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HomeMy WebLinkAboutCOW 2025-11-10 Item 5A / 6A - Exhibit 8 - Prato District: Vested Development RegulationsEXHIBIT 8 Vested Development Regulations TITLE 9 - VEHICLES AND TRAFFIC Chapters: 9.04 Definitions 8-98 Enforccmcnt Administration 0.12 Modcl Traffic Ordinancc Adoption by Rcfcrcncc 0.16 Local Spccd Limits Onc Way Strcct3 9.18 Functional Artcrial Syctcm 948 Local Traffic and Parking Rcgulations 9.21 intcrfcring with Traffic 9,24 Bicycico 948 Misccllancous Rcgulations 9,39 Comprescion Brakcs 9 Abandoncd and Junkcd Motor Vchicics 9,34 Operation of Motorizcd Foot Scootcrs, Rockct Bikcs and EPAMDS 9,38 f cnalty for Violation 9,44 Commutc Trip Rcduction Plan and Program Rcquircmcnts 9,48 Transportation Concurrcncy Standards and Impact Foos 9.50 Concurrency Management 9,63 Automatcd Traffic Safcty Camcra3 9,64 Truck Routcs Figures (located at back of this section) Figure 1 Figurc 2 Transportation Impact Fees Vchicics by Wcight CIHNAIIPITIILEIIR. 04 ID OE, IFIIII III IIII TOO IIIS Sections: 9.04.010 Definitions — Adoption by reference. 9.04.020 Definition of vehicle. 9.04.010 Definitions — Adoption by reference The following definitional provisions of the Washington Model Traffic Ordinance, and all future amendments thereto, are adopted by reference: RCW 46.90.100 46.90.103 46.90.106 46.90.109 46.90.112 46.90.118 46.90.121 46.90.124 46.90.127 46.90.130 46.90.133 46.90.136 46.90.142 46.90.145 46.90.148 46.90.151 46.90.154 46.90.166 46.90.169 46.90.172 46.90.178 46.90.181 46.90.184 46.90.187 46.90.190. Or 1370 ; I (par°t o ? 8 9.04.020 Definition of vehicle "Vehicle" includes every device designed to travel upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway and shall include, but not be limited to, automobiles, buses, motor -bikes, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers. Di°ad. 1502 ,o ? 8 Produced by the City of Tukwila, City Clerk's Office Page 9-1 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC CARITE IR,.9 Seetionsi 0.08.010 Adoption by rcfcrcncc 9,043,01-0 Thc following statucs rclating to cnforccmcnt of motor vchicic laws, and all futurc amcndmcnts thcrcto, arc adoptcd by rcfcrcncc: RCW 46.30.020 46.30.040 46.64.010 16764.015 46.64.020 16764.025 46.64.030 46.64.040 46.64.048 46.64.050 46.64.010 46.00.200 46.00.205 46.00.210 46.00.215 46.00.220 46.00.230 46.00.235 46.00.240 46.00.245 46.00.255 46.00.260 46.00.265 46.00.270 46.00.275 46.00.335 46.00.340 167997345 46.00.375 46.00.400 16.00.103 16.00.640 4679.076.59 46.00.660 46.00.700 46.00.705 '16.61.688 (Ord. 757(1 7,0 7990,o Ord 1.119 7,0 7987',; Or . 7370 §1 (par0 19851 C OH A FIE II ,. 9 12 A lIIE)0 ON BY II , IIL Ileµ IIL II , IIE NC IIE 0.12.010 Modcl traffic ordinancc adoption by rcfcrcncc 0.12.020 Scctions not adoptcd 9.12.010 rcfcrcncc Thc "Washington Modcl Traffic Ordinancc," WAC chaptcrs 308 330, is hcrcby adoptcd by rcfcrcncc as thc traffic ordinancc of thc City of Tukwila as if sot forth in full. Also adoptcd by rcfcrcncc arc Scctions 4, 5, 6, 7, 10, 11, 12 and 23 of Chaptcr 275, Laws of 1994 and RCW 46.20.730 as amcndcd by Scction 23 of Chaptcr 275, Laws of 1994. (Or° 709 7,01994) 9.12.020 Thc following scctions of thc MTO rcfcrcncc and arc cxprcssly dcictcd: WAC 308 330 250 Policc Dcpartmcnt to administcr bicycic liccnscs. Policc Dcpartmcnt to rcgulatc parking motors. Traffic Safcty Commission powcrs and dutics. Bicycic liccnsc rcquircd. Bicycic liccnsc application. lssuancc of bicycic liccnsc. Attachmcnt of bicycic liccnsc platc or dccal. lnspcction of bicycics. Rcncwal of bicycic liccnacs. Bicycic transfcr of owncrship. Bicycic rcntal agcncics. Bicycic d alcrs. Bicycic pcnaltics. Parking mctcr spaccs. Parking mctcrs Dcposit of coins and timc limits. Parking mctcrs Usc of slugs prohibitcd. Tampering with parking mctcr. Parking mctcrs Rulc of cvidcncc. Parking mctcrs Application of procccds. Scrvicc parking. WAC 308 330 255 WAC 308 330 275 WAC 308 330 500 WAC 308 330 505 WAC 308 330 510 WAC 308 330 515 WAC 308 330 520 WAC 308 330 525 WAC 308 330 530 WAC 308 330 535 WAC 308 330 540 WAC 308 330 560 WAC 308 330 600 WAC 308 330 610 WAC 308 330 620 WAC 308 330 630 WAC 308 330 640 WAC 308 330 650 WAC 308 330 660 arc not adoptcd by (Ord 7709 7,0 7985,1 Produced by the City of Tukwila, City Clerk's Office Page 9-2 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC C OH A RITE E II ,. 9 16 lLOCAIIL_ SIIPIIII II' Ilt_IIIIIIIIIII"�'xx ONIIE WAY S" I'll ,lll IIET'S Sectionsi 0.16.010 Forty mph on portion of Wcst Vallcy Hwy 0.16.020 Sccondary Statc Highway No. 181 0.16.030 0.16.040 0.16.050 0.16.060 0.16.070 South 132nd Strcct Maulc Avcnuc Intl -urban Avcnuc t 22,4tth Stroot A2nd von uo Coy th and 50th Placc South Thirty fivc mph on portion of Tukwila Intcrnational Boulcvard 9.16.010 Highway A 40 milc per hour spccd limit zonc is cstablishcd on the Wcst Vallcy Highway in thc gcncral vicinity of Rcnton/Tukwila city limits, and thcn in a gcncrally northcrly dircction for approximatcly cight tcnths of a milc, and thcn in a gcncrally southcrly dircction to thc intcrscction of Wcst Vallcy Highway and South 180th Strcct. 9.16.020 7k A 50 milc per hour spccd limit is cstablishcd on Sccondary Statc Highway No. 181 from thc south limits of the City of Tukwila, which is Statc Highway Milcpost No. 0.24, north to South 180th Strcct, which is Statc Highway Milcpost No. 0.74. B7 A 50 milc per hour spccd limit is cstablishcd on Sccondary Statc Highway No. 181 from the City limits of Tukwila at a point .24 milcs south of thc Chicago, Milwaukcc, St. Paul and Pacific Railroad crossing which is Statc Highway Milcpost No. 10.20, to a point .15 milc north of thc Chicago, Milwaukcc, St. Paul and Pacific Railroad crossing, which is Statc Highway Milcpost No. 10.68. C. A 40 milc per hour spccd limit is cstablishcd on Sccondary Statc Highway No. 181 from Statc Highway Milcpost No. 10.68 to Statc Highway Milcpost No. 11.45. r° . 139 70 7 86; (° . 1370 §1 6p r°tto 7 851 9.16.030 South 132nd Strcct South 132nd Strcct shall bc a onc way strcct, traffic moving from 48th South to South 133rd Strcct. (Ord 13'7O 1 (p ° , 19H 5 946,040 Maulc Avenue Maulc Avcnuc shall bc a onc way strcct, traffic moving from South 147th to South 143 Placc. (Ord, 13'7O §1 (part), 79H 5 9.16.050 A 35 milc per hour spccd limit is cstablishcd on Intcrurban Avcnuc from Statc Highway Milcpost No. 11.45 to thc north City 13'9 2 1980 946,964) f f � 60th DIacc South A 25 MPH spccd limit is cstablishcd on ccrtain collcctor artcrials as follows: South 124th Strcct from 42nh Avcnuc South to 50th Placc South. 27 12nh Avcnuc South from Intcrurban Avcnuc to South 115th Strcct; cxccpt that Typc 1, Typc 2, and Typc 3 trucks, as dcfincd by thc Amcrican Association of Statc Highway Officials (AASHTO), shall bc rcstrictcd to a maximum spccd of 15 MPH. .. 50th Placc South from South 124th Strcct to thc cast City Limit. A 35 milc per hour spccd limit zonc is cstablishcd for both dircctions of traffic on Tukwila Intcrnational Boulcvard bctwccn So. 130th Strcct and So. 152nd Strcct. .180 70 2(172;0 (fit°a ,. 1875 70 7 (((;; Produced by the City of Tukwila, City Clerk's Office Page 9-3 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC C OH A RITE II ,. 9 18 Seetionsi 0.18.010 Dcsignation of principal artcrial3 9.18.020 Dcsignation of minor artcrials, 0.18.030 Dcsignation of collcctor artcrial3 0.18.040 Dcsignation of conccptual artcrials (futurc construction) 9.18.010 Thc primary function of principal artcrials is to cxpcditc through traffic bctwccn communitics and traffic gcncratcd by major shopping ccntcrs, and scrvc travcl bctwccn frccways and lcsscr classificd artcrials. Principal artcrials arc 50 or morc fcct widc with 80 or morc fcct of right of way. Principal artcrial spccd limits arc normally sct bctwccn 35 and 50 milcs per hour. Principal artcrial traffic volumcs gcncrally rangc bctwccn 10,000 and 50,000 per wcckday. Thc following strccts will bc classificd as principal artcrials: 47 Pacific Highway South bctwccn Bocing Acccss Road and south City limit; 2 East Marginal Way bctwccn Bocing Acccs c Road and north City limit; 3- Bocing Acccss Road bctwccn East Marginal Way and Empirc Way; 4- Empirc Way South bctwccn 15 and north City limit; 5- Intcrurban Avc. S. bctwccn 15 and 1 405; 8- Wcst Vallcy Road bctwccn 1405 and south City limit; Southccntcr Boulcvard and Crady Way bctwccn 15 and coact City limit; 8- 16th Avcnuc bctwccn the north and south City limit. 9.18.020 Thc primary function of minor artcrials is to scrvc intcrcommunity traffic travcling bctwccn ncighborhoods, travcling bctwccn principal and collcctor artcrials. Minor artcrials scrvc cmallcr gcographic areas than principal artcrials. Minor artcrial cpccd limits arc usually 30 or 35 milcs per hour. Traffic gcncrators ccrvcd by minor artcrials includc high schools, junior high schools, hospitals, community bucincs c ccntcrs, ncighborhood shopping ccntcrs and athlctic ficlds. Minor artcrial traffic volumcs rangc from 1,500 to 15,000 per wcckday. Minor artcrials arc normally 11 fcct widc with at I ast 60 fcct of right of way. B7 Thc following strccts will bc classificd as minor artcrials: 4- Airport Way S. bctwccn Bocing Acccs c Road and north City limit; 27 East Marginal Way S. and S. 133r' St. bctwccn Bocing Accccc Road and Intcrurban Avc S.; 3- Intcrurban Avc So. Bctwccn East Marginal Way S. and 1 5; 4- S. 154th St. bctwccn 15 and Pacific Highway S.; 6, lKlickitat bctwccn SR 518 and Southccntcr Parkway; 6, Southccntcr Parkway and 57th Avc. S. bctwccn Tukwila Parkway and south City limit; 7, Tukwila Parkway bctwccn Southccntcr Parkway and Southccntcr Boulcvard; 8- Strandcr Boulcvard bctwccn Southccntcr Parkway and Wcst Vallcy Road; 9, Andovcr Park East bctwccn Tukwila Parkway and S. 180th St.; 10. Andovcr Park Wcst bctwccn Tukwila Parkway and S. 180th St.; 11. S. 180th St. and S. 178th St. bctwccn Wcst Vallcy Road and wcst City limit. i(id. 1616 "$'o 199 9.18.030 Thc primary function of collcctor artcrials is to scrvc traffic travcling bctwccn acccss strccts and highcr classification artcrials and primarily scrvc local traffic of a ncighborhood or commcrcial/industrial arca. Collcctor artcrials scrvc somc through traffic and traffic within a local ar a, and providc acccss to abutting land with csscntially unrcstrictcd numbcrs of acccss points. Collcctor artcrial gcncrators includc cicmcntary cchools, churchcs, clinics and small apartmcnt areas. Collcctor artcrial traffic volumcs arc gcncrally Icss than 10,000 per day. Collcctor artcrials arc normally 36 to 40 fcct widc with 60 fcct of right of way. Collcctor artcrials may havc bus routcs. B7 Thc following strccts will bc classificd as collcctor artcrials: 4- S. Norfolk St. bctwccn East Marginal Way and ast City limit; 27 S. 112h St. bctwccn Pacific Highway S. and East Marginal Way S.; 3- S. 115'h St. and 42nh Avc. S. bctwccn East Marginal Way and Intcrurban Avc. S.; 4- S. 124th St. and 50'h Placc S. bctwccn 42nd Avc. S. and ast City limit; 6, Macadam Road S. bctwccn Intcrurban Avc. S. and S. 144th St.; 8- S. 144th St. bctwccn 58th Avc. S. and wcst City limit; Produced by the City of Tukwila, City Clerk's Office Page 9-4 Return to Titl+ Return to Ch. 9.18 TITLE 9 — VEHICLES AND TRAFFIC 77 65'h Avc. S./S. 147th St./58'h Avc. S. bctwccn Southccntcr Boulcvard and Intcrurban; 87 Macadam Road/53rd Avc. S./52nd Avc. S. bctwccn €outhccntcr Boulcvard and Intcrurban; & S. 130'h St. bctwccn Macadam Road S. and Pacific Highway; 10. 40'h Avc. S. and 42nd Avc. S. bctwccn Cast Marginal Way and south City limit; 11. S. 160th St. and 53rd Avc. S. bctwccn Military Road and Klickitat; 12. S. 164th St. bctwccn Military Road and 51 st Avc. S.; 13. 51 st Avc. S. bctwccn S. 160th St. and south City limit; 14. Minklcr Boulcvard bctwccn Andovcr Park Wcst and Andovcr Park East. d((ad. 1616 § 1, 19911 E The following strccts will bc clascificd as conccptual artcrials: Minklcr Boulcvard bctwccn Andovcr Park East and €outhccntcr Parkway; 27 S. 168th St. bctwccn Southccntcr Parkway and Andovcr Park Wcst; 3 Tukwila Parkway cxtcndcd bctwccn Andovcr Park East and cast City limit; 47 €trandcr Boulcvard cxtcndcd bctwccn Wcst Vallcy Road and east City limit; 57 S. Norfolk St. cxtcndcd bctwccn East Marginal Way and SR 00; 67 Catcway Boulcvard bctwccn Interurban Avc. S. and 50'h Placc So. ((a°d. 1616 5, 1991) Sectionsi 0.20.010 0.20.020 0.20.030 0.20.040 97207350 0.20.060 0.20.070 0.20.080 0.20.000 0.20.100 0.20.110 0.20.120 C HA II y°T E II ,. 9 2I' Dcfinitions Alloy Drivcway cntrancc Parking on municipal property Parking for maintcnancc purposcs prohibitcd Parking ovcr timc limits on City strccts and highways prohibitcd Ccncral parking rcgulations Parking largc vchicics, trailcrs and rccreational vchicics on City strccts Parking Class 3 and Class 4 vchicics in residcntial Rccrcaational vchicic and trailcr parking in rcsidcntial zoncs Unsafc parking Controls cnforccmcnt f cnaltics and impound proccdurc3 9.20.010 Definitions As uscd in this chaptcr, thc following tcrms shall havc the mcaanings sct forth in this scction, unlcsc a diffcrcnt meaning is clearly indicatcd by thc contcxt in which thc tcrm is uscd. Tcrm3 not defined hcrcin shall bc interpreted using thc m aning thcy have in common usagc and to givc this chaptcr its most reasonable application. 4- "Class 1 Vchicic" means vchicics with a gross vchicic wcight rating of 6,000 pounds or Icss as indicatcd in official state rccords. Scc Figurc 0 2. 27 "Class 2 Vchicic" means vchicics with a glom vchicic wcight rating of 6,001 pounds to 10,000 pounds as indicatcd in official state rccords. Scc Figurc 0 2. 37 "Class 3 Vchicic" means vchicics with a glom vchicic wcight rating of 10,001 pounds to 14,000 pounds as indicatcd in official statc rccords. Scc Figurc 0 2. 47 "Class 4 Vchicic" means vchicics with a glom vchicic wcight rating of 14,001 pounds to 16,000 pounds as indicatcd in official statc rccords. Scc Figurc 0 2. 67 "Class 5 Vchicic" means vchicics with a gross vchicic wcight rating of 16,001 pounds to 10,500 pounds as indicatcd in official statc rccords. Scc Figurc 0 2. 67 "Class 6 Vchicic" means vchicics with a gro-o vchicic wcight rating of 10,501 pounds to 26,000 pounds as indicatcd in official statc rccords. Scc Figurc 0 2. 7, "Class 7 Vchicic" means vchicics with a gro-o vchicic wcight rating of 26,001 pounds to 33,000 pounds as indicatcd in official statc rccords. Scc Figurc 0 2. 87 "Class 8 Vchicic" means vchicics with a gro-o vchicic wcight rating of 33,001 pounds or more as indicatcd ir} official statc rccords. Scc Figurc 0 2. Produced by the City of Tukwila, City Clerk's Office Page 9-5 Return to Titl+ Return to Ch. 9.20 TITLE 9 — VEHICLES AND TRAFFIC & "Pick up Truck" means a motor vchicic dcsigncd, used or maintaincd for carrying, pulling or transporting property, typically with an enclosed cab and an opcn bcd and low sides and a tailgatc, and may bc uscd with or without a canopy covcring the beak 10. "Recreational Vchicic" means tel trailcr, motorhomc, fifth whccl trailcr, or similar vchicics uscd for tcmporary accommodations whilc traveling. "Recreational vchicics" also includcs boats, personal watcrcraft, snowmobilc3 and thc like. 11. "Trailer" moans every vchicic without motive powcr dcsigncd for bcing drawn by or used in conjunction with a motor vchicic, constructcd so that no apprcciablc part of its wcight rest;� upon or is carricd by such motor vchicic, whcthcr attachcd or unattached to a motor vchicic, including, but not Iimitcd to semitrailers and pole trailers. "Small trailcr" is dcfincd as any trailcr with a gro vchicic wcight rating of Icsc than 16,000 pounds as indicatcd in official state records. Or . 229 5, 20 6) 972-07020 No person shall park a vchicic within a City allcy in such a manncr or undcr such conditions as to Iciavc availablc 10 fcct of thc roadway for thc frcc movcmcnt of vchicular and cmcrgcncy traffic, and no person shall stop, stand, or park a vchicic within a City allcy in such a position as to block thc drivcway cntrancc to any abutting property. 2202 ;, 20 '3';; Or . 2494 &;, 2010 0.20.030 Generally. No person shall stop, stand or park a vchicic in any garagc, City of Tukwila park, parking ar a, or othcr property operatcd by thc City, whcrc signs prohibit or restrict such stopping, standing or parking without lawful authority or permission. 127 Municipal Parks and Trails. No person shall stand, stop or park a vchicic in any municipal park or trail arcias cxccpt in arcias dcsignatcd for such purposes. No person shall stand, stop or park any vchicic in a parking stall dcsignatcd for a municipal park or trail arcia for a period of time cxcccding thc maximum amount of time permittcd as postcd or, if a time limit is not postcd, for a period of time cxcccding 6 hours, without lawful permission or authority. 270 4 2;. .202 3;; 0r°a . 2494 I;. 20 9407040 pfehibited No person shall park a vchicic upon any roadway for the principal purposc of maintcnancc or rcpairing such vchicic cxccpt for rcpairs ncccssitatcd by cmcrgcncy. (OrtL 2494 8;0 201 • Ccncrally. No person shall stop, park, Iciavc standing, or storc any vchicic, whcthcr attcndcd or unattcndcd, on any strcct or highway within thc City for more than 72 hours. ▪ Restricted Parking. Any strcct with a sign denoting limited hours for parking shall bc restricted for general strcct parking. The strcct or ar a shall bc marked by a sign ciciarly indicating Iimitcd hours for parking. 2202 3;o 20 '3';; t °a . ' 9 9;. 2010 9,20460 • Exccpt whcrc ncccssary to avoid conflict with othcr traffic, or in compliancc with thc law or thc directions of a law cnforccmcnt officcr, no person shall stop, stand, or park a vchicic: 47 in front of a public or privatc drivcway or within 5 fcct of thc cnd of thc radius I ading thereto. 27 In a placc that restricts vchicular acccss to mailboxes. S- In any placc whcrc official signs prohibit parking. 47 in such a manncr or undcr such conditions as to lciavc availablc Icss than 10 fcct of thc width of thc roadway for frcc movcmcnt of vchicular and cmcrgcncy traffic. 57 Whcn signs arc displayed giving noticc thcrcof, on one or both sidcs of a strcct whcrc parking is prohibited. 67 On cut do sacs whcn such action rcduccs thc radius of tho ou l do c e to Iocc +hon 35 foot 7, Wrong way parking: To facilitatc thc safc flow of traffic cntcring a Ianc of travcl, vchicics parkcd along thc curb or on a City right of way must bc parkcd facing thc direction of vchicic travcl for that Ianc of travcl. 127 Any vchicic stoppcd, parkcd, storcd, or Icft unattcndcd on any strcct, allcy or highway within thc City without a valid and currcnt rcgistration rccord (a Iiccnsc platc issucd by any of the United States), and with thc expiration of said registration} confirmcd through chccking thc Iiccnsc platc attachcd to the vchicic, or thc VIN numbcr of thc vchicic, through thc applicable State Dcpartmcnt of Liccnsing, shall bc subject to immediate issuance of a noticc of infraction without rcgard to thc length of timc thc vchicic has bccn stoppcd, parkcd, storcd, or Icft unattcndcd. C. It is unlawful for any person to alter or remove a mark placcd upon a vchicic by a law cnforccmcnt officcr to monitor and cnforcc thc parking time limits in this chaptcr whcn thc alteration} or removal is intcndcd to cxtcnd thc period of parking time authorized. D. Rc parking thc vchicic in thc same block to avoid a time limit regulation is a violation of this chaptcr. ((r° . 2202 pi;. 202'3;;tOr°a . 2494 i0,. 2010 Produced by the City of Tukwila, City Clerk's Office Page 9-6 Return to Titl+ Return to Ch. 9.20 TITLE 9 — VEHICLES AND TRAFFIC Application.. This scction shall apply to any vchicic Class 5 or groatcr, trailcrs and rccroational vchicics. 137 Exccpt as providcd for in this scction, no person shall park any vchicic Class 5 or gr atcr, trailcr or rccr ational vchicic on any strcct, allcy or public right of way in thc City. C. Exccptions. Thc parking prohibitions outlincd in this ccction do not apply to thc following: 47 Stopping or parking whilc in thc proccss of activcly loading or unloading providcd that vision and traffic flow arc not obstructcd. 2 Stopping or parking whilc activcly cngagcd in a construction or utility projcct, or whilc activcly cngagcd in busincss with a property owncr or tcnant in thc immcdiatc vicinity. 37 Stopping or parking school buscs for a period of thrcc hours during thc days and hours whcn studcnts arc in school or during school rclatcd spccial cvcnts, providcd that vision and traffic flow arc not obstructcd. 4: Stopping or parking rccroational vchicics and small trailcrs in rcsidcntial arras as rcgulatcd by TMC Scction 0.20.000. 67 Stopping or parking authorizcd cmcrgcncy vchicics. t 1rr1. 2191 `t ` , 2016) A Application. This scction shall apply to Class 3 vchicics and Class 4 vchicics. No person shall park any vchicic subjcct to this scction on or along any strcct, allcy or public right of way in a rcsidcntial zoning district of thc City; providcd that this restriction shall not apply to pick up trucks falling within thc Class 3 vchicic rating. C. As uscd in this scction, a strcct, allcy or public right of way in a rcsidcntial zoning district of thc City shall bc as dcfincd and dcscribcd in TMC Chaptcr 18.08, including thc Low Dcnsity Rcsidcntial (LDR) zonc, thc Mcdium Dcnsity Rcsidcntial (MDR} zonc, and thc High Dcnsity Rcsidcntial (HDR) zonc. Mixcd use zoning districts shall not constitutc a rcsidcntial zoning district of thc City for thc purposcs hcrcof. In ordcr for a strcct, allcy or public right of way to bc considcrcd in a rcsidcntial zoning district of thc City, thc property on both sidcs of thc roadway shall be zoncd LDR, MDR, and/or HDR. D. Exccptions. Thc parking prohibitions outlincd in this ccction do not apply to thc following: 47 Pick up trucks falling within thc Clasp 3 vchicic 2 Stopping of per-kift rccroational vchicics le rcsidcntial areas as rcgulatcd by TMC Scction 0.20.000. 1)r°a . 2292 12, 2016) 7.87 Applioation7 This scction shall apply to parking rccroational vchicics and small trailcrs on City strccts in rcsidcntial Rccroational vchicics and small trailcrs may bc parkcd on any City strcct, allcy or public right of way in any rcsidcntial zonc in thc City for a period of up to 24 hours. C. Rccroational vchicics may bc storcd or parkcd on private property as spccificd in TMC Scction 18.56.065. 0r . 2515 at, 2017,; t 1r . 2191 t3;o 201 6 9.20.100thisafe-peFking No person shall stop, park, lcavc standing, or storc any vchicic, whcthcr attcndcd or unattcndcd, on any strcct or highway within thc City, whcrc such vchicic obstructs visibility or sight distancc in such a manncr as to jcopardizc public safcty. (Ctr. 2494 1 Ito 2016) 9.20.110 _ 7.87 Thc Public Works Dcpartmcnt or dcsigncc is authorizcd to placc and maintain traffic control dcviccs, including signs indicating parking restrictions, as dccmcd ncccssary to rcgulatc, warn, or guidc traffic undcr any parking or travcl on roadways, highways and intcrscctions in thc City. 137 For thc purposc of issuing infractions undcr TMC Chaptcr 0.20, thc Chicf of Policc may dcsignatc othcr individuals, including individuals not commissioncd as policc officcrs, to cnforcc TMC Chaptcr 0.20 and to iscuc citations to violators as providcd thcrcin. (Orft 2''°I9.°I '1 o 2'016) 9.20.120 Ar Violations of thc provisions of TMC Chaptcr 0.20 are parking infractions punishablc by monctary pcnaltics as sct forth in thc bclow tablc, and/or impoundmcnt pursuant to this scction. Dclinqucnt Fcc Authorizcd. Unpaid parking violations will incur a $25.00 latc fcc following 30 days from thc datc of violation or upon failurc to comply with a timc pay agrccmcnt. . Uncafo ee roadway 0.20.1001 Parking on municipal property (TMC 0.20.0301... Parking largo vchicicc, tailors and rccrcational vchicicc on City ctrcctc (TMC 0.20.070) Parking ovcr timc limits on City ctrcctc and dighwayc,(TMC 0.20.050) Any parking violations Het othcrwico cpccificd $30 1 ct violation: $30 2nd violation: $50 3rd or subscqucnt violation: $75 $20 $4g Produced by the City of Tukwila, City Clerk's Office Page 9-7 Return to Titl+ Return to Ch. 9.20 TITLE 9 —VEHICLES AND TRAFFIC C. Impound Authorizcd. Any vchicic parkcd on any City right of way or City owncd, Iclascd or operatcd property in violation of TMC Chaptcr 9.20 is subjcct to citation by a law cnforccmcnt officcr and/or impoundmcnt in accordancc with this chaptcr by the law cnforccmcnt officcr or a public official having jurisdiction ovcr thc right of way or property upon which thc vchicic is locatcd. D. Immcdiatc Impound. Vchicics parkcd in violation of TMC Chaptcr 9.20 arc subjcct to immcdiatc impound undcr the following circumstanccs: Whcn thc vchicic is impcding thc normal flow of vchicular or pcdcstrian traffic; 2 Whcn thc vchicic is parkcd in violation of a parking restriction sign or whcn thc vchicic is intcrfcring, or is likcly to intcrfcrc, with thc intcndcd use of thc rcstrictcd parking zonc; or 37 Whcn thc vchicic poscs an immcdiatc dangcr to public safcty. Othcr Impound. A vchicic not subjcct to immcdiatc impoundmcnt undcr TMC Scction 0.20.120.0 may bc impoundcd for violating any provision of TMC Chaptcr 9.20. A noticc of impoundmcnt shall bc sccurcly attachcd to, and conspicuously displaycd on, thc vchicic for a period of 72 hours prior to impoundmcnt. Thc noticc shall includc: 47 Thc datc and timc thc stickcr was attachcd. 2 Thc idcntity of thc officcr. 37 A statcmcnt that if thc vchicic is not rcmovcd within 72 hours from thc timc thc stickcr is attachcd, thc vchicic may be takcn into custody and storcd at thc owncr's cxpcnsc. 47 A statcmcnt that if thc vchicic is not rcdccmcd ao providcd in RCW 46.55.120, thc rcgistcrcd owncr will havc committcd thc traffic infraction of littcring abandoncd vchicic. 57 The addreso eael tcicphonc numbcr whcrc additional information may bc obtaincd. 4- Not morc than 24 hours aftcr impounding a vchicic, thc tow operator shall scnd by first class mail to thc last known rcgistcrcd and Icgal owncrs of thc vchicic (1) a noticc containing thc full particulars of thc impoundmcnt, thc rcdcmption proccdurc, and thc opportunity for a hctaring to contcst thc validity of the impoundmcnt pursuant to RCW 46.55.120, and (2) forms for rcqucsting thc hciaring. Thc tow operator also shall givc thc noticc and forms to any person rcdccming thc vchicic within thc 24 hour 27 Thc rcgistcrcd or Icgal owncr of thc vchicic may rcqucst a hciaring in Tukwila Municipal Court to contcst thc validity of thc impoundmcnt. Thc rcqucst for a hciaring shall bc madc on thc form providcd by thc tow operator, and shall bc rcccivcd by thc Tukwila Municipal Court within 10 days (including Saturdays, Sundays and holidays) of thc datc on which thc noticc and forms wcrc mailcd. If thc rcqucst for such a hciaring is not rcccivcd by thc Tukwila Municipal Court within thc 10 day period, thc right to a hciaring shall bc dccmcd waivcd and thc rcgistcrcd and Icgal owncrs shall bc liablc for any towing, storagc and othcr chargcs authorizcd by RCW 46.55.063. 37 Thc proccdurcs for rcdcmption of an impoundcd vchicic and for thc hciaring to contcst thc validity of an impoundmcnt shall bc in accordancc with Chaptcr 46.55 RCW. C. Costs. Any costs incurrcd in thc rcmoval and storagc of an impoundcd vchicic shall bc a licn upon thc vchicic. All towing and storagc chargcs on that impoundcd vchicic shall bc paid by thc owncr or his/hcr agcnt if thc vchicic is rcdccmcd. Eithcr a rcgistcrcd or Icgal owncr may claim an impoundcd vchicic by paymcnt of all chargcs that havc accrucd at thc timc of rcclamation. If thc vchicic was impoundcd at thc dircction of a law cnforccmcnt agcncy, thc person in posscssion of thc vchicic prior to thc timc of rcclamation shall notify such agcncy of thc fact that thc vchicic has bccn claimcd, and by whom. H. Noncxclusivc Rcmcdics. Thc impounding of a vchicic chall not prccludc charging thc violator with any violation of the law on account of which such vchicic was impoundcd. Contract with rcgistcrcd to dicpocc of Thc City may contract with any tow truck operator who is cngagcd in rcmoving and storing of vchicics and who io rcgistcrcd as a rcgistcrcd disposcr of ccrtain automobilc hulks, abandoncd junk motor vchicics and abandoncd vchicics. 2 Any rcgistcrcd disposcr undcr contract to thc City for thc rcmoving and storing of vchicics or hulks shall comply with all applicablc laws, ordinanccs and rcgulations, including Chaptcr 16.55 RCW and thc administrativc rcgulations rclativc to the handling and disposing of vchicics or hulks as may be promulgatcd by thc Policc Chicf or thc Dircctor of thc Washington Statc Dcpartmcnt of Liccnsing. (or 2704 „c5, '0 '3; (Or °a . ' 9 ib, 2010 Produced by the City of Tukwila, City Clerk's Office Page 9-8 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC C IIH A FIE II ,. 9 21 Sectionsi 0.21.010 Purpose 0.21.020 Dcfinitions 0.21.030 Intcrfcrcncc with traffic prohibitcd 0.21.040 f cnalty for violation 0.21.010 Purpose Thc purposc of this chaptcr is to providc for thc frcc flow of pcdcstrian and vchicular traffic on strccts and sidcwalks in the City, to promotc tourism and busincss, and to prcscrvc thc quality of urban lifc. Intcrfcrcncc with traffic by pcdcstrians within the right of way is unsafc and should bc rcstrictcd. By this Icgislation, thc City Council intcnds to promotc thc hcialth, safcty, and wclfarc of thc citizcns of and visitors to thc City of Tukwila. 9.21.020 Definitions For thc purposcs of this chaptcr, thc following words and phraccs shall havc thc meaning accribcd to thcm in this scction: 47 "Intcrfcrc" means to hindcr, obstruct, or slow. 2 "Right of way" means, without limitation, public ctrccts, statc routcs and intcrstatc highways (including, but not limitcd to, on and off ramps), sidcwalks, allcys, shouldcrs, traffic islands, and drivcways. Or . 419 cry"';o2013) 0.21.030 It shall bc unlawful for any peraon, whilc in thc right of way, to takc any action that intcrfcrcs with thc lawful flow of traffic. 97217040 Violations of this chaptcr shall bc punishablc as follows: Thc first violation of this chaptcr shall bc punishablc by a civil infraction in an amount not to cxcccd $124.00. 2 Thc sccond violation of this chaptcr shall be punishablc by a civil infraction in an amount not to cxcccd $200.00. 37 Thc third and all subscqucnt violations of this chaptcr shall bc punishablc by a civil infraction in an amount not to cxcccd $300.00. (((r 2'419 50 2'(Ufl C OH A FIE II , 9 2 I IIIIICY'"C LIES 0.24.010 Modcl ordinancc Adoption by rcfcrcncc 944440 Thc following provisions of thc Washington Modcl Traffic Ordinancc, and all futurc amcndmcnts thcrcto, arc adoptcd by rcfcrcncc: RCW 16.00.500 16.90.540 46.00.550 46.00.555 46.00.565. 16.90.545 46.00.560 (Ord 1,37O §1 (part.o 19H5 Produced by the City of Tukwila, City Clerk's Office Page 9-9 Return to Titl+ TITLE 9 - VEHICLES AND TRAFFIC C OH A FIE II ,. 9 28 Seetiensi 9.28.010 9.28.030 0.28.035 0.28.037 0.28.038 0.28.040 Railroad trains not to block strcct:, Inattcntivc driving Avoiding an Intcrscction Ncgligcnt operation of skatcboards and othcr dcviccs prohibitcd Elcctric Vchicic Parking PeRritty 9.28.010 Rail oad train not to Mock n��ww�n It is unlawful for thc dirccting officcr or thc operator of any railroad train to dircct thc operation of or to operatc thc samc in such a manncr as to prcvcnt thc use of any strcct for purposcs of travcl for a period of timc longcr than fivc minutcs, cxccpt that this provision shall not apply to trains or cars in motion othcr than those cngagcd in switching. (Or 7794 §1 / a a°0,, 1997) 0.28.030 It shall bc an infraction for any person to operatc a motor vchicic within thc City in an inattcntivc manncr. For thc purposcs of this scction, "inattcntivc manncr" means thc operation of a motor vchicic in a manncr which cvidcnccs a lack of thc dcgrcc of attcntivcncsc rcquircd to safcly operatc thc vchicic undcr the prcvailing conditions of thc roadway, prcscncc of othcr traffic, prescncc of pcdcstrians and wcaathcr conditions. Thc offcnsc of operating a motor vchicic in an inattcntivc manncr shall be considcrcd to bc a Icsscr offcnsc than, but includcd in thc offcnsc of, operating a motor vchicic in a ncgligcnt manncr. t°. 1794 §1 (par 0, 1997) It is unlawful for any person to rollcrskatc, rollcrbladc or operatc a skatcboard, coastcr, toy vchicic or similar dcvicc in a ncgligcnt, or rccklcsc manncr on any roadway, sidcwalk, publicly owncd parking lot or park. For thc purposc of this scction, "to operatc in a ncgligcnt or rccklcss manncr" moans the rollcrskating, rollcrblading or operation of a skatcboard, coastcr, toy vchicic or similar dcvicc in such a manncr as to thr atcn or cndangcr or bc likcly to thrcatcn or cndangcr any persons or property. (Or '1794 §1 / a a° �,o 7997) 9.28.037 Thc following rcgulations apply to cnforccmcnt of non cicctric vchicics that park in cicctric vchicic charging station spaccs and for cicctric vchicics parkcd out of compliancc with postcd days and hours of charging operation. Thcsc rcgulations arc applicablc for cicctric vchicic charging station spaccs that arc publicly acccsciblc (c.g., on strcct parking, municipal garagcs, park and ridc lots, shopping ccntcrs, ctc.). Signagc rcgulations for cnforccmcnt arc includcd in Titic 18, Chaptcr 18.56, "Off Strcct Parking and Loading Rcgulations." 4- Elcctric vchicic charging stations arc rcscrvcd for parking and charging cicctric vchicics only. 27 Elcctric vchicics may bc parkcd in any spacc dcsignatcd for public parking subjcct to thc restrictions that would apply to any othcr vchicic that would park in that spacc. 3 Whcn a sign authorizcd undcr TMC Chaptcr 18.56 providcs noticc that a spacc is a dcsignatcd cicctric vchicic charging station, no person shall park or stand any non cicctric vchicic in a dcsignatcd cicctric vchicic charging station spacc. Any non cicctric vchicic is subjcct to finc or rcmoval. 47 Any cicctric vchicic in a dcsignatcd cicctric vchicic charging station spacc and not cicctrically charging, or parkcd bcyond thc days and hours dcsignatcd on rcgulatory signs postcd at or n ar the spacc, shall bc subjcct to a finc and/or rcmoval. For purposcs of this subscction, "charging" means an cicctric vchicic is parkcd at an cicctric vchicic charging station and is conncctcd to thc charging station cquipmcnt. 6 Upon adoption by thc City of Tukwila, thc City Lnginccr shall causc appropriatc signs and marking to bc place} in and around cicctric vchicic charging station spaccs, indicating promincntly thcrcon thc parking rcgulations. Thc signs shall dcfinc timc limits and hours of operation, as applicablc, and shall statc that thc parking spacc is rescrvcd for charging cicctric vchicics and that an cicctric vchicic may only park in thc spacc for charging purposcs. Violators arc subjcct to a finc and/or rcmoval of thcir vchicic. 67 Violations of this scction shall bc punishablc as infractions. Punishmcnt shall bc by a finc not to cxcccd thc finc prcscribcd in accordancc with TMC Scction 0.28.040. Each day such violation is committcd shall constitutc a scparatc offcnsc and shall bc punishablc as such. Any commissioncd policc officcr or Tukwila Policc Dcpartmcnt voluntccr authorizcd by thc Policc Chicf or othcr dcsignatcd law official in thc manncr and subjcct to thc rcquircmcnts of TMC Scction 0.20.120 is authorizcd to issue cicctric vchicic parking infractions. 77 In addition to a finc, a vchicic Icft parkcd or standing in violation of TMC Scction 0.28.037, upon a publicly acccssiblc cicctric vchicic charging spacc that is appropriatcly markcd and postcd, is subjcct to bcing rcmovcd from thc charging spacc by any commissioncd policc officcr or Tukwila Policc Dcpartmcnt voluntccr authorizcd by thc Policc Chicf or othcr dcsignatcd law official in thc manncr and subjcct to thc rcquircmcnts of TMC Scction 0.20.120. "m 2494 §116 076o (fir 624 §11, 2011) Produced by the City of Tukwila, City Clerk's Office Page 9-10 Return to Titl+ Return to Ch. 9.28 TITLE 9 — VEHICLES AND TRAFFIC 9.28.038 It is unlawful for any person operating a motor vchicic on thc roadways of thc City, upon approaching or I aving an intcrscction, to procccd acrof any public or privatc property in such a way as to avoid thc intcrscction or any traffic control dcvicc controlling the intcrscction, unlcss so dircctcd by lawful authority. (h° . 2726 2, 20 ',"t 9484.40 Penalty With thc cxccption of TMC Scction 0.28.037, violation of any of thc provisions of this chaptcr constitutcs a civil infraction not to cxcccd $200 per day per violation. Violation of TMC Scction 0.28.037 constitutcs a parking infraction punishablc by monctary pcnaltics in accordancc with thc tablc sct forth in TMC Scction 0.20.120.A and/or impoundmcnt. ((f . 2'70 °.I tic 2023;o (a°a. ' °I?I °I§1 0 20 **;o Or 7794 p /par0., 7997) C OH A RITE II ,. 9 3 Geetienei 0.30.010 Compression Brakcs Prohibitcd 0.30.020 Signposting 0.30.030 Violation Pcnalty 9.30.010 A No person shall usc motor vchicic brakcs, which arc in any way activatcd or operatcd by thc comprcssion of thc cnginc of any such motor vchicic or any unit or part thcrcof. Thc usc of comprcssion brakcs applicd in an cmcrgcncy ctopping situation, ncccssary for thc protcction of persons and/or property, shall not be dccmcd a violation of this chaptcr. C. Emcrgcncy vchicics arc not subjcct to thc rcgulations of this chaptcr. (Of 2047 7 (p °t 0 2'004) 9.30.020 Sigepeeting Thc Public Works Dcpartmcnt is authorizcd to post and maintain appropriatc signagc consistcnt with thc provisions of this chaptcr. 2011 §1 (lava°t 200 "I) 9.30.030 Violations of TMC Chaptcr 0.30 arc civil infractions punishablc by a pcnalty of not morc than $300.00. (0,"a . 2'(W47 7 /la a "t 2'0O4 Produced by the City of Tukwila, City Clerk's Office Page 9-11 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC Seetionsi 0.32.010 0.32.020 0.32.030 0.32.060 0.32.070 9.32.080 0.32.000 0.32.100 0.32.110 0.32.120 0.32.200 C OH All FIE II ,. 9 32 I O°T'O OR. VIE IIHI IIII C Ilt_IIE S Dcfinitions Authority to impound vchicics on thc highway Noticcs to owncrs rcquircd Stolcn and abandoncd vchicics Rcports of noticc Disposition Owncr of rccord presumcd liablc for costs whole} vchicic abandoncd Exccptions Owncr or agcnt rcquircd to pay chargcs Lion impounding not to prcvcnt prosccution Contract with rcgistcrcd disposcr to disposc of vchicics and hulks Compliancc rcquircd Unlawful to abandon junk motor vchicic) Abandoning vchicics unlawful Pcnaltics 0.32.010 Definitions For thc purposcs of this chaptcr thc following words shall havc thc following m anings: 4- "Abandoncd vchicic" moans any vchicic ei automobilc hulk Icft within thc right of way of any highway or on thc owncr of such property for a period of 24 hours or longcr; providcd, that a vchicic or hulk shall not bc considcrcd abandoncd if it is lawfully parkcd for a period not cxcccding 72 hours; providcd furthcr, that a vchicic or hulk shall not bc considcrcd abandoncd if its owncr or operator is unablc to rcmovc it from thc placc whcrc it is locatcd and so notifics law cnforccmcnt officials and rcqucsto assistancc. 27 "/Ibandoncd junk motor vchicic" moans any motor vchicic substantially mccting thc following rcquircmcnts: a. Lcft on privatc property for morc than 24 hours without thc permission of thc person having right to thc posscssion of thc property, or on a public strcct or othcr property opcn to the public for purposcs of vchicular travcl or parking, or upon or within thc right of way of any road or highway for 24 hours or longcr; b. Extcnsivcly damagcd, such damagc including but not limitcd to any of thc following: a brokcn window or windshicld, misting whccls, tires, motor or transmission; c. Apparcntly inoperablc; d. Without a valid, currcnt rcgistration platc; c. Having a fair markct valuc cquivalcnt to thc scrap thcrcin, only. "/lutomobilc hulk" means any portion or portions of a motor vchicic which is inoperativc and cannot bc madc mcchanically operativc without additional vital parts and a substantial amount of labor. 47 "Dcpartmcnt" mcian3 the Washington &ate Dcpartmcnt of Liccnsing. 67 "Director" moans thc dircctor of thc Dcpartmcnt of Liccnsing or his dcsigncc. 67 "Policc Chicf" mooans thc Tukwila Policc Chicf or his dcsigncc. 370 p (p o 1985) 9.32.020 highwal Mcmbcrs of thc Policc Dcpartmcnt arc authorizcd to rcmovc and impound vchicics found on thc highway, by m ans of towing, undcr any of thc following circumstanccs: 4- Whcn any vchicic is Icft unattcndcd upon any bridgc, viaduct, or causcway, or in any tunncl whcrc such vchicic constitutcs an obstruction to traffic; 27 Whcn any vchicic upon a highway, including tunncls, bridgcs or approachcs, is so disablcd as to constitutc an obstruction to traffic or whcn thc person or persons in chargc of thc vchicic arc incapacitatcd to such an cxtcnt as to bc unablc to providc for its custody or rcmoval and thcrc is no othcr person prcscnt who may properly act as agcnt for such operator in the carc of his vchicic; 3 Whcn any vchicic is Icft unattcndcd upon a highway and is so parkcd illcgally as to constitutc a hazard or obstruction to thc normal movcmcnt of traffic; 47 Whcn any vchicic operating on a highway is found to bc dcfcctivc in cquipmcnt in such a manncr that it may be considcrcd unsafc; 57 Whcn any vchicic is found in a tow away zonc; 87 Whcn thc operator of any vchicic is arrcstcd and placcd in custody and is not in condition to drivc, and thc vchicic is not in a placc of safcty and thcrc is no othcr person prcscnt who may properly act as agcnt for such operator to drivc thc vchicic to a placc of safcty; and Whcn any abandoncd vchicic or abandoncd junk motor vchicic is found on a highway. 87 Whcn a vchicic is parkcd upon an cicvatcd sidcwalk or upon a dcsignatcd (by traffic paint dclinoation) walkway and is obstructing said sidcwalk or walkway, causing any pcdcstrian traffic to bc forccd to movc around it into a vchicic Ianc of travcl. & Whcn a vchicic is parkcd within 5 fcct of a drivcway and causing a lint of sight of oncoming traffic obstruction for vchicics attcmptcd to cntcr thc roadway from that drivcway. 270 , 20 ',"#o Or .2494 §20,2016; °a . 1502 A 1989; Or . 137 17 (part), 1985) Produced by the City of Tukwila, City Clerk's Office Page 9-12 Return to Titl+ Return to Ch. 9.32 TITLE 9 — VEHICLES AND TRAFFIC 9.32.030 >4 Prior to rcmoval and impoundmcnt of a vchicic, ao authorizcd in TMC 0.32.020, an officcr shall makc a roasonablc cffort to asccrtain thc namc and addrecc of thc owncr of such vchicic and to notify said owncr of thc officcr's intcnt to impound such vchicic unlcss thc vchicic is immcdiatcly rcmovcd from its illcgal location. 127 Whcncvcr an officcr rcmovcs and impounds a vchicic from a highway as authorizcd in TMC 9.32.020, hc shall as coon as practicablc givc or causc noticc to bc givcn in writing to the owncr of such vchicic, if any rccord cxists of thc rcgistcrcd or Icgal owncr in thc rccords of thc authority last liccncing such vchicic, of thc fact of such rcmoval and thc rcasons thcrcfor, and of thc placc to which such vchicic has bccn rcmovcd. In thc cvcnt any such vchicic is storcd in a public garagc, a copy of such noticc shall be givcn to thc proprictor of such garagc. C. Whcncvcr an officcr docs not know and is not ablc to asccrtain thc namc of thc owncr, or for any othcr r ason is unablc to givc noticc to thc owncr as sct forth abovc, and in cvcnt the vchicic is not rcturncd to thc owncr within a period of thrcc days, thc officcr shall immcdiatcly scnd or causc to bc scnt a writtcn rcport of such rcmoval by mail to thc dcpartmcnt and shall filc a copy of such noticc with thc proprictor of any garagc in which the vchicic may bc storcd. Such noticc shall includc a complctc dcocription of thc vchicic, thc datc, timc and placc from which rcmovcd, thc rcasons for such rcmoval, and thc namc of thc garagc or placc whcrc thc vchicic is storcd. (ter°a . 1502 §2 1989; Or . 137O 7 (par I 1985) 7.8c It shall bc thc duty of thc Chicf of Policc to rcport immcdiatcly to thc chicf of thc Washington Statc Patrol all motor vchicics rcportcd to him as stolcn or rccovcrcd, upon forms to be providcd by thc chicf of thc Washington Statc Patrol. 127 In thc cvcnt that any motor vchicic rcportcd as stolcn has bccn rccovcrcd, thc person so rcporting thc samc as stolcn shall bc guilty of a miodcmcoanor unlcsc hc shall rcport thc rccovcry thcrcof to thc Chicf of Policc to whom such motor vchicic was rcportcd stolcn. C. It shall bc thc duty of thc Chicf of Policc to rcport to the chicf of thc Washington Statc Patrol all vchicics or automobilo hulks found abandoncd on a highway or at any othcr placc and thc samc shall at thc dircction of a law cnforccmcnt officcr, be placcd in thc custody of a rcgistcrcd disposcr. t r°d. 1370 §1 (p r°t);o 198512 >ac Thc abandonmcnt of any vchicic or automobilc hulk shall constitutc a prima facic presumption that thc last owncr of rccord is rcsponsiblc for such abandonmcnt and thus liablc for any costs incurrcd in rcmoving, storing and disposing of any abandoncd vchicic. 27 A rcgistcrcd owncr transfcrring a vchicic shall bc rclicvcd from personal liability undcr this chaptcr if within fivc days of the transfcr hc transmits to thc dcpartmcnt a scllcr's rcport of salc on a form prcscribcd by thc dircctor. ri 37O p {part), 198 ) 9.32.080 Lies >ac Any costs incurrcd in thc rcmoval and storagc of an impoundcd vchicic shall bc a licn upon thc vchicic. All towing and storagc chargcs on such vchicic impoundcd shall bc paid by the owncr or his agcnt if thc vchicic is rcdccmcd. In thc casc of abandoncd vchicics, all costs of rcmoval and storagc shall bc paid by thc owncr or his agcnt if thc vchicic is rcdccmcd, but if not rcdccmcd, such costs shall bc rcccivcd from thc procccds of salc. • Eithcr a rcgistcrcd or Icgal owncr may claim an impoundcd vchicic by paymcnt of all chargcs that havc accrue} to thc timc of rcclamation. If thc vchicic was impoundcd at the dircction of a law cnforccmcnt agcncy, thc person in posscssion of thc vchicic prior to thc timc of rcclamation shall notify such agcncy of thc fact that thc vchicic has bccn claimcd, and by whom. (Or ° . 1370 p {parr), 1985) 9.32.090 Thc impounding of a vchicic shall not prccludc charging the violator with any violation of thc law on account of which such vchicic was impoundcd. (Or°d. 737O §1 (pa, 0, 198" ) Produced by the City of Tukwila, City Clerk's Office Page 9-13 Return to Titl+ Return to Ch. 9.32 TITLE 9 — VEHICLES AND TRAFFIC The City may contract with any tow truck operator who is cngagcd in rcmoving and storing of vchicics and who is rcgistcrcd as a rcgistcrcd disposcr of ccrtain automobilc hulks, abandoncd junk motor vchicics and abandoncd vchicics. B, Any rcgistcrcd disposcr undcr contract to thc City for the rcmoving and storing of vchicics or hulks shall comply with the administrativc rcgulations relative to thc handling and disposing of vchicics or hulks as may bc promulgated by thc Policc Chicf or thc director. (Or 1370 (par°,), 985) 9.32.110 7k No person shall willfully Iciavc an automobilc hulk and/or abandoncd vchicic on privatc property for morc than 24 hour° without thc permission of thc person having thc right to possession of thc property, or upon or within thc right of way of any highway or othcr property opcn to thc public for purposcs of vchicular travcl or parking for 24 hours or Iongcr without notification to thc Chicf of Policc of thc reasons for leaving thc motor vchicic in such a placc. B, For thc purposcs of this scction, thc fact that a motor vchicic has bccn Icft without permission or notification is prima facic cvidcncc of abandonment. Any person convictcd of abandoning a junk motor vchicic shall bc assessed any costs incurred by thc City in disposing of such abandoncd junk motor vchicic Icss any moneys accrucd to thc City from such disposal. ° . 1370 7 (part), 1985) 9.32.120 No person shall Iciavc or permit a vchicic to rcmain on private property without thc permission of thc owncr Iongcr than 24 hours. 1370 7 (part), 1985) 9.32.200 PcnaItico Any violation of any provision, or failure to comply with any of thc requirements of this chaptcr, shall bc subject to cnforccmcnt and penalties as prcscribcd in TMC Chaptcr 8.45 and the issuance of a Noticc of Violation in accordancc with TMC Scction 8.45.070. (Olt 25.°I?I 76o 2'077;; ((a°, 7838 6.., 7998; 0 1370 7 (part).., 1985). C OH A FIE IIF ,. 9 3 OP IE RATION OF OM O°T'OR..IIIZ E OD FOOT SCE, O°T'lIEIRS, POCKET BOO III IIIS AN ID IE PA IM1 Ilf'DS Sectionsi 0.34.010 0.34.020 0.34.030 0.34.040 9.34.059 0.34.060 Dcfinitiono Pockct Bikc3 Dlcctric Personal Assistivc Mobility Dcvicc f[PAMD) Motorized Foot Scooters Responsibility Violation and Penalties 944440 Betio' Moos For thc purposcs of TMC Chaptcr 9.34, thc following dcfinitions shall apply: 4 "EPAMD" is an cicctric, personal assistivc mobility dcvicc, which is a self balancing dcvicc with two whccls not in tandem, dcsigncd to transport only onc person by an cicctric propulsion systcm with an avcragc powcr of 750 watts (onc horscpowcr), having a maximum speed on a pavcd surface of Iccc than 20 miles per hour (mph), whcn powcrcd solely by such a propulsion systcm. 2 "Motorized foot scootcr" means a dcvicc with no morc than two 10 inch or smallcr diamctcr whccls, that has handlebars, is dcsigncd to bc stood or sat upon by thc operator, and is powcrcd by an intcrnal combustion cnginc or cicctric motor that is capablc of propclling thc dcvicc with or without human propulsion. A motor drivcn cycic, a mopcd, an cicctric accistcd bicycic or a motorcycic is not a motorizcd foot scootcr. "Pockct bikc" (also known ao miniaturc motorcycle, miniaturc chopper or sports racer) is a low profilc motorized vchicic 30" or Icss in hcight, wcighing undcr 125 pounds, with 10" or smallcr whccls, cithcr cicctric powcrcd or having an engine displacement of 49cc's or fewer. 'Ord 2'(W55 7 (par.0,o .200 " ) 944420 Pocket -Bikes >4 Pockct bikes arc prohibitcd from operation on any street, road or byway publicly maintaincd and opcn to thc public for vchicular travcl in thc City of Tukwila. Pockct bikcs may not bc legally operatcd on sidcwalks, dike lanes, trails or any placc prohibiting thc use of motorized vchicics. C. This scction applics to pockct bikcs and any similar motor vchicic with a low profilc but of a slightly diffcrcnt size. ((r°a . 065 7 (part), 200 ) Produced by the City of Tukwila, City Clerk's Office Page 9-14 Return to Titl+ Return to Ch. 9.34 TITLE 9 — VEHICLES AND TRAFFIC 9,3.443.0 EPAMDs may bc operatcd on roads and road shouldcrs whcrc thc spccd limits arc 25 mph or Icss, and on bicycic lanes, cidcwalks and alleys. Thcy arc prohibitcd in City parks, and on multiplc usc trails within thc City. 27 A person operating an LPAMD shall obcy all spccd limits and shall yicld thc right of way to pcdcstrians and human powered dcviccs at all times. An operator must also givc art audiblc signal bcforc ovcrtaking and passing a pcdcstrian. f crsons operating an LPAMD havc all thc rights and dutics of a pcdcstrian, though thcy must follow rules of thc road when travcling on thc roadway. C. It is unlawful to operatc an LPAMD in a ncgligcnt or unsafc manncr. Thcy shall bc operatcd with r asonablc rcgard for thc safcty of thc operator and othcr persons. Examplcs of operating in a ncgligcnt manncr includc, but arc not limitcd to, failurc to obcy all traffic control dcviccs, or failurc to yicld right of way to pcdcstrians and/or vchicular traffic. D. EPAMDs on roadways should ridc as close as practicablc to thc right side of thc road. E DPAMD operators should dismount thcir dcvicc on the right sidc of thc road and cross thc road at an intcrscction as a pcdcstrian would if making a Icft hand turn. F No LPAMD shall bc operatcd bctwccn thc times of cunsct and sunrisc, unlcss operatcd as a mobility assistant for a disablcd occupant, in which sass lights and rcflcctors must be properly installcd per RCW 46.04. C. No LPAMD shall bc operatcd with any passcngcrs in addition to thc operator. H. All operators of LPAMDs shall follow State law as found in RCW 46.61.710, detailing that thcy havc thc rights and dutics of a pcdcstrian unlcss othcrwisc rcgulatcd in this section. Or°a . '0 (part), 00 ) 9,3.4440 A GENERAL REQUIREMENTS: 4- Exccpt as otherwise prohibitcd in TMC Chaptcr 0.34, motor scootcrs may bc operatcd on roads and road shouldcrs whcrc thc spccd limits arc 25 mph or Icss. 2 Evefy internal combustion cnginc driven feet ccootcr shall at all times bc cquippcd with a mufflcr in good working ordcr and in constant operation to prcvcnt cxccssivc or unusual noise. The usc of a cutout, bypass, or similar mufflcr climination dcvicc is prohibitcd on any motorizcd foot scootcr. 4 Motorized foot scootcrs shall bc cquippcd with a kill (dcadman's) switch, in such a manncr that thc drivc motor is cngagcd through a switch, Icvcr or othcr mcchanism that, when released, will causc thc drivc motor to discngagc or c asc to function. 67 It is unlawful to operatc on a public roadway or on public property with a motorizcd foot scootcr that has had factory installcd brakcs rcmovcd or altcrcd to thc extent that thc braking dcvicc is incffcctivc. Brakcs on motorizcd foot scootcrs must cnablc thc operator to makc thc brakcd whccls skid on dry, Icvcl and clean pavcmcnt. • Handlebars on a motorizcd foot scootcr must not cxcccd thc shouldcrs of thc operator. • {Noise Restrictions: a. Motorizcd foot scootcrs must comply with the provisions in TMC Chaptcr 8.22.110, "Public Disturbancc Noiscs." b. No motorizcd foot scootcr shall cmit frcqucnt, repetitive or continuous sounding of any horn or sircn, cxccpt as a warning of dangcr or as specifically permittcd or rcquircd by law. c. No motorizcd foot scootcr shall bc operatcd in cuch a manncr that results in scrccching or othcr sounds from scootcr tires coming in contact with thc ground or pavcmcnt bccausc of rapid acccicration, braking or cxccssivc spccd around corncrs or bccausc of such othcr r ason not conncctcd with avoiding dangcr. 127 REQUIREMENTS FOR OPERATION: 4- It is unlawful to operatc a motorizcd foot scootcr in a ncgligcnt or unsafc manncr. Thcy shall bc operatcd with reasonable rcgard for thc safcty of thc operator and othcr persons. Examplcs of operating in a ncgligcnt manncr includc, but arc not limitcd to, failurc to obcy all traffic control dcviccs, or failurc to yicld right of way to pcdcstrians and/or vchicular traffic. 2 No motorizcd foot scootcr shall bc operatcd without thc operator wearing a properly fittcd and fastcncd hclmct, that moots or cxcccds safcty standards adoptcd by Standard Z 00.4 cct by thc American National Standards Institute (ANSI). 37 No person operating a motorizcd foot scootcr shall tow or pull anothcr person bchind such dcvicc. In thc event that a person is pullcd or towcd bchind a motorizcd foot scootcr, the person operating thc scootcr and thc person bcing towcd or pullcd arc both in violation of TMC Chaptcr 0.34. 47 No person may operatc a motorizcd foot scootcr on a public byway unlcsc such person is 16 years or older. 57 Any person operating a motorizcd foot scootcr shall obcy all rules of thc road applicablc to vchicic or pcdcstrian traffic, as well as thc instructions of official traffic control signals, signs and othcr control dcviccs applicablc to vchicics, unlcss otherwise dircctcd by a policc officer. 6- It shall bc unlawful to operatc a motorizcd foot ccootcr othcr than as close as practicablc to thc right hand curb or right cdgc of thc roadway. • Whcn prcparing for a Icft turn, thc motorizcd foot ccootcr operator shall stop and dismount as close as practicablc to thc right hand curb or right cdgc of thc roadway and complete thc turn by crossing thc roadway on foot, subject to thc restrictions placed on pcdcstrians in RCW Chaptcr 46.61. 87 No motorizcd foot scootcr shall bc operatcd with any passcngcrs in addition to thc operator. & No motorizcd foot scootcr shall bc operatcd bctwccn thc times of sunsct and sunrisc. Produced by the City of Tukwila, City Clerk's Office Page 9-15 Return to Titl+ Return to Ch. 9.34 TITLE 9 - VEHICLES AND TRAFFIC 10. Prohibitcd Areas. It is unlawful for any porson to operatc or ridc upon a motorizcd foot scootcr or similar dcvicc in any of thc following areas: a. Parks, including thcir sidcwalks, parking lots, ctrccts, paths, trails and similar travcl ways. b. Multi use trails, including all City and rcgional rocrcational trails in thc City. c. Sidcwalks within thc City limits. d. Parking lots of any municipal facility. c. Roads with spccds ovcr 25 mph. C. APPLICATION TO OTHER DEVICES: Thc provisions of TMC Chaptcr 9.34 rcgarding motorizcd foot scootcrs apply to any dcvicc that: Matchcs thc dcfinition of a motorizcd foot scootcr, cxccpt for thc numbcr or sizc of thc dcvicc's whccls; and 2 Cannot bc dcfincd as: a. A vchicic Icgally rcgistcrcd by thc Washington Dcpartmcnt of Vchicic Liccnsing as a motorcycic or mopcd. b. An cicctric assistcd bicycic. (OW, 2065 §1 (p o3), 200 °It No person shall perform any act forbiddcn by TMC Chaptcr 9.34 nor fail to perform any act rcquircd in TMC Chaptcr 9.34. It is unlawful for any parcnt, guardian or othcr porson having control or custody of a minor child to allow said minor to operatc a motorize} foot scootcr, pockct bikc, or LPAMD in violation of TMC Chaptcr 9.34. Or .20IIII §1 (part), 200 ) Thc City of Tukwila Policc Dcpartmcnt personncl shall be rcsponsiblc for cnforcing thc provisions of TMC Chaptcr 9.34. 137 Upon dctcrmining a violation of TMC Chaptcr 9.34 has occurrcd, law cnforccmcnt officcrs may, at thcir discrction, issuc a civil infraction in thc amounts spccificd in TMC 0.34.060.0 to any person including a parcnt or guardian violating any of the provisions of TMC Chaptcr 9.34. C. Thc following monctary pcnaltics shall apply: 47 First offcnsc - $40. 2 Sccond offcnsc - $80. 3 Third and futurc offcnscs - $250 clach. I r 2065 §1 (part), 0044 CI OH AIIP°TIE II ,. 9 38 Seetionsi 0.38.010 f cnalty dcsignatcd 0.38.020 Ccrtain pcnaltics to bc consistcnt with Statc law 9.38.010 Unlcsc anothcr pcnalty is cxprescly providcd by law, cvcry person convictcd of a violation of any provision of this titic shall be punishcd by a finc not to cxcccd $5,000, or imprisonmcnt in jail for a tcrm not cxcccding one your, or by both finc and imprisonmcnt. (Ord, 13' 7O §1 (part), 1985 9.38.020 law All motor vchicic or traffic violations prohibitcd by this titic, and which arc dcscribcd by Statc statutcs adoptcd by rcfcrcncc in this titic, arc punishablc as criminal offcnscs or as motor vchicic civil infractions in a manncr consistcnt with Chaptcrs 20, 61, 63 and 61 of Titic 46 of thc Rcviscd Codc of Washington, and othcr Statc statutcs proscribing punishmcnt or pcnalty. Or . 1370 §1 '(I "Wlo III5� Produced by the City of Tukwila, City Clerk's Office Page 9-16 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC C OH A FIE E II ,. 9 Sectionsi 0.44.010 Purposc 0.44.020 Dcfinitions 0.44.030 CTR Coals 0.44.040 0.44.050 Applicability 0.44.060 Rcquircmcnts for Employcrs 0.44.070 Rccord Kccping 0.44.080 Schcdulc and Proccsc for CTR Rcports 0.44.090 Enforccmcnt 0.44.100 Dxcmptions and Coal Modifications 0.44.110 Appclals Thc purposc of TMC Chaptcr 9.44 is to improvc air q , rcducc tFaffie congcstion, minimizc cncrgy consumption. Thcsc rcgulations arc prcparcd to comply with RCW 70.04.521, by rcquiring cmploycr bascd programs that cncouragc cmployccs to find altcrnativcs to drivc alonc commuting, with collaboration bctwccn thc City of Tukwila and affcctcd cmploycrs. 137 Thc Commutc Trip Rcduction Plan for the City of Tukwila, as rcquircd by RCW 70.04.527, is hcrcby adoptcd by rcfcrcncc hcrcto as it appciars in Attachmcnt A, or as hcrcto amcndcd by ordinancc of thc City Council. (Of 220 (paa t), 2''0081 9,44420 Definitions For thc purposc of this ordinancc, thc following dcfinitions chall apply in thc intcrprctation and cnforccmcnt of this ordinancc: "/Iffcctcd Employcc" means a full timc cmploycc who bcgins his or her rcgular workday at a singlc worksitc bctwccn 6:00 and 9:OOAM (inclusivc) on two or morc wcckdays for at Iciast 12 continuous months. Sciasonal, agricultural cmployccs, including s asonal cmployccs of proccssors of agricultural products, arc cxcludcd from thc count of affcctcd cmployccs. 2 "/Iffcctcd Employcr" moans an cmploycr that cmploys 100 or morc full timc cmployccs at a singlc worksitc who arc schcdulcd to bcgin thcir rcgular workday bctwccn 6:00 and 9:OOAM (inclusivc) on two or morc wcckdays for at Iciast 12 continuous months. Construction worksitcs, whcn thc cxpcctcd duration of thc construction is Icss than two years, arc cxcludcd from this dcfinition. 37 "/Iltcrnativc Modc" means any moans of commutc transportation othcr than that in which thc singlc occupant motor vchicic is thc dominant modc, including tciccommuting and comprcsscd work wccks, if thcy result in rcducing commutc trips. 4: "/lltcrnativc Work Schcdulcs"means programs such as compresccd work wccks that climinatc work trips for affcctcd cmployccs. • "Basc Year" means thc 12 month period that commcnccs whcn a major cmploycr is dctcrmincd by thc local jurisdiction to bc participating within thc local CTR program. Thc City of Tukwila uscs this 12 month period as thc basis upon which it dcvclops local commutc trip rcduction goals. • "Basc Year Survcy" or "Basclinc Measurcmcnt" m ans thc survcy, during thc basc yciar, of cmployccs at a major cmploycr worksitc to dctcrminc thc drivc alonc ratc and vchicic milcs travcicd per cmploycc at thc worksitc. Thc jurisdiction uscs this mclasurcmcnt to dcvclop commutc trip rcduction goals for thc major cmploycr. Thc basclinc m asurcmcnt must bc implcmcntcd in a manncr that mccts thc rcquircmcnts spccificd by thc City of Tukwila. • "Carpool" means a motor vchicic, occupicd by two to cix pcoplc travcling togcthcr for thcir commutc trip, resulting in thc rcduction of a minimum of onc motor vchicic commutc trip. 87 "Commutc Trips" means trips madc from a workcr's homc to a worksitc (inclusivc) on wcckdays. & "CTR Plan" moans thc City of Tukwila's plan and ordinancc to rcgulatc and administcr thc CTR programs of affcctcd cmploycrs within its jurisdiction. 10. "CTR Program" moans an cmploycr's stratcgics to rcducc cmployccs' drivc alonc commutcs and vchicic milcs travcicd (VMT) per cmploycc. 11. "Compresscd Work Wcck" moans an altcrnativc work schcdulc, in accordancc with cmploycr policy, that rcgularly allows a full timc cmploycc to climinatc at Iciast onc work day cvcry two wccks by working Iongcr hours during thc rcmaining days, resulting in fcwcr commutc trips by thc cmploycc. This dcfinition is primarily intcndcd to includc wcckly and bi wcckly arrangcmcnts, thc most typical bcing four 10 hour days or 80 hours in ninc days, but may also includc othcr arrangcmcnts. 12. "Custom Bus/Buspool" means a commutcr bus ccrvicc arrangcd spccifically to transport cmployccs to work. 13. "Dominant Modc" means thc modc of travcl uscd for thc grciatcst distancc of a commutc trip. 14. "Drivc /Ilonc" moans a motor vchicic occupicd by onc cmploycc for commutc purposcs, including a motorcycic. 15. "Drivc /Ilonc Trips" moans commutc trips madc by affcctcd cmployccs in singlc occupant vchicics. 16. "Employcc" means anyonc who rcccivcs financial or othcr rcmuncration in cxchangc for work providcd to an cmploycr, including owncrs or partncr of thc cmploycr. 17. "Employcc Transportation Coordinator fE—T-C)' means a person who is dcsignatcd as rcsponsiblc for thc dcvclopmcnt, implcmcntation and monitoring of an cmploycr's CTR program. 18. "Employcr" means a colc proprictorship, partncrship, corporation, unincorporatcd association, cooperativc, joint vcnturc, agcncy, dcpartmcnt, district, or othcr individual or cntity, whcthcr public, non profit or privatc, that cmploys workcrs. 19. "Excmption" moans a waivcr from any or all CTR program rcquircmcnts grantcd to an cmploycr by a city, bascd on unique conditions that apply to the employer or employment site. Produced by the City of Tukwila, City Clerk's Office Page 9-17 Return to Titl+ Return to Ch. 9.44 TITLE 9 — VEHICLES AND TRAFFIC 20. "Flcx Timc" is an cmploycr policy that providcs work cchcdulcs allowing individual cmployccs flcxibility in choosing the ctart and cnd timc, but not thc numbcr of thcir working hours. 21. "Full Timc Employcc" means a person, othcr than an indcpcndcnt contractor, cchcdulcd to bc cmploycd on a continuous basis for 52 wccks for an avcragc of at (oast 35 hours per wcck. 22. "Good Faith Effort" means that an cmploycr has mct thc minimum rcquircmcnts idcntificd in RCW 70.04.531 and this ordinancc, and is working collaborativcly with thc City of Tukwila to continuo its cxisting CTR program or is dcvcloping and implcmcnting program modifications t kely to resek improvcmcnts to its CTR program ovcr an agrccd upon Icngth of timc. 23. "Implcmcntation" moans activc pursuit by an cmploycr of thc CTR goals of RCW 70.04.521 555 and this ordinancc, as cvidcnccd by appointmcnt of an ETC, distribution of information to cmployccs rcgarding altcrnativcs to drivc alone commuting, and commcnccmcnt of othcr measures according to its approvcd CTR program and cchcdulc. 24. "Major Employcr" moans a privatc or public cmploycr, including statc agcncics, that cmploys 100 or morc full timc cmployccs at a singlc worksitc who bcgin thcir rcgular workday bctwccn 6:00 and 0:00 ,m on wcckdays for at I ast 12 continuous months during thc yoar. 25. "Major Employcr Worksitc" or "Affcctcd Employcr Worksitc" or "worksitc" mooans thc physical location occupicd by a major cmploycr, as dctcrmincd by thc local jurisdiction. 26. "Major Employmcnt Installation" means a military bass or fcdcral rescrvation, or othcr facilitics as dcsignatcd by thc City of Tukwila, at which thcrc arc 100 or morc full timc cmployccs who bcgin thcir rcgular workday bctwccn 6:00 and 0:00 Am ea wcckdays for at I ast 12 continuous months during thc y ar. 27. "Modc" is thc moans of transportation or altcrnatc mods uscd by cmployccs, such as singlc occupant motor vchicic, ridcsharc vchicic (carpool, vanpool), transit, fcrry, bicycic, walking, comprccccd work cchcdulc and tciccommuting. 28. "Noticc" means writtcn communication dclivcrcd via thc Unitcd States Postal Scrvicc with rcccipt dccmcd acccptcd thrcc days following thc day on which thc noticc was dcpositcd with thc Postal Scrvicc, unlcss thc third day falls on a wcckcnd or icgal holiday, in which casc thc noticc is dccmcd acccptcd thc day aftcr thc wcckcnd or Icgal holiday. 20. "Peak Pcriod" moans thc hours bctwccn 6:00 and 943 Akt (inclusivc), Monday through Friday, cxccpt Icgal holidays. 30. "Peak Pcriod Trip" moans any cmploycc trip that dclivcrs thc cmploycc to bcgin his or her rcgular workday bctwccn 6:00 and 0:00 Am (inclusivc), Monday through Friday, cxccpt Icgal holidays. 31. "Proportion of Drivc Alonc Trips" or "Drivc Alonc Ratc" moans thc numbcr of commutc trips ovcr a set period made by affcctcd cmployccs in singlc occupancy vchicics, dividcd by thc numbcr of potcntial trips takcn by affcctcd cmployccs working during that period. 32. "Ridc Matching Scrvicc" m ans a systcm that ascicts in matching commutcrs for thc purpocc of commuting togcthcr. 33. "Tciccommuting" means thc use of tcicphoncs, computcrs, or othcr similar tcchnology to permit an cmploycc to work from homc, climinating a commutc trip, or to work from a work placc closcr to homc, rcducing thc distancc travcicd in a commutc trip by at Ioact half. 34. "Transit" moans e multiplc occupant vchicic operatcd on a for hirc, sharcd ridc basis, including bus, pacccngcr fcrry, rail, sharcd ridc taxi, shuttic bus, or vanpool. 35. "Transportation Dcmand Managcmcnt f )2 moans a broad rangc of stratcgics that arc primarily intcndcd to rcducc and rcchapc dcmand on thc transportation cyctcm. 36. "Transportation Managcmcnt Association (TMA)" moans a group of cmploycrs or an association rcprcscnting a group of cmploycrs in a dcfincd gcographic arc. A TMA may rcprcscnt cmploycrs within spccific city limits or may havc a cphcrc of influcncc that cxtcnds bcyond city limits. 37. "Urban Crowth Araa"mcians thc City of Tukwila in its cntircty. 38. "Vanpool" moans a vchicic occupicd by 4 to 15 pcoplc travcling togcthcr for thcir commutc trip, resulting in the rcduction of a minimum of one motor vchicic trip. 30. "Vchicic Milcs Travcicd (VMT) Pcr Employcc" m ans thc sum of thc individual vchicic commutc trip Icngths ir} milcs madc by cmployccs ovcr a sct period, dividcd by thc numbcr of cmployccs during that period. 10. "Wcck"m ans a scvcn day calcndar period starting on Monday and continuing through Sunday. 11. "Wcckday" moans any day of thc wool( cxccpt Saturday or Sunday. 12. "Writing," "Writtcn" or "In Writing" m ans original cigncd and datcd documcnts. Facsimilc (fax) transmissions arc a tcmporary noticc of action that must bc followcd by thc original cigncd and datcd documcnt via mail or dclivcry. OO 2201 (par°t);o 2008) 9,44430 CTR Coal Commutc Trip Rcduction Coals for thc Urban Crowth 4- Thc City of Tukwila's goals for rcductions in the proportions of drivc alone commutc trips and vchicic milc;� travcicd (VMT) per cmploycc by affcctcd cmploycrs in thc City arc hcrcby cstablishcd by rcfcrcncc to thc City of Tukwila's CTR plan. Thcsc goals cstablish thc dcsircd Icvcl of performancc for thc CTR program in its cntircty in thc City of Tukwila. Futurc adoptcd vcrsions of thc CTR plan may cstablish ncw goals for thc urban growth aroa and affcctcd cmploycrs. This ordinancc is not rcquircd to bc amcndcd in ordcr for thc ncw adoptcd goals to take cffcct. 27 Thc City of Tukwila will sct thc individual worksitc goals for affcctcd cmploycrs bascd on how thc worksitc can contributc to thc City's ovcrall goal for its urban growth aroa. Produced by the City of Tukwila, City Clerk's Office Page 9-18 Return to Titl+ Return to Ch. 9.44 TITLE 9 — VEHICLES AND TRAFFIC Commutc Trip Rcduction Coals for thc Urban Crowth Thc drivc alonc and VMT goals for affcctcd cmploycrs in thc City arc hcrcby cstablishcd as sct forth in the CTR plan. 2 If thc goals for an affcctcd cmploycr or ncwly affcctcd cmploycr arc not listcd in thc CTR plan, thcy shall be cstablishcd by Tukwila at a Icvcl dcsigncd to achicvc thc goals for thc urban growth arcs. Thc City shall providc writtcn notification of thc goals for each affcctcd cmploycr worksitc by cithcr incorporating thc information into thc rcsults of thc basclinc mcoacurcmcnt or subscqucnt curvcy mcoacurcmcnts, or providing thc information whcn thc City rcvicws thc cmploycr's proposcd CTR program. 37 Each affcctcd cmploycr is rcquircd to dcvclop and implcmcnt a CTR program that is dcsigncd to mcct thc affcctcd workcitc's ascigncd CTR goals. C. Rccognition for Commutc Trip Rcduction Efforts. As public rccognition for thcir cfforts, affcctcd cmploycrs who mcct or cxcccd thc CTR goals as sot forth in Scction 9.44.030.E will rcccivc a Commutc Trip Rcduction Ccrtificatc of L adcrship from thc City. ((°a . ' '(W , {part), 2''008 944440 Thc Mayor of thc City of Tukwila shall bc rcsponsiblc for implcmcnting this ordinancc, thc CTR plan, and thc City's CTR program, togcthcr with any authority ncccssary to carry out such rcsponsibilitics such as rulc making or ccrtain administrative dccisions. (Or°a . ' '(W , I aar°t). 2''008) 9447050 Applicability Ccncrally, thc provisions of this ordinancc shall apply to any affcctcd cmploycr within thc corporatc city limits of thc City of Tukwila. 12, Notification of Applicability. 47 In addition to thc City's cstablishcd public notification for adoption of an ordinancc, a noticc of availability of a summary of this ordinancc, a noticc of thc rcquircmcnts and critcria for affcctcd cmploycrs to comply with thc ordinancc, and subscqucnt rcvicions shall bc publichcd at least oncc in thc ncwopaper of rccord of thc City of Tukwila, not morc than 30 days aftcr passagc of this ordinancc or amcndmcnts. 2 Affcctcd cmploycrs locatcd in Tukwila arc to rcccivc writtcn notification that thcy arc subjcct to this ordinancc. Such noticc shall bc addrcsscd to thc company's 'hicf cxccutivc officcr, ccnior official, or ETC at thc worksitc. Such notification shall providc 90 days for thc affcctcd cmploycr to perform a basclinc mcasurcmcnt consistcnt with thc moasurcmcnt rcquircmcnts outlincd by WAC 468 63 050 or as dcfincd by thc City of Tukwila CTR Coordinator. 37 Affcctcd cmploycrs that, for whatcvcr r ason, do not rcccivc noticc within 30 days of passagc of thc ordinancc and arc cithcr notificd or idcntify thcmsclvcs to thc City within 90 days of thc passagc of thc ordinancc will bc grantcd an cxtcncion of up to 90 days within which to perform a basclinc mcasurcmcnt consistcnt with thc m asurcmcnt rcquircmcnts spccificd by the City. 47 Affcctcd cmploycrs that havc not bccn idcntificd or do not idcntify thcmsclvcs within 90 days of thc passagc of the ordinancc and do not perform a basclinc moasurcmcnt consistcnt with thc moasurcmcnt rcquircmcnts spccificd by thc City within 90 days from thc passagc of thc ordinancc arc in violation of this ordinancc. 57 if an affcctcd cmploycr has already performcd a basclinc moasurcmcnt, or an altcrnativc acccptablc to thc City undcr prcvious itcrations of this ordinancc, thc cmploycr is not rcquircd to perform anothcr basclinc mcaacurcmcnt. C. Ncwly Affcctcd Employcrs. Employcrs mccting thc dcfinition of "affcctcd cmploycr" in this ordinancc must idcntify thcmsclvcs to thc City within 90 days of cithcr moving into thc boundarics of Tukwila or growing in cmploymcnt at a worksitc to 100 or morc affcctcd cmployccs. Employcrs who do not idcntify thcmsclvcs within 90 days arc in violation of this ordinancc. 27 Ncwly affcctcd cmploycrs idcntificd as such shall be givcn 90 days to perform a basclinc m asurcmcnt consistcnt with thc mcasurcmcnt rcquircmcnts spccificd by thc City. Employcrs who do not perform a basclinc m asurcmcnt within 90 days of rccciving writtcn notification that thcy arc subjcct to this ordinancc arc in violation of this ordinancc. 37 Ncwly affcctcd cmploycrs idcntificd as such will also bc givcn 90 days to dcsignatc an ETC to work closcly with the City's CTR Coordinator to dcvclop, implcmcnt, and monitor ctratcgics and proccsccs to mcct dcfincd CTR goals for thcir cpccific job sitc. If for any reason thc ETC is displaccd from the position, a new Transportation Coordinator must bc dcsignatcd by thc cmploycr within 90 days. Employcrs who fail to dcsignatc an ETC within 90 days of bcing idcntificd as an affcctcd cmploycr, or in thc cvcnt of thc abscncc of a currcnt ETC position, arc in violation of this ordinancc. 47 Not morc than 90 days aftcr rccciving writtcn notification of thc rcsults of thc basclinc moasurcmcnt, thc ncwly affcctcd cmploycr shall dcvclop and submit a commutc trip rcduction program to thc City of Tukwila. The program shall be implcmcntcd not morc than 90 days aftcr approval by thc City. Employcrs who do not implcmcnt an approvcd commutc trip rcduction plan according to this cchcdulc arc in violation of this ordinancc. D. Changc in Status as an Affcctcd Employcr. Any of the following changcs in an cmploycr's status will changc the cmploycr's CTR program rcquircmcnts: 47 If an cmploycr initially dcsignatcd as an affcctcd cmploycr no longcr cmploys 100 or morc affcctcd cmployccs and cxpccts not to cmploy 100 or morc affcctcd cmployccs for thc ncxt 12 months, that cmploycr is no longcr an affcctcd cmploycr. It is thc responsibility of thc cmploycr to notify thc City that it is no longcr an affcctcd cmploycr. Produced by the City of Tukwila, City Clerk's Office Page 9-19 Return to Titl+ Return to Ch. 9.44 TITLE 9 - VEHICLES AND TRAFFIC 2 If thc samc cmploycr rcturns to thc Icvcl of 100 or morc affcctcd cmployccs within thc samc 12 months, that cmploycr will bc considered an affcctcd cmploycr for the entire 12 months and will bc subjcct to thc samc program rcquircmcnts as othcr affcctcd cmploycrs. 37 If thc samc cmploycr rcturns to thc Icvcl of 100 or morc affcctcd cmployccs 12 or morc months aftcr its changc in ctatus to an "unffcctcd" cmploycr, that cmploycr shall bc trctatcd as a ncwly affcctcd cmploycr and will bc subjcct to thc samc program rcquircmcnts as othcr ncwly affcctcd cmploycrs. '0 (par t. 2000 Compliance Rcquircd. An affcctcd cmploycr is rcquircd to make a good faith cffort, as dcfincd in RCW 70.04.534(2) and this ordinancc, to dcvclop and implcmcnt a CTR program that will cncouragc its cmployccs to rcducc VMT per cmploycc and drivc alone commutc trips. Thc cmploycr shall submit a dcscription of its program to thc City of Tukwila, and providc an annual progrcss rcport to thc City on cmploycc commuting and progrcss toward mccting thc drivc alonc rcduction goals. Thc CTR program must includc thc mandatory cicmcnts as dcscribcd in this scction. CTR Program Dcscription Rcquircmcnts. 47 The CTR program dcscription prcscnts tie ctratcgics to bc undertaken by an cmploycr to achicvc the commutc trip rcduction goals for each goal year. Employcrs arc cncouragcd to considcr innovativc stratcgics and combine program cicmcnts in a manncr that will bcst suit thcir location, site charactcristics, busincss typc, and cmployccs' c'mmuting needs. Employcrs arc furthcr cncouragcd to cooperatc with each othcr and to form or use transportation managcmcnt associations in dcvcloping and implcmcnting CTR programs. 2 At a minimum, thc cmploycr's CTR program dcscription must includc: a. a gcncral dcscription of thc employment site location, transportation characteristics, and surrounding services, including uniquc conditions cxpericnccd by thc cmploycr or its cmployccs; b. numbcr of cmployccs affcctcd by thc CTR program; c. documentation of compliancc with the mandatory CTR program cicmcnts (as dcscribcd in this scction); d. dcscription of thc additional cicmcnts includcd in thc CTR program (as dcscribcd in this scction); and c. a schedule of implcmcntation, ascignmcnt of rcsponsibilitics, erg commitment I:e isfeviieIe appropriate resources. C. Mandatory Program Elcmcnts. Each cmploycr's 'TR program shall includc thc following mandatory cicmcnts: Employes Transportation Coordinator. The cmploycr shall designate an ETC to administer thc CTR program. Thc ETC and/or dcsigncc's namc, location, and tcicphonc numbcr must bc displayed promincntly at each affcctcd worksitc. The ETC shall ovcrscc all cicmcnts of thc cmploycr's CTR program and act as liaison bctwccn thc cmploycr and thc City of Tukwila. Thc objective is to havc an cffcctivc Transportation Coordinator prcscncc at each worksitc; an affcctcd cmploycr with multiple citcs may havc onc ETC for all sites. Thc Transportation Coordinator must complctc thc basic ETC training coursc as providcd by King County within six months of assuming thc status of designated transportation coordinator, in ordcr to hclp cnsurc consistcnt knowlcdgc and undcrstanding of CTR laws, rulcs, and guidclincs statewide. 2 Information Distribution. Information about altcrnativcs to drivc alonc commuting shall bc providcd to cmployccs at least oncc a year. Each cmploycr's 'rogram dcscription and annual rcport must rcport thc information to be distributcd and thc method of distribution. Thc information distributed shall bc forwarded to thc City's CTR Coordinator upon distribution to cmployccs, to cnsurc a consistcnt marketing cicmcnt in promoting thc targeted and accomplishcd goals of the cmploycr's CTR program. 37 Rcgular Rcvicw. Thc CTR program must includc a rcgular rcvicw of cmploycc commuting and progrcss and good faith cfforts toward mccting thc drivc alonc rcduction goals. Affected cmploycrs shall filc a rcgular progrcss rcport with thc City of Tukwila in accordancc with thc format providcd by thc City. The rcport shall dcscribc each of thc CTR measures that wcrc in cffcct for thc previous year, thc results of any commutcr surveys tandcrtakcn during thc year, and thc numbcr of cmployccs participating in CTR programs. Within thc rcport, thc cmploycr should cvaluatc thc effectiveness of thc CTR program and, if necessary, proposc modifications to achicvc thc CTR goals. Survcy information or approvcd altcrnativc information must be providcd in thc reports. 47 Biennial Maasurcmcnt. In addition to thc baseline measurement, cmploycrs shall conduct a program cvaluation as a means of dctcrmining worksitc progrcss towo�,-meotmg-CTR goals. As part of thc program cvaluation, thc cmploycr shall distributc and collcct Commutc Trip Rcduction Program Employee Qucstionnaircs (surveys) every two years, and strivc to achicvc at least a 70% response ratc from cmployccs at thc worksitc. D. Additional Program Elcmcnts. In addition to thc specific program cicmcnts dcscribcd in this scction, thc cmploycr's 'TR program shall includc additional cicmcnts as nccdcd to mc�,�e+R goals. Elcmcnts may includc, but arc not limited to, onc or morc of thc following: 4- Provision of prcfcrcntial parking or rcduccd parking chargcs, or both, for high occupancy vchicics; 27 Instituting or increasing parking chargcs for drivc alonc commutcrs; 37 Provision of commutcr ridc matching services to facilitatc cmploycc ridc sharing for commutc trips; 47 Provision of subsidics for transit or vanpool fares and/or transit passcs; 67 Provision of subsidics for carpools or vanpools; 77 Provision of inccntivcs for cmployccs that do not drivc alone to work; Produced by the City of Tukwila, City Clerk's Office Page 9-20 Return to Titl+ Return to Ch. 9.44 TITLE 9 — VEHICLES AND TRAFFIC 8- Pcrmitting thc usc of thc cmploycr's 'chicics for carpooling or vanpooling; cmployccs' u'c of transit, carpools, or vanpools; 10. Cooperation with transportation providcrs to providc additional regular or cxprcss scrvicc to thc worksitc; 11. Construction of spccial loading and unloading facilitics for transit, carpool, and vanpool users; 12. Provision of bicycic parking facilitics, lockers, changing areas, and showers for cmployccs who bicycic or walk to work; 13. Provision of a program of parking inccntivcs such as a rebate for cmployccs who do not usc thc parking facilitics; 14. Establishmcnt of a program to permit cmployccs to work part time or full time at home or at an altcrnativc worksitc closer to thcir homes; 15. Establishmcnt of a program of altcrnativc work cchcdulcs, such as a comprcsscd work wcck, which rcduccs commuting; 16. Implcmcntation of othcr mctasures designed to facilitatc thc usc of high occupancy vchicics, such as on site daycarc facilitics and cmcrgcncy taxi scrviccs; 17. Charging cmployccs for parking, and/or the climination of frcc parking; 18. Intensive marketing campaigns through the distribution of informational ncwslcttcrs, cmails, brochures, or memos in a consistcnt manner. (Of °a . 2''2''0 i ( r°t). 2''008) 9,4447-0 Affected cmploycrs shall includc a list of thc rccords thcy wilR keep as part of thc CTR program as submittcd to thc City of Tukwila for approval. Employcrs will maintain all rccords listed in thcir CTR program for a minimum of 24 months. Thc City and the cmploycr shall agrcc on thc rccordkccping rcquircmcnts as part of thc acccptcd CTR program. (Or°d. 2''2''0(aw n° , 200g) 9,4448.0 CTR Program. Not more than 90 days aftcr thc adoption of this ordinancc, or within thrcc months aftcr an cmploycr qualifics undcr thc provisions of this ordinancc, thc cmploycr shall perform e basclinc moasurcmcnt consistcnt wita the mciasurcmcnt rcquircmcnts spccificd by thc City of Tukwila. Not more than 90 days aftcr rccciving writtcn notification of thc results of thc basclinc moasurcmcnt, thc ncwly affcctcd cmploycr shall dcvclop and submit a commutc trip rcduction program to thc City's CTR Coordinator. Thc program shall bc implemented not more than 90 days aftcr approval by thc CTR Coordinator. 27 Document Rcvicw. Thc City of Tukwila shall providc the cmploycr with writtcn notification if a CTR program is dccmcd unacceptable. Thc notification must givc causc for any rejection. If thc cmploycr rcccivcs no writtcn notification of cxtcnsion of the rcvicw period of its CTR program or commcnt on thc CTR program or annual rcport within 90 days of submission, thc cmploycr's 'rogram or annual rcport is dccmcd acccptcd. Thc City may cxtcnd thc rcvicw period up to an additional 90 days. The Implcmcntation datc for thc cmploycr's CTR program will be cxtcndcd an cquivalcnt numbcr of days. C. CTR Annual Progress Rcports. Upon rcvicw of eft cmploycr's 'nitial CTR program, thc City of Tukwila shall establish thc cmploycr's 'nnual rcporting date, which shall not bc Icss than 12 months from thc day thc program is submittcd. Each year on thc cmploycr's 'cporting date, thc cmploycr shall submit to thc City its annual CTR rcport. D. Modification of CTR Program Elcmcnts. Any affcctod cmploycr may submit a rcqucst to thc City of Tukwila for modification of CTR rcquircmcnts. Such rcqucst may bc grantcd if one of thc following conditions exist: 4- Thc cmploycr can dcmonstratc it would bc unable to comply with thc CTR program cicmcnts for r asons bcyond the control of thc cmploycr; or 27 Thc cmploycr can dcmonstratc that compliancc with thc program cicmcnts would constitutc an unduc hardship. Extcnsions. An cmploycr may rcqucst additional time to submit a CTR program or CTR annual progress rcport or to implement or modify a program. Such rcqucsts shall bc via writtcn noticc at Iciast 30 days bcforc thc duc datc for which thc cxtcnsion is bcing requested. Extcnsions not to cxcccd 90 days shall be considcrcd for rciasonablc causes. Thc City of Tukwila shall grant or dcny thc cmploycr's 'xtcnsion rcqucst by writtcn noticc within tcn working days of its rcccipt of thc cxtcnsion rcqucst. If thcrc is no response issued to thc cmploycr, an cxtcnsion is automatically grantcd for 30 days. Extcnsions shall not cxcmpt an cmploycr from any responsibility in meeting program goals. Extcnsions grantcd duc to delays or difficultics with any program cicmcnt(s) shall not bc causc for discontinuing or failing to implcmcnt othcr program cicmcnts. An cmploycr's annual rcporting datc shall not bc adjusted permancntly as a result of thcsc cxtcnsions. An cmploycr's annual rcporting datc may bc cxtcndcd at the discrction of thc City. Implcmcntation of Employer's CTR Program. Unlccc cxtcnsions arc grantcd, thc cmploycr shall implcmcnt its approved CTR program, including approvcd program modifications, not morc than 90 days aftcr rccciving writtcn noticc from thc City of Tukwila that thc program has bccn approvcd. Or°d. 2201 `( NO, 2000 9,44490 e n`^ c-eni n` A Compliance. For purposes of this section, compliance shall moan fully implcmcnting in good faith all provisions in an approvcd CTR program. 127 Program Modification Criteria. Thc following critcria for achicving goals for VMT per cmploycc and proportion of drivc alonc trips shall bc applied in dctcrmining rcquircmcnts for cmploycr CTR program modifications: 4- If an cmploycr mccts cithcr or both goals, the cmploycr has satisficd thc objectives of thc CTR plan and will not bc required to modify its CTR program. Produced by the City of Tukwila, City Clerk's Office Page 9-21 Return to Titl+ Return to Ch. 9.44 TITLE 9 — VEHICLES AND TRAFFIC 2 If an cmploycr makcs a good faith cffort, as dcfincd in RCW 70.04.534(2) and this ordinancc, but has not mct or is not iikcly to mcct thc applicablc drivc alonc or VMT goal, the City/County shall work collaborativcly with thc cmploycr to makc modifications to its CTR program. Aftcr agrccing on modifications, thc cmploycr shall submit a rcviscd CTR program dcscription to thc City/County for approval within 30 days of ruching agrccmcnt. 37 If an cmploycr fails to makc a good faith cffort as dcfincd in RCW 70.04.534(2) and this ordinancc, and fails to mcct thc applicablc drivc alonc or VMT rcduction goal, thc City of Tukwila shall work collaborativcly with thc cmploycr to idcntify modifications to thc CTR program, and shall dircct thc cmploycr to rcvisc its program within 30 days to incorporatc thc modifications. In rccponcc to thc rccommcndcd modifications, the cmploycr shall submit a rcviscd CTR program dcscription, including thc rcqucctcd modifications or cquivalcnt mclacures, within 30 days of rccciving writtcn noticc to rcvisc its program. The City shall rcvicw thc rcvisions and notify thc cmploycr of acccptancc or rcjcction of thc rcviscd program. If a rcviscd program is not acccptcd, thc City will scnd writtcn noticc to that cffcct to thc cmploycr within 30 days and, if ncccssary, rcquirc the cmploycr to attcnd a confcrcncc with program rcvicw staff for the purposc of roaching a conscnsus on thc rcquircd program. A final dccision on thc rcquircd program will bc issucd in writing by the City within tcn working days of thc confcrcncc. C. Violations. Thc following constitutc violations if the dcladlincs cctablichcd in this ordinancc arc not mot: • Failurc to perform a basclinc moasurcmcnt, including: a. Employcrs notificd or that havc idcntificd thcmsclvcs to thc City of Tukwila within 90 days of thc ordinancc bcing adoptcd and that do not perform a basclinc m asurcmcnt consistcnt with thc rcquircmcnts spccificd by thc City within 90 days from thc notification or sclf idcntification. b. Employcrs not idcntificd or sclf idcntificd within 90 days of thc ordinancc bcing adoptcd and that do not perform a basclinc mclacurcmcnt consistcnt with thc rcquircmcnts spccificd by thc City within 90 days from thc adoption of thc ordinancc. 2 Failurc to dcvclop and/or submit on timc a complctc CTR program. 37 Failurc to implcmcnt an approvcd CTR program, unlcss thc program cicmcnts that arc carricd out can bc shown through quantifiablc cvidcncc to mcct or cxcccd VMT and drivc alonc goals as spccificd in this ordinancc. 4: Failurc to dcsignatc an ETC within 90 days from notification or sclf idcntification, to implcmcnt and carry out the approvcd CTR program cicmcnts. • Failurc to makc a good faith cffort, as dcfincd in RCW 70.94.534 and this ordinancc. • Failurc to rcvisc a CTR program as dcfincd in RCW 70.04.534(4) and this ordinancc. ID. Pcnaltics. No affcctcd cmploycr with an approvcd CTR program, which has madc a good faith cffort, may bc hcld liablc for failurc to roach thc applicablc drivc alonc or VMT goal. 2 Any violation of any provision, or failurc to comply with any of thc rcquircmcnts of this chaptcr, shall bc subjcct to the tcrms and conditions of Chaptcr 8.45. 3 An affcctcd cmploycr shall not bc liablc for civil pcnaltics if failurc to implcmcnt an cicmcnt of a CTR program was thc result of an inability to roach agrccmcnt with a ccrtificd collcctivc bargaining agcnt undcr applicablc laws whcrc thc issuc was raiscd by thc cmploycr and pursucd in good faith. Unionizcd cmploycrs shall bc prcsumcd to act in good faith compliancc if thcy: a. Proposc to a rccognizcd union any provision of thc cmploycr's CTR program that is subjcct to bargaining as dcfincd by thc National Labor Rclations Act; and b. Advicc thc union of thc cxictcncc of thc ctatutc and thc mandatcs of thc CTR program approvcd by thc City of Tukwila, and advisc thc union that thc proposal bcing madc is ncccssary for compliancc with Statc law (RCW 70.04.531). Or . ' 01 §1 (par°t),o 2000 Worksitc Excmptions. An affcctcd cmploycr may rcqucct thc City of Tukwila to grant an cxcmption from all CTR program rcquircmcnts or pcnaltics for a particular worksitc. Thc cmploycr must dcmonstratc that it would cxpericncc unduc hardship in complying with thc rcquircmcnts of thc ordinancc as a result of the charactcristics of its busincss, its work forcc, or its location(s). An cxcmption may bc grantcd if, and only if, thc affcctcd cmploycr dcmonstratcs that it faccs cxtraordinary circumstanccs, such as bankruptcy, and is unablc to implcmcnt any mctacures that could rcducc thc proportion of drivc alonc trips and VMT per cmploycc. Thc City shall issuc a dccision rcgarding an cxcmption no morc than 30 days from rccciving a writtcn rcqucct from thc cmploycr for such status. Thc noticc should cloarly cxplain thc conditions for which thc affcctcd cmploycr is socking an cxcmption from thc rcquircmcnts of thc CTR program. App als to thcsc dccisions arc addrecccd in Scction 0.44.110, "Appclals," of this ordinancc. The City shall rcvicw annually all cmploycrs rccciving cxcmptions, and chall dctcrminc whcthcr thc cxcmption will bc in cffcct during the following program yctar. Produced by the City of Tukwila, City Clerk's Office Page 9-22 Return to Titl+ Return to Ch. 9.44 TITLE 9 — VEHICLES AND TRAFFIC 127 Employee Excmptions. Spccific cmployccs or groups of cmployccs who arc rcquircd to drivc alone to work as a condition of cmploymcnt may bc exempted from a worksitc's CTR program. Excmptions may also bc granted for cmployccs who work variable shifts throughout thc year and who do not rotatc as a group to identical shifts. Thc City of Tukwila will use thc critcria idcntificd in thc State CTR Board Cuidclincs outlincd in RCW 70.04.521 to ascc thc validity of cmploycc cxcmption rcqucsts. All employee cxcmption rcqucsts rcccivcd by Scptcmbcr 30 of each y ar shall bc administratively rcvicwcd by Dcccmbcr 31 of thc same year, and shall dctcrminc whcthcr thc cxcmption will bc in cffcct during thc following program year. C. Modification of CTR Program Goals. An affcctcd cmploycr may rcqucst that thc City of Tukwila modify its CTR program goals. Such rcqucsts shall be filcd in writing at Iest 60 days prior to thc date thc worksitc is rcquircd to submit its program dcscription or annual rcport. The goal modification rcqucst must clearly cxplain why thc worksitc is unablc to achieve thc applicablc goal. Thc worksitc must also demonstrate that it has implcmcntcd all of thc cicmcnts containcd in its approvcd CTR program. 2 Thc City of Tukwila will rcvicw and grant or dcny rcqucsts for goal modifications in accordancc with proccdurcs and critcria idcntificd in thc CTR Board Cuidclincs. 37 An cmploycr may not rcqucst a modification of the applicablc goals until one year aftcr thc City's approval of its initial program dcscription or annual rcport. (Of 220 (part), 2''0081 9,4441-0 Appeals A Any affcctcd cmploycr may appeal administrativc decisions madc by thc City rcgarding cxcmptions, modification of goals, CTR program cicmcnts. Appeals must arrivc, by rcgistcrcd mail, within 14 calendar days following an administrativc dccision from thc City. An appeal must bc madc in writing and specify the dccision bcing app alcd, as well as thc specific basis for the 12,7 Thc City's Hering Examiner shall h ar timely app als. Dctcrminations madc in thc rcvicw of such appeals shall bc based on consistcncy with State statutcs RCW 70.04.521 551. 2201 (part), 18) C 'T iuw.io ur uL) ur f C C Sectionsi 0.48.010 0.48.020 0.48.030 0.48.040 0.48.050 0.48.060 0.48.070 0.48.080 0.48.000 0.48.005 0.48.100 0.48.110 0.48.120 0.48.125 0.48.130 0.48.150 0.48.160 Authority and Purpose Dcfinitions Imposition of Transportation Impact Fccs Calculation of Impact Fccs Crcdit Time of Payment of Impact Fcco Adjustments Establishment of Impact Fcc Account Usc of Impact Fccs Transportation Impact Fcc Dcfcrrai Plan and Fcc Update Rcfunds Appeals Excmptions Rcsidcntial Impact Fcc Dcfcrrai Authority Unimpaircd 948440 A Authority. Thc City of Tukwila's impact fcc financing program has bccn dcvclopcd pursuant to thc City of Tukwila's police powcrs, thc Crowth Management Act as codificd in Chaptcr 36.70A of thc Rcviscd Codc of Washington (RCW), thc enabling authority in RCW Chaptcr 82.02, RCW Chaptcr 58.17 relating to platting and subdivisions and thc Statc Environmcntal Policy Act (SEPA), and RCW Chaptcr 42.12C. 4- Dcvclop a program consistcnt with Tukwila's Comprchcnsivc Plan, thc Six Year Transportation Program and thc Capital Improvcmcnt Program, for joint public and privatc financing of transportation improvcmcnts necessitated in wholc or in part by dcvclopmcnt within thc City of Tukwila; 27 Ensurc adcquatc le/cis of transportation and traffic scrvicc consistcnt with thc Icvcl of scrvicc idcntificd in the Comprehensive Plan; 37 Cretc a mcchanism to chargc and collcct fccs to cnsurc that ncw dcvclopmcnt b ars its proportionatc sharc of the capital costs of transportation facilitics necessitated by ncw dcvclopmcnt; and 47 Ensurc fair collcction and administration of such transportation impact fees. C. Thc provisions of thc City of Tukwila's impact fcc ordinancc shall bc liberally construcd to cffcctivcly carry out its purpose in thc interests of thc public health, safcty and welfare. t r°d. 2111§1 tunt), 0 Produced by the City of Tukwila, City Clerk's Office Page 9-23 Return to Titl+ Return to Ch. 9.48 TITLE 9 — VEHICLES AND TRAFFIC 9,4.8,020 Definitions Thc words and tcrms containcd in this chaptcr shall havc the following m anings for thc purposcs of this chaptcr, unlcss thc contcxt cloarly rcquircs othcrwisc. Tcrms or words not dcfincd hcrcin shall bc dcfincd pursuant to RCW 82.02.000 whcn givcrn thcir usual and customary m aning. Thc "Act" moans thc Crowth Managcmcnt Act, Chaptcr 17, Laws of 1000, First Extraordinary Scssion, Chaptcr 36.70A RCW ct scq., and Chaptcr 32, Laws of 1001, First Spccial Scssion, as now in cxistcncc or hcrcinaftcr amcndcd. 2 "Building permit" moans an official documcnt or ccrtification of thc City of Tukwila iccucd by thc City's building official which authorizcs thc construction, altcration, cnlargcmcnt, convcrsion, rcconstruction, rcmodcling, rchabilitation, crcction, placcmcnt, dcmolition, moving, or rcpair of a building or structurc. 37 "City" mooans thc City of Tukwila, Washington. 47 "Dcvclopmcnt" moans the construction, rcconstruction, convcrsion, structural altcration, rclocation or cnlargcmcnt of any structurc that rcquircs a building permit. t} "Dcvclopmcnt activity" moans any construction of a building or structurc that croatcs additional dcmand and nccd for transportation facilitics. 67 "Dcvclopmcnt approval" moans any writtcn authorization from thc City, which authorizcs thc commcnccmcnt of thc "dcvclopmcnt activity." 77 "Early Learning Facility" is dcfincd consistcnt with RCW 43.31.565(3) as now cnactcd or her aftcr amcndcd. 87 "Fee paycr" is a person, corporation, partncrship, an incorporatcd association or govcrnmcntal agcncy, municipality, or cimilar cntity commcncing a land dcvclopmcnt activity, which rcquircs a building permit and croatcs a dcmand for additional facilitics. 87 "Impact fcc" moans thc paymcnt of moncy imposcd by thc City on dcvclopmcnt activity pursuant to this chaptcr as a condition of granting dcvclopmcnt approval, in ordcr to pay for the transportation facilitics nccdcd to scrvc ncw growth and dcvclopmcnt that is a proportionatc sharc of thc cost of thc capital facilitics that is uscd for facilitics that reasonably bcncfit ncw dcvclopmcnt. Impact fccs arc indcpcndcnt of a permit fcc, an application fcc, a concurrcncy tcst fcc, and thc administrativc fcc for collccting and handling impact fccs or cost of rcvicwing indcpcndcnt fcc calculations. 10. "Lcttcr cncumbcrcd" m ans to rcscrvc, sct asidc, or earmark thc impact fccs in ordcr to pay for commitmcnts, contractual obligations, or othcr liabilitics incurrcd for thc provision of transportation facilitics. 11. "Low incomc housing" moan; housing whcrc monthly costs, including utilitics othcr than tcicphonc, do not cxcccd 30% of thc rcsidcnt's houschold monthly incomc and whcrc houschold monthly incomc must bc 80 perccnt or Icss of thc King County Mcdian family incomc adjustcd for family sizc as rcportcd by thc U.S. Dcpartmcnt of Housing and Urban Dcvclopmcnt. 12. "Owncr" means thc owncr of rccord of real property, as found in thc rccords of King County, Washington, or a person with an unrcstrictcd writtcn option to purchasc property; providcd, that if thc real property is bcing purchascd undcr a rccordcd r ai cstatc contract, thc purchascr shall bc considcrcd thc owncr of thc property. 13. "Proportionatc fair sharc" moans that portion of thc cost for transportation facility improvcmcnts that arc r asonably rclatcd to thc scrvicc dcmands and nccds of ncw dcvclopmcnt. (Or ' ;o 20 ' ;; Or i 52;o 20 6; 0 °a ',"#'MI ;o 20 0;; Or°i (part).., 200 ) 9,4.8,020 A Thc City hcrcby authorizcs thc asscssmcnt and collcction of impact fccs on dcvclopmcnt activity at thc ratcs sct forth in Figurc 0 1. 127 Transportation impact fccs imposcd by this chaptcr: 4, Shall only bc imposcd for systcm improvcmcnts that arc reasonably rclatcd to thc ncw dcvclopmcnt; 2 Shall not cxcccd thc proportionatc fair sharc of the costs of systcm improvcmcnts that arc r asonably rclatcd to thc new dcvclopmcnt; 37 Shall bc uscd for thc systcm improvcmcnts that will reasonably bcncfit ncw dcvclopmcnt; 4: May bc collcctcd and spcnt only for systcm improvcmcnts, which arc providcd for in thc transportation cicmcnt of thc Capital Improvcmcnt Plan and Comprchcnsivc Land Usc Plan; Shall not bc uscd to corrcct cxisting transportation systcm dcficicncics as of thc datc of adoption of this chaptcr; and 6- Shall bc collcctcd only oncc for ach dcvclopmcnt, unlcss changcs or modifications to thc dcvclopmcnt arc propose} which result in groatcr dircct impacts on transportation facilitics than wcrc considcrcd whcn thc dcvclopmcnt was first approvcd. t fir . 215ti ,. `, 200 ; Ord, 2111 ` Owl), 200 t 9,4.8,040 >4 Thc mcthod of calculating thc transportation impact fccs in this chaptcr incorporatc, among othcr things, thc following: Thc cost of public strccts and roads ncccssitatcd by new dcvclopmcnt; 27 An adjustmcnt to thc costs of thc public strccts and roadways for past or futurc mitigation paymcnts madc by prcvious dcvclopmcnt to pay for a particular systcm improvcmcnt that was proratcd to thc particular strcct improvcmcnt; 37 Thc availability of othcr moans of funding public strcct and roadway improvcmcnts; and 47 Thc mcthods by which public strcct and roadway improvcmcnts wcrc financcd. Produced by the City of Tukwila, City Clerk's Office Page 9-24 Return to Titl+ Return to Ch. 9.48 TITLE 9 — VEHICLES AND TRAFFIC 127 Foos for dcvclopmcnt shall bc calculatcd bascd on thcir not ncw "p.m. pclak hour" trip gcncration ratcs as dctcrmincd by thc Public Works Dircctor, or dccigncc, applying thc ITE Trip Ccncration Manual. If thc proposcd dcvclopmcnt activity conccrns an cxisting ucc, thc fcc shall bc bascd on nct ncw trips gcncratcd by thc rcdcvclopmcnt. If an cxisting building has not bccn uscd for its intcndcd purposc or has bccn vacant for twclvc months or morc prcccding application, no crcdit for cxisting trips shall bc givcn. (Oft . 26.2.2 2,„ 2019; Or a . .2305 ,k2;. 2(W, 0;; 2 {part), 2''0051 A crcdit, not to cxcccd thc impact fcc othcrwisc payablc, shall bc providcd for thc fair markct valuc of any dcdication of land for, improvcmcnt to, or ncw construction of any systcm improvcmcnts providcd by thc dcvcloper, to facilitics that arc idcntificd in the Capital Improvcmcnt Program and that arc rcquircd as a condition of approving thc dcvclopmcnt activity. Thc dctcrmination of "valuc" shall bc concictcnt with thc assumptions and mcthodology uscd by thc City in cstimating thc capital improvcmcnt costs. 2111 §1 (part), 2005 9,48460 >� Thc impact fccs imposcd pursuant to this chaptcr shall bc asscsscd by thc City at thc timc of thc application for the dcvclopmcnt permit, and shall bc duc and payablc in full at the timc of iscuancc of such permit, unlccc a fcc dcfcrral agrccmcnt is cxccutcd pursuant to TMC 0.48.005. Thc fcc paid shall bc the amount in cffcct as of thc datc of thc permit issuancc. 127 Impact fccs may bc paid undcr protcst in ordcr to obtain a permit or othcr approval of dcvclopmcnt activity. 2 ' ;o 205,; 01"a ,. '3'(15 §3§2010 Ori?.2111 r°I' . 20051 >� Thc amount of fcc to bc imposcd on a particular dcvclopmcnt may bc adjuctcd by thc Public Works Dircctor, giving considcration to studics and othcr data submittcd by thc dcvcloper dcmonstrating by ciciar and convincing cvidcncc that an adjustmcnt should bc madc in ordcr to carry out thc purposcs of this chaptcr. 127 Thc Public Works Dircctor shall rcvicw thc study to dctcrminc if thc adjustmcnt rcqucst: Is bascd on acccptcd impact fcc asscssmcnt practiccs and mcthodologics; 27 Uscs acccptablc data sourccs and if thc data uscd is comparablc with thc uccs and intcncitics planncd for the proposcd dcvclopmcnt activity; 37 Complics with thc applicablc Statc laws govcrning impact fccs; 47 Is prcparcd and documcntcd by profcscionals who arc mutually agrcciablc to thc City and thc dcvcloper and arc qualificd in thcir rccpcctivc ficlds; and t} Shows thc basis upon which thc indcpcndcnt fcc calculation was madc. C. In rcvicwing thc study, thc Public Works Dircctor may rcquirc the dcvcloper to submit additional ei diffcrcnt documcntation. If thc Public Works Dircctor agrccs with the study's findings, an adjustmcnt to thc impact fcc will bc madc. If a compclling casc has not bccn madc, thc dcvcloper shall pay thc full impact fcc amount. D. A dcvcloper rcquccting an adjustmcnt or indcpcndcnt fcc calculation may pay thc impact fccs imposcd by this chaptcr to obtain a building permit whilc thc City dctcrmincs whcthcr to partially rcimbursc thc dcvcloper by making an adjustmcnt or acccpting thc indcpcndcnt fcc calculation. Or . 2111 §i f (a ;o 20051 9,48,080 Impact fccs rcccivcd pursuant to this chaptcr shall be ciarmarkcd and rctaincd in spccial intcrcst bring accounts. All intcrest shall bc rctaincd in thc account and cxpcndcd for the purposc or purposcs for which thc impact fccs wcrc collcctcd. 2111§1 60 , 2005) 948,090 Usc of Impact Fcco A Pursuant to this chaptcr, impact fccs shall bc uscd for facilitics that will rclaconably bcncfit thc City and its rccidcnts. Foos shall not bc uscd to makc up dcficicncics in City facilitics scrving an cxisting dcvclopmcnt. C. Fccs shall not bc uscd for maintcnancc and operations, including personncl. D. Traffic impact fccs shall bc uscd for but not limitcd to land acquisition, sitc improvcmcnts, cnginccring and architcctural ccrviccs, permitting, financing, administrativc cxpcnscs and applicablc mitigation costs, and capital cquipmcnt pertaining to transportation systcros and facilitics. i= Traffic impact fccs may also bc uscd to rccoup public improvcmcnt costs incurrcd by thc City to thc cxtcnt that ncw growth and dcvclopmcnt will bc ccrvcd by thc prcvioucly constructcd improvcmcnt. i` In thc cvcnt bonds or similar dcbt instrumcnts arc or have bccn iscucd for cyctcm improvcmcnts, impact fccs may bc used to pay thc principal on such bonds. Produced by the City of Tukwila, City Clerk's Office Page 9-25 Return to Titl+ Return to Ch. 9.48 TITLE 9 — VEHICLES AND TRAFFIC C. Transportation impact fccs shall bc cxpcndcd or Icttcr cncumbcrcd for a permi^ciblc ucc within tcn years of rcccipt, unlcsc thcrc cxicts an cxtraordinary or compclling reason for fccs to bc hcld Iongcr than tcn years. Thc Public Works Dircctor may recommend to thc Council that thc City hold fccs bcyond tcn ycaarc in cascs whcrc cxtraordinary or compclling reasons exist. Such reasons shall bc idcntificd in writtcn findings by thc Council. H. Thc Financc Dircctor shall prcparc an annual rcport on thc transportation impact fcc account showing thc source and amount of all moneys collcctcd, darned or rcccivcd and projccts that wcrc financcd in wholc or in part by transportation impact fees- a ' ' 3o 2019; () i 2 (part), 200 948493 A In ordcr to cncouragc rcsidcntial and mixcd use dcvclopmcnt within thc Tukwila Urban Ccntcr Transit Oricntcd Dcvclopmcnt (TUC TOD) zoning district, fcc deferrals of all or a portion of thc required transportation impact fccs for a projcct may bc granted providcd thc following critcria arc mot: Thc property owncr must submit a tcchnically complctc building permit application clearly dcpicting thc projcct for which thc fcc dcfcrral agrccmcnt would apply. 2 Before issuancc of thc building permit, thc property owncr must submit a writtcn Icttcr rcqucsting that the transportation impact fcc bc dcfcrrcd. Thc City will not considcr any fcc dcfcrral rcqucsts from a tcnant, contractor, or othcr third party. Thc rcqucst must bc submitted to thc City no later than December 31, 2016. Thc projcct must bc located wcst of thc Crccn Rivcr and bc within thc TUC TOD zoning district per Figurc 18 16, District Map, in Titic 18 of thc Tukwila Municipal Codc. 4: Thc projcct must includc at least 100 residential units and at least 50 percent of thc gross building squarc footage must bc used for rccidcntial purpoccs. For purpoccs of this ccction, thc tcrm "rccidcntial' docs not includc hotcls, motcls, bcd and breakfasts or othcr similar transicnt lodging accommodations. 57 A fcc dcfcrral agrccmcnt bctwccn thc City and the property owncr must bc executed prior to issuancc of thc building permit. Thc Mayor is authorizcd to cxccutc such agrccmcnts on behalf of thc City. Provisions must bc included in thc agrccmcnt to sccurc paymcnt of thc dcfcrrcd impact fccs, plus accrued intcrcst, in thc casc of dcfault by thc property owncr. Provisions may includc, but arc not limitcd to, a lien against subjcct property, Icttcr of crcdit and/or surety bond. 6, As part of thc agrccmcnt, thc property owncr must agrcc to waivc any appeals undcr TMC Section 0.48.120. 127 Thc Mayor may considcr othcr rcicvant information in approving fcc dcfcrral rcqucsts including, but not limitcd to, the ability of thc property owncr to satisfy thc obligations of the agrccmcnt and pay thc dcfcrrcd impact fccs. Thc Mayor is authorizcd to includc any othcr provisions or rcquircmcnts in the dcfcrral agrccmcnt that he/chc dccros ncccccary to mcct the intent of this chaptcr, to protcct thc financial intcrcst of thc City, and/or to protcct thc public welfare. C. Transportation impact fccs may bc dcfcrrcd up to 10 years from thc datc of building permit issuancc. Thc property owncr shall make 8 equal, annual inctallmcnt payments to the City, with thc first paymcnt duc to thc City no later than 36 months aftcr issuancc of thc building permit, with thc final paymcnt being duc no later than 120 months from iccuancc of thc building permit. Thc property owncr may pay off thc entire balancc any time prior to thc cnd of thc 10 y ar dcfcrral tcrm. D. Intcrcst shall bc charged on dcfcrrcd transportation impact fccs. Thc intcrcst ratc shall bc thc same as thc stated intcrcst ratc on thc Tcn Yoar US Treasury Notc on thc datc thc building permit is issucd (or closcst datc thereof). Intcrest shall be compoundcd annually and shall bcgin to accruc upon issuancc of thc building permit. E Thc transportation impact fcc dcfcrral agrccmcnt may be consolidatcd with any agrccmcnts to dcfcr firs, parks, or building permit fccs as outlincd in TMC Chapters 16.26 and 16.28, and the consolidatcd permit fcc resolution adoptcd by thc City Council. . 1-00 Thc impact fcc may bc updated annually to cvaluatc the consistcncy of dcvclopmcnt dcnsity assumptions, cstimatcd projcct costs and adjusted for awardcd grant funding, if any. Updatcs that result in a changc in impact fccs will bc reviewed by thc City Council. Impact fcc changes will only occur through an ordinancc rcquiring Council action. (Of 2' (p .2005) A A dcvcloper may rcqucst and shall rcccivc a rcfund when thc dcvcloper docs not procccd with thc dcvclopmcnt activity for which transportation impact fccs wcrc paid, and thc dcvcloper chows that no impact has resulted. 127 Thc dcvcloper must submit a rcqucst for a rcfund to the City in writing within onc yoar of thc datc thc right to claim the rcfund arises. Any transportation impact fccs that arc not cxpcndcd or cncumbcrcd within thc time limitations cstablishcd, and for which no application for a rcfund has bccn made within this onc y ar period, shall bc retained and cxpcndcd on any projcct idcntificd in thc Capital Improvcmcnt Plan. C. In thc event that transportation impact fccs must bc rcfundcd for any reason, thcy shall bc rcfundcd with intcrcst darned to thc applicant. 2111,0' (pi ° ,o '005� Produced by the City of Tukwila, City Clerk's Office Page 9-26 Return to Titl+ Return to Ch. 9.48 TITLE 9 — VEHICLES AND TRAFFIC 9,4.8420 Appeals Any fcc paycr may pay thc impact fccs imposcd by this chaptcr undcr protcst in ordcr to obtain a building permit. 127 Appeals rcgarding traffic impact fccs imposcd on any dcvclopmcnt activity may only bc takcn by thc fcc paycr of the property whcrc such dcvclopmcnt activity will occur. No appoal chall bc permittcd unlcsc and until thc impact fcc at ifuc has bccn paid. C. Dctcrminations of thc Public Works Dircctor or his dcsigncc, with rcspcct to thc applicability of traffic impact fccs to a givcn dcvclopmcnt activity, or thc availability of a crcdit, can be appcaalcd to thc City's Hearing Examincr. Such appeal shall bc a closcd rccord app al. D. An appoal shall bc takcn within 10 working days of paymcnt of thc impact fccs undcr protcst or within 10 working days of thc City's issuancc of a writtcn dctcrmination of a crcdit or cxcmption dccision by filing with thc City Clcrk a noticc of app al with an accompanying appoal fcc, as sct forth in thc cxisting fcc cchcdulc for land usc dccisions. E Noticcs of appoal shall contain thc following information: Thc namc of thc app aling party; 2 Thc addrcss and phonc numbcr of thc appealing party; and 37 A statcmcnt idcntifying thc dccision bcing app alcd and thc allcgcd crrors in that dccision. Thc noticc of appoal shall ctatc spccific crrors of fact or crrors in thc application of thc law to thc facts prcscntcd and shall also statc thc rclicf sought. The ccopc of thc appoal shall bc limitcd to issucs raiscd in thc noticc of appeal. (Orr? 23'05 §t 201(; Or . 2' (par°);. 2005) 9,48425 Exemptions A Thc impact fccs arc gcncratcd from thc formula for calculating thc fccs as sot forth in this chaptcr. Thc amount of the impact fccs is dctcrmincd by thc information dcpictcd on Figurc 0 1 hcrcin. All dcvclopmcnt activity locatcd within thc City shall bc chargcd a transportation impact fcc, providcd that thc following cxcmptions shall apply. 127 Thc following shall bc cxcmpt from transportation impact fees7 Rcplaccmcnt of a structurc with a ncw structurc having thc samc usc, at thc samc sitc, and with thc samc gross floor ar a, whcn such rcplaccmcnt is within 12 months of dcmolition or dcstruction of thc prcvious structurc. 2 Altcration, cxpansion, or rcmodcling of an cxisting dwclling or structurc whcrc no ncw units arc crcaatcd and thc use is not changcd. 37 Construction of an acccssory rcsidcntial structurc. 47 Misccllancous improvcmcnts including, but not limitcd to, fcnccs, walls, swimming pools and signs that do not impact thc transportation systcm. 57 Dcmolition of or moving an cxisting structurc within thc City from one sitc to anothcr. 6 Transportation impact fccs for thc construction of low incomc housing may bc rcduccd at thc discrction of thc Public Works Dircctor whcn rcqucstcd by thc property owncr in writing prior to permit submittal and subjcct to thc following critcria: a. Submittal of a fiscal impact analysis of how a rcduction in impact fccs for thc projcct would contributc to the croation of low incomc housing; b. Fcc rcduction tablc. Unit Sim 2 or morc bcdroom3 Targct 4 i� Fcc Rcductiort 493 2 or morc bcdroom3 2 Any sizc 50% 893/4 4 Units to be sold or rcntcd to a person or houschold whosc monthly homing coctc, including utiliticc othcr than tcicphonc, do not cxcccd 30% of the houcchold'c monthly incomc. 2 Pcrccntagc of King County Mcdian family incomc adjuctcd for family cizc ac rcportcd by the U.S. Dcpartmcnt of Houcing and Urban Dcvclopmcnt. c. Thc dcvcloper must rccord a covcnant per RCW 82.02.060 (3) that prohibits using thc property for any purposc othcr than for low incomc housing at thc original incomc limits for a period of at least 10 years. At a minimum, thc covcnant must addrcss pricc restrictions and houschold incomc limits for thc low incomc housing, and that if thc property is convcrtcd to a usc othcr than low incomc housing within 10 y ars, the property owncr must pay thc City thc applicablc impact fccs in cffcct at thc timc of convcrsion. 77 Changc of Usc. A dcvclopmcnt permit for a change of usc that has Icss impact than thc cxisting usc shall not be asscsscd a transportation impact fcc. 87 A fee peyef rcquircd to pey fef Syetefli improvcmcnts pursuant to RCW 43.21C.060 shall not bc rcquircd to pay an impact fcc for thc samc improvcmcnts undcr this ordinancc. 97 An Early Lcarning Facility is cxcmpt from paying 80 perccnt of thc rcquircd Transportation Impact Fcc. 9,4.8430 yac o c. The- osc of this chaptcr is to comply with thc rcquircmcnts of RCW 82.02.050, as amcndcd by ESB5023, Chaptcr 241, Laws of 2015, to providc an impact fcc dcfcrrai proccss for singlc family rcsidcntial construction in ordcr to promotc cconomic rccovcry in thc construction industry. licability. 4- Thc provisions of this chaptcr shall apply to all impact fccs cstablishcd and adoptcd by thc City pursuant to Chaptcr 82.02 RCW, including transportation systcm impact fccs asscsscd undcr Tukwila Municipal Codc Chaptcr 0.48. Produced by the City of Tukwila, City Clerk's Office Page 9-27 Return to Titl+ Return to Ch. 9.48 TITLE 9 — VEHICLES AND TRAFFIC 2 Subjcct to thc limitations imposcd in thc Tukwila Municipal Codc, thc provisions of this chaptcr shall apply to all building permit applications for singlc family dctachcd and singlc family attachcd rcsidcntial construction. For thc purposcs of this chaptcr, an "applicant" includcs an cntity that controls thc namcd applicant, is controllcd by thc namcd applicant, or is undcr common control with thc namcd applicant. C. Impact Fcc Dcfcrral. Dcfcrral Rcqucst Authorizcd. Applicants for singlc family attachcd or singlc family dctachcd rcsidcntial building permits may rcqucst to dcfcr paymcnt of rcquircd impact fccs until thc sooncr of: a. final inspcction; or b. thc closing of thc first salc of thc property occurring aftcr thc iccuancc of thc applicablc building permit; which rcqucst shall bc grantcd so long as thc rcquircmcnts of this chaptcr arc satisficd. 2 Mcthod of Rcqucst. A rcqucst for impact fcc dcfcrral shall bc dcclarcd at thc timc of prcliminary plat application (for plattcd dcvclopmcnt) or building permit application (for non plattcd dcvclopmcnt) in writing on a form or forms providcd by thc City, along with applicablc application fccs. 37 Calculation of Impact Fccs. Thc amount of impact fccs to bc dcfcrrcd undcr this chaptcr shall bc dctcrmincd as of thc date thc rcqucst for dcfcrral is submittcd. D. Dcfcrral Tcrm. Thc tcrm of an impact fcc dcfcrral grantcd undcr this chaptcr may not cxcccd 18 months from the datc thc building permit is iccucd ("Dcfcrral Tcrm"). -the condition triggcring paymcnt of thc dcfcrrcd impact fccs docs not occur prior to thc cxpiration of thc Dcfcrral Tcrm, thcn full paymcnt of thc impact fccs shall bc duc on thc last datc of thc Dcfcrral Dcfcrrcd Impact Fcc Licn. A7 Applicant's Duty to Rccord Licn. An applicant rcqucsting a dcfcrral undcr this chaptcr must grant and rccord a dcfcrrcd impact fcc lien, in an amount cqual to thc dcfcrrcd impact fccs, against thc property in favor of thc City in accordancc with thc rcquircmcnts of RCW 82.02.050(3)(c). 2 Satisfaction of Licn. Upon rcccipt of final paymcnt of all dcfcrrcd impact fccs for thc property, thc City shall cxccutc a rcloasc of dcfcrrcd impact fcc lien for thc property. Thc property owncr at thc time of thc rcicasc is rcsponsiblc, at his or her own cxpcnsc, for rccording thc lien role -ass. F Limitation on Dcfcrrals. Thc dcfcrral cntiticmcnts allowcd undcr this chaptcr shall bc limitcd to thc first 20 singlc family rcsidcntial construction building permits per applicant, as idcntificd by contractor rcgistration numbcr or othcr unique identification numbcr, per y ar. (Or, 252' ;3';o 2'Oi(wt . . 1-50 Nothing in this chaptcr shall prccludc thc City from rcquiring thc fcc paycr to mitigatc advcrsc and cnvironmcntal cffccts of a spccific dcvclopmcnt pursuant to thc Statc Environmcntal Policy Act, Chaptcrs 43.21C RCW and/or Chaptcr 58.17 RCW, govcrning plats and subdivisions; providcd, that thc cxcrcisc of this authority is consistcnt with Chaptcrs 43.21 C and 82.02 RCW. P, 20 0;; Or .2111 §1 (part).., 200 ) 9487140 A All dcvclopmcnt shall bc subjcct to cnvironmcntal rcvicw pursuant to SEPA and othcr applicablc City ordinanccs and rcgulations. 127 Paymcnt of thc impact fcc pursuant to this chaptcr shall constitutc satisfactory mitigation of thosc traffic impacts rclatcd to thc spccific improvcmcnts idcntificd on thc projcct list. C. Furthcr mitigation in addition to thc impact fcc shall be rcquircd for idcntificd advcrsc impacts, appropriatc for mitigation pursuant to SEPA, that arc not mitigatcd by an impact fcc. D. Nothing in this chaptcr shall bc construcd to limit the City's authority to dcny dcvclopmcnt permits whcn a proposal would result in significant advcrsc traffic impacts idcntificd in an cnvironmcntal impact statcmcnt and rcasonablc mitigation mcasures arc insufficicnt to mitigatc thc idcntificd impact. '111 /(aartl. 2''005) Produced by the City of Tukwila, City Clerk's Office Page 9-28 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC CIIHNAlEE,IIR,. COIN C JV IIR,.IIR,.IILE IN Cat' II A IINAG IILE III °T' Sections: 9.50.010 Purpose 9.50.020 Definitions 9.50.030 Concurrency Test 9.50.040 Test Criteria 9.50.050 Concurrency for Phased Development 9.50.060 Exemptions 9.50.070 Vesting 9.50.080 Improvements to Concurrency Facilities 9.50.090 Capital Facilities Plan and Capital Improvement Program 9.50.100 Intergovernmental Coordination 9.50.110 Administrative Rules and Procedures 9.50.120 Appeals 9.50.130 SEPA Exemption 9.50.010 Purpose A. Pursuant to the State Growth Management Act, RCW 36.70A, after the adoption of its Comprehensive Plan, the City of Tukwila is required by RCW 36.70A.070(6)(b) to ensure that transportation improvements or strategies to accommodate the impacts of development are provided concurrent with the development. Further, the City is bound by the planning goals of RCW 36.70A.020 to ensure that public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards, hereinafter "concurrency." B. The intent of this chapter is to establish a concurrency management system to ensure that concurrency facilities and services needed to maintain minimum level of service standards can be provided simultaneous to, or within a reasonable time after, development occupancy or use. Concurrency facilities adopted by the City's Comprehensive Plan are roads, potable water, sanitary sewer, and storm water management. This chapter furthers the goals, policies and implementation strategies and objectives of the Comprehensive Plan. C. The concurrency management system provides the necessary regulatory mechanism for evaluating requests for development to ensure that adequate concurrency facilities can be provided within a reasonable time of the development impact. The concurrency management system also provides a framework for determining facilities and services needs and provides a basis for meeting those needs through capital facilities planning. D. For water, sewer, and surface water, the facilities must be in place at the time of development approval; and for roads, the facilities must be in place within six years of the time of the development approval. Applicants with developments that would cause the level of service on concurrency facilities to decline below City standards can have their developments approved by implementing measures that offset their impacts and would maintain the City's standard for level of service. (Or 263 5 ;§3, 202 9.50.020 Definitions The definitions contained in TMC 9.50.020 apply throughout this chapter unless, from the context, another meaning is clearly intended. 1. "Adequate" means equal to or better than the level of service standards specified in the current adopted capital facilities element. 2. "Applicant" means a person who applies for any certificate of concurrency under this chapter and who is the owner of the subject property or the authorized agent of the property. 3. "Available water, sewer, and surface water capacity" means there is adequate capacity, based on adopted level of service standards, for water, sewer, and surface water facilities currently existing without requiring facility construction, expansion, or modification. 4. "Building permit" refers to any permit issued under the Uniform Building Code. 5. "Certificate of concurrency" means the statement accompanying the Public Works Department's development standards that are issued with an approved development permit or the Public Works Department's conditions of approval that are issued with an approved building permit. The statement shall state that a certificate of concurrency is issued and indicate: a. For water, sewer, and surface water, the capacity of the concurrency facilities that are available and reserved for the specific uses, densities and intensities as described in the development permit or building permit; and b. For road facilities assigned to the development for the specific uses, densities and intensities as described in the development permit or building permit; and c. Conditions of approval, if applicable; and d. An effective date; and e. An expiration date. 6. "Concurrency" means facilities or strategies that achieve the City's level of service standards and that: a. For water, sewer, surface water, and roads: facilities that exist at the time development is approved by the Public Works Department; or b. For roads: (1) Are included in the City's Capital Improvement Plan at the time development is approved by the Public Works Department; or (2) Will be available and complete no later than six years after completion of the development, and the applicant and/or the City provides a financial commitment which is Produced by the City of Tukwila, City Clerk's Office Page 9-29 Return to Titl+ Return to Ch. 9.50 TITLE 9 — VEHICLES AND TRAFFIC in place at the time the development is approved by the Public Works Department. 7. "Concurrency facilities" means facilities for which concurrency is required in accordance with the provision of this chapter. They are roads, water, sanitary sewer, and surface water facilities. 8. "Concurrency test" means: a. For water, sewer, and surface water, the comparison of a development's demand to the available capacity of each concurrency facility; and b. For roads, the comparison of the development's impact on the level of service standards of each effected subarea. A concurrency test must be passed for roads, and a notice issued by the Public Works Department in order to obtain a certificate of concurrency. 9. "Development permit" means a land use permit and includes short plat, preliminary or final rezone/reclassification, zoning permit, master plan, shoreline substantial development permit/conditional use permit, planned unit development, or any other permit or approval under the Zoning Code or Subdivision Code or Shoreline Master Program. 10. "Financial commitment" means: a. Revenue sources anticipated to be available and designated for facilities in the Comprehensive Plan; b. Unanticipated revenue from federal and state grants for which the City has received notice of approval; c. Funding that is assured by the applicant in a form approved by the Public Works Department. 11. "Level of service standard" means those standards specified in the adopted transportation element of the Comprehensive Plan. For water, sewer, and surface water, "level of service standard" also means those standards defined in TMC Title 14. 12. "Non -City managed facilities" include any non -city provider of water or sewer. 13. "Planned capacity" means road facilities that do not exist but for which the necessary facility construction, expansion, or modification project is contained in the current capital facilities element of the Comprehensive Plan. The improvements must be scheduled to be completed within six years and the financial commitment must be in place at the time of approval of the certificate of concurrency to complete the improvements within six years. 14. "Public Works Department" means the Public Works Director or designee. 15. "Transportation strategies" means transportation demand management strategies and other techniques or programs that reduce single occupant vehicle travel. 16. "Vested" means the right to develop or continue development in accordance with the laws, rules, and other regulations in effect at the time the building permit application is deemed complete. (Or .2635 d1., '020) 9.50.030 Concurrency Test A. Timing. All applicants must apply for the transportation concurrency test and receive notice of passing the test before the City will approve an application for any development permit or building permit. An application for a concurrency test may be submitted with other development submittals. B. Procedures. 1. Applications for a concurrency test shall be submitted on forms provided by the Public Works Department. The concurrency test shall be done in order of "first in, first out," once the Public Works Department determines the application is complete. 2. The applicant shall provide to the Public Works Department a certificate of availability for water and sewer with the application submittal if the property is serviced by a non -City managed utility. For City managed utilities, a determination will be made on availability and a certificate of availability shall be issued. This certificate of availability shall suffice as meeting the concurrency test for water and sewer utilities. 3. The applicant shall submit a detailed project description of the development, including location, vehicular circulation, and gross floor area by use, as part of the concurrency application and shall pay the concurrency test fee as adopted by motion or resolution of the Tukwila City Council. 4. A concurrency test shall be performed only for specific property, uses, densities and intensities based on the information provided by the applicant. The applicant shall specify densities and intensities that are consistent with the uses allowed for the property. If the concurrency test is being requested in conjunction with an application for rezone, the applicant shall specify densities and intensities that are consistent with the proposed zoning for the property. Changes to the uses, densities and intensities that create additional impacts on concurrency facilities shall be subject to an additional concurrency test. 5. The Public Works Director or designee shall perform the concurrency test. The project must pass the concurrency test prior to approval of the development permit or building permit. 6. The Public Works Director or designee shall notify the applicant of the test results in writing. The date of written notification to the applicant shall be the date of issuance of the concurrency certificate. 7. The concurrency certificate shall expire within one year of its issuance unless the applicant submits a building permit application, a SEPA environmental checklist and all required documentation pursuant to TMC Chapter 21.04, or an extension is granted within one year from the date of issuance of the concurrency certificate. Produced by the City of Tukwila, City Clerk's Office Page 9-30 Return to Titl+ Return to Ch. 9.50 TITLE 9 — VEHICLES AND TRAFFIC 8. If the deadline for submittal of a complete building permit application, SEPA environmental checklist and all required documentation is met as described in TMC Section 9.50.030.B.7, or other submittal as determined by the Public Works Director or designee, the concurrency certificate shall be valid for two years from the date of issuance of the building permit, SEPA Determination, or other City -issued approval. If the building permit, SEPA environmental checklist, or other submittal is withdrawn by the applicant prior to approval by the City or expires, the concurrency certificate shall expire one year after the date of issuance. 9. An applicant must apply for a new concurrency test if the certificate expires or an extension is not granted. 10. The Public Works Director may approve an extension of up to one year if: a. The applicant submits a letter in writing requesting the extension before the expiration date. The applicant must show that they are not responsible for the delay in obtaining a building permit, SEPA approval, or other City -issued approval, and has acted in good faith to obtain the permit or approval; and b. If the property is serviced by a non -City managed utility, then the applicant must submit a letter from the utility approving the extension before the expiration date. 11. The Public Works Department shall be responsible for accumulating the impacts created by each application and removing any impacts from the City's concurrency records for an expired concurrency certificate, an expired development permit or building permit, or other action resulting in an applicant no longer causing impacts that have been accounted for in the City records. 12. The Public Works Department shall be responsible to coordinate with applicable non -City managed utility operators for maintenance and monitoring of available and planned capacity for these utilities. 13. A certificate of concurrency shall apply only to the specific land use, density and intensity described in the application for a development permit or building permit. No development shall be required to obtain more than one certificate of concurrency for each building, unless the applicant or subsequent owner proposes changes or modifications to the property location, density, intensity, or land use that creates additional impacts on concurrency facilities. 14. A certificate of concurrency is not transferable to other land but may be transferred to new owners of the original land. (Or°ad,.26w3:5 5, .2020 9.50.040 Test Criteria Development applications that would result in a level of service reduction below the adopted standard shall not be approved. 1. For water and sanitary sewer conveyance systems, a certificate of availability must be issued to pass the concurrency test. For surface water conveyance systems, the water quality and detention standards described in the currently -adopted King County Surface Water Design Manual must be met to pass the concurrency test. 2. For roads, the concurrency test compares level of service at intersections or corridors, as defined in the transportation element, both with and without the development at a time 6 years after the estimated occupancy of the development. If the level of service is equal to or better than the level of service standard, the concurrency test is passed. 3. If the concurrency test is not passed for water, sewer, surface water, or roads, then the applicant may retest for concurrency after doing one or both of the following: a. Modifying the application to reduce the need for the non-existent concurrency facilities. Reduction of need can be through the reduction of the size of the development, reduction of trips generated by original proposed development, or phasing of the development to match future concurrency facility construction; or b. Arranging to fund the improvements for the additional capacity required for the concurrency facilities, as approved by the Public Works Director. .W 26,1uo 2020)' 9.50.050 Concurrency for Phased Development A. An applicant may request concurrency for a phased development if the Public Works Director determines that the two criteria described in TMC Section 9.50.050.E are met. The application for concurrency must be accompanied by a schedule for construction of the buildings, parking and other improvements and by a written request for the development to be considered in phases. B. The Public Works Director or designee may approve concurrency for phased development if both of the following criteria are met: 1. No associated development permit is required before building permit applications can be submitted; and 2. The application is for an integrated development site plan with multiple buildings that are interdependent for vehicular and pedestrian access and parking. C. A concurrency application for phased development shall follow the same timing and procedure as set forth in this chapter, except that: Produced by the City of Tukwila, City Clerk's Office Page 9-31 Return to Titl+ Return to Ch. 9.50 TITLE 9 — VEHICLES AND TRAFFIC 1. Only one concurrency certificate shall be issued for all buildings proposed for phased development; 2. The concurrency certificate for an approved phased development shall be valid for five years from the date of its issuance; provided that a building permit is issued for a building within one year of the date of issuance of the concurrency certificate or within two years if an extension is timely requested and the request is granted. D. The Public Works Director or designee may approve an extension of up to one year of the concurrency certificate for the phased development, consistent with the terms of this chapter. E. In no case shall the concurrency certificate be valid for more than six years from the date of issuance of the certificate. The applicant must apply for a new concurrency test for any building approved for phased development that has not been issued a building permit within six years from the date of issuance of the concurrency certificate. (0riL 26w3:5 7,, 4'020 9.50.060 Exemptions Applications for single-family dwelling unit building permits, multi -family building permits for projects containing four or fewer units, short plats, any non-residential project that is categorically exempt from SEPA pursuant to TMC Section 21.04.080, .100, or .110, or any other project that will generate less than 30 net new P.M. peak hour trips shall be considered as exempt from meeting concurrency requirements and shall be automatically granted a concurrency certificate. The applicant is required to submit for a concurrency certificate, along with the associated fee, but is not subject to receiving a passing grade in order to obtain other development approvals. (i"),°ad,.26w3:5m 9;. .2020) 9.50.070 Vesting Applicants shall be vested under the laws, rules and other regulations in effect prior to the effective date of this chapter if they have, prior to the effective date of the ordinance codified in this chapter: 1. Submitted a building permit application that the City has deemed complete; or 2. Entered into formal negotiations with the City for a development agreement in accordance with RCW 36.70B.170 through 36.70B.210; or 3. Have a signed agreement with the City that is still in effect. (Or°ad,.26w3:5 1Q. '020) 9.50.080 Improvements to Concurrency Facilities A. The City shall provide, or arrange for others to provide, adequate facilities through construction of needed capital improvements in implementing strategies which do the following: 1. Achieve level of service standards for anticipated future development and redevelopment caused by previously issued and new development and building permits; and 2. Repair or replace obsolete or deteriorating facilities. B. Improvements to the facilities shall be consistent with the Transportation Element, Utilities Element and Capital Improvement Program of the Comprehensive Plan. (Or 263 i ;o 2020 9.50.090 Capital Facilities Plan and Capital Improvement Program The City shall include in the capital appropriations of its budget for expenditure during the appropriate fiscal year financial commitments for all capital improvement projects required for adopted level of service standards, except the City may omit from its budget any capital improvements for which a binding agreement has been executed with another party to provide the same project in the same fiscal year. (Of°ad,..2635 1.2;o .20 0) 9.50.100 Intergovernmental Coordination A. The City may enter into agreements with other local governments, applicable non -City managed utilities, King County, the state of Washington, and other facility providers to coordinate the imposition of level of service standards and other mitigations for concurrency. B. The City may apply standards and mitigations to development in the City that impacts other local jurisdictions. The City may agree to accept and implement conditions and mitigations that are imposed by other jurisdictions on development in their jurisdiction that impact the City. (Or 2635 §1 , 2020 9.50.110 Administrative Rules and Procedures The Public Works Department shall be authorized to establish administrative rules and procedures for administering the concurrency test system. The administrative rules and procedures shall include but not be limited to application forms, necessary submittal information, processing times, and issuance of the concurrency certificate. (Or .2635 4 202'0) Produced by the City of Tukwila, City Clerk's Office Page 9-32 Return to Titl+ Return to Ch. 9.50 TITLE 9 — VEHICLES AND TRAFFIC 9.50.120 Appeals A. Procedures. The applicant may appeal the results of the concurrency test based on three grounds: 1. A technical error; 2. The applicant provided alternative data or a traffic mitigation plan that was rejected by the City; or 3. Delay in review and approval caused solely by the City that allowed capacity to be given to another applicant. The applicant must file a notice of appeal with the Public Works Department within 15 days of the notification of the test results. The notice of appeal must specify the grounds thereof, and must be submitted on the form authorized by the Public Works Department. Each appeal must be submitted with the appeal fee set forth in TMC Section 18.90.010. B. Hearing Schedule and Notification. When the appeal has been filed within the time prescribed, in proper form, with the appropriate data and payment of the required fee, the Public Works Department shall transmit the appeal to the hearing examiner for scheduling. Notice of the public hearing shall be given to the applicant at least 15 days prior to the hearing date. C. Record. The Public Works Department shall transmit to the Hearing Examiner all papers, calculations, plans and other materials constituting the record of the concurrency test, at least 7 days prior to the scheduled hearing date. The Examiner shall consider the appeal upon the record transmitted, supplemented by any additional competent evidence, which the parties in interest may desire to submit. D. Burden of Proof. The burden of proof shall be on the appellant to show by a preponderance of the evidence that the Public Works Director was in error. (Or°ad,. 26w3:5 15, 2O20 9.50.130 SEPA Exemption A determination of concurrency shall be an administrative action of the City of Tukwila that is categorically exempt from the State Environmental Policy Act. (Or°ad,.26w3:5m 6;o .2020) Produced by the City of Tukwila, City Clerk's Office Page 9-33 Return to Titl+ TITLE 9 — VEHICLES AND TRAFFIC CIIHIIAIIP°°T'llEIR.. 9 63 Seetionsi 0.53.010 Automatcd traffic safcty camcras Dctcction of violations Rcstrictions 0.53.020 Noticc of infraction 0.53.030 Prima facic prcsumption 0.53.040 infractions proccsccd 0.53.050 Fi+ie 0.53.060 Noncxclusivc cnforccmcnt Ac City law cnforccmcnt officcrs and persons commissioncd by thc Tukwila Policc Chicf arc authorizcd to use automatcd traffic cafcty camcras and rclatcd automatcd systcros to dctcct and rccord thc imagc of vchicics cngagcd in violations in school spccd zoncs and public park spccd zoncs, as dcfincd by RCW 16.63.210(1; providcd, howcvcr, pictures of thc vchicic and the vchicic liccnsc platc may bc takcn only whilc an infraction is occurring, and thc picturc shall not rcvc�al thc facc of thc drivcr or of any passcngcrs in thc vchicic. 12, Each location whcrc an automatcd traffic safcty camcra is uscd shall bc cicarly markcd by signs placcd in locations that clearly indicatc to a drivcr that thc drivcr is cntcring a zonc whcrc traffic laws arc cnforccd by an automatcd traffic safcty camcra. C. "Automatcd traffic safcty camcra" means a dcvicc that uscs a vchicic scnsor installcd to work in conjunction with an intcrscction traffic control systcm or a spccd m asuring dcvicc, and a camcra synchronizcd to automatically rccord one or mom ccqucnccd photographs, microphotographs or cicctronic imagc) of thc roar of a motor vchicic at thc timc thc vchicic cxcccds a cpccd limit in a school zonc or city public park zonc as dctcctcd by a spccd m asuring dcvicc. 9.53.020 Whcncvcr any vchicic is photographcd by an automatcd traffic safcty camcra, a noticc of infraction shall bc mailcd to the rcgistcrcd owncr of thc vchicic within 14 days of thc violation, or to thc rcntcr of a vchicic within 14 days of cstablishing thc rcntcr's namc and addrecc. A person rccciving a noticc of infraction basod on cvidcncc dctcctcd by an automatcd traffic safcty camcra may respond to thc noticc by mail. 127 If thc rcgistcrcd owncr of thc vchicic is a rcntal car businccc, thc law cnforccmcnt agcncy shall, bcforc a noticc of infraction is iscucd, providc a writtcn noticc to thc rcntal car busincss that a noticc of infraction may bc issucd to thc rcntal car businccc if thc rcntal car busincsc docs not, within 18 days of rccciving thc writtcn noticc, providc to thc agcncy by rcturn mail: (1) a statcmcnt undcr oath stating thc namc and known mailing addrecc of thc individual driving or rcnting thc vchicic whcn the infraction occurrcd; or (2) a statcmcnt undcr oath that thc busincss is unablc to dctcrminc who was driving or rcnting thc vchicic whcn thc infraction occurrcd; or (3) in licu of idcntifying thc vchicic operator, thc rcntal car busincss may pay thc applicablc pcnalty. Timcly mailing of this statcmcnt to thc agcncy shall rclicvc the rcntal car busincss of any liability undcr this chaptcr for the infraction. C. Thc law cnforccmcnt officcr issuing a noticc of infraction chall includc with it a ccrtificatc or facsimilc thcrcof, bascd upon thc inspcction of photographs, microphotographs or cicctronic imagcs produccd by an automatcd traffic safcty camcra, citing the infraction and stating thc facts supporting thc noticc of infraction. This ccrtificatc or facsimilc shall bc prima facic cvidcncc of the facts containcd in it and shall bc admissiblc in a procccding charging a violation undcr this chaptcr. Thc photographs, microphotographs or cicctronic imagcs cvidcncing thc violation must bc availablc for inspcction and admission into cvidcncc in a procccding to adjudicatc thc liability for thc infraction. D. Thc rcgistcrcd owncr of a vchicic is rcsponsiblc for an infraction dctcctcd through thc use of an automatcd traffic safcty camcra unlcss thc rcgistcrcd owncr ovcrcomcs thc prcsumption cot forth in TMC Scction 0.53.030, or, in thc casc of a rcntal car businccc, satisfics thc conditions undcr TMC Scction 0.53.020.B. If appropriatc undcr thc circumstanccs, a rcntcr idcntificd undcr TMC Scction 0.53.020.B is rcsponsiblc for an infraction. i` All photographs, microphotographs or cicctronic imagcs prcparcd undcr this chaptcr arc for thc cxclusivc use of law cnforccmcnt in thc dischargc of dutics undcr this chaptcr and, as providcd in RCW 46.63.220111, , thcy arc not opcn to thc public and may not bc uscd in a court in a pcnding action or procccding unlcss thc action or procccding rclatcs to a violation undcr this chaptcr. No photograph, microphotograph or cicctronic imagc may bc uscd for any purposc othcr than cnforccmcnt of violation) undcr this chaptcr nor rctaincd longcr than ncccssary to cnforcc this chaptcr. 2736 2;o2024 O. 2'612' ,"';o 20 9) Produced by the City of Tukwila, City Clerk's Office Page 9-34 Return to Titl+ Return to Ch. 9.53 TITLE 9 — VEHICLES AND TRAFFIC 9.53.030 A In a traffic infraction cacc involving an infraction dctcctcd through thc usc of an automatcd traffic safcty camcra undcr this chaptcr, proof that thc particular vchicic dcccribcd in thc noticc of traffic infraction was involvcd in a school spccd zonc violation or city public park zonc spccd violation, togcthcr with proof that the person namcd in thc noticc of infraction was at thc timc of the violation thc rcgistcrcd owncr of thc vchicic, shall constitutc in cvidcncc a prima facic prccumption that thc rcgistcrcd owncr of thc vchicic was thc person in control of thc vchicic at thc point whcrc, and for thc timc during which, thc violation occurrcd. 127 This prccumption may bc ovcrcomc only if thc rcgistcrcd owncr, undcr oath, statcs in a writtcn statcmcnt to thc court or in tcstimony bcforc thc court that thc vchicic involvcd was, at the timc, stolcn or in thc carc, custody or control of somc person othcr than thc rcgistcrcd owncr. ((°a . ( 3, 2022; (Pr°a . 612 'o 20) 943,040 Infractions dctcctcd through thc usc of automatcd traffic cafcty camcras shall bc proccsscd in thc samc manncr as parking infractions. (Or '( ' 2''0 9) 0.53.050 Fine Thc finc for an infraction dctcctcd undcr thc authority of this chaptcr shall bc no morc than thc fincs cstablishcd in RCW 16.63.220(16), as now cnactcd or her aftcr amcndcd. Infractions dctcctcd through thc usc of automatcd traffic safcty camcras arc not part of thc rcgistcrcd owncr's driving rccord undcr RCW 16.52.101 and 16.52.120. Additionally, thc amount of thc fins issucd for an infraction gcncratcd through thc usc of an automata} traffic safcty camcra shall bc $145, as adjustcd for inflation by the officc of financial managcmcnt cvcry fivc years, bcginning January 1, 2020, bascd upon changcs in thc consumcr pricc indcx during that timc period, and is doublcd to $200 for a school spccd zonc infraction gcncratcd through thc usc of an automatcd traffic cafcty camcra. 137 Thc maximum pcnalty for infractions dctcctcd pursuant to thc provisions of this chaptcr shall not cxcccd thc maximum amount of finc iscucd for parking infractions within thc City. (r° .273613,202o t r .2616 `, 2019; ('fit° . a uo 2019t 9.53.060 Nothing in this chaptcr prohibits a law cnforccmcnt officcr from issuing a noticc of traffic infraction to a person in control of a vchicic at the timc a violation occurs undcr RCW 16.63.030(1)(a), (b) or (c). Or° . 2612 , 2019 Geetienei 0.54.010 0.54.020 0.54.030 0.54.040 IIHIIA IIkyIF E Ilia. 9 I �'Il ,UiC K. ROUTES f urposc and Policy Dcfinitiono Trucks Prohibitcd Enforccmcnt and Pcnalty 9,54,014 f urposc. Thc purposc of this chaptcr is to cstablish truck routcs within thc city that promotc compatiblc land uscs, cnhancc public safcty, and minimizc pavcmcnt maintcnancc and rcconstruction costs. B7 Pel+ey. 1. Providc roadways that arc safc for vchicics, bicyclists, and pcdcstrians to usc; 2. Providc truck routcs that follow thc guidance containcd in thc city's comprchcnsivc plan transportation cicmcnt (thc transportation plan); 3. Providc for thc transportation of hcaavicr products on roads (truck routcs) bcst dcsigncd to handlc thc additional pavcmcnt stress in ordcr to minimizc thc amount of maintcnancc and rcpair costs rcquircd on thosc strccts; 1. Rcstrict thc gross vchicic wcight of vchicics travcling on non truck routc roads cxccpt whcrc thc usc of thcsc roads is ncccscary to travcl from thc point of origin within thc city to the nearest truck routs, or from a truck routc to a dcstination point within thc city; 5. Limit thc numbcr of truck routcs to minimizc the numbcr of strccts that nccd morc cxpcnsivc pavcmcnt construction and morc frcqucnt maintcnancc work; 6. Protcct rccidcntial ncighborhoods from: a- Exccssivc truck traffic crating gratcr hazard) to pcdcstrians, bicyclists, and children; t} lncrascd congcstion and noisc pollution from truck traffic; and e- Minimizc pavcmcnt potholcs, ravcling, rutting, or othcr pavcmcnt distress conditions that causc hazards to motorcyclists, bicyclists, and pcdcstrians; 7. Finally, it is rccognizcd that during cmcrgcncy cituations, thc dircctor of public works or dcsigncc shall havc the authority to furthcr restrict loads or cr atc dctours for vchicics travcling on city roads. Or° . 2751 , 202' Produced by the City of Tukwila, City Clerk's Office Page 9-35 Return to Titl+ Return to Ch. 9.54 TITLE 9 — VEHICLES AND TRAFFIC 9,54420 Definitions Thc following words and tcrms, uscd in this chaptcr, shall havc thc following m anings cxccpt whcrc othcrwisc dcfincd : (A) "City" means thc City of Tukwila. (B) "Dcstination point" moans thc fixcd location that the operator of a vchicic must dircctly acccss in ordcr to load or unload goods, pasccngcrs or othcr cargo, or to perform scrviccs. (C) "Parking" moans that tcrm as dcfincd in RCW 46.04.381, as now or hcrcaaftcr amcndcd. (D) "Hazardous cargo" moans "hazardous matcrials," as dcfincd in RCW 70.136.020(1), as now or hcrcaftcr amcndcd. {€} "Scmitrailcr means that tcrm as dcfincd RCW 46.04.530, as now or hcrcaftcr amcndcd. (F) "Trailcr" moans that tcrm as dcfincd in RCW 46.04.620, as now or hcr aftcr amcndcd. (C) "Motor truck" moans that tcrm as dcfincd in RCW 16.01.310, as now or hcr aftcr amcndcd. (H) "Tractor" moans that tcrm as dcfincd in RCW 46.04.650, as now or hcr aftcr amcndcd. (I) "Truck tractor" moans that tcrm as dcfincd in RCW 16.01.655, as now or hcr aftcr amcndcd. (J) "Vchicic" moans that tcrm as dcfincd in RCW 46.04.670, as now or hcr aftcr amcndcd. (Or . 2757 2;o 2O2.4) . . 3.0 (A) Operation of thc following vchicics shall not occur upon and within thc routcs cstablishcd pursuant to this chaptcr: (1) Vchicics Rcstrictcd by Wcight, Width and/or Lcngth. Any motor truck, truck tractor, motor truck and trailcr combination, or truck tractor and scmitrailcr combination, which cxcccds cight foot in width, 26 fcct in total Icngth, or 26,001 pounds gross wcight, including load; or (2) Any vchicic transporting radioactivc matcrial; or (3) Any vchicic transporting hazardous cargo. (B) All trucks and vchicics idcntificd in Scction A aro prohibitcd from travcling on thc following routcs: Roadway &aft Step 4 2 a 4 6 6 8 9 49 44 42 48 44 46 46 48 12nd Avc S S 115th St S 116th St 43rd PI S 11 th 11#i--RCS 46th Avc S S 122nd 13rdAvcS 11 th 45th Avc 16thAvcS 17thAvcS 48th Avc S 40th Avc 50th Avc S 122nd Ln 51st PI S S 124th St 42nd Avc 42nd Avc S 116th St 43rd PI S 11 th 11#i--RCS 42nd Avc S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St 51 st PI 50th Avc S 124th St S 115th St EMarginal Way 43rd PI S 'H th S 122nd St 46th Avc S S 122nd St 44th PI S 124th St S 124th St S 124th St S 124th St S 124th St S 124th St S 124th St S 122nd Ln 51stPI Dead cnd (C) Thc prohibitions sct forth in this chaptcr shall not apply to thc following: (1) Thc operation of a vchicic upon any strcct whcrc dircctly and unavoidably ncccssary in ordcr to acccss or dcpart from a dcstination point. Whcn a dcstination point is not locatcd immcdiatcly adjaccnt to a Statc highway routc or a dcsignatcd truck routc, thc vchicic operator shall acccsc and/or dcpart from thc dcstination point using thc shortcst and most dircct City artcrial routc to and from thc ncaarest Statc highway routc or dcsignatcd truck routc. (2) Thc operation of cmcrgcncy and law cnforccmcnt vchicics. (3) Thc operation of any vchicic owncd or operatcd by thc City, a public utility or any contractor or matcrialman, whilc dircctly cngagcd in thc rcpair, maintcnancc or construction of strccts, strcct improvcmcnts, or strcct utilitics within thc City. (4) Thc operation of any vchicic within and pursuant to any officially cstablishcd tcmporary dctour routc. (5) Thc operation of any vchicic dircctly cngagcd in thc disposal, collcction and/or transport of wastc, including but not limitcd to rccyclablc matcrial, as a part of a rcgularly schcdulcd curbsidc or on sitc disposal or collcction scrvicc within thc Tukwila City limits; providcd, that this cxccption shall not apply to hazardous cargo or radioactivc matcrials. (6) Thc operation of passcngcr buscs, including but not limitcd to macc transit vchicics and school buscs. (7) Thc operation of vchicics dircctly cngagcd in transporting perishablc commoditics or commoditics ncccssary for thc h alth and wclfarc of local residcnts. i(P 2751 "';o 02.4 Produced by the City of Tukwila, City Clerk's Office Page 9-36 Return to Titl+ Return to Ch. 9.54 TITLE 9 — VEHICLES AND TRAFFIC 9,54,040 Violation of TMC 0.54.030 is a traffic infraction, with a monctary pcnalty of $250.00 ($250.00), including statutory afc^f3mcnts, providcd that signagc is crcctcd in a conspicuous placc at cach cnd of any rcsidcntial or collcctor strcct and the cntry to any cul do sac, stating that trucks ovcr 26,001 pounds gross wcight, including load, arc prohibitcd. 2751 §1, 20 ) Produced by the City of Tukwila, City Clerk's Office Page 9-37 Return to Title Go to Fig. 9-1 Pg. 2 Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses $4,438.73 $4,863.14 $5,345.42 $2,057.66 Residential Single Family dwelling $4,394.34 $4,814.51 $5,291.97 $2,037.08 Multi Family dwelling $2,012.22 $2,204.62 $2,423.26 $932.81 Retirement Community dwelling $821.17 $899.68 $988.90 $380.67 Nursing Home/Convalescent Center bed $976.52 $1,069.89 $1,175.99 $452.69 Assisted Living dwelling $1,154.07 $1,264.42 $1,389.81 $534.99 Residential Suites/Microunit apartment dwelling $1,331.62 $1,458.94 $1,603.63 $617.30 Commercial - Services Drive-in Bank sq ft/GFA $59.00 $64.64 $71.05 $27.35 Walk-in Bank sq ft/GFA $43.07 $47.19 $51.87 $19.97 Day Care Center sq ft/GFA $49.36 $54.08 $59.44 $22.88 Library sq ft/GFA $27.17 $29.76 $32.71 $12.59 Post Office sq ft/GFA $37.32 $40.89 $44.94 $17.30 Hotel/Motel room $2,663.24 $2,917.88 $3,207.25 $1,234.60 Service Station VFP $36,119.72 $39,573.32 $43,497.82 $16,744.00 Service Station/Minimart VFP $27,323.05 $29,935.54 $32,904.27 $12,666.13 Service Station/Minimart/Car Wash VFP $17,750.48 $19,447.70 $21,376.33 $8,228.58 Carwash (Self -Serve) Stall $15,983.87 $17,512.17 $19,248.86 $7,409.63 Movie Theater screen $339.56 $372.03 $408.92 $157.41 Health Club sq ft/GFA $16.21 $17.76 $19.52 $7.52 Racquet Club sq ft/GFA $12.72 $13.93 $15.31 $5.90 Public Park acre $488.26 $534.95 $588.00 $226.34 Golf Driving Range tees $5,548.41 $6,078.93 $6,681.78 $2,572.08 Batting Cages cage $9,853.98 $10,796.17 $11,866.83 $4,568.01 Multipurpose Recreational Facility sq ft/GFA $15.89 $17.41 $19.14 $7.37 Trampoline Park sq ft/GFA $6.66 $7.29 $8.02 $3.09 Bowling Alley sq ft/GFA $5.15 $5.64 $6.20 $2.39 Ice Skating Rink sq ft/GFA $5.90 $6.47 $7.11 $2.74 CasinoNideo Lottery Estab. With Food sq ft/GFA $59.88 $65.60 $72.11 $27.76 Commercial - Institutional Elementary School/Jr. High School student $754.58 $826.73 $908.72 $349.80 High School student $621.42 $680.84 $748.36 $288.07 University/College student $843.36 $924.00 $1,015.63 $390.96 Religious Institutions sq ft/GFA $2.17 $2.38 $2.62 $1.01 Hospital sq ft/GFA $3.44 $3.77 $4.15 $1.60 Commercial - Restaurant Quality Restaurant sq ft/GFA $19.39 $21.24 $23.35 $8.99 High Turnover Restaurant sq ft/GFA $24.72 $27.08 $29.77 $11.46 Fast Food Restaurant w/o drive thru sq ft/GFA $62.90 $68.91 $75.74 $29.16 Fast Food Restaurant w/ drive thru sq ft/GFA $72.51 $79.44 $87.32 $33.61 Drinking Place sq ft/GFA $37.85 $41.47 $45.58 $17.55 Coffee/Donut Shot w/ drive thru sq ft/GFA $19.26 $21.10 $23.19 $8.93 Industrial $0.00 $0.00 $0.00 $0.00 Light Industry/High Technology sq ft/GFA $2.80 $3.06 $3.37 $1.30 Industrial Park sq ft/GFA $1.78 $1.95 $2.14 $0.82 Warehousing/Storage sq ft/GFA $0.84 $0.92 $1.02 $0.39 Mini Warehouse sq ft/GFA $0.75 $0.83 $0.91 $0.35 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 1 of 2 Return to Title'. Go to Fig. 9-1 Pg. 1 Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses $4,438.73 $4,863.14 $5,345.42 $2,057.66 Commercial - Retail Shopping Center up to 9,999 sq ft sq ft/GLA $26.28 $28.79 $31.64 $12.18 10,000 sq ft-49,999 sq ft sq ft/GLA $16.49 $18.07 $19.86 $7.64 50,000 sq ft-99,999 sq ft sq ft/GLA $14.31 $15.67 $17.23 $6.63 100,000 sq ft-199,999 sq ft sq ft/GLA $13.02 $14.27 $15.68 $6.04 200,000 sq ft-299,999 sq ft sq ft/GLA $12.35 $13.53 $14.87 $5.72 300,000 sq ft-399,999 sq ft sq ft/GLA $12.18 $13.34 $14.67 $5.65 over 400,000 sq ft sq ft/GLA $12.62 $13.82 $15.19 $5.85 Miscellaneous Retail Sales sq ft/GFA $12.48 $13.68 $15.03 $5.79 Supermarket sq ft/GFA $26.25 $28.76 $31.61 $12.17 Convenience Market sq ft/GFA $106.81 $117.03 $128.63 $49.52 Nursery/Garden Center sq ft/GFA $21.56 $23.63 $25.97 $10.00 Furniture Store sq ft/GFA $1.08 $1.19 $1.31 $0.50 Car Sales - New/Used sq ft/GFA $10.97 $12.02 $13.21 $5.09 Auto Care Center sq ft/GLA $13.80 $15.12 $16.62 $6.40 Quick Lubrication Vehicle Shop Service Bay $15,069.49 $16,510.36 $18,147.70 $6,985.76 Auto Parts Sales sq ft/GFA $15.26 $16.71 $18.37 $7.07 Pharmacy (with Drive Through) sq ft/GFA $23.29 $25.52 $28.05 $10.80 Pharmacy (no Drive Through) sq ft/GFA $17.75 $19.45 $21.38 $8.23 Free Standing Discount Store sq ft/GFA $17.79 $19.50 $21.43 $8.25 Hardware/Paint Store sq ft/GFA $7.78 $8.53 $9.37 $3.61 Discount Club sq ft/GFA $11.69 $12.81 $14.08 $5.42 Video Rental sq ft/GFA $27.17 $29.76 $32.71 $12.59 Home Improvement Superstore sq ft/GFA $6.00 $6.57 $7.22 $2.78 Tire Store Service Bay $10,929.93 $11,975.00 $13,162.56 $5,066.78 Electronics Superstore sq ft/GFA $13.24 $14.50 $15.94 $6.14 Commercial - Office Administrative Office up to 9,999 sq ft sq ft/GFA $5.27 $5.78 $6.35 $2.44 10,000 sq ft-49,999 sq ft sq ft/GFA $4.83 $5.30 $5.82 $2.24 50,000 sq ft-99,999 sq ft sq ft/GFA $4.63 $5.08 $5.58 $2.15 100,000 sq ft-199,999 sq ft sq ft/GFA $4.47 $4.90 $5.39 $2.07 200,000 sq ft-299,999 sq ft sq ft/GFA $4.35 $4.77 $5.24 $2.02 over 300,000 sq ft sq ft/GFA $4.31 $4.73 $5.20 $2.00 Medical Office/Clinic sq ft/GFA $10.92 $11.96 $13.15 $5.06 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 2 of 2 Return to Title Vehicles by Weight Class Class bne:6, 1b5 or - eulll Sire P ckup Min Packup Muurivan, City Delivery City Delivery 0 Conventional Van r i r arwurirr Furniture 00 0 Refiusc St1V 0 8u$ Minivan 5teEr Wan U I" iciltl Profile Sem Tow CIEight: 33m Heavy Seron tractor Durum 0 Semi Sleeper Figure 9-2 City of Tukwila, WA Chapter 1'1.011 Title 14 WATER AND SEWERS § 14.04.180. WATER RATES AND REGULATIONS § 14•04•010. § 14.04.020. § 14.04.030. § 14.04.040. § 14.04.050. § 14.04.070. § 14.04.071. § 14.04.072. § 14.04.074. § 14.04.076. § 14.04•030. § 14•04•0490• § 14.04.110. § 14.04.120. § 14.04.122. § 14.04.125. § 14.04.130. § 14•04•150. § 14.04.160. § 14.04.165. § 14.04.170. § 14.04.175. Definitions: Required; E ffccty c Datc o f Contr..ct. Conn coon Procca..r, Conn coon In nilllation Charge. Conn etio ncation �cmrirccciv czrcivzr. Cein seta,_. to Wx to Main. ��mnr��c�mr " c�rz.=z�rr. f Co nta Water Fee to Turn Water AZctcr On. Co. t of Chino f a Turn by City. Required; Plan. T1 to Use. \T. s §1404.90. § 14.04.200. § 14.04.210. § 14.04.220. § 14.04.230. § 14.04.240. § 14.04.250. §-44:04460. § 14.04.270. § 14.04.280. § 14.04.290. § 14.04.300. § 14.04.310. § 14.04.330. \n_ol,.tio_. ofSceta,._ City Control of Water Use. Us, fW,.tc.. R strictca s�-or-.r���n��� Dering-Rrc. Mitnte Rates -for -Metered -Water: F.rc Protection. Payment of Charges Tina...... to o ccciy c Bill Connection -Without sir. Chapter 14.06 BACKFLOW PREVENTION § 14.06.010. § 14.06.030. § 0. § 14.06.050. 0. § Authority. Definitions; Croos-Gimneetions-Deelareel d U. ann,..,n__ Prewntion Supplies;Regitlationter RI Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City f Tukwila, WA TUKWILA CODE §1..p6.0 liefen..cntr._l J �� "" "�"SOT Cro Conned_,_, a_.a a....,..,,.nrc_,cntion Asseniblies—PfeeediffeT s Chapter 14.08 SEWACE WASTE DISPOSAL SYSTEMS Chapter 11.12 SEWER RECULATIONS § 14.12.020. Definitions: § 14.12.030. Notice Conncc on § 14.12.040. Payment. § 14.12.05,0. § 14.12.060. R-ectuir-ed. § 14.12.070. § 14.12.080. Permit. § 14.12.090. Permit to Con t.-net , § 14.12.100. A ddi fionat Work Permit § 14.12.110. Ncw Pc nt cc. § 14.12.120. Vie -Limit. § 14.12.130. § 14.12.140. Work WTitho t a Permit. § 14.12.15,0. Sew* § 14.12.170. § 14.12.180. § 14.12.190. ' § 14.12.210. § 14.12.220. Ob tr._ctca o.. § 14.12.230. § 14.12.240. § 14.12.250. § 14.12.260. § 14.12.263. § 14.12.265. § 14.12.270. § 14.12.280. § 14.12.290. § 14.12.300. § 14.12.310. § 14.16.010. § 14.16.020. § 14.16.030. § 14.16.050. § 14.16.070. § 14.16.072. § 14.16.074. § 14.16.076. nubile Sc__ , n Drain r. _.t.,.0 t Ste,._.. a_.a not Water. S._1.,.tancc into Public Se c n..ct..catmcnt Faci1i fie. Enf nt Lien Collection Notice. Chapter 11.16 SEWER CHARGES DeRnifie Date-of-Gommeneentent-and Charges. Pay. Agreement Charges. \ Ta t e ..ter Trc..tmcnt Vie7, Payment. Credit. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA WATER AND SEWERS § 14.16.078. § 14.16.080. § 14.16.090. §FAO: § 14.16.110. Con formancc to —Litteftikind-TPUSewer Tcdicafion.. Po,_cc no__ , . Chapter 14.17 ALLENTOWN SEWER AND WATER CONNECTIONS § 14.17.010. Pha. c 1 Sc__ c.. Conned.,. Charge. § 14.17.020. Allefttowitill Charges. § 14.17.030. Phase I Scrvicc Arca Boundaries; § 14.17.040. § 14.17.050. 1 ncnto__ n Pha. c 2 and Fuster-Ponit-Sewer § 14.17.060. 1 ncnto__ n Pha. c 2 and Footer-Point-Sewer § 14.17.070. Phase 2 Service Arca Boundaries; § 14.17.080. Chapter 14.1g DUWAMISH SEWER AND WATER CONNECTIONS § 14.18.010. § 14.18.020. § 14.18.030. § 14.18.040. Sewer-Gonneetion Sewer Scrvicc Arca Boundaries; Charges. Water Scrvicc Arca B, _.a, § Chapter 14.19 TUKWILA SOUTH AND ORILLIA ROAD SEWER CONNECTIONS 14.19.010. § 14.19.020. § 14.19.030. Sewer Connection Requirements and Fees. Service Area Boundaries. Funding Recovery Review. Chapter 1'1.20 COMPREHENSIVE SEWER PLAN § 14.20.010. § 14.20.020. . § 14.24.010. § 14.24.020. § 14.24.030. § 14.24.040. § 14.24.050. § 0. § 14.24.070. § 14.24.080. § 4990. Chapter 11.21 FIRE HYDRANTS Type. Coverage. Accc ibili Con. tru ti Ten.. t \Tio1ation. Pcna,tic.. Chapter 11.2g STORM AND SURFACE WATER UTILITY § 14.28.010. Creation o f Storm and § 14.28.020. § 14.28.030. § 14.28.040. 3. § 14.28.050. Storm..na Surf..,, Watcr § 14.28.060. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA TUKWILA CODE § 14.28.070. § 14.28.080. Civil Penalties. Chapter 14.30 SURFACE WATER MANAGEMENT § 14.30.010. § 14.30.020. § 14.30.030. § 14.30.040. § 14.30.050. § 14.30.060. § 14.30.070. § 14.30.080. § 14.30.085. § 14.30.090. § 14.30.100. § 14.30.110. § 14.30.120. § 14.30.130. § 14.30.140. § 14.30.150. § 14.30.160. § 14.30.170. § 14.30.180. § 14.30.190. § 14.30.200. Authority. Purpose and Intent. Definitions. Applicability. Compliance. Standards. Permits. Compliance Required. Maintenance Required. Inspection Authority and Procedure. Inspection and Maintenance Schedule for Stormwater Flow Control and Water Quality Treatment Facilities. Maintenance Covenant Required for Stormwater Flow Control and Water Quality Treatment Facilities. Inspection and Maintenance Records. Special Drainage Fee. Inlet Marking. Trash and Waste Receptacles. Financial Guarantees. Insurance. Discharge Prohibitions. Allowable Discharges. Conditional Discharges. § 14.30.210. § 14.30.220. § 14.30.230. § 14.30.240. § 14.30.250. Best Management Practices. Liability. Enforcement Authority, Procedure, and Penalties. Injunctive Relief. Appeals. Chapter 14.31 ILLICIT DISCHARGE DETECTION AND ELIMINATION Chapter 1'1.32 STORM AND SURFACE WATER RATES AND CHARGES § 14.32.010. § 14.32.020. § 14.32.030. § 14.32.040. § 14.32.050. § 14.32.060. § 14.32.070. Per-pose7, Dermitiens7, Charges. Service Charge Chapter 1'1.36 UTILITY CONCURRENCY STANDARDS § 14.36.010. § 14.36.020. § 14.36.040. Sewer System Mitigittion7 Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.010 WATER AND SEWERS § 14.04.050 CHAPTER 1'1.011 WATER RATES AND REGULATIONS A "Director," whcrcvcr u3cd in TMC Title 14, mcan3 thc Director of Public Work3 or hi3 or her dc3igncc. 147 "Department," whcrcvcr u3cd in TMC Title 14, mcan3 thc Department of Public Work3. E "Person," whcrcvcr uscd in TMC Title 11, moans and includcs natural persons of cithcr ccx, associations, partnerships, or corporations, whcthcr acting by themselves or by a ervant, agent or employee; thc Singular number includc3 thc plural and thc ma3culine pronoun includc3 thc feminine. (Ord. 2313 § 1 (part), 2010) Any per3on dc3iring to bc conncctcd with thc City water Supply 3y3tcm 3ha11 make application thcrcfor to thc Department. Application3 3ha11 bc made upon a printed form furni3hcd for that purpo3c, which application 3ha11 contain a dc3cription of thc property whcrc 3uch water Supply is dcsircd, thc size f thc service pipc, and shall bc signed by thc wncr f thc pr perty t be ccrved or his duly authorizcd agent. (Ord. 2313 § 1 (part), 2010) The application providcd for in Scction 111.0'1.020 shall contain a contract on thc part of the per3on making thc Same to pay for thc water applied for at thc rate and in thc manner 3pccificd in 3uch contract, and 3ha11 rc3crvc to thc City thc right to charge and to collcct thc ratc3 and enforce thc penaltic3 providcd for in thi3 chapter, in thc manner hcrcin providcd; to change the ratc3 at any time by ordinance; to temporarily di3continuc thc Service at any time without notice to thc consumer; and shall spccify that said contract is subjcct to all thc provisions of this chapter thc City 3ha11 not bc hcld rc3pon3iblc for any damage by water or othcr cau3c rcaulting from defective plumbing or appliancc3 in thc property 3upplicd with water, in3talled by thc owncr or occupant of Said property; and 3ha11 provide that in ca3c thc Supply of water 3ha11 bc interrupted or fail by any rca3on, thc City 3ha11 not bc hcld liable for damagc3 for 3uch interruption or failure, nor shall such intcrruptions or failures for any reasonable period of time bc hcld to constitutc a breach of contract on thc part of thc City or in any way relieve thc consumer from performing thc obligation3 of hi3 contract. (Ord. 2313 § 1 (part), 2010) § 14.04.040. Effective Date of Contracts. All contract3 3ha11 take cffcct from thc day thcy arc 3igncd and ratc3 3ha11 bc charged from the day thc property i3 conncctcd with thc City water Supply. (Ord. 2313 § 1 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.050 TUKWILA CODE § 14.04.074 Upon the prc3entation to thc Dircctor of thc receipt for thc in3tallation fcc3, thc Dircctor 3ha11 cause thc property dcscribcd in thc application to bc connected with thc City's water main by a 3crvicc pipc cxtcnding at right anglc3 from thc main to thc property linc and including a Stopcock placed within thc linc3 of thc 3trcct curb, which ction 3ha11 4hcrcaftcr be . ntainca fd kcpt within thc cxclu3ivc control of thc City. (Ord. 2313 § 1 (part), 2010) Thc current rcquircmcnt3 of thc Tukwila Municipal Codc, thc Tukwila Public Work3 Department, thc Tukwila Fire Department, thc Rulc3 and Regulation3 of thc Wa3hington State Department of health, thc Uniform Plumbing Codc, American Water Work3 Association Standards, and thc American Public Works Association Standards shall bc mct and apply to any and all water main in3tallation3, cxtcn3ion3, 3crvicc conncction, irrigation 3prinklcr conncction3, hydrant conncction, fire 3prinklcr and fire main conncction3, and branchc3 hereinafter in3talled in thc City. Detailed criteria and permit rcquircmcnt3 arc available through thc City of Tukwila Infra3tructurc and Development Standard3. (Ord. 2313 § 1 (part), 2010) Thc water meter 3ha11 bc in3tallcd by thc City water utility. Thc water meter in3tallation fcc 3ha11 bc payable at thc time of application for conncction. Whcncvcr thc fcc i3 not 3ufficicnt to cover thc total cxpcnsc for labor, materials, and ovcrhcad, thc deficit shall bc chargcd to thc property for which in3tallation wa3 made and to thc owncr thereof. Any cxcc33 payment 3ha11 bc returned to thc per3on applying for thc in3tallation. (Ord. 2313 § 1 (part), 2010) § 14.04.071. Regular Connection Charge. In ordcr that property owncr 3ha11 bear thcir cquitablc 3harc of thc coat of thc City'3 cntirc water 3y3tcm, thc property owncr 3ccking conncction to thc water 3y3tcm of thc City 3ha11 pay, prior to connection to a City water 3y3tcm, a regular water meter in3tallation charge in accordance with thc fcc 3chcdulc to bc adopted by motion or rc3olution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) In addition to thc regular conncction charge impo3cd undcr TMC Scction 14.04.071, a 3pccial connection charge shall bc paid by thc owners of propertics that have not bccn assessed or chargcd or borne thc coat of private development of main3 or latcral3 or borne an equitable 3harc of thc coat of thc City water 3y3tcm. Thc 3pccial conncction charge 3ha11 bc computed a3 provided in TMC Scction 14.04.074 in thc ab3cncc of latccomcr3' agrccmcnt3, Local Improvement Di3trict3, or Special a33c33mcnt ordinancc3. (Ord. 2313 § 1 (part), 2010) A Thc 3pccial conncction charge impo3cd by TMC Scction 14.04.072 3ha11 bc paid to the Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.074 WATER AND SEWERS § 14.04.120 water fund and 3hall be computed in accordance with RCW 35.44.030 and 35.44.040. 147 If thc property for which a 3pccial conncction charge ha3 bccn paid i3 3ub3cqucntly includcd in a Local Improvcmcnt District for thc construction of watcr mains or lateral linc3 of a 3imilar nature, thc amount 3o paid 3hall bc crcditcd to thc a33c33mcnt again3t 3uch property and 3uch amount 3hall bc paid from thc water fund to 3uch Local Improvcmcnt Di3trict fund. (Ord. 2313 § 1 (part), 2010) In additi n t thc regular c nnccti n chargc imp 3cd undcr TMC Sccti n 111.0'1.071 and any 3pccial c nnccti n chargc3 undcr TMC Sccti n 1'1.0'1.072, a rcgi nal 3y3tcm gr wth fcc kn wn ad thc Rcgi nal Capital Facilitic3 Chargc (RCFC) 3hall bc paid f r all ncw rc3idcntial, multi family h u3ing, r c mmcrcial 3crvicc c nnccti n3 n r aftcr January 1, 2003, f r rcgi nal capital c 3t3 a33 ciatcd with ncw 3upply and tran3m1331 n f water. Pr perty wncr3 3hall pay the RCFC prior to permit i33uancc for connection to a City water 3y3tcm. Thc fcc for thi3 expen3c 3hall bc c3tabli3hcd by thc Ca3cadc Water Alliance and pa33cd thr ugh with ut additi nal markup. (Ord. 2313 § 1 (part), 2010) Whcncvcr thc wncr r ccupant f any pr perty c nncctcd with thc City watcr 3upply 3y3tcm dc3irc3 t u3c thc watcr, hc 3hall n tify th thc pr perty. Thc wncr 3hall leave hi3 p rti n f thc 3crvicc cxp 3cd in thc trench until it ha3 bccn in3pcctcd and thc water turncd n, when hc 3hall immediately c vcr thc pipc. (Ord. 2313 § 1 (part), 2010) All water u3cd f r any purp 3C thcr than firc pr tccti n 3crvicc 3hall bc 3upplicd thr ugh a meter. Every hou3c or building supplied by City water mu3t in3tall it3 own 3cparatc 3crvicc c nnccti n with the City main, and the h u3c r building 3 3upplicd will n t be all wed t 3upply water t thcr3, except temp rarily whcrc thcrc arc n main3 in thc 3trcct. Whcn a ncw main i3 laid in any 3trcct, wncr3 fpr perty n thc 3trcct wh arc bcing 3upplicd with City watcr fr m a private main r a c nnccti n t a private 3crvicc Shall make applicati n f r a tap and 3hall c nncct up with a 3cparatc 3crvicc c nnccti n t thc main in fr nt f the pr perty. (Ord. 2313 § 1 (part), 2010) A change in thc 3izc r 1 cati o f ba3i3 of the co3t of matcrial3 and labor involved in making said change, plu3 admini3trativo vcncead. (Ord. 2313 § 1 (part), 2010) Whenever any water cu3t mcr dc3irc3 t di3c ntinuc thc u3c f watcr f r a peri d f n t lc33 than nc m nth, hc 3hall make writtcn applicati n t have thc watcr turned ff and pay all arrcar3 Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.120 TUKWILA CODE § 14.04.160 in full. A charge in accordance with thc f thc Tukwila City Council will bc a33c33cd to turn water on. No rcduction of ratc3 will bc made for 1c33 than one month, or without thc application prc3cribcd in thi3 3cction. Work performed out3idc of normal working hour3, duc to cu3tomcr rcquc3t, will receive an additional charge in accordance with thc fcc 3chcdulc to bc adopted by motion or rc3olution of thc Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.122. Special Meter Read. Whcncvcr a watcr customer dcsircs to have thc watcr meter read outside thc watcr department':, normal meter reading schedule, a writtcn application 3ha11 bc 3ubmittcd 3pccifying thc rcquc3tcd read date. A fcc will bc charged for thi3 meter reading scrvicc in accordance with thc fcc 3chcdulc to bc adoptcd by motion or rc3olution of thc Tukwila City Council. (Ord. 2313 § 1 (part), 2010) A Whcn water 3crvicc cu3tomcr3 arc 60 day3 in arrcar3, a 3hut off noticc 3ha11 bc mailed or po3tcd. Thcrc 3ha11 bc a 3crvicc charge on water account3 for all 3hut off noticc3 in accordance with thc fcc 3chcdulc to bc adopted by motion or rc3olution of thc Tukwila City Council. This fcc will bc applied first bcforc regular scrvicc charges arc crcditcd. Pr All monic3 in arrcar3, which i3 dcfincd a3 thc amount owing eleven day3 after thc billing date, arc duc upon rcccipt of a 3hut off noticc. To avoid water 3hut off, arrangcmcnt3 for payment may bc madc with thc Financc Dircctor. Whcn water i3 u3cd after thc meter ha3 bccn turned off and locked for non payment, an unauthorized water turn on fcc will bc charged in accordance with thc fcc 3chcdulc to be adoptcd by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) Whcn watcr has bccn shut off by thc City for any causc and is turned on again or allowed or cau3cd to bc turned on by thc owncr without writtcn application, no rcmi33ion of ratc3 will be made on account of it3 having bccn 3hut off, and thc Dircctor may thcn 3hut off thc water at the main or remove a portion of thc 3crvicc conncction in thc 3trcct, and 3ha11 charge thc actual coat of cutting out and rcin3tating thc water Supply to thc owncr of thc property. (Ord. 2313 § 1 (part), 2010) § 14.04.150. Water Utility Billing. All account3 for water 3ha11 bc thc rc3pon3ibility of thc owncr of thc property for which the Service wa3 in3tallcd rcgardlc33 of whcthcr thc property ha3 a tenant and/or third party paying agents. A fcc will bc charged for thc administrative cost of updating thc utility rccords for changc3 in owncr3, tcnant3, and third party paying agcnt3 in accordance with thc fcc 3chcdulc to bc adopted by motion or rc3olution of thc Tukwila City Council. (Ord. 2313 § 1 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.160 WATER AND SEWERS § 14.04.175 It i3 unlawful for any per3on to make any connection with any Service or branch pipc thcrcof, or to make any repairs, additions, or alterations of any pipc, stop, or waste, or any fixture:, connected or dc3igncd to bc connected with thc City water 3y3tcm, cxccpt in compliance with thi3 chapter. (Ord. 2313 § 1, 2010) § 14.04.165. Water Shortage Response Plan. A water 3hortagc rc3pon3c plan i3 rcquircd by thc wholc3alc water 3upplicr, thc Ca3cadc Water Alliance, and by thc public welfare to cffcct con3crvation of water during water cmcrgcncic3. A water 3hortagc rc3pon3c plan for thc Tukwila water 3y3tcm, a3 rcquircd by WAC 246 290 42, shall bc updated by thc Council a3 rcquircd. (Ord. 2313 § 1 (part), 2010) A Upon finding that an cmcrgcncy 3ituation cxi3t3, thc Dircctor Shall: Immediately 3cck to communicate with thc Mayor and Council through thc fa3tc3t mcan3 fca3iblc to advi3c them of thi3 cmcrgcncy 3ituation and thc rca3on for 3uch rc3triction3. 27 Immediately take 3tcp3 to notify thc public within thc Service arca affected through thc media and othcr mcan3 to advi3c Said water u3cr3 of 3uch cmcrgcncy water con3crvation mca3urc3 and thc nccc33ity thereof. Implement 3uch mca3urc3 and rcgulation3 a3 may bc nccc33ary to implement water u3c rc3triction3 under thi3 ordinance and thc plan adopted in TMC Scction 14.04.165. 147 Thc Mayor, upon finding that an cmcrgcncy 3ituation cxi3t3 which thrcatcn3 to 3criou3ly di3rupt or dimini3h thc municipal water 3 to di3tributc thc available Supply on a ju3 rc3idcntial, indu3trial and commercial u3cr3 who purcha3c water. Upon declaration of a water Supply cmcrgcncy by thc Mayor, no water 3ha11 bc u3cd for nonc33cntial outdoor u3c3 including, but not limited to, irrigation of lawn3, thc wa3hing of earn, drivcway3 or othcr outdoor 3urfacc3 by any cu3tomcr at any rc3idcncc, apartment tho3c condition3 a3 3pccificd by thc Dircctor. Thc3c rc3triction3 arc to bc implemented even though more rc3trictivc than thc plan provi3ion3 and 3ha11 in no way limit indoor rationing provi3ion3 of thc plan. (Ord. 2313 § 1 (part), 2010) § 14.04.175. Violations. A7 Thc Dircctor 3ha11 bc authorized to impo3c 3anction3 and/or 3urchargc3 upon tho3e cu3tomcr3 within thc affected arca who rcfu3c or othcrwi3c fail to comply with the cmcrgcncy con3crvation mca3urc3 dircctcd by levying a 3urchargc in accordance with the fcc schedule to bc adopted by motion or resolution of thc Tukwila City Council and/or di3connccting water Service to Said cu3tomcr3. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.175 TUKWILA CODE § 14.04.230 Thc rc3tricti n3 and 3urchargc 3ha11 n t c mpr mi3c thc health, 3afcty r welfare f the public. Exemption from the imposition of a 3urchargc may be granted by the Mayor or Dircct r in thc May r'3 absence, up n written request, if it is f and that a 3urchargc will c n3titutc an unduc burdcn n thc cu3t mcr. (Ord. 2313 § 1 (part), 2010) It i3 unlawful for any person willfully to place any automatic 3prinkling device in a wa3tcful manner or willfully to place or to hold any ho3c in 3uch po3ition or manner that water fall3 on any person whilc on any public strcct or sidewalk. (Ord. 2313 § 1 (part), 2010) If any person violates any provision of TMC Scction 1'1.0'1.180, thc City shall shut off the watcr furnished to thc property upon which 3uch violation is made, and 3hall charge a fcc for turning on thc water in accordance with thc fcc S Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.200. City Control of Water Use. Thc City rescrvcs thc right in ca3c of a 3hortagc of water from any cause to make an ordcr forbidding or 3u3pcnding thc use of water for 3prinklcr or irrigation, or to fix thc hour3 durin_ which thc Samc may bc done, by proper noticc. Any person violating such ordcr 3hall have his watcr shut off by thc City and shall pay a fcc for having thc watcr turned on again as in accordancc with thc fcc 3chcdulc to bc adopted by motion or resolution of thc Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.210. Usc of Water Restricted During Fire. It is unlawful for any person to use water for irrigation or 3prinkling during thc progress of any firc in thc City, unlc33 for thc protection of property; and all irrigation and 3prinkling shall atop whcn an alarm of fire is 3oundcd, and 3ha11 not bcgin again until thc firc i3 extinguished. (Ord. 2313 § 1 (part), 2010) Thc City rescrvcs thc right at any time, without noticc, to 3hut off thc water Supply for repairs, extcn3ion3, nonpayment of rates, or any othcr rca3on, and thc City 3ha11 not bc responsible for any damage such as bursting of boilcrs supplicd by dircct prcssurc, thc broa.king of any pipe or fixtures, 3toppagc3 or intcrruption3 of water Supply, or any othcr damage rc3ulting from the Shutting off of water. (Ord. 2313 § 1 (part), 2010) All mctcr3 on 3crvicc3 of consumers 3ha11 bc and remain thc property of thc City. In all ca3c3 whcrc mctcr3 arc lost, injurcd or brokcn by carcic33nc33 or ncgligcncc of owners or occupant3, Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.230 WATER AND SEWERS § 14.04.250 and in the ca3c of nonpayment, the water 3hall be 3hut off and will not be turned on until 3uch fcc and the charge for turning on the water arc paid. In event of the meter getting out of order or failing to rcgi3tcr properly, thc con3umcr 3hall bc charged on an c3timatc made by the Dircctor on thc average monthly con3umption during thc la3t thrcc month3 that thc 3amC wa3 in good ordcr or from what hc may con3idcr thc moat reliable data at hi3 command. (Ord. 2313 § 1 (part), 2010) Thc ratc3 for mctcrcd water 3upplicd within thc City for commercial/ indu3trial cu3tomcr3, in nc m nth increments r any fracti nal schedule to bc adopted by motion or rc3olution of thc Tukwila City Council. 147 Singlc family cu3tomcr3 (onc dwelling unit): Each 3inglc family rc3idcncc 3hall bc charged City Council. E Multi family cu3tomcr3 (more than onc dwelling unit): Each dwelling unit 3hall bc charged City Council. D- Every per3on 62 ycar3 of age or oldcr (if married, thcn cithcr 3pou3c) and every per3on totally and permanently disabled residing in a separately mctcrcd dwelling and who i3 paying dircctly for 3uch 3cparatcly billcd 3crvicc cithcr a3 owncr, purcha3cr or rcntcr and who3c individual di3po3ablc incomc if a 3inglc per3on, or who3c combined di3po3able incomc, if a married couplc, from all 3ourcc3 i3 1c33 than $32,000 per year, 3ha11 pay a rate equal to 50%, of all water 3crvicc chargc3. Evcry 3uch per3on 3ha11 filc with thc Finance Department thcir affidavit that hc or 3hc i3 qualified to bc charged thc 3pccial rate. Such affidavits arc to contain information as rcquircd by thc Financc Dircctor in ordcr to c3tabli3h cligibility. Each affidavit will a13o include an unqualified promi3c to inform the City of any changc3 in financial condition that would di3qualify thc per3on for thc 3pccial ratc3. Thc Financc Dircctor may rcquirc affidavit3 on an annual ba3i3 if deemed nccc33ary. Tukwila'3 currcnt fcc 3chcdulc will bc reviewed annually and at 3uch time thc City may amend thc water ratc3 to rcflcct thc City'3 incrca3cd co3t3. (Ord. 2313 § 1 (part), 2010) § 14.04.250. Fire Protection. Any 3crvicc conncction to thc main for a firc 3prinklcr 3y3tcm 3ha11 bc approved in advance by thc City, and 3ha11 bc in3tallcd at thc cxpcn3c of thc owncr, and fittcd only with 3uch fixturc3 a3 arc nccdcd for firc protcction and mu3t bc entirely di3conncctcd from tho3c u3cd for othcr purpo3c3. 147 Any 3crvicc conncction othcr than firc 3prinklcr in3tallcd on private property for fire protcction, and fittcd with firc hydrant3, 3tand pipc3 or othcr outict3 for firc protcction, 3ha11 bc approved in advance by thc City. E It i3 unlawful for any per3on to fail, ncglcct or rcfu3c to give thc Dircctor or hi3 duly authorized rcprc3cntativc frcc aCCC33 at all rca3onablc hour3 to all part3 of premi3c3 supplied with water from thc City main3 for thc purpo3c of in3pccting thc condition of pipc3 and fixtures and noting thc amount of water bcing uscd and thc manner in which it is uscd. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.250 TUKWILA CODE § 14.04.310 147 The ratc3 for water 3upplicd for fire protection purpo3c3 cxclu3ivcly 3hall be deemed service chargc3 and 3hall bc, for any one month or fractional part thcrcof, charged in accordance with thc fcc 3chcdulc to bc adopted by motion or rc3olution of thc Tukwila City Council. E7 Water u3cd for any othcr purpo3c than for firc protcction 3crvicc Shall bc dccmcd a3 thcft and thc owncr will bc made liable for thc coat of water u3cd and a meter 3ha11 bc required on any firc protcction 3crvicc conncction. (Ord. 2313 § 1 (part), 2010) Thc ratc3 for water 3upplicd to con3umcr3 not within thc City limit3 3hall bc a3 follow3: The Same rate 3chcdulc a3 providcd in TMC Scction3 14.04.240 and 14.04.250 3hall apply. Thc above rates to consumers outsidc thc City limit City limit3, providcd that nothing in thi3 3cction 3hall prevent thc City Council from fixing othcr and different ratc3 for thc 3alc of water to water di3trict3, providcd that all mctcr3 for mca3uring water to outsidc con3umcr3 arc in3tallcd within thc City limit3 or within thc limit3 of ca3cmcnt3, franchi3c3, or right3 of way bclonging to thc City. (Ord. 2313 § 1 (part), 2010) All water chargc3 and related fcc3 3hall bc duc and payable on thc fir3t day of each and every month for thc water con3umcd and thc 3crvicc3 providcd during thc prcviou3 month and 3hall be paid to thc Financc Department. In all cases whcn thc watcr bill becomes dclinqucnt, thc Dircctor may 3hut off thc water and 3hall not turn it on again until all arrcaragc3 have bccn paid. All bill3 will become dclinqucnt on thc eleventh day of thc month following thc month that thc water wa3 con3umcd. Intcrc3t will bc charged on dclinqucnt balancc3 30 day3 in arrcar3 in accordance with thc fcc 3chcdulc to bc adopted by motion or rc3olution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.280. Failure to Receive Bill. Failure to receive a bill will not bc recognized a3 a valid cxcu3c for failure to pay fcc3 whcn duc. Change of owncr3hip of property and change in mailing addre33 mu3t bc filed in writing with the Financc Dircctor. (Ord. 2313 § 1 (part), 2010) It is unlawful for any person to bathc in or to throw any substance into any reservoir, watcr tank, or impounding dam3 of the City water 3y3tcm. (Ord. 2313 § 1 (part), 2010) It i3 unlawful for any person to make conncction3 with any fixturc3 or to conncct any pipc with any water main or water pipc bclonging to thc water 3y3tcm or to opcn or to clone any valvc3 in thc 3y3tcm without fir3t obtaining penni33ion from thc Dircctor. (Ord. 2313 § 1 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.310 WATER AND SEWERS § 14.04.330 § 14.04.310. Supervisor Authority — Appeal to Council. The Director shall have authority to decide any question that may arise and that is not fully covered in this chapter, and his decision shall be final unless an appeal is made to the City Council. In such a case, the decision of the Council shall be final. (Ord. 2313 § 1 (part), 2010) § 14.04.330. Temporary Water Meters. A. Temporary water meters are available on a rental basis from the Public Works Department, with the rental deposit amount charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Meters are to be used only for the designated project. C. Meters are to be returned promptly upon completion of the project or at the end of 60 days, whichever comes first. D. Meters are to be returned in the same condition as when rented. The user is responsible for meter damage and shall pay all costs related to repair. Lost or stolen meters are the responsibility of the renter and renter shall pay all costs associated with replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated amount of water used. E. Meters may be moved from one hydrant to another within the same project providing: 1. Water Department is notified in advance of proposed relocation; 2. Hydrant wrenches are used in making all connections and disconnections. F. Rates for water usage through temporary meters shall be charged in accordance with the June through September Commercial/ Industrial fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.06.010 WATER AND SEWERS § 14.06.050 CHAPTER 14.06 BACKFLOW PREVENTION ASSEMBLIES The purpo3c of thi3 chapter i3 to protcct thc public water 3y3tcm from contamination duc to backflow through cro33 conncction3, and eliminate or control cro33 conncction3 bctwccn the public water 3y3tcm and any private water 3upply. (Ord. 2313 § 2 (part), 2010) § 14.06.020. Authority. A Thc Public Work3 Dircctor, or hi3 or hcr dc3igncc, Shall admini3tcr thi3 chapter. The Dircctor's authority includcs thc establishment of regulations and proccdurcs, enforcement, and implementation of mcasures necessary to carry out thc intent of this chapter. Thc Dircctor promulgatc3 and implcmcnt3 thc City'3 policy on cro33 conncction control for thc operation of thc Cross Conncction Control Program. Thc Cross Conncction Control Program policy shall bc enforced undcr thc requirements of this Chaptcr. (Ord. 2313 § 2 (part), 2010) 76,7 "Backflow" mcans undesirable reversal of flow of watcr or othcr substances through a cro33 conncction into thc public water 3y3tcm or cu3tomcr'3 potable water 3y3tcm. 147 "Approved backflow prcvcntion assembly" mcans a Rcduccd Prcssurc Principlc Assembly (RPPA), Rcduccd Prcssurc Dctcctor Assembly (RPDA), Doublc Chcck Valvc Assembly (DCVA), Doublc Chcck Dctcctor A33cmbly (DCDA), Prc33urc Vacuum Breaker A33cmbly (PVBA), or a Spill Rc3i3tant Vacuum Breaker A33cmbly (SVBA) that i3 approved by the Wa3hington State Department of health (DOH). A33cmblic3 that will bc approved will appear on thc current approved backflow prcvcntion a33emblic3 li3t developed by the Univcrsity of Southcrn California Foundation for Cross Conncction Control and Hydraulic Research or othcr cntity acceptable to thc DOH. "Cro33 connection" mcan3 any phy3ical conncction whcrcby a public water 3upply i3 conncctcd, dircctly or indircctly, with any othcr watcr supply system, scwcr, drain, conduit, pool, storage reservoir, plumbing fixture or othcr device which contains or may contain contaminated water, Sewage or othcr wa3tc3 or liquid3 of unknown or un3afc quality, which may bc capable of imparting contamination to a public water 3upply a3 a rc3ult of backflow. (Ord. 2313 § 2 (part), 2010) Thc in3tallation or maintenance of a cro33 conncction, which in thc opinion of thc Dircctor, or hi3 or hcr dc3igncc, will endanger thc water quality of thc potable water 3upply of thc City, i3 unlawful. (Ord. 2313 § 2 (part), 2010) Approved backflow prcvcntion a33cmblic3, whcn rcquircd to bc in3tallcd in thc opinion of the Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.06.050 WATER AND SEWERS § 14.06.090 Public Work3 Dircctor, or hi3 or hcr dc3igncc, 3hall bc in3talled and maintained by thc 3crvico cu3tomcr on any 3crvicc conncction to thc City'3 water 3upply 3y3tcm whcrc 3aid approved backflow prcvcntion a33cmblic3 arc nccc33ary for thc protection of thc City'3 water 3upply. (Ord. 2313 § 2 (part), 2010) U3c or operation of a private water 3upply 3y3tcm, contrary to thc provi3ion3 of the ordinancc3 of thc City, or thc law3 of the State, or thc rulc3 and rcgulation3 of the DO1I regarding public water upplic3 whcrc 3aid private 3y3tcm i3 3crvcd by thc City public water 3upply, i3 unlawful. (Ord. 2313 § 2 (part), 2010) DO1I rulc3 and rcgulation3 regarding public water 3upplic3, cntiticd "Cro33 Conncction Control Regulation in Washington Statc" codified at WAC 2'16 290 190, and thc American Watcr Work) A33ociation, Pacific Northwc3t Scction3' Sccond Edition of "Accepted Proccdurc and Practice in Cro33 Conncction Manual" a3 thcy prc3cntly cxi3t or arc hereafter amended, arc adopted by thi3 rcfcrcncc a3 if act forth in full and arc on filc in thc office of thc City Clcrk. (Ord. 2313 § 2 (part), 2010) Bae4tflo tie x mblic Proeeder-e7. Cro33 conncction3 declared in TMC Chapter 14.06 to bc unlawful, whcthcr prc3cntly cxi3ting or hereinafter in3tallcd, and/or 3crvicc3 rcquiring backflow prcvcntion a33cmblic3 and/or unlawful use or operation of a private watcr supply systcm served by thc City public watcr supply systcm arc public nui3ancc3, and in addition to any othcr provi3ion3 of thi3 codc or thc ordinancc3 of the City whcrc abatement of public nui3ancc3 3hall bc 3ubjcct to abatement in accordance with the following proccdurc: In thc event that thc Public Work3 Dircctor detenninc3 that a nui3ancc a3 hcrcin providcd doc3 cxi3t, writtcn noticc 3hall bc 3cnt to thc per3on in who3c name thc water 3crvicc i3 c3tabli3hcd undcr thc rccord3 of the City water department, or alternatively, a copy of Such writtcn noticc 3hall bc po3tcd on thc prcmi3c3 3crvcd. 27 The noticc 3hall provide that thc nui3ancc dc3cribcd hcrcin 3hall bc corrected within 30 day3 of thc date 3aid noticc i3 mailed or po3tcd on thc prcmi3c3. In thc event 3aid nui3ancc i3 not abated within thc prc3cribcd time, water Service to 3aid prcmi3c3 3hall bc di3continucd. 4. In thc event that thc nuisance, in thc opinion of thc Public Works Dircctor, or his or hcr dc3igncc, prc3cnt3 an immediate danger of contamination to thc public water 3upply, service from thc City water 3upply 3y3tcm to thc prcmi3c3 may bc terminated without prior noticc, providcd, however, noticc will bc po3tcd on thc prcmi3c3 in thc manner heretofore providcd at thc time 3aid 3crvicc i3 terminated. (Ord. 2313 § 2 (part), 2010) § 14.06.090. Penalties. Any violation of any provi3ion, or failure to comply with any of the rcquircmcnt3 of TMC Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.06.090 TUKWILA CODE § 14.06.090 Chapter 14.06, 3hall be 3ubjcct t the tcrm3 and c nditi n3 f Chapter 8.45 ("Enf rccmcnt"). (Ord. 2313 § 2 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.08.010 WATER AND SEWERS § 14.08.010 CHAPTER 14.0g SEWAGE WASTE DISPOSAL SYSTEMS The regulation3 and provi3ion3 of Title 13 of the Board of health of King County, Wa3hington, entitled "Board of health On sitc Sewage Rcgulation3" a3 thcy prc3cntly cxi3t or arc hereafter amended, arc adopted by thc reference a3 if act forth in full and arc on filc in thc office of the City Clcrk. (Ord. 231'1 § 1, 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.020 § 14.12.020. Definitions. Scc TMC Section 14.04.010 (Ord. 2314 § 2 (part), 2010) WATER AND SEWERS § 14.12.050 CHAPTER 14.12 SEWER REGULATIONS The owner of each lot or parcel of real property within thc arca to bc 3crvcd by thc 3anitary Sewage di3po3a1 3y3tcm, upon which 3uch lot or parcel of property thcrc 3ha11 bc 3ituatcd any building or 3tructurc for human occupancy or u3c for any purpo3c, 3hall within 30 day3 after thc publication in a newspaper of general circulation within thc City of a noticc signcd by the Mayor and City Clcrk, for conncctions to bc madc thcrcwith, causc a conncction to bc made bctwccn thc 3aid Sewage 3y3tcm and each 3uch building or 3tructurc; providcd that whcrc more than onc 3uch building i3 located on a lot or parcel of land not larger than 50 feet in width and 100 feet in dcpth, and all 3uch buildings may bc 3crvcd by onc 3anitary 3cwcr connection, only one conncction for all 3uch buildings nccd bc made. All prcmi3c3 upon which any portion of any building is situatcd within 250 feet of a sanitary scwcr linc or latcral shall bc deemed to bc within Sewage 3y3tcm in a permanent and 3anitary manner 3ubjcct to thc approval of the Dircctor, and 3ha11 bc 3ufficicnt to carry all 3anitary Sewage and wa3tc fluid3 of any kind from 3aid buildings into 3aid 3anitary Sewage 3y3tcm, and each toilct, 3ink, Stationary wa3h Stand, or any othcr piece or typc of equipment having wa3tc fluid3 3ha11 bc connected with 3aid 3anitary Sewage 3y3tcm; providcd, that whcrc such building or structurc has not bccn completed bcforc thc publication of such noticc, conncctions shall bc made on or bcforc thc completion of such building or structure and bcforc any u3c or occupancy. (Ord. 2314 § 2 (part), 2010) If any conncction 3hall not bc made within thc time hcrcin providcd, thc Dircctor or 3uch othcr employee of thc City a3 thc Mayor or City Council dc3ignatc i3 hcrcby authorized and dircctcd to cau3c thc Same to bc made and to file ; and thcrcupon a warrant 3hall bc i33ucd undcr thc direction of thc City Council again3t thc 3cwcr 0 0 again3t thc property upon which thc 3aid building or 3tructurc i3 Situated, and 3hall become licn thcrcon a3 hereinafter providcd a3 in thc ca3c of dclinqucnt 3anitary 3cwcr 3crvicc chargc3. The total amount whcn collcctcd 3hall bc paid into thc 3cwcr fund. In thc alternative, if any 3uch connection 3hall not bc made within thc time hcrcinabovc providcd, thc Dircctor or 3uch othcr employee of thc City as thc Mayor and City Council may hcrcinaftcr dcsignatc, shall ccrtify to thc City Clcrk that thc connection has not bccn made, and thc City Council shall causc an action to bc in3titutcd in thc Superior Court of thc State of Wa3hington for King County again3t the owner or owncr of thc property upon which thc building or 3tructurc rcquiring said per3on to forthwith cau3c thc conncction to bc made. Nothing in TMC Chapter 14.12 3ha11 bc con3trucd to relieve thc property owncr from paying monthly 3anitary Sewage 3crvicc chargc3 a3 herein established pcnding thc making of the conncction. (Ord. 231'1 § 2 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.050 WATER AND SEWERS § 14.12.090 § 14.12.050. Pcrmit Required. It i3 unlawful for any per3on to make any opening in any public 3anitary 3cwcr or to connect any private drain or scwcr thcrcwith, or to lay, repair, alter or connect any private drain or sanitary scwcr in a public 3trcct, avenue, alley or othcr public place, unlc33 3uch per3on ha3 fir3t obtained a permit to do 3o from thc Dircctor. (Ord. 2314 § 2 (part), 2010) It i3 unlawful for any per3on to conncct any private 3anitary 3cwcr 3y3tcm to thc public 3anitary scwcr 3y3tcm without complying with all thc provi3ion3 of TMC Chapter 14.12 in relation thcrcto and having a permit to do 3o from thc Dircctor. (Ord. 2314 § 2 (part), 2010) § 14.12.070. Obtaining Pcrmit to Install Sanitary Sidc Sewer. In ordcr to obtain thc permit providcd for in TMC Scction 14.12.060, thc owncr 3ha11 file an application thcrcfor with thc Department pur3uant to TMC Scction 18.104.060, togcthcr scwcr to it3 conncction with thc building or prcmi3c3, and all branchc3, trap3 and fixturc3 to bc conncctcd thcrcwith, which plan3 and 3pccification3 3ha11 bc 3ubmittcd to thc Department thc connccting sanitary 3cwcr3 3ha11 bc conncctcd with thc building, thc place whcrc 3uch conncction3 with thc public 3anitary 3cwcr 3ha11 bc made, and 3pccify thc material, Size and grade of the connccting sanitary scwcr, and shall cndorsc his approval on such plans and specification) a3 originally prepared or a3 modified and changed. Thc owncr 3ha11 furthcr provide an cxprc33cd writtcn con3cnt to thc Department to cntcr upon 3uch prcmi3c3 for thc purpo3c3 of in3pcction a3 hereinafter providcd. Upon approval of thc plan3 and 3pccification3, thc Department 3ha11 i33uc permit to thc owncr to con3truct that portion of 3anitary 3idc 3cwcr within thc owncr'3 property, and 3ha11 a13o i33uc a work ordcr to thc 3trcct department to in3ta11 3anitary 3idc 3cwcr from sanitary scwcr main to property linc; and it is unlawful for any person to altcr thc approved plan3 and 3pccification3 or to do any othcr work than i3 providcd for in thc permit, or to repair, cxtcnd, remove or conncct to any private 3anitary 3cwcr without fir3t obtaining a permit a3 providcd in TMC Chapter 14.12. (Ord. 2314 § 2 (part), 2010) § 14.12.080. Issuance of Temporary Pcrmit. At thc di3crction of thc Department, a temporary permit may bc i33ucd permitting conncction to a public 3anitary 3cwcr, 3anitary 3cwcr outfall, or 3anitary 3idc 3cwcr. Thc temporary permit shall bc revocable upon 60 day3' noticc po3tcd on thc prcmi3c3 dircctcd to thc owncr or occupant of thc premises, and in thc event that thc private sanitary scwcrs arc not disconncctcd at the expiration of thc noticc, thc Department of Public Work3 may di3conncct thc Same and collcct thc coat of thc di3conncction from thc owncr or occupant of thc prcmi3c3 by 3uit in any court of competent juri3diction. Any 3uch temporary permit 3ha11 bc granted only on thc condition that thc permittcc will Save thc City harmlc33 from any damage by rca3on of thc i33uancc or revocation of thc temporary permit. (Ord. 231'1 § 2 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.090 TUKWILA CODE § 14.12.150 A7 It i3 unlawful for any per3on to construct, cxtcnd, relay, or make conncction3 to a private or latcral sanitary scwcr within thc property linc without obtaining a permit thcrcfor aJ providcd in TMC Chapter 14.12 and filing a 3calc drawing showing thc location thcrcof, a3 providcd in TMC Scction 14.12.050. I4- Thc Dcpartmcnt may issuc thc permit to thc owncr or agcnt of any property to construct, extend, relay, or make conncction3 to a latcral or private 3anitary 3cwcr in3idc of property linc providcd that 3uch owncr or agent 3ha11 comply with thc applicable provi3ion3 of TMC Chapter 14.12. (Ord. 2314 § 2 (part), 2010) Whcn a permit ha3 bccn i33ucd for a private 3anitary 3cwcr or drain, a3 providcd in TMC Chapter 14.12, no additional work 3ha11 bc put in without thc approval of thc Department, and a ncw permit mu3t bc taken out covering all 3uch additional work. (Ord. 231'1 § 2 (part), 2010) § 14.12.110. New Permit Fee. In cane work 3ha11 not bc done or completed within thc time 3pccificd in any permit and no extension thcrcof has bccn granted, a ncw permit shall bc applied for and all applicable fccs will bc charged. (Ord. 2314 § 2 (part), 2010) § 14.12.120. Time Limit. No permit i33ucd undcr thc provi3ion3 of TMC Chapter 14.12 3ha11 bc valid for a longcr period than that 3pccificd in thc permit, but thc Same may bc renewed or cxtcndcd at thc rca3onablc di3crction of thc Dircctor upon application thcrcfor prior to thc expiration of thc time originally limited in thc permit. (Ord. 2314 § 2 (part), 2010) § 14.12.130. Display of Permit. Thc permit from thc Department rcquircd undcr thc tcrm3 of TMC Chapter 14.12 mu3t, at all timc3 during thc performance of thc work and until thc completion thcrcof, bc po3tcd in Some conspicuous place at or near thc work. (Ord. 2314 § 2 (part), 2010) It shall bc thc duty of any policc officcr, in case he finds any person engaged in thc work of breaking thc ground for thc purpo3c of making conncction3 with thc public 3anitary 3e to a3ccrtain if 3uch per3on ha3 a permit from thc Department to make 3uch 3anitary 3cwcr conncction3, and in thc event that 3uch per3on ha3 no permit for making such conncction3, it 3ha11 bc thc duty of Such officer to immediately rcport thc fact to thc Dircctor. (Ord. 2314 § 2 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.150 WATER AND SEWERS § 14.12.210 All 3anitary 3idc 3cwcr3 3ha11 be laid on not 1c33 than 2%, grade, nor more than two vertical to one foot horizontal; shall not be less than 30 inches from any building; shall have not less than 12 inchc3 of cover in3idc the property line; and 3ha11 be not 1c33 than Six inchc3 in diameter from the main 3anitary 3cwcr to the property line. No Storm drain3, 3uch a3 roof, patio or yard drain3, 3ha11 be conncctcd dircctly or indircctly to thc 3anitary 3cwcr3. Not more than one hou3c shall bc conncctcd with a lateral 3anitary 3cwcr, cxccpt whcrc 3uch conncction i3 made in3ide thc property linc and thc owncr or owncr of 3uch property 3ha11 make and file in thc office of sanitary 3idc 3cwcr thc prcmi3c3 3crvcd by 3uch 3anitary 3idc 3cwcr ha3 bccn filed with thc Dircctor. In thc event that phy3ical or othcr condition3 rcndcr thc enforcement of thc above provi3ion3 impracticable, thc Dircctor may i33uc a 3pccial permit for thc in3tallation of a lateral or private 3anitary 3cwcr rcquiring compliance only with thc above condition3, a3 far a3 practicable; but 3uch 3pccial permit shall bc issued only upon thc condition that thc permittcc will savc thc City harmless from any damagc3 by rca3on of Such in3tallation. (Ord. 2314 § 2 (part), 2010) § 14.12.170. Ca11 for Inspection. Any per3on performing work undcr permit pur3uant to thc provi3ion3 of TMC Chapter 14.12 hall notify thc Dircctor whcn thc work will bc ready for in3pcction, and 3ha11 3pccify in 3uch noticc thc location of thc prcmi3c3. If thc in3pcctor find3 thc work or material u3cd i3 not in accordance with thc provi3ion3 of TMC Chapter 14.12, he 3ha11 notify thc per3on doing thc work and a13o thc owncr of thc prcmi3c3 by po3ting a writtcn noticc upon thc prcmi3c3, and 3uch postcd noticc shall bc all thc noticc that is rcquircd to bc givcn of thc defects in thc work or material found in 3uch in3pcction; and a copy of 3uch noticc 3ha11 bc kcpt on file in thc office of thc Dircctor. (Ord. 2314 § 2 (part), 2010) § 14.12.180. Inspection Before Trenches Filled. No trcnch 3ha11 bc filled or any connecting sanitary 3cwcr covered, until thc work from thc point whcrc thc Same conncct3 with thc public 3anitary 3cwcr or othcr outlet to thc point whcrc it conncct3 with thc iron pipc or othcr plumbing of thc building or prcmi3c3 to bc conncctcd 3hall have bccn in3pcctcd and approved by or undcr thc dircction3 of thc Dircctor and until thc Same shall havc bccn made in all rcspccts to conform to thc provisions of TMC Chaptcr 1 '1.12. (Ord. 2314 § 2 (part), 2010) § 14.12.190. Inspector's Right of Entry. For thc purposc of examining any or whcthcr thc provi3ion3 of TMC Chapter 14.12 arc bcing complied with, thc Dircctor or hi3 duly authorized rcprc3cntativc3 or agcnt3 3hall, upon thc i33uancc of a 3carch warrant or in any emergency or whcn con3cnt ha3 bccn givcn, at all rca3onablc timc3 havc thc right to cntcr and in3pcct 3uch buildings; and it i3 unlawful for any per3on to prcvcnt or attempt to prcvcnt any entrance or in3pcction, or to ob3truct or intcrfcrc with any 3uch officer whilc engaged in 3uch an inspcction. (Ord. 2314 § 2 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.210 TUKWILA CODE § 14.12.260 § 14.12.210. Improper Work If any work done in pur3uancc of a permit granted, a3 prc3cribcd in TMC Chaptcr 14.12, i3 not constructed and completed in accordance with thc provisions of TMC Chaptcr 1'1.12 and the plan3 and 3pccification3 a3 approved by thc Dircctor, and if thc contractor or per3on doing the work rcfu3c3 to properly con3truct and complete thc work, noticc of thc failure or rcfu3al 3hall bc given to thc owncr of thc property, for whom thc work i3 bcing donc, a3 providcd in TMC Chaptcr 14.12; and thc Dircctor 3hall cau3c thc work to bc complctcd and thc 3cwcr conncctcd in thc proper manner, and thc full coat of thc work and any matcrial3 nccc33ary thcrcfor 3hall be charged and become a licn against thc property, and shall bc collected in thc manner providcd in TMC Chaptcr 14.12. (Ord. 2314 § 2 (part), 2010) § 14.12.220. Obstructed or Broken Sewer Repair. Whcncvcr any private 3cwcr conncctcd with any public 3anitary 3cwcr bccomc3 ob3tructcd, brokcn or out of ordcr, and if thc owncr, agent or occupant of thc prcmi3c3 fail3 to repair thc Same after five day3 whcn notificd to do 3o by thc Dircctor, thc Dircctor i3 authorized to rcmovc, rccon3truct, replace, alter or clear thc Same a3 he may deem cxpcdicnt, at thc cxpcn3o of thc owncr, agent or occupant of thc prcmi3c3; and whcn two or more hou3c3 or buildings are connected with thc same private sanitary scwcr, thc owners, agents or occupants shall bc jointly and equally liable for any work done by thc City 3upervi3or undcr TMC Section 14.12.220. (Ord. 2314 § 2 (part), 2010) § 14.12.230. Injury to Public Sewers and Drains. It i3 unlawful for any per3on to injurc, break, rcmovc or alter any portion of any manhole, clean out, flu3h tank, or any part of thc public 3anitary 3cwcr3 or drain3 of thc City. (Ord. 2314 § 2 (part), 2010) It i3 unlawful for any per3on to dcpo3it in any manhole, clean out, flu3h tank, 3anitary 3cwcr opening, drain, ditch, or natural water cour3c any garbage, rubbi3h, dead animal3 or any 3ub3tancc that will ob3truct, or have a tcndcncy to ob3truct, thc flow of any 3anitary 3cwcr, drain, ditch or natural water cour3c. (Ord. 231'1 § 2 (part), 2010) No 3tcam cxhau3t or blow off, or any heated water highcr than 150° Fahrenheit 3hall be dischargcd into a sanitary scwcr. (Ord. 2314 § 2 (part), 2010) A7 It is unlawful to discharge or cause to bc dischargcd into any scwcr any waste which may have an advcr3c or harmful effect on thc 3anitary 3cwcr 3y3tcm, public treatment work3, it3 per3onncl or equipment. None of thc following watcr3 or wa3tc3 3hall be dischargcd into thc public 3anitary 3cwcr: Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.260 WATER AND SEWERS § 14.12.270 Polar and non polar fat3, oi13, or grca3c (FOG) in amount3 that exceed King County wa3tcwatcr divi3ion 3tandard3 or cau3c a vi3iblc 3hccn on thc di3chargc or in the public 3cwcr 3y3tcm or build up of grca3c in any public 3cwcr facility or which uccumulation3 cithcr alone or in combination with othcr di3chargc3 cau3c ob3truction3 of the public 3cwcr 3y3tcm; 27 Any ga3olinc, bcnzcnc, fucl oil, or othcr flammable or cxplo3ivc liquid, 3olid, or ga3; Food wa3tc or animal part3, including food grindcr wa3tc, that cannot pa33 through a one quarter inch 3icvc; pla3tic3, wood, paunch manure or any othcr 3olid or vi3cou3 3ub3tancc3 capable of cau3ing ob3truction to thc flow in 3cwcr3 or othcr intcrfcrcncc with thc proper operation of thc Sewerage work3; 57 Any watcr3 or wa3tc3 having a pll lower than 5.5 or highcr than 9.0, or having any othcr corro3ivc property capable of cau3ing damage or hazard to 3tructurc3, equipment and per3onncl; 67 Any watcr3 or wa3tc3 containing a toxic or poi3onou3 3ub3tancc in 3ufficicnt quantity to injurc or intcrfcrc with any Sewage treatment procc33, con3titutc a hazard to human3 or anima13, or create any hazard in thc receiving watcr3 of the treatment plant; q7 Any water or wa3tc3 containing su3pcndcd 3olid3 of 3uch character and quantity that unu3ual attention or cxpcn3c i3 rcquircd to handle 3uch matcrial3 at thc 3cwago treatment plant; 87 Any noxiou3 or malodorou3 3ub3tancc capable of creating a public nui3ancc. (Ord. 2314 § 2 (part), 2010) § 14.12.263. Pretreatment Facilities. A All 3uch prohibitcd 3ub3tancc3 idcntificd in TMC Scction 14.12.260 3ha11 bc intercepted by an adequate and 3uitablc 3cparation device or intcrccptor, in3tallcd in 3uch a manner that allow3 thc 3afc and convenient removal of thc wa3tc product or othcr prohibitcd 3ub3tancc3, matcrial3 or liquid a3 idcntificd in TMC Scction 14.12.260, which 3ha11 not flow or be di3chargcd into thc Sanitary 3cwcr 3y3tcm. All 3uch intcrccptor3 3ha11 bc of dc3ign, construction and capacity as shall bc approved by thc City Enginccr. The grease intcrccptor shall bc adequately maintained and readily accc33iblc for in3pcction by thc City at any time to cn3urc it3 proper operation. 147 Any violation of this scction is subjcct to thc terns spccificd in "Enforcement" as sct forth in TMC Scction 14.12.265. (Ord. 2314 § 2 (part), 2010) § 14.12.265. Unlawful Discharge Enforccmcnt. All violation3 of TMC Scction 14.12.260 3ha11 bc con3idcrcd civil infraction3, and arc 3ubjcct to thc action3 and pcnaltic3 act forth in TMC Chapter 8.45. (Ord. 2314 § 2 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.270 TUKWILA CODE § 14.12.310 It i3 unlawful to di3chargc 3urfacc or 3ub3urfacc drainage into any portion of thc 3anitary 3cwcr system. (Ord. 2314 § 2 (part), 2010) § 14.12.280. Trees and Shrubbery Obstructing Sewers. It is unlawful to plant poplar, cottonwood, soft maple, gum, or any othcr trcc or any shrub whose root3 arc likely to ob3truct public or private 3anitary 3cwcr3, within 30 feet of any public or private 3cwcr or drainpipe. Thc Dircctor i3 authorized to rcmovc any trcc3 or 3hrub3 from any public 3trcct, or thc root3 of any trcc3 or 3hrub3 that cxtcnd into any public 3trcct, whcn 3aid trcc3 or thc root3 thcrcof arc ob3tructing, or whcn hc dctcrminc3 thcy arc liable to ob3truct, public or private 3anitary 3cwcr3 or drain3; provided, however, that hc 3hall givc tcn day3 noticc in writing to thc owncr or occupant of thc abutting property to rcmovc thc same; and if thc owncr or occupant fail3 rcfu3c3 30 to do 3o, thc rca3onablc coat of removal whcn donc by thc Dircctor 3hall bc a charge again3t, and a licn upon, thc abutting property from which 3uch trcc3 or 3hrub3 are removed, and thc Dircctor i3 authorized and dircctcd to collcct 3uch charge by 3uit maintained in thc name of thc City a3 plaintiff, again3t thc owncr, in any court of compctcnt juri3diction. (Ord. 2314 § 2 (part), 2010) § 14.12.290. Non compliance Notice Remedy. Whcn any 3anitary 3cwcr i3 con3tructcd, laid, conncctcd or repaired, and doc3 not comply with thc provi3ion3 of TMC Chapter 14.12, or whcrc it i3 determined by thc Dircctor that a 3anitary damage to public or private property, thc Dircctor 3hall givc noticc to thc owncr, agent or occupant of thc property in which 3uch condition cxi3t3, of 3uch condition; and if hc rcfu3c3 to con3truct, relay, rccon3truct or rcmovc thc ob3truction of 3aid 3anitary 3idc 3cwcr within thc time 3pccificd in 3uch noticc, thc Dircctor may perform 3uch work a3 may bc nccc33ary to comply with TMC Chapter 14.12, and thc coat of 3uch work a3 donc by thc Dircctor 3hall bc a33c33cd against thc property or collcctcd from thc person rcsponsiblc for thc condition, and thc amount thcrcof 3hall become a licn upon thc property, and thc City Attorney i3 authorized, empowered and dircctcd to collcct 3uch coat, cithcr by thc forcclo3urc of thc licn or by a 3uit again3t the owner or occupant of thc property, or othcr per3on rc3pon3iblc for 3uch condition, which 3uit 3hall bc maintained in thc name of thc City a3 plaintiff, in any court of compctcnt juri3diction. (Ord. 2314 § 2 (part), 2010) Thc Dircctor may make and i33uc 3uch rulc3 and rcgulation3 a3 may bc expedient and nccc33ary to carry out thc provi3ion3 of TMC Chapter 14.12. (Ord. 231'1 § 2 (part), 2010) § 14.12.310. Lien Collection Notice. Whenever any Sum of money i3 to bc charged a3 a licn upon thc particular property upon which work shall bc donc by any department of thc City undcr thc terns and provisions of TMC Chapter 14.12, thc manner and method of collccting said amount3 3hall be ub3tantially a3 follow3: Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.310 WATER AND SEWERS § 14.12.310 The owner or agent of thc property 3hall bc givcn a noticc in writing by thc Department that 3aid owncr or agent i3 rcquircd to do thc particular work at thc cxpcnsc of thc property owncr. Thc noticc 3hall bc in 3ub3tantially thc following form: To , Owncr, and , Agent, of that ccrtain property dcscribcd as Lot , in Block , Addition to thc City of Tukwila, King County, Wa3hington: You arc hcrcby notificd to perform thc following work upon thc above dc3cribcd property within tcn (10) day3 of thc date of thc 3crvicc of thi3 noticc upon you, viz.: . And you arc furthcr notificd that if you do not perform 3aid work within 3aid period of tcn (10) day3, thcn thc City of Tukwila will perform thc name and charge thc amount of said work against said property, and will procccd to collcct thc same according to law. Thc City Of Tukwila By: Dircctor 147 A copy of thin noticc 3hall bc po3tcd upon thc property affected, and a furthcr copy 3hall be mailed to thc agent or owncr at hi3 la3t known addre33. In cane thc agent or owncr fail3 to perform thc work within tcn day3, after thc noticc 3hall have bccn mailed and po3tcd, then thc work shall bc donc by thc proper department of thc City; and as soon as practicable after thc work i3 performed, thc owncr or agent 3hall bc notificd in thc name manner a3 providcd in TMC Chapter 14.12, that thc work ha3 bccn donc by thc City, and of the amount of thc charge for doing thc work and 3hall rcquirc cithcr to pay to thc Finance Department 3aid amount, within 30 day3 after thc date of thc po3ting and mailing of the noticc, or to filc with thc City Council objcction3 in writing again3t 3aid charge. Thc form of noticc just providcd for shall bc substantially as follows: To , Owncr, and , Agent, of that ccrtain property dc3cribcd a3 Lot , in Block , Addition to thc City of Tukwila, King County, Wa3hington: You arc hcrcby notificd that pur3uant to a former noticc givcn you upon thc day of , 20 , that thc City of Tukwila has performed thc work rcquircd to bc donc pursuant to thc said former noticc, and that thc cost and cxpcnsc of doing said work i3 thc Sum of dollar3. You arc furthcr notificd that unlc33 you pay 3aid amount to thc City trca3urcr, or filc objcction3 again3t 3aid amount within thirty (30) day3 of thc date of 3crvicc of thi3 noticc upon you, thc name 3hall bc a licn again3t thc above dc3cribcd real property and will bc collected by thc City of Tukwila according to law. Thc City Of Tukwila By: Dircctor E Thc City Council 3hall at it3 ncxt regular meeting after thc filing of any objcction3 or a3 soon thereafter a3 may bc convenient, hear thc name. At Such hearing, thc Council may take any action in thc matter a3 may 3ccm ju3t. After 3aid hearing, or after thc expiration of the 30 day period hcrcinbcforc providcd for whcn no objcction i3 filcd, thc amount thcrcof shall become a licn again3t thc property upon which thc work wan performed, and thc City Attorney is authorizcd to procccd to collcct thc amount in any lawful manner. (Ord. 2314 § 2 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.010 WATER AND SEWERS § 14.16.020 CHAPTER 14.16 SEWER CHARGES A "Commercial and indu3trial Sewage 3crvicc" mcan3 Sewage collcction and/or 3cwagc di3po3a1 3crvicc, furni3hcd or available to thc u3c of prcmi3c3 u3cd or engaged in the selling, manufacturing, procc33ing, and/or di3pcn3ing of product3 or 3crvicc3, or othcrwi3o catering to thc public. 147 "Dwelling unit" mcan3 a unit in an apartment hou3c, rooming hou3c, trailer court, motel, hotcl, building or Space for human habitation having plumbing facilitic3 for preparation of food, washing dishcs, ctc., and/or for bathing, and for toilct purposcs, for thc exclusive use of the individual or individuals occupying thc dwelling unit. "Multiplc dwelling (permanent typc) Sewage 3crvicc" mcan3 Sewage collcction and/or ccwagc disposal scrvicc, furnishcd or availablc to thc usc of prcmiscs uscd for rcnting of apartments, rooms, othcr dwelling units with water conncctions, providing for human habitation on a permanent ba3i3. D- "Multiplc dwelling (transient typc) scwagc scrvicc" mcans scwagc collcction and/or ccwagc disposal scrvicc, furnishcd or availablc to thc usc of prcmiscs uscd for rcnting of motc13, hotc13, trailer Space, and any othcr building or Space providing for human habitation on a tran3icnt ba3i3. E "Multiplc tenant commercial and/or industrial unit scwagc scrvicc" means scwagc collcction and/or Sewage di3po3a1 3crvicc, furni3hcd or availablc to thc u3c of prcmi3c3 u3cd for rcnting, lca3ing, sublca3ing or 3alc to more than one tenant within a 3inglc 3tructuro for thc purpo3c of retail or wholc3alc 3a1c3, commercial or indu3trial u3c for the manufacture, procc33ing, a33cmbly, di3a33cmbly or othcr related u3c of Similar nature. "Recipient of 3crvicc." All property owncr within thc City, within thc arca 3crvcd by the sewerage 3y3tcm of thc City, arc hereby r private drain3 and 3cwcr3 with thc Sewerage 3y3tcm of thc City; and it i3 unlawful for any property owncr to fail or rcfusc to make such conncctions. fir. "Rc3idcntial Sewage 3crvicc" mcan3 Sewage collcction and/or Sewage di3po3a1 furni3hcd or availablc to thc u3c of prcmi3c3 u3cd primarily for human habitation, cxcluding tho3c prcmiscs uscd for thc rcnting of rooms, apartments, and trailer space. 147 "Sanitary 3idc 3cwcr" mcan3 a Sanitary 3cwcr laid generally perpendicularly from a main sanitary 3cwcr in a public right of way to thc property linc of thc property to be 3crvcd by thc scwagc collcction and/or scwcr disposal scrvicc. 47 "School Sewage 3crvicc" mcan3 Sewage collcction and/or Sewage di3po3a1 3crvic0 furni3hcd or availablc to thc u3c of prcmi3c3 u3cd for public and/or private 3choo13. 47 "Sewage collcction 3y3tcm" mcan3 thc collcction and carrying of 3cwagc through thc City'3 sy3tem of Sanitary 3cwcr3. 1 "Sewage di3po3a1 3crvicc" mcan3 thc di3po3ition of Sewage by purification in a Sewage treatment plant. (Ord. 2314 § 3 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.020 WATER AND SEWERS § 14.16.030 Chargc3 3ha11 bc made for all Sewage collcction 3crvicc and/or Sewage di3po3a1 3crvicc furnished, or available for usc, from November 30, 1961. All scwcr chargcs and related fccs shall bc duc and payable on thc fir3t day of each and cvcry month for thc 3cwcr and 3crvicc3 provided during thc prcviou3 month and 3ha11 bc paid to thc Finance Department. All bi113 will become dclinqucnt on thc eleventh day of thc following month. (Ord. 2314 § 3 (part), 2010) § 14.16.030. Schedule of Charges. Ratc3 and chargc3 for 3cwcr 3crvicc furni3hcd and available for u3c 3ha11 bc paid by thc owncr of thc property and 3ha11 bc a3 follow3: 4 A flat monthly rate for each 3inglc family rc3idcncc 3hall bc charged in accordance with per3on 62 ycar3 of age or oldcr (if married, thcn cithcr 3pou3c) and cvcry per3on totally and permanently di3ablcd rc3iding in a 3cparatcly metered dwelling and who i3 paying dircctly for Such 3cparatcly billcd 3crvicc cithcr a3 owncr, purcha3cr or rcntcr and who3c individual di3po3ablc incomc, if a 3inglc per3on, or who3c combined di3po3ablc incomc, if a married couplc, from all 3ourcc3 i3 1c33 than $32,000 per year, 3ha11 pay a rate equal to 50% of sewer service chargcs. Every such person shall file with thc Financc Department thcir affidavit that thcy arc qualified to bc charged thc 3pccial rate. Such affidavit3 arc to contain information a3 rcquircd by thc Financc Dircctor in ordcr to c3tabli3h cligibility. Each affidavit will a13o include an unqualified promi3c to inform thc City of any changc3 in financial condition that would di3qualify thc per3on for 3pccial ratc3. Thc Financc Dircctor may rcquirc affidavit3 on an annual ba3i3 if deemed nccc33ary. A flat m nthly ratc f r o ch dwelling unit shall bc chargcd in acc rdancc with thc fee Schcdulc to bc adoptcd by motion or rc3olution of thc Tukwila City Council. Thc rate 3hall bc thc commercial/indu3trial Sewage rate. Each account will bc chargcd a flat monthly rate in accordance with thc fcc 3chcdulc to be adopted by motion or rc3olution of thc Tukwila City Council. In addition, thc charge for Scwagc 3crvicc on prcmi3c3 u3ing more than 750 cubic fcct of water per month 3hall bc at thc ratc per 750 cubic fcct, in accordancc with thc fcc schcdulc to bc adoptcd by motion or rc3olution of the Tukwila City Council. Intcrc3t will bc chargcd on dclinqucnt balancc3 30 day3 in arrcar3 in accordancc with a fcc Schcdulc to bc adoptcd by motion or rc3olution of the Tukwila City Council. All balancc3 Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.030 TUKWILA CODE § 14.16.065 will bccomc dclinqucnt on thc eleventh day of thc month following thc month that the scwcr 3crvicc wa3 providcd. (Ord. 2314 § 3 (part), 2010) § 14.16.040. Special Rates. A Nothing hcrcin 3ha11 bc con3trucd to prevent thc charging of 3pccial ratc3 undcr agreement bctwccn thc City and commercial and/or indu3trial rccipicnt. For thc propertic3 complying with TMC Scction 14.16.040, thc chargc3 for 3cwcr 3crvicc3 outsidc thc corporate limit3 of the City 3ha11 bc thc 3amc a3 tho3c charged within thc City, providcd that thc partic3 3ccking thc 3crvicc 3ha11 have paid for thc con3truction of thcir scwcr by a Local Improvement Di3trict or by and at thcir 3olc cxpcn3c in accordance with applicablc o~, ems, City. Prior to thc conncction of thc scwcr scrvicc outsidc thc City limits, a writtcn scwcr scrvicc contract 3ha11 bc made and cxccutcd bctwccn thc City and thc cu3tomcr. For tho3c propertic3 outsidc thc City corporate limit3 rcquc3ting scwcr 3crvicc who do not comply with thc provisions of TMC Scction 111.16.0110g, thc charges for scwcr scrvicc shall bc two timc3 thc amount chargeable undcr TMC Scction 14.16.030, if the 3crvicc wa3 providcd within thc corporate limit3 of the City. Prior to thc conncction of thc 3cwcr 3crvicc outsidc thc City limit3, a writtcn 3cwcr 3crvicc contract 3ha11 bc made and cxccutcd bctwccn thc City and thc cu3tomcr. Thc conncction of 3crvicc outsidc thc City limit3 3ha11 bc 3olcly at thc di3crction of thc City Council. (Ord. 2314 § 3 (part), 2010) All account3 for 3cwcr 3ha11 bc thc rc3pon3ibility of thc owncr of thc property for which the 3crvicc wad in3tallcd rcgardlc33 of whether thc property ha3 a tenant or third party paying agcnt3. A fcc will bc charged for thc admini3trativc coat of updating thc utility rccord3 for changc3 in owncrs, tcnants, and/or third party paying agcnts in accordancc with thc fcc schcdulc to be adopted by motion or rc3olution of the Tukwila City Council. (Ord. 2314 § 3 (part), 2010) § 14.16.060. City/King County Agrccmcnt Charges. In addition to tho3c chargc3 act forth in TMC Scction 14.16.030, thcrc 3ha11 bc charged each month tho3c chargc3 a3 3ct forth and dcfincd in Scction 5 of the Tukwila/King County agreement Natural Rc3ourcc3 and Parka, Wa3tcwatcr Treatment Divi3ion. (Ord. 2314 § 3 (part), 2010) 76k7 Regular —Rate; Thc City/King County chargc3 a3 providcd in TMC Scction 14.16.060 and a3 rcquircd by thc Agreement for Sewage Di3po3a1 bctwccn King County and thc City of Tukwila i3 3ct Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.065 WATER AND SEWERS § 14.16.074 at thc moat currcnt King County rate per month per rc3idential cu3tomcr and per rc3idential cu3tomcr equivalent a3 now dcfincd or hereafter amended in thc agreement for 3cwago di3po3a1 bctwccn King County and thc City of Tukwila. ncaueee Rat, Every per3on 62 ycar3 of age or oldcr (if married, thcn cithcr 3pou3c) and every per3on totally and permanently di3ablcd rc3iding in a 3cparatcly metered dwelling and who i3 paying dircctly for such separately billcd service cithcr as owncr, purchaser or rcntcr and who3c individual di3po3ablc incomc, if a 3inglc per3on, or who3c combined di3po3ablc incomc, if a married couplc, from all 3ourcc3 i3 lc33 than $32,000 per year, 3ha11 pay a rate equal to 50%, of thc City/King County charge. Every 3uch per3on 3ha11 filc with thc Finance Department thcir affidavit that thcy arc qualified to receive thc 3pccial rate. Such affidavit3 arc to contain information a3 rcquircd by thc Finance Dircctor in ordcr to establish cligibility. Each affidavit will also includc an unqualified promise to inform the City of any changc3 in financial condition that would di3qualify thc per3on for 3pccial ratc3. Thc Finance Dircctor may rcquirc affidavit3 on an annual ba3i3 if deemed nccc33ary. (Ord. 2314 § 3 (part), 2010) § 14.16.070. Regular Connection Charge. In addition to thc permit fcc3 rcquircd by TMC Chapter 14.16, thc property owncr 3ccking conncction to thc 3cwcragc 3y3tcm of thc City, in ordcr that 3uch property owncr 3ha11 bear hi3 equitable 3harc of thc coat of the City'3 cntirc 3cwcr 3y3tcm, 3ha11 pay, prior to conncction to a City 3cwcr, a regular conncction charge in accordance with thc fcc 3chcdulc to bc adopted by motion or resolution of thc Tukwila City Council. (Ord. 2314 § 3 (part), 2010) § 14.16.072. Special Connection Charge Payment. In addition to thc regular conncction charge imposed undcr TMC Scction 11.16.070, a special conncction charge 3ha11 bc paid by thc owncr of propertic3 which have not bccn a33c33cd or charged or borne an equitable 3harc of thc coat of thc City 3cwcragc 3y3tcm. Such charge 3ha11 bc paid prior to conncction to thc City 3cwcr and 3ha11 bc in an amount to bc computcd undcr TMC Scction 14.16.074. (Ord. 2314 § 3 (part), 2010) Thc 3pccial conncction charge impo3cd by TMC Scction 14.16.072 3ha11 bc paid to thc 3cwcr fund and 3ha11 bc computcd a3 follow3: For lateral 3cwcr3. Thc number of unit3 of property furni3hcd to bc 3crvcd by thc 3cwcr determined in thc manner prc3cribcd in RCW 35.44.030 and 35.44.040 for determining "a33c33ablc unit3 of frontage" 3ha11 bc multiplied by thc average five year local improvement assessment per unit of frontage for lateral scwcrs for thc five year period in which thc property to bc connected wa3 con3tructcd and accepted a3 completed, a3 follow3: Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.074 TUKWILA CODE § 14.16.078 Ycar Scwcr Rate 1955 59 1960-64 4-9.6-5-69 4-9;0 1- $10.97 $12.00 The lateral scwcr charge shall be waived by the City providing the owner, dcvcloper or applicant constructs at his own expense a sanitary scwcr to serve his property, and providing that the Scwcr i3 in compliance with thc comprchcn3ivc Sewage plan and pecification3 and rcquircmcnt3 of thc City. Thc City 3hall al3o waive thc arca or trunk scwcr charge if thc owncr, dcvcloper or applicant con3truct3 at hi3 3olc cxpcn3c a Sanitary scwcr 30 a3 to 3crvc othcr propertic3, and i3 over 3izcd to accept Sewage generated from sizing. Thc construction shall bc in accordance with thc comprehensive sewage plan and pecification3 and rcquircmcnt3 of the City. 27 For trunk scwcrs. Thc number of squarc fcct of property arm to bc served by thc scwcr shall bc multiplied by thc average local improvement assessment per squarc foot for trunk ewcr3 for thc five year period in which thc trunk Scwcr to which thc lateral Scwcr 3crving thc property i3 to bc connected wa3 con3tructcd and accepted, a3 follow3: Ycar 1955-59 4960-64 4965-69 8 Scwcr Rate per .0160 .0195 .0200 .0200 Such Special conncction charge for property abutting on a 3trcct, in which a Scwcr can be con3tructcd or cxtcndcd to 3crvc 3uch property, 3hall bc computed a3 if thc Scwcr wcrc 3o con3tructcd or cxtcndcd; and thc Special conncction charge for property located back from crcated thcrcfor shall bc made giving consideration to thc distance of thc property from thc 3trcct margin. In no ca3c 3hall crcdit bc allowed for thc coat of extra length of 3idc scwcr rcquircd for conncction to thc City'3 Sewerage 3y3tcm. Providcd, that in ca3c3 where application of thc foregoing formula to a particular property re3ult3 in a charge which becau3c of unuaual condition3 i3 in CXCC33 of chargc3 to Similar propertic3, thc Director with cxprcss approval of thc City Council is charge to thc amount charged to propertics similarly situated. (Ord. 2314 § 3 (part), 2010) District Credit. If thc property for which a Special conncction charge ha3 bccn paid i3 3ub3cqucntly includcd in a Local Improvcmcnt Di3trict for thc construction of 3cwcr3 of a Similar nature, thc amount 30 paid 3hall bc credited to thc a33c33ment again3t 3uch property, and 3uch amount 3hall bc paid from thc Scwcr fund to 3uch Local Improvcmcnt Di3trict fund. (Ord. 231'1 § 3 (part), 2010) If the 3idc Scwcr 3tub ha3 not bccn in3talled to thc property linc whcrc thc property owncr clect3 to conncct, it shall bc his responsibility to acquire thc necessary permits and boar thc cost of all Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.078 WATER AND SEWERS § 14.16.110 Any property 3crvcd by thc 3cwcr 3tub conncction that ha3 bccn in3talled, but which wa3 ncvcr a33c33ed nor paid for, 3ha11 pay thc charge in accordance with thc fcc 3chcdulc to bc adopted by motion or rc3olution of thc Tukwila City Council prior to conncction to or for thc 3tub. (Ord. 2314 § 3 (part), 2010) Dcdi a ncaiczfi �ir. No 3cwcr 3ha11 bc conncctcd to thc City 3y3tcm that doc3 not conform to thc comprchcn3ivo scwagc plan. Prior to bcing accepted by thc City and conncctcd to thc City 3cwcr 3y3tcm, all similar agreement 3ati3factory to thc City. (Ord. 2314 § 3 (part), 2010) § 14.16.090. Lien for Unpaid Charges. Thc City 3ha11 have a licn again3t thc property to which 3cwcr 3crvicc ha3 bccn furni3hcd for thc delinquent and unpaid ratc3 and chargc3 thcrcfor in accordance with thc fcc 3chcdulc to be adopted by motion or rc3olution of thc Tukwila City Council. All co3t3 and fcc3 of forcclo3ing thc unpaid 3cwcr co3t3 3ha11 bc included in thc chargc3 to bc paid. Thc City 3ha11 and i3 rcquircd to cnforcc Said licn3 and forcclo3c thc name in thc manner provided by law. (Ord. 231'1 § 3 (part), 2010) It i3 declared to bc nccc33ary for thc protection of thc health of thc people of Tukwila that all property within thc City within thc area served by said sewerage system bc conncctcd thcrcwith, and TMC Chapter 14.16 i3 declared to bc an cxcrci3c by thc police powcr of the City. (Ord. 2314 § 3 (part), 2010) Any violation of any provi3ion, or failure to comply with any of thc rcquircmcnt3 of TMC Chapter 14.16, 3ha11 bc 3ubjcct to thc tcnn3 and condition3 of TMC Chapter 8.45 ("Enforcement"). (Ord. 2314 § 3 (part), 2010) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.010 WATER AND SEWERS § 14.17.010 CHAPTER 14.17 ALLENTOWN SEWER AND WATER CONNECTIONS § 14.17.010. Phase I Scwcr Connection Charge. A Allentown Pha3c I homc3 cxi3ting on September 1, 1996 will be required to conncct to the Scwcr and pay a33ociated conncction chargc3, if any portion of any building i3 Situated within 250 feet of a Sanitary Scwcr linc or lateral and if: 4- Scptic or health problcm3 arc idcntificd by King County llcalth Department that rcquirc repair of thc Scptic tank 3y3tcm, or; 27 Thc home changc3 owncr3hip, or; Remodeling occurs adding a bathroom or bedroom. lIomc3 north of S. 124th St. on 43rd Ave. S. and on 44th Ave. S. cxi3ting on March 1, 1996 are exempt from conncction chargc3 a3 thc Scwcr wa3 con3tructcd a3 part of thc Mctro projcct at no charge to thc City or thc property owncrs. Allentown Scwcr conncction chargc3 by year will bc given a 10% rcduction for connccting bcforc January 31, 1998 to encourage early conncction3 and thc ba3c fcc of $7,278.00 will bc incrcased $363.90 per yo r until 2006 in accord with RCW35.92.025: UNTIL CIIARCE January 31, 199g $6,550.20 January 31, 1999 $7,278.00 January 31, 2000 $7,641.90 January 31, 2001 $8,005.80 January 31, 2002 $8,369.70 January 31, 2003 $8,733.60 January 31, 200'1 $9,097.50 January 31, 2005 $9,'161.'10 January 31, 2006 $9,825.30 January 31, 2007 $10,189.20 10% reduction Basc price in accord with RCW 35.92.025 whcrc it i3 capped at $10,189.20. D- Payment methods for Phasc I scwcr conncction charges arc: 4- Deferring conncction fcc or 3ub3idizing low income applicant3 who qualify in accord with CDBG block grant rcquircmcnt3 in effect at thc time of application, 27 Connection chargc3 for Pha3c I rc3idcncc3 cxi3ting Scptcmbcr 1, 1996 may pay the Scwcr conncction charge on a time plan with thcir monthly bill3. Thc monthly rate of 5% will bc calculated for-5-; 7 , 10 , 12 , of 15 year term. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.010 WATER AND SEWERS § 14.17.020 Only cxi3ting individual 3inglc family applicant3 arc eligible for thc payment plan3. Ncw homc3 con3tructcd after September 1, 1996 arc rcquircd to make full conncction charge payment prior to building permit final con3truction approval for occupancy. Change of owncr3hip rcquirc3 payment in full of conncction fcc3. Remodeling con3truction i3 rcquircd to pay conncction fcc3 prior to i33uancc of building permit unless home is on thc paymcnt plan which may bc continued. 4. Monthly paymcnt3 may bc 3tartcd prior to obtaining a 3cwcr conncction permit. 57 Monthly paymcnt3 may bc initiated a3 a payment method until January 31, 2001 for Pha3c I. Noticc of 3cwcr availability and conncction rcquircmcnt3 Shall bc placed on titic3 of propertic3 within thc Allentown arca with 3cwcr 3crvicc. (Ord. 1777 § 1, 1996) A Exi3ting facilitic3 conncctcd to thc water 3y3tcm will not bc a33c33cd a water conncction fcc. 147 Allentown water conncction fcc3 for any ncw 3inglc family conncction incrca3c $198.40 per year: UNTIL CIIARCE January 31, 1998 $3.968.00 January 31, 1999 $3.968.00 January 31, 2000 $4,166.40 January 31, 2001 $4,364.80 January 31, 2002 $'1,563.20 January 31, 2003 $4,761.60 January 31, 2001- $4,960.00 January 31, 2005 $5,158.40 January 31, 2006 $5,356.80 January 31, 2007 $5,555.20 in accord with RCW 35.92.025 whcrc it i3 capped at $5,555.20. E Ryan hill water conncction fcc3 for any ncw 3inglc family conncction incrca3c $207.30 per year: UNTIL CIIARCE January 31, 1998 $4,146.40 January 31, 1999 $4,146.00 January 31, 2000 $4,353.30 Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.020 TUKWILA CODE § 14.17.050 UNTIL CIIARCE January 31, 2001 $'1,560.60 January 31, 2002 $4,767.90 January 31, 2003 $4,975.20 January 31, 200'1 $5,182.50 January 31, 2005 $5,389.80 January 31, 2006 $5,597.10 January 31, 2007 $5,80'1.'10 in accord with RCW 35.92.025 where it is capped at $5,80'1.10. (Ord. 1777 § 2, 1996) Allentown is bordered by the BNSF railroad on the e Gt the Duw •v i t D:•, on the ••'" and the west, and S. 1 15th St. on the north. Ryan Hill includes the arm approximately bounded by S. 114th St., 513t Ave. S., S. Ryan Way, and 47th Ave. S. Allentown i3 depicted on map, Figure 14 1 (attached to the ordinance codified hcrcin a3 Exhibit A) and Ryan Hill on Figurc 14 2 (Exhibit B); both map3 arc incorporated hcrcin by thi3 reference a3 if act forth in full.} (Ord. 1777 § 3, 1996) Thc 3uccc33fu1 implementation of later pha3c3 of thc Scwcr Plan for thc 3cvcn rc3idential arca3 i3 dcpcndcnt on thc repayment of general fund rcvcnuc3 from thc conncction fcc3. The City Council will review conncction requirements, exemptions and othcr revenue recovery alternatives to insurc that thc scwcr plan remains viable and adequately fundcd in 2001. (Ord. 1777 § 4, 1996) A7 Allentown Phasc 2 and Fostcr Point homes cxisting on September 1, 2007 will be required to conncct to thc Scwcr and pay a33ociated conncction chargc3 if any portion of any building i3 3ituated within 250 feet of a Sanitary Scwcr linc or lateral, and if: 4- Scptic or hoalth problems arc identified by King County Hoalth Department that rcquirc repair of thc Scptic tank 3y3tcm, or; Thc home changes ownership, or; Remodeling occur3 adding a bathroom or bedroom. Tukwila'3 Allentown Phasc 2 and Fo3tcr Point Scwcr conncction fcc will Start at $15,000 and incrca3c by $600 (4%, of $15,000) per year until 2017, in accordance with RCW 35.92.025: 1. Editor's Note: Figure 14-1 and Figure 14-2 are included as attachments to this title. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.050 WATER AND SEWERS § 14.17.050 UNTIL CIIARCE Dcccmbcr 31, 200g $15,000.00 Dcccmbcr 31, 2009 $15,600.00 Dcccmbcr 31, 2010 $16,200.00 Dcccmbcr 31, 2011 $16,800.00 Dcccmbcr 31, 2012 $17,400.00 Dcccmbcr 31, 2013 $18,000.00 Dcccmbcr 31, 201'1 $18,600.00 Dcccmbcr 31, 2015 $19,200.00 Dcccmbcr 31, 2016 $19,800.00 Dcccmbcr 31, 2017 $20,400.00 Thc maximum Allentown Pha3c 2 and Fo3tcr Point 3cwcr conncction fcc thereafter will be $20,400.00, in accordance with RCW 35.92.025. E Payment option3 for Tukwila'3 Allentown Pha3c 2 and Fo3tcr Point 3cwcr conncction fcc3 arc a3 follow3: Scwcr conncction fccs for Allentown Phasc 2 and Fostcr Point rcsidcnccs existing prior to Scptcmbcr 1, 2007, may bc deferred if applicant3 qualify a3 low income hou3chold3 in accordance with City policic3 that arc in cffcct at thc time of application. Thc 3cwcr connection fcc will bc placed a3 a licn on thc property'3 titic, and mu3t bc paid bcforc thcrc i3 a change of owncrship. 27 Scwcr conncction fcc3 for Allentown Pha3c 2 and Fostcr Point re3idcncc3 cxisting prior to Scptcmbcr 1, 2007, may bc paid on a time plan, included with thcir monthly water bill3. Thc monthly payment, with an annual intcrc3t tc of 4P ,, wil e calculated for a 5 year, 10 year, or 15 year tern. Only cxisting individual singlc family applicants arc cligiblc for thc paymcnt plans. Ncw homc3 con3tructcd after Scptcmbcr 1, 2007 arc rcquircd to make full 3cwcr conncction fcc payment bcforc issuance of thc City of Tukwila's building permit. Scwcr capacity charge, and bring proof of payment to thc City'3 Permit Ccntcr prior to thc Public Work'3 final in3pcction approval. 4. Changc of owncrship rcquircs payment in full of thc scwcr conncction fccs. Remodeling con3truction i3 rcquircd to pay 3cwcr conncction fcc3 prior to i33uancc of building permit unlc33 home i3 on thc payment plan, which may bc continued. Monthly payments may bc started prior to obtaining a scwcr conncction permit. 67 Monthly paymcnt3 may bc initiated a3 a payment method until Dcccmbcr 31, 2017 for Allentown Phasc 2 and Fostcr Point. After Dcccmbcr 31, 2017, thc scwcr conncction fcc must bc paid in full. D- Noticc of 3cwcr availability and conncction rcquircmcnt3 3ha11 bc placed on titic3 of Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.050 TUKWILA CODE § 14.17.080 propertic3 within Tukwila'3 Allentown Pha3c 2 and Foster Point arca with Sewer 3crvicc. (Ord. 2177 § 1, 2007) A Rc3idcncc3 cxi3ting prior to Scptcmbcr 1, 2007 and conncctcd to thc water 3y3tcm will not be a33c33cd a water conncction fcc. 147 Ncw homes constructed after Scptcmbcr 1, 2007 arc rcquircd to make full water conncction fcc payment upon i33uancc of thc building permit. Tukwila'3 Allentown Pha3c 2 and Fo3tcr Point water conncction fcc3 will Start at $8,247.13 0 $8,247.13) per year until 2017, in accordance with RCW 35.92.025: UNTIL CIIARCE Dcccmbcr 31, 2008 $8,247.13 Dcccmbcr 31, 2009 $8,577.01 Dcccmbcr 31, 2010 $8,906.89 Dcccmbcr 31, 2011 $9,236.77 Dcccmbcr 31, 2012 $9,566.65 Dcccmbcr 31, 2013 $9,896.53 Dcccmbcr 31, 2011 $10,226.41 Dcccmbcr 31, 2015 $10,556.29 Dcccmbcr 31, 2016 $10,886.17 Dcccmbcr 31, 2017 $11,216.05 Thc maximum Allentown Pha3c 2 and Fo3tcr Point water conncction fcc thereafter will be $11,216.05, in accordance with RCW 35.92.025. (Ord. 2177 § 2, 2007) § 14.17.070. Phase 2 Service Arca Boundaries. Allentown i3 bordcrcd by thc BNSF railroad on thc ca3t, thc Duwami3h River on thc South and thc west, and South 115th Strcct on thc north. Fostcr Point is bordcrcd by South 130th Placc to thc cast, thc Duwamish Rivcr on thc south and thc north, and includes 56th Avcnuc South, 57th Avcnuc South, South 133rd Strcct and Pamela Drive. Thc arca3 arc Shown on thc attachment to thi3 ordinance, and incorporated herein by thi3 reference a3 if act forth in full. (Ord. 2177 § 3, 2007) Thc 3uccc33fu1 implementation of 1 i3 dependent on thc repayment of general fund rcvcnuc3 from thc conncction fcc3. Thc City Council will review conncction rcquircmcnt3, cxcmption3 and othcr revenue recovery alternatives to insurc that thc scwcr plan remains viable and adequately fundcd. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.080 (Ord. 2177 § 4, 2007) WATER AND SEWERS § 14.17.080 Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.18.010 WATER AND SEWERS § 14.18.030 CHAPTER 14.18 DUWAMISI4 SEWER AND WATER CONNECTIONS Duwamish arca homc3 a3 3pcllcd out by TMC Scction 14.18.020, cxi3ting on November 30, 2002 will bc required to conncct to thc 3cwcr and pay thc a33ociated conncction chargc3, if any portion of any building i3 Situated within 250 feet of a Sanitary 3cwcr linc or lateral, and if: 4- Scptic or health problcm3 arc idcntificd by King County health Department that rcquiro repair of thc Scptic tank 3y3tcm, or; 27 Thc home changc3 owncr3hip, or; Remodeling occurs, adding a bathroom or bedroom. (Ord. 2007 § 1, 2002) § 14.18.020. Sewer Service Arca Boundaries. Thc Duwamish service arm is bordcrcd by thc Duwamish Rivcr on thc north and thc cast; East Marginal Way South on thc west; and Intcrurban Avenue South on thc south, as shown on Figure 14 3.4 (Ord. 2007 § 2, 2002) A Exi3ting facilitic3 in thc Duwamish ncighborhood which arc conncctcd to thc water 3y3tcm on thc effective date of thi3 ordinance will not bc a33c33cd a water conncction fcc. 147 Watcr conncction for any new single family connection in thc Duwamish ncighborhood will bc a33c33cd thc following fcc3, which reflect a 1% incrca3c per year in accordance with RCW 35.92.025: UNTIL CIIARCE January 31, 2006 3,975.1'1 January 31, 2007 '1,015.19 January 31, 2008 '1,055.3'1 January 31, 2009 /1,095.89 January 31, 2010 '1,136.8'1 January 31, 2011 11,178.20 January 31, 2012 11,219.98 January 31, 2013 '1,262.17 January 31, 2011 '1,30'1.79 January 31, 2015 '1,3/17.83 Editor's Note: Figure 11 3 is included as an attachment to this title. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.18.030 WATER AND SEWERS § 14.18.040 F The applicable water conncction charge Shall be paid bcforc thc City given any final building permit approval. (Ord. 2058 § 1, 2004) § 14.18.040. Water Scrvicc Arca Boundaries. The Duwami3h Scrvicc arca i3 bordcrcd by thc Duwami3h Rivcr on thc north and thc ca3t; Ea3t Marginal Way South on thc went; and Interurban Avenue South on thc South, a3 3hown on Figure 14 3.4 (Ord. 2058 § 2, 2004) Editor's Note: Figure 11 3 is included as an attachment to this title. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.19.010 WATER AND SEWERS § 14.19.030 CHAPTER 14.19 TUKWILA SOUTH AND ORILLIA ROAD SEWER CONNECTIONS § 14.19.010. Sewer Connection Requirements and Fees. A. Homes on Orillia Road existing on July 1, 2013 will be required to connect to the sewer and pay associated connection charges if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral and if: 1. Septic tank or health problems are identified by the King County Health Department that require repair of the septic tank system; or 2. The home changes ownership; or 3. Remodeling occurs adding a bathroom or bedroom. B. Parcels within the service area boundary will be required to connect to the sanitary sewer system and pay in full associated sewer connection charges before issuance of the City of Tukwila's building permit for the specific development. C. Change of ownership requires payment in full of the sewer connection fees. D. The Tukwila South and Orillia Road sewer connection fees will equal $0.056530 per square foot of total property that is connected to the sanitary sewer system based on King County records. E. Notice of sewer availability and connection requirements shall be placed on titles of properties within the Tukwila South and Orillia Road sewer service area. King County recording fees will also be paid in full with the sewer connection fees. (Ord. 2441 § 2, 2014; Ord. 2760, 5/7/2025) § 14.19.020. Service Area Boundaries. A. The sewer service boundary area is generally the north margin of South 204th Street; the area west of the Green River and Segale Business Park; the east margin of Orillia Road, Interstate I-5 and the City SeaTac; and the south margin of South 180th Street. Also included are adjacent tax parcels 023900-0300, 023900-0310, 023900-0247, 0239000365, and 023900-0320 along Orillia Road. A map of the service area is shown in Figure 14-7.4 B. Excluded from connection fees are areas recorded as Sensitive Area Tracts, Exceptions, Reserve Drainage Tracts, Open Space Tracts and Not Buildable Tracts. (Ord. 2441 § 3, 2014; Ord. 2760, 5/7/2025) § 14.19.030. Funding Recovery Review. The successful implementation of later phases of the sanitary sewer installation for the City is dependent on the repayment of sewer fund revenues from the sewer connection fees. The City Council will review connection requirements, exemptions and other revenue recovery alternatives to ensure the sewer plan remains viable and adequately funded. (Ord. 2441 § 4, 2014) 4. Editor's Note: Figure 14-7 is included as an attachment to this title. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.20.010 § 14.20.010. Adopted. WATER AND SEWERS § 14.20.020 CHAPTER 14.20 COMPREHENSIVE SEWER PLAN "Exhibit 1" of the ordinance codificd hcrcin and dc3cribcd a3 thc "Comprchcn3ivc Scwcr Plan for thc City of Tukwila, Wa3hington, Augu3t, 1970" i3 incorporated by reference, and adopted and ordained a3 thc comprchcn3ivc 3cwcr plan for thc City. (Ord. 6'16 § 1, 1970) § 14.20.020. Copies on File. Not 1c33 than thrcc copic3 of the comprchcn3ivc 3cwcr plan have bccn and Shall hereafter remain on filc for use in examination by thc public in thc office of thc City Clerk. (Ord. 6'16 § 2, 1970) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.010 WATER AND SEWERS § 14.24.030 CIIAPTER 1'1.2'1 FIRE HYDRANTS All firc hydrant3 in3talled within thc corporate limit3 of the City of Tukwila 3ha11 meet or exceed thc 3pccification3 and 3tandard3 act out in TMC Chapter 14.24. (Ord. 1692 (part), 1994) § 14.24.020. Type. llydrant3 3ha11 conform to American Water Work3 A33ociation Spccification3 C502 54; 3ha11 bc comprc33ion typc and 3ha11 have a two piccc breaking flange with breaking thimble at the ground linc or stem; and shall havc a sclf oiling dry bonnct with factory filled rcscrvoir holding approximately 8 ounces of oil. Oil rcscrvoir shall havc not less than two "0" ring scals. Oil rescrvoir 3ha11 bc 3o dc3igncd a3 to give a complete lubrication of 3tcm3 each time thc hydrant i3 operated. Thc upper 3tcm 3ha11 havc a bra33 31ccvc. 4- Hydrants shall bc equipped with two 2 1/2" NST hosc ports and one 5" Stortz pumper di3chargc port, and 3ha11 havc a 1 1/4" Pentagon opcn lift operating nut. 27 Hydrants shall havc a 6" MJ bottom conncction and a 5 1/'1" main valvc opcning, and shall havc 18" above gradc level to thc center of thc pumper discharge port. Hydrant color i3 to bc "Ru3tolcum" tt659 Ycllow Glo33 or Farwcst ttX 3472 Ca3c Ycllow. Thc bonnets and ports of City hydrants shall bc painted: Rcd for up to 500 gpm Orange for 500 to 1,000 gpm Grccn for more than 1,000 gpm Ru3tolcum tt1210, Farwcst ttX 6270, or cquivalcnt Ru3tolcum tt559, Farwcst tt261, or cquivalcnt Ru3tolcum tt935, Farwcst tt255, or cquivalcnt 47 Private hydrant3 3ha11 bc all ycllow. Any cxccption to 3tatcd paint 3tandard3 mu3t bc authorized by thc Director of Public Work3. 67 Hydrants arc to bc compression typc, equal to Mucllcr ttA 123 or Mucllcr ttA '119. (Ord. 2052 § 1(part), 2004) A7 Hydrants shall not bc closer than '1 feet to any fixed objcct (c.g., fences, parking, building, urface. Grade changc3 in cxcc33 of 30 inchc3 3ha11 havc a 42 inch railing in3tallcd. Guard Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.030 WATER AND SEWERS § 14.24.050 po3t3 3ha11 bc in3talled around hydrant3 not protcctcd by curb3, 30 a3 to hclp prcvcnt motor vchic1c3 from contacting thc hydrant. Thc guard po3t3 3ha11 bc either 3tcc1 pipc (minimum 1" diameter) filled with concrctc, or concrctc (minimum 8" diameter). Po3t3 3ha11 bc 3 fcct from thc center of thc hydrant, and 3ha11 not bc in dircct linc with any di3chargc port3. Po3t3 shall bc 6 fcct long; 3 to 3 1/2 fcct 3ha11 bc buried. Painted fini3h 3ha11 bc thc Same color a3 for thc applicablc hydrants. 147 All hydrant3 3ha11 bc in3tallcd with an auxiliary gate valve bctwccn thc hydrant main valve and thc water main. Thc gate valve 3ha11 bc UL approved and have a 2" Square operating nut. Thc valvc shall bc installed at thc hydrant lateral tcc. If the hydrant is grcatcr than 10 fcct from thc main, an additional valve may bc required, but not clo3cr than 3 fcct from the hydrant. Thc protector cover for thc valve 3ha11 bc left in plain vicw, flu3h with grade after land3caping or paving. E llydrant3, auxiliary gate valvc3, and Supply linc3 3ha11 bc in3tallcd to meet 3ound cnginccring standard3 per NFPA tt24, Chaptcr3 5, 6 and 7. (Ord. 2052 § 1(part), 2004) § 14.24.040. Coverage. A7 Exccpt a3 othcrwisc providcd hcrcin for 3inglc family 3hort plat and individual 3inglc family homc3, all commercial, 3inglc family 3ubdivi3ion and multi family development, including approved conditional u3c3, 3ha11 have hydrant3 3paccd 30 that a hydrant i3 no morc than 150 fcct by linc of vehicular travel from a building and that no point around the perimeter of any building is morc than 300 fcct from a hydrant. Hydrants on watcr main3 within thc City 3ha11 bc 3paccd no morc than 300 fcct apart. 147 For 3hort plat development (four 3inglc family homc3 or 1c33) and individual 3inglc family homes that do not othcrwisc meet thc 150 foot requirement of TMC Scction 111.2'1.0'10A, hydrant3 3ha11 bc placed 30 that a hydrant i3 no morc than 250 fcct by linc of vehicular travel to thc ncarc3t point of thc building, providcd that: -l- Thc property owncr shall sign an agreement, on a form prepared by thc Director of Public Work3, which form 3ha11 includc an agreement not to protc3t thc formation of any LID or ULID, to participate in futurc water 3y3tcm improvcmcnt3 to correct dcficicncic3 that have bccn idcntificd in thc applicablc Water Comprchcn3ivc Plan and/or an cnginccring analy3i3 of the development. Examplc3 of dcficicncic3 includc, but arc not limited to, failure to meet Tukwila pipc 3izc 3tandard3, minimum flow rate (gpm) and residual prcssurc (psi) from DOH, fire codc or insurance underwriter) (whichever i3 morc 3tringcnt), and flow velocity a3 determined by thc applicablc comprchcn3ivc plan (Water Di3trict No. 75, Water Di3trict No. 125, Rcnton, ctc.) and cnginccring analy3i3; and 27 Thc hydrant flow3 a minimum of 1,000 gallon3 per minute with 20 p3i rc3idual E Whcn geographical or construction features prcvcnt thc placing of watcr mains and/or hydrant3, thc Fire Prevention Bureau may authorize in writing thc u3c of approved "wall hydrant3" or Similar dcvicc3. (Ord. 2052 § 1(part), 2004) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.050 TUKWILA CODE § 14.24.080 A llydrant3 and guard po3t3 3ha11 be in plain view for a di3tancc of 50 feet in thc line of vehicular apppeach, free f�ai3� ski , trees, fenees7lefrelsearring and similar obstruction. Thc 5" Stortz pumper di3chargc port 3ha11 face thc 3trcct or, in thc ca3c of private hydrant3, thc direction 3ha11 bc determined by thc Firc Department. All hydrant3 3ha11 have a Typc 2 Mar3hall. Hydrant Supply linc3 3ha11 bc of 3uch Size and dc3ign a3 to provide thc fire flow rcquircd by Appendix B of the International Firc Codc, Firc Flow Requirements for Buildings, and thc City'3 comprchcn3ivc water dc3ign 3tandard3. 147 Tapping into City water main3 3ha11 bc by thc procc33 known a3 "wet tapping" so a3 to allow uninterrupted service on thosc mains. (Ord. 2052 § 1(part), 2004; Ord. 2132 § 1, 2006) § 14.24.060. Exceptions. Any cxccptions to items covered in TMC Chaptcr 11.21 shall bc madc in writing by thc Chicf of thc Firc Department and thc officer in charge of thc Firc Prevention Bureau of thc Tukwila Fire Department, and mu3t conform to thc City'3 Public Work3' 3tandard3 and/or thc City'3 Comprchcn3ivc Water Plan. Any writtcn cxccption 3ha11 act forth thc ba3i3 for thc cxccption and it3 rclation3hip to public health, 3afcty or avoidance of unduc hard3hip. Rcquc3t3 for cxccption3 mu3t bc made in writing; cxccption3 granted or dcnicd 3ha11 bc in writing. (Ord. 2052 § 1(part), 200'1; Ord. 2132 § 2, 2006) Whcn an inspcction is rcqucstcd for new construction, tenant improvements or spot inspcctions, and thcn, upon arrival, thc Firc In3pcctor find3 that thc work i3 not complete, not ready for in3pcction, or doc3 not comply with fire codc rcquircmcnt3, a follow up in3pcction will be rcquircd, and a rc in3pcction fcc of $80 will bc a33c33cd. (Ord. 2132 § 3, 2006; Ord. 2169 § 1, 2007) Any per3on who 3ha11 violate any of thc provi3ion3 of TMC Chaptcr 14.24, thc International Firc Codc or appcndicc3 adopted by TMC Chaptcr 16.16, or who 3ha11 fail to comply thcrcwith, or who 3ha11 violate or fail to comply with any ordcr made thcrcundcr, or who 3ha11 build in violation of any detailed statement of specifications or plans submitted and approved thcrcundcr or any certificate or permit i33ucd thcrcundcr and from which no appeal ha3 bccn taken, or who 3ha11 fail to comply with 3uch an ordcr a3 affirmed or modified by thc Firc Mar3hal or by a court of competent juri3diction within thc time fixcd thcrcin, 3ha11 bc guilty of a gro33 mi3dcmcanor, and upon conviction thcrcof, 3ha11 bc puni3hcd by a fine in an amount not to cxcccd $5,000.00, a3 outlined in TMC Scction 16.16.080, or impri3onmcnt for a term not to cxcccd onc year or by both such finc and imprisonment. Thc imposition of onc penalty for any violation shall not excuse thc violation or permit it to continuc. Each day or portion thcrcof during which any violation of thc provi3ion3 of thi3 Scction i3 cau3cd, permitted or continucd 3ha11 con3titutc a 3cparatc offen3o Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.080 WATER AND SEWERS § 14.24.090 and 3hall bc puni3hablc a3 3uch. Application of thc penalty 3pccificd in thi3 3cction 3hall not be hcld to prevent thc enforced removal of prohibited condition3. (Ord. 2132 § 4, 2006) § 14.24.090. Appeals. Whcncvcr thc Firc Marshal di3approvc3 an application or rcfu3c3 to grant a permit applied for, thc applicant may appeal thc dcci3ion to thc Board of Appcal3 c3tabli3hcd in Scction 108 of the International Firc Codc within 30 day3 from thc date of thc Firc Mar3hal'3 dcci3ion(3). Scction 108 3hall bc amended to read: Di3putc3 regarding interpretation of codc provi3ion3 3hall be cctticd by thc International Firc Codc Institute. Whcn deemed appropriate, thc Firc Marshal will rcquc3t a formal, writtcn interpretation from thc In3titutc. (Ord. 2132 § 5, 2006) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.28.010 WATER AND SEWERS § 14.28.040 CHAPTER 14.28 STORM AND SURFACE WATER UTILITY A There i3 created and c3tabli3hed a Storm and 3urfacc water utility of the City, which 3ha11 admini3tcr thc City'3 3tonn and 3urfacc water management program and 3ha11 bc known a3 thc "City of Tukwila, Wa3hington Stone and Surface Water Utility" ("thc utility"). Thc City Shall cxcrci3c, through thc utility, whcrc po33iblc, all thc lawful powcr3 nccc33ary and appropriate to thc con3truction, condemnation and purcha3c, acqui3ition, addition to, maintenance, conduct and operation, management, regulation and control of thc Storm and surfacc watcr public utility crcated by TMC Scction 1'1.28.010 as thc same may hcrcaftcr bc added to, bcttcrcd or cxtcndcd within or without thc present and futurc limits of thc City; including, without limitation, all thc lawful powcr3 to fix, alter, regulate and control the ratc3, chargc3 and condition3 for thc u3c thcrcof, to purcha3c and condemn property on behalf of thc utility, to regulate action3 taken with rc3pcct to public and private property which affect thc flow of 3tonn and 3urfacc water and thc u3c of 3tonn and 3urfacc water facilities, and to altcr and amend thc plan adopted in TMC Scction 1'1.28.030 as necessary to implement thc policies of thc City pertaining to stone and surfacc watcr. (Scc TMC Chaptcr 14.30.) (Ord. 1523 § 1, 1989) Thc Director of Public Work3 or that official dc3ignatcd by thc Mayor 3ha11 bc admini3trator of thc utility and 3ha11 rcport dircctly to thc Mayor. (Ord. 1523 § 2, 1989) Thc City Council hcrcby approvc3 and adopt3 a3 thc original 3y3tcm or plan of thc 3tonn and 3urfacc water utility that rcport cntiticd "City of Tukwila Storm and Surface Water Utility Plan" dated May 23, 1989, on filc with thc City Clcrk and City cnginccr and incorporated in TMC Chaptcr 1'1.28 by this rcfcrcncc as though sct forth hcrcin. This original systcm or plan shall or hcld by thc City, however acquired, in3ofar a3 thcy relate to or conccrn Storm or 3urfacc water, furthcr including without limitation3 all 3uch propertic3, intcrc3t3 and right3 acquired by advcr3e po33c33ion or by prc3cription, dircctly or through another, in and to thc movement, drainage or 3toragc, or any or all of thc3c, of 3tonn or 3urfacc watcr3, or both, through, undcr or over land, landfonns, watercourses, sloughs,4Feaffisrpefrelsrlak-es-aftel-sse ; or instance, at a point whcrc storm or surfacc waters first cntcr thc stone or surfacc watcr systcm of the City and cnding in each cane or in3tancc at a point whcrc 3uch 3tonn or 3urfacc watcr3 cxit from thc 3tonn or 3urfacc water 3y3tcm of thc City, and in width to thc full cxtcnt of inundation cau3cd by 3tonn or flood condition3. Such plan includc3 variou3 improvcmcnt3 and bcttcnncnt3 of the cxi3ting facilitic3 and cxtcn3ion3 thereof a3 arc dc3cribcd thcrcin. (Ord. 1523 § 3, 1989) § 14.28.040. Property Transferred to Utility. Thc City Council cxprc331y find3 that thc above dc3cribcd 3y3tcm and plan of 3tonn Surface Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.28.040 WATER AND SEWERS § 14.28.060 water propertic3, intcrc3t3 and phy3ical intangible right3 tran3fcrrcd to thc utility i3 equal to the value of rcica3c from primary responsibility thcrcfor in3ofar a3 it rclatc3 to or conccrn3 3tonr► or 3urfacc watcr3 within thc City; and accordingly, all of thc above mentioned facilitic3 for created by TMC Chapter 14.28, and all othcr in3titution3 and dcpartmcnt3 of thc City having rcsponsibility thcrcfor arc, to thc same cxtcnt, rcloascd from such primary rcsponsibility. (Ord. 1523 § 4, 1989) 76,7 Thcrc is created a fund which shall bc known as thc "storm and surfacc watcr utility fund." All rcvcnuc3, a33c33mcnt3 and othcr chargc3 collcctcd by thc utility, or othcrwi3c rcccivcd for 3tonn and 3urfacc water purpo3c3 or attributable to thc operation and maintenance of thc utility, and all loan3 to or grant3 or fund3 rcccivcd for it3 con3truction, improvcmcnt and operation, 3ha11 bc dcpo3itcd in thc 3tonn and 3urfacc water utility fund. All improving thc utility facilitics, whcthcr such facilitics arc natural, constructed or both, and admini3tcring thc utility, 3ha11 bc made from thc 3tonn and 3urfacc water utility fund. 147 Thc City may create, at 3uch time or timc3 a3 it dccm3 appropriate, any othcr fund3 ncccssary to thc administration of thc stone and surfacc watcr utility, and may designate thc rcvcnuc3 to bc placed thcrcin and thc purpo3c or purpo3c3 of 3uch fund3 which may be thc Same a3 onc, Some or all of the purpo3c3 dc3ignatcd in TMC Scction 14.28.050 a3 the purpo3c3 of the 3tonn and 3urfacc water utility fund created hcrcin, and 3uch purpo3c3 3ha11 thcn bc tran3fcrrcd to 3uch ncwly created fund. (Ord. 1523 § 5, 1989) 76,7 Thc City ha3 authority to c3tabli3h, by ordinance of thc City Council, rate cla33ification3, scrvicc3 chargc3, 3y3tcm development chargc3, in3pcction and permitting fcc3, application and conncction fccs and such othcr fccs and charges ncccssary and sufficient in thc opinion of the City Council to pay for thc following: Thc co3t3, including dcbt Service and related financing cxpcn3c3, of the con3truction, rcconstruction and improvcmcnt of storm and surfacc watcr facilitics ncccssary and rcquircd for thc handling of Storm and 3urfacc watcr3 within thc Service arca, but not prc3cntly in cxi3tcncc; 27 Thc operation, repair, maintenance, improvcmcnt, replacement and rcconstruction of storm and 3urfacc water facilitic3 within thc Service arca which prc3cntly cxi3t; Thc purcha3c of a fcc or 1c33cr intcrc3t, including ca3cmcnt3, in land which may be ncccssary for thc stone and surfacc watcr system in thc service area including, but not limitcd to, land ncccssary for thc in3tallation and con3truction of 3tonn and Surface water facilitic3 and all othcr facilitic3, including rctcntion and dctcntion facilitic3, which arc rca3onably rcquircd for proper and adequate handling of 3tonn and Surface watcr3 within thc Service arca; 4. Thc co3t3 of monitoring, in3pcction, enforcement and administration of thc utility including, but not limited to, water quality 3urvcillancc, private maintenance Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.28.060 TUKWILA CODE § 14.28.080 in3pcction, con3truction in3pcction and other activitic3 which arc rca3onably rcquircd for thc proper and adequate implementation of thc City'3 Storm and surfacc water policic3; and 57 Thc con3truction and 3ub3cqucnt maintenance of tho3c futurc facilitic3 a3 rcquircd by thc Storm and surfacc water plan adopted in TMC Scction 14.28.030, a3 it 3hall be amended from time to time. 147 Thc fcc3 and chargc3 to bc paid and collcctcd pursuant hcrcto 3hall not bc u3cd for general or othcr governmental or proprietary purpo3c3 of thc City, cxccpt to pay for thc equitable share of thc co3t3 of accounting, management and government thcrcof incurrcd on behalf of the utility. (Ord. 1523 § 6, 1989) TMC Chapter 14.28, any Storm and surfacc water codc to bc adopted by thc City Council to implement TMC Chapter 14.28, and any guidclinc3, rulc3, 3tandard3, 3pccification3, requirements, regulations and proccdurcs est intended to provide thc authority and procc33c3 to achieve coat effective Storm and surfacc water management in normal condition3, including period3 and cvcnt3 of precipitation common to thc Tukwila arca. No City liability 3hall bc inferred, implied or intcrprctcd by thc adoption and application of TMC Chapter 14.28, for damagc3 which result from cxi3ting condition3 or which occur 3ub3cqucnt to thc date of the ordinance codificd in TMC Chapter 14.28 during that period of time necessary for thc City to study thc storm and surfacc watcr systcm of the City, to diagno3c thc Storm and surfacc water problcm3 of thc City, and to appropriate fund3 to alter the cxi3ting condition3 in ordcr to rcmcdy certain Storm and surfacc water problcm3 a3 and in the order that thc City dctcrminc3 to bc moat critical to thc health and 3afcty of thc rc3idcnt3 of the City a3 fund3 become available to rcmcdy thc3c problcm3. Thcrc 3hall bc no liability a33ociatcd with thc utility'3 approval of any privatcl systcm and/or privately maintained portion of thc storm and surfacc watcr systcm, unless the City acccpt3 thc Same a3 part of it3 publicly owncd and/or maintained 3y3tcm. (Ord. 1523 § 7, 1989) § 14.28.080. Civil Penalties. A Thc violation of or failure to comply with any ordcr or requirement made in accordance with thc provi3ion3 of TMC Chapter 14.28 i3 a civil violation. Thc provi3ion3 of TMC Chapter 8.45 3hall bc u3cd to cnforcc TMC Chapter 14.28. 147 It 3hall not bc a dcfcn3c to thc pro3ccution for failure to obtain a permit rcquircd for TMC Chapter 14.28 that a contractor, subcontractor, per3on with rc3pon3ibility on thc 3itc, or per3on authorizing or dirccting thc work crroncou3ly believed a permit had bccn i33ucd to thc property owncr or any othcr person. (Ord. 1755 § 4 (part), 1995) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.010 § 14.30.010. Authority. WATER AND SEWERS § 14.30.010 CHAPTER 14.30 SURFACE WATER MANAGEMENT A. The Public Works Director shall administer and enforce the provisions of TMC Chapter 14.30. The Director's authority includes the establishment and publication of regulations and procedures to supplement and implement this Chapter, approval of permits and exceptions, and enforcement and implementation of measures necessary to carry out the intent of TMC Chapter 14.30. Such regulations and procedures shall be incorporated within Chapter 5 of the Public Works Development Guidelines and Infrastructure Design and Construction Standards, as amended, revised or re -adopted from time to time and hereinafter known and referred to as the Public Works Surface Water Regulations and Procedures. B. The Public Works Director is authorized to develop and implement an inspection program for the investigation of sites that have the potential to discharge pollutants to the stonnwater drainage system, suspected illicit discharges, and illicit connections in the City of Tukwila. C. The Public Works Director may initiate all required actions to prevent or stop acts or intended acts of an applicant or other person that constitute a hazard to life or safety; endangered property; or adversely affect the safety, use or stability of a public way, surface water, a conveyance system or a critical area or buffer. D. If the Director determines that a person engaged in an activity that could or does negatively affect surface water has failed to comply with City code or with approved surface water plans and/or other permit conditions, the Director may implement any or all of the following enforcement actions: 1. Suspend or revoke without written notice any surface water permit issued by the City, when the Director determines an immediate danger to life, safety or property exists in a downstream area or adjacent property. 2. Serve a written notice of violation upon that person by registered or certified mail or personal service. The notice shall set forth the measures necessary to achieve compliance, specify the time to commence and complete corrections and indicate the consequences for failure to correct the violation. 3. Suspend or revoke any stormwater related permit issued by the City after written notice is given to the applicant for any of the following reasons: a. Any violation(s) of the conditions of the surface water permit; b. Changes in site runoff characteristics upon which a permit or exception was granted; c. Construction not in accordance with the approved plans; or d. Non-compliance with correction notice(s) or "stop work" order(s) issued for the construction of temporary or permanent stormwater management facilities. 4. Post a "stop work" order at the site directing that all activities that could affect surface water or a conveyance system cease immediately. The "stop work" order may include Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.010 TUKWILA CODE § 14.30.020 any discretionary conditions and standards adopted in TMC Section 14.30.070 that must be fulfilled before any work may continue. (Ord. 2675 § 4, 2022) § 14.30.020. Purpose and Intent. A. The purpose of TMC Chapter 14.30 is to provide for the health, safety, and general welfare of the citizens of Tukwila, Washington, through the regulation of development activities that could affect stonnwater and non-stonnwater discharges to the stormwater drainage system to the maximum extent practicable as required by federal and state law. This chapter also establishes )_methods for controlling the introduction of pollutants into the stonnwater drainage system in order to comply with the requirements of the National Pollutant Discharge Elimination Systems ("NPDES") permit process. The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the following purposes: 1. Promote sound development policies and procedures that protect and preserve the City's water courses, groundwater, and surface water infrastructure. 2. Protect surface water conveyance systems and receiving waters from pollution, mechanical damage, excessive flows, and other conditions that increase erosion and/ or turbidity, siltation and other pollution, or that will reduce groundwater recharge or endanger aquatic and benthic life within surface waters and receiving waters within the State. 3. Meet the requirements of state and federal law. 4. Fulfill the City's responsibilities as trustee of the environment for future generations. 5. Promote the health, safety and welfare of the public. 6. Protect private and public property from drainage related damage. 7. Promote site planning and construction practices that are consistent with natural topographical, vegetative, and hydrological conditions. 8. Preserve and enhance the suitability of water bodies for recreation and wildlife habitat. 9. Regulate the contribution of pollutants to the stormwater drainage system by stormwater discharges by any person. 10. Prohibit illicit connections and illicit discharges to the stormwater drainage system. 11. Establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter. B. The intent of this chapter is to place the obligation of complying with its requirements upon the stormwater facility owner. Neither the City nor its officers, agents, or employees shall incur liability or be held liable by reason of taking any action required or permitted hereunder. C. The intent of this chapter is not to repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.020 WATER AND SEWERS § 14.30.030 (Ord. 2675 § 5, 2022) § 14.30.030. Definitions. Unless specifically defined below, words or phrases used in TMC Chapter 14.30 shall be interpreted using the meaning they have in common usage and to give TMC Chapter 14.30 its most reasonable application; provided that words or phrases not defined herein that are defined in the "Surface Water Design Manual" or "Stormwater Pollution Prevention Manual," shall have the meaning given therein. 1. "AKART" means All Known, Available, and Reasonable methods of prevention, control, and Treatment (see also the State Water Pollution Control Act, RCW 90.48.010 and RCW 90.48.520). 2. "Applicant" means any person, governmental agency, or other entity that executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. Applicant also means any person, governmental agency, or other entity that is performing or plans to perform permitted work within the City. 3. "Approval" means proposed work or completed work conforming to TMC Chapter 14.30 as approved by the Director. 4. "Best management practice" or "BMP" means those practices, prohibitions of practices, or schedules of activities, which provide the best available and reasonable physical, structural, managerial, or behavioral activity to: (a) reduce or eliminate pollutant loads and/or concentrations leaving a site; or (b) prevent or reduce the discharge of pollutants directly or indirectly to stonnwater, receiving waters or stonnwater conveyance systems. BMPs also include operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. 5. "City" means the City of Tukwila or the City Council of Tukwila. 6. "Clean water act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq) and any subsequent amendments thereto. 7. "Comprehensive surface water management plan" means a plan adopted by the City Council that provides direction for management of the City's surface and stonnwater system to benefit the community and meet the City's overriding goal of health and sustainability. 8. "Conveyance system" means natural and man-made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features include swales, streams, rivers, lakes and wetlands. Man-made features include gutters, ditches, pipes, detention/retention facilities, dikes, levees and revetments. 9. "Critical drainage area" means an area, as determined by the City, needing additional controls to address flooding, drainage, and/or erosion conditions that pose an imminent likelihood of harm to the welfare and safety of the surrounding community. 10. "Development" means any man-made change of improved or unimproved real estate; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill, clearing or land disturbance; or any use or extension of the use of land. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.030 TUKWILA CODE § 14.30.030 11. "Director" )_means the Director of Public Works or designee. 12. "Drainage review" means an evaluation by the City to determine compliance with the City's standards and adopted Surface Water Management Manual. 13. "Erosion" means detachment and transport of soil or rock fragments by water, wind, ice, etc. 14. "Groundwater" means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. 15. "Hazardous materials" means any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 16. "Hyperchlorinated" means water that contains more than 10 mg/liter chlorine. 17. "Illicit connection" means any man-made conveyance that is connected to a stormwater drainage system without a permit, excluding roof drains or other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, and inlets or outlets that are connected directly to the stormwater drainage system. 18. "Illicit discharge" )_means all non -surface water discharges to surface water conveyance systems that cause or contribute to a violation of State water quality, sediment quality or ground water quality standards. These discharges include, but are not limited to, sanitary sewer connections, industrial process water, interior floor drain connections, waste dumping, car washing and grey water systems. 19. "Imminent hazard" means the existence of a condition that presents a substantial endangerment to health, property or the environment. 20. "Low impact development" ("LID") means a stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. 21. "National pollutant discharge elimination system stormwater discharge permit" means a permit issued by the Washington Department of Ecology under the authority delegated pursuant to 33 U.S.C. § 1342(b) (Clean Water Act) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis. 22. "Non-stormwater discharge" means any discharge to the stormwater drainage system that is not composed entirely of stormwater. 23. "Person" means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner's agent. 24. "Plans" means the plans, profiles, cross sections, elevations, details and supplementary specifications, showing the location, character, dimensions and details of the work to be Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.030 WATER AND SEWERS § 14.30.030 performed. These plans are approved by the Public Works Director and are usually signed by a registered professional engineer licensed in the State of Washington. 25. "Pollutant" )_means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid, solid waste and yard waste; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliforn and pathogens; dissolved and particulate metals; animal waste; waste and residue that results from constructing a building or structure; and noxious or offensive matter of any kind. 26. "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of waters of the State that will or is likely to create a nuisance or render waters harmful, detrimental or injurious to: 1) public health, safety or welfare, or 2) domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or 3) livestock, wild animals, birds, fish or other aquatic life. Contamination includes discharge of any liquid, gas or solid radioactive or other substance. Alteration includes temperature, taste, color, turbidity or odor. 27. "Premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. 28. "Project" means activity encompassing all phases of the work to be performed and is synonymous to the tern "improvement" or "work." 29. "Runoff' means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow groundwater and that portion of precipitation that becomes surface flow and interflow. 30. "Sediment" means fragmented material originating from weathering and erosion of rocks or unconsolidated deposits, which is transported by, suspended in or deposited by water. 31. "Sedimentation" means the deposition or formation of sediment 32. "Single-family residence" means a project that constructs or modifies one single family dwelling unit and/or makes related on -site improvements, such as a driveway, outbuildings or play courts. 33. "Source control best management practice" or "source control BMP" means a structure or operation that is intended to prevent pollutants from coming into contact with stonnwater through physical separation of areas or careful management of activities that are sources of pollutants. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stonnwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. 34. "Stonnwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel or a constructed infiltration facility. 35. "Stonnwater drainage system" means a constructed conveyance system and natural Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.030 TUKWILA CODE § 14.30.050 features that function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater. 36. "Stonnwater related permit" means a Public Works permit or a surface water concurrency test. 37. "Stornwater pollution prevention plan" means a document that describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at premises and the actions to eliminate or reduce pollutant discharges to stornwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. 38. "Surface flow" means flow that travels overland in a dispersed manner (sheet flow) or in natural channels or streams or constructed conveyance system. 39. "Surface water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow channels, or pipes into a natural drainage system, a surface water conveyance system, or into a constructed surface water facility. 40. "Surface water plan" means a set of drawings and documents submitted as prerequisite to obtaining a development permit. 41. "TMC" means the Tukwila Municipal Code. 42. "Typical" means the guidelines that shall be followed unless the Director approves an exception. 43. "Water body" means a creek, stream, pond, wetland, lake, or river. 44. "Watershed" means a geographic region within which water drains into a particular river, stream, or water body as identified and numbered by the State of Washington Water Resource Inventory Area (WRIAs) as defined in the Washington Administrative Code. (Ord. 2675 § 6, 2022) § 14.30.040. Applicability. TMC Chapter 14.30 applies to: 1. All development activities occurring within the City limits that could affect surface water; and 2. Any materials and discharges other than stormwater entering the stormwater drainage system generated on any developed and undeveloped lands lying within the City of Tukwila. (Ord. 2675 § 7, 2022) § 14.30.050. Compliance. A. TMC Chapter 14.30 contains minimum requirements. The requirements do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where TMC Chapter 14.30 imposes requirements that provide more protection to human health or the environment, the Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.050 WATER AND SEWERS § 14.30.060 requirements of TMC Chapter 14.30 shall prevail. B. Approvals and pennits granted under TMC Chapter 14.30 do not imply waiver of other laws and regulations, nor do they indicate compliance with other laws and regulations. C. Compliance with the minimum standards and requirements set forth in TMC Chapter 14.30 and related regulations, standards, and manuals adopted by the City does not necessarily mitigate all impacts to human health and the environment. In such cases, the applicant must implement additional mitigation to protect human health and the environment. D. City departments shall comply with all the requirements of TMC Chapter 14.30, with the exception of obtaining permit and approvals from the City for works perfonned in the public rights -of -way, or for operation and maintenance activities by the Department of Parks and Recreation. (Ord. 2675 § 8, 2022) § 14.30.060. Standards. A. Unless the Director requires more stringent standards to mitigate a project's impact to the public and environmental health and safety, development activities within the City shall be undertaken in accordance with the following minimum standards, which may be amended from time to time by the Director: 1. The City's National Pollutant Discharge Elimination System (NPDES) pennit. 2. The 2021 King County Surface Water Design Manual, attached hereto as "Exhibit A," is hereby adopted by reference as the City of Tukwila "Surface Water Design Manual" and, together with the amendments thereto as set forth in this section, shall be known and referred to as the "Surface Water Design Manual" or the SWDM.5 3. The Department of Ecology 2019 Stonnwater Management Manual for Western Washington ("DOE SWDM"), may be used for project design for multi -jurisdictional development projects wherein a substantial and material portion of the development project will take place outside of the jurisdictional boundaries of the City and will be required by a pennitting authority to comply with the standards set forth in the DOE SWDM; provided that the Public Works Director approves of the DOE SWDM based upon a finding that application of differing standards set forth in the SWDM and the DOE SWDM will create a hardship for the applicant, and that approval of use of the DOE SWDM will not result in requirements that are less restrictive than the SWDM or otherwise inconsistent with the purpose of this chapter. 4. The 2021 King County Stonnwater Pollution Prevention Manual, attached hereto as "Exhibit B", is hereby adopted by reference as the City of Tukwila Stonnwater Pollution Prevention Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the "Stonnwater Pollution Prevention Manual" or the "SPPM."6 5. The Public Works Surface Water Regulations and Procedures. 5. City Clerk's Note: Attachments are not included in the Tukwila Municipal Code. Exhibit A can be found in the Digital Records Center under Ord. 2675. 6. City Clerk's Note: Attachments are not included in the Tukwila Municipal Code. Exhibit B can be found in the Digital Records Center under Ord. 2675. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.060 TUKWILA CODE § 14.30.085 6. Any applicable standards, codes, or recommendations in specific reports such as the geotechnical report and the Technical Information Report. 7. The City's Development Guidelines and Infrastructure Design and Construction Standards. 8. The Comprehensive Surface Water Management Plan or Drainage Basin Plans. B. Unless the context indicates otherwise, the following terns and phrases, as used in the SWDM or the SPPM, shall have the meaning or reference given: 1. See Figure 14-4 relating to Tukwila Terminology Equivalents to King County Terminology.' 2. All references to King County codes or any section thereof in the SWDM or the SPPM shall be replaced by reference as indicated in Figure 14-5 to the applicable code and comparable section thereof8 3. All references to maps in the SWDM and SPPM shall be replaced by reference as indicated in Figure 14-6.9 (Ord. 2675 § 9, 2022) § 14.30.070. Permits. A. Activities that trigger drainage review pursuant to the "Surface Water Design Manual" require a permit to be issued by the City. Such permits shall be non -transferable without approval of the Director and shall be limited to the specific activities for which they are granted. B. All plans, drawings, and calculations shall be prepared, stamped, signed and dated by a registered professional engineer, licensed in the State of Washington. A single-family residence that is not in a critical area and does not trigger drainage review may be exempt from this requirement. C. The submittals for the permit must meet or exceed the minimum criteria as required in the standards adopted in this chapter. The Director may require additional submittals to those described therein. D. Any significant changes to the approved plans or specifications of a permitted project require a revision submittal to the City for approval before the changes are implemented. (Ord. 2675 § 10, 2022) § 14.30.080. Compliance Required. Property owners are responsible for the maintenance, operation and repair of stormwater drainage systems within their property. Property owners shall maintain, operate and repair stormwater drainage systems in compliance with the requirements of this chapter and the "Surface Water Design Manual." (Ord. 2675 § 11, 2022) 7. Editor's Note: Figure 14-4 is included as an attachment to this title. 8. Editor's Note: Figure 14-5 is included as an attachment to this title. 9. Editor's Note: Figure 14-6 is included as an attachment to this title. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.085 WATER AND SEWERS § 14.30.090 § 14.30.085. Maintenance Required. A. All stormwater drainage systems in the City shall be maintained according to this chapter and the minimum maintenance standards detailed in the "Surface Water Design Manual." B. All stonnwater drainage systems shall be inspected on a periodic basis, as described in the "Surface Water Design Manual." If, during an inspection, a stonnwater drainage system is found not to be in compliance with the minimum required standards, the owner or operator of the stonnwater drainage system shall immediately repair the system and return it to proper operating condition in compliance with this chapter and any applicable covenant. Inspections may be scheduled more frequently to ensure the stonnwater drainage system continually functions as designed. C. Where abatement is found necessary to correct health or safety problems, to control pollutants from entering the stonnwater drainage system, to prevent surface water or ground water quality degradation, or to remove pollutants that have entered the stonnwater drainage system, such work shall be completed immediately by the owner or operator of the stormwater drainage system. If the owner does not complete the work, the City is authorized to enter the property and abate the problem in accordance with TMC Section 14.30.090. D. Where regular maintenance and/or repair is found necessary during inspection, maintenance shall be performed in accordance with the maintenance schedule established by the stonnwater manual. (Ord. 2675 § 12, 2022) § 14.30.090. Inspection Authority and Procedure. A. Inspection Authority. Whenever implementing the provisions of this chapter or whenever there is cause to believe that a violation of this chapter has been or is being committed, the Director is authorized to inspect during regular working hours and at other reasonable times all stonnwater drainage systems within the City to determine compliance with the provisions of this chapter. B. Inspection Procedure. The procedure outlined below shall be followed when inspections occur: 1. Prior to making any inspections on private property, the Director shall present identification credentials, state the reason for the inspection and request entry. 2. If the property or any building or structure on the property is unoccupied or inaccessible, the Director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry. 3. If, after reasonable effort, the Director is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stonnwater drainage system creates an imminent hazard to persons or property, the Director may enter. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.090 TUKWILA CODE § 14.30.110 4. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist that create an imminent hazard, the Director shall obtain a search warrant, prior to entry, as authorized by the laws of the State of Washington. 5. The Director may inspect the stormwater drainage system without obtaining a search warrant as provided for in TMC Section 14.30.090.B.4, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. 6. The Director shall investigate illicit discharges in an effort to identify the source. If such discharges are tracked to a specific connection to the public stormwater drainage system, or directly to surface water or ground water, inspection and investigation of that site will be initiated in compliance with the inspection procedures defined in this section. If the discharge is an imminent threat to public safety or the environment, emergency action shall be taken in accordance with this TMC Section 14.30.090. (Ord. 2675 § 13, 2022) § 14.30.100. Inspection and Maintenance Schedule for Stormwater Flow Control and Water Quality Treatment Facilities. A. The Director shall establish inspection and maintenance scheduling and standards for all publicly and privately owned stormwater flow control and water quality treatment facilities. The maintenance of the stormwater flow control and water quality facilities shall be guided by the "Surface Water Design Manual." The base frequency for inspection and maintenance shall be in accordance with the NPDES permit currently in effect. B. The City requires all inspections to be paid for by the property owner and conducted by a City -approved third -party inspector unless approved otherwise by the Director. C. Adjustment to a less than annual inspection frequency may be revised as approved by the Director based upon maintenance records of double the length of time of the proposed inspection frequency. (Ord. 2675 § 14, 2022) § 14.30.110. Maintenance Covenant Required for Stormwater Flow Control and Water Quality Treatment Facilities. A. Prior to the issuance of any permit for which a construction Stormwater Pollution Prevention Plan is required, the City shall require the applicant or property owner to complete and submit a Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPs ("covenant") for the City's review and approval, warranting that the property owner will manage, inspect, and maintain the stormwater flow control and water quality treatment facilities per the conditions required by TMC Chapter 14.30 and the covenant. 1. At a minimum, the covenant shall describe the maintenance activities, spell out the frequency for each activity and state who performs and who pays for each activity. 2. The covenant shall provide unlimited access, at all reasonable times, to the stormwater drainage systems for inspection by the Public Works Department. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.110 WATER AND SEWERS § 14.30.140 B. Once approved by the City, the covenant shall be signed by the applicant or property owner and promptly recorded on title with the King County Department of Records and Elections. A copy of the recorded covenant shall be provided to the Director prior to the final inspection. C. The covenant shall be included in any instrument of conveyance of the subject property, shall run with the land, and shall be binding upon such owner's heirs, successors, and assigns. (Ord. 2675 § 15, 2022) § 14.30.120. Inspection and Maintenance Records. A. For privately -owned stonnwater drainage systems, the applicant shall provide a monitoring and maintenance schedule for the life of each stormwater drainage system or component thereof or best management practice resulting from the development. At a minimum, the schedule shall describe the maintenance activities, spell out the frequency for each activity and state who performs and who pays for each activity. B. The monitoring and maintenance schedule shall provide unlimited access, at all reasonable times, to the stonnwater drainage systems for inspection by the Public Works Department. C. The Director shall review and approve the monitoring and maintenance schedule before the applicant records the schedule with King County Records. D. Owners of projects distributing over one acre must maintain records of facility inspections and maintenance actions. Records shall be retained for a period of at least ten years. These maintenance records are to be provided to the City upon request. E. For new residential developments in excess of 1 acre, additional inspections are required of all new flow control and water quality treatment facilities, including catch basins, every six months during the period of heaviest residential construction (i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed. The City will perform periodic inspections of these same stormwater drainage systems. (Ord. 2675 § 16, 2022) § 14.30.130. Special Drainage Fee. When the City accepts stonnwater drainage system infrastructure that requires upkeep in excess of normal maintenance, the City has the right to charge the benefiting parties a special drainage fee in addition to the City's normal surface water charge, as condition of turnover, in order to cover costs for this maintenance. (Ord. 2675 § 17, 2022) § 14.30.140. Inlet Marking. A. All new inlets and catch basin grates, public or private, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised pavement marking that states "No Dumping Drains to Streams" or equivalent as approved by the Director shall be installed. B. Existing inlets and catch basin grates in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.140 TUKWILA CODE § 14.30.160 pavement marking that states "No Dumping Drains to Streams" or equivalent as approved by the Director shall be installed. C. Markings required by this section shall meet the standard in the Development Guidelines and Infrastructure Design and Construction Standards. (Ord. 2675 § 18, 2022) § 14.30.150. Trash and Waste Receptacles. A. Restaurants, including food preparation facilities, facilities with an outdoor trash compactor, or facilities that have been determined to generate pollution or waste activities, shall have a dedicated, roof -covered trash enclosure that drains to a catch basin connected to a grease interceptor that drains to the sanitary sewer. The trash enclosure area shall be kept clean and contained and shall not drain to a storm drainage system. B. Dumpsters and garbage and waste containers shall be leak -proof and kept closed or lidded at all times except when disposing of waste materials. C. Grease storage containers shall be kept covered at all times and shall have spill containment. The area shall be kept clean and clear of any fats, oil or grease and shall not drain to a storm drainage system or sanitary sewer system. (Ord. 2675 § 19, 2022) § 14.30.160. Financial Guarantees. A. The Director may require from the applicant a surety, cash bond, irrevocable letter of credit or other means of financial guarantee acceptable to the City, prior to approving a permit issued under TMC Chapter 14.30. B. The amount of the financial guarantee shall not be less than the total estimated construction cost of all interim and permanent stormwater control facilities and shall not be fully released without final inspection and approval of completed work by the City. C. For developments that may involve a risk of property damages or possible hazards, the Public Works Director may require the provision of financial guarantee (bond, note, letter of credit, etc.) with the City to mitigate damages should they occur. The following provisions shall apply in instances where such financial guarantees are required: 1. Such bond or other proof of financial guarantee shall not exceed 150% of the estimated cost of constructing and maintaining those improvements which are the source of the risk or potential hazard; provided that, in the case of surface water activities which do not involve expenditures at least equal to the cost of remedying the possible adverse impacts of such activities, the required financial guarantee shall be equal to City staffs best estimate of the possible cost directly associated with remedying the adverse impacts to public or private properties not associated with the development. 2. The amount of any financial guarantee shall not serve as a gauge or limit to the compensation collected from a property owner because of damages associated with any surface water activity. D. The City shall retain the financial guarantee until the completion of any project involving Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.160 WATER AND SEWERS § 14.30.180 surface water activity or following a prescribed trial maintenance period. E. The City may redeem financial guarantees provided in accordance with this provision in whole or in part upon determination by the Director that any or all of the following circumstances exist: 1. Failure on the part of the party providing such financial guarantee to fully comply, within the time specified, with approved plans and/or any corrective or enforcement actions mandated by TMC Chapter 14.30; or, 2. Damages to public or private property arising from the activities for which the financial guarantee was required. (Ord. 2675 § 20, 2022) § 14.30.170. Insurance. A. If, in the opinion of the Director, the risks to property or life and safety associated with a proposed development activity are substantial, the Director may require the owner of the storm drainage system to purchase liability insurance coverage in the following minimum amounts: 1. Bodily injury liability - $3 million per occurrence. 2. Property damage liability - $3 million per occurrence. B. The Director may require higher policy limits than set forth in TMC Section 14.30.170.A in those cases where the minimum amounts are deemed insufficient to cover possible risks. C. All insurance policies obtained in accordance with TMC Section 14.30.170 shall name the City of Tukwila as an "additional insured," and shall be written by a company licensed to do business in the State of Washington. Neither issuance of a permit, nor compliance with these provisions or any other conditions imposed by the City relieves any person from responsibility for damage to persons or property otherwise imposed by law, nor for damages in an amount greater than the insured amount. Issuance of a permit shall not form the basis of liability against the City for damages to persons or property arising from the development activities permitted by the City or otherwise undertaken by any person. (Ord. 2675 § 21, 2022) § 14.30.180. Discharge Prohibitions. A. Prohibition of Illicit Discharges. 1. No person shall throw, drain or otherwise discharge or cause or allow others under its control to throw, drain, or otherwise discharge directly or indirectly into the stormwater drainage system and/or surface and groundwaters any materials other than stormwater. 2. Examples of prohibited contaminants include, but are not limited to, the following: a. Trash or debris. b. Construction materials. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.180 TUKWILA CODE § 14.30.180 c. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil and heating oil. d. Antifreeze and other automotive products. e. Metals in either particulate or dissolved form. f. Flammable or explosive material. g. Radioactive material. h. Batteries. i. Acids, alkalis or bases. j. Paints, stains, resins, lacquers or varnishes. k. Degreasers, solvents or drain cleaners. 1. Pesticides, herbicides or fertilizers. m. Steam cleaning wastes. n. Soaps, detergents or ammonia. o. Swimming pool or spa filter backwash. p. Chlorine, bromine or other disinfectants. q. Heated water. r. Domestic animal waste. s. Sewage. t. Recreational vehicle waste. u. Animal carcasses. v. Food waste. w. Bark and other fibrous materials. x. Lawn clippings, leaves or branches. y. Silt, sediment, concrete, cement, or gravel. z. Chemicals not normally found in uncontaminated water. aa. Any other process -associated discharge, except as otherwise allowed in TMC Section 14.30.190 and any hazardous material or waste not listed above. B. Prohibition of Illicit Connections. 1. The construction, use, maintenance, or continued existence of illicit connections to the stonnwater drainage system is prohibited. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.180 WATER AND SEWERS § 14.30.200 2. This prohibition expressly includes, without past, regardless of whether the connection applicable or prevailing at the time of conne 3. A person is considered to be in violation currently -illicit stormwater drainage system (Ord. 2675 § 22, 2022) § 14.30.190. Allowable Discharges. limitation, illicit connections made in the was permissible under law or practices ction. of this chapter if that person allows a connection to continue to exist. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: 1. Diverted stream flows. 2. Rising groundwaters. 3. Uncontaminated groundwater infiltration, as defined in 40 Code of Federal Regulations (CFR) 35.2005(20). 4. Uncontaminated pumped groundwater. 5. Foundation drains. 6. Air conditioning condensation. 7. Irrigation water from agricultural sources that is comingled with urban stonnwater. 8. Springs. 9. Water from crawl space pumps. 10. Footing drains. 11. Flows from riparian habitats and wetlands. 12. Discharges from emergency fire fighting activities. (Ord. 2675 § 23, 2022) § 14.30.200. Conditional Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated conditions or unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: 1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent re -suspension of sediments in the stonnwater system. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.200 TUKWILA CODE § 14.30.220 2. Lawn watering and other irrigation runoff are permitted but shall be minimized. 3. De -chlorinated Swimming Pool Discharges. These discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the stonnwater system. 4. Street and sidewalk wash water, water used to control dust and routine external building wash -down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. 5. Non-stonmwater discharges covered by another NPDES permit, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted from the Director for any discharge to the stormwater drainage system. 6. Other Non-stormwater Discharges. The discharges shall be in compliance with the requirements of a Stonnwater Pollution Prevention Plan ("SWPPP") reviewed and approved by the City that addresses control of such discharges by applying AKART to prevent contaminants from entering surface or groundwater. 7. Storm system dye testing is allowable by the City and dye testing by others requires written notification to the City with approval from the Director. (Ord. 2675 § 24, 2022) § 14.30.210. Best Management Practices. A. Operational Source Control BMPs. All activities with the potential to release pollutants directly or indirectly to the City's stormwater drainage system must be mitigated by Source Control BMPs to prevent or reduce pollutants in runoff. For all discharges, property owners or persons in control shall implement operational Source Control BMPs to prevent or minimize pollutants from leaving a site or property and to prevent contaminants from coming in contact with stormwater. B. Additional BMPs. Property owners or persons in control of sites with pollutant generating activities shall implement Source Control BMPs to the extent necessary to prevent prohibited discharges. If Operational Source Control BMPs are insufficient to prevent prohibited discharges, the Director may require the implementation of structural Source Control BMPs or treatment BMPs in accordance with the SPPM or SWDM. (Ord. 2675 § 25, 2022) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.220 WATER AND SEWERS § 14.30.230 § 14.30.220. Liability. Liability for any adverse impacts or damages resulting from work performed in accordance with any permit issued on behalf of the City for the development of any site within the City limits shall be the sole responsibility of the applicant. (Ord. 2675 § 26, 2022) § 14.30.230. Enforcement Authority, Procedure, and Penalties. A. The Director shall have the authority to issue an enforcement order to an owner or responsible party to abate an illicit discharge, and/or maintain or repair a component of a stormwater drainage system in accordance with the provisions of this chapter. The order shall include: 1. A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur; 2. A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and 3. A reasonable time to comply, depending on the circumstances. B. The Director may impose an inspection fee for any stormwater drainage system found not to be in compliance with this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. Inspection fees shall also be applied if the City is required to inspect a stormwater drainage system because the property owner failed to complete the required annual inspection. Inspection fees shall be in accordance with the fee schedule adopted by resolution of the City Council. C. If the enforcement order is not adhered to, the City may provide such actions as needed to repair, restore or maintain the stormwater drainage system. If at any time the City deternines that the existing system creates any imminent threat to public health or welfare, the City may take immediate measures to remedy said threat. Under such circumstances no notice to the owner of the system shall be required. D. The owner of the stormwater drainage system shall assume all responsibility for the cost of any maintenance and for repairs to the system. Such responsibility shall include reimbursement to the City within 30 days of the receipt of the invoice for any work the City performs pursuant to TMC Section 14.30.230.D. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the City will be borne by the parties responsible for said reimbursements. E. In the event the property owner fails to pay the City within 30 days from the date the costs were incurred, the City shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the premises and will be filed with the County Auditor within 90 days from the date of the completion of the work. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the State of Washington. F. Any person who violates or fails to comply with the requirements of this chapter or who Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.230 TUKWILA CODE § 14.30.250 fails to conform with the terms of an order issued by the Director shall be subject to a civil penalty as provided in TMC Chapter 8.45. Each day of continued violation shall constitute a separate violation for purposes of this penalty. (Ord. 2675 § 27, 2022) § 14.30.240. Injunctive Relief. A. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or issued pursuant to TMC Chapter 14.30, it may either before or after the institution of any other action or proceeding authorized by TMC Chapter 14.30 institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall not relieve any party to such proceedings from any penalty prescribed for violations of TMC Chapter 14.30. (Ord. 2675 § 28, 2022) § 14.30.250. Appeals. The appeals process for/by any person aggrieved by the action of the City is provided under TMC Chapter 8.45, `Enforcement." (Ord. 2675 § 29, 2022) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA WATER AND SEWERS § 14.30.250 CHAPTER 14.31 ILLICIT DISCHARGE DETECTION AND ELIMINATION" 10. Editor's Note: This Chapter was repealed by Ordinance 2675, June 2022. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.010 WATER AND SEWERS § 14.32.020 CHAPTER 14.32 STORM AND SURFACE WATER RATES AND CHARGES § 14.32.010. Purpose. A Thc purpo3c of thi3 chapter i3 to provide for revenue to con3truct, rccon3truct, replace, improve, operate, repair, maintain, manage, admini3tcr, in3pcct, cnforcc facilitic3 and activitic3 for thc Storm and 3urfacc water utility plan and utility. 447 Thi3 chapter crcatc3 a 3y3tcm of ratc3 and chargc3 pur3uant to RCW 35.67 for thc 3tonn and 3urfacc water utility. (Ord. 1932 § 1 (part), 2000) § 14.32.020. Definitions. Thc following word3, whcn u3cd in TMC Chapter 14.32 3ha11 have thc meaning idcntificd bclow: 4- "Billing year" mcan3 thc calendar year in which bi113 arc 3cnt. 27 "Developed surface" means those surfaces which havc altered thc natural infiltration or runoff patterns that arc characteristic of natural land as it cxistcd prior to development and are not grccn and growing, land3capcd, or 3ubmcrgcd. Such 3urfacc3 3ha11 includc hard urfacc3 that prevent or retard thc cntry of water into thc 3oi1; to includc, but not limitcd to: roof top3, a3phalt or concrctc paving, drivcway3, parking lot3, patio arca3, 3toragc arca3, or othcr compacted 3urfacc3. Such 3urfacc3 3ha11 furthcr includc porou3 3urfacc3 which may accelerate thc infiltration or transfer of surfacc or ground water; to includc, but not limitcd to: infiltration pits, pilcs of rock or quarry spalls, constructed surfacc water drainage channcl3, or Similar 3urfacc3. • "Natural land" mcans parcels that havc not bccn disturbcd from thcir natural state in the last 25 ycrs. 100% of thc parccl must bc natural land for thc parccl to bc classified aJ natural land. 4 "Parcel" mcans thc smallest separately segregated unit or plot of land having an identified owncr(s), boundaries, and arm as defined by thc King County assessor and rccordcd in the King County a33c330r'3 real property filc or in thc King County a33c330r'3 map3. • "Percent dcvclopcd surfacc" mcans thc quoticnt of thc total arm of developed surfacc on a parccl divided by thc total arm of thc parccl. For purposcs of determining thc rate catcgory, thc rc3ulting percentage 3ha11 bc roundcd to thc ncarc3t wholc perccnt. 67 "Undeveloped surfacc" mcans any surfacc arm that is grccn, growing, or landscaped and supporting vegetation and shall includc land which is totally submerged. • "Property owncr of record" mcan3 thc per3on or per3on3 rccordcd by thc county a33c330r to bc thc owncr(s) of property and/or to whom property tax statements arc dircctcd. "Rate catcgory" mcan3 thc cla33ification of propertic3, ba3cd upon thc c3timatcd percentage of developed 3urfacc on thc parcel, for purpo3c3 of c3tabli3hing Utility Scrvicc Chargc3. 97 "Service charge" mcan3 that charge impo3cd on all parcc13 within thc City by thc 3torn and surfacc water utility, and 3ha11 bc thc rate catcgory to which thc parcel i3 a33igncd multiplied timc3 thc total arca of the parcel roundcd to thc ncarc3t 4,356 Square fcct (1/loth Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.020 of onc acre). WATER AND SEWERS § 14.32.050 10. "Singlc family rc3idcntial parcel" Shall mean any parcel which contain3 onc, two or three cinglc family units. A "duplcx" is cqual to two singlc family units. A "triplcx" is cqual to thrcc Singlc family unit3. 11. "Utility" mcan3 thc City 3tonn and 3urfacc water management utility. (Ord. 1932 § 1 (part), 2000) § 14.32.030. Utility Rates and Service Charges. A A utility rate and 3crvicc charge i3 impo3cd on every parcel within thc City and the owncr(s) thereof. This includcs but is not limitcd to parcels owncd by thc City, by thc Statc, by thc County, and all othcr parcc13. 147 Thc rate category c3tabli3hcd hcrcin 3ha11 bc ba3cd upon thc contribution of 3urfacc and ct rm water fr m a parccl t thc systcm. Thc am unt f c ntributi n t thc systcm shall be mca3urcd by thc c3timatcd percentage of dcvclopcd 3urfacc arca on thc parcel. Thc 3crvicc charge impo3cd on each parcel 3ha11 bc equal to thc rate category into which thc parcel fit3 multiplied timc3 thc total arca of thc parcel roundcd to thc ncarc3t 4,356 Square fcct (1/10 of onc acre). Singlc family rc3idcntial parcc13 arc groupcd togcthcr into onc rate category and will pay onc 3crvicc charge per parcel. Thi3 rate category and 3crvicc charge i3 determined by estimating thc avcragc dcvclopcd perccnt surface and thc avcragc total arm of all Singlc family parcc13 in thc City. E Utility rate catcgoric3 and annual 3crvicc chargc3 3ha11 bc charged in accordance with the fcc schedule to bc adopted by motion or resolution of thc Tukwila City Council. 147 Pur3uant to RCW 90.03.525, all parcc13 within a limited accc33 highway owncd by thc State Department of Tran3portation 3ha11 bc 3u ° that which would result if thc scrvicc charges wcrc calculated according to section 14.32.030C of the Tukwila Municipal Codc. E7 Each annual bill will bc roundcd up to thc ncarc3t number of ccnt3. Thc minimum annual ccrvicc chargc shall bc cqual to thc annual chargc for a '1,356 square foot parccl in the lowc3t rate category (1, Natural). (Ord. 1932 § 1 (part), 2000; Ord. 2104 § 1, 2005) § 14.32.040. Special Rates. Thc charge for a rc3idcntial parcel that i3 owncd by and i3 thc per3onal rc3idcncc of a per3on or qualified for a low incomc Senior rate adju3tmcnt or a low incomc di3ablcd citizcn rate adju3tmcnt pur3uant to RCW 84.36.381, or a3 thc Same may hereafter bc amended, 3ha11 bc 50%, of thc rc3idcntial rate act forth in TMC Scction 14.32.030. (Ord. 1932 § 1 (part), 2000; Ord. 2101 § 2, 2005; Ord. 2591 § 1, 2018) Any per3on receiving a utility 3crvicc charge may apply in writing to thc Director of Public Works of thc City of Tukwila for a scrvicc chargc adjustment. Filing such a rcqucst doe:, not extend the period for payment of the charge. Requests for adjustments on delinquent Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.050 TUKWILA CODE § 14.32.060 acc unt3 will n t bc acted up n until paid in full. A rcquc3t f r a billing adju3tmcnt may bc ba3cd n nc r m rc f the f 11 wing: Thc t tal arca f the n n 3inglc family rc3idcntial parccl i3 inc rrcct; 27 Thc perccnt f dcvcl pcd 3urfacc n thc n n 3inglc family rc3idcntial parccl(3) f r the billing year for which the 3crvicc charge i3 impo3cd i3 incorrcct and thc actual perccnt f dcvcl pcd 3urfacc n thc parccl placc3 it in a ratc catcg ry different than that u3cd f r calculati n f the 3crvicc chargc; Thc parccl or portion of it i3 out3idc thc City and thc 3crvicc charge i3 calculated on that p rti n ut3idc thc City; 4. Thc 3crvicc charge calculated i3 crr nc u3 in applying thc tcnn3 f thi3 chapter. Applicati n f r adju3tmcnt3 may be made t the Dircct r f Public W rk3 f thc City f Tukwila. Thc burden f pr f 3ha11 bc n thc applicant t 3h w that thc ratc adju3tmcnt 3 ught 3h uld bc granted. All dcci3i n3 f the Dircct r f Public W rk3 3ha11 bc final. D Applicati n3 f r 3crvicc chargc adju3tmcnt3 Shall bc filed within 90 day3 f the billing datc. Thc Dircct r f Public W rk3 f the City f Tukwila Shall c3tabli3h pr cc33c3 and pr ccdurc3 f r reviewing rcquc3t3 f r adju3tmcnt3. (Ord. 1932 § 1 (part), 2000; Ord. 2594 § 2, 2018) § 14.32.060. Billing and Collecting. A7 Pur3uant t an intcragcncy agrccmcnt, King C unty i3 dc3ignatcd a3 thc City'3 agcnt f r thc purp 3C f billing and c llccting 3t nn and 3urfacc watcr 3crvicc chargc3 fr m City pr perty wncr3 and di3bur3ing fund3 t thc City. A c py f thc intcragcncy agrccmcnt Shall bc available in thc fficc f the City Clerk f r u3c and cxaminati n by thc public. All parcc13 3ubjcct to a 3crvicc charge 3ha11 bc billed annually ba3cd upon thc rate category and acreage applicablc t Such parcc13 a3 f Augu3t 1 f the ycar pri r t thc billing ycar. F r all parcc13, cxccpt th 3C wncd by thc City, c nd minium c mplcxc3 r the Wa3hington State Department of Tran3portation for public highway3, road3 and right3 of way, thc 3crvicc charge Shall be included n thc annual King C unty Pr perty Tax Statement, which Shall bc 3cnt in thc manner c3tabli3hcd by 3tatc law and c unty rdinancc. Onc half f the t tal annual 3crvicc chargc applicablc t thc parccl Shall bc duc n April 30 and thc thcr half Shall bc duc n Oct bcr 31, c n3i3tcnt with thc duc datc f thc King C unty Pr perty Tax bill. Any payment n t received by thc duc date 3ha11 bc c n3idefe4 dclinqucnt. F r parcc13 wncd by thc City; c nd minium c mplcxc3; r th 3c f the Wa3hingt n State Department f Tran3p rtati n f r public highway3, r ad3 and right3 f way, bill3 3ha11 be sent to the property owncr3 by the City in January of each year and 3ha11 be duc in full within 60 day3 f the date f the bill. After that peri d the bill Shall be c n3idcrcd dclinqucnt. Property owncr3 3ha11 bc rc3pon3iblc for all bill3 not paid. Thc City may pur3uc collection f any dclinqucnt bill3 ut3tanding n January 1, 2019. King C unty, a3 the City'3 agent, shall pur3uc c llccti n f any bill3 that bcc me dclinqucnt aftcr January 1, 2019. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.060 WATER AND SEWERS § 14.32.070 Thc 3crvicc charge or any part thcrcof which bccomc3 dclinqucnt 3hall bear intcrc3t a3 providcd in RCW 35.67.200 at thc rate of 8%, per annum, or Such rate a3 may hereafter be authorized by law, computed on a monthly ba3i3 from thc date of delinquency until paid. Thc City 3hall have a licn for all dclinqucnt and unpaid 3crvicc chargc3, including intcrc3t thcrcon, again3t any parcel for which thc 3crvicc chargc3 arc dclinqucnt, a3 providcd by RCW 35.67.200. Thc current chargc3 impo3cd by thc King County Rccord3 and Elcction3 Divi3ion 3ha11 bc charged to all licncd parcc13 to recover thc coat of placing and removing thc licn on thc parcel. Pur3uant to RCW 35.67.215, thc licn i3 effective for up to one ycar'3 dclinqucnt scrvicc charges without thc necessity of any writing or rccording of the licn with thc King County Rccord3 and Elcction3 Divi3ion. In thc ca3c of forcclo3urc action3 to collect dclinqucncic3, thc City 3ha11 3cck a13o to collcct rcimbur3cmcnt of rca3onablc co3t3 of collection including, but not limited to, attorncy'3 fcc3, 3taff time and filing fcc3. (Ord. 1932 § 1 (part), 2000; Ord. 2104 § 3, 2005; Ord. 2594 § 3, 2018) § 14.32.070. Service Charge Revenues. All moncy3 obtained by thc City pur3uant to TMC Chapter 14.32 3ha11 bc credited and dcpo3itcd in thc 3tonn and 3urfacc water management utility fund created by TMC Chapter 14.28. Moncy3 so obtained 3ha11 bc 3pcnt for thc purpo3c3 allowed in that chapter. (Ord. 1932 § 1 (part), 2000; Ord. 259'1 § '1, 2018) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.36.010 WATER AND SEWERS § 14.36.020 CHAPTER 14.36 UTILITY CONCURRENCY STANDARDS domc3tic water 3upply and or water for firc flow purpo3c3 3hall obtain a ccrtificatc of water availability from thc water purvcyor 3crving thc arca in which thc propo3al i3 located, if the site is served by a purvcyor othcr than thc City of Tukwila. Thc ccrtificatc shall confirm that thc watcr purvcyor has thc ncccssary watcr rights and thc watcr systcm capacity, including such water main3, pump 3tation3 and othcr facilitic3 a3 may bc ncccssary, to providc domc3tic water 3crvicc and firc flow mccting City 3tandard3 or that 3uch capacity will bc available by thc time a ccrtificatc of occupancy i3 i33ucd or firc flow i3 rcquircd by thc City Firc Mar3hal to protcct combu3tiblc con3truction, whichcvcr i3 earlier. domc3tic water 3upply from thc City of Tukwila 3hall bc rcfcrrcd by thc Department of Community Development to thc Department of Public Work3, which 3hall determine whcthcr thc City ha such watcr mains, pump stations and othcr facilitics as may bc ncccssary, to provide domc3tic water 3crvicc and firc flow mccting City 3tandard3 or that 3uch capacity will be available by thc time a ccrtificatc of occupancy i3 i33ucd or firc flow i3 rcquircd by thc City Firc Mar3hal to protcct combu3tiblc con3truction, whichcvcr i3 earlier. If adequate 3crvicc i3 not available, thc Department of Public Work3 3hall dctcrminc and 3hall advi3c the applicant of thc improvements which arc ncccssary to providc scrvicc mccting City standards. (Ord. 1769 § 2 (part), 1996) All applicants fer Type 1, 2, 3, 4 and 5 dec' Sanitary 3cwcr 3crvicc 3hall comply with one of thc following: -l- Submit proof that thc applicant has received approval for an on sitc scwagc systcm dcsign from thc Seattle King County Dcpartmcnt of Environmental Health in accordancc with the rulc3 and rcgulation3 of thc King County Board of health. 2, Obtain a ccrtificatc of scwcr availability from thc scwcr purvcyor serving thc arm in which Thc ccrtificatc 3hall confine that thc 3cwcr purvcyor ha3 thc nccc33ary 3cwcr 3y3tcm capacity, including such 3cwcr main3, pump 3tation3 and othcr facilitic3 a3 may be ncccssary, to providc 3cwcr 3crvicc mccting City 3tandard3 or that 3uch capacity will be available by thc time a ccrtificatc of occupancy i3 i33ucd. sanitary 3cwcr 3crvicc from thc City of Tukwila 3hall bc rcfcrrcd by thc Department of Community Development to thc Department of Public Work3, which 3hall determine whcthcr thc City has thc ncccssary scwcr systcm capacity, including such mains, pump stations and othcr facilitics as may bc ncccssary, to providc sanitary scwcr scrvicc mccting City 3tandard3 or that 3uch capacity will bc available by thc time a ccrtificatc of occupancy i3 i33ucd. If adequate 3crvicc i3 not available, thc Department of Public Work3 3hall Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.36.020 WATER AND SEWERS § 14.36.040 determine and 3hall advi3c thc applicant of thc improvcmcnt3 which arc nccc33ary to providc 3crvicc meeting City 3tandard3. (Ord. 1769 § 2 (part), 1996) A If water or 3cwcr 3crvicc to a projcct rcquiring such 3crvicc from thc City of Tukwila cannot meet City 3tandard3 with cxi3ting facilitic3, thc applicant 3hall bc rcquircd to cithcr: Complete thc improvcmcnt3 rcquircd to providc Such level of 3crvicc; or 27 If thc City anticipatc3 that thc improvcmcnt3 nccc33ary to meet thc City'3 water and cewcr standards will bc constructed within six ycrs by a public capital facilitic3 projcct, thc applicant may pay a mitigation payment equal to thc applicant'3 fair Share of thc coat of thc improvcmcnt3 nccc33ary to meet thc City'3 water and 3cwcr tandard3 ; or In appropriate ca3c3, mitigation may con3i3t of a combination of improvcmcnt3 con3tructcd by thc applicant and mitigation paymcnt3. In In thc event that thc applicant agrees to complete improvements pursuant to TMC Section 14.36.030A.1, thc applicant 3hall bc entitled to apply to cntcr into a Latecomer Agreement with thc City. (Ord. 1769 § 2 (part), 1996) § 14.36.040. Appeals. Any party 3ccking to appeal a mitigation requirement impo3cd by a City admini3trator undcr TMC Chapter 14.36 may filc an appeal of a Typc 1 dcci3ion a3 provided in TMC Scction 18.104.010(B) and TMC Scction 18.108.010(B). (Ord. 1847 § 6, 1 998) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA Title 17 SUBDIVISIONS AND PLATS Chapter 17.01 GENERAL PROVISIONS § 17.04.010. § 17.04.020. § 04.050: § 17.04.070. Title. Purpose; Definirieffs; Dcdietteions. "r otifiica ion of Other Agencies. Chapter 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS § 17.08.010. § 17.08.020. § 17.08.030. § 17.08.040. § 17.08.050. § 17.08.060. Purpose; Dcci ion Pro,cc.... Preliminary Applications. Final Applications. Chapter 17.12 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS § 17.12.010. § 17.12.020. Dcci ion Process. § 17.12.030. Preliminary Applications. § 17.12.040. § 17.12.050. Final Applications. § 17.12.060. Subdis4sion.. § 17.12.070. Su § 17.12.080. Unit Lot Short Subdivisions. Chapter 17.14 DETAILED PROCEDURES FOR LONG SUBDIVISIONS § 17.14.010. § 17.14.020. § 17.14.030. § 17.14.040. § 17.14.050. § 17.14.060. § 17.14.070. Dcci ion Pro,cc.... Preliminary Applications. Final Applications. Phasing. Unit Lot Long Subdivisions. Chapter 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS (BSIPS) § 17.16.010. § 17.16.020. § 17.16.030. § 17.16.040. § 17.16.050. § 17.16.060. § 17.16.070. § 17.16.080. Purpose; Applicability. Dcci ion Pro,cc.... Preliminary Applications. Improvements. Atcration and Voeurion Chapter 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND § 17.20.010. § 17.20.020. § 17.20.030. § 17.20.040. § 17.20.050. Applicability. Improvements, Supervision, Inspections and Permits Required. General Standards. Streets Standards Applicable to All Streets. Street Types and Type Specific Standards. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA TUKWILA CODE Chapter 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS § 17.24.010. § 17.24.020. § 17.24.030. § 17.24.040. Purpose. Plans and Permits Required for Public Improvements. Process for Installing Public Improvements. Improvement Agreements and Financial Guarantees. Chapter 17.2g PENALTIES, SEVERABILITY, LIABILITY § 17.28.010. § 17.28.020. § 17.28.030. § 17.28.040. Sale, Lease or Transfer of Land i_. \Tiolatio_. afthis Fity-Not-Liable; Seyer-obility; Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.010 § 17.04.010. Title. SUBDIVISIONS AND PLATS § 17.04.050 CHAPTER 17.011 GENERAL PROVISIONS A Thi3 codc 3ha11 bc known a3 thc "City of Tukwila Subdivi3ion Codc." (Ord. 2740, 10/17/2024) § 17.04.020. Purpose. Thc purpo3c of thi3 codc i3 to provide rulc3, rcgulation3, rcquircmcnt3, and 3tandard3 for subdividing land in thc City, in3uring that thc public health, 3afcty, general welfare, and ac3thetic3 of thc City 3ha11 bc promotcd and protcctcd; that ordcrly growth, development, and thc conservation, protcction and proper use of land shall bc insured; that thc character of thc developing arm is safeguarded and promotcd; that proper provisions for all public facilitic3 including circulation, utilitic3, opcn Space, and 3crvicc3 3ha11 bc made; and that thc goa13 and policic3 of thc Tukwila Comprchcn3ivc Plan arc furthcrcd through the subdivision of land. (Ord. 2740, 10/17/2024) § 17.04.030. Scope and Exceptions. Seeps: Thc subdivision of land within thc City o RCW. 27 Whcrc this codc imposes groatcr restrictions or highcr standards upon the development of land than othcr laws, ordinances or restrictive covenants, the provi3ion3 of thi3 codc 3ha11 prevail. Exeeptioffsi Thi3 ordinance 3ha11 not apply to divi3ion3 and activitic3 dc3cribcd a3 inapplicable in RCW 58.17.040; providcd that boundary linc adju3tmcnt3 and lot con3olidation3 are subject to thc provi3ion3 contained in TMC Chapter 17.08; providcd furthcr that binding sitc improvement plans arc subjcct to thc provisions contained in TMC Chaptcr 17.16. (Ord. 2740, 10/17/2024) A7 Thc definitions of thc Zoning Codc, TMC Chaptcr 18.06, arc hcrcby adopted by reference. (Ord. 2740, 10/17/2024) § 17.04.050. Dedications. et of Dcdicafion. Thc intention to dedicate real property to thc public 3ha11 bc evidenced by Showing the dedication on thc plat prepared for approval. All dcdication3, including ca3cmcnt3, right3 Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.050 TUKWILA CODE § 17.04.060 of way and real property 3ha11 bc clearly and prcci3cly indicated on thc face of thc plat. Unlc33 3pccifically notcd othcrwisc on thc plat, approval of thc plat for rccording shall con3titutc acceptance of thc dcdication3. Public Stre ts: All portion3 of land 3hown on thc final plat that arc intcndcd for public u3c Shall be dedicated to thc public, cxccpt for tho3c public improvcmcnt3 approved by thc City to be located in easements that provide for permanent public usc. Certificate: If thc project includc3 a dedication, thc final plat 3ha11 includc a certificate of dedication or rcfcrcncc to a 3cparatc writtcn in3trumcnt which dcdicatc3 all rcquircd 3trcct3 and othcr arca3 to thc public. Thc certificate or in3trumcnt of dedication 3ha11 bc 3igncd and acknowledged bcforc a notary public by every per3on having any owncr3hip intcrc3t in the land3 divided and rccordcd a3 part of thc final plat. Evcry proposcd final plat containing a dcdication must bc accompanied by a title rcport confirming that thc title of thc land3 a3 dc3cribcd and 3hown on thc plat i3 in thc name of thc owncr3 Signing thc certificate of dcdication. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) In€ All3urvcy3 3ubmittcd for boundary linc adju3tmcnt3, lot con3olidation3, Short 3ubdivi3ion3, site improvement plans, or a following information: Thc name of the plat, City of Tukwila filc number, graphic 3calc and north arrow. The curvcy shall bc done to a scalc of one inch equals 100 feet unless othcrwisc approved by thc Department, and 3hall bc drawn with black drawing ink in rccord of Survey format. 27 Existing foatures such a^ Gtrcct ailroadG and s+Rie arc Thc linc3 and namc3 of all cxi3ting or platted 3trcct3 or othcr public way3, parka, playground3, and ca3cmcnt3 adjacent to thc final plat, 3ubdivi3ion or dcdication, including municipal boundaries, township lincs, and scction lincs. 4. In thc event thc plat con3titutc3 a rcplat, thc lot3, block3, 3trcct3, ctc., of the previou3 plat 3hall bc 3hown by dottcd linc3 in thcir proper po3ition3 in relation to thc ncw arrangement of thc plat, thc ncw plat bcing shown in solid lincs so as to avoid ambiguity. 57 Legal dc3cription of thc 3ubdivi3ion boundaric3. 67 A complete Survey of thc 3cction or 3cction3 in which thc plat or rcplat i3 located, if Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.060 SUBDIVISIONS AND PLATS § 17.04.060 necc33ary, including: t All 3takc3, monumcnt3 or other evidence found on the ground and u3cd to determine the boundaries of the subdivision. Location and monuments found or rc3ct with rc3pcct to any c3tabli3hcd ccntcrlinc of 3trcct3 adjacent to or within thc propo3cd 3ubdivi3ion. All othcr monumcnt3 found or c3tabli3hcd in making thc 3urvcy of thi3 3ubdivi3ion or rcquircd to bc in3tallcd by provi3ion3 of thi3 4. 197 City boundary linc3 whcn cro33ing or adjacent to thc 3ubdivi3ion. e Thc location and width of strccts and o scmcnts intcrsccting thc boundary of the tract. d- Tract, block and lot boundary linc3 and 3trcct right3 of way and ccntcrlinc3, with dimensions, bearings, radii, arcs and central angles, points of curvature and tangent bearings. Tract boundaric3, lot boundaric3 and 3trcct bearings 3ha11 be shown to thc ncarc3t 3ccond with ba3i3 of bearings. All di3tancc3 3ha11 bc 3hown to thc ncarc3t onc hundredth foot. Thc width and location of cxi3ting and propo3cd ca3cmcnt3 and right3 of way. q7 Lot and block numbcr3 bcginning with thc number onc (1) and numbered consecutively without omission or duplication. 87 Tract3 to bc dedicated to any public or private purpo3c 3ha11 bc di3tingui3hcd from lot3 intcndcd for general development with notc3 Stating thcir purpo3c and any limitations. B- St Thc plat 3ha11 include thc following statcmcnt3: A 3tatcmcnt to bc 3igncd by thc Director of Public Work3 approving thc 3urvcy data, thc layout of thc strccts, alleys and othcr rights of way, dcsign of bridges, sewage and water 3y3tcm3, drainage 3y3tcm3 and othcr 3tructurc3. 27 A certificate bearing thc printed namc3 of all per3on3 having an intcrc3t in the public, con3cnting to thc 3ubdivi3ion of the land and reciting a dedication by them of all land 3hown on thc plat to bc dedicated for public u3c3, and a waiver by them and thcir 3uccc330r3 of all claim3 for damagc3 again3t any governmental authority ari3ing from thc con3truction and maintenance of public facilitic3 and public property within thc 3ubdivi3ion. A certificate with thc 3ca1 of and 3ignaturc of the Surveyor rc3pon3iblc for thc 3urvcy and final plat with thc following statement: "I, , rcgi3tcrcd a3 a land Surveyor by thc State of Wa3hington, ccrtify that thi3 plat i3 ba3cd on an actual 3urvcy of thc land dc3cribcd hcrcin, conductcd by me or undcr my 3upervi3ion; that thc di3tancc3, cour3c3 and anglc3 arc 3hown thcrcon correctly; and that monumcnt3 othcr than tho3c monumcnt3 approved for 3ctting at a later date, have bccn sct and lot corncrs staked on thc ground as dcpictcd on thc plat." Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.060 TUKWILA CODE § 17.04.070 4. Certification from the King County Trca3urcr that all taxc3 and a33c33ment3 for which thc property may bc liable have bccn duly paid, 3ati3ficd or di3chargcd a3 of thc date of certification. 57 Certification of examination and approval by thc County A33c33or. 67 Recording Certificate for completion by thc King County Rccordcr'3 Officc. q7 Certification of Examination and Approval by thc Seattle King County health Department whcn thc lot(3) arc 3crvcd by 3cptic 3y3tcm(3). 87 City of Tukwila Finance Dircctor Certificate that 3tatc3 thcrc arc no dclinqucnt 3pccial a33c33mcnt3, and that all 3pccial a33c33mcnt3 on any of thc property that i3 dedicated a3 3trcct3, allcy3 or for othcr public u3c arc paid in full at thc date of certification. 9. Certification by thc Dircctor of Public Work3 that thc applicant ha3 complied with one of the following: All improvcmcnt3 have bccn in3tallcd in accordance with thc rcquircmcnt3 of thi3 title and with thc preliminary plat approval, and that original and rcproduciblc rccord3 in a format approved by Public Work3 and meeting currcnt Public Work3 drawing standard3 for road, utility and drainage construction plan3 certified by thc dc3igning cnginccr a3 bcing "a3 con3tructcd" have bccn submittcd for City rccords. b- An agreement and bond or othcr financial 3ccurity have bccn cxccutcd in accordance with TMC Scction 17.24.030 3ufficicnt to a33urc completion of rcquircd improvements and construction plans. 10. Certificate of dedication pur3uant to TMC Scction 17.04.050.C. 11. For Short 3ubdivi3ion3, binding sitc improvement plan3, boundary linc adju3tmcnt3, and lot con3olidation3, a certificate of approval to bc 3igncd by thc Dircctor of the Department of Community Development, thc Dircctor of thc Public Work3 Department, and thc Firc Mar3hal. 12. For long subdivi3ion3, a certificate of final approval to bc 3igncd by thc Dircctor of thc Department of Community Development, con3i3tcnt with thc preliminary lon_ 3ubdivi3ion approval i33ucd by thc hearing Examiner. (Ord. 2710, 10/17/2021; Ord. 2761, 6/9/2025) A Noticc of thc filing of an application for a preliminary 3ubdivi3ion within 1,000 feet of the municipal boundaries, or which contemplates thc usc of special usc districts or othcr city') or town'3 utilitic3, 3ha11 bc givcn to thc appropriate 3pccial di3trict3, county, city or town authoritic3. Noticc of thc filing of an application for a preliminary 3ubdivi3ion located adjacent to thc right of way of a State highway 3ha11 bc givcn to thc State Department of Tran3portation. In addition, noticc of all application3 for preliminary 3ubdivi3ion3 3ha11 be submittcd to thc appropriate School di3trict. All Such noticc3 3ha11 include thc hour, location, and purposc of thc hoaring and a dcscription of thc property to bc divided. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.08.010 SUBDIVISIONS AND PLATS § 17.08.040 CHAPTER 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS § 17.08.010. Purpose. A It i3 the intent to provide an efficient and timely procc33 that allow3 consistcnt review; to cnaurc Such action3 do not create non confornitic3 with zoning and othcr city rcgulation3; to provide a permanent rccord of boundary line adju3tmcnt3 and lot con3olidation3; and to ensure appropriate provisions arc made for access and utility casements; in a manner consistcnt with RCW 58.17.0'10(6). (Ord. 2740, 10/17/2024) § 17.08.020. Scope. A7 This chapter applies to all boundary line adjustments and lot consolidations which arc othcrwi3c exempt from RCW 58.17.040(6), Subdivision Rcgulation3. (Ord. 2740, 10/17/2024) § 17.08.030. Decision Process. Application3 for boundary line adju3tmcnt3 and lot con3olidation3 Shall be procc33cd a3 Typc 1 dcci3ion3, Subject to thc provi3ion3 of TMC Chapter 18.104. (Ord. 2740, 10/17/2024) § 17.08.040. Preliminary Applications. Applications for prclimin thc permit submittal requirements found at TMC Scction 18.10'1.060. B. Criteria for Boundary Line Adjustment or Lot Consolidation Approval: In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: 1. No additional lots, sites, parcels, tracts or divisions are created. 2. The adjustment will not create non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. The adjustment shall not result in the creation of lots with split zoning. 3. The degree of non-conformance on existing non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and floor area ratio are not increased. 4. All lots have legal access to a public road. Existing required private access road improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. 5. Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.08.040 TUKWILA CODE § 17.08.060 6. The adjustment does not create any non -conformities with respect to the Uniform Building Code or any other locally administered regulation. C. Modifications to a Preliminary Approval: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 1 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor )_modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not require a change in the design or location of stonnwater systems or roadways. c. May realign lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the boundary line adjustment or lot consolidation to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.08.040.C.1.a through e. 2. Modifications proposed by the applicant which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision require the applicant to withdraw the current application and submit a new application. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) A The preliminary boundary line adjustment or lot consolidation application Shall cxpirc if it has not bccn rccordcd within onc (1) yo r from thc date of approval. 147 Whcrc all condition3 of approval of thc preliminary boundary line adjustment or lot consolidation have bccn 3ati3ficd, and all required documcnt3 have bccn 3ubmittcd within thc onc (1) year filing period, thc Director may grant a single cxtcnsion of up to ono hundred cighty (180) day3 for thc procc33ing and recording of thc final boundary lino adjustment or lot consolidation. (Ord. 2740, 10/17/2024) § 17.08.060. Final Applications. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.08.060 SUBDIVISIONS AND PLATS § 17.08.060 Application3 for final boundary line adju3tment3 and lot con3olidation3 Shall meet the permit submittal rcquircmcnt3 act forth in TMC Scction 18.104.060. B. Criteria for Approval: To grant final approval of a boundary line adjustment or lot consolidation, the Director must determine that it meets the following decision criteria: 1. All requirements for boundary line adjustments or lot consolidations as set forth in the Subdivision Code are met. 2. All terns of the preliminary boundary line adjustment or lot consolidation approval have been met. 3. The requirements of all applicable state laws and any City ordinances have been met. 4. All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC Section 17.24.040 has been entered into by the applicant and accepted by the City. 5. The boundary line adjustment or lot consolidation is technically correct and accurate as certified by the land surveyor responsible for the plat. E �� Upon receiving approval from thc City, thc applicant will bc rc3pon3iblc for picking up the documcnt3 from thc Department and rccording them with King County Rccordcr'3 Office. A notification of rccording that includc3 thc filed rccording number mu3t bc provided to thc Department in ordcr to deem thc application finalcd. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.010 SUBDIVISIONS AND PLATS § 17.12.030 CHAPTER 17.12 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS § 17.12.010. Scope. Any land bcing divided into ninc (9) or fewer parccl3, lot3, unit lot3, tract3 or 3itc3 for the purpo3c of 3alc, lca3c, or gift, any one of which i3 1c33 than twcnty (20) acrc3 in Size, 3hall meet thc rcquircmcnt3 of thi3 chapter. (Ord. 2710, 10/17/2021) § 17.12.020. Decision Process. Application3 for 3hort 3ubdivi3ion3 3hall be procc33cd a3 Typc 2 dcci3ion3, 3ubjcct to the provisions of TMC Chaptcr 18.101. (Ord. 2710, 10/17/2021) § 17.12.030. Preliminary Applications. Application3 for preliminary 3hort 3ubdivi3ion3 3hall meet thc permit Submittal rcquircmcnt3 found at TMC Scction 18.104.060. R-ei4e__ Procedure.. Upon rcccipt of an application for a 3hort 3ubdivi3ion, thc Director 3hall routc the application to each member of thc Short Subdivi3ion Committee and any othcr department or agency deemed nccc33ary. 27 Short Subaa_i, ion Committcc Dcca..ion: The Short Subdivi3ion Committee may approve, approve with modification3, or dcny thc application. No formal meeting of thc Committee is rcquircd so long as thc Chair obtains thc recommendations and conscnt of thc othcr members of thc Committee bcforc i33uing a dcci3ion. C. Criteria for Preliminary Short Subdivision Approval. The Short Subdivision Committee shall base its decision on an application on the following criteria: 1. The proposed short subdivision is in conformance with the Tukwila Comprehensive Plan, and any other such adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal that are consistent with current standards and plans. 3. Appropriate provisions have been made for access, utilities and other improvements that are consistent with current standards and plans. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.030 SUBDIVISIONS AND PLATS § 17.12.040 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. Appropriate provisions for the maintenance of commonly owned private facilities have been made. 7. The short subdivision complies with the relevant requirements of the Tukwila Subdivision Ordinance. 8. The short subdivision complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. D. Modifications to a Preliminary Short Subdivision Approval: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not require changes to the design or location of stormwater systems or roadways in the project. c. May realign internal lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the short subdivision to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.12.030.D.1.a through e. 2. Modifications proposed by the applicant which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision require the applicant to withdraw the current application and submit a new application. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) A7 If thc preliminary short subdivision is not recorded within three (3) yoars of the date of preliminary 3hort 3ubdivi3ion approval, thc preliminary 3hort 3ubdivi3ion application Shall Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.040 bcc me null and v id. TUKWILA CODE § 17.12.060 Where all c nditi n3 f appr val f the prcliminary 3h rt 3ubdivi3i n havc bccn 3ati3ficd, and all rcquircd d cumcnt3 havc bccn 3ubmittcd within thc thrcc (3) ycar filing peri d, the Dircct r may grant a 3inglc cxtcn3i n f up t nc hundred cighty (180) day3 f r the procc33ing and rccording of thc final 3hort 3ubdivi3ion. (Ord. 2740, 10/17/2024) § 17.12.050. Final Applications. Applicati n3 f r final 3h rt 3ubdivi3i n3 Shall mcct thc permit Submittal requirement3 f and at TMC Sccti n 18.10'1.060. Thc Short Subdivision Committee may grant final approval of thc 3hort 3ubdivi3ion whcn thcy find thc criteria li3tcd in TMC Scction 17.12.030.0 havc bccn mct. No formal mccting of thc Committee i3 rcquircd 3o long a3 thc Chair obtain3 the recolrunendation3 and con3cnt of thc othcr mcmbcr3 of thc Committee bcforc i33uing a dcci3ion. 27 Upon final approval of thc 3hort 3ubdivi ' all othcr relevant documcnt3 with thc King County Rccordcr'3 Office. Thc applicant i3 rc3pon3iblc for paying thc rccording fcc(3). Upon completion of rccording, the applicant shall provide thc Dcpartmcnt with a copy of thc recorded documents. The short plat 3ha11 not be con3idcrcd final until thc3c documcnt3 havc bccn provided to thc Department. C. Criteria for Approval: To grant final approval of a short subdivision, the Short Subdivision Committee must determine that it meets the following decision criteria: 1. All requirements for short subdivisions as set forth in the Subdivision Code are met. 2. All terns of the preliminary short subdivision approval have been met. 3. The requirements of RCW 58.17, other applicable state laws, and any other applicable City ordinances have been met. 4. All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC Section 17.24.030 has been entered into by the applicant and accepted by the City. 5. The subdivision is technically correct and accurate as certified by the land surveyor responsible for the plat. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.060 SUBDIVISIONS AND PLATS § 17.12.080 Any land Subdivided undcr thc rcquircmcnt3 of thi3 chapter 3hall not bc further divided for a period of five (5) yearn without following thc proccdurc3 for 3ubdivi3ion, cxccpt whcn thc 3hort plat contain3 fcwcr lot3 than allowed for a 3hort 3ubdivi3ion, in which ca3c an additional 3hort 3ubdivi3ion may bc approved if thc total numbcr of lot3 within the boundaric3 of thc original 3hort 3ubdivi3ion doc3 not cxcccd ninc (9). (Ord. 2710, 10/17/2021) No application for a 3hort 3ubdivi3ion 3hall bc approved if the land bcing divided i3 held in common owncrship with a contiguous parcel which has bccn divided in a short subdivision within thc preceding five (5) yearn and thc total numbcr of lot3 created in both 3hort ubdivi3ion3 would cxcccd ninc (9). Whcn thc total numbcr of lot3 cxcccd3 four (4) but i3 1c33 than tcn (10), thc paving, curb, guttcr and 3idcwalk 3hall bc provided per TMC Scction 17.20.030.C.6.c(1). (Ord. 2740, 10/17/2024) § 17.12.080. Unit Lot Short Subdivisions. A. Sites developed or proposed to be developed with residential units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. B. Subsequent divisions of the land, or additions or modifications to the structure(s), may not create or increase any nonconformity of the parent lot. C. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common play areas), and other similar features, as recorded with the King County Recorder's Office. D. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is reflected by an easement on the plat, as recorded with the King County Recorder's Office. E. The fact that development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat, as recorded with the King County Recorder's Office. F. Construction of dwelling foundations may commence prior to final unit lot short subdivision approval, provided that: 1. The proposed unit lot short subdivision has received preliminary approval, and the necessary financial sureties have been filed to assure construction of required public improvements; 2. Partial or complete construction of structures shall not relieve the applicant from, nor impair City enforcement of, conditions of approval; 3. Construction shall not proceed beyond foundations, and units shall not be rented or sold, nor occupancy permits issued, until final unit lot short subdivision approval is granted. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.010 SUBDIVISIONS AND PLATS § 17.14.030 CHAPTER 17.14 DETAILED PROCEDURES FOR LONG SUBDIVISIONS § 17.14.010. Scope. A7 Any land bcing dividcd into tcn (10) or morc parccl3, lot3, unit lot3, tract3 or 3itc3, for the purpo3c of 3alc or gift, any one of which i3 1c33 than twcnty (20) acrc3 in 3izc, or any land which ha3 bccn dividcd undcr thc Short 3ubdivi3ion proccdurc3 within fivc (5) ycar3 and i3 not cligiblc for furthcr short subdivisions, pursuant to TMC Scction 17.12.010, shall conform to thc proccdurcs and rcquircmcnts of this chapter. (Ord. 2740, 10/17/2024) § 17.14.020. Decision Process. Application3 for preliminary long subdivi3ion3 3hall bc procc33cd a3 Typc 3 dcci3ion3 subject to thc provi3ion3 of TMC Chapter 18.104. Applications for final long subdivisions shall bc proccsscd as Typc 2 dccisions subjcct to the provisions of TMC Chaptcr 18.1011. (Ord. 2740, 10/17/2024) § 17.14.030. Preliminary Applications. Application3 for preliminary long subdivi3ion3 3hall mcct thc permit submittal rcquircmcnt3 found at TMC Scction 18.104.060. R-e4e__ Procedure.. ocfcrral to Othcr Offie . Upon rcccipt of a complete preliminary long subdivi3ion application, thc Director shall tran3mit a noticc of application and thc preliminary long subdivi3ion application matcrial3 to each of thc following officc3, whcrc appropriate: Public Work3, Building Division, Firc Marshal, Policc Dcpartmcnt, King County Hcalth Dcpartmcnt, the appropriate school district, and each public utility agency serving thc arm in which thc property propo3cd for long subdivi3ion i3 located. The other intcrc3tcd dcpartmcnt3 and agcncic3 3hall review thc preliminary long ubdivi3ion and may submit to thc Dcpartmcnt writtcn coiruncnt3 with rc3pcct to the preliminary long subdivi3ion dcci3ion criteria. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.030 SUBDIVISIONS AND PLATS § 17.14.030 The procc33 for public noticc, hearings, dcci3ion3 and appcal3 Shall be a3 provided for Typc 3 dcci3ion3 a3 identified in TMC Title 18, "Zoning Codc." C. Criteria for Preliminary Long Subdivision Approval: The decision -maker shall base its decision on an application for preliminary long subdivision on the following criteria: 1. The proposed long subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal that are consistent with current standards and plans. 3. Appropriate provisions have been made for access, utilities and other improvements that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. The proposed long subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. 7. Appropriate provisions for maintenance of privately owned common facilities have been made. 8. The proposed long subdivision complies with RCW 58.17.110. D. Modifications to an Approved Preliminary Long Subdivision: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of City departments including Public Works, Fire, Building, and Planning. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not require changes to the design or location of stormwater systems or roadways in the project. c. May realign internal lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the long subdivision. e. Are consistent with applicable development standards and will not cause the Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.030 TUKWILA CODE § 17.14.040 long subdivision to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.14.030.D.1.a through e. 2. Modifications proposed by the applicant which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision require the applicant to withdraw the current application and submit a new application. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Thc prcliminary long subdivi3ion application 3ha11 cxpirc unlc33 a complctc application for final long subdivi3ion mccting all rcquircmcnt3 of thi3 chapter i3 3ubmittcd to thc Dircctor within five (5) ycar3 of the date of prcliminary long subdivi3ion approval; providcd that the Dircctor may extend a prcliminary long subdivi3ion pur3uant to thi3 3cction. E_ s+ 17.1'1.0'10.C. Thc cxtcnsion(s) shall bc subjcct to thc following time limitation: Preliminary long subdivi3ion3 3ha11 cxpirc within five (5) ycar3 from thc date of the prcliminary approval; providcd that thc applicant ha3 thc option of rcquc3ting a Single 1 ycar cxtcnsion, for a maximum of six (6) ycars from thc date of thc prcliminary approval to thc date of recording of thc final pha3c. Thc following criteria 3ha11 bc u3cd to review an cxtcnsion rcquc3t for a prcliminary long subdivi3ion: A writtcn rcquc3t for cxtcnsion i3 filcd at lca3t 30 day3 bcforc thc expiration of the prcliminary long subdivi3ion; and 27 Unforeseen circumstances or conditions that arc not thc result of voluntary actions of thc applicant nccc33itatc thc cxtcnsion of thc prcliminary long subdivi3ion; and Condition3 within thc 3ubjcct property or immediately adjacent to thc 3ubjcct property have not changcd substantially sincc thc prcliminary long subdivision was first approved; and 4 An cxtcnsion of the prcliminary long subdivi3ion will not cau3c 3ub3tantial detriment to cxisting uscs in thc immediate vicinity of the subjcct property or to thc community a3 a whole; and Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.040 SUBDIVISIONS AND PLATS § 17.14.050 57 The applicant ha3 demon3trated rca3onablc diligcncc in attempting to meet thc time limit impo3cd; and 67 Thc prcliminary long subdivision complies with applicable City codc provisions in effect on thc date thc application for cxtcn3ion wa3 made. Applicant 3ha11 rcquc3t thc cxtcn3ion in writing prior to thc expiration of thc prcliminary long subdivi3ion approval. Thc rcquc3t 3ha11 includc di3cu33ion of how it complic3 with thc criteria li3tcd undcr TMC Scction 17.14.040.C. Thc Dircctor 3ha11 rcvicw and approve rcquc3t3 for an cxtcn3ion of a prcliminary long subdivi3ion. Thc Dircctor 3ha11 provide 11 day noticc to all parties of rccord for thc prcliminary long subdivision approval prior to making thc dcci3ion on thc cxtcn3ion. Thc Dircctor'3 dcci3ion will a13o bc provided to all partic3 of record. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.14.050. Final Applications. Application3 for final long subdivi3ion3 3ha11 meet thc permit submittal rcquircmcnt3 found at TMC Scction 18.10'1.060. 11-e4e__ Procedure.. Thc Dircctor 3ha11 di3tributc thc final long subdivi3ion application to all department3 and agcncic3 who received thc prcliminary long subdivi3ion, and to any othcr departments, special purposc districts and othcr governmental agencies deemed ry• Thc othcr intcrc3tcd dcpartmcnt3 and agcncic3 3ha11 rcvicw thc final long subdivi3ion and may Submit to thc Department writtcn colranent3 with rc3pcct to thc final lon_ subdivision dcci3ion criteria. If thc final long subdivi3ion i3 in ordcr, thc Dircctor of Public Work3 3ha113ign thc appropriate ccrtificatc3 on thc face of thc plat. by thc Dircctor of thc Finance Department and thc Dircctor of thc Department of Public Work3. Upon approval by thc Dircctor, it 3ha11 bc 3igncd by thc Mayor and attc3tcd by thc City Clcrk. 197 Thc applicant 3ha11 filc thc final long subdivi3ion with thc King County Rccordcr'3 Office. Thc long subdivi3ion will bc con3idcrcd complete whcn copy of thc recorded documcnt3 i3 returned to thc Dircctor. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.050 TUKWILA CODE § 17.14.060 C. Criteria for Final Long Subdivision Approval: In approving the final long subdivision, the Director shall find: 1. That the proposed final long subdivision bears the required certificates and statements of approval. 2. That a title insurance report furnished by the applicant confirms the title of the land, and the proposed long subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. 3. That the facilities and improvements required to be provided by the applicant have been completed or, alternatively, that the applicant has submitted with the proposed final long subdivision a performance bond or other security in conformance with TMC Section 17.24.030. 4. That the long subdivision is certified as accurate by the land surveyor responsible for the long subdivision. 5. That the long subdivision is in conformance with the approved preliminary long subdivision. 6. That the long subdivision meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary long subdivision approval. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.14.060. Phasing. A. Approval of Phasing Plan: The applicant may develop and record the long subdivision in phases. Any phasing proposal shall be submitted for Hearing Examiner review at the time at which a preliminary long subdivision is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary long subdivision, including areas where off -site improvements are being made. 2. The sequence and timing of development is identified on a map. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. 5. The first phase submitted for final long subdivision approval must be recorded within five (5) years of the date of preliminary approval, unless an extension is granted pursuant to TMC Section 17.14.040.B, C and D. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.060 SUBDIVISIONS AND PLATS § 17.14.070 (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.14.070. Unit Lot Long Subdivisions. A. Sites developed or proposed to be developed with residential uses may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. B. Subsequent subdivision actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot. C. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common play areas), and other similar features, as recorded with the King County Recorder's Office. D. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat, as recorded with the King County Recorder's Office. E. The fact that development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat, as recorded with the King County Recorder's Office. F. Construction of dwelling foundations may commence prior to final unit lot long subdivision approval, provided: 1. The proposed unit lot long subdivision has received preliminary approval, and the necessary financial sureties have been filed to assure construction of required public improvements; 2. Partial or complete construction of structures shall not relieve the applicant from, nor impair City enforcement of conditions of, long subdivision approval; 3. Construction shall not proceed beyond foundations, and units shall not be rented or sold, nor occupancy permits issued, until final unit lot long subdivision approval is granted. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.010 SUBDIVISIONS AND PLATS § 17.16.040 CHAPTER 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS (BSIPs) § 17.16.010. Purpose. A Thi3 chapter i3 c3tabli3hed to: Provide an optional process for land under single ownership to be divided for the purpo3c of 3alc or lca3c; 27 Accommodate the division of land for the purpose of sale or lcasc of property within an integrated commercial or industrial ccntcr, which allows certain zoning standard (minimum parking, setback3, land3caping, lot arca and lot dimcn3ion) on the individual lot3 to bc modified provided thc 3tandard3 for thc entire ccntcr arc met; Facilitate alternative owncrship options by allowing BSIPs in conjunction with a condominium procc33 for rc3idential, commercial, or industrial purpo3c3 (RCW 64-34)t 4. Allow phased infrastructure improvements for large tracts of land. (Ord. 2740, 10/17/2024) § 17.16.020. Applicability. A. Eligibility: A BSIP application may be submitted for a project located on any land zoned multi -family, commercial, or industrial, consistent with the terns of this chapter. B. Construction Authorization Through Other Permits: A BSIP creates or alters existing lot lines. A BSIP does not authorize construction. Construction is permitted upon approval of construction and building permits that implement the BSIP. (Ord. 2740, 10/17/2024) § 17.16.030. Decision Process. A7 Application3 for BSIP3 Shall bc procc33cd a3 Type 2 dcci3ion3 3ubjcct to thc provi3ion3 of TMC Chapter 18.104. (Ord. 2740, 10/17/2024) § 17.16.040. Preliminary Applications. A. Application Requirements: Applications for preliminary BSIPs shall meet the permit submittal requirements found at TMC Section 18.104.060. B. Review Procedures: Applications for preliminary BSIPs shall be reviewed in the same manner prescribed in Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.040 SUBDIVISIONS AND PLATS § 17.16.040 TMC Section 17.12.030(B) for preliminary short subdivisions. C. Approval Criteria: 1. Prior to approval of any BSIP, the Short Subdivision Committee shall ensure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: a. Adequate water supply. b. Adequate sewage disposal. c. Appropriate storm drainage improvements. d. Adequate fire hydrants. e. Appropriate access to all anticipated uses within the plan. f. Provision for all appropriate deed, dedication, and/or easements. g. Monumentation of all exterior tract corners. 2. Legal Lots: a. Residential BSIPs shall consist of one or more contiguous legally -created lots and each lot shall meet the minimum dimensional requirements of the applicable zone or overlay district. b. If the site will contain commercial or industrial uses, or mixed -use commercial and residential uses, the lots shall meet the minimum dimensional requirements of the zoning district or meet the definition of "integrated site" in TMC Chapter 18.06, such that when taken as a whole and not considering interior lot lines, the integrated site meets all applicable zoning and subdivision requirements. 3. Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. 4. Modifications to the minimum zoning standards for individual lots located within the integrated site, including setbacks, parking, landscaping, lot area and lot dimension, are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity, and do not impede planned street, trail or pedestrian networks for the neighborhood or district. 5. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. 6. Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. 7. The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. 8. The sign regulations shall be applied to the integrated site as a whole. For example, Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.040 TUKWILA CODE § 17.16.060 the number of freestanding signs allowed is based on one (1) site within the BSIP. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. 9. The requirements of the Washington State Building Code are met. 10. The BSIP shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded BSIP. 11. Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the BSIP. 12. The BSIP shall be consistent with any City approved master plans and development agreements. D. Additional Approval Criteria for BSIPs Proposing Condominium Ownership: Condominium developments are eligible for BSIP approval when the purpose of such approval is to divide the property so a portion of the parcel or tract can be subjected to either RCW Chapter 64.32 or 64.34. A BSIP can only be approved when the development has already been constructed or when the approval has been obtained and a building permit for an entire development or a portion of a development is issued. (Ord. 2740, 10/17/2024; Ord. 2755, 3/4/2025) A If the BSIP i3 not rccordcd within thrcc (3) ycar3 of the date of thc preliminary BSIP, the BSIP Shall become null and void. Upon writtcn rcquc3t by thc applicant prior to the expiration date, thc Short Subdivision Committee may grant onc (1) cxtcnsion of not more than onc (1) ycar. B. Whcrc all condition3 of approval of thc BSIP have bccn 3ati3ficd, and all rcquircd documcnt3 have bccn 3ubmittcd within thc thrcc (3) year filing period, thc Director may grant a single cxtcnsion of up to onc hundred cighty (180) days for thc processing and rccording of thc final BSIP. (Ord. 2740, 10/17/2024) Application3 for final BSIP3 3ha11 meet thc permit rcquircmcnt3 found at TMC Scction 18.104.060. The Short Subdivision Committee may grant final approval of thc BSIP whcn thcy preliminary approval. No formal meeting of thc Committee i3 rcquircd 30 long a3 the Chair obtain3 thc rccommcndation3 and con3cnt of thc other mcmbcr3 of the Committee bcforc i33uing a dcci3ion. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.060 SUBDIVISIONS AND PLATS § 17.16.070 27 Upon final approval of the BSIP, the applicant Shall record the plat and all other relevant documcnt3 with thc King County Rccordcr'3 Office. The applicant i3 rc3pon3iblc for paying thc rccording fcc(3). Upon completion of rccording, the applicant 3ha11 provide thc Department with a copy of thc recorded documcnt3. The BSIP 3ha11 not bc con3idcrcd final until thc3c documcnt3 have bccn provided to the Department. Binding-Effeet- Approved BSIP3 3ha11 bc binding and 3ha11 bc enforceable by thc City. All provi3ion3, condition3 and rcquircmcnt3 of the BSIP 3ha11 bc legally enforceable on thc purcha3cr or on any per3on acquiring a lca3c or othcr owncr3hip intcrc3t of any lot, tract, or parcel created pur3uant to thc BSIP. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.16.070. Improvements. A. Applicability: The following requirements shall be met for each BSIP prior to the issuance of a building permit for construction within a BSIP. Sites that have already been fully improved with existing streets, alleys, sidewalks, utilities, and other required infrastructure are exempt from these improvement requirements. However, if a site includes unimproved streets or infrastructure elements that do not meet current standards, staff may require certain improvements as necessary. 1. Improvements Required: Consistent with TMC Chapter 17.20, and subject to any applicable development agreement, the following tangible improvements shall be provided, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a BSIP may be recorded: a. Grading and paving of streets and alleys; b. Installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs; together with all related appurtenances to the specifications and standards of this code, approved by the Short Subdivision Committee, and in accordance with other standards of the City. 2. Permits: A separate construction permit will be required for improvements. 3. Modifications: Proposals that contain commercial uses, industrial uses, or mixed -uses (commercial and residential), and that meet the definition of "integrated site" in TMC Chapter 18.06, are not required to submit a modification request. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.070 TUKWILA CODE § 17.16.080 B. Phasing of Improvements: To satisfy improvement requirements, the Short Subdivision Committee is authorized to impose conditions and limitations on the BSIP. If the Short Subdivision Committee determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Committee may allow requirements to be satisfied prior to: 1. Issuing the first building permit for the site; or 2. Issuing the first building permit for any phase; or 3. Issuing a specific building's certificate of occupancy; or 4. In accordance with an approved phasing plan; or 5. In accordance with plans established by a development agreement or as otherwise permitted or required by the TMC. (Ord. 2740, 10/17/2024;Ord. 2764, 6/9/2025) 4 AA 1tcration- Alteration of an approved BSIP, excluding standard ca3cmcnt3 for utilitic3 and lot line adju3tmcnt3, 3hall bc accompli3hcd following thc 3amc proccdurc3 rcquircd for a ncw BSIP application a3 3ct forth in thi3 chapter; provided, that only owncr3 of lot3 within the BSIP that arc directly affected by thc propo3cd alteration 3hall bc rcquircd to authorize application for thc alteration. If a property 3ubjcct to a BSIP approval i3 thc 3ubjcct of a development agreement, thc alteration of thc approved BSIP shall not rcquirc an amendment to thc development agreement or approval by thc City Council and, after approval and rccording, shall automatically bc incorporated within thc development agreement unlc33 othcrwi3c provided in thc development agreement. r Vacation of a recorded BSIP 3hall bc accompli3hcd by following thc Same proccdurc3 rcquircd for a ncw BSIP application a3 3ct forth in thi3 chapter. If a portion of a BSIP is vacated, thc property subjcct to thc vacation shall constitutc one lot, and thc balance of thc approved BSIP 3hall remain a3 approved. Any non conformitic3 created by Such a vacation mu3t bc remedied prior to final approval of thc vacation. If a BSIP property subject to a BSIP approval i3 thc 3ubjcct of a development agreement, thc vacation of thc approved BSIP, whcthcr total or partial, 3hall not rcquirc an amendment to the development agreement or approval by thc City Council and, after approval and rccording shall automatically bc incorporated within thc development agreement unless otherwise provided in thc development agreement. (Ord. 2740, 10/17/2024) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.010 SUBDIVISIONS AND PLATS § 17.20.030 CHAPTER 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND' § 17.20.010. Applicability. The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions, boundary line adjustments, lot consolidations, and BSIPs. The decision making entity may require additional standards be met if it is determined necessary to meet the approval criteria for a particular application. (Ord. 2764, 6/9/2025) § 17.20.020. Improvements, Supervision, Inspections and Permits Required. A. Required Improvements: Every applicant may be required to grade and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water mains, fire hydrants, street lights and name signs, together with all appurtenances in accordance with specifications and standards of this code, approved by the Public Works Department, and in accordance with other standards of the City. B. Supervision and Inspection: A licensed engineer or engineering firm, acceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Department of Public Works. C. Permits: Prior to proceeding with any improvements, the applicant shall obtain those permits from the City as are necessary. The applicant is also responsible for complying with all applicable permit requirements of other Federal, State and local agencies. (Ord. 2764, 6/9/2025) § 17.20.030. General Standards. Environmental Considerations: Critical Areas: a. Land that contains a critical area or its buffer as defined in TMC Title 18, or is subject to the flood zone control ordinance as defined in TMC 16.52, shall be subdivided to reflect the standards and requirements of TMC 18.45 (Environmentally Critical Areas), and/or TMC 18.46 (Planned Residential Development (PRD)), and/or TMC 16.52 (Flood Plain Management). b. No lot shall be created that does not contain an adequate building site, given the 1. Editor's Note: Former Chapter 17.20, Design and Improvement Standards for the Subdivision of Land, adopted by Ord. 2740, was repealed by Ord. 2764, 6/9/2025. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 TUKWILA CODE § 17.20.030 environmental considerations of the lot and current development standards. 2. Trees: In addition to meeting all applicable requirements of TMC Title 18, every reasonable effort shall be made to preserve existing trees and vegetation and integrate them into the subdivision's design. Unless impractical for reasons not the fault of the applicant, property lines shall be designed such that all existing significant trees are located on a single parcel. Any existing significant trees for which ownership will be shared between more than one property owner shall have a tree maintenance agreement placed on the face of the plat. B. Compatibility with Existing Land Use and Plans: 1. Buffer Between Uses: Where residential or mixed -use subdivisions are proposed adjacent to land use districts which permit exclusively commercial or industrial uses, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be provided. 2. Conformity with Existing Plans: The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. 3. Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. 4. Accessory Structures: If a subdivision, short subdivision, or boundary line adjustment in a residential zone would result in an accessory structure remaining alone on a lot, the structure must be demolished before preliminary approval, or the owner must provide a bond or other financial guarantee acceptable to the Director in the amount of 150% of the cost of demolition and assurance that the accessory structure will be demolished if a primary use is not established on the lot within 12 months of final approval. C. Utilities: 1. Generally: All utilities designed to serve the subdivision shall be placed underground and, if located within a critical area, shall be designed to meet the standards of the critical areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 SUBDIVISIONS AND PLATS § 17.20.030 Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. 2. Sanitary Sewers: Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and when the existing sewer system will not be available to the lot within the life of the preliminary approval. 3. Storm Drainage: The stonn drainage collection system shall meet the requirements of the City's stormwater ordinance standards found at TMC Chapter 14.28 and TMC Chapter 14.30. 4. Water System: Each lot within a proposed subdivision shall be served by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Unifonn Fire Code. D. Blocks: E. 1. Length: Residential blocks shall not be less than 300 feet nor more than 1,000 feet in length (600 - 2,000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Director may require one or more public pathways of not less than six feet nor more than 15 feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights -of -way. 2. Width: Blocks shall be wide enough to allow two tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Director may approve a single tier. 3. Pedestrian Considerations: Blocks, roads, and pedestrian improvements, shall be designed to provide a safe and convenient pedestrian network. Lots: Arrangement: Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each proposed lot shall have access to a public street. New flag Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 F. G. TUKWILA CODE § 17.20.030 lots shall not be permitted. Access requirements may be met by establishing common drive easements. 2. Lot Design: The lot area, width, shape, and orientation, shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the zoning ordinance. 3. Corner Lots: Corner lots may be required to be designed with additional width to allow for the additional side yard requirements. Landscaping: 1. Landscaping shall conform with Public Works standards and the requirements of TMC Title 18. Street Signs: The applicant shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary for the subdivision. H. Lighting: Street lighting shall conform to the Department of Public Works standards unless the Director of Public Works requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. I. Monumentation: 1. Imprinted Monument: All monuments set in subdivisions shall be at least 1/2 inch x 24-inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. 2. Centerline Monument: After paving, except as provided in TMC Section 17.20.030.1.4, monuments shall be driven flush with the finished road surface at the following intersections: a. Centerline intersections. b. Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. c. Intersections of the plat boundaries and street center lines. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 SUBDIVISIONS AND PLATS § 17.20.040 3. Property Line Monumentation: All front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in TMC Section 17.20.030.1.4. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. 4. Post-Monumentation: All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within 90 days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. 5. Post-Monumentation Bonds: In lieu of setting interior monuments prior to final plat recording as provided in TMC Section 17.20.030.1.2 the Director of Public Works may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Director of Public Works may require, providing for and securing the actual setting of the interior monuments. (Ord. 2764, 6/9/2025) § 17.20.040. Streets Standards Applicable to All Streets. A. Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the Director in approval of the subdivision. Where appropriate, streets shall be extended to the boundaries of the subdivision to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets whenever practical. Grading of steep topography may be necessary to achieve this objective. However, in critical areas, the layout and construction of streets shall follow the standards and procedures of TMC Chapter 18.45. B. Frontage Dedication: Dedication of property as right-of-way along frontages may be required when it is necessary to meet the minimum street width standards or when lack of such dedication would cause or contribute to an unsafe road or intersection. C. Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 D. TUKWILA CODE § 17.20.040 Intersections: Any intersection of streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. E. Street Layout: Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where critical areas are impacted, the standards and procedures for rights -of -way in TMC Chapter 18.45 shall be followed. F. Privately Owned Streets: 1. Privately owned streets shall only be authorized when they meet the following criteria: a. Allowing privately owned streets in the area being subdivided will not adversely affect future circulation or access to neighboring properties; and b. Adequate and reasonable provisions are made for the future maintenance and repair of the proposed privately owned streets; and c. The proposed privately owned streets can accommodate potential full (future) development on the lots created; and d. The City of Tukwila determines that dedication of the proposed street as right- of-way is unnecessary due to potential traffic volume, street patterns, land use, lot patterns, or any other metric. 2. Privately owned streets shall meet the minimum requirements of the appropriate street type for the proposed project. See TMC Section 17.20.050 for street types. An applicant may choose a smaller width for a privately owned street, provided the width meets all life safety requirements. The Department of Community Development shall establish alternative widths when necessary to meet the minimum requirements of life safety standards, or if the City determines additional street components are needed due to site circumstances, including, but not limited to: topography, traffic volume, street patterns, on -street parking, lot patterns, land use, or the need for additional pedestrian, bicycle, or transit facilities. 3. Public Access: Privately owned streets shall provide permanent public access for non -motorized travel via easements. Access to privately owned streets by pedestrians or bicyclists shall not be blocked by any physical obstructions. Sidewalks installed on privately owned streets shall connect to any existing sidewalk network on adjacent streets. Terms of the public access may be established; however, terns may not include restrictions on bicycle usage of vehicle lanes or prohibitions of usage by the public after 6:00 AM or before 10:00 PM. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 a. SUBDIVISIONS AND PLATS § 17.20.040 Exceptions: Requirements for providing public access may be waived by the Department if the applicant can demonstrate one or of the following: (1) Allowing public access would expose the public to unavoidable health or safety hazards, such as active railroad tracks or hazardous chemicals related to the primary use, that cannot be prevented by any practical means; or (2) The area is limited to authorized personnel and inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; or (3) Allowing public access would cause unavoidable environmental harm, that cannot be adequately mitigated; or (4) Public access is not feasible due to the configuration of existing parcels, structures, or streets, such that potential access areas are blocked in a way that cannot be remedied reasonably by the proposed development; or Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. (5) G. Public Streets: 1. Streets that do not meet the criteria found at TMC Section 17.20.040.F.1 shall be designated as public streets. 2. The minimum total width of the right-of-way and the minimum width of the street components for public streets shall be as shown in TMC Section 17.20.050. The City shall establish the appropriate street type for all existing and proposed new streets. The Department of Community Development shall require alternative widths when necessary to meet the minimum requirements of life safety standards, or if the City determines additional street components are needed due to site circumstances, including but not limited to: topography, traffic volume, street patterns, on -street parking, lot patterns, land use, or the need for additional pedestrian, bicycle, or transit facilities. H. Street Components and Improvement Requirements: All new streets, all streets interior to a subdivision, and the half of all streets that abut the perimeter of a subdivision, shall use the following general component standards. These standards shall also be used for improvements to the frontages of parcels undergoing development, when required by TMC Title 18. Standards specific to each of the street types may be found at TMC Section 17.20.050.B, or in the Tukwila Infrastructure Design and Construction Standards. Alternative designs may be considered provided they meet the goals of the comprehensive plan and this chapter and comply with all life -safety requirements. In areas of conflict between this section and any other adopted standard, including the Tukwila Infrastructure Design and Construction Standards, the standards of this section shall be used. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 TUKWILA CODE 1. Sidewalks: a. All new sidewalks shall be a minimum of 6 feet in width. § 17.20.040 b. No obstacle, including utilities or street furniture, shall be placed within the required sidewalk space. 2. On -Street Parking: Streets may provide parallel on -street parking. a. On -street parking lanes may not exceed 9 feet in width. b. On -street parking spaces may be counted toward minimum parking requirements for proposed uses within the associated project. c. All streets with on -street parking lanes shall feature, at a minimum, a 6-foot wide buffer zone adjacent to the curb. The buffer zone shall be installed between the sidewalk and the parking lane. 3. Intersections and Crossings: a. Pedestrian crossings at intersections and driveway entrances shall be raised to curb height. b. On -street parking lanes shall end at least 20 feet from each intersection. c. New streets with on -street parking shall feature curb bulbs at intersections to shorten pedestrian crossing distances. d. All intersections shall feature crosswalks, and, if determined necessary by the Department, pedestrian crossing signage. I. Street Design: The design and alignment of all new streets shall conform to the following standards unless otherwise approved by the Department: 1. Cul-de-Sacs: New cul-de-sacs shall not be permitted. 2. Curbs and Gutters: All new streets shall have permanent concrete curbs and gutters according to Department of Public Works standards. 3. Storm Drains: All new streets shall have storm drains consisting of the proper size pipe and catch basins. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 J. SUBDIVISIONS AND PLATS § 17.20.050 4. Street Grades: Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: a. Exceeding the grades would facilitate a through street and connection with the larger neighborhood; and b. The greater grade would minimize disturbance of critical slopes; and c. The Fire Marshal grants approval of the grade transition; and d. Tangents, horizontal curves, vertical curves, and right-of-way improvements conform to Department of Public Works standards. Street Improvements: The half of all streets that abut the perimeter of a subdivision or development project identified in TMC Title 18 shall be improved to comply with all requirements of this chapter and the Tukwila Infrastructure Design and Construction Standards for new streets. Additional paving may be required to ensure safe and efficient roads exist to serve the subdivision. (Ord. 2764, 6/9/2025) § 17.20.050. Street Types and Type Specific Standards. A. The following table shows minimum standards for street types. Alternative standards may be considered provided they meet the goals of the comprehensive plan and this chapter and comply with all life -safety requirements. In areas of conflict between this section and any other adopted standard, including the Tukwila Infrastructure Design and Construction Standards, these standards shall be used unless otherwise approved by the Director of Community Development and the Director of Public Works. Type of Street Principal Arterial Minor Arterial Collector Arterial Access Road Alley Total Width 80'-100' 60'-80' 60'-80' 50'-60' 20' Roadway Pavement Width 48'-84' 36'-64' 24'-48' 28'-36' 15' Vehicle Lane Width Component Requirements The width of components of these street types shall be determined by TMC § 17.20.040.H, as well as the requirements of the Department of Public Works, including the Tukwila Infrastructure Design and Construction Standards. Landscaping / Buffer Zone Parking / Flex Sidewalks Width Zone Width Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.050 TUKWILA CODE § 17.20.050 Neighborhood Yield 40' 11' 6'+6' = 12' Total 5'+5' = 10' Total 7' Street - Single Side Parking (See TMC § 17.20.050.B.1) Neighborhood Yield 50' 12' 6'+6' = 12' Total 6'+6' = 12' Total 7'+7' = 14' Total Street - Parking on Both Sides (See TMC § 17.20.050.B.1) Landscaping / Furniture Vehicle Clear Islands / Clear Zone Zones Parking Area Widths (optional) Living Street - 20' Minimum 10' 10' Through (See TMC § 17.20.050.B.2) 7' Living Street - Dead 20' Minimum 16' 4' End (See TMC § 17.20.050.B.2) Private Access Lane Less than 20' For private access lanes of less than 20 feet of width, see TMC § 17.20.040.E.2. B. Street Specific Standards: 1. Neighborhood Yield Streets: Neighborhood Yield Streets are designed as low speed and low volume streets. These streets allow for single -direction vehicle travel at a time and require vehicles to pass each other by pulling over into loading areas, empty street parking spaces, curb cuts, or other gaps. Neighborhood Yield Streets always feature sidewalks, landscaping strips, and at least one on -street parking lane. (a) Applicability: Neighborhood Yield Streets are appropriate in areas where the majority of the street's uses are residential or are community amenities such as parks, schools, and gathering spaces. They are not appropriate where the street would serve as a major transportation corridor for regional travel. 2. Living Streets: Living Streets are shared streets where the design enforces that the street is shared by all users, including pedestrians, bicyclists, and vehicle drivers. These streets do not feature curbs and instead utilize other design features and traffic calming devices to compel drivers to drive slowly. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.050 (a) SUBDIVISIONS AND PLATS § 17.20.050 Sidewalks: On Living Streets (TMC § 17.20.050.A), no sidewalk is required, as the street design shall reinforce pedestrian right-of-way within the entire street. (b) Materials: Living Streets shall be paved with textured or pervious pavement, pavers, or other similar materials that reinforce the pedestrian -priority nature of the street. (c) Improvements: Streets on the perimeter of a subdivision that are designated as Living Streets but that are subject only to partial improvement shall establish a portion of the 20-foot-wide street pavement as a pedestrian walkway with a minimum width of 5 feet. The street shall meet all other requirements established by this chapter and the requirements of the Department of Public Works and the Fire Department. (Ord. 2764, 6/9/2025) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.010 SUBDIVISIONS AND PLATS § 17.24.030 CHAPTER 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS § 17.24.010. Purpose. A. It is the intent to have required infrastructure improvements completed prior to final approval of the proposed land action, while allowing some minor improvements, such as finishing street work, to be completed after final approval if financial assurances that meet the requirements of TMC Section 17.24.040 are provided. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.24.020. Plans and Permits Required for Public Improvements. A. Approval of a preliminary subdivision, BSIP, boundary line adjustment, or lot consolidation, shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the Short Subdivision Committee or Hearing Examiner; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. B. Prior to installing improvements, the applicant shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. [Note: See TMC Chapters 11.08 and 11.12 for additional guidance on standards and permit requirements for improvements in the public right-of-way.] (Ord. 2740, 10/17/2024) § 17.24.030. Process for Installing Public Improvements. A. All improvements installed shall conform to the requirements of this title and the standards, specifications, inspections and procedures as set forth by the Department of Public Works, and shall be installed in accordance with the following procedures: 1. Work shall not commence until plans have been checked for adequacy and approved by the Department of Public Works to the extent necessary for the evaluation of the proposal. Plans shall be prepared in accordance with the requirements of the City. 2. Work shall not commence until the Department of Public Works has been notified in advance and, if work has been discontinued for any reason, it shall not be resumed until the Department of Public Works has been notified. 3. Public improvements shall be constructed under the inspection and to the satisfaction of the Director of Public Works. The Director of Public Works may require changes in typical sections and details if unusual conditions arise during construction to warrant the change. 4. All underground utilities, sanitary sewers and storm drains installed in the streets shall be constructed prior to street surfacing. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when surface connections are made. 5. Plans showing all improvements as built shall be filed with the City upon completion Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.030 SUBDIVISIONS AND PLATS § 17.24.040 of the improvements. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.24.040. Improvement Agreements and Financial Guarantees. A. Required Improvements: Before any final subdivision, BSIP, boundary line adjustment, or lot consolidation is approved, the applicant shall install all required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of the completion of the actual construction of all required improvements (public and private), the Director of Public Works may accept a bond in an amount and with surety and conditions satisfactory to the Director of Public Works, or other secure method, providing for and securing to the City the actual construction and installation of all required improvements. This is in addition to the requirements of TMC Chapter 11.08 requiring a performance bond for all work being done in the public right-of-way. If the Director of Public Works accepts a bond for the completion of the work, the applicant shall execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: 1. Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the Director of Public Works, and properly secured in advance of the required initial completion date. 2. Require notice by the applicant to the Director of Public Works promptly upon completion of all required improvements. 3. Provide for notice of approval or disapproval by the Director of Public Works of the improvement within a reasonable time after receiving notice of completion. 4. Require financial security to be provided by the applicant pursuant to TMC Section 17.24.040.C. 5. Provide that, if the applicant fails to complete all required work within the period specified, the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed 90 days from the date of demand. 6. Provide that, if the required improvements are not completed within that time, the City may take action to require the applicant to forfeit the financial security. 7. Provide that the City shall be entitled to recover all costs of such action including reasonable attorney's fees. 8. Provide that, following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. 9. Provide that, should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the applicant. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.040 TUKWILA CODE § 17.24.040 B. Maintenance Agreement: Regardless of whether all required improvements are completed prior to final approval, as a condition of such approval the applicant shall execute an agreement to assure successful operation of said improvements. [Note: See TMC Section 11.08.160 for details.] The agreement shall: 1. Require the applicant to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. 2. Require the applicant to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Director of Public Works, and shall be reasonably related to the burdens that the subdivision will impose on drainage facilities during the time maintenance is required. The City may agree to accept and perform maintenance of the improvements, in which case the applicant's obligation to perform maintenance functions shall terminate. 3. Not relieve the applicant of liability for the defective condition of any required improvements discovered following the effective tern of the security given. 4. Provide a waiver by the applicant of all claims for damages against any governmental authority, which may occur to the adjacent land as a result of construction, drainage, and maintenance of the streets and other improvements. C. Performance Bond: To assure full performance of the agreements required herein, the applicant shall provide one or more of the following in a form approved by the City Attorney: 1. A surety bond executed by a surety company authorized to transact business in the State of Washington. 2. An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. 3. An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. 4. A cash deposit made with the City of Tukwila. D. Amount of Financial Security: The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of records in a format approved by Public Works and meeting current Public Works drawing standards of the "as -built" improvements. The Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.040 SUBDIVISIONS AND PLATS § 17.24.040 applicant shall provide an estimate of these costs for acceptance by the Director of Public Works. E. Defective Work: The acceptance of improvements by the City shall not prevent the City from making a claim against the applicant for any defective work if such is discovered within two years after the date of completion of the work. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.28.010 SUBDIVISIONS AND PLATS § 17.28.040 CIIAPTER 17.28 PENALTIES, SEVERABILITY, LIABILITY § 17.28.010. Sale, Lease or Transfer of Land in Violation of this Chaptcr. A Any per3on, firm, corporation, a33ociation, or any agent of any per3on, firm, corporation, or a33ociation who violatc3 any provi3ion of RCW 58.17 or TMC Title 17, "Subdivi3ion3 and Plat3", relating to thc 3alc, offer for 3alc, lca3c, or transfcr of any lot, tract, or parcel of land, shall bc guilty of a gross misdemcanor; and cch salc, offer for salc, louse or transfcr of cch separate lot, tract, or parccl of land in violation of any provision of RCW 58.17 or TMC Title 17, "Subdivi3ion3 and Plat3", 3hall bc deemed a 3cparatc and di3tinct offcn3c. (Ord. 2740, 10/17/2024) § 17.28.020. Penalties. A Any othcr violation of any provi3ion, or failure to comply with any of thc rcquircmcnt3 of thi3 chapter, 3hall bc 3ubjcct to enforcement and pcnaltic3 a3 prc3cribcd in TMC Chaptcr 8.45 and thc i33uancc of a Noticc of Violation in accordance with TMC Scction 8.45.070. (Ord. 2740, 10/17/2024) § 17.28.030. City Not Liable. A Thi3 codc 3hall not bc con3trucd to relieve from or lc33cn thc rc3pon3ibility of any per3on owning any land or building, con3tructing or modifying any 3ubdivi3ion3 in thc City for damages to anyonc injurcd or damaged cithcr in person or property by any defect thcrcin; nor shall thc City or any agcnt thereof be hcld as assuming such liability by roason of any preliminary or final approval or by i33uancc of any pennit3 or ccrtificatc3 authorized hcrcin. (Ord. 2740, 10/17/2024) A If any Scction, 3ub3cction, clau3c or phra3c of thi3 codc i3 for any rca3on hcld to be uncon3titutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 2740, 10/17/2024) Downloaded from https://ecode360.com/TU6948 on 2025-10-21 TITLE 18 ZONING Chapters: 18.02 Title 18.04 General Provisions 18.06 Definitions 18.08 Districts Established - Map 18.09 Land Uses Allowed by District 18.10 Community Residential 18.12 Mcdium Density Residential Rcpcalcd by Ordinancc 2765, Junc 2025 18.14 High Density Residential 18.16 Mixed Use Office 18.18 Office 18.20 Residential Commercial Ccntcr 18.22 Ncighborhood Commercial Ccntcr 18.24 Regional Commercial 18.26 Regional Commercial Mixed Use 18.28 Tukwila Urban Ccntcr (TUC) District 18.30 Commercial/Light Industrial 18.32 Light Industrial 18.34 Hc€avy Industrial 18.36 Manufacturing Industrial Ccntcr/Light 18.38 Manufacturing Industrial CcntcrlHc�vy 18.40 Tukwila Valley South 18.41 Tukwila South Overlay District 18.42 Public Recrcition Overlay District 18.43 Urban Renewal Overlay District Figures and Tables: Figure 1 Figurc 2 Figure 3 Figure 4 Figurc 5 Figure 6 Figure 7 Figure 8 Figurc J Figure 10 Figurc 11 Figurc 12 Figurc 13 Figure 14 Figurc 1E, 18.44 Shoreline Overlay 18.45 Environmentally Critical Areas 18.46 PRD Planned Residential Development 18.48 Temporary Encampments 18.50 Supplemental Development Standards 18.52 Landscape Requirements 18.54 Urban Forestry and Trcc Regulations 18.56 Off-street Parking and Loading Regulations 18.58 Wireless Communication Facilities 18.60 Design Review 18.64 Conditional Use Permits 18.66 Unclassified Use Permits 18.70 Nonconforming Lots, Structures and Uses 18.72 Variances 18.80 Amendments to the Comprehensive Plan 18.82 Amendments to Development Regulations 18.84 Amendments to the Zoning and Comprehensive Plan Maps 18.86 Development Agreements 18.88 Application Fccs 18.96 Administration and Enforccmcnt 18.104 Permit Application Typcs and Procedures 18.108 Decision Processes 18.112 Public Hcring Processes 18.116 Appc I Processes Shoreline Use Matrix Sample Residential Sensitive Arco Sitc Plan Submittal Building Height Exception Areas Location and Measurement, Yards on Lots Multi Family Design Guideline Off -Street Parking Area Dimensions Required Number of Parking Spaces for Automobiles and Bicycles Parking for the Handicapped Commercial Redevelopment Ards in the Tukwila International Boulevard Corridor City of Tukwila Zoning Map Eligible Parcels for Location of Secure Community Transition Facility MIC/H Parcels Ineligible for Stand alone Office Uses Housing Options Program Standards Tukwila Neighborhoods Tukwila International Blvd. Urban Rcncwal Overlay District Office of the City Clerk I City of Tukwila Page 1 of 356 Return to Title Figures 18-16 through 18-59 and Tables 18-1 through 18-5 are associated with TMC 18.28, Tukwila Urban Center (TUC) District Figurc 16 Map of Districts Figurc 17 Block Facc Lcngth Figurc 18 Corridor Dcfinition of Tcrms Figurc 19 Corridor Typc Map Figurc 20 Walkablc Corridor Standards Figurc 21 Pcdcstrian Walkway Corridor Standards Figurc 22 Tukwila Pond Esplanadc Standard) Figurc 23 Ncighborhood Corridor Standards Figurc 21 Urban Corridor Standards Figurc 25 Commcrcial Corridor Standard) Figurc 26 Frccway Frontagc Corridor Standards Figurc 27 Workplacc Corridor Standard) Figurc 28 Examplcs of Public Frontagc Figurc 29 Examplc of Building Oricntcd to thc Strcct Figurc 30 Examplc of Fc€atures on a Building Oricntcd to Strcct Figurc 31 Examplcs of Building Oricntation to Strccts/Opcn Spacc Trc€atmcnts Figurc 32 Frontagc Building Covcragc Figurc 33 Examplc of Excccding Maximum Building Sctbacks to Providc Pcdcstrian Spacc Figurc 31. Surfacc Parking Front Figurc 35 Strcct Front Parking Examplc) Figurc 36 Surfacc Parking Sidc Figurc 37 Surfacc Parking Rear Figurc 38 Examplc of Vcrtical Modulation and Horizontal Modulation Figurc 39 Fagadc Articulation Examplc for a Mixcd Usc Building Figurc 14 Examplc of Articulating thc Fagadc of a Rcsidcntial Building Figurc 41 Major Vcrtical Modulation Examplc Figurc 1-2 Cround Lcvcl Transparcncy Rcquircmcnts Figurc 43 Examplcs of Pcrccntagc of Transparcncy Bctwccn 2 10' Along thc Lcngth of a Building Fagadc Figurc 11 Display Window Examplc Encroachmcnt Provisions for Building Ovcrhangs or Weathcr Protcction Features Figurc 46 Illustration of thc Various Sidc and Rmr Yard Trmtmcnt Standards and Option) Figurc /4 Examplc of a Singlc Trcc Plantcd with No Othcr Matcrials and Littic Room for Viability. Figurc 18 Using Evcrgrccn Landscaping to Scrccn Utilitics Figurc 49 Examplcs of Landscapcd Trcc WcIIb Figurc 50 Examplcs of Pcdcstrian Space Figurc 51 Examplcs of Pcdcstrian Passagcs Figurc 52 Common Opcn Spacc Examplc) Figurc 53 Rooftop Cardcn Figurc 51 Examplcs of Drivcway Lcvcl with thc Hcight of thc Sidcwalk Figurc 55 Examplc of Not Enough Room on Sitc to Exit Loading Arcs, Rcsulting in Disruption of Traffic Movcmcnts Figurc 56 Parking Lot Walkway Standards and Examplc Figurc 57 Examplc of Cood Intcrnal Pcdcstrian Circulation Figurc 58 Intcrnal Walkway Standards and an Examplc Along Rctail or Mixcd Usc Building) Figure 59 Critical Area Tracts in Tukwila South Figurc 60 Tukwila Intcrnational Boulcvard (TIB) Study Arcs Figurc 61 Major Pcdcstrian Corridor Office of the City Clerk I City of Tukwila Page 2 of 356 Return to Title Tablcs: Tablc 1 Tablc 2 Tablc 3 Tablc 1 Tablc 5 Summary of Applicablc Rcvicw Proccsrc and StandardclGuidclincs Tukwila Urban Ccntcr Land Uccs Allowcd by District District Standards Provision of Opcn Spam Provision of Parking Table 18-6 is associated with TMC 18.09, Land Uses Allowed by District Table 6 Land Uses Allowed by District Office of the City Clerk I City of Tukwila Page 3 of 356 Return to Title CHAPTER 18.02 TITLE Sections: 18.02.010 Short Title 18.02.010 Short Title A. This title shall be known and may be cited as "The Tukwila Zoning Code." [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 4 of 356 Return to Title CIHAIP"TEIIP. 18.04 Sections: 18.04 010 18.04.020 18.04.030 GE II. IEIIP.,A.L IPII OVIIIIISIIIIC►II Application of Provisions Change in Existing Structure, Use or Proposed Use Performance Standards for All Uses 18.04.010 Application of Provisions A. In the interpretation and application of the provisions of this title, such provisions shall be held to be the minimum requirements adopted for the promotion of the health, safety, morals, or the general welfare of the community. It is not intended by this title to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted pursuant to law, relating to the use of buildings or land, nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use, erection, alteration or extension of buildings, or use of land, or upon the number of square feet of lot area per family, or where the yard or building line requirements are more restrictive than the requirements imposed by such existing provision of law or ordinance, or by such rules or regulations or by such covenants or agreements, the provision of this title shall control. Go • 2741 §4 (part), 2024 18.04.020 Change in Existing Structure, Use or Proposed Use A. Nothing contained in this title shall require any change in any existing building or structure or in the plan, construction or designated use of a proposed building or structure which would conform with the zoning regulations then in effect, and for which a building permit shall have been issued, and plans for which are on file in the Department of Community Development prior to the effective date of the ordinance codified in this title, and the construction of which building or structure shall have been started within twelve months of the date of such building permit and diligently prosecuted to its completion. Go 2011 §4 (part), 2222 18.04.030 Performance Standards for All Uses A. In addition to all the standards found in this Title, all uses, activities and operations comply with the following: 1. Standards adopted by the Puget Sound Air Pollution Control Agency for odor, pollutants. 2. TMC 8.22, "Noise". 3. All adopted State and Federal standards for water quality and hazardous materials. 4. All other applicable local, State, and Federal standards. within a structure or a site shall dust, smoke and other airborne :Prs 2 5 2025 Office of the City Clerk 1 City of Tukwila Page 5 of 356 Sections: 18.06.005 18.06.010 18.06.015 18.06.016 18.06.017 18.06.018 18.06.020 18.06.025 18.06.030 18.06.035 18.06.036 18.06.037 18.06.039 18.06.045 18.06.048 18.06.050 18.06.055 18.06.056 18.06.058 18.06.059 18.06.060 18.06.061 18.06.062 18.06.063 18.06.064 18.06.065 18.06.066 18.06.070 18.06.071 18.06.072 18.06.073 18.06.074 18.06.075 18.06.080 18.06.085 18.06.090 18.06.095 18.06.097 18.06.100 18.06.105 18.06.110 18.06.115 18.06.118 18.06.119 18.06.120 18.06.125 CHAPTER 18.06 DEFINITIONS General Definitions Abandoned Mine Areas Access Road Accessory Dwelling Unit Adaptive Management Adjacent Adult Day Care Adult Entertainment Establishments Airports Alley Alteration Amusement Device Amusement Park Applicant Appurtenance Area, Site Areas of Potential Geologic Instability Armoring Assisted Living Facility Bank Basement Battery Charging Station Battery Exchange Station Bed -and -Breakfast Lodging Best Available Science Best Management Practices Binding Site Improvement Plan Bioengineering Blank Wall Blind Wall Block Boarding House Buffer Building Building, Accessory Building Area Building, Detached Building Footprint Building Height Building Line Building, Nonconforming Building Permit Bulk Retail Bulkhead Bus Station Caliper 18.06.130 18.06.135 18.06.137 18.06.140 18.06.142 18.06.143 18.06.145 18.06.150 18.06.152 18.06.155 18.06.160 18.06.165 18.06.170 18.06.172 18.06.173 18.06.175 18.06.177 18.06.178 18.06.179 18.06.180 18.06.181 18.06.182 (001) (007) (010) (013) 18.06.183 18.06.185 18.06.190 18.06.195 18.06.196 18.06.198 18.06.199 18.06.200 18.06.202 18.06.203 18.06.204 18.06.205 18.06.208 18.06.210 18.06.215 18.06.216 18.06.217 18.06.220 18.06.222 Canopy Canopy Cover Cargo Container Certified Arborist Charging Levels Channel Migration Zone Clearing Clinic, Outpatient Medical Closed Record Appeal Club Commercial Laundries Comprehensive Plan Continuing Care Retirement Community Contractor Storage Yards Convalescent/Nursing Home Cooperative Parking Facility Correctional Institution Cottage Housing Courtyard Apartments Coverage Critical Root Zone Critical Areas Critical Area Buffer Critical Areas Ordinance Critical Area Regulated Activities Critical Area Tract or Easement Cul-de-Sac Curb -Cut Dangerous Waste Day Care Center Daylighting Dedication Defective Tree Density Transfer Department Design Criteria Design Guidelines Designated Facility Zone Detached Zero -Lot -Line Units Development Development Area Development Permit Development, Shoreline Diameter at Breast Height (DBH) Dike 18.06.225 18.06.230 18.06.232 18.06.234 18.06.235 18.06.237 18.06.238 18.06.240 18.06.241 18.06.242 18.06.243 18.06.244 18.06.245 18.06.246 18.06.247 18.06.248 18.06.249 18.06.250 18.06.251 18.06.252 18.06.255 (001) (002) (003) (004) 18.06.258 18.06.259 18.06.260 18.06.261 18.06.262 18.06.263 18.06.264 18.06.266 18.06.268 18.06.269 18.06.270 18.06.280 18.06.283 18.06.285 18.06.287 18.06.290 18.06.295 18.06.300 Director District District, Overlay Diversion Facility Diversion Interim Services Facility Dormitory Drive -Through Driveway Durable Uniform Surface Dwelling, Co -Living Dwelling, Manufactured or Mobile Home Dwelling, Middle Housing Dwelling, Mobile Home Dwelling, Multi -Family Dwelling, Single -Family Dwelling Unit Easily Adaptable Eating and Drinking Establishments Ecological/Ecosystem Functions (or Shoreline Functions) Ecosystem -Wide Processes Emergency Housing Emergency Shelter Permanent Supportive Housing Transitional Housing Domestic Shelter Electric Vehicle Electric Vehicle Charging Station Electric Vehicle Charging Station -Restricted Electric Vehicle Charging Station -Public Electric Vehicle Infrastructure Electric Vehicle Parking Space Engineer, Geotechnical Engineer, Professional Engineering, Geotechnical Environment Designation Essential Public Facility Essential Use Essential Utility Essential Street, Road, or Right - of -Way Extended -Stay Hotel or Motel Extremely Hazardous Waste Facade Family Child Care Home 18.06.305 18.06.310 18.06.315 18.06.318 18.06.320 18.06.325 18.06.330 18.06.335 18.06.338 18.06.340 18.06.345 18.06.353 18.06.355 18.06.365 18.06.370 18.06.380 18.06.385 18.06.390 18.06.395 18.06.400 18.06.405 18.06.410 18.06.415 18.06.420 18.06.430 18.06.435 18.06.440 18.06.445 18.06.450 18.06.451 18.06.452 18.06.453 18.06.454 18.06.456 18.06.460 18.06.465 18.06.470 18.06.472 18.06.473 18.06.475 18.06.480 18.06.486 18.06.490 (001) 18.06.492 18.06.493 Feasible Fence Filling Final Plat Fire Lane Floor Area Flood Plain Flood Hazard Reduction Floodway Fraternal Organization Garage, Private General Retail Geologist Grade Grading Groundcover Hazardous Substance Hazardous Substance Processing or Handling Hazardous Tree Hazardous Waste Hazardous Waste Storage Hazardous Waste Treatment Hazardous Waste Treatment and Storage Facility, Off -Site Hazardous Waste Treatment and Storage Facility, On -Site Home Occupation Hospital Hotel Impervious Surface Infrastructure Industrial Use, Light Industrial Use, Heavy Integrated Site Internet Data/Telecommunication Center Invasive Plant and Tree List Junk Yard Kennel Laboratory, Medical and Dental Large Woody Debris (LWD) Land Surveyor Land -Altering Activity Land -Altering Permit Landscape Design Professional Landscaping or Landscaped Areas Lease Levee Mulch Office of the City Clerk I City of T ulkwliVa Page 2 of 356 18.06.495 18.06.500 18.06.505 18.06.510 18.06.520 18.06.525 18.06.530 18.06.535 18.06.538 18.06.540 18.06.543 18.06.545 18.06.551 18.06.552 18.06.553 18.06.554 18.06.555 18.06.556 18.06.557 18.06.558 18.06.560 18.06.565 18.06.567 18.06.568 18.06.570 18.06.571 18.06.575 18.06.580 18.06.581 18.06.583 18.06.584 18.06.585 18.06.586 18.06.587 18.06.588 18.06.589 (001) (002) (003) (004) 18.06.591 18.06.592 18.06.593 18.06.594 18.06.595 18.06.600 18.06.605 18.06.607 18.06.610 18.06.611 Loading Space Lot Lot Area Lot, Corner Lot Depth Lot Frontage Lot Lines Lot, Interior Lot, Parent Lot, Through Lot, Unit Lot Width Marijuana Marijuana Processor Marijuana Producer Marijuana Retailer Major Adjustment Major Transit Stop Marijuana -infused Products Marijuana Concentrates Mall Manufactured/Mobile Home Park Manufacturing Mass Transit Facilities Mean High Water Mark Mean Higher High Water (MHHW) Mining and Quarrying Minor Adjustment Mitigation Modular Home Motel Native Vegetation New Manufactured Home Nightclub No Net Loss Nonconforming Structure Structure, Shoreline Use Use, Shoreline Non -Water -Oriented Uses Office Open Record Appeal Open Record Hearing Open Space Open Space Tract Ordinary High Water Mark Overwater Structure Parcel Park and Ride 18.06.613 18.06.615 18.06.617 18.06.618 18.06.620 18.06.625 18.06.627 18.06.630 18.06.632 18.06.633 18.06.635 18.06.636 18.06.637 18.06.638 18.06.640 18.06.645 18.06.650 18.06.651 18.06.652 (001) 18.06.655 18.06.656 18.06.657 18.06.658 18.06.660 18.06.662 18.06.665 18.06.670 18.06.675 18.06.676 18.06.677 18.06.680 18.06.682 18.06.685 18.06.686 18.06.687 18.06.688 18.06.689 18.06.690 18.06.691 18.06.696 18.06.697 18.06.705 18.06.706 18.06.707 18.06.708 18.06.735 Parking, Commercial Parking Space Pawnbroker Performance Bond or Guarantee Performance Standards Person Pervious Hard Surface Plan Planned Residential Development (PRD) Planning Commission Plat Preliminary Plat Principal Building Private Access Road Property Owner Protected Tree/Protected Vegetation Protection Measure Protective Fencing Pruning Topping Public Access Public Entity Public Meeting Public Right -of -Way Rapid Charging Station Reach Recreation Space Recreation Space, Covered Recreation Space, Uncovered Regional Detention Facility Revetment Research and Development Facility Religious Facility Residence Residential Conversion Restaurant Restaurant, Fast Food Right -of -Way Riparian River Channel Riverbank Analysis and Report Roadway Screening Secure Community Transitional Facility Self Storage Facility Senior Citizen Housing Vehicle Service Station Office of the City Clerk I City of T ulkwliVa Page 3 of 356 18.06.740 18.06.745 18.06.750 18.06.756 18.06.757 18.06.758 18.06.759 18.06.760 18.06.761 18.06.769 18.06.770 18.06.775 18.06.777 18.06.780 18.06.781 18.06.785 18.06.790 18.06.795 18.06.800 (001) 18.06.805 18.06.810 18.06.813 (001) (002) 18.06.815 18.06.817 18.06.820 18.06.821 18.06.822 18.06.829 18.06.830 18.06.833 18.06.835 18.06.840 18.06.843 18.06.845 (001) (002) (003) (004) (005) (006) (007) (008) (009) Setbacks Shelter Station Shopping Center, Planned Shorelands or Shoreland Areas Shorelines or Shoreline Areas Shoreline Jurisdiction Shoreline Modifications Shoreline Restoration or Ecological Restoration Shoreline Stabilization Short Subdivision Committee Sign Significant Tree Significant Vegetation Removal Site Site Disturbance Stacked Flat Story Street Structure Nonconforming Structure, Shoreline Structural Alteration Studios Subdivision Short Subdivision Long Subdivision Substantial Construction Substantial Development Surveyor Theater Tow Truck Operations Townhouse Tract Trailer Court or Park Trailer, Travel Transit Center Transit -Oriented Development (TOD) Housing Tree At -Risk Tree Crown Dead Tree Dripline Exceptional Tree Heritage Tree or Heritage Grove Invasive Tree Nuisance Tree Qualified Tree Professional (010) (011) (012) (013) (014) (015) (016) 18.06.850 18.06.852 18.06.854 18.06.855 18.06.860 18.06.863 18.06.864 18.06.865 18.06.870 18.06.875 18.06.880 18.06.885 18.06.890 18.06.895 18.06.900 18.06.905 18.06.910 18.06.915 18.06.916 18.06.917 18.06.918 18.06.919 18.06.920 18.06.921 18.06.922 18.06.924 18.06.934 18.06.944 18.06.945 18.06.950 18.06.955 18.06.960 18.06.965 Risk Street Tree Target or Risk Target Tree Risk Assessment Tree Risk Assessor Viable Tree Windfirm Tree Clearing Permit Tree Removal Truck Terminal Turbidity Understory Vegetation Usable Floor Area Useable Marijuana Use Use, Accessory Use, Conditional Use, Permitted Use, Primary or Principal Use, Unclassified Unlisted Use Utilities Variance Vegetation Vehicles Warehouse Water Dependent Water Enjoyment Water Oriented Watercourse Water Related Wetland Wetland Edge Wetland, Scrub -Shrub WRIA Yard Yard, Front Yard, Rear Yard, Second Front Yard, Side Office of the City Clerk I City of T ulkwliVa Page 4 of 356 18.06.005 General Definitions Except where specifically defined in this Chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." [Ord. 2741 §4 (part), 2024] 18.06.010 Abandoned Mine Areas "Abandoned mine areas" means those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts. [Ord. 2741 §4 (part), 2024] 18.06.015 Access Road "Access road" means that portion of a driveway which provides access to one or more parking lot or area, provides access to more than one property or lot, or may provide internal access from one street to another. This shall not include that portion of driveways whose primary function is to provide direct access to adjacent parking spaces and which, as a secondary function, also provides circulation within parking areas. [Ord. 2741 §4 (part), 2024] 18.06.016 Accessory Dwelling Unit "Accessory dwelling unit (ADU)" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. [Ord. 2741 §4 (part), 2024] 18.06.017 Adaptive Management "Adaptive management" means the use of scientific methods to evaluate how well regulatory and non - regulatory actions protect a critical area. [Ord. 2741 §4 (part), 2024] 18.06.018 Adjacent "Adjacent" means lying near or close to; sometimes, contiguous; neighboring. Adjacent implies that the two objects are not widely separated, though they may not actually touch. [Ord. 2741 §4 (part), 2024] 18.06.020 Adult Day Care "Adult day care" means a facility which provides supervised daytime programs where up to six frail and/or disabled adults can participate in social, educational, and recreational activities led by paid staff and volunteers. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 5 of 356 18.06.025 Adult Entertainment Establishments A. "Adult entertainment establishments" means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows: 1. "Adult bathhouse" means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises or which provides to its patrons an opportunity for engaging in "Specified Sexual Activities," with or without a membership fee." 2. "Adult bookstore" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. 3. "Adult cabaret" means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises. 4. "Adult massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such service is provided. 5. "Adult motion picture theater" means a building, enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 6. "Adult retail store" means retail establishment in which: a. 30% or more of the "stock -in -trade" consists of items, products or equipment distinguished or characterized by an emphasis on or simulation of "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such items, products or equipment are displayed or sold. 7. "Adult sauna parlor" means a commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises. 8. "Adult video store" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of prerecorded video tapes, disks, or similar material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or any part of the premises generally held open to the public where such prerecorded video tapes, disks or similar material are displayed or sold. B. "Specified anatomical areas" means: 1. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; Office of the City Clerk I City of T ulkwliVa Page 6 of 356 2. Human male genitals in a discernibly turgid state even if completely or opaquely covered. C. "Specified sexual activities" means: 1. Acts of human masturbation, sexual intercourse or sodomy; or 2. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or 3. Human genitals in a state of sexual stimulation or arousal. D. "Stock -in -trade" means: 1. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or 2. The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. [Ord. 2741 §4 (part), 2024] 18.06.030 Airports "Airports" means any area of land that is used or intended for the landing and takeoff of aircraft, any appurtenant areas that are used or intended for airport buildings or other airport facilities or rights -of -way, and all airport buildings and facilities. [Ord. 2741 §4 (part), 2024] 18.06.035 Alley "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. [Ord. 2741 §4 (part), 2024] 18.06.036 Alteration "Alteration" means any human -induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing of vegetation, construction, compaction, excavation, or any other activity that changes the character of the critical area. [Ord. 2741 §4 (part), 2024] 18.06.037 Amusement Device "Amusement device" means a structure such as a ferris wheel, roller coaster or climbing wall. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 7 of 356 18.06.039 Amusement Park "Amusement Park" means a commercial entertainment land use featuring one or more amusement devices, with or without other commercial entertainment land uses, primarily in an outdoor setting. [Ord. 2770 §2 (part), 2025] 18.06.045 Applicant "Applicant" means a property owner or a public agency or public or private utility which owns a right-of- way or other easement, or has been adjudicated the right to an easement pursuant to RCW 8.12.090, or any person or entity designated in writing by the property or easement owner to be the applicant for a project permit, and who requests approval for a project permit. [Ord. 2741 §4 (part), 2024] 18.06.048 Appurtenance "Appurtenance" means a structure that is necessarily connected to the use and enjoyment of a single family residence, including a garage, deck, driveway, utilities, fences, installation of a septic tank and drain field and grading that does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark (WAC 173-27-040 (2) (g)). [Ord. 2741 §4 (part), 2024] 18.06.050 Area, Site "Site area" means the total two-dimensional horizontal area within the property lines excluding external streets. [Ord. 2741 §4 (part), 2024] 18.06.055 Areas of Potential Geologic Instability "Areas of potential geologic instability" means those areas subject to potential landslides and/or potential seismic instabilities. [Ord. 2741 §4 (part), 2024] 18.06.056 Armoring "Armoring" means the control of shoreline erosion with hardened structures, such as bulkheads, sea walls, and riprap. [Ord. 2741 §4 (part), 2024] 18.06.058 Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to RCW 18.20 as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 8 of 356 18.06.059 Bank "Bank" means the rising ground bordering a water body and forming an edge or slope. [Ord. 2741 §4 (part), 2024] 18.06.060 Basement "Basement" means that portion of a building between floor and ceiling which is all or partly below grade. If the finished floor level directly above a basement is more than two feet above grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any point, such basement shall be considered as a story. [Ord. 2741 §4 (part), 2024] 18.06.061 Battery Charging Station "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles and that meets or exceeds any standards, codes, and regulations set forth by RCW 19.28 and is consistent with rules adopted under RCW 19.27.540. [Ord. 2741 §4 (part), 2024] 18.06.062 Battery Exchange Station "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swap -able battery to enter a drive lane and exchange the depleted battery for a fully charged battery through a fully automated process that meets or exceeds any standards, codes, and regulations set forth by RCW 19.27 and is consistent with rules adopted under RCW 19.27.540. [Ord. 2741 §4 (part), 2024] 18.06.063 Bed -and -Breakfast Lodging "Bed -and -breakfast" means an owner -occupied dwelling unit that contains guest rooms where lodging is provided for compensation. [Ord. 2741 §4 (part), 2024] 18.06.064 Best Available Science "Best Available Science" means that scientific information applicable to the critical area prepared by appropriate local, state or federal agencies, a qualified scientist or team of qualified scientists, which will be consistent with the criteria established in WAC 365-195-900 through WAC 365-195-925. Characteristics of a valid scientific process will be considered to determine whether information received during the permit review process is reliable scientific information. A valid scientific process includes some or all of the following characteristics: 1. Peer reviewed research or background information. 2. Study methods clearly stated. 3. Conclusions based on logical assumptions. 4. Quantitative analysis. Office of the City Clerk I City of T ulkwliVa Page 9 of 356 5. Proper context is established. 6. References are included that cite relevant, credible literature and other pertinent information. [Ord. 2741 §4 (part), 2024] 18.06.065 Best Management Practices "Best management practices (BMPs)" means conservation practices and management measures which serve to protect trees, including the following practices: 1. Avoiding physical damage to tree trunk, branches, foliage and roots; 2. Restricting the movement, operation, and location of construction materials and equipment to avoid the area under a tree canopy; 3. Minimizing adverse changes in drainage conditions around tree roots; 4. Minimizing adverse changes to the chemical, physical, structural, and organic characteristics of soil around tree roots; 5. Those conservation practices defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, and International Society of Arborists as intended to protect trees. [Ord. 2741 §4 (part), 2024] 18.06.066 Binding Site Improvement Plan "Binding Site Improvement Plan" means an improvement plan processed in accordance with TMC 17.16, which is legally binding on the land owner, his heirs, successors and assigns. [Ord. 2741 §4 (part), 2024] 18.06.070 Bioengineering "Bioengineering" means integrating living woody and herbaceous materials with organic (plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to increase the strength and structure of the soil along a riverbank, accomplished by a dense matrix of roots that hold the soil together. The above -ground vegetation increases the resistance to flow and reduces flow velocities by dissipating energy. [Ord. 2741 §4 (part), 2024] 18.06.071 Blank Wall "Blank Wall" means any non -blind wall (see TMC 18.06.072) that does not include a transparent window or door and that exceeds 15 feet of horizontal length and vertical height. [Ord. 2770 §2 (part), 2025] 18.06.072 Blind Wall "Blind Wall" means any wall, or portion of a wall, that is parallel to and less than five (5) feet from another existing, proposed, or potential wall of equivalent area, or that is located directly at a lot line when abutting a parcel where zero -lot -line development is also permitted. [Ord. 2770 §2 (part), 2025] Office of the City Clerk I City of T ulkwliVa Page 10 of 356 18.06.073 Block "Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely surrounded by highways or streets or in part by a well-defined or fixed boundary. [Ord. 2741 §4 (part), 2024] 18.06.074 Boarding House "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, extended -stay hotels or motels, shelters, and facilities which provide short- or long-term care for tenants suffering from physical, mental or other disabilities. [Ord. 2741 §4 (part), 2024] 18.06.075 Buffer "Buffer" means an area separating two different types of uses or environments for the purpose of reducing incompatibilities between them, or reducing the potential adverse impacts of one use or environment upon the other. [Ord. 2741 §4 (part), 2024] 18.06.080 Building "Building" means a structure as defined in this definitions chapter. When a total structure is separated by division walls without openings, each portion so separate shall be considered a separate building. [Ord. 2741 §4 (part), 2024] 18.06.085 Building, Accessory "Accessory building" means a subordinate building, the use of which is incident to the use of the main building on the same lot. [Ord. 2741 §4 (part), 2024] 18.06.090 Building Area "Building area" means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof. [Ord. 2741 §4 (part), 2024] 18.06.095 Building, Detached "Detached building" means a building surrounded on all sides by open space. [Ord. 2741 §4 (part), 2024] 18.06.097 Building Footprint Office of the City Clerk I City of T ulkwliVa Page 11 of 356 "Building footprint" means the square footage contained within the foundation perimeter of all structures located on a lot, plus overhangs projecting in excess of 18 inches, but excluding decks less than 18 inches above grade. [Ord. 2741 §4 (part), 2024] 18.06.100 Building Height "Building height" means the height of a building as calculated by the method in the Washington State Building Code. [Ord. 2741 §4 (part), 2024] 18.06.105 Building Line "Building line" means the line of face or corner of part of a building nearest the property line. [Ord. 2741 §4 (part), 2024] 18.06.110 Building, Nonconforming "Nonconforming building" means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the district in which it is located. [Ord. 2741 §4 (part), 2024] 18.06.115 Building Permit "Building permit" means a permit for construction in accordance with specific approved plans that are on file with the Department. [Ord. 2741 §4 (part), 2024] 18.06.118 Bulk Retail "Bulk retail" is a business or store that specializes in the sale of large goods, requiring large on -site storage. Bulk retail is further distinguished by a lower trip generation rate than other retail stores, as evidenced by a traffic study or other appropriate analysis. Examples include furniture stores, appliance stores and other uses as approved by the Director. [Ord. 2741 §4 (part), 2024] 18.06.119 Bulkhead "Bulkhead" means vertical structures erected parallel to and near the ordinary high water mark for the purpose of protecting adjacent uplands from erosion from the action of waves or currents. [Ord. 2741 §4 (part), 2024] 18.06.120 Bus Station "Bus station" means a facility providing connections between buses serving different inter -city routes. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 12 of 356 18.06.125 Caliper "Caliper" means the AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up to and including four -inch caliper size trees, and 12 inches above ground for larger size trees. [Ord. 2741 §4 (part), 2024] 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. [Ord. 2741 §4 (part), 2024] 18.06.135 Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. [Ord. 2741 §4 (part), 2024] 18.06.137 Cargo Container "Cargo container" means a standardized, reusable vessel that was: 1. Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or, 2. Designed for or capable of being mounted or moved on a rail car; and/or 3. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. 18.06.140 Certified Arborist See "Qualified Tree Professional"1. [Ord. 2741 §4 (part), 2024] [Ord. 2741 §4 (part), 2024] 18.06.142 Charging Levels "Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms "Level 1, 2, and 3" are the most common EV charging levels and include the following specifications: 1. Level 1 is considered slow charging. 2. Level 2 is considered medium charging. 3. Level 3 is considered fast or rapid charging. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 13 of 356 18.06.143 Channel Migration Zone "Channel migration zone" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. [Ord. 2741 §4 (part), 2024] 18.06.145 Clearing "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. [Ord. 2741 §4 (part), 2024] 18.06.150 Clinic, Outpatient Medical "Clinic, Outpatient Medical" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and/or practitioners and does not include overnight care facilities. This category does not include diversion facility or diversion interim services facility. [Ord. 2741 §4 (part), 2024] 18.06.152 Closed Record Appeal "Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made after an open record hearing. Testimony and submission of relevant evidence and information shall not be permitted at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based on the testimony, evidence and documents submitted at the open record hearing conducted on the project permit application. [Ord. 2741 §4 (part), 2024] 18.06.155 Club "Club" means an incorporated or unincorporated association of persons organized for a social, education, literary or charitable purpose. [Ord. 2741 §4 (part), 2024] 18.06.160 Commercial Laundries "Commercial laundries" means an establishment where textiles are washed for commercial, industrial, and institutional entities not located on the same site. [Ord. 2741 §4 (part), 2024] 18.06.165 Comprehensive Plan "Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan. Office of the City Clerk I City of T ulkwliVa Page 14 of 356 [Ord. 2741 §4 (part), 2024] 18.06.170 Continuing Care Retirement Community "Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. [Ord. 2741 §4 (part), 2024] 18.06.172 Contractor Storage Yards "Contractor storage yards" means storage yards operated by, or on behalf of, a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities. [Ord. 2741 §4 (part), 2024] 18.06.173 Convalescent/Nursing Home "Convalescent/nursing home" means a residential facility, such as a hospice, offering 24-hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in -patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent/nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. [Ord. 2741 §4 (part), 2024] 18.06.175 Cooperative Parking Facility "Cooperative parking facility" means an off-street parking facility shared by two or more buildings or uses. [Ord. 2741 §4 (part), 2024] 18.06.177 Correctional Institution "Correctional institution" means public and private facilities providing for: 1. the confinement of adult offenders; or 2. the incarceration, confinement or detention of individuals arrested for or convicted of crimes whose freedom is partially or completely restricted other than a jail owned and operated by the City of Tukwila; or 3. the confinement of persons undergoing treatment for drug or alcohol addictions whose freedom is partially or completely restricted; or 4. transitional housing, such as halfway houses, for offenders who are required to live in such facilities as a condition of sentence or release from a correctional facility, except secure community transitional facilities as defined under RCW 71.09.020. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 15 of 356 18.06.178 Cottage Housing "Cottage housing" means residential units on a lot with common open space that either: (a) is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. [Ord. 2765 §8 (part), 2025] 18.06.179 Courtyard Apartments "Courtyard apartments" means attached dwelling units arranged on two or three sides of a yard. [Ord. 2765 §8 (part), 2025] 18.06.180 Coverage "Coverage" means the percentage of the area of a lot which is built upon or used for business or commercial purposes. [Ord. 2741 §4 (part), 2024] 18.06.181 Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. [Ord. 2741 §4 (part), 2024] 18.06.182 Critical Areas "Critical areas" means wetlands, watercourses, areas of potential geologic instability (other than Class I areas), abandoned coal mine areas, fish and wildlife habitat conservation areas, and special hazard flood areas. [Ord. 2741 §4 (part), 2024] (001) Critical Area Buffer "Critical area buffer" means an area lying adjacent to but outside a critical area as defined by this Title, whose function is to protect critical areas from the potential adverse impacts of development, land use, or other activities. A wetland or watercourse critical area buffer also provides critical habitat value, bank stabilization, or water overflow area functions. [Ord. 2741 §4 (part), 2024] (007) Critical Areas Ordinance "Critical Areas Ordinance" means the Environmentally Critical Areas chapter of this title or as amended hereafter which establishes standards for land development on lots with critical areas (e.g. steep slopes, wetlands, watercourses, etc.). [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 16 of 356 (010) Critical Area Regulated Activities "Critical area regulated activities" means any of the following activities that are directly undertaken or originate in a regulated wetland or watercourse or their buffers: 1. Removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic matter or material of any kind; 2. Dumping, discharging or filling with any material; 3. Draining, flooding or disturbing the water level or water table; 4. Driving of pilings; 5. Placing of obstructions; 6. Construction, reconstruction, demolition or expansion of any structure; 7. Destruction or alteration of wetlands, watercourses or their buffers through clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the character of a regulated wetland, watercourse or buffer, provided that these activities are not part of a forest practice governed under RCW 76.09 and its rules; or 8. Activities that result in a significant change to the water sources of wetlands or watercourses. These alterations include a significant change in water temperature; physical or chemical characteristics, including quantity; and the introduction of pollutants. [Ord. 2741 §4 (part), 2024] (013) Critical Area Tract or Easement "Critical area tract or easement" means a tract or portion of a parcel that is created to protect the critical area and its buffer, whose maintenance is assured, and which is recorded on all documents of title of record for all affected lots and subsequent owners. [Ord. 2741 §4 (part), 2024] 18.06.183 Cul-de-Sac "Cul-de-sac" means a street having one end open to traffic and being terminated at the other end by a circular vehicular turn -around. [Ord. 2741 §4 (part), 2024] 18.06.185 Curb -Cut "Curb -cut" means a depression in the roadside curb for driveway purposes which provides access to a parking space on private premises from a public street. [Ord. 2741 §4 (part), 2024] 18.06.190 Dangerous Waste "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 17 of 356 18.06.195 Day Care Center "Day care center" means a state licensed agency which regularly provides care for a group of children during part of the 24-hour day. [Ord. 2741 §4 (part), 2024] 18.06.196 Daylighting "Daylighting" means removing piped sections of a watercourse to create open channels for watercourse conveyance. [Ord. 2741 §4 (part), 2024] 18.06.198 Dedication "Dedication" means a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. [Ord. 2741 §4 (part), 2024] 18.06.199 Defective Tree "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. [Ord. 2741 §4 (part), 2024] 18.06.200 Density Transfer "Density transfer" means a percentage number which represents a credit for housing units which are not allowed to be built in wetlands, watercourses or their buffers. The density transfer is used in a formula for determining the number of residential units allowed on the buildable portion of a lot containing wetlands, watercourses and their buffers. [Ord. 2741 §4 (part), 2024] 18.06.202 Department "Department" means the Department of Community Development, unless otherwise stated [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 18 of 356 18.06.203 Design Criteria "Design criteria" explains mandatory design requirements for development proposals subject to design review. They are the decision criteria by which the Director decides whether to approve, condition or deny a project. [Ord. 2741 §4 (part), 2024] 18.06.204 Design Guidelines "Design guidelines" consist of advisory or recommended descriptions and illustrations that augment each design criteria, and provide guidance to the project applicant developing the project, to City staff in reviewing a project proposal, and to the Director in determining whether the project meets the design criteria. [Ord. 2741 §4 (part), 2024] 18.06.205 Designated Facility Zone "Designated facility zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the State siting criteria designated in RCW 70.105. [Ord. 2741 §4 (part), 2024] 18.06.208 Detached Zero -Lot -Line Units "Detached zero -lot -line units" means a development pattern of detached dwelling units constructed immediately adjacent to one side lot line (i.e., no side yard setback), coupled with an easement on the adjacent lot in order to maintain separation between structures. The easement will provide access rights for maintenance purposes, and help preserve privacy and usable yard space. [Ord. 2741 §4 (part), 2024] 18.06.210 Development "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. [Ord. 2741 §4 (part), 2024] 18.06.215 Development Area "Development area" means the impervious surface area plus 75% of any area of pervious hard surface. [Ord. 2741 §4 (part), 2024] 18.06.216 Development Permit "Development permit" means a permit for development in accordance with specific approved plans that are on file with the Department. [Ord. 2741 §4 (part), 2024] 18.06.217 Development, Shoreline "Development, shoreline" means, when conducted within the Shoreline Jurisdiction on shorelands or shoreland areas as defined herein, a use consisting of the construction or exterior alteration of structures; Office of the City Clerk I City of T ulkwliVa Page 19 of 356 dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; construction of bulkheads; driving of piling; placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the waters overlying lands subject to the Shoreline Management Act at any stage of water level. "Development, Shoreline" does not include dismantling or removing structures if there is no other associated development or re -development. [Ord. 2741 §4 (part), 2024] 18.06.220 Diameter at Breast Height (DBH) "Diameter at Breast Height (DBH)" means the diameter of existing trees measured four and one-half feet above the ground. [Ord. 2741 §4 (part), 2024] 18.06.222 Dike "Dike" means an embankment or structure built in the river channel to contain or redirect flow within the channel and prevent shoreline destabilization. [Ord. 2741 §4 (part), 2024] 18.06.225 Director "Director" means the Director of the Department of Community Development, unless otherwise stated. [Ord. 2741 §4 (part), 2024] 18.06.230 District "District" means an area or district accurately defined as to boundaries and location on the official zoning map (Figure 18-10) and within which district only certain types of land uses are permitted. [Ord. 2741 §4 (part), 2024] 18.06.232 District, Overlay "District, overlay" means a set of zoning requirements that is described in the title text, mapped, and is imposed in addition to those of the underlying district [Ord. 2741 §4 (part), 2024] 18.06.234 Diversion Facility "Diversion facility" is a facility that provides community crisis services, which diverts people from jails, hospitals or other treatment options due to mental illness or chemical dependency, including those facilities that are considered "Triage facilities" under RCW 71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of Washington. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 20 of 356 18.06.235 Diversion Interim Services Facility "Diversion interim services facility" is a facility that provides interim or respite services, such as temporary shelter, medical mental health treatment, case management or other support options such as transportation arrangements for patients who are referred to such a facility from a diversion facility. [Ord. 2741 §4 (part), 2024] 18.06.237 Dormitory "Dormitory" means a residential building or use which provides housing for students attending an affili- ated school or housing for members of a religious order. Dormitories may include kitchens, cafeterias, meeting rooms, laundry rooms and other accessory facilities to serve the residents of the facility. [Ord. 2741 §4 (part), 2024] 18.06.238 Drive-Throughs "Drive-Throughs" means the uses of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to persons remaining in motorized vehicles that are in a lane dedicated by signs for that purpose. [Ord. 2770 §2 (part), 2025] 18.06.240 Driveway "Driveway" means a private road giving access from a public way to a building or abutting grounds. [Ord. 2741 §4 (part), 2024] 18.06.241 Durable Uniform Surface "Durable uniform surface" means a durable uniform surface approved for the storage of vehicles by the City and consists of: 1. Permeable pavement, such as grasscrete, porous pavers, permeable asphalt; or 2. Three inches of 3/8" to 1-1/4" crushed porous aggregate consisting of open -graded top course, base course, or similar material with 35-40% porosity. Mud or other fine materials should be prevented from working their way to the surface by the installation of a geotextile fabric, quarry spalls, or other approved materials below the porous aggregate; or 3. Concrete (4" minimum Portland cement concrete) over gravel section as described above and sloped to drain to prevent drainage impacts; or 4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described above and sloped to drain to prevent drainage impacts; or 5. Any other configuration of materials approved by the City that maintains a durable uniform surface and prevents drainage impacts. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 21 of 356 18.06.242 Dwelling, Co -Living "Dwelling, Co -living" means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. [Ord. 2770 §2 (part), 2025] 18.06.243 Dwelling, Manufactured Home or Mobile Home "Manufactured home dwelling" means a single-family dwelling required to be built in accordance with the regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 [Ord. 2741 §4 (part), 2024] 18.06.244 Dwelling, Middle Housing "Middle housing dwelling," means a building or buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. [Ord. 2765 §8 (part), 2025] 18.06.245 Dwelling, Mobile Home "Mobile home dwelling" means a factory -built dwelling constructed before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this state. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.246 Dwelling, Multi -Family "Multi -family dwelling" means a building designed to contain two or more dwelling units, and not meeting the definition of a middle housing dwelling. Duration of tenancy in multi -family dwellings is not less than one month. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.247 Dwelling, Single -Family "Single-family dwelling" means a building, modular home or new manufactured home, designed to contain no more than one dwelling unit plus two accessory dwelling units. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 22 of 356 18.06.248 Dwelling Unit "Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.249 Easily Adaptable "Easily Adaptable" means a space that is constructed to meet the minimum standards of the International Building Code (IBC), the International Fire Code (IFC), and those of all utilities for a Type-B occupancy, including a 4-inch or 6-inch plumbing waste line that runs the length of the easily adaptable space. [Ord. 2770 §2 (part), 2025] 18.06.250 Eating and Drinking Establishments "Eating and Drinking Establishments" means a business dedicated to the sale of food and/or beverages to the public, including restaurants, bars, tap rooms, brewpubs, coffee shops, and other similar uses, but not including nightclubs. [Ord. 2770 §2 (part), 2025] 18.06.251 EcologicallEcosystem Functions (or Shoreline Functions) "Ecological/ecosystem functions (or shoreline functions)" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c). [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.252 Ecosystem -Wide Processes "Ecosystem -wide processes" means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. [Ord. 2741 §4 (part), 2024] 18.06.255 Emergency Housing "Emergency housing" shall have the meaning listed in RCW 36.70A.030. [Ord. 2741 §4 (part), 2024] (001) Emergency Shelter "Emergency shelter" shall have the meaning listed in RCW 36.70A.030. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 23 of 356 (002) Permanent Supportive Housing "Permanent supportive housing" shall have the meaning listed in RCW 36.70A.030. [Ord. 2741 §4 (part), 2024] (003) Transitional Housing "Transitional housing" means a facility that provides housing, case management, and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living. [Ord. 2741 §4 (part), 2024] (004) Domestic Shelter "Domestic Shelter" means a one- or two -unit residential building providing housing on a short-term basis for victims of abuse and their dependents (children under the age of 18). [Ord. 2741 §4 (part), 2024] 18.06.258 Electric vehicle "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off -board source, that is stored on -board for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric vehicle. [Ord. 2741 §4 (part), 2024] 18.06.259 Electric Vehicle Charging Station "Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. [Ord. 2741 §4 (part), 2024] 18.06.260 Electric Vehicle Charging Station -Restricted "Electric vehicle charging station —restricted" means an electric vehicle charging station that is (1) privately owned and has restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). [Ord. 2741 §4 (part), 2024] 18.06.261 Electric Vehicle Charging Station -Public "Electric vehicle charging station —public" means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on -street parking) or (2) privately owned and publicly available (e.g., shopping center parking, non -reserved parking in multi -family parking lots). [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 24 of 356 18.06.262 Electric Vehicle Infrastructure "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. [Ord. 2741 §4 (part), 2024] 18.06.263 Electric Vehicle Parking Space "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. [Ord. 2741 §4 (part), 2024] 18.06.264 Engineer, Geotechnical "Geotechnical engineer" means a professional engineer who can document at least four years of employment as a professional engineer in the field of geotechnical engineering. [Ord. 2741 §4 (part), 2024] 18.06.266 Engineer, Professional "Professional engineer" means an engineer licensed in the State of Washington. [Ord. 2741 §4 (part), 2024] 18.06.268 Engineering, Geotechnical "Geotechnical engineering" means the application of civil engineering technology that combines the basic physical sciences, geology and pedology, with hydraulic, structural, transportation, construction, and mining engineering as each relates to the natural materials found at or near the earth's surface (soils and rock). Geotechnical engineering includes: 1. Soils mechanics: kinematics, dynamics, fluid mechanics, and mechanics of material applied to soils in order to build with or on soils. 2. Foundation engineering: applied geology, soil mechanics, rock mechanics, structural engineering to design, and construction of civil engineering and other structures. Evaluate foundation performance (static and dynamic loading), stability of natural and excavated slopes, stability of permanent and temporary earth - retaining structures, construction problems, control of water movement and soil pressures, maintenance and rehabilitation of old buildings. 3. Rock engineering: buildings, dams, deep excavations, tunnels. [Ord. 2741 §4 (part), 2024] 18.06.269 Environment Designation "Environment designation" means the term used to describe the character of the shoreline in Tukwila based upon the recommended classification system established by WAC 173-26-211 and as further refined by Tukwila's Shoreline Master Program (SMP). [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 25 of 356 18.06.270 Essential Public Facility "Essential public facility" means a facility which provides a basic public service, provided in one of the following manners: directly by a government agency, by a private entity substantially funded or contracted for by a government agency, or provided by a private entity subject to public service obligations (i.e., private utility companies which have a franchise or other legal obligation to provide service within a defined service area). This does not include facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings. [Ord. 2741 §4 (part), 2024] 18.06.280 Essential Use "Essential use" means that use for the preservation or promotion of which the use district was created and to which all other permitted uses are subordinate. [Ord. 2741 §4 (part), 2024] 18.06.283 Essential Utility "Essential utility" means a utility facility or utility system where no feasible alternative location exists based on an analysis of technology and system efficiency. [Ord. 2741 §4 (part), 2024] 18.06.285 Essential Street, Road, or Right -of -Way "Essential street, road, or right-of-way" means a street, road or right-of-way where no feasible alternative location exists based on an analysis of technology and system efficiency. [Ord. 2741 §4 (part), 2024] 18.06.287 Extended -Stay Hotel or Motel "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units, as defined in this section, for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in this code. Nothing in this definition prevents an extended - stay unit from being used as a hotel or motel unit. Extended -stay hotel or motels shall be required to meet the hotel/motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. [Ord. 2741 §4 (part), 2024] 18.06.290 Extremely Hazardous Waste "Extremely hazardous waste" means those solid wastes designated in WAC 173-303-070 through 173- 303-103 as extremely hazardous waste. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 26 of 356 18.06.295 Facade "Facade" means the exterior elevation of a structure or building as viewed from a single vantage point. [Ord. 2765 §8 (part), 2025] 18.06.300 Family Child Care Home "Family child care home" means a "family day-care provider" as defined in RCW 74.15.020: a state - licensed facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the home, within an age range of birth through 11 years, exclusively for periods less than 24 hours per day. An off-street parking space shall be made available for any non- resident employee. [Ord. 2741 §4 (part), 2024] 18.06.305 Feasible "Feasible" means, for the purpose of the Shoreline Master Program, that an action such as a development project, mitigation, or preservation requirement, meets all of the following conditions: 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. The action provides a reasonable likelihood of achieving its intended purpose; and 3. The action does not physically preclude achieving the project's primary intended legal use. In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. [Ord. 2741 §4 (part), 2024] 18.06.310 Fence "Fence" means a wall or barrier for the purpose of enclosing space, separating parcels of land or acting as a screen or protective barrier. [Ord. 2741 §4 (part), 2024] 18.06.315 Filling "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material). [Ord. 2741 §4 (part), 2024] 18.06.318 Final Plat "Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the King County Department of Executive Services, and containing all elements and requirements set forth in the subdivision code. Office of the City Clerk I City of T ulkwliVa Page 27 of 356 [Ord. 2741 §4 (part), 2024] 18.06.320 Fire Lane "Fire lane" means an aisle, lane or roadway on an improved site which is designed, constructed and required for emergency access of fire and aid unit vehicles. [Ord. 2741 §4 (part), 2024] 18.06.325 Floor Area "Floor area" means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior walls and from the centerline of divisions walls. Floor area includes basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of 7 feet 6 inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches, and malls. Floor area shall not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than 7 feet 6 inches, exterior steps or stairs, terraces, breezeways and open spaces. [Ord. 2741 §4 (part), 2024] 18.06.330 Flood Plain "Flood plain" means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year (synonymous with 100-year flood plain). The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method that meets the objectives of the Shoreline Management Act. [Ord. 2741 §4 (part), 2024] 18.06.335 Flood Hazard Reduction "Flood hazard reduction" means actions taken to reduce flood damage or hazards. Flood hazard reduction measures may consist of nonstructural or indirect measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, bioengineering measures, and storm water management programs; and of structural measures such as dikes and levees intended to contain flow within the channel, channel realignment, and elevation of structures consistent with the National Flood Insurance Program. [Ord. 2741 §4 (part), 2024] 18.06.338 Floodway "Floodway" means the area that has been established in effective federal emergency management agency flood insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 28 of 356 18.06.340 Fraternal Organization "Fraternal organization" means a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements. [Ord. 2741 §4 (part), 2024] 18.06.345 Garage, Private "Private garage" means sheltered or enclosed space designed and used for the storage of motor vehicles or boats of the residents of the premises. [Ord. 2741 §4 (part), 2024] 18.06.353 General Retail "General retail" is a business or a store which engages in the sale of goods and/or services to the general public. Examples include stores that sell clothing, groceries, or other consumer goods, and personal services such as barbers, salons, and spas. [Ord. 2770 §2 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.355 Geologist "Geologist" means a person licensed to practice as a geologist in the State of Washington who has earned a degree in geology, engineering geology, hydrogeology or one of the related geological sciences from an accredited college or university, or a person who has equivalent educational training and has experience as a practicing geologist. [Ord. 2741 §4 (part), 2024] 18.06.365 Grade "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line, if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way. [Ord. 2741 §4 (part), 2024] 18.06.370 Grading "Grading" means activity that results in change of the cover or topography of the earth, or any activity that may cause erosion, including clearing, excavation, filling and stockpiling. [Ord. 2741 §4 (part), 2024] 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 29 of 356 18.06.385 Hazardous Substance "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by WAC 173-303. [Ord. 2741 §4 (part), 2024] 18.06.390 Hazardous Substance Processing or Handling "Hazardous substance processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. [Ord. 2741 §4 (part), 2024] 18.06.395 Hazardous Tree See "Defective Tree." [Ord. 2741 §4 (part), 2024] 18.06.400 Hazardous Waste "Hazardous waste" means and includes all waste as defined in this definitions chapter and all extremely hazardous waste as defined in this definitions chapter. [Ord. 2741 §4 (part), 2024] 18.06.405 Hazardous Waste Storage "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of WAC 173-303. [Ord. 2741 §4 (part), 2024] 18.06.410 Hazardous Waste Treatment "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes non -dangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. [Ord. 2741 §4 (part), 2024] 18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site "Off -site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off -site facility is located. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 30 of 356 18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site "On -site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes generated on the same site. [Ord. 2741 §4 (part), 2024] 18.06.430 Home Occupation "Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a resident of the dwelling place. [Ord. 2741 §4 (part), 2024] 18.06.435 Hospital "Hospital" means a building requiring a license pursuant to RCW 70.41 and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, diversion facility/diversion interim services facility and outpatient medical clinics are not included. [Ord. 2741 §4 (part), 2024] 18.06.440 Hotel "Hotel" means a building, or buildings or portion thereof, the units of which are used, rented or hired out as sleeping accommodations only for the purpose of transitory housing. Hotel rooms shall have their own private toilet facilities, and may or may not have their own kitchen facilities. Hotels shall not include dwelling units, as defined in this section, for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding thirty (30) calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. [Ord. 2741 §4 (part), 2024] 18.06.445 Impervious Surface "Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. [Ord. 2741 §4 (part), 2024] 18.06.450 Infrastructure "Infrastructure" means the basic installations and facilities on which the continuance and growth of a community depend, such as roads, public buildings, schools, parks, transportation, water, sewer, surface water and communication systems. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 31 of 356 18.06.451 Industrial Use, Light A. "Industrial Use, Light" means manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution. An applicant or property owner may be required to demonstrate that a proposed use meets this definition, and performance may be monitored. Examples of uses that always meet this definition include, but are not limited to: 1. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs. 2. Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 3. Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 4. Manufacturing, processing, and/or packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) [Ord. 2770 §2 (part), 2025] 18.06.452 Industrial Use, Heavy A. "Industrial Use, Heavy" means manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts. An applicant or property owner may be required to demonstrate that a proposed use meets this definition, and performance may be monitored. Examples of uses that always meet this definition include, but are not limited to: 1. Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and 2. Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses; and 3. Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; and 4. Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; and 5. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering. Office of the City Clerk I City of T ulkwliVa Page 32 of 356 [Ord. 2770 §2 (part), 2025] 18.06.453 Integrated Site "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership, but functions as a single center. Characteristics of an integrated site includes commonly shared access, parking, utilities, signage and landscaping; the site is not bisected by a public or private street; and zoning and sign regulations are applied to the entire site, as if there were no interior property lines. [Ord. 2741 §4 (part), 2024] 18.06.454 Internet DatalTelecommunication Center "Internet data/telecommunication center" means a secure, climate -controlled facility with emergency backup power that contains internet data transmission and switching equipment and/or telecommunication transmission and switching equipment. This equipment may include computer network routers, switches and servers for one or more companies. [Ord. 2741 §4 (part), 2024] 18.06.456 Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way. [Ord. 2741 §4 (part), 2024] 18.06.460 Junk Yard "Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging and sale of parts of machinery or vehicles not in running condition. [Ord. 2741 §4 (part), 2024] 18.06.465 Kennel "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. [Ord. 2741 §4 (part), 2024] 18.06.470 Laboratory, Medical and Dental "Medical or dental laboratory" means premises devoted to sample testing or product development in any branch of medicine or dentistry, including the application of scientific principles in testing, analysis, or preparation of drugs, chemicals or other products or substances but specifically excluding the commercial manufacturing or storage and distribution operations in excess of 20,000 square feet of floor area. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 33 of 356 18.06.472 Large Woody Debris (LWD) "Large Woody Debris (LWD)" means whole trees with root wads and limbs attached, cut logs at least 4 inches in diameter along most of their length, root wads at least 6.5 feet long and 8 inches in diameter. Large woody debris is installed to address a deficiency of habitat and natural channel forming processes. [Ord. 2741 §4 (part), 2024] 18.06.473 Land Surveyor "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. [Ord. 2741 §4 (part), 2024] 18.06.475 Land -Altering Activity "Land -altering activity" means any activity that results in change of the natural cover or topography, as defined in TMC 16.54, Land Altering. [Ord. 2741 §4 (part), 2024] 18.06.480 Land -Altering Permit "Land -altering permit" means a permit for land -altering activity issued by the City of Tukwila pursuant to TMC 16.54, Land Altering. [Ord. 2741 §4 (part), 2024] 18.06.486 Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has graduated from an accredited landscape design program. [Ord. 2741 §4 (part), 2024] 18.06.490 Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC 14.30. [Ord. 2741 §4 (part), 2024] (001) Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. [Ord. 2741 §4 (part), 2024] 18.06.492 Lease "Lease" means a contract or agreement whereby one party grants to another party general or limited rights, title or interest in real property. This definition is intended to apply to those agreements which are Office of the City Clerk I City of T ulkwliVa Page 34 of 356 ordinarily considered "ground leases", and shall not apply to those which are ordinarily considered "space leases." [Ord. 2741 §4 (part), 2024] 18.06.493 Levee "Levee" means a broad embankment of earth built parallel with the river channel to contain flow within the channel and prevent flooding from a designated design storm. [Ord. 2741 §4 (part), 2024] 18.06.495 Loading Space "Loading space" means a space which is on the same site with the principal use served and which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers. [Ord. 2741 §4 (part), 2024] 18.06.500 Lot A. "Lot" means a physically separate and distinct parcel of property which: 1. was created by subdivision or binding site plan; or 2. was bought or sold as a separately -owned parcel of property prior to the requirement that lots be created by subdivision or binding site plan; or 3. was created by a transaction which was exempt from the requirement that lots be created by subdivision or binding site plan. B. "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel of property is defined as a "lot" does not necessarily mean that it may be developed as a separate building site. [Ord. 2741 §4 (part), 2024] 18.06.505 Lot Area "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right- of-way, street easement, fire access roads or private access roads except, where the private road serves four or fewer lots. [Ord. 2741 §4 (part), 2024] 18.06.510 Lot, Corner "Corner lot" means a lot abutting two or more streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines. [Ord. 2741 §4 (part), 2024] 18.06.520 Lot Depth "Lot depth" means the mean dimension of the lot from the front street line to the rear line. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 35 of 356 18.06.525 Lot Frontage "Lot frontage" means that front portion of a lot nearest the street, except on a corner lot in which case the front yard shall be considered the narrowest part of the lot that abuts a street. [Ord. 2741 §4 (part), 2024] 18.06.530 Lot Lines "Lot lines" means the property lines bounding the lot; except that in MDR and HDR zones, lot lines shall also include the curbline or edge or easement, whichever provides a greater width, of any adjacent `access roads'. [Ord. 2741 §4 (part), 2024] 18.06.535 Lot, Interior "Interior lot" means a lot other than a corner lot with only one frontage on a street. [Ord. 2741 §4 (part), 2024] 18.06.538 Lot, Parent "Parent lot" means the initial lot from which unit lots are subdivided for the exclusive use of townhouses, cottage housing, compact single-family, zero -lot -line units, or any combination of the above types of residential development. [Ord. 2741 §4 (part), 2024] 18.06.540 Lot, Through "Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines. [Ord. 2741 §4 (part), 2024] 18.06.543 Lot, Unit "Unit lot" means one of the individual lots created from the subdivision of a parent lot for the exclusive use of townhouses, cottage housing, compact single-family, zero -lot -line units, or any combination of the above types of residential development. 18.06.545 Lot Width "Lot width" means the mean horizontal distance between lot side lines. [Ord. 2741 §4 (part), 2024] [Ord. 2741 §4 (part), 2024] 18.06.551 Marijuana "Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation Office of the City Clerk I City of T ulkwliVa Page 36 of 356 of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. [Ord. 2741 §4 (part), 2024] 18.06.552 Marijuana Processor "Marijuana processor" means a person licensed by the state Liquor and Cannabis Board to process marijuana, whether medical or recreational, into marijuana concentrates, useable marijuana and marijuana - infused products; package and label marijuana concentrates, useable marijuana and marijuana -infused products for sale in retail outlets; and sell marijuana concentrates, useable marijuana and marijuana -infused products at wholesale to marijuana retailers. [Ord. 2741 §4 (part), 2024] 18.06.553 Marijuana Producer "Marijuana producer" means a person licensed by the state Liquor and Cannabis Board to produce and sell marijuana, whether medical or recreational, at wholesale to marijuana processors and other marijuana producers. [Ord. 2741 §4 (part), 2024] 18.06.554 Marijuana Retailer "Marijuana retailer" means a person licensed by the state Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet, for either recreational or medical use. [Ord. 2741 §4 (part), 2024] 18.06.555 Major Adjustment "Major adjustment" means an adjustment determined by the Director as a major change in a final development plan which changes the basic design, density, open space or other substantive requirements or provisions. [Ord. 2741 §4 (part), 2024] 18.06.556 Major Transit Stop "Major transit stop" means a stop on a high capacity transportation system funded or expanded under the provisions of RCW 81.104; commuter rail stops; stops on rail or fixed guideway systems; or stops on bus rapid transit routes, including those stops that are under construction. [Ord. 2765 §8 (part), 2025] 18.06.557 Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts; are intended for human use, whether medical or recreational; and have a THC concentration within the limits set forth in RCW 69.50.101. The term "marijuana -infused products" does not include either useable marijuana or marijuana concentrates. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 37 of 356 18.06.558 Marijuana Concentrates "Marijuana concentrates" is as defined under RCW 69.50.101. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.560 Mall "Mall" means an enclosed public area, typically a concourse, designed as a pedestrian walkway along rows of shops and often set with landscaping and/or seating. [Ord. 2741 §4 (part), 2024] 18.06.565 Manufactured/Mobile Home Park "Manufactured/mobile home park" means a master planned development consisting of a grouping of manufactured or mobile home dwellings, and may include park management offices and accessory community facilities for the exclusive use of park residents, such as recreation, laundry or storage facilities. [Ord. 2741 §4 (part), 2024] 18.06.567 Manufacturing "Manufacturing" is a building or group of buildings which specializes in the manufacturing of products or in the research and testing of products. Examples include factories, testing laboratories, creameries, bottling establishments, bakeries, canneries, printing and engraving shops. [Ord. 2741 §4 (part), 2024] 18.06.568 Mass Transit Facilities "Mass transit facilities" shall include structures and infrastructure for public or private transportation systems having established routes and schedules such as transit centers, commuter and light rail facilities, both rail lines and stations, monorails, people movers and other similar mass transit facilities but not including incidental improvements such as bus stops. [Ord. 2741 §4 (part), 2024] 18.06.570 Mean High Water Mark "Mean high water mark" means the elevation of the surface of Green River and Duwamish River waters when the discharge rate at the U. S. Geological Survey Stream Gauging Station, Green River near Auburn (121130), is 9,000 cfs and as determined by maps on file with the City Clerk. [Ord. 2741 §4 (part), 2024] 18.06.571 Mean Higher High Water (MHHW) "Mean Higher High Water (MHHW)" means the average of the higher high water height of each tidal day, and used in determining the ordinary high water mark for the tidally influenced portions of the river. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 38 of 356 18.06.575 Mining and Quarrying "Mining and quarrying" means removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, greater than 50,000 cubic yards cumulative. [Ord. 2741 §4 (part), 2024] 18.06.580 Minor Adjustment "Minor adjustment" means any change which is not determined by the Director to be a major change. [Ord. 2741 §4 (part), 2024] 18.06.581 Mitigation "Mitigation" means replacing project induced critical area and buffer losses or impacts, and includes but is not limited to the following: 1. Restoration: Actions performed to reestablish critical area and its buffer functional characteristics and processes that have been lost by alterations, activities or catastrophic events within an area that no longer meets the definition of a critical area; 2. Creation: Actions performed to intentionally establish a critical area and its buffer at a site where it did not formerly exist; 3. Enhancement: Actions performed to improve the condition of an existing degraded critical area or its buffer so that the functions it provides are of higher quality. [Ord. 2741 §4 (part), 2024] 18.06.583 Modular Home "Modular home" means a factory -built residential structure, transportable in one or more sections, which meets the requirements of the Uniform Building Code. [Ord. 2741 §4 (part), 2024] 18.06.584 Motel "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units, as defined in this section, for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. [Ord. 2741 §4 (part), 2024] 18.06.585 Native Vegetation "Native vegetation" means plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and that reasonably could be expected to have occurred naturally on the site. Office of the City Clerk I City of T ulkwliVa Page 39 of 356 [Ord. 2741 §4 (part), 2024] 18.06.586 New Manufactured Home "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). [Ord. 2741 §4 (part), 2024] 18.06.587 Nightclub "Nightclub" means a commercial establishment that habitually operates after the hour of midnight, dispenses alcoholic beverages for consumption on the premises, and in which one or more forms of amusement are provided or permitted, such as dancing. [Ord. 2770 §2 (part), 2025] 18.06.588 No Net Loss "No net loss" means a standard intended to ensure that shoreline development or uses, whether permitted or exempt, are located and designed to avoid loss or degradation of shoreline ecological functions that are necessary to sustain shoreline natural resources. [Ord. 2741 §4 (part), 2024] 18.06.589 Nonconforming (001) Structure "Nonconforming Structure" means a structure legally established prior to the effective date of this zoning code, but which does not conform to present regulations. [Ord. 2765 §8 (part), 2025] (002) Structure, Shoreline "Nonconforming Structure, Shoreline" means a structure legally established prior to the effective date of the Shoreline Master Program, but which does not conform to present regulations. [Ord. 2765 §8 (part), 2025] (003) Use "Nonconforming use" means the use of land which does not conform to the use regulations of the district in which the use exists. [Ord. 2765 §8 (part), 2025] (004) Use, Shoreline "Nonconforming use, shoreline" means a use or development that was lawfully constructed or established prior to the effective date of the Shoreline Management Act or the Shoreline Master Program or amendments thereto, but which does not conform to present regulations or standards of the program. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 40 of 356 18.06.591 Non -Water -Oriented Uses "Non -water -oriented uses" means those uses that are not water -dependent, water -related, or water - enjoyment. [Ord. 2741 §4 (part), 2024] 18.06.592 Office "Office" is a building or a group of buildings dedicated to non -manufacturing types of work that are for the use of employees but may or may not be for use by the general public. Examples include services such as accounting, advertising, architectural/engineering, consulting, information processing, legal, medical and/or dental. [Ord. 2741 §4 (part), 2024] 18.06.593 Open Record Appeal "Open record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made without an open record hearing. Testimony and submission of relevant evidence and information shall be permitted at the hearing on such an appeal. [Ord. 2741 §4 (part), 2024] 18.06.594 Open Record Hearing "Open record hearing" means a quasi-judicial hearing conducted by a hearing body which creates the official record regarding a permit application. Oral testimony and submission of relevant evidence and documents shall be permitted at such a hearing. [Ord. 2741 §4 (part), 2024] 18.06.595 Open Space "Open space" means that area of a site which is free and clear of building and structures and is open and unobstructed from the ground to the sky. [Ord. 2741 §4 (part), 2024] 18.06.600 Open Space Tract "Open space tract" means a tract that is established to preserve open space, and which is recorded on all documents of title of record for all affected lots and subsequent owners. [Ord. 2741 §4 (part), 2024] 18.06.605 Ordinary High Water Mark "Ordinary High Water Mark" means the mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters (all lakes, streams, and tidal water) are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government Office of the City Clerk I City of T ulkwliVa Page 41 of 356 or the Department of Ecology. In any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. [Ord. 2741 §4 (part), 2024] 18.06.607 Overwater Structure "Overwater structure" means any device or structure projecting over the ordinary high water mark, including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or buoys. [Ord. 2741 §4 (part), 2024] 18.06.610 Parcel "Parcel" means a tract or plat of land of any size which may or may not be subdivided or improved. [Ord. 2741 §4 (part), 2024] 18.06.611 Park and Ride "Park and Ride" means a facility for temporarily parking automobiles, the occupants of which transfer to public transit to continue their trips. [Ord. 2741 §4 (part), 2024] 18.06.613 Parking, Commercial "Commercial parking" is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily or weekly fees are charged. [Ord. 2741 §4 (part), 2024] 18.06.615 Parking Space "Parking space" means an off-street parking space which is maintained and used for the sole purpose of accommodating a temporarily parked motor vehicle and which has access to a street or alley. [Ord. 2741 §4 (part), 2024] 18.06.617 Pawnbroker "Pawnbroker" is an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. [Ord. 2741 §4 (part), 2024] 18.06.618 Performance Bond or Guarantee "Performance bond or guarantee" means that security to ensure installation of certain required improvements which may be accepted to defer those improvements when such a deferment is warranted and acceptable to the City. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 42 of 356 18.06.620 Performance Standards "Performance standards" means specific criteria for fulfilling environmental goals, and for beginning remedial action, mitigation or contingency measures, which may include water quality standards or other hydrological, geological or ecological criteria. [Ord. 2741 §4 (part), 2024] 18.06.625 Person "Person" means any legal entity recognized by the State of Washington for the purpose of assigning legal responsibility, to include - but not limited to - individuals, partnerships, corporations, associations, commissions, boards, utilities, institutions, and estates. [Ord. 2741 §4 (part), 2024] 18.06.627 Pervious Hard Surface "Pervious hard surface" means permeable pavement or a green roof. [Ord. 2741 §4 (part), 2024] 18.06.630 Plan "Plan" means a sketch, survey or other drawing, photograph or similar document which may be a part of the set of permit drawings or construction documents, sufficient for the Director to make a final permit decision. [Ord. 2741 §4 (part), 2024] 18.06.632 Planned Residential Development (PRD) "Planned residential development (PRD)" means a form of residential development characterized by a unified site design for a number of dwelling units, clustered buildings, common open space, and a mix of building types. The PRD is an overlay district which is superimposed over the underlying district as an exception to such district regulations, as processed through procedures specified in the Planned Residential Development District chapter of this title. (See TMC 18.46, Planned Residential Development) [Ord. 2741 §4 (part), 2024] 18.06.633 Planning Commission "Planning Commission" means that body as defined at TMC 2.36. [Ord. 2741 §4 (part), 2024] 18.06.635 Plat "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 43 of 356 18.06.636 Preliminary Plat "Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. [Ord. 2741 §4 (part), 2024] 18.06.637 Principal Building "Principal building" means the principal structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. [Ord. 2741 §4 (part), 2024] 18.06.638 Private Access Road "Private access road" means a minor, privately owned and maintained road which serves to provide access to lots as authorized pursuant to TMC 17.24.030 and 17.28.050. [Ord. 2741 §4 (part), 2024] 18.06.640 Property Owner "Property owner" means the owner of record for a site, or his or her authorized representative. [Ord. 2741 §4 (part), 2024] 18.06.645 Protected TreelProtected Vegetation "Protected tree/protected vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. [Ord. 2741 §4 (part), 2024] 18.06.650 Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Permit. [Ord. 2741 §4 (part), 2024] 18.06.651 Protective Fencing "Protective fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by a Tree Permit or approved landscaping plan. [Ord. 2741 §4 (part), 2024] 18.06.652 Pruning "Pruning" means the cutting or limbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Office of the City Clerk I City of T ulkwliVa Page 44 of 356 Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". [Ord. 2741 §4 (part), 2024] (001) Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. [Ord. 2741 §4 (part), 2024] 18.06.655 Public Access "Public access" means the ability of the general public to reach, touch or enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. Public access may be provided by an owner by easement, covenant, or similar legal agreement of substantial walkways, corridors, parks, or other areas serving as a means of view and/or physical approach to public waters. [Ord. 2741 §4 (part), 2024] 18.06.656 Public Entity "Public entity" mean any Federal, State, or local government body or agency. [Ord. 2741 §4 (part), 2024] 18.06.657 Public Meeting "Public meeting" means an informal meeting or workshop to provide public information regarding a project permit application and to obtain comments about the application from the public. The information gathered at such a meeting does not constitute part of the official record regarding a project permit application. [Ord. 2741 §4 (part), 2024] 18.06.658 Public Right -of -Way "Public right-of-way" means all public streets, alleys and property granted, reserved for, or dedicated to public use for streets and alleys, together with all public property granted, reserved for, or dedicated to public use, including but not limited to walkways, sidewalks, trails, shoulders, drainage facilities, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights, and easements related thereto. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 45 of 356 18.06.660 Rapid Charging Station "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by RCW 19.28 and is consistent with rules adopted under RCW 19.27.540. [Ord. 2741 §4 (part), 2024] 18.06.662 Reach "Reach" means a segment of a watercourse with uniform characteristics. [Ord. 2741 §4 (part), 2024] 18.06.665 Recreation Space "Recreation space" means covered and uncovered space designed and intended for active and/or passive recreational activity including but not limited to tennis courts, swimming pools, cabanas, playgrounds, playfields, or wooded areas, and specifically excluding any parking area, driveway, or rockery. [Ord. 2741 §4 (part), 2024] 18.06.670 Recreation Space, Covered "Covered recreation space" means an area of ground covered or overlaid by an artificial or manmade surface, such as rooftops or pavement. [Ord. 2741 §4 (part), 2024] 18.06.675 Recreation Space, Uncovered "Uncovered recreation space" means an area of ground characterized by a natural surface, such as lawn, forests, or sandboxes (for children's play). [Ord. 2741 §4 (part), 2024] 18.06.676 Regional Detention Facility "Regional detention facility" means a stormwater detention and/or retention facility that accepts flow from multiple parcels and/or public right-of-way. The facility may be public or private. [Ord. 2741 §4 (part), 2024] 18.06.677 Revetment "Revetment" means a sloping structure built to increase bank strength and protect an embankment or shore against erosion by waves or river currents. A revetment is usually built of rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock or filter cloth and "toe" protection are included. A revetment typically slopes and has a rough or jagged face. The slope differentiates it from a bulkhead, which is a vertical structure. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 46 of 356 18.06.680 Research and Development Facility "Research and development facility" means a use in which research and experiments leading to the development of new products or technology are conducted. This definition includes, but is not limited to, facilities engaged in all aspects of bio-medical research and development. This use may be associated with, or accessory to, institutional and commercial uses such as business or administrative offices and medical facilities. [Ord. 2741 §4 (part), 2024] 18.06.682 Religious Facility "Religious facility" means a facility operated for worship, prayer, meditation or similar activity by an organization granted tax exempt status by the Federal Internal Revenue Service. [Ord. 2741 §4 (part), 2024] 18.06.685 Residence "Residential Conversion" means the conversion of a building, or portion of a building, that is vacant, or occupied by a nonresidential use, to a residential use. [Ord. 2741 §4 (part), 2024] 18.06.686 Residential Conversion "Residential Conversion" means the conversion of a building, or portion of a building, that is vacant, or occupied by a nonresidential use, to a residential use. [Ord. 2765 §8 (part), 2025; Ord. 2758 §2, 2025] 18.06.687 Restaurant "Restaurant" is an establishment whose principal business is the sale of foods to be eaten on the premises, including either indoor or outdoor seating, which may also include an area reserved for the sale of alcoholic beverages. [Ord. 2741 §4 (part), 2024] 18.06.688 Restaurant, Fast Food "Restaurant, fast food" means an establishment whose principal business is the sale of foods, frozen desserts, or beverages served in or on disposable containers for consumption while seated within the building or in a vehicle or incidentally within a designated outdoor area, or for takeout with consumption off the premises. [Ord. 2741 §4 (part), 2024] 18.06.689 Right -of -Way "Right-of-way" means a right belonging to a party to pass over land of another. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 47 of 356 18.06.690 Riparian "Riparian" means the land along the margins of rivers and streams. [Ord. 2741 §4 (part), 2024] 18.06.691 River Channel "River Channel" means that area of the river lying riverward of the mean high water mark. [Ord. 2741 §4 (part), 2024] 18.06.696 Riverbank Analysis and Report "Riverbank analysis and report" means a scientific study or evaluation conducted by qualified experts and the resulting report to evaluate the ground and/or surface hydrology and geology, the geomorphology and hydraulic characteristics of the river, the affected land form and its susceptibility to mass wasting, erosion, scouring and other geologic hazards or fluvial processes. The report shall include conclusions and recommendations regarding the effect of the proposed development on geologic and/or hydraulic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site -specific and cumulative geological, hydrological and hydraulic impacts of the proposed development, including the potential adverse impacts to adjacent and down -current properties. Geotechnical/hydrological/hydraulic reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. [Ord. 2741 §4 (part), 2024] 18.06.697 Roadway "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. [Ord. 2741 §4 (part), 2024] 18.06.705 Screening "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. [Ord. 2741 §4 (part), 2024] 18.06.706 Secure Community Transitional Facility "Secure community transitional facility" means a secure community transitional facility as defined under RCW 71.09.020, which defines it as "a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community -based facilities established under this chapter and operated by the DSHS secretary or under contract with the secretary." [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 48 of 356 18.06.707 Self -Storage Facility "Self -Storage facility" means a building designed and used for the purpose of renting or leasing individual indoor storage space to customers who are to have access to the space for the purpose of storing or removing personal property on a self-service basis. [Ord. 2741 §4 (part), 2024] 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling units, restricted to occupancy by at least one senior citizen, as defined herein, per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units may not exceed 20% of the total units. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51 [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.735 Vehicle Service Station "Vehicle service station" means any area of land, including structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories which may or may not include washing, lubricating, tune-ups, enclosed engine repair, and other minor servicing incidental to this use, but no painting or major repair operations. [Ord. 2741 §4 (part), 2024] 18.06.740 Setbacks "Setbacks" means the distances that buildings or uses must be removed from their lot lines except that roof eaves may intrude a maximum of 24 inches into this area. A maximum 24-inch overhang may also be allowed for portions of a building (such as a bay window) if approved as part of design review approval where the overhang provides modulation of the fagade. [Ord. 2741 §4 (part), 2024] 18.06.745 Shelter Station "Shelter station" means a shelter for protection from the elements for the waiting customers of a public transportation system. [Ord. 2741 §4 (part), 2024] 18.06.750 Shopping Center, Planned "Planned shopping center" means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on -site parking in definite relationship to the types and total size of the stores. Office of the City Clerk I City of T ulkwliVa Page 49 of 356 [Ord. 2741 §4 (part), 2024] 18.06.756 Shorelands or Shoreland Areas "Shorelands or shoreland areas" means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous flood plain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters that are subject to the provisions of the Shoreline Management Act. [Ord. 2741 §4 (part), 2024] 18.06.757 Shorelines or Shoreline Areas "Shorelines" or "Shoreline areas" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. [Ord. 2741 §4 (part), 2024] 18.06.758 Shoreline Jurisdiction "Shoreline jurisdiction" means the channel of the Green/Duwamish River, its banks, the upland area which extends from the ordinary high water mark landward for 200 horizontal feet on each side of the river, floodways and all associated wetlands within its 100-year flood plain. For the purpose of determining shoreline jurisdiction only, the floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity. [Ord. 2741 §4 (part), 2024] 18.06.759 Shoreline Modifications "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, through the construction or alteration of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. "Shoreline modifications" may also include other actions, such as clearing, grading, or application of chemicals. [Ord. 2741 §4 (part), 2024] 18.06.760 Shoreline Restoration or Ecological Restoration "Shoreline restoration or ecological restoration" means the re-establishment or upgrading of impaired ecological shoreline processes, functions or habitats, including any project that is approved by the Federal, State, King County, or City government or the WRIA 9 Steering Committee, is intended to provide habitat restoration and where the future use of the site is restricted through a deed restriction to prohibit non -habitat uses. This may be accomplished through measures including, but not limited to, re -vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre -European settlement conditions. [Ord. 2741 §4 (part), 2024] 18.06.761 Shoreline Stabilization "Shoreline stabilization" means actions taken to protect riverbanks or adjacent uplands from erosion resulting from the action of waves or river currents. "Hard" structural stabilization includes levees, bulkheads Office of the City Clerk I City of T ulkwliVa Page 50 of 356 and revetments. "Soft" shoreline stabilization includes use of bioengineering measures where vegetation, logs, and/or certain types of rock is used to address erosion control and/or slope stability. [Ord. 2741 §4 (part), 2024] 18.06.769 Short Subdivision Committee The Short Subdivision Committee (SSC) shall consist of the Director of the Department of Community Development who shall be the chair, the Public Works Director, and the Fire Chief, or their designated representatives. [Ord. 2741 §4 (part), 2024] 18.06.770 Sign "Sign" means any medium, including paint on walls, merchandise, or visual communication device, its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or identification purposes. Bulletin boards and readerboards are considered to be signs. [Ord. 2741 §4 (part), 2024] 18.06.775 Significant Tree "Significant Tree" means a single-trunked tree that is six inches or more in diameter (DBH), or a multi- trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). [Ord. 2741 §4 (part), 2024] 18.06.777 Significant Vegetation Removal "Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. [Ord. 2741 §4 (part), 2024] 18.06.780 Site "Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are proposed as the location for a development, as defined in TMC 18.06.210, or for some other activity which requires a permit or approval pursuant to TMC Titles 16, 17 or 18. [Ord. 2741 §4 (part), 2024] 18.06.781 Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 51 of 356 18.06.785 Stacked Flat "Stacked flat" means a dwelling unit(s) in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned. 18.06.790 Story "Story" means story as defined in the Washington State Building Code. [Ord. 2765 §8 (part), 2025] [Ord. 2741 §4 (part), 2024] 18.06.795 Street "Street" means a public thoroughfare which affords the principal means of access to abutting properties. Limited access State routes such as 1-5, 1-405, or SR 518; subdivision tracts dedicated for access; private easements for access; and streets that provide no access to abutting properties shall be considered streets for the purposes of determining the type of lots such as corner or through lots and their setbacks and landscape requirements. [Ord. 2741 §4 (part), 2024] 18.06.800 Structure "Structure" means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground, but excluding all forms of vehicles even though immobilized. Not included are residential fences up to six feet in height, retaining walls or rockeries with up to four feet of exposed face, and similar improvements of minor character. [Ord. 2741 §4 (part), 2024] (001) Nonconforming Structure, Shoreline "Nonconforming Structure, Shoreline" means a structure legally established prior to the effective date of the Shoreline Master Program, but which does not conform to present regulations or standards of the program. [Ord. 2741 §4 (part), 2024] 18.06.805 Structural Alteration "Structural alteration" means any change in load or stress of the loaded or stressed members of a building or structure. [Ord. 2741 §4 (part), 2024] 18.06.810 Studios "Studios" means a building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for dance instruction. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 52 of 356 18.06.813 Subdivision "Subdivision" means the division or redivision of land into lots, unit lots, tracts, parcels, sites or divisions. [Ord. 2741 §4 (part), 2024] (001) Short Subdivision "Short subdivision" means the division of land into nine or less lots, unit lots, tracts, parcels, sites or divisions. [Ord. 2741 §4 (part), 2024] (002) Long Subdivision "Long subdivision" means the division or redivision of land into ten or more lots, unit lots, tracts, parcels, sites or divisions. [Ord. 2741 §4 (part), 2024] 18.06.815 Substantial Construction "Substantial construction" means completion of more than 50% of the cost of work described in specified and approved plans. [Ord. 2741 §4 (part), 2024] 18.06.817 Substantial Development "Substantial development" means any development of which the total cost or fair market value exceeds $7,047.00 or any development that materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this definition must be adjusted for inflation by the Office of Financial Management every five years, beginning July 1, 2007, based upon changes in the Consumer Price Index during that time period. "Consumer Price Index" means, for any calendar year, that year's annual average Consumer Price Index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. In accordance with WAC 173-27-040, as it now reads and as hereafter amended, the following shall not be considered developments which require a shoreline substantial development permit, although shall still comply with the substantive requirements of the Shoreline Master Program: 1. Normal maintenance or repair of existing structures or developments, including repair of damage caused by accident, fire, or elements. 2. Emergency construction necessary to protect property from damage by the elements. 3. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. Office of the City Clerk I City of T ulkwliVa Page 53 of 356 4. Construction or modification of navigational aids such as channel markers and anchor buoys. 5. Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his or her family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 6. Construction of a dock, including a community dock, designed for pleasure craft only, for the private non-commercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (a) In salt waters, the fair market value of the dock does not exceed $2,500; or (b) in fresh waters, the fair market value of the dock does not exceed: (1) $20,000 for docks that are constructed to replace existing docks, and are of equal or lesser square footage than the existing dock being replaced; or (2) $10,000 for all other docks constructed on fresh waters. (3) However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 7. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 8. The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 9. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. 10. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; c. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550 (Oil and Natural Gas exploration in marine waters). Office of the City Clerk I City of T ulkwliVa Page 54 of 356 11. The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the department jointly with other state agencies under RCW 43.21 C. 12. Watershed restoration projects, which means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: a. A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings. b. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. c. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream. 13. Watershed restoration plan, which means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area or watershed for which agency and public review has been conducted pursuant to the State Environmental Policy Act. 14. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the Department of Fish and Wildlife; b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to RCW 77.55; and c. The local government has determined the project is substantially consistent with the local Shoreline Master Program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. Additional criteria for determining eligibility of fish habitat projects are found in WAC 173-27-040 2 (p) and apply to this exemption. 15. The external or internal retrofitting of an existing structure for the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 55 of 356 18.06.820 Surveyor "Surveyor" means a person licensed by the State of Washington to engage in the practice of land surveying, as defined by RCW 18.43.020. [Ord. 2741 §4 (part), 2024] 18.06.821 Theater "Theater" is a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances. [Ord. 2741 §4 (part), 2024] 18.06.822 Tow Truck Operations "Tow Truck Operations" means any storage yard, building, or vehicle storage/impounding lot for a towing business, including tow vehicles with towed vehicles attached. Tow truck operations do not include central offices for phone dispatch if tow trucks, drivers, or impounded vehicles do not come to the office. [Ord. 2741 §4 (part), 2024] 18.06.829 Townhouse "Townhouses" means buildings that contain three or more attached single-family dwelling units that extend from the foundation to roof and that have a yard or public way on not less than two sides. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.830 Tract "Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific use. [Ord. 2741 §4 (part), 2024] 18.06.833 Trailer Court or Park "Trailer court or park" means any area of land occupied or designed for the occupancy of two or more travel trailers or mobile homes. [Ord. 2741 §4 (part), 2024] 18.06.835 Trailer, Travel "Travel trailer" means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes. [Ord. 2741 §4 (part), 2024] 18.06.840 Transit Center "Transit center" means a location where groups of buses or other public transportation vehicles can be brought together at the same time, allowing patrons to transfer between the routes. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 56 of 356 18.06.843 Transit -Oriented Development (TOD) Housing "Transit -Oriented Development (TOD) Housing" means a multiple -unit housing or mixed -use project including multiple -unit housing that is located near transit services and thus encourages people to decrease their dependence on driving. [Ord. 2741 §4 (part), 2024] 18.06.845 Tree "Tree" means any self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as a Tree in the nursery and arboricultural industries. [Ord. 2741 §4 (part), 2024] (001) At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC 18.54. [Ord. 2741 §4 (part), 2024] (002) Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. [Ord. 2741 §4 (part), 2024] (003) Dead Tree "Dead Tree" means a tree with no live crown and no functioning vascular tissue. [Ord. 2741 §4 (part), 2024] (004) Dripline "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater. [Ord. 2741 §4 (part), 2024] (005) Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. [Ord. 2741 §4 (part), 2024] (006) Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Office of the City Clerk I City of T ulkwliVa Page 57 of 356 [Ord. 2741 §4 (part), 2024] (007) Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. [Ord. 2741 §4 (part), 2024] (008) Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. [Ord. 2741 §4 (part), 2024] (009) Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. A Qualified Tree Professional preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. [Ord. 2741 §4 (part), 2024] (010) Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. [Ord. 2741 §4 (part), 2024] (011) Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. [Ord. 2741 §4 (part), 2024] (012) Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 58 of 356 (013) Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. [Ord. 2741 §4 (part), 2024] (014) Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. [Ord. 2741 §4 (part), 2024] (015) Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. [Ord. 2741 §4 (part), 2024] (016) Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms or surrounding tree removal. [Ord. 2741 §4 (part), 2024] 18.06.852 Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. [Ord. 2741 §4 (part), 2024] 18.06.854 Truck Terminal "Truck terminal" means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term storage. [Ord. 2741 §4 (part), 2024] 18.06.855 Turbidity "Turbidity" means a cloudy condition in water due to the suspension of silt, finely divided organic matter, or other pollutants. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 59 of 356 18.06.860 Understory Vegetation "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. [Ord. 2741 §4 (part), 2024] 18.06.863 Usable Floor Area "Usable Floor area" means that part of the floor area of any structure which is actually used from time to time for any commercial purposes, such as a sales area, display area, walkways or storage area. Parking calculation shall not include common corridors designed for the circulation of people at non -retail establishments, restrooms, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces and exterior covered loading docks. [Ord. 2741 §4 (part), 2024] 18.06.864 Useable Marijuana "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana -infused products. [Ord. 2741 §4 (part), 2024] 18.06.865 Use "Use" means the nature of the activities taking place on private property or within structures thereon. [Ord. 2741 §4 (part), 2024] 18.06.870 Use, Accessory "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. [Ord. 2741 §4 (part), 2024] 18.06.875 Use, Conditional "Conditional use" means an unusual and/or unique type of land use which, due to its nature, requires special consideration of its impacts on the neighborhood and land uses in the vicinity. [Ord. 2741 §4 (part), 2024] 18.06.880 Use, Permitted "Permitted use" means any use authorized or permitted alone or in conjunction with any other use in a specified district and subject to the limitation of the regulations of such use district. [Ord. 2741 §4 (part), 2024] 18.06.885 Use, Primary or Principal "Primary or principal permitted use" means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. Office of the City Clerk I City of T ulkwliVa Page 60 of 356 [Ord. 2741 §4 (part), 2024] 18.06.890 Use, Unclassified "Unclassified use" means an unusual, large-scale, unique and/or special type of land use which, due to its nature, requires special review of its impacts on the community and land uses in the vicinity. [Ord. 2741 §4 (part), 2024] 18.06.895 Unlisted Use "Unlisted use" means uses which are not specifically named as permitted in any use classification contained within this title. [Ord. 2741 §4 (part), 2024] 18.06.900 Utilities "Utilities" means all lines and facilities related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, or refuse, and includes facilities for the generation of electricity. [Ord. 2741 §4 (part), 2024] 18.06.905 Variance "Variance" means an adjustment in the specific regulation of this title regarding a particular piece of property. (See TMC 18.72, Variances) [Ord. 2741 §4 (part), 2024] 18.06.910 Vegetation "Vegetation" means living trees, shrubs or groundcover plants. [Ord. 2741 §4 (part), 2024] 18.06.915 Vehicles "Vehicles" means mechanical devices capable of movement by means of wheels, skids or runners of any kind, specifically including, but not limited to, all forms of trailers, recreational vehicles or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which device is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, recreational vehicles, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration. [Ord. 2741 §4 (part), 2024] 18.06.916 Warehouse "Warehouse" is a building or group of buildings that are primarily for the storage of goods. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 61 of 356 18.06.917 Water Dependent "Water dependent" means a use or portion of a use that cannot exist in a location that is not adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its operations. Examples of water -dependent uses include ship cargo terminal loading areas, marinas, ship building and dry docking, float plane facilities, sewer outfalls, and shoreline ecological restoration projects. [Ord. 2741 §4 (part), 2024] 18.06.918 Water Enjoyment "Water enjoyment" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use. The use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Examples of water -enjoyment uses include parks, piers, museums, restaurants, educational/scientific reserves, resorts and mixed use projects. [Ord. 2741 §4 (part), 2024] 18.06.919 Water Oriented "Water oriented" means a use that is water -dependent, water -related or water -enjoyment or a combination of such uses. [Ord. 2741 §4 (part), 2024] 18.06.920 Watercourse "Watercourse" means a course or route formed by nature or modified by man, generally consisting of a channel with a bed and banks or sides substantially throughout its length along which surface water flows naturally, including the Green/Duwamish River. The channel or bed need not contain water year-round. Watercourses do not include irrigation ditches, stormwater runoff channels or devices, or other entirely artificial watercourses unless they are used by salmonids or to convey or pass through stream flows naturally occurring prior to construction of such devices. [Ord. 2741 §4 (part), 2024] 18.06.921 Water Related "Water related" means a use or portion of a use that is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: a. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or b. The use provides a necessary service supportive of the water -dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples of water -related uses are warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, and log storage or oil refineries where transport is by tanker. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 62 of 356 18.06.922 Wetland "Wetland" means those areas that are inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds, lakes and similar areas. Wetlands do not include those artificial wetlands intentionally created from non -wetland sites, including but not limited to irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, landscape amenities or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street or highway. However, those artificial wetlands intentionally created from non -wetland areas to mitigate conversion of wetlands as permitted by the City shall be considered wetlands. [Ord. 2741 §4 (part), 2024] 18.06.924 Wetland Edge "Wetland edge" means the delineated boundary of a wetland performed in accordance with approved federal wetland delineation manual and current applicable regional supplements. [Ord. 2741 §4 (part), 2024] 18.06.934 Wetland, Scrub -Shrub "Scrub -shrub wetland" means a wetland with at least 30% of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. [Ord. 2741 §4 (part), 2024] 18.06.944 WRIA "WRIA" means Water Resource Inventory Area — river basin planning and management areas formalized under Washington Administrative Code (WAC) 173-500-04 and authorized under the Water Resources Act of 1971, Revised Code of Washington (RCW) 90.54. WRIA 9 refers to the Green/Duwamish River Basin within which Tukwila is located. [Ord. 2741 §4 (part), 2024] 18.06.945 Yard "Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward. [Ord. 2741 §4 (part), 2024] 18.06.950 Yard, Front "Front yard" means a yard extending between side lot lines across the front of a lot. In MDR and HDR zones, this shall also include areas adjacent to `access roads'. [Ord. 2741 §4 (part), 2024] 18.06.955 Yard, Rear "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. Office of the City Clerk I City of T ulkwliVa Page 63 of 356 [Ord. 2741 §4 (part), 2024] 18.06.960 Yard, Second Front "Second front yard" means any yard adjacent to a public street that is not a front yard as defined in the Definitions chapter of this title. (See also TMC 18.50, Supplemental Development Regulations, and Figure 18-4.) [Ord. 2741 §4 (part), 2024] 18.06.965 Yard, Side "Side yard" means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot - line involved with the public street. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of T ulkwliVa Page 64 of 356 Return to Title CHAPTER IIR 18.08 Sections: 18.08.010 18.08.020 18.08.030 18.08.040 18.08.050 Use Districts Unclassified Areas Official Zoning Map Rules of Interpretation Title Compliance DIIIIS"TIIRIIIIO°TS IES°TAIII:s t IIIISIINIEaID MAP 18.08.010 Use Districts A. In order to classify, segregate and regulate the uses of land, buildings, and structures, the City is divided into the following use districts: CR Community Residential HDR High Density Residential MUO Mixed Use Office 0 Office RCC Residential Commercial Center NCC Neighborhood Commercial Center RC Regional Commercial RCM Regional Commercial Mixed -use TUC Tukwila Urban Center C/LI Commercial/Light Industrial LI Light Industrial HI Heavy Industrial MIC/L Manufacturing Industrial Center/Light MIC/H Manufacturing Industrial Center/Heavy TSO Tukwila South Overlay TVS Tukwila Valley South PRO Public Recreation Overlay SOD Shoreline Overlay SAOD Sensitive Areas Overlay UROD Urban Renewal Overlay Or 2°1C2 §2, 2025, Ours 2741 §4 (part), 2024 18.08.020 Unclassified Areas A. All lands not classified according to the classification in TMC 18.08.010 on the official zoning map, and all lands, if any, of the City not shown on the official zoning map, shall be considered unclassified and, pending future classification, shall be subject to the restrictions and regulations of the CR District. Oui 2°1C2 §3, 2025, Oui • 2741 §4 (part), 2024 18.08.030 Official Zoning Map A. The boundaries of the use districts as outlined in TMC 18.08.010 are shown on the official zoning map (Figure 18- 10) which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be a part of this title. The regulations of this title governing the uses of land, buildings and structures, the height of buildings and structures, the sizes of yards about buildings and structures, and other matters set forth in this title are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said zoning map. Office of the City Clerk 1 City of Tukwila Page 61 of 356 Return to Title B. The boundaries of the use districts shall be determined and defined or redefined from time to time, by the adoption of district maps covering the City showing the geographical area and location of the districts. Each district map shall be, upon its final adoption, a part of this title, and the map and all notations, references and other information shown thereon, thereafter shall be made a part of this title as though all matters and information set forth on the map were fully described herein. C. The official zoning map shall be identified by the signature of the Mayor, attested by the City Clerk and shall bear the seal of the City of Tukwila. The original of the official zoning map shall be retained in the office of the City Clerk. See Zoning Map, Figure 18-10. Ors 2741 §4 (part), 2024 18.08.040 Rules of Interpretation A. When uncertainty exists as to the boundaries of any use district shown on the official zoning map, the following rules of interpretation shall apply: 1. Where district boundaries are indicated as approximately following the centerline of streets, alleys, highways, structure or railroad tracts, the actual centerline shall be construed to be the boundary; 2. Where district boundaries are indicated as running approximately parallel to the centerline of a street, the boundary line shall be construed to be parallel to the centerline of the street; 3. Where district boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district; 4. Where a district boundary on the official zoning map divides a tract in unsubdivided property, the location of the use district boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on the official zoning map; 5. Unmapped shorelands shall be considered to be within the same land use district as the adjacent upland as shown on the official zoning map; 6. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley; 7. Where a district boundary line divides a lot which was in single ownership at the time of passage of this title, the Hearing Examiner may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot; 8. In case uncertainty exists which cannot be determined by application of the foregoing rules, the Hearing Examiner shall determine the location of such use district boundaries. Applications for such special exceptions shall be a Type 3 decision processed pursuant to TMC 18.108.030. Ors 2741 §4 (part), 2024 18.08.050 Title Compliance A. Except as provided in this title: 1. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which such land, building, structure or premises is located. 2. No building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title for the use district in which such building or structure is located. 3. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in Office of the City Clerk 1 City of Tukwila Page 62 of 356 Return to Title conformity with the building site requirements and the area and yard regulations established by this title for the use district in which such building or structure is located. 4. No yard or other open spaces, provided about any building or structure for the purpose of complying with the regulations of this title, shall be considered as providing a yard or open space for any other building or structure. r 4 741 §4 (part), 404 Office of the City Clerk 1 City of Tukwila Page 63 of 356 Return to Title CHAPTER 'Ia.( Sections: 18.09.010 LAII. ID USES ALLOWED IIID IIII S" IIRIIII C"T Land Uses by Districts 18.09.010 Land Uses by Districts Refer to Table 18-6, "Land Uses Allowed by District." Refer to Table 18-2, "Tukwila Urban Center— Land Uses Allowed by District" for uses in the Tukwila Urban Center District Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. (dui 27411 §4 (part), 20211 Office of the City Clerk 1 City of Tukwila Page 64 of 356 Return to Title CHAPTER 18.10 COMMUNITY RESIDENTIAL (CR) DISTRICT Ccctions: 18.10.010 Purpose 18.10.020 Land Uscs Allowed 18.10.030 Dcsign Rcvicw 18.10.040 Basic Dcvclopmcnt Standards 18.10.010 Purpose A This district implcmcnts thc Community Residential Comprehensive Plan ("CR") designation. It is intcndcd to providc low dcnsity and mcdium dcnsity rcsidcntial aroas togcthcr with a full range of urban infrastructure services in ordcr to maintain stable rcsidcntial ncighborhoods. 8- Ccrtain CR propertics arc idcntificd as Commcrcial Redevelopment Aroas (scc Figures 18 9 or 18 10) to encourage aggregation with commcrcial propertics that front on Tukwila Intcrnational Boulcvard. Aggregation and commcrciai redevelopment of these sites support implcmcntation of thc Pacific Highway Rcvitalization Plan and providc opportunitics to redefine and create morc uniform bordcrs bctwccn thc commcrcial corridor and thc adjacent rcsidcntial ncighborhoods. C- dcvclopmcnt standards will remain in place, although multi family buildings arc permittcd. The overlay providcs additionai alternate dcvclopmcnt standards that may be applied to dcvclopmcnt within thc Urban Rcncwal Ovcrlay upon rcqucst of the property owncr, and if thc dcvclopmcnt mccts certain qualifying criteria. Urban Rcncwal Ovcrlay district standards support implcmcntation of thc Tukwila Intcrnational Boulcvard Rcvitalization Plan through morc intensive dcvclopmcnt. {Ord. 2765 §11 (part), 20251 18.10.020.6antl-lcises-Atieweet A Rcfcr to TMC 18.09, "Land Uscs Allowed by District." 18.10.030 B A Scc TMC 18.60 for all rcquircmcnts for Dcsign Rcvicw. {Ord. 2765 §11 (part), 20251 {Ord. 2765 §11 (part), 20251 18.10.040 A Dcvclopmcnt within thc CR District shall conform to thc following listed and rcfcrcnccd standards: (scc next pagc) Office of the City Clerk I City of Tukwila Page 65 of 356 Return to Title CR BASIC DEVE OPMENT STANDARDS Outsidc of 1/4 Milc of Major Transit Stop Within 1/4 Milc of Major Transit, or if at (cast 1 unit affordablc a (Owncrship) for a period no Icsc than 50 years Lot arca, minimum 5,000 sq. ft. Average lot width, minimum 40 fcct Density (3) dwclling efrite pef pafee4; plus 1 unit per 1,500 SF of parccl area ovcr 5,000 SF, whichcvcr is greater, up to 5 efrite dwclling €4ts pef pafee4; plus 1 unit per 1,500 SF of parccl area ovcr 5,000 SF, whichcvcr is greater, up to 5 units 2 dwclling units per lot can bc designated as acccscory rcsidcnccs providcd thcy meet ADU rcquircmcnts (ADUs count toward maximum dcnsity) 2 dwclling units per lot can bc designated as acccscory rcsidcnccs providcd thcy mcct ADU rcquircmcnts (ADUs count toward maximum dcnsity) Building Footprint, maximum Dcvclopmcnt Arca Coverage, maximum 7-63/4 Setbacks Front 15 fcct Front Porch 7 fcct (if porch of at (cast 40 square fcct, with no dimension Ic33 than 5 fcct) Sccond Front 10 fcct Sid° 6-feet Rcar 6-feet Rear (Alley DADU) 0 fcct Building Hcight 35 fcct Parking Scc TMC 18.56, Off street Parking & Loading Regulations & Figurc 18 7 Rcquircd Numbcr of Parking Spaccs for Automobiles & Bicycles N''rOrd. 165 ,2025) Office of the City Clerk 1 City of Tukwila Page 66 of 356 Return to Title CHAPTER 18.12 II IIII Li D IE IIN S IIII "TV' R IFSS IIII IID IFS III °TIIL . E_ (I DR) IID IIII & TIII IIII CT Ccctions: 18.12.010 Crc€atcd 18.12.010 Greeted Office of the City Clerk I City of Tukwila Page 67 of 356 Return to Title CHAPTER 18.14 HIGH DENSITY RESIDENTIAL (HDR) DISTRICT Ccctions: 18.141-0 Purpose 18.14.020 Land Uscs Allowed 18.14.030 Rccroation Spacc Requirements 18.147940 Dcsign Rcvicw 18.14.050 Basic Development Standards 18.14.010 Purpose A This district implcmcnts thc High Dcnsity Rcsidcntial (HDR) Comprehensive Plan designation. It is intcndcd to providc a high density, multiplc family district which is also compatible with commcrcial and officc aroas. Ccrtain HDR propertics arc idcntificd as Commcrcial Redevelopment Arcs (scc Figures 18 9 or 18 10) to encourage aggregation and fcdcvclopmcnt of propertics that front on Tukwila Intcrnational Boulcvard. Aggregation and commcrcial redevelopment of these sites would implcmcnt thc Pacific Highway Rcvitalization Plan and providc opportunitics to rcdcfinc and croatc more uniform bordcrs bctwccn thc commcrcial corridor and adjacent residential ncighborhoods. Ccrtain HDR propertics arc located in thc Urban Rcncwal Ovcrlay (scc Figure 18 15). Existing zoning and dcvclopmcnt standards will remain in place. Thc overlay providcs additional alternate dcvclopmcnt standards that may be applied to dcvclopmcnt within thc Urban Rcncwal Ovcrlay upon rcqucst of thc property owncr, and if thc dcvclopmcnt meets certain qualifying criteria. Urban Rcncwal Ovcrlay district standards would implcmcnt thc Tukwila Intcrnational Boulcvard Rcvitalization Plan through morc intcnsivc dcvclopmcnt. 18.14.020 ' and U3c3 ^ "owed' Rcfcr to TMC 18.09, "Land Uscs Allowed by District." N,Ord. 2765 §13, 2025, OrdN 2741 §4 (part), 20241 N,Ord. 2741 §4 (part), 20241 18.14.030 Recreation Spacc Rcquircmcnt3 A In thc HDR zoning district, any proposcd multiplc family structurc, complcx or dcvclopmcnt shall providc, on the premises and for thc ucc of thc occupants, a minimum amount of rccroation spacc according to thc provisions of TMC 18.14.030, subparagraphs 1 through 4. In thc TSO zonc with undcrlying CR zoning on land that adjoins thc City of Sc�Tac, fccrceation spacc shall mcct thc provisions of TMC 18.14.030, subparagraphs 2 through 4, in addition to thc minimum rcquircd arcs as specified in TMC 18.41.090.A.1. Re 4fea. e- For Dash proposed dwelling unit in thc multiplc family dcvclopmcnt and detached zcro lot line typc of dcvclopmcnt, a minimum of 400 squarc fcct (100 squarc fcct for scnior citizcn housing) of rccrcition spacc shall bc provided. Any multiplc family dcvclopmcnt shall providc a minimum of 1,000 squarc fcct of total rccroation spacc. 197 Thc front, side and roar yard setback aroas rcquircd by thc applicable zoning district shall not qualify as fccrceation spacc. Howcvcr, thcsc setback areas can qualify as rccwtion spacc for townhouscs if thcy arc incorporated into private opcn spacc with a minimum dimension of 10 fcct on all sides. 2 indoor or Covcrcd Spacc. e- No morc than 50% of thc rcquircd rccrcition spacc may bc indoor or covcrcd spacc in standard multi family developments. Scnior citizcn housing must have at least 20% indoor or covcrcd spacc. Office of the City Clerk 1 City of Tukwila Page 68 of 356 137 The Dircctor may grant a maximum of two squarc fcct of rccrcition spacc for cch onc squarc foot of cxtcnsivcly improvcd indoor rccwtion spacc providcd. Interior facility improvcmcnts would includc a full range of wcight machines, sauna, hot tub, large scrccn tcicvision and thc like. 37 Uncovered Spacc. A minimum of 50% of thc total rcquircd rccrcition spacc shall bc opcn or uncovcrcd; up to 100% of thc tota[ fcquircmcnt may bc in opcn or uncovcrcd rccwtion spacc in standard multi family developments. Scnior citizcn housing allows up to 80% of rccrc�tion spacc to bc outdoors and has no minimum outdoor spacc rcquircmcnt. 137 design facilitates and encourages thc anticipatcd. e Thc Dircctor may grant a maximum crcdit of two squarc fcct of recreation spacc for each onc squarc foot of outdoor pool and surrounding dcck area. 4- e Multiple family complcxcs (cxccpt ccnior citizcn housing, and detached zcro lot line), which providc dwclling units with two or morc bcdrooms, shall providc adequate rccrc�tion spacc for children with at Ic€ast onc spacc for thc 5 to 12 year old group. Such spacc shall bc at Iclast 25% but not morc than 50% of thc total recreation spacc rcquircd undcr TMC Scction 18.14.030 (1), and shall bc dcignatcd, located and maintained in a safc condition. 137 Adequate fcncing, plant scrccning or othcr buffcr shall separate thc recreation spacc from parking arcs, driveways or public ctrccts. e Thc anticipatcd usc of all rcquircd recreation areas shall bc cpccificd and dccigncd to clearly accommodate that usc. 18.14.040 B Scc TMC 18.60 for all rcquircmcnts for Dccign Rcvicw. (ard. 2765 §11,2025; ardN 11 §4 (part),2021) (ard. 2765 15,2025; ardN 11 §1 (part),2021) e Development within thc High Dcncity Rccidcntial District shall conform to thc following lictcd and referenced standards: -14R BASIC DEVE G MENT STANDARDS Lot arc, minimum 8,000 sq. ft. (Applicd to parcnt lot for townhousc subdivisions) Lot arc per unit (multi family, cxccpt scnior citizcn housing) 2,000 sq. ft. (For townhouses thc density shall bc calculated based on onc dwclling unit per 2000 sq. ft. of parcnt lot arc. Thc cscmcnts.) Average lot width (min. 20 ft. street frontagc width), minimum 60 fcct (Applicd to parcnt lot for townhousc subdivisions) Setbacks, minimum: Applicd to parcnt lot for townhousc subdivision:, • Front 15 fcct • Socond front 7.5 fcct • Sidcs 10 fcct • Rear 10 fcct Rcfcr to TMC 18.52, "Landscape Requirements," Tablc A, for perimctcr and parking lot landscaping rcquircmcnts. Townhousc building separation, minimum 10 fcct Office of the City Clerk 1 City of Tukwila Page 69 of 356 Return to Title H R BASIC DEVE Or1MENT STANDARDS Hcight, maximum /15 fcct Ocvclopmcnt are covcragc 50% maximum (cxccpt scnior citizcn housing), (75% for townhouscs) Rccretion spacc /100 sq. ft. per dwclling unit (1,000 sq. ft. min.) {Not rcquircd for middlc housing dwcllings) Rccretion spacc, ccnior citizcn housing 100 sq. ft. per dwclling unit Off strcct parking Scc TMC 18.56, Off strcct Parking & Loading Rcgulations & Figurc 18 7 Rcquircd Numbcr of Parking Spaccs for Automobilcs & Bicycics Convcrsion to Rcsidcntial Scc TMC 18.50.230, Rcsidcntial Convcrsions (Ord 765 §° dk2025; Ord 758 3,2025; Ord .,� ,2024) Office of the City Clcrk I City of Tukwila Return to Title CHAPTER 18.16 II IE IID U S IE OFFICE (I.U0) IID IIII S°TIIRIIII O °T Ccctions: 18.16.010 Purpose 18.16.020 Land Uscs Allowed 18.16.030 On Sitc Hazardous Substances 18.16.040 Dcsign Rcvicw 18.16.050 Basic Dcvclopmcnt Standards 18.16.010 Purpose A This district implcmcnts thc Mixcd Usc Officc (MUO) Comprehensive Plan designation. It is intcndcd to create and maintain arclas characterized by professional and commercial officc structures, mixcd with complementary retail and fcsidcntial uscs. 18.16.020.6antl-lcises-Atieweet Rcfcr to TMC 18.09, "Land Uscs Allowed by District." (Ord„, 2765 11, 2025, Ord 274.1 §4 (pant), 20241 (Ord„, 274.1 §4 (pant), 20241 18.16.030 A No on sitc hazardous substance proccssing and handling, or hazardous waste treatmcnt and storage facilitics shall bc permittcd, unless clearly incidental and secondary to a permittcd ucc. On sits hazardous waste treatment and storage facilitics shall bc subject to thc State siting criteria (RCW 70.105). (Scc TMC 21.08.) [Ord 2765 §18, 202.5 rd 27,41 1 . (part), 202 „j 13.16.040 B Scc TMC 18.60, for all rcquircmcnts for Dcsign Rcvicw. (Ord„, 2765 §16, 2025, Ord 274.1 1. (pant), 20241 18.16.050 Dcvclopmcnt within thc MUO District shall conform to thc following listed and rcfcrcnccd standards. In thc Tukwila International Boulcvard corridor, thcrc arc circumstances undcr which these basic standards may bc waived (scc TMC 18.60.020). (Scc next page) Office of the City Clerk 1 City of Tukwila Page 71 of 356 Return to Title Minimum L et rca. Nonc Rcsidentaa; 3ensity: Setbae-ks Standard: $asclinc: 3 dwclling units per parccl Additionally: 1 dwclling unit/3,000 sf of lot area Brent $asclinc: 4 dwclling units per parccl Additionally: 1 dwclling unit/3,000 sf of lot area Sides Rear 15 fcct 12.5 fcct 10 fcct 10 fcct fRcfcr to TMC 18.52, °Land3capc Rcquircmcnt3," Tablc A, for perimctcr and parking lot landscaping rcquircmcnt3. Maximumeight 45 fcct Reereatien-Spaee1 200 square fcct per dwclling unit (1,000 aquarc fcct minimum) 100 aquarc fcct per dwclling unit for senior citizcn housing (Not rcquircd for middle housing dwellings) Off strcct parking: Ccc TMC 18.56, Off strcct Parking & Loading Regulations & Figurc 18 7 Rcquircd Numbcr Convcrsion to Rcsidcntial Scc TMC 18.50.230, Rcsidcntial Conversions [Ord„ 27d5 §20, 2025; OrdN 2758 4, 2025; OrdN 27'll , 2024) Office of the City Clerk 1 City of Tukwila Page 72 of 356 Return to Title CHAPTER 18.18 Ccctions: 18.18.010 18.18.020 18.18.030 18.18.040 18.18.050 OFFICE (0) DISTRICT Purpose Land Uccs Allowcd On Sitc Hazardous Substanccs Dcsign Rcvicw Basic Dcvclopmcnt Standards 18.18.010 Purpose A This district implcmcnts thc Officc (0) Comprchcnsivc Plan dcsignation. It is intcndcd to providc for areas appropriatc for profcsrcional and adminictrativc officcs, mixcd with ccrtain rctail uccs. Bccaucc of thc gcncrally light cnvironmcntal and traffic impacts and daytimc usc charactcristics of officcs, it is furthcr intcndcd that such districts may scrvc as buffcrs bctwccn rccidcntial districts and commcrcial and/or industrial areas. 18.18.020.6antl-lcises-Atieweet Rcfcr to TMC 18.09, "Land Uccs Allowcd by District." N,Ord. 2765 §21, 2025, OrdN 274.1 §4 (pant), 20241 N,Ord. 274.1 §4 (pant), 2024,1 18.18.030 A No on sits hazardous substance processing and handling, or hazardous waste treatment and storage facilitics chali bc permittcd, unlcss clearly incidental and secondary to a permittcd usc. 0n sitc hazardous waste trcitmcnt and storage facilitics shall bc subject to thc Statc citing criteria (RCW 70.105). Scc TMC 21.08. a$13.04e s Scc TMC 18.60 for all rcquircmcnts for Dcsign Rcvicw. N,O rd.. 2765 §22, 2025, OrdN 274.1 §4 (pant), 20241 N,O rd.. 2765 §23, 2025, OrdN 2741 (part), 20241 18.18.050 Dcvclopmcnt within thc `0' District shall conform to thc following listed and rcfcrcnccd standards: OFFICE BASIC DEVE OPMENT STANDARDS Sctbacka: Front Sccond Front 25 fcct 12.5 fcct 10 fcct 10 fcct Landscaping: Rcfcr to TMC 18.52, "Landacapc Rcquircmcnt3," Tablc A, for perimctcr and parking lot landscaping rcquircmcnts. Maximum Hcight: 35 fcct Off strcct parking: Scc TMC 18.56, Off strcct Parking & Loading Regulations & Figurc 18 7 Rcquircd Numbcr of Parking Spaces for Automobiles & Bicycles [Ord„, 2765 §24, 2025, OrdN 2741 4 (m° , 2024j Office of the City Clerk 1 City of Tukwila Page 73 of 356 Return to Title CHAPTER 18.20 RESIDENTIAL COMMERCIAL CENTER (RCC) DISTRICT Ccctions: 18.20.010 Purpose 18.20.020 Land Uscs Allowcd 18.20.030 On Sitc Hazardous Substances 18.20.040 Dcsign Rcvicw 18.20.050 Basic Development Standards 18.20.010 Purpose A This district implcmcnts thc Residential Commcrcial Ccntcr (RCC) Comprehensive Plan designation. It is intcndcd to croatc and maintain pedestrian fricndly commercial aroas characterized and scald to serve a local ncighborhood, with a divcrsc mix of residential, retail, scrvicc, officc, rccrc�tional and community facility uscs. Nard 2765 §25, 2025, OrdN 2741 §4 (pant), 2024 18.20.020.6antl-lcises-Atieweet Rcfcr to TMC 18.09, "Land Uscs Allowcd by District." (Ord„ 27,41 §4 (pant), 2024 18.20.030 A No on sitc hazardous substance proccssing and handling, or hazardous waste treatment and storage facilitics shalt bc permittcd, unlcsc clearly incidental and secondary to a permittcd ucc. On sits hazardous waste treatment and storage facilitics shall bc subject to thc State siting criteria (RCW 70.105). Scc TMC 21.08. 18.20.040 s Scc TMC 18.60 for all rcquircmcnts for Dcsign Rcvicw. N,O rd.. 2765 §26, 2025, OrdN 27'll §4 (pant), 2024) N,O rd.. 2765 §27, 2025, OrdN 27,41 4. (part), 2024) Office of the City Clerk 1 City of Tukwila Page 74 of 356 Return to Title 18.20.050 Dcvclopmcnt within thc RCC District shall conform to thc following listcd and rcfcrcnccd standards: RCC BASIC DEVE GRENT STANDARDS Minimum Lot Arca: 5,000 sq. ft. Rcsidcntial Dcn3ity: Standard: Transit or Affordability Bonus: 3 dwclling units per parccl, plus 1 dwclling unit per 2,500 oq. f.t of lot arca ovcr 5,000 EF 4 dwclling units per parccl, plus 1 dwclling unit per 2,500 3q. ft. of lot arca ovcr 5,000 sq. ft. Sctbacks: Front Porch Seeel l-Front 8tdes 15 ft 84t 10 ft 84eet 10 fcct; 5 fcct for DADU3 Landscaping: Rcfcr to TMC 18.52, °Landsoapc Rcquircmcnts," Tablc A, for perimctcr and parking lot landscaping rcquircmcnts. Maximum Hcight 35 fcct Off strcct parking: for Automobilcs & Bicycic3 Convcr3ion to Rc3idcntial £cc TMC 18.50.230, Rc3idcntial Convcr3ion3 [Ord„ 27d5 §28, 2025, Ord„ 2° 58 §5, 2025, Ord„, 2024 Office of the City Clerk 1 City of Tukwila Page 75 of 356 CHAPTER 18.22 NEIGHBORHOOD COMMERCIAL CENTER (NCC) DISTRICT Sections: 18.22.010 Purpose 18.22.020 Land Uses Allowed 18.22.030 On Site Hazard. c Subctanccc 18.22.040 Dcsign Standard 18.22.050 Strcct Frontagc Improvcmcnts 18.22.060 Dimensional and Density Standards 18.22.01013e6e This district implements the Neighborhood Commercial Center (NCC) Comprehensive Plan dcsignation. It is intcndcd to providc for pedestrian fricndly areas charactcrizcd and scaled to serve multiple residential areas, with a diverse mix of uses. 18.22.020 Rcfcr to TMC 18.00, "Land Uscs Allowcd by District." Parccls within a Commcrcial Redevelopment Area may be permitted to aggregate with and use the development standards and permitted uses of any adjaccnt parccl within thc NCC zoning district, pursuant to TMC 18.60.100. 18.22.030 A: No on site hazardous substance procec ing and handling, or hazardous waste treatment and ctoragc facilitics shall bc permittcd, unlc c clearly incidcntal and secondary to a permittcd usc. On site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). See TMC 21.08. 18.22.010 Applicability: All development within the NCC zoning district shall be subject to design standards and procedures in accordance with the provisions found at TMC 18.60, "Design Review". 18.22.050 Applicability: In addition to all projects required to install frontage improvements by any othcr ocction or chaptcr of thc Tukwila Municipal Codc, all projccts that propose to construct new structures that will feature any use that is not an acce,sory use shall install frontage improvements in accordance with this section. These requirements may be waived or altered by the Director of Community Development and thc Director of Public Works via a Typc 2 Dcsign Rcvicw application if thc applicant demonstrates the #.Bowing That the proposed project is located on a site for which the frontage was previously improved but docs not comply with thc standards of this ocction, and thc project will not result in an increase of multi modal visitors to the site of greater than 25% from the previously approved use. The Director may rcquirc thc provision of a multi modal traffic study that compares total site visitation both bcforc and aftcr construction. B. Standards: All projects subject to this section shall install improvements on all frontages. In addition to thc following listed standards, improvcmcnts shall conform to thc street dcsignation determined minimum standards of TMC 17.20.010.H, `Street Componcnts and Improvcmcnt Rcquircmcnts', and thc `Tukwila Infrastructure Dcsign and Construction Standards'. In areas of conflict, priority shall bc given to this Section (TMC 18.21.070), then TMC 17.20.010.H, then the `Tukwila Infrastructure Design and Construction Standards'. The improvements required in this section shall be installed only at the back of curb. Required improvcmcnts may bc located on privatc property if permancnt public casements arc providcd, in accordance with the requirements of the Department of Public Works. Sidewalk Zones and Widths: Frontages in tho NCC zoning dietrict ehall foaturo tho following zoncs: {a-) Frontage Zonc: This area is defined as tho aroa botwoon tho proporty lino and pedestrian clear zone. This zone may be able to accommodate sidewalk cafes, store entrances, retail display, landscaping, transit stop amcnitics, or othcr fcoatures that activatc and cnhancc thc pcdcotrian cnvironmcnt. Widcr frontagc zoncs providc morc room for futurc tcnants and rcoidcnts to activatc thc public right of way in a manner compatiblc with strcct trccs and othcr rcquircd fc\atures bctwccn thc frontagc zonc and curb. {� Minimum Width: 2 fee+ { Pcdcstrian Clcar Zonc: This area is defined as the area of the sidewalk corridor that is specifically reserved for pedestrian travel. Street furniture, street trees, planters, and other vcrtical cicmcnts such as polcs, firc hydrants and otrcct furniturc, as wcll as tcmporary signs and othcr items shall not protrude into the pedestrian clear zone. The minimum width shall be as follows: h Tukwila International Boulevard: 8 foot +k All Othcr Strccts: 6 feet {-9} Landscape / Furniture Zonc: This aroa is dofinod ac tho aroa botwoon tho roadway curb facc and thc front cdgc of thc pcdcotrian clear zonc. This zonc buffcrs pcdcotrians from the othcr cicmcnts such as signagc, pcdcotrian lighting, hydrants, and abovc and bclow gradc utilitics. Clccarancc and octback rcquircmcnts apply to many cicmcnts locatcd in thc landccapc/furniturc zonc. In ncit patron waiting, boarding and alighting and may includc transit signagc, chcltcrs, bcnchcs, littcr rcccptacics, real timc display, off board paymcnt, and pedestrian scaled lighting. /4 \ I►Ai nirvum \A/i rl+h: The minimum widthe ehown below may be increased by the Department on frontages with unique features, including transit stops. 17 Tuky,ila International Boulcyar.+: 8 fee+ +k All Other Streets: 6 feet. size. Species shall be chosen from the City of Tukwila Approved Tree List. Other species may be approved by the Department. Chosen street tree species shall be non columnar and shall be chosen from among largc opccics if thc planting location is along Tukwila Intcrnational Boulcvard or Southccntcr Boulcvard, or from among thc mcdium or largc opccics if thc planting location is along any othcr otrcct. Planting shall nncct the minimum standards of TMC 18.52. 27 Altcrnativc Sidcwalk Dcsigns: Alternative sidewalk designs may be approved by the Department if the alternative design meets the following standards: {-a-) The-altefFia#Ve-de€11:119f-e391-de'S-a-19€-FFEef-frefe-l9ede-St-Faci-Fe-Eltea-Ret { The alternative design accommodates all required elements of the sidewalk {-9} The alternative design results in fewer removals of existing mature vegetation than would be required with striet-ea991-4neeaRstief ; 04 The alternative design cnablcs grccn ctormwatcr infractructurc abovc ctormwatcr codc rcquircmcnts; and/or {e) The altcrnativc dcsign will avoid costly utility rclocations that arc not rccommcndcd by thc Dcpartmcnt of Public Works; and/or {#) The alternative design allows for more extensive sidewalk improvements (1 block minimum) compared to strict compliance with the sidewalk standards. 1Q�22nan Q Dcvclopmcnt within thc NCC district shall conform to thc following liotcd and rcfcrcnccd standards. A CC DIME IC AND DENSITY STANDARDS rA,eL _r____ i 1 e__+: e.. ParoeIs Withio CAA Cee4 of 1 All ____ __r_el_ Minimum 1 of Area Nonc No Maximum Se+�, Fronts, Sides, Rear Front Entranccs of Strcct Facing First Floor Minimum: 6' Home, Minimum: 6' Maximum Avcragc: 10' All other Uses: Sir -Rear Minimum: 10' Minimum: 0' Maximum Avcragc: 10' Coverage75%, Ground deer 1 Ices Parccls with any frontagc on Tukwila Intcrnational Boulcvard: Non 60% thc floor's fa9adc residcntial uscs rcquircd on a minimum of of ground As Typc 2 Dcsign Rcvicw this bc if arca. part of a permit, rcquircmcnt may waivcd at (cast 60% of the floor's fa9adc arco is dcsigncd such that it may bc ground "EasilyAdaptable". See TMC 18.06.2/9. Heights 30 fcct NA HeilIncentive Basc Hcight: Basc Hcight: 65 fcct 50 fcct S 146th Street: All other Parcels: Height3: Inccntivc Hcight3: Inccntivc Hcight3: 70 feet 125 fcct 90 fcct 1This includcs all parccls whcrc any portion of thc parccl is within 500 linear fcct, as thc crow flics, from any portion of Tukwila Intcrnational Boulcvard, including sidewalk areas of the Boulcvard that lic within private property but arc subject to permanent casements for public accc:. 2Maximum sctback standards may bc altered by thc Director via a Typc 2 Dcsign Rcvicw application, providcd the applicant demonstrates that: (i) strict adhoronco to sotback rulos will rosult in costly utility rolocations that arc not recommended by the Department of Public Works; or (ii) required sight distanco trianglos prohibit structuroa ctructurc(s) exhibits a uniquc design or use that is incompatible with thc sctback rcquircmcnt, or that would bc better served by an alternative sctback. In such cases, thc rcquircd sctback alteration shall bc thc minimum nccc: Cary to avoid thc identified impacts and accomplish thc projcct's goals. 3Projccts may use incentive standards only if thc project opts in to and is compliant with thc provisions of thc Dcvclopmcnt Inccntivc Program found at TMC 18.47. CHAPTER 18.21 REGIONALCOMMERCIAL (RC) DISTRICT 18.24.010 Purpocc 18.24.020 Land Uccs Allowcd 1 8.21.030 On Sito Hazardo,,hc tancoc 18.24.040 Dccign Standard 18.24.050 Strcct Frontagc ImprovcmcntP 18.24.060 Dimensional and Dcncity Standard 18.21.010 {aoco A This district implcmcnts thc Regional Commcrcial (RC) Comprchcnoivc Plan dccignation. It is ixcd use, commercial services, offices, lodging, cntcrtainmcnt, and rctail uses. 18.21.020 Rcfcr to TMC 18.00, "Land Uscs Allowcd by District." Parccls within a Commcrcial Rcdcvclopmcnt Area may be permitted to aggregate with and use the development standards and permitted uses of any adjacent parcel within the RC zoning district, pursuant to TMC 18.60.100. 18.21.030 ctoragc facilitics shall bc permittcd, unIc; c clearly incidcntal and occondary to a permittcd usc. On site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). See TMC 21.08. 18.21.010 A All dcvclopmcnt within thc RC zoning district shall bc oubjcct to design standards and procedures in accordance with the provisions found at TMC 18.60, "Design Review". 1Q,2nnon e 0V Applicability: In addition to all projects required to install frontage improvements by any other section of thc TMC, all projects that propose to construct new structures that will feature any use that is not an accec ory use shall install frontage improvcmcnts in accordance with this ocction. These requirements may bc waivcd or altcrcd by thc Dircctor of Community Dcvclopmcnt and thc Dircctor of Public Works via a Type 2 Design Review application if the applicant demonstrates the following: 4, That the proposed project is located on a site for which the frontage was previously improved but docs not comply with thc standards of this ocction, and thc project will not result in an increase of multi modal visitors to the site of greater than 25% from the previously approved use. The Director may require thc provision of a multi modal traffic study that compares total sits visitation both bcforc and after construction. addition to thc following lictcd standards, improvcmcnts shall conform to thc otrcct dccignation determined minimum standards of TMC 17.20.010.H, `Street Componcnts and Improvcmcnt Rcquircmcnts', and thc `Tukwila Infrastructure Dccign and Construction Standards'. In areas of conflict, priority shall bc given to this Section (TMC 18.21.070), then TMC 17.20.010.H, then the `Tukwila Infrastructure Design and Construction Standards'. The improvements required in this section shall be installed only at the back of curb. Required improvcmcnts may bc located on privatc property if permancnt public casements arc providcd, in accordance with the requirements of the Department of Public Works. Sidewalk Zones and Widths: Frontages in the RC zoning district shall feature the following zones: {a) Frontagc Zonc: This area is defined as the area between the property line and pedestrian clear zone. This zone may be able to accommodate sidewalk cafes, store entrances, retail display, landscaping, transit stop amcnitics, or othcr fcoatures that activatc and cnhancc thc pcdcotrian cnvironmcnt. Widcr frontagc zoncs providc morc room for futurc tcnants and residents to activate the public right of way in a manner compatiblc with strcct trccs and othcr rcquircd fc\atures bctwccn thc frontagc zonc and curb. {1) Minimum Width: 2 fcct. (b) Pcdcstrian Clcar Zonc: This area is dcfincd as thc area of thc oidcwalk corridor that is specifically reserved for pedestrian travel. Street furniturc, strcct trccs, plantcrs, and othcr vcrtical cicmcnts such as polcs, firc hydrants and strcct furniturc, as wcll as tcmporary signs and othcr itcms shall not protrude into the pedestrian clear zone. The minimum width shall be as follows: Tukwila International Boulevard and Soufhnenfer Boulevard: 8 foot ih All Other Streets: 6 feet {c) Landscapc / Furniturc Zonc: This area is defined as the area between the roadway curb facc and thc front cdgc of thc pcdcotrian clear zonc. This zonc buffcrs pcdcotrians from thc adjaccnt cicmcnts ouch as signagc, pcdcotrian lighting, hydrants, and abovc and bclow gradc utilitics. Clcarancc and cctback rcquircmcnts apply to many cicmcnts locatcd in thc Landscapc/furniturc zonc. In transit areas, the Landscapc / furniturc zonc may bc utilizcd for transit patron waiting, boarding and alighting and may includc transit signagc, shcltcrs, bcnchcs, littcr rcccptacics, roal timc display, off board paymcnt, and pcdcotrian scaled lighting. {1) Minimum Width: Thc minimum widths shown bclow may bc incrccascd by the Department on frontages with unique features, including transit stops. 17 Tuky,ila International Boulcvard and Southcenter Boulevard• 8 fee+ ik All Other Streets: 6 feet. {2) Trccs: Strcct trccs shall bc opaccd to maximizc trcc growth bascd on sizc. Spccics shall be chosen from thc City of Tukwila Approvcd Trcc List. Othcr spccics may bc approvcd by thc Department. Chosen strect trcc spccics shall bc non columnar and shall bc choocn from among largc among thc mcdium or largc spccics if thc planting location is along any othcr strcct. Planting shall mcct thc minimum standards of TMC 18.52. 2 Altcrnativc Sidcwalk Dcsigns: Altcrnativc sidcwalk dcsigns may bc approvcd by thc Dcpartmcnt if thc altcrnativc dcsign mccts thc following standards: {a) The alternative design provides a barrier free, safe pedestrian route; and (b) Thc altcrnativc dcsign accommodatcs all rcquircd cicmcnts of thc oidcwalk in thc area, {c) Thc altcrnativc dcsign results in fcwcr rcmovals of cxisting maturc vcgctation than would be required with strict ; (d) The alternative design cnablcs grccn stormwatcr infrastructurc abovc stormwatcr codc requirements; and/or {e) Thc altcrnativc dcsign will avoid costly utility rclocations that arc not rccommcndcd by the Dcpartmcnt of Public Works; and/or {#� Thc altcrnativc dcsign allows for morc cxtcnoivc oidcwalk improvcmcnts (1 block minimum) compared to strict compliance with the sidewalk standards. 1Q�24nan o A, Development within the RC district shall conform to the following listed and referenced standards. RC DIMENSI NA1 AND DENSITY STANDARDS Minimum 1 „+Area Nonc Residential Density No Maximum Se+�, Fronts, Sides, Rear Portions of Structure Below 85 feet Front, Sides, Rear Portions of Structure Above 85 feet Entranccs of Strcct Facing First Floor Home, 10' Minimum: 6' Maximum Avcragc: Abutting Strcct orAllcy Minimum: 10' Abutting Adjacent Property All other Uses: Minimum: 20' Minimum: 0' Maximum Average: 10' Maximum Develop n+ �e Portions of Buildings Abovc 90 Fcct: 6594 Floorplatcs at or Abovc thc 9th Story: Avcragc 13,500 fcct must not cxcccd squarc ter,,...,,+ F,,,,,r I l�e� Parccls with any frontagc on Tukwila Intcrnational or Southccntcr Boulcvards: Non 60% thc floor. As residcntial uscs rcquircd on a minimum of of ground part of a Typc 2 Dcsign Rcvicw this bc if last 60% thc permit, rcquircmcnt may waivcd at of floor is dcsigncd that it bc "Easily Adaptablc". Scc TMC 18.06.249. ground such may Heights 30 fcct s Parcels uth of S 148th St Parcels north of S 44gth St & south of S 146th St Parcels north of S 146th St Base Height: Base Height: Base Height: 85 feet 65 feet 65 feet Incentive Height2: Incentive Heightz: Incentive Heightz: No Maximum3 130 feet 90 feet T„__,er �er.,r,+;,,., Portions of Buildings Abovc 90 Fcct: 60 fcct N/A 'Maximum sctback standards may bc altcrcd by thc Dircctor via a Typc 2 Dcsign Rcvicw application, providcd the applicant demonstrates that: (i) strict adhoronco to sotback rulos will rosult in costly utility rolocations that aro not recommended by the Department of Public Works; or (ii) required sight distanco trianglos prohibit structuroa from compliancc, and thc itcuc is not mitigatablc by cnhanccmcnts to thc projcct's frontagc; or (iii) thc proposcd ctructurc(s) cxhibits a uniquc dcsign or use that is incompatiblc with thc sctback rcquircmcnt, or that would bc bcttcr scrvcd by an altcrnativc sctback. In such cascs, thc rcquircd sctback altcration shall bc thc minimum nccc: Cary to avoid thc idcntificd impacts and accomplish thc projcct's goals. 2Projccts may use inccntivc standards only if thc projcct opts in to and is compliant with thc provisions of the Dcvclopmcnt Inccntivc Program found at TMC 18.47. 3Maximum hcights arc not cstablishcd by thc City of Tukwila for projccts on parccls south of S 148th Strcct that participatc in thc Dcvclopmcnt Inccntivc Program found at TMC 18.47. Maximum hcights may bc limitcd by othcr standards, including thosc of the odoro' " otion " �. ini trotion Return to Title CHAPTER 18.26 REGIONAL COMMERCIAL MIXED_I ICE Ccctions: 18.26.010 Purpose 18.26.020 Land Uscs Allowcd 18.26.030 On Sitc Hazardous Substances 18.26.040 Dcsign Rcvicw 18.26.050 Basic Development Standards 18.26.010 Purpose A This district implcmcnts thc Regional Commcrcial Mixcd Usc (RCM) Comprchcnsivc Plan designation. It is intcndcd to providc for arcs characterized by commcrcial scrviccs, officcs, lodging, entertainment, and retail activities with associated warehousing, and accessory light industrial uses, along a transportation corridor and intcndcd for high intensity fcgional uscs. Rcsidcntial uscs mixcd with certain commcrcial uscs arc allowed at sccond story or above. The zone's standards arc intcndcd to promotc attractive development, an opcn and pleasant street apperancc, and compatibility with adjacent residential arcs. 18.26.020.6antl-lcises-Atieweet 18.26.030 Rcfcr to TMC 18.09, "Land Uscs Allowcd by District." (Ord„ 2765 3 , 2025, OrdN 2741 §4 (part), 20241 (Ord„ 2 .1 §4 (part), 20241 A No on sitc hazardous substance proccssing and handling, or hazardous waste treatment and storage facilitics shalt bc permittcd, unless clearly incidental and secondary to a permittcd usc. On site hazardous waste treatment and storage facilitics shall bc subject to thc State siting criteria (RCW 70.105).Scc TMC 21.08. [Ord 2765 §38, 202.5 Ord. 2741 §4 (part), 2024) 18.26.040 B Scc TMC 18.60 for all rcquircmcnts for Dcsign Rcvicw. (Ord„ 2765 §33k 2025, OrdN 2741 4. (part), 20241 Office of the City Clerk 1 City of Tukwila Page 80 of 356 Return to Title 18.26.050 A. Dcvclopmcnt within thc RCM District shall conform to thc following listcd and rcfcrcnccd standards: Nonc RRc_ £tandard: Transit or Affordability Bonus: 3 dwclling units per parccl, plus 1 dwclling unit per 3,000 cq. ft. of lot arcs ovcr 3,000 sq. ft. 4 dwclling units per parccl, plus 1 dwclling unit per 3,000 SF of lot arcs ovcr 3,000 cq. ft. Setbacks: Frent £ccond Front / 8idcs / Rcar 20 fcct 10 fcct Setbacks any of 50' of CR or HDR): Front Sccond Front Sidcs (Pcr Floor) / Roar (Pcr Floor) 20 fcct 10 fcct 3r-d 10 fcct 20 fcct 30 fcct Rcfcr to TMC 18.52, "Landscapc Rcquircmcnts," Tablc A, for perimctcr and parking lot landscaping rcquircmcnts. Maximum Height 35 fcct, unlc:r; within Building Hcight Exccption Arcs (Scc Figurc 18 3) Recreation -Space O#-3trcct parking 200 squarc fcct per dwclling unit (1000 aquarc fcct minimum) 100 aquarc fcct per dwclling unit for scnior citizcn housing (Not rcquircd for middlc housing dwclling units) £cc TMC 18.56, Off strcct Parking & Loading Rcgulation Automobilc3 & BicycIc3 6enaeraion-to Rc3idcntial Scc TMC 18.50.230, Rcsidcntial Convcrsions rd.. 2 d5 §40, 2025; OrdN 275 § , 2025; OrdN 2 .1 ,4. (part), 2024) Office of the City Clerk 1 City of Tukwila Page 81 of 356 Return to Title CHAPTER 18.28 Ccctions: liitfeelttetion 18.28.010 18.28.020 18.28.030 TU148/11 A I IRBAN CENTER (TUC) DISTRICT Purpose and Oricntation How to Usc the Development Code Applicability and Dcsign Rcvicw 18.28.040 Districts 18.28.050 District Land Uscs 18.28.060 District Standards Taw c f8 o. 4 tract to da...GG 18.28.070 Structurc Hcight 18.28.080 Maximum Block Facc Length 18.28.090 Pcrmittcd Corridor Typcs for Ncw Strccts 18.28.100 Sidc and Roar Setbacks 18.28.110 Sidc and Rc�r Yard Landscaping Rcquircmcnts 18.28.120 Corridors 18.28.130 Corridor Rcgulations 18.28.140 Ncw Strccts 18.28.150 Public Frontagc Standards 18.28.160 Building Oricntation to StrcctlOpcn Space 18.28.170 Frontagc Building Coverage 18.28.180 Front Yard 18.28.190 On Sitc Surfacc Parking Location 18.28.200 Architectural Dcsign Standards 18.28.210 Front Yard Encroachmcnts 18.28.220 Spccial Corncr Feature 18.28.230 Landscaping Typcs 18.28.240 Ccncral Landscaping 18.28.250 Opcn Spacc Rcgulations 18.28.260 Ccncral Parking Requirements 18.28.270 Ccncral Parking Guidelines 18.28.280 Sitc Requirements Office of the City Clerk I City of Tukwila Page 82 of 356 Return to Title 18.28.010 Purposc and Orientation Thc purposc of this chaptcr is to implcmcnt thc goals and policics of thc Tukwila Comprchcnsivc Plan and Southccntcr SubarcPlan. This chaptcr contains thc primary dcvclopmcnt codc that will bc used to evaluate dcvclopmcnt projccts or improvcmcnt plans proposcd on propertics within thc Tukwila Urban Ccntcr (TUC) zonc arc€. Thc Codc contain) rcgulations govcrning Usc, Hcight, Building Placcmcnt, Public and Privatc Frontagc, Parking, Strccts, Blocks, Opcn Spacc, Landscaping, Sitc Dcsign, and Architecture. Scc thc Tukwila Comprchcnsivc Plan and Southccntcr Subarco Plan for more detail about thc long range vision for thc Plan arco and a discussion of City actions and invcstmcnts that support implementation of thc Southccntcr vision. (Ord.. 2711 §4 (part), 2021( 18.28.020 How to Usc thc Dcvclopmcnt Codc Thc Dcvclopmcnt Codc is organized into four primary scctions: 1. Dictrict based standards, 2. Corridor based standards, 3. Supplcmcntal dcvclopmcnt rcgulations, and /1. A separate Southccntcr Dcsign Manual. B. Following arc instructions on how to locate and rcvicw thc dcvclopmcnt rcgulations that apply to a spccific property: 1. Locatc thc property on thc Dictrict Map (Figurc 18 16), and Corridor Typc Map (Figurc 18 19). Idcntify which District and Corridor Typc(s) apply to thc property. 2. Rcvicw thc District Standards (Tables 18 2 and 18 3) and Corridor Standards (Figures 18 20 through 18 27) and idcntify thc specific standards for thc applicable Dictrict and Corridor Typc. Notc that thc tables and figures arc intcndcd as a summary and do not encompass all mandatory rcquircmcnts prcscntcd throughout thc dcvclopmcnt rcgulations. 3. Dictrict Baccd Standards (TMC 18.28.040 through 18.28.110) govcrn: a. Thc ucc of a building or cite; scc Tablc 2, "Land Uccs Allowed by Dictrict." b. Thc scale and configuration of thc built cnvironmcnt; scc Tablc 3, "District Standards." /1. Corridor Baccd Standards (TMC 18.28.120 through 18.28.200) govcrn: a. Thoroughfarc configuration, public frontagc conditions, building and parking placement, front yard landscaping, and architectural aspects of that portion of a building's fa;adc within thc first 185 feet of a parcel, mc�surcd from thc curb line providcd, howcvcr, that for Futurc Corridors mapped on Figure 18 19 these Corridor Standards do not apply until thc Corridor is activated by: (i) City acquiring thc right of way and installing thoroughfare and public frontagc improvcmcnts or lawfully rcquiring dcdication and installation of thc same in conncction with a projcct proposal; or (ii) an applicant or owncr ciccts to install thc Corridor improvcmcnts and providc public access in conncction with adjoining dcvclopmcnt. Scc thc Corridor Standards (Figures 18 20 through 18 27). b. Morc detailed information about thc dcvclopmcnt rcgulations and guidclincs that apply to such Corridor can bc reviewed in thc subsequent scctions. Thcsc rcgulations arc set forth to cnsurc that thc configuration, location, orientation and design of ncw dcvclopmcnt match thc envisioned character of all ctrccts and opcn spaces in thc Plan arco. 5. Supplcmcntal Dcvclopmcnt Rcgulations (TMC 18.28.220 through 18.28.280): Thcsc sections contain regulatory dcfinitions, rcquircmcnts and guidclincs that arc common for all propertics in Southccntcr. Thcy address front yard encroachments, special corncr features, ncw ctrccts configurations and guidclincs, opcn space, landscaping, site componcnts, and parking. C. Interpretation of thc Dcvclopmcnt Codc. Most scctions of thc codc future thc following cicmcnts: 1. Purpozc. Purpose statements arc overarching objcctivcs. Office of the City Clerk 1 City of Tukwila Page 83 of 356 Return to Title 2. Standards. Standards usc words such as "shall", "must", or "islarc rcquircd", signifying rcquircd actions. 3. Guidelines. Cuidclincs usc words such as "should" or "islarc recommended", signifying voluntary mc€sures. 4. Alternatives. Somc standards within thc code allow applicants to proposc alternative mcthods of mccting thc particular standards. In such cases, thc applicant shall demonstrate how thc proposal mccts thc purpose of thc standard and thc overall objcctivcs of thc Plan. D. Scc thc Applicability and Dcsign Rcvicw scction (TMC 18.28.030) to dctcrminc how thc provisions in this chaptcr apply to propertics in thc TUC zonc and which othcr Tukwila codcs may apply to a spccific property. N rd 2141 §4 (part), 20241 18.28.030 1. Thc provisions of this chaptcr apply to propertics within thc Southccntcr Plan Arca, shown on thc District Map (Figure 18 16). 2. Thc provisions of this chaptcr shall modify thc rcgulations and othcr provisions in TMC 18, providcd that thc rcgulations and provisions of thc entire TMC shall apply whcn not specifically covcrcd by this chaptcr; and, furthcr, providcd that whcrc TMC 18 and thc goals of thc Southccntcr Subaru Plan and this chaptcr arc found to bc in conflict, thc provisions of this chaptcr shall apply unlcsc otherwise notcd. 3. Areas within 200 feet of thc Ordinary High Watcr Mark (OHWM) of thc Crccn Rivcr arc subjcct to thc rcgulations in TMC 18.44, "Shorclinc Ovcrlay," which supersede this chaptcr whcn in conflict. Areas mccting thc definition of sensitive areas or sensitive arco buffers arc subject to thc rcgulations of TMC 18.45, "Environmentally Critical Arcs," and TMC 18.54, "Urban Forestry and Trcc Rcgulations." 5. Alterations to non conforming structures, uses, landscape areas or parking lots shall bc madc in accordancc with thc standards in TMC 18.70, "Non Conforming Lots, Structurcs and Uscs," cxccpt that existing structures greater than thc applicable district's maximum building hcight at thc time of adoption of Ordinancc No. 2443 (cffcctivc Junc 10, 2014) shall not bc considered non conforming as to hcight provisions. 6. Tukwila has adopted local amendments to thc International Building and Firc Codcs, which should bc reviewed early in thc dcvclopmcnt process; scc TMC 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, subdivisions, and binding site improvcmcnt plans, shall bc subject to thc rcquircmcnts of TMC 17, "Subdivisions and Plats." 8. Signs shall bc regulated according to Titic 19, "Sign and Visual Communication Codc." 9. Public and private infrastructure must bc designed and built in compliance with thc standards contained in the currcnt cdition of thc Tukwila Public Works Dcpartmcnt Infrastructurc Dcsign and Construction Standards. B. Intensification of Uzc. Maximum block facc length (TMC 18.28.080) and public frontage improvcmcnts (TMC 18.28.150) arc rcquircd whcn an individualized assessment by thc Director dctcrmincs that the improvcmcnts arc rc�sonably necessary as a dircct result of thc transportation impacts of a proposed dcvclopmcnt. C. Pad Development, Expansions or Complctc Redevelopment. 1. Construction of a ncw pad building on a sitc with cxisting dcvclopmcnt shall mcct all rcquircmcnts for thc ncw structure, and any altcrations to non conforming landscape areas or parking lots shall bc madc in accordancc with the standards in TMC 18.70, "Non Conforming Lots, Structurcs and Uscs." 2. Expansions of cxisting buildings shall mcct all rcquircmcnts for thc ncw portions of thc structure, and any altcrations to non conforming landscape areas or parking lots shall bc madc in accordancc with thc standards in TMC 18.70, "Non Conforming Lots, Structurcs and Uscs." Office of the City Clerk 1 City of Tukwila Page 84 of 356 Return to Title 3. Development of a vacant sitc or complctc redevelopment of a sitc shall rcquirc compliance with all of the standards and guidclincs in this chaptcr. D. Dcsign Rcvicw. (Table 18 1) 1. Dcsign rcvicw for projccts located in thc TUC: a. Projccts mccting thc thrcsholds for dcsign rcvicw sct forth in TMC 18.28.030.D.1.b. shall bc cvaluatcd using applicablc rcgulations in this chaptcr and thc guidclincs sct forth in thc Southccntcr Dcsign Manual. Work performcd within thc interior of a structurc docs not triggcr dcsign rcvicw or application of District or Corridor Standards. b. Major rcmodcls and small scale projects. Projccts mccting any one of thc following criteria shall bc subject to Dcsign Rcvicw pursuant to TMC 18.60): (1) Ncw non residential structures grater than 1,500 square fcct in sizc (total on prcmiscs). (2) Ncw rccidcntial or mixcd ucc buildings. (3) Any cxtcrior repair, rcconstruction, cocmctic alterations or improvcmcnts, whcn thc cost of that work cxcccds 10% of thc building's currcnt assessed valuation (thc cost of repairs to or rcconstruction of roofs scrccncd by parapet walls is cxcmpt). Compliancc with corridor baccd architcctural dcsign standards and building orientation is rcquircd for existing buildings only if thcy arc destroyed by any mans to an cxtcnt of morc than 50% of thcir replacement cost at thc time of dcstruction, in thc judgment of thc City's Building Official. (1) Exterior cxpancions grater than1,500 cquarc fcct in size (total on prcmiscs). d. Minor remodels and vcrysmall scale projects. Projccts NOT mccting thc dcsign thrcsholds set forth in TMC 18.28.030.D.1.b. arc not cubjcct to deign rcvicw and shall bc cvaluatcd using applicablc rcgulations in this chaptcr EXCEPT for thc corridor based architcctural dcsign standards. NOrd. 2741 §4 (pant),2024) Office of the City Clerk 1 City of Tukwila Page 85 of 356 Return to Title 1-848:940 Districtb A. Fivc Districts arc hcrcby cstablishcd within thc Tukwila Urban Ccntcr in thc spccific locations and with thc spccific namcs indicatcd in thc District Map (Figure 18 16). Districts A Commercial Corridor Pond Regional Center Transit Oriented Development Workplace Southcc�ceeenn�ntter Plan Boundary III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IONE MOM S 178th elty oi000mooi tnleBI �NI�IDIDJJO,V D! r )I, /Illa , //0/1// J,//0/CIDf1101,111Ny;�/�pI9 .1� 1 f�l/ IF Ill I/ ans Blac an . er BINEI vd UlIBRAff fff mmHg ! l rwzrza VP/ \ , itumwmai C1 Office of the City Clerk 1 City of Tukwila Page 86 of 356 Return to Title & Districts Purposc. 1. TUC RC, Rcgional Ccntcr. Thc arcs in thc vicinity of Wcstficld Southccntcr Mall, with c€sy access to thc bus Transit Ccntcr, is intcndcd to providc an area that will continuc to infill and intcnsify with morc rctail, scrviccs, and cntcrtainmcnt uscs southward toward Strandcr Boulcvard and c€astward across Andovcr Park Wcst. Ovcr thc long tcrm, infill dcvclopmcnt on thc high valuc property of thc Mall may continuc thc transition from surface parking to structured parking, and may bc increasingly charactcrizcd by mid risc or high risc building componcnts built ovcr thc rctail base. 2. TUC TOD, Transit Oricntcd Development (TOD) Ncighborhood. Thc area cxtcnding from thc bus transit ccntcr on Andovcr Park Wcst eastward towards thc Sounder commutcr raillAmtrak station is intcndcd to providc a morc compact and vibrant mix of housing, officc, lodging and supportivc rctail and scrvicc uscs. Parking will bc accommodated by a combination of off and on strcct parking spaccsllots. Thc overall structurc of thc TOD Ncighborhood will bc charactcrizcd by nnodcratc dcvclopmcnt intcncitics and building hcights. A finc grained network of strccts with pcdcctrian amenities will increase thc walkability of thc area. 3. TUC P, Pond District. Thc northern cdgc of thc Pond District is intcndcd to providc an area of highcr dcncity mixcd use dcvclopmcnt ovcr rctail, rcctaurants and ccrviccs, oricntcd towards thc Pond and a pavcd waterfront ccplanadc. Maximum building hcights will bc lower than in thc adjacent Regional Ccntcr District, to providc sunlight to and vicws of the Pond. Thc cactcrn, western, and couthcrn cdgcs of thc Pond will bc charactcrizcd by a morc natural park cnvironmcnt. Buildings will bc separated from thc Pond by strccts on thc eastern and southcrn cdgcs, and stcppcd down in hcight toward thc water to prcscrvc vicws. Cround floors on thcsc cdgcs will rangc from officc to support scrviccs and rctail uscs, with more private uccs like rccidcntial above. 1. TUC CC, Commcrcial Corridor District. Southccntcr Parkway will continuc to feature auto oricntcd rctail and ccrviccs in a manner similar to thc cxicting patterns of dcvclopmcnt in that area. 5. TUC WP, Workplace District. Thc large couthcrn portion of thc plan area will continuc to providc a widc rangc of distribution, warchousing, light industrial, "big box" rctail, and furniturc outlets, with incremental infill by officc and othcr complementary commercial uccs. Rccidcntial uccs may front thc Grccn Rivcr. C. Thc scale and pattern of all dcvclopmcnt shall bc governed by thc standards and rcgulations for thc applicable District. (Ord. 2711 §4 ( part), 20211 18.28.050 District Land Usca A For permittcd uccs of a building or cite, ccc Table 18 2, "Land Uccs Allowed by District." 17 All Districts apper in thc top row of thc table. 2 Thc uscs arc organizcd by category and if allowed in a District arc listed as cithcr Pcrmittcd (P), Accessory (A), Conditional (C), or Unclasrcificd Ucc Pcrmit (UUP). 37 All permittcd uscs for a single district arc allowcd cithcr alone or in combination with any othcr permittcd uscs within a parcel. '1. Othcr uccs not cpccifically lictcd in this title arc permittcd should thc Director dctcrminc thcm to bc similar in nature to and compatible with othcr uscs permittcd outright within a District, consistcnt with thc stated purposc of thc District, and consistcnt with thc policies of thc Southccntcr Plan. NOrd. 2741 §4 (part), 20241 18.28.060 Ar For thc scale and configuration of thc built cnvironmcnt, ccc Table 18 3, "District Standards." 17 All Districts apper in thc top row of thc table. 2 Thc primary rcgulations arc lictcd in thc Icft most column of thc table in thc order that thcy appear in thc tcxt. Office of the City Clerk 1 City of Tukwila Page 87 of 356 Return to Title 37 Thc development standards that apply to such District can bc rcvicwcd by cross rcfcrcncing a regulation with a District. 4 More detailed information about thc rcgulations and guidclincs that apply to c€ach District can bc rcvicwcd in the Tukwila Municipal Codc scction rcfcrcnccd in thc row sub headings. Thcsc rcgulations arc sct forth to cnsurc that thc hcight and setbacks of ncw buildings and thc scalc of ncw blocks and strccts arc consistcnt with thc purpose of each Southccntcr District. V[Ord.. 27 .1 §4 (I a 0), 20241 18.28.070 Structurc Hcight A. Thc minimum and maximum hcight of a structurc shall bc as spccificd by District or modificd by a special hcight overlay. Scc Tablc 3, "District Standards." 1. Structurcs oricntcd to Baker Boulcvard shall have an average hcight at last as high as thc minimum listed in Table 18 3, "District Standards." B. Pond Edgc Hcight Limit. 1. Development located within 150 feet of thc edge of Tukwila Pond is not cligiblc for inccntivc hcight increases. 2. Thc maximum hcight in this location shall bc as cpccificd by District. C. Public Frontagc Improvcmcnt Hcight Inccntivc. 1. As an inccntivc to providc public frontagc improvcmcnts and/or ncw strccts that arc not othcrwisc rcquircd under this codc, allowablc ctructurc hcights may bc increased to thc limits as cpccificd for each District as shown in Table 18 3, "District Standards," whcn: a. Dcvclopers construct public frontagc improvcmcnts along thcir parcel frontagcs on cxisting strccts, conctructcd to thc standards of this codc; or b. Dcvclopers construct ncw 20 foot widc half strccts with onc side of public frontagc improvcmcnts, conctructcd to thc standards of this codc; or c. Thc cxisting cidcwalk width and configuration along a parccl's frontagc mccts or cxcccds thc public frontage standard and, whcn avcragcd, thc landscape width and strcct trcc spacing mcct thc rcquircd public frontagc standard. Additional sidewalk width may substitute for an equal area of landscaping. d. In order to take advantage of this inccntivc, thc public frontagc improvcmcnts must start and stop at property boundaries, intcrccctions or traffic signals and transition safely to ncighboring conditions. 2. Thc public frontagc hcight inccntivc will bc applicd proportionally to parcels with morc than onc frontagc baccd on thc following: a. Each frontagc will bc evaluated ccparatcly baccd on its Corridor Typc's public frontagc standards. b. Thc hcight bonus will bc applicd to a perccntagc of thc total building footprint(s) on cite baccd on the perccntagc of the parccl's total public frontagc that, whcn avcragcd, mccts thc public frontagc standard. For example, whcn avcragcd, if onc of a parccl's two similar length frontagcs mccts thc corridor's public frontagc standard, thcn 50% of thc total building footprint on sitc is cligiblc for thc hcight inccntivc. 1. As an inccntivc to construct rccidcntial dwelling units, allowablc ctructurc hcights may bc increased to thc limits cpccificd in Table 18 3, "District Standards." 2. Structurcs may bc completely rccidcntial or mixcd ucc, with rccidcntial uses comprising at last half of the occupicd floor area of thc building. E. Structurcs qualify for increased hcight as sct forth in Table 18 3, "District Standards," whcn integrating any of the following combination of hcight inccntivcs: Office of the City Clerk 1 City of Tukwila Page 88 of 356 Return to Title 1. In the TUC-TOD District, allowable structure heights may be increased to 115 feet for developments that meet both the frontal improvcmcnt and multi family hcight inccntivc rcquircmcnts. 2. In thc TUC TOD District, allowablc structurc hcights may bc incrciscd to 115 fcct for dcvclopmcnts that achicvc a LEED certification of silvcr or highcr and mcct cithcr thc frontal improvcmcnt or multi family hcight inccntivc rcquircmcnts. 3. In thc TUC TOD District, allowablc structurc hcights may bc incrc€ascd to 115 fcct for dcvclopmcnts that mcct thc multi family hcight inccntivc rcquircmcnts and make at Ic€ast 20% of thc residential units affordablc per thc standards in WAC 365 196 870. For rcntal units, affordability is sct at 50% of thc county mcdian family incomc, adjustcd for family sizc. For owncr occupicd units, affordability is sct at 80% of thc county mcdian family incomc, adjustcd for family sizc. NOrd 214.1 4 (pant), 2024 18.28.080 A. Definition. Block facc Icngth is a moacurc of a Icngth of a block, in fcct, from curb facc to curb facc of two intcrcccting and publicly acccssiblc strccts (public or privatc). Scc Figurc 18 17 (below). Figurc 18 17: Block facc Icngth Regt+letien7 1. Whcn rcquircd per TMC 18.28.030.B, dcvclopmcnt sites (propertics or asccmblagcs of contiguous propertics) with a block facc that cxcccds thc cpccificd maximum block facc Icngth standard must construct new publicly acccsrcible strccts in locations that result in thc crcition of city blocks that do not cxcccd thc maximum block facc Icngth for that District. 2. For thc purpoccs of dctcrmining block facc Icngth, alleys arc concidcrcd as part of thc interior of a block. For dcvclopmcnt sitcs boundcd by rivcrs or ponds, property lines along thc adjacent watcr body and pcdcstrian ways providing waterfront access may qualify as dcfining thc cdgc of a block. In no othcr case shall pcdcstrian ways qualify as dcfining thc cdgc of a block. 3. Ncw strccts must bc designed, configurcd, and located in accordancc with TMC 18.28.140, "Ncw Streets." Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 89 of 356 Return to Title 18.28.090 Pcrmittcd Corridor Typcs for Ncw Strcctb Ncw strccts built to satisfy maximum block facc rcquircmcnts or built voluntarily by a dcvcloper that arc not shown Standards." Scc TMC 18.28.140, "Ncw Strccts," for morc dctails. rridor Comm :omdid Coredo r Fro MBy rootage Corridor wd Future Commere tar Corridor Verrigh borbodd Corridor Future Nridghb rlhaod Cann 1Dr am Pedestrian V1lalkwayp ld.rd wte Pond Espkanzado dread Corridor Future Urb rrCorrddor 'Welikable Corrpor Future WorkahOo Corridor Vitirorkpdace Corrkicr :. Fukusra. Workpkr*co Corridmr Nig Bhdd orate, nmr�r��rma� rm titer Mid r�0r Vrlrll7dllUN z Lff ti/ (Evans D! "fi Trier* s �fl d rife (�1/(/%Ili,,,, i ii Ch 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 90 of 356 Return to Title 18.28.100 Sidc and Rnr Sctback3 • Thc width of sidc and wr sctbacks shall bc as spccificd by Table 18 3, "District Standards." 8 Front yard sctbacks arc spccificd by thc Corridor Standards (Figures 18 20 through 18 27). Nard 2741 §4 (par , 20241 18.28.110 Sidc and RcarYard Landscaping Requirement) • Thc width of sidc and wr yard landscaping shall bc as spccificd by Tablc 3, "District Standards." Sidc and rear yard landscaping shall bc designed, planted and maintaincd as spccificd in TMC 18.28.230.B, "Side and Re r Yard Landscapc Typcs," and TMC 18.28.240, "Ccncral Landscaping." (Ord.. 2741 §4 (pant), 20241 18.28.120 Corridor) A. Purpose. To providc standards spccific to a hicrarchy of corridors and to implcmcnt thc vision for Southccntcr as cct forth in thc Subaru Plan. B. A Corridor consists of thc following cicmcnts (scc figure 18 18 below): 1. Strcct: Compriscd of thc thoroughfare and public frontagc. a. Thoroughfarc Includes thc moving and parking lanes from curb facc to curb facc. b. Public Frontage Thc portion of a property bctwccn thc curb facc and back of sidcwalk, including thc sidcwalk and any sidcwalk landscaped areas. Public frontagc is also associated with pcdcctrian walkways and opcn spaces, such as Tukwila Pond or thc Crccn Rivcr. thc ctrcct, pcdcctrian walkway or opcn space, and portions of all primary building facades up to thc top of thc first or second floor, including building cntranccs, locatcd along and oricntcd toward thc street, pcdcstrian walkway or opcn spacc. C. Eight Corridor Typcs arc hcrcby established in thc cpccific locations and with thc cpccific namcs indicatcd in Figurc 18 19, "Corridor Typc Map." 1. Walkable Corridors. To providc and support a high quality pcdcstrian wlm for shopping and strolling along active retail, Dating and entertainment uses, with buildings pullcd up to thc ctrcct and parking locatcd to thc side or rear, on Southccntcr's primary strccts connccting thc Mall, Tukwila Pond, thc Transit Ccntcr, and thc Soundcr Commutcr RaillAmtrak Station. Sidewalks associatcd with thcsc Corridors should bc widc and unobstructcd to providc ample room for pedestrians to walk, and, whcrc appropriate, to encourage activities including outdoor dining and locations for kiosks, food carts, and flowcr stalls. Office of the City Clerk 1 City of Tukwila Page 91 of 356 Return to Title 2. Pcdcstrian Walkways. Thc dcsign and location of this corridor is intcndcd to supplcmcnt thc cxisting and futurc ctrcct nctwork with non motorizcd pathways; to support and fostcr an alternative modc of travel to motorizcd vchicics within thc arc; and to providc a safc, plcsant, and dircct routc for pedestrians bctwccn significant activity arcs (such as the Soundcr Commutcr RaillAmtrak Station and Bakcr Boulcvard, and thc Mall and Tukwila Transit Ccntcr with Tukwila Pond Park). Pcdcstrian walkways should bc widc with amenities such as trccs, planters, bcnchcs and othcr strcct furniturc. Buildings should bc pulled up to thc cdgc of thc corridor and dcsigncd to bc pcdcstrian fricndly. Whcrc appropriate, uses such as kiosks, vicwing arcs, food carts and flowcr stalls shall bc encouraged along this corridor. Walkways will bc well lit to crctc a safc night timc cnvironmcnt. lanadc cnvironmcnt along thc northern cdgc of Tukwila Pond Park that functions as a focal point and central gathering spot for thc urban ccntcr, suitable for shopping or strolling. The ccplanadc is intcndcd to bc integrated with adjoining retail and rcctaurant activities, pro ' to augment thc shopping, sting and othcr uscs in thc vicinity. �. Neighborhood Corridors. To providc an intimately scaled pcdcstrian cnvironmcnt within northern Southccntcr's highcr dcncity mixcd ucc neighborhoods, in a "complete strccts" cctting with on ctrcct parking and bicycles sharing thc roadway with vchicics. 5. Urban Corridors. To providc an attractivc ctrcctccapc along thc crossroads in thc urban ccntcr, which provide grctcr capacity for transit and auto traffic, with modcst improvcmcnts for pcdcstrian safcty. 5. Commercial Corridors. To providc greater capacity for vchicics, and attractivc strcctscapcs along hcvily travcllcd roadways ccrving auto oricntcd commercial uscs, with modcst improvcmcnts for pcdcstrian safcty. 7. Freeway Frontagc Corridors. To providc heavily travcllcd parkways oricntcd towards both thc arc's freeways and Wcctficld Southccntcr Mall, with modcst improvcmcnts for pcdcstrian safcty. 8. Workplace Corridors. To providc strccts ccrving truck loading and parking acccsc for primarily warehouse/distribution uscs in thc southern part of thc Southccntcr arc, with modcst improvcmcnts for pcdcstrian safcty. NOrd 2/11 §4 (pant), 26211 18.28.130 A. This scction contains rcgulations and guidelines for thc provision, dcsign, and configuration of ncw and cxisting ctrccts and adjacent public and privatc frontagc to ensure that these componcnts of a Corridor support thc type of dcvclopmcnt desired within ccl}district, enhance thc conncctivit cnvironmcnts, encourage walking, and providc sufficient capacity and proper acccscibility and circulation as thc area intensifies. B. Thc form of all dcvclopmcnt along a strcct, primary opcn space, or water body shall bc governed by thc standards and rcgulations of thc applicable Corridor Typc. Corridor Typc cctablichcs thc following: 1. For cxisting strccts: A specific configuration of thc public frontagc. 2. For ncw strccts: A cpccific configuration for thc thoroughfare and public frontagc. 3. For cxisting and ncw strccts: Spccific privatc frontagc rcquircmcnts. 1. For projccts that triggcr dcsign rcvicw: Architectural Dcsign Standards. C. Modifications. An applicant may propocc modifications to thc Corridor standards. Modifications must bc approved by thc Dircctor as a Typc 2 decision (TMC 18.104). Thc applicant must show that thc modified Corridor dcsign: 1. Satisfies thc urban dcsign goals as stated in each Corridor Typc's purposc, rcquircmcnts, and dcscription; 2. Is dcsigncd to transition safcty to thc cxisting conditions at cithcr cnd; and Office of the City Clerk 1 City of Tukwila Page 92 of 356 Return to Title 3. Enhances thc strcctscapc of thc site and adjacent dcvclopmcnt. D. Summary of Standards. Figures 18 20 through 18 27summarizc thc corridor rcgulations. TMC 18.28.140 through 18.28.200 providc supporting details. (Ord.. 2741 §4 (pant), 20241 18.28.140 N"• ts A. Purpose. Ncw strcct rcgulations cnsurc thc creation of an appropriatc sizcd nctwork of blocks, strccts and pedestrian paths that will support thc envisioned futurc dcvclopmcnt. B. Regulations. 1. Ncw strccts shall bc required whcn an individualized assessment by thc Dircctor dctcrmincs that the improvcmcnts arc roaconably ncccsrcary as a dircct moult of thc propoccd dcvclopmcnt. Ncw ctrccts may also bc providcd voluntarily by a developer, or constructcd by thc City. 2. 11 Ncw S4r-ectz: a. Ncw ctrccts shall bc dcoigncd baocd on thcir Corridor Typc. b. Ncw strcct locations must mcct safety and spacing rcquircmcnts, as approvcd by thc Public Works Dircctor. c. Ncw ctrccts may bc publicly or privately owncd and maintained, as approvcd by thc Public Works Dircctor. d. Ncw ctrccts shall conncct with cxisting ctrccts and bc configured to allow for futurc cxtcnoion whcncvcr possible. c. Permanent doad cnds shall not bc permitted, unlcsc thc ncw strcct doad cnds at a public acccsc point to thc Crccn Rivcr. f. In ordcr to maintain thc accessibility providcd by thc block structurc of thc urban ccntcr, cxisting public ctrccts or allcys may not bc cloned permanently unless thc closure is part of thc provision of a nctwork of ncw ctrccts that catisfics all strcct rcgulations. g. Ncw allcys and passageways do not satisfy strcct provision rcquircmcnts. h. Ncw ctrccts arc encouraged to bc located along oidc property lines. Thcoc ncw ctrccts may require coordination with ncighboring property owncrs in ordcr to maximize thc continuity of thc ncw strcct nctwork. I, As part of ncw strcct construction or oidcwalk improvcmcnts, landocapcd areas within thc strcct right of way should bc designed to bc functional stormwatcr treatment facilities whcrc appropriatc. Nard. 2741 §4 (pant), 20241 Office of the City Clerk 1 City of Tukwila Page 93 of 356 Return to Title 18.28.150 Public Frontagc Standarda Regulations. 1. Public frontagc standards cstablish a spccific configuration of improvcmcnts that match thc configuration and design of ncw and cxisting thoroughfarcs. Scc Figure 18 28 for an cxamplc of public frontagc. Figur-e-48-28-hr-ee-emempies-ef-publie-fr-ei+tages tree 14BACK OF SIDEWALKO I POND, PROPERTY LINE SIDEWALK „ III ,I"',,, 0 / . I / I i 1 mow . ig':, ' ' , ' 04 _ __.__________ ____..ifL________iim STREET ).',' k sidewdlk rnin. PEDESTRIAN WALKWAY 25' ESPIANDE 2. Installation of ncw public frontagc improvcmcnts, if rcquircd by TMC 18.28.030.B or constructcd voluntarily, chall bc as spccificd by thc Corridor Typc's public frontagc standards (scc Figurcs 18 20 through 18 27) along all parcel frontagcs, cxccpt whcrc thc public frontagc arc alrdy contains thc rcquircd fcturcs. 3. In instanccs whcrc cxisting public frontagc areas alrdy contain fcturcs that arc sufficicntly similar to those rcquircd in thc Plan, all or part of thc rcquircd public frontagc rcquircmcnts may bc waivcd by thc Dircctor. 4. In instanccs whcrc ncw strccts arc rcquircd or constructcd voluntarily that is, in instanccs whcrc thcrc arc no cxisting public frontagc conditions thc public frontagc shall bc configurcd as spccificd by thc Corridor Typc's public frontage atandards. Scc Figurcs 18 20 through 18 27. 5. Thc cxact location of thc ncw back of sidewalk may or may not coincidc with thc front property linc. As a moult, ncwly installcd public frontagc improvcmcnts may bc partially locatcd on privatc property. 6. Along Tukwila Pond, all public frontagc improvcmcnts arc mcsurcd from thc pond property linc. 7. Each block shall havc no morc than 40% of thc samc spccics of largc, opcn habit dcciduous trccs. To provide optimum canopy covcr for thc strcctscapc, each block shall bc plantcd with dcciduous trccs at intcrvals sct forth in the Corridor Standards (Figurcs 18 20 through 18 27). Spacing shall bc a function of maturc crown sprc\ad, and may vary widcly bctwccn spccics or cultivars. Thc trccs shall havc a minimum branching width of 8 fcct within 5 yoars and whcn maturc shall bc large broad canopy spccics scicctcd from thc City's rccommcndcd strcct trcc list cstablishcd for each corridor. 8. Pedestrian ccalc dccorativc strcct lighting shall bc installcd with a maximum spacing consistent with rccommcndations of thc Illuminating Enginccring Socicty of Amcrica (IES). Thc light source shall bc locatcd 12 to 14 fcct abovc finishcd gradc. Whcrc vchicular lights arc nccdcd, vchicular lighting hcight and location should bc consistcnt with IES fCCOMmcndations. 0. Whcrc appropriatc, spccial paving pattcrns should bc uscd to cmphasizc thc pcdcstrian realm within thc public frontagc. Thc sidcwalk shall includc a 1 foot widc pavcd auto passcngcr landing locatcd along thc curb whcrc on strcct parking is prcscnt. 10. Strcct furnishings such as bcnchcs and trash rcccptacics shall bc providcd whcrc appropriatc. B. Exccptions. 1. In instanccs whcrc installation of rcquircd public frontagc improvcmcnts as part of on cite construction arc found to bc impractical for cxamplc in instanccs whcrc thc privatc frontagc is particularly narrow or fragmcntcd thc property owncr may pay an in lieu fcc covcring thc construction cost to install thc rcquircd public frontagc improvcmcnts whcn thcy can bc combincd with thosc on adjaccnt propertics or as part of a City sponsorcd strcct improvcmcnt program with thc approval of thc Dircctor. Office of the City Clerk 1 City of Tukwila Page 94 of 356 Return to Title 2. Whcn public frontagc improvcmcnts arc triggcrcd by development on a portion of a larger sitc and thc cost of thc public frontagc improvcmcnts is disproportionate to thc triggering work, thc Director will dctcrminc thc degree of compliance. (Ord.. 2741 4 (pant), 20241 18.28.160 A. Intent. Thc building oricntation to strcct provisions arc intcndcd to implcmcnt thc vision for Southccntcr by crating a network of "complctc strccts" and corridors that providc pcdcstrian comfort, bicycic safety, and automobile movcmcnt according to thcir location and necessary function in thc overall arc. Thc provisions hcrcin includc a hierarchy of strcct or "corridor" typcs ranging from vibrant and activated shopping and dining frontages (Walkable Corridors) to thc Workplace Corridors, which accommodate significant truck traffic and support warehouse/distribution uscs. Thc design provisions intend to physically enclose thc ctrcct or pcdcstrian corridor to croatc thc sense of an outdoor room with conncctions across the ctrcct to thc extent appropriate for thc particular strcct or corridor typc. This is accomplished by locating buildings closc to thc ctrcct and containing visible pcdcstrian cntrics dircctly acccsciblc from thc ctrcct, with parking aroas predominately located to thc side or rcr of buildings along most corridors. B. Regulation. 1. Building oricntation is rcquircd or not rcquircd, as cpccificd by Corridor Typc (scc Figurcs 18 20 through 18 2. A building is oricntcd to a ctrcct or opcn cpacc (Figurc 29) if thc building has a primary public entrance that opcns dircctly on to or facing new or cxicting strccts or opcn cpacc, cxcluding alleys. Scc Scction 7 of thc Southccntcr Design Manual for additional standards and guidclincs for entrances. Direct pedestrian entries into building from sidewalk. Vehicular access to the side of building with parking to the side, rear, andl/or under/within building 3. Where building oricntation to strcctslopcn spaces is rcquircd for thc applicable Corridor Typc, wcthcr protcction at Ieact 6 feet in width along at Icact 75 percent of thc facade must be provided (scc Figurcs 18 30 and 18 31). Scc Scction 14 of thc Southccntcr Dcsign Manual for additional standards and guidclincs for wcthcr protcction. Office of the City Clerk 1 City of Tukwila Page 95 of 356 Return to Title Figur-e-48-80-9emple-of-feetur-es-ofi-a-lauikiing-er-ieftteei-te-str-eet Weather protection: At least 6' deep 1Cr windows/ transparency: At least 75% of facade between 24'' and 10' Entry: facing street t 6, Figttr-e-48-84E*ampies-of-lauileiing-er-ief+tatien-te-9tr-eets4-epefi-spaee-tr-eetmef+ts 0000 iiii.origvioiliiiiiit () v om '' 1111111 livilliviviiiiiiiiiiiiiiiiiii iv iliiiiiiiouillovillillillillillillillillilllli 10100000000100100111111111110111111111 1111lliiiiiiiiiiiiiiiiiiiiiiillooriiiili0000lo 1 11111111 1111111111111 111111111 ./tIf1111.$1100...,1,ii;liv1v1itiy,pllipliv,iv,,v.v.v.v, ."'...1111111100- villIrvII.1»1111.'"""nn 111.10.14 ,„,„„„,,,,,,,i('00000000 1,W..!!1, 1111101110001VV ( /))10v1v ..v 11.11111JVVVVVVVV11.........J....j.,1„„Vililiv;;; ,,,, .:, ............ 1 1,datv0.1,::,..,!vv11111111. ,............!.:,',...,...!..!)..., „.,:,,,,:„.,•,,,,.., 111111111111111111111111111111111 11111111111I 1111111111111111111 111111 mil 1111 11 iiiiiiiiiiii111111111;;;;;;11111111111111111111111111111111111111111111111111111111111111111111111111111100111111ililloilloiloilloilliiiilltvillioliiii111111ttlo 1111111111111 111111111 11,11.11-601010101111111"iiiildill III 1 1111 ,1111111,111111,111iiiirili iftlitharkip, " ‘,11'',,,1 1111011111111111 1111[11111110 1. Parking structurcs, garagcs, and acccssory buildings arc permittcd and cncouragcd to bc locatcd along allcyo in licu of strccts or opcn spaccs. Thosc portions of parking structurcs, garagcs, and acccssory buildings that arc within 185 fcct of thc strcct arc subjcct to applicablc Corridor Standards (scc Figurcs 18 20 through 18 27. C. Corncr Parccls. Ncw buildings locatcd at thc intcrscction of two or morc Corridors whcrc building oricntation is fcquircd shall havc an cntrancc(s) oricntcd towards at Icst onc Corridor to bc dctcrmincd by thc dcycloper. VOrd 2141 §4 (part), 26241 Office of the City Clerk 1 City of Tukwila Page 96 of 356 Return to Title 18.28.170 Ffentege-Bui4ding-GoveFage A. Rcgulations. 1. Frontagc building covcragc is thc perccntagc of thc Icngth of thc strcct frontagc that is occupicd by a primary building faQadc(s) cxcluding any sidc yard sctbacks (Figurc 18 32). Figur-e-48-82r-entage-Bruilding-Gever-age RONT STREET BACK OF SIDEWALK MIN FRONT YARD SETBACK MAX FRONT YARtSETTACX FRONTAGE COVERAGE ZONE 1 FRONTAGE X COVERAGE - y X 00 %) 2. Minimum building frontagc covcragc perccntagcs arc rcquircd by thc Walkablc Corridor and Tukwila Pond Esplanadc Corridor Typcs (scc frontagc building covcragc minimum in Figures 18 20 and 18 22). 3. Whcrc rcquircd, all ncw dcvclopmcnt shall includc buildings sitcd such that minimum frontagc building covcragc rcquircmcnts arc mct. B. Exccptions. 1. In ordcr to providc vchicular acccss to parking arcs in thc intcrior or at thc rcr of a parccl if no othcr acccss b availablc, vchicular brcczcways may count toward frontagc covcragc rcquircmcnts. a. A vchicular brcczcway is a covcrcd drivcway pcnctrating thc building. b. Thc width of a vchicular brcczcway shall not cxcccd thc width of thc curb cut plus thc width of an adjaccnt pcdcstrian cidcwalk. In ordcr to conncct thc public sidcwalk with activc opcn spaccs, courtyards, parking arcs, and allcys in thc intcrior or at thc rc\ar of a parccl, pcdcstrian passagcs dcsigncd to thc standards in thc Opcn Spacc Rcgulations, TMC 18.28.250.E.2.j, may count toward frontagc covcragc rcquircmcnts. (Ord„ 2741 §4 (part), 2024) 18.28.180 Front Yard A. Sctback. 1. Thc minimum and/or maximum rcquircd front yard sctback shall bc as spccificd in thc applicablc Corridor Standards. Scc Figurcs 18 20 through 18 27. 2. Sctbacks for thc Walkablc Corridor may bc incrcmcd to allow for additional pcdcstrian spacc (scc Figurc 18 33) bctwccn thc cidcwalk and thc building. ( Figurc 18 33: Examplc of cxcccding maximum building GctbackG to providc pcdcGtrian Gpacc Office of the City Clerk 1 City of Tukwila Page 97 of 356 Return to Title iviirti Ji , B. Landscaping. 1. Thc minimum rcquircd landscaping shall bc as spccificd in thc applicablc Corridor Standards. 2. Front yard landscaping shall bc designed, planted and maintained as specified in TMC 18.28.230.A, "Front Yard Landscapc Typcs," and TMC 18.28.240, "Ccncral Landscaping." 3. Front yard landscaping rcquircmcnts shall bc waived if the publicfrontagc improvcmcnts arc built to thc rcquircd standard. Exccptions: perimctcr parking lot landscaping (ccc TMC 18.28.240.B.6) and blank wall screening standards (cce Scction 15 of thc Southccntcr Dcsign Manual) still apply, whcrc applicablc. (Ord„, 274.1 4 (pant), 2024 18.28.190 On Sitc Surfacc Parking Location A. Permitted Locations. Thc permittcd on sitc surface parking locations on a parcel shall bc as spccificd in thc applicablc Corridor Standards (Figures 18 20 through 18 27). Scc TMC 18.28.260 and 18.28.270 for additional parking fcgulations and guidclincs. B. On Sitc Parking Typcs. 1. Parking areas shall bc designed as one of thc parking typcs dcfincd in this section. A property's permittcd parking typcs shall bc as spccificd by Corridor Typc. For all parking typcs, parking shall bc connected with thc strcct by a driveway as stated in TMC 18.28.260.C., "Vehicular Access." 2. Surfacc Parking Lot Front. a. Definition: A parking lot that is located bctwccn a building and thc primary strcct fronting a development 3. Strcct Front Parking: Office of the City Clerk 1 City of Tukwila Page 98 of 356 Return to Title a. This rcgulatcs thc width of a front parking arcs allowcd bctwccn a building and thc closcst strcct (Figurc 18 35). ■I� Adommonn� Figurc 18 35: Examples of Street Front Parking b. For ncw construction thc maximum width of ctrcct front parking is rcgulatcd by Corridor Typc. (Scc Figures c. This standard docs not apply whcn adding on to an cxisting building, constructing a parking garagc or whcrc thcrc is an cxisting structurc at Ic€ast as widc as thc proposcd structurc bctwccn thc ncw construction and thc closcst strcct. d. For buildings with complcx shapcs, thc scction of thc building mccting thc critcria must be at Ic€ast 80 perccnt of thc ovcrall width of thc building, mcasurcd parallcl to thc primary strcct. 4. Surfacc Parking Lot Sidc. a. Dcfinition: A parking lot that is locatcd in part or cntircly along thc cidc of a building, in a cidc yard, and fully or partially cxtcnds toward, but docs not cncroach into, thc front yard sctback arco. Parking locatcd bctwccn a building and a cidc property linc that is dircctly visiblc from a ctrcct. (Figurc 18 36). ................ I ............... I ............... I ............... I ..............■ I ..............■ IMMEMMEMMEMMEMMI IMMEMMEMMEMMEMMM IMMEMMEMMEMMEMEM IMMEMMEMMEMMEMMI IMMEMMEMMEMMEMMI I ..............■ IMMEMMEMMEMMEMMI I ............... IMMEMMEMMEMMEMMI IMMEMMEMMEMMEMMI IMMEMMEMMEMMEMMF I.............rIMMEMMEMMEMMMI •••o: Street Orrlsul 5. Surfacc Parking Lot Rc�r. a. Dcfinition: A parking lot whcrc a building(s) is locatcd bctwccn thc cntirc parking lot and thc ctrcct co that it is not dircctly visiblc from a strcct. A wr parking lot docs not cxtcnd bcyond thc roar wall of thc primary building into any cidc yard sctback, cxccpt whcrc drivcway acccsrc is providcd. (Figurc 18 37). Figurc 18 37: Surfacc Parking Rear Office of the City Clerk 1 City of Tukwila Page 99 of 356 Return to Title 6. Parking Structurc. a. Parking structurcs may stand alonc or be intcgratcd into a building. b. Parking structurcs arc permittcd in all Districts. c. Thosc portions of parking structurcs that arc within 185 fcct of thc strcct arc subjcct to applicablc Corridor Typc standards. 18.28.200 Horizontal modulation (upper level stepback) iiiii111111111 �'%aYX✓ �^',A� ::. QnI81,V Vertical modulation — (Ord.. 2741 §4 (pant), 20241 1. Architcctural dcsign rcgulations control thc minimum rcquircd fa;adc articulation and transparcncy, and arc dctcrmincd by Corridor Typc as shown in thc Corridor Standards. Scc Figures 18 20 through 18 27. 2. Strcct Fa;adc. Thc architcctural dcsign rcgulations apply to thc planc of a fa;adc that fronts upon a strcct, cxtcnding from thc ground up to thc strcct facadc cavc linc. 3. Articulation. Thc giving of cmphacis to architcctural cicmcnts that croatc a complcmcntary pattcrn of rhythm, dividing largc buildings into smallcr idcntifiablc picccs. 1. Modulation. Thc ctcpping back or projccting forward of portions of a building facc, as a mans of thc building thc apparcnt bulk of a strttcturc's continuous cxtcrior walls. 1. Intcnt. Thc objcctivc of this ccction is to cncurc that thc Icngth of new or rcnovatcd building facadcs maintain thc dcsircd human scalc and urban charactcr appropriatc for thc Southccntcr arco. Office of the City Clerk 1 City of Tukwila Page 100 of 356 Return to Title 2. Facadc Articulation Incrcmcnt Rcquircmcnts. Thc maximum incrcmcnt shall bc as spccificd by Corridor Typc and ground Icvcl usc. Whcn a notch or pilastcrlpicr is uscd for thc massing cicmcnt, mcsurcmcnt of thc vcrtical incrcmcnt shall bc from ccntcrlinc to ccntcrlinc of cicmcnts (scc Figures 18 39 and 18 40). Scc thc Southccntcr Dcsign Manual, Scction 10, "Building Marring," A. and B., Facadc Articulation, for tcchniqucs to achicvc this standard. Articulation Increment itimx.00lioropoid loop vor //4001; Canopies Entries and fenestration pattern Vertical piers 30' max. 30' max. 30' max. 1111111111111100111111 3. Major Vcrtical Modulation Incrcmcnt Rcquircmcnts. Thc maximum incrcmcnt shall bc as spccificd by Corridor Typc. Scc Figurc 18 41 for an cxamplc, and thc Southccntcr Dccign Manual, Scction 10, "Building Marring," C., Major Vcrtical Modulation Incrcmcnt, for tcchniqucs to achicvc this standard. Office of the City Clerk I City of Tukwila Page 101 of 356 Return to Title Major vertical modulation Facade articulation increments 4. Sidc and rear facades. Whilc thcrc arc no spccific rcquircmcnts for sidc or rcor faQadcs thcy should continuc thc dccign vocabulary uccd on thc other cidcs of thc building. 1. Intent. The objective is to promotc a hicrarchy of vibrant and activatcd strccts in thc Southccntcr arcs. Trancparcnt windows and doors add visual intcrcct to thc ctrcct for pcdcctrians, hclp to promotc commercial uccs within the building, and enhance thc safety of strccts by allowing visibility towards thc street by building uscrs. 2. A minimum transparcncy perccntagc for thc arc bctwccn thc height of 2 and 10 feet along thc length of a building facade (Figurcs 18 42 and 18 43) that taccc thc applicable Corridor is lictcd in Figurcs 18 20 through 18 27. Office of the City Clerk 1 City of Tukwila Page 102 of 356 Return to Title rnmentalle, � \ � � \ lANSA ! q&� 3. A minimum afoot z ncb hind thc window glazing must providc an unobstructcd vicw of thc csbEbhmcn s goods or scrvics. Display Joassc paraC from thc intcrior of $CGpaC may bc U C to mcct this rcquircmcnt if thcy have a dcpth of atIcig3¥dand contain displays that arc rcgularly updgC (scc Figure 18 44{ o#m4the City c�RCity @Tukwila Page 1e4ae5 Return to Title 1. Darkly tintcd glaaa, mirrorcd glass, and glass covcrcd by ccrccning chccts, whitc, or UV protcction film shall not rncct transparcncy rcquircmcnts. 5. On sitcs whcrc all sidcs of a building arc subjcct to Corridor Standards per TMC 18.28.020.B.4.a., ground Icvci transparcncy may be waivcd for thc facadc facing thc least travcllcd Corridor. N'Ord. 2741 §4 (pant), 20241 18.28.210 Front Yard Encroachmcntb A. Building ovcrhangs such as trclliscs, canopics, awnings and frccstanding covcrcd walkways may cxtcnd horizontally into thc public frontagc up to a maximum of 6 fcct and no closcr than 8 fcct from thc back of curb. Thcsc ovcrhangs must Property Line N'Ord. 2741 §4 (pant , 2024) Office of the City Clerk 1 City of Tukwila Page 104 of 356 Return to Title SUPPLEMENTALDEVEI OPMENT STANDARDS 18.28.220 Spccial Corncr Flcaturc A. Spccial corner fetures arc permittcd by District as shown in Tablc 18 3, "District Standards." B. A special corncr feturc is a distinctivc building cicmcnt uscd to emphasize thc corncr of a building at an important intersection. Scc thc Southccntcr Dcsign Manual, Scction 9, "Corncr Tretmcnts," for additional guidance. C. Spccial corncr feturc masses may cncroach up to 2 fcct into thc rcquircd sctback arms but may not cncroach into thc public right of way. Scc TMC 18.28.210, "Front Yard Encroachmcnts." D. Spccial corncr fetures may cxcccd thc permittcd hcight limit by 20 fcct, up to a maximum of 115 fcct. VOrd 214.1 4 (part), 26241 18.28.230 Landscaping Typc3 A. Front Yard Landscaping Typcs. 1. Frontagc Improvcmcnts per Corridor Typc. a. Whcn public frontagc is constructcd to mcct thc Corridor standard, any othcr front yard landscaping requirement shall bc waived. Exccptions: perimctcr parking lot landscaping (scc TMC 18.28.240.B.6) and blank wall ccrccning standards (see Scction 15 of thc Southccntcr Dcsign Manual) still apply, whcrc applicablc. To qualify for thc waiver, public frontagc improvcmcnts must bc made along thc entire strcct fronting thc parcel. Public frontagc improvcmcnts may continuc into a courtyard or plaza. b. For Corridor Typcs that contain a planting strip (Urban, Commcrcial, Frccway Frontagc and Workplacc), minimum plantings shall consist of: (1) Trccs at thc spacing Iictcd per Corridor Typc. (2) 1 shrub per 4 liner fcct of frontagc, cxcluding curb cuts, or a plantcd bcrm at Zest 24 inchcs high. (3) Sufficient Iivc groundcovcrs of varying hcights, colors and tcxturcs to covcr, within 3 yers, 100% of the aandccapc are not nccdcd for trccs and shrubs. Groundcovcr must bc plantcd with a minimum spacing of 12 inchcs on ccntcr for 4 inch pots and 18 inchcs on ccntcr for 1 gallon pots. If grass is bcing uscd as thc groundcovcr, a 3 foot diameter ring of bark mulch is rcquircd around Rash trcc. 2. Pavcd / Sidewalk Extcnsion. a. Providc pavcd pedestrian arms along thc back of sidewalk, such as plazas or courtyards that cnhancc/enlarge thc public frontagc. b. Only permittcd on parcels whcrc thc public frontagc improvcmcnts meet the Corridor Standards in this codc. c. Must mcct applicablc pcdcctrian cpacc deign rcquircmcnts (scc TMC 18.28.250.E.). 3. Strcctscapc. a. Covcr front yards with Iandscapcd, pervious surfaces that visually softcn and cnhancc thc built cnvironmcnt. b. Providc pathways connccting thc public sidewalk to thc front door through parking arms. c. 1 trcc per 500 square fcct of Iandscapcd sctback are or 1 trcc per 20 to 30 linear fcct of frontage (depending on trcc spccics and location of undcrground or at ground utilitics and cxcluding curb cuts), whichcvcr results in more trccs. d. Whcrc thcrc arc cxisting strcct trccs, thc additional trccs rcquircd by this scction shall bc plantcd bchind thc cidcwalk in an informal pattern and consist of a mix of dcciduous and cvcrgrccns. c. Minimum 1 shrub per 4 liner fcct of frontagc, cxcluding curb cuts, or a plantcd bcrm at Ioact 24 inchcs high. Office of the City Clerk 1 City of Tukwila Page 105 of 356 Return to Title f. Sufficicnt live groundcovcrs of varying hcights, colors and tcxturcs to covcr, within 3 ycrs, 100% of thc iandscapc area not nccdcd for trccs and shrubs. Croundcovcr shall bc plantcd with a minimum spacing of 12 inchcs on ccntcr for 4 inch pots and 18 inchcs on ccntcr for 1 gallon pots. If grass is bcing uscd as thc groundcovcr, a 3 foot diamctcr ring of bark mulch is rcquircd around c\ach trcc. 4. Whcn thcrc is an cxisting sidcwalk that docs not mcct thc Corridor standard for public frontagc and thc sidcwalk fcmains in placc, thc rcquircd front yard landscaping width shall bc mcsurcd from thc back of sidcwalk or cdgc of right of way, whichcvcr is furthcr from thc road ccntcrlinc. B. Sidc and Roar Yard Landscapc Typcs (scc Figurc 18 46). Figur-e-48-4641ustr-atifig-the-var-ieus-side-anfi-r-ear-yar-ei-tr-eetmen4-9tenfiar-eis-anfi-eptiens I. Heavy landscape screening 11111trillitinX110tigiltfrit Property Line 3a. Shared pathway : Property Line 3c. Privacy fence 1. Groundcovcr. 2. Moderate landscape screening —Property Line 31b. Shared internal roadway ,1111111101111i111111i1111,11111ilior r Property Line 3d, Other option - low hedge or fence Property Line a. This is appropriatc whcrc thc adjaccnt uscs arc compatiblc and no scrccning is ncccssary. b. Covcr sidc and rear yards with landscapcd, pervious surfaccs. Landscaping trcitmcnt at a minimum shalt consist of cufficicnt live groundcovcrs of varying hcights, colors and tcxturcs to covcr, within 3 pars, 100% of thc landscape area not nccdcd for trccs and shrubs. Croundcovcr must bc plantcd with a minimum spacing of 12 inchcs on ccntcr for 4 inch pots and 18 inchcs on ccntcr for 1 gallon pots. If grasp is bcing uscd as thc groundcovcr, a 3 foot diamctcr ring of bark mulch is rcquircd around each trcc. Office of the City Clerk 1 City of Tukwila Page 106 of 356 Return to Title 2. Sharcd pathway along or adjaccnt to thc property linc with landscaping. This is a dcsirablc configuration that can cnhancc pcdcstrian circulation and providcs an cfficicnt usc of spacc. This tretmcnt rcquircs a rccordcd agrccmcnt with applicablc adjaccnt property owncr(s). 3. Sharcd intcrnal drivc along or adjaccnt to thc property linc. This is a dcsirablc configuration for non residcntial Discs that can cnhancc circulation and providcs an cfficicnt usc of spacc. 1. Modcratc Scrccning. a. Providc light visual scparation along property lincs bctwccn somcwhat incompatiblc dcvclopmcnt. b. Landscaping dcsigncd to scrccn parking/scrvicc arcs and blank sidc and rcr building fa;adcs. c. Landscaping that maintains vicws to building cntranccs and signagc. d. 1 trcc per 20 liner fcct of property linc (cxcluding curb cuts) spaccd rcgularly (cxccpt whcrc thcrc arc conflicts with utilitics) and consisting of a mix of dcciduous and cvcrgrccn trccs along thc applicablc property linc. c. 1 shrub per 4 liner fcct of property linc, cxcluding curb cuts. f. Sufficicnt livc groundcovcrs of varying hcights, colors and tcxturcs to covcr, within 3 pars, 100% of thc yard arc not nccdcd for trccs and shrubs. Croundcovcr must bc plantcd with a minimum spacing of 12 inchcs on ccntcr for 1 inch pots and 18 inchcs on ccntcr for 1 gallon pots. If grass is bcing uscd as thc groundcovcr, a 3 foot diamctcr ring of bark mulch is rcquircd around ech trcc. 5. Hcavy Scrccning. a. Providc hevy visual scparation along property lincs bctwccn highly incompatiblc dcvclopmcnt, such as warchousing and residcntial uscs. b. Landscaping dcsigncd to scrccn parking/scrvicc arcs and blank sidc and rer building fa;adcs. c. 1 trcc per 20 liner fcct of property linc (cxcluding curb cuts) spaccd rcgularly (cxccpt whcrc thcrc arc conflicts with utilitics) and consisting of at Icst 50% conifcrs along thc applicablc property linc (75% along property linc adjaccnt to rcsidcntial uscs). d. Privacy scrccning utilizing cvcrgrccn shrubs, scrccning walls or fcnccs (up to 7 fcct tall) is allowcd. c. Sufficicnt Iivc groundcovcrs of varying hcights, colors and tcxturcs to covcr, within 3 ycrs, 100% of thc yard arc not nccdcd for trccs and shrubs. Croundcovcr must bc plantcd with a minimum spacing of 12 inchcs on ccntcr for 1 inch pots and 18 inchcs on ccntcr for 1 gallon pots. If grass is bcing uscd as thc groundcovcr, a 3 foot diamctcr ring of bark mulch is rcquircd around ech trcc. (Ord.. 2741 4 (pant), 20241 18.28.240 A. The provisions hcrcin arc applicablc to sctbacks, public frontagc arcs, opcn spacc, and othcr arcs on prcmiscs. Thcsc rcgulations addresc plant matcrials and deign, visibility, irrigation, Iandscapc plans, utility and scrvicc arcs. B. Ccncral Landscaping Rcquircmcnts. 1. Plant Matcrials. a. A mix of cvcrgrccn trccs and cvcrgrccn shrubs shall bc uscd to scrccn blank walls. b. All plant matcrial shall mcct thc most rcccnt Amcrican Standards for Nurscry Plant Stock (ANSI Z60.1). c. Evcrgrccn trccs shall bc a minimum of 6 fcct in hcight at timc of planting. d. Dcciduous trccs shall bc a minimum 2.5 inch caliper six inchcs off thc ground whcn installcd. c. Shrubs shall bc at lest 18 inchcs in hcight at timc of planting. Office of the City Clerk 1 City of Tukwila Page 107 of 356 Return to Title f. Existing vegetation may bc uscd to mcct thc perimctcr landscaping rcquircmcnts. All significant trccs locatcd within any rcquircd perimctcr landscape arm that arc not dmd, dying, or dismscd and that do not posc a safcty hazard as dctcrmincd by thc City or a qualified arborist shall bc rctaincd and protcctcd during construction with temporary cpccics, agc, and thc charactcristics of thc plantcd arm. Property owncrs may bc rcquircd to furnish a rcport by an International Socicty of Arberist (ISA) ccrtificd arborist to documc- ccrtificd arborist bc rctaincd to supervisc trcc protcction during construction. Cradc changes around cxisting trccs arc to be avoided whcncvcr possiblc. g. New plant matcrials shall includc nativc spccics or non nativc spccics that arc drought tolerant and have adapted to thc climatic conditions of thc Pugct Sound Rcgion. Thcrc must bc a divcrsity of trcc and shrub gcnus and spccics in thc site landscaping, taking into account cpccics in cxisting development around thc site. h. No spccics that arc listed on thc Statc or King County noxious wccd lists may bc plantcd. 17 location in tcrms of hardincsc, tolerance to urban conditions, maintcnancc nccds and growth charactcristics. Largc and medium canopy trcc spccics arc rcquircd, cxccpt whcrc thcrc is insufficicnt planting arm (duc to proximity to a building, ctrcct light, above ground or undcrground utility line, etc.). 2. Visibility. a. Dcsign of new landscaping and maintcnancc of cxisting landscaping shall considcr Crimc Prcvcntion Through Environmcntal Dcsign (CPTED) principals and visibility for safcty and vicws. Appropriatc plant cpccics shall be specified to avoid thc need for cxccssivc maintcnancc pruning. Trccs along thc strcct frontages, as thcy mature, shall be limbcd up to a minimum hcight of 6 fcct (8 fcct whcrc thcy cxtcnd ovcr cidcwalks) to allow adequate visibility and cloarance for vchicics. Trccs may bc pruncd to improvc vicws of cignagc and entryways by using such techniques as windowing, thinning, and limbing up. Howcvcr, no morc than 1/4 of thc canopy may bc removed within any 2 yar period, and thc crown chould bc maintained to at Ieat 2/3 thc hcight of thc trcc. All pruning shall bc done in accordancc with ANSI Standard A 300 cpccifications. Trccs may not bc topped for any rason. Trccs may only bc pruncd to lower thcir hcight to prevent interference with an ovcrhoad utility or cicctrical line.. b. Landscaping shall not obstruct vicws from or into thc driveway, sidewalk or strcct. Landscape design shall allow for surveillance from strccts and buildings and avoid crating arms that might harbor criminal activity. Landscaping at crosswalks and othcr locations whcrc vchicics and pedestrians intersect must not block pedestrians' and drivcrs' vicws. d. Evergreen shrubs and trccs shall bc uscd for scrccning along rar property lines, around solid waste/recycling areas and mechanical cquipmcnt, and to obscure grillwork and fcncing ascociatcd with subsurface parking garages. 3. Soil Preparation and Planting. a. For trccs and plants plantcd in sidewalks and parking lots, or in limited aroas of soil volumc, structural soils (Cornell Univcrsity "CU" product or similar) must bc uscd to a prcfcrrcd dcpth of 36 inches, to promotc root growth and providc structural support to thc pavcd arca. Minimum soil volumcs for trcc roots shall bc 750 square fcct per trcc (ccc specifications and sample plans for CU Structural Soils). Trccs and othcr landccapc matcrials shall bc plantcd per cpccifications in "CU Structural Soils A Comprchcnsivc Cuidc" or using currcnt BMPs subjcct to administrative rcvicw and approval of thc tcchnical information rcport (TIR.) Sucpcndcd pavement cyctcros (Silva Cclls or similar) may also bc uscd if approved. b. For soil preparation in biorctcntion arms, cxisting soils must bc protcctcd from compaction. Biorctcntion coil media must bc prepared in accordancc with standard specifications of thc Surfacc Watcr Dcsign Manual, adopted in accordancc with TMC 14.30, to promotc a proper functioning biorctcntion cyctcm. Thcrc cpccifications shall bc adhered to regardless of whcthcr a stormwatcr permit is rcquircd from thc City. Office of the City Clerk I City of Tukwila Page 108 of 356 Return to Title c. For all othcr plantings, soils must bc prcparcd for planting in accordancc with spccifications to rcstorc soil moisturc holding capacity in accordancc with TALC 16.54, Crading, rcgardlcss of whcthcr a stormwatcr permit is rcquircd by thc City. d. Thc applicant will bc rcquircd to schcdulc an inspcction by thc City of thc planting areas prior to planting to cnsurc soils arc properly prcparcd. c. Installation of landscapc plants must comply with bcst managcmcnt practiccs including: (1) Planting holcs that arc thc samc dcpth as thc sizc of thc root ball and 2 timcs widcr than thc sizc of the root ball. (2) Root balls of pottcd and ballcd and burlappcd (B&B) plants must bc looscncd and pruncd as ncccssary to cnsurc thcrc arc no cncircling roots prior to planting. At Ic€ast thc top 2/3 of burlap and all straps or wirc baskcts arc to be rcmovcd from B&B plants prior to planting. (3) Thc top of thc root flarc, whcrc thc roots and thc trunk bcgin, should bc about one inch from the currounding soil. Thc root ball shall not cxtcnd abovc thc soil curfacc. {1) If using mulch around trccs and shrubs, maintain at Icaact a 3 inch mulch frcc ring around thc bacc of thc plant trunks and woody stcms of shrubs. If using mulch around groundcovcrs until thcy bccomc cstablishcd, mulch shall not bc placcd ovcr thc crowns of percnnial plants. 4. Irrigation. a. Thc intcnt of this standard is to cnsurc that plants will survivc thc critical cstablishmcnt period whcn thcy arc most vulncrablc duc to lack of watcring. b. All rcquircd plantings must bc scrvcd by a permancnt automatic irrigation systcm. (1) Irrigation shall bc dccigncd to conccrvc watcr by using thc bcst practical managcmcnt tcchniqucs availablc. Thccc tcchniqucs may includc, but not bc limitcd to: drip irrigation to minimizc cvaporation lose, moisturc ccncors to prcvcnt irrigation during rainy periods, automatic controllcrs to insurc proper duration of watcring, sprinklcr hc€ad scicction and spacing dccigncd to minimizc ovcrcpray, and ccparatc zoncs for turf and shrubs and for full sun cxpocurc and shady areas to mcct watcring nccds of diffcrcnt scctions of thc landscapc. (2) Exccptions to thc irrigation rcquircmcnt may bc approvcd by thc Dircctor, such as xcriscaping (i.c., low watcr usagc plantings), plantings approvcd for low impact dcvclopmcnt tcchniqucs, cctablichcd indigcnous plant matcrial, or iandscapcs whcrc natural appc�rancc is acccptablc or dcsirablc to thc City. Howcvcr, thosc cxccptions will rcquirc tcmporary irrigation until cctablichcd. 5. Landscapc Plan Rcquircmcnts. a. A Washington Statc liccnscd landscapc architcct shall prcparc and stamp thc landscapc plans in accordancc with thc standards hcrcin. Dctailcd plans for landscaping and scrccning shall bc cubmittcd with plans for building and sitc improvcmcnts. Includcd in thc plans shall bc typc, quantity, spacing and location of plants and matcrials; typical planting dctails; and thc location of irrigation systcms. Undcrground and at ground utilitics shall bc shown on thc plans so that planting conflicts arc avoidcd. b. Installation of thc landscaping and scrccning shall bc complctcd and a Landscaping Dcclaration submittal by thc owncr or owncr's agcnt prior to iscuancc of thc Ccrtificatc of Occupancy. If ncccscary duc to wclathcr conditions or construction cchcduling, thc installation may bc poctponcd to thc ncxt planting season if approvcd by thc Dircctor and ctatcd on thc building permit. A performancc assurancc dcvicc cqual to 150% of thc cost of thc labor and matcrials must bc providcd to thc City bcforc thc dcfcrral is approvcd. 6. Parking Lots. a. Sctback and Pcrimctcr Landzcaping: (1) Surfacc parking lots shall cct back a minimum of fivc fcct from any opcn cpacc, building facadc, or Corridor back of sidcwalk. Thc sctback shall bc dcsigncd and plantcd with: Office of the City Clerk I City of Tukwila Page 109 of 356 Return to Title (a) 1 cvcrgrccn shrub per 4 liner fcct of property linc, occluding curb cuts. (b) Sufficicnt livc groundcovcrs of varying hcights, colors and tcxturcs to covcr, within 3 years, 100% of thc yard area not nccdcd for trccs and shrubs. Croundcovcr must bc plantcd with a minimum spacing of 12 inchcs on ccntcr for 4 inch pots and 18 inchcs on ccntcr for 1 gallon pots. If turf grass is bcing uscd as thc groundcovcr, a 3 foot diamctcr ring of bark mulch is rcquircd around any trcc. (2) Surfacc parking lots shall bc buffcrcd from adjaccnt rcsidcntial dcvclopmcnt with heavy scrccning in thc sidc and rear sctback areas. b. Intcrior Parking Lot Landscaping: (1) For surfacc parking lots adjaccnt to public or privatc strccts, a minimum of 20 squarc fcct of intcrior parking lot landscaping is rcquircd for c€ach parking stall. In thc Workplacc District, a minimum of 15 squarc fcct per stall b rcquircd for warchoucc and light industrial uccs. (2) For surfacc parking lots locatcd bchind buildings or othcrwisc scrccncd from public or privatc strccts or public spaccs, a minimum of 10 squarc fcct of intcrior parking lot landscaping is rcquircd for oach parking stall. (3) Flcxibility is allowcd for thc layout of parking lots and landscapcd arms, but thc goal is to providc chadc from trccs that arc cvcnly distributcd throughout thc parking lot. Planting trccs in continuous, landscapcd planting strip bctwccn rows of parking is cncouragcd. This approach may also bc combincd with surfacc watcr managcmcnt dccign. For parking lots adjaccnt to public or privatc strccts, if landscapc islands arc dcsigncd into thc parking lot layout to dividc continuous rows of parking stalls, thcy must bc placcd at minimum spacing of cvcry 10 parking spaccs. For parking areas thcy shall bc placcd at a minimum of onc island cvcry 15 parking stalls. (1) Landscapc islands mutt bc a minimum of 6 fcct widc and a minimum of 100 squarc fcct in arco. All landscapcd arclas must bc protcctcd from damagc by vchicics (curbs, tirc stops, othcr tcchniqucs). (5) Landscapc islands shall bc placcd at thc cnds of c€ach row of parking to protcct parkcd vchicics from turning movcmcnts of othcr vchicics. (6) A minimum of onc largc canopy cvcrgrccn or dcciduous trcc or two mcdium canopy trccs arc rcquircd for cvcry 100 squarc fcct of landscapcd island, with thc rcmaining arco to contain a combination of shrubs, living groundcovcr, and mulch (scc Figurc 18 47). 7. Utility and Scrvicc Aromas. Utility oaccmcnts and othcr similar aroas bctwccn property lincs and curbing shall bc landscapcd and/or trclatcd with dust and crosion control planting or surfacing. Trccs proposcd undcr ovcncmd transmission lincs shall bc approvcd by thc City on a cacc by cacc basis. 8. Strcct Trccs in thc Public Frontagc. Office of the City Clerk 1 City of Tukwila Page 110 of 356 Return to Title a. Strcct trcc spacing in thc public frontagc shall bc as spccificd in thc applicable Corridor Standards. For cmallcr stature trccs (thosc with canopies at maturity of Icss than 20 fcct), spacing should bc every 20 fcct. For larger canopy trccs, spacing should bc widcr as appropriatc to thc maturc sprcd of thc trcc. Spacing will also nccd to considcr sight vision distance at intcrscctions, driveway locations, and utility conflicts. b. Strcct trccs in thc public frontagc shall bc plantcd to at Icst thc following spacing standards: (1) At Icst 3.5 fcct back from thc facc of thc curb and with an approvcd root barrier installed on thc curb cidc. (2) At Icst 5 fcct from undcrground utility lines. (3) At Icst 10 fcct from powcr polcs. (1) At Ieact 7.5 fcct from driveways. (5) At Icst 3 fcct from pad mountcd trancformcrs (cxccpt 10 fcct in front for acccsrc). (6) At Icst 4 fcct from firc hydrants and conncctions. c. Whcn uccd, trcc gratcs and landccapcd trcc wells shall bc a minimum 36 cquarc fcct in cizc (6' x 6'). Trce gratcs arc not cncouragcd, but whcn uccd gratcs must have ccily removable rings so that ccctions of gratc can bc rcmovcd incrementally as thc trcc matures. Trcc well sizc may bc adjusted to comply with ADA standards on narrower sidewalks. Root barriers must bc inctallcd at curb facc. Scc TMC 18.28.240.B.3, "Soil Prcparation and Planting," for structural coil rcquircmcnts. d. Planting and lighting plans shall bc coordinated so that trccs arc not plantcd in locations whcrc thcy would obstruct cxisting or planned ctrcct or cite lighting, whilc maintaining appropriatc spacing and allowing for thcir cizc and cprcd at maturity. a. Any landscaping rcquircd by this chaptcr shall bc retained and maintained by thc property owncr for thc life of thc project in conformance with thc intcnt of thc approvcd landscape plan and this chaptcr. Maintcnancc shall include keeping all planting arcs frcc of wccds and trash and replacing any unhclthy or dcd plant materials. b. Pruning of trccs is only allowed for thc hcIth of thc trcc, to maintain sight distances or sight lines into commercial arcs, or if interfering with ovcnc�d utilitics. All pruning must bc done in accordancc with American National Standards Inctitutc (ANSI) A 300 cpccifications. No trcc plantcd by a property owncr or thc City to fulfill landscape rcquircmcnts, or any cxisting trcc, may bc toppcd or rcmovcd without prior approval from thc City. If a trcc is toppcd or rcmovcd without approval, it shall bc replaced with a ncw trcc that mccts thc intcnt of this chaptcr within 120 days or the property owncr will bc cubjcct to codc cnforccmcnt and penalties as prcccribcd in TMC 8.45 and thc iscuancc of a Noticc of Violation in accordancc with TMC 8.45.070. Options at thc Director's discrction arc to rcquirc rcplaccmcnt of thc trcc with a ncw trcc of similar cpccics that will achieve a similar canopy size at maturity, replace thc trcc with multiplc cmallcr diameter trccs of an appropriatc spccics (only if thcrc arc limitations on space or conflicts with utility infrastructure), and/or rcquirc an in lieu fcc for off cite trcc rcplaccmcnt. C. Ccncral Landzcaping Considcrations. 1. Plant Matcrials. a. Drought rccictant cpccics arc cncouragcd in ordcr to minimizc irrigation rcquircmcnts, cxccpt whcrc site conditions within thc rcquircd landscapc arcs cnsurc adequate moisturc for growth. b. The maturc sizc of scicctcd trcc spccics should bc suitable to lot sizc, thc scalc of adjacent structurcs, and thc proximity to utility lines. c. In general, dcciduous trccs with opcn branching structurcs arc rccommcndcd to cnsurc visibility to retail cctablichmcnts. Morc substantial chadc trccs arc rccommcndcd in front of private rccidcnccs. Office of the City Clerk I City of Tukwila Page 111 of 356 Return to Title d. All trccs should bc selected and located so thcy will not obstruct vicws to showroom windows and building cignagc as thcy mature. c. Evergreen landscaping (Figure 18 48) is appropriatc for scrccning utility vaults, loading docks and somc storage arms. (Also scc TMC 18.52.050 for scrccning outdoor storage arms.) '"�w'�7nlllllllllll IIIIIIIIIII 9(((((YIImfffnln�fPllarr���IIIIl01fffllllos -, f. Species selection is vcry important in groupcd plantings (Figurc 18 49). Drought tolcrant species are strongly rccommcndcd and monoculturc plantings arc discouraged. Low maintcnancc cost and low replacement costs arc two advantages of planting drought tolcrant species in groupcd configurations. Low (24 30 inchcs) shrubs, perennial or groundcovcr plantings that providc a superior dcgrcc of separation bctwccn the sidewalk and street at rcduccd maintcnancc costs may bc used. 2. Dcsign. a. Shadc trccs should bc planted to shadc buildings' mst and wcst facing windows to providc a balance bctwccn summer cooling and wintcr heating through solar gain. b. All landscaped arms should bc designed to allow aquifer filtration and minimizc stormwatcr run off utilizing bio cwalcs, filtration strips, and bio retention ponds whcrc appropriatc. (Ord„ 27,41 4 (pant),2024) Office of the City Clerk 1 City of Tukwila Page 112 of 356 Return to Title 18.28.250 Opcn Spacc Rcgulationa , csign, and configuration of ncw opcn spaccs that may bc publicly acccssiblc. Opcn spacc rcgulations arc sct forth to cnsurc that thc provision, dcsign, and configuration of ncw opcn spaccs contributc to thc character of and support thc type of dcvclopmcnt dcsircd within each District. Opcn spacc for rcsidcntial uscs is also intcndcd to promotc thc hcIth of rcsidcnts by providing on sitc opcn space for rccretional activitics, physical cxcrcisc, and/or food production. Opcn spaccs may consist of pcdcstrian spaccs for commcrcial uscs, and common and privatc opcn spacc for rcsidcntial uscs. B. All ncw opcn spaccs, whcthcr or not thcy arc rcquircd by opcn spacc rcgulations, shall bc designed and configurcd according to thc following rcgulations. C. Thc following rcquircmcnts for thc provision and dcsign of pcdcstrian, common and privatc opcn spaccs arc organized by Ucc Typc. Thcsc rcgulations arc established to ensure a widc range of public spaccs that complcmcnt thc primary public strccts and opcn spaccs in each District as thc Southccntcr are intensifies. D. Ccncral Opcn Spacc Rcgulations. 1. Opcn spacc rcquircmcnts for commcrcial and rcsidcntial uscs arc as spccificd in Table 18 4, "Provision of Opcn Spacc." 2. Compliance with thc opcn spacc square footagc ratio listed in Table 18 4 is rcquircd for ncw construction, thc are of cxpansion of cxisting buildings and changcs in usc from one category in Table 18 4 to anothcr. 3. Opcn spacc for ncw or expanded commcrcial and residential uses shall bc built within thc dcvclopmcnt by developers at thc time dcvclopmcnt occurs. /I. Options for provision of opcn spacc. a. Thc square footagc of all streets built per TMC 18.28.140, "Ncw Strccts," may bc counted toward mccting thc provision of opcn spacc rcquircmcnts for pcdcstrian spacc. Thcy may not bc uscd to satisfy common and/or privatc opcn cpacc rcquircmcnts for residential uses. b. Thc Dircctor shall givc crcdit for existing on cite opcn spacc amenities that mcct thc rcquircmcnts of this section toward thc opcn spacc squarc footagc triggcrcd by thc ncw construction or changc of usc. c. At thc discretion of thc Dircctor, rcquircd pcdcstrian spacc for commcrcial uses or residential common opcn cpacc may bc constructed off prcmiscs and/or as part of a larger opcn spacc bcing providcd by thc City or othcr private developments within that District or within 1,000 fcct of thc projcct premises. d. If strict compliance with these rcgulations would croatc substantial practical difficultics for a cite and nonc of thc abovc approachcs would providc rclicf, thc property owncr may apply for a Spccial Pcrmission Modification and propose an alternate solution that mccts thc intcnt of thc rcgulations. (1) Spccial Permission Modification shall bc a Typc 2 decision. An applicant shall submit cvidcncc of the abovc (subparagraph 18.28.250.D.4.d) to thc Dircctor, which could talcs thc form of a bricf rcport and sitc plan that addresses thc difficultics of mccting thc rcgulations, thc propoccd alternative solution, and how thc propoccd solution mccts thc intcnt of thc applicable opcn spacc rcgulations. (2) Applicants may rcqucst that up to 75 percent of thcir rcquircd pcdcstrian opcn spacc bc providcd indoors. E. Pcdcstrian Spacc for Commcrcial Uscs. 1. Pcdcstrian spaccs for commcrcial uses arc publicly accessible, outdoor, landscaped spaccs uscd primarily for active or passive community rccroation and civic purposes. Thcsc may includc a liner grccn, square, plaza, courtyard, or pcdcstrian passage. Play areas for children may bc providcd indoors or outdoors. Thcsc spaccs shall bc privately owncd and nnaintaincd, including keeping thc spacc frcc of trash and graffiti. Amenities providcd within thc spacc, such as bcnchcs, plantcrs, art and watcr features, shall bc maintained for thc life of thc projcct. 2. Pcdcstrian Spacc Dcsign Rcquircmcnts. Office of the City Clerk I City of Tukwila Page 113 of 356 Return to Title a. Cround Icvcl pcdcstrian spaccs shall bc conncctcd to public sidcwalks and abut public rights of way on at icst onc sidc. b. Cround Icvcl pcdcstrian spaccs shall bc locatcd whcrc thcy arc visiblc and csily acccssiblc to thc public from adjaccnt sidcwalks and avoid masscs of shrubs around cdgcs. The spacc shall not bc morc than 2 fcct abovc or bclow thc adjaccnt sidcwalk. c. Pcdcstrian spaccs shall bc compriscd of a grctcr proportion of hardscapc (pavcd arcs, fountains, plants in pots), than softscapc (grass or othcr landscapc matcrial). Scc Figurc 18 50. d. Pcdcstrian spaccs shall bc publicly acccsrciblc during thc hours of operation of thc ucc. Pcdcstrian spaccs, cxccpt for passagcs, shall bc a minimum of 500 squarc fcct or thc rcquircd amount of opcn spacc (whichcvcr is Icss) in sizc, contain sating arcs, and opcn on to pcdcstrian gcncrators such as cntranccs to officcs, stores, or restaurants. c. Pcdcstrian spaccs shall bc locatcd to takc advantagc of sunlight to thc grctcst cxtcnt possiblc. South facing plazas arc gcncrally prcfcrrcd, unlcsrc particular lot configurations prcvcnt such oricntation. f. At Ioast 3 fcct of sating arc (bcnch, Icdgc, ctc.) or onc individual Boat per 60 squarc fcct of plaza am or opcn spacc shall bc providcd. This provision may bc rclaxcd or waivcd whcrc thcrc arc provisions for movablc sating that nncct thc purposc of thc standard. Scc Scction 4 of thc Southccntcr Dcsign Manual for guidclincs on dcsigning walls for coating. g. Sitc dcsign foatures that croatc cntrapmcnt aroas in locations with pcdcstrian activity shall bc avoidcd. �. Dcvclopmcnt shall incorporatc Crimc Prcvcntion Through Environmcntal Dcsign (CPTED) principlcs into opcn spacc sitc dcsign. f- incompatiblc uscs unlcss fully scrccncd with an architccturally consistcnt wall or solid fcncc (no chain link) and landscaping. j. Pcdcstrian pasrcagc dcsign rcquircmcnts: (1) A passagc shall scrvc as a pcdcstrian conncctor passing bctwccn buildings to providc shortcuts through long blocks and acccsrc to roar parking arcs or courtyards. (Scc Figurc 18 51) Office of the City Clerk 1 City of Tukwila Page 114 of 356 Return to Title illli11luli (2) Passagcs shall bc pavcd and landscapcd, and spccifically rcscrvcd for pcdcstrian travcl. (3) Passagcs shall bc a minimum of 10 fcct and a maximum of 30 fcct widc. (1) Thc dcsign of thc passagc shall cncouragc pcdcstrian circulation. This can bc accomplishcd by: (a) Having thc walkway mcct the public sidcwalk in an claging and idcntifiablc manncr. (b) Providing pcdcstrian amcnitics such as altcrnativc paving mcthods, sating, and plantcrs. (c) Dcsigning thc passagc using CPTED principlcs. (5) Incorporatc dcsign trctmcnts to mitigatc impacts of any blank walls along thc passagcways (scc Scction 15 of thc Southccntcr Dcsign Manual). (6) For propertics adjaccnt to fixcd rail transit or bus facilitics, a passagc may includc transit station or bus stop (7) For propertics adjaccnt to thc Crccn Rivcr, a passagc may includc a pcdcstrian conncction bctwccn thc Crccn Rivcr Trail and a publicly acccssiblc strcct/sidcwalk. Thc passagc should bc cstablishcd in an cscmcnt allowing for public acccss through privatc property. F. Common Opcn Spacc for Rcsidcntial Uscs. 1. Purposc: a. To providc acccssiblc, safc, convcnicnt, and usablc common opcn spacc for rcsidcntial uscs; b. To promotc thc hcIth of rcsidcnts by providing acccss to common opcn spacc for rccrctional activitics, physical cxcrcisc, and/or food production; and c. To crctc common opcn spaccs that cnhancc thc rcsidcntial sctting. 2. Common opcn spaccs arc privatcly owncd and maintaincd intcrior common spaccs, such as pools or cxcrcisc rooms, and/or outdoor landscapcd spaccs, such as rooftop dccks, ground Icvcl opcn spaccs, childrcn's play arcs, or othcr multipurposc grccn spaccs associatcd with multi family dcvclopmcnts that providc for thc rccrctional nccds of thc residcnts of thc dcvclopmcnt and arc not publicly acccssiblc. Office of the City Clerk 1 City of Tukwila Page 115 of 356 Return to Title 3. Common opcn spacc dcsign rcquircmcnts (scc Figurc 18 52, and Section 5 of thc Southccntcr Design Manual, for additional guidance). 14/4 111II1111,11I1,IJllhllll''IIIIIII Iluooi ������ IIIII��� tIllii I 11111111111111111111111111111111111111111111111111iiiiiiiiiiiiiiiiiaii....ilY.'1'.1:„.„ 1111111111111111 a. Rcquircd building setback aroas shall not bc counted towards common opcn spacc. b. No morc than 50 percent of thc required common spacc may bc indoor or covcrcd spacc. c. Common opcn spaccs shall bc cosily visiblc and wdily accessible to multi family rcsidcnts. d. The common opcn spaccs for a sits shall providc at least one of thc following amcnitics for cvcry 200 square fcct of common opcn spacc up to a maximum rcquircmcnt of thrcc amcnitics to accommodate a variety of agcs and activities: (1) Sitc furnishings (tables, benches) (2) Picnic and/or barbecue areas (3) Patios, plazas, courtyards, or rooftop terraces (1) Activc play areas for children (5) Urban (private/individual) garden plots (6) Pool and/or hot tub (7) Multi purpose room with cooking facilities (8) Exercise facility c. Common opcn spaccs shall not bc Icsc than 20 fcct widc. f. Courtyards shall bc a minimum of 30 fcct along thc east west axis and 20 fcct along thc north south axis. g. Adequate fcncing, plant scrccning or othcr buffcr shall separate thc common opcn spacc arc from parking areas, driveways, utility areas, mechanical cquipmcnt or public streets. Rooftop utilitics shall bc adequately screened and separated from rooftop common opcn spaccs. Office of the City Clerk 1 City of Tukwila Page 116 of 356 Return to Title h. Common opcn spaccs shall bc locatcd to take advantage of sunlight to thc grctcst cxtcnt possiblc. f- Sitc dcsign fctures that crctc entrapment arcs in locations with pcdcstrian activity shall bc avoided. j. Development shall incorporate Crimc Prcvcntion Through Environmcntal Dcsign (CPTED) principlcs into opcn spacc sitc dcsign. k. Common opcn spaccs shall not bc locatcd adjacent to dumpstcr cnclosurcs, loading/service arcs, or othcr incompatible uscs, unlcss fully scrccncd with an architecturally consistcnt wall or solid fcncc (no chain link) and landscaping. 1 Interior locatcd common spacc must bc: (1) Locatcd in visiblc arcs, such as ncr an entrance lobby and ncr high traffic corridors. (2) Dcsigncd to providc visibility from intcrior pcdcstrian corridors and to thc outside. Windows should generally occupy at Icct one half of thc perimeter of thc spacc to make thc spacc inviting and encourage ucc. (3) Dcsigncd to specifically serve intcrior rccrctional functions and not mcrcly leftover spacc used to mcct thc common spacc rcquircmcnt. rn. Common opcn spaccs shall bc maintaincd by thc property owncr, including keeping thc spacc frcc of trash and graffiti. Amenities providcd within thc spacc, such as bcnchcs, planters, art and water features, shall bc maintaincd for thc life of thc project. 1. Privatc opcn spaccs arc privately owncd and maintaincd and includc outdoor balconies, dccks, patios, yards, courtyards, rooftop dccks or gardens (Figurc 18 53), or landscaped arcs used for rccrction by inhabitants of a tingle dwclling unit. 2. Privatc opcn spacc dcsign rcquircmcnts. a. Rcquircd setback arcs shall not bc counted towards privatc opcn spacc provision rcquircmcnts, unless configurcd as a privatc yard and accessed by secondary unit cntrancc(s). b. Privatc opcn spaccs shall have primary access from thc dwclling unit scrvcd. c. Privatc yard landscaping shall bc consistent with "Sidc and Roar Yard Landscape Typcs" (TMC 18.28.230.B). d. Acccss to a balcony or patio shall bc limited to thc dwclling scrvcd. Ors 2 411 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 117 of 356 Return to Title 18.28.260 Ccncral Parking Rcquircmcnta A. This scction contains rcgulations and guidclincs for thc provision, locations, and dcsign of parking. Parking rcgulations arc sct forth to cnsurc that thc provision of parking, and thc dcsign and configuration of parking arcs, contributc to thc charactcr of and support thc typc of dcvclopmcnt dcsircd within cch District in thc urban ccntcr. 1. Thc minimum parking provision for vchicics rcquircd by all ncw dcvclopmcnt and changcs in usc shall bc as cpccificd in Tablc 18 5, "Provision of Parking."I n thc casc of a usc not spccifically mcntioncd in this tablc, thc rcquircmcnts for thc numbcr of off strcct parking spaccs shall bc dctcrmincd by thc Dircctor as a Typc 2 Spccial Pcrmission Dccision. Such dctcrmination shall bc bascd on thc rcquircmcnts for thc most comparablc usc spccificd in this scction or a parking ctudy. 2. Any off strcct parking arc alrcdy in use or cstablishcd hcrcftcr shall not bc rcduccd bclow thc ratios rcquircd in Tablc 18 5. Any changc of usc must mcct thc parking rcquircmcnts of thc ncw usc. 3. A maximum of 30% of thc total off strcct parking stalls may bc dcigncd and dcignatcd for compact cars. 1. Elcctric vchicic charging stations and parking spaccs shall bc govcrncd by TMC 18.56.135. 5. Parking Rcductions. a. Ncw on strcct parking spaccs providcd along adjaccnt ncw strccts may bc countcd toward thc minimum parking rcquircmcnt for commcrcial dcvclopmcnt on that property. b. Parking rcquircmcnts for commcrcial dcvclopmcnt within 600 fcct of thc Soundcr transit station or thc Tukwila bus Transit Ccntcr, or rcidcntial dcvclopmcnt within 1,320 fcct of cithcr station may bc rcduccd or modificd by thc Dircctor as a Typc 2 Spccial Pcrmission Dccision. This distancc will bc thc walking distancc mcsurcd from thc lot linc of the dcvclopmcnt to thc lot linc of thc station. c. A rcduction in minimum parking rcquircmcnts may bc rcqucstcd per TMC 18.56.140, "Administrativc Variancc from Parking Standards." d. Sharcd Parking: Whcn two or morc property owncrs agrcc to cntcr into a Sharcd parking agrccmcnt, thc cctbacks and landscaping rcquircmcnts on thcir common property linc(s) may bc waivcd with that land uscd for parking, drivcway and/or building. Thc total numbcr of spaccs may bc rcduccd if it is dcmonstratcd through a parking study that complcmcntary uscs, intcrnal trip capturc or uscs with diffcrcnt pcic parking nccds justify thc rcduction in numbcr. c. All or part of a dcvclopmcnt's parking rcquircmcnt may bc satisficd through paymcnt of in licu fccs bascd on thc currcnt real cost of constructing a parking spacc in an cxposcd abovc ground parking structurc, whcn approvcd by thc Dircctor. C. Vchicular Acccss. 1. Curb Cuts and Drivcways. a. Whcn acccss to parking facilitics and loading arcs is providcd from front or sidc strccts, thc maximum numbcr of curb cuts ascociatcd with a singlc dcvclopmcnt shall bc onc two lanc curb cut or two onc lanc curb cuts for each 500 linear fcct of strcct frontagc. Sharcd drivcways and ncw public or privatc strccts do not count against this total. b. Thc maximum width of drivcways/curb cuts is 15 fcct for a onc lanc and 30 fcct for a two lanc drivcway. In thc Workplacc District, thc maximum width of drivcways/curb cuts is 35 fcct. c. On Walkablc and Ncighborhood Corridors, thc curb cut dcsign for drivcways or privatc strccts shall match thc hcight of thc sidcwalk to cnsurc that thc sidcwalk stays at a con±i±tcnt gradc for pcdctrians, with thc apron dipping down to mcct thc strcct Icvcl starting at thc planting strip or trcc wclls (scc Figurc 18 54). Office of the City Clerk I City of Tukwila Page 118 of 356 Return to Title Figurc 18 54: Examplc of drivcway IcvcI with thc hcight of thc Gidcwalk Driveway WithPlanting Strips t5m Desirable Minimum / (51 Planting strips allow the sidewalk to remain level and in a continuous direction. d. Thc total width of parking acccss opcnings on thc ground Icycl of structural parking may not cxcccd 30 fcct whcn fronting on a public or privatc strcct. c. Drivcways shall bc sct back a minimum of fivc fcct from adjoining propertics (unlcss thc drivcway is sharcd with adjaccnt prcmiscs), and a minimum of thrcc fcct from adjaccnt buildings. f. If two adjoining propertics combinc thcir cidc yards for thc purpoccs of having a shard drivcway, cidc yard landscaping rcquircmcnts along that property line will bc waivcd. g. Drivcways may not bc signalizcd. In ordcr to bc considcrcd for installation of a traffic signal, a ncw public or privatc ctrcct must bc conctructcd per thc standards in TMC 18.28.140. h. Thcsc standards may bc varicd by thc Dircctor whcn thcrc is a dcmonstratcd conflict with truck mancuvcring or firc acccsc that cannot bc addrcmcd othcrwicc. D. Parking Lots. 1. Dimcnsions. Minimum parking arc dimcnsions for surfacc parking shall bc as providcd in TMC 18.56, Figure 18 6, "Off ctrcct Parking Arco Dimcncions." 2PAefteuver-abilitt a. Adcquatc ingrcm to and cgrcm from coach parking cpacc shall bc providcd without moving anothcr vchicic and without backing morc than 50 fcct. b. Tandcm parking spaccs (whcrc onc car is parkcd dircctly bchind anothcr) arc allowcd for rcsidcntial unit with two or morc bcdrooms and both cpaccs must bc amigncd for thc cxclucivc ucc of that unit. All tandcm parking cpaccs must bc dcsigncd for full sizc rathcr than compact sizc vchicics bascd on thc dimcnsions in TMC 18.56, Figurc 18 6. c. Turning and mancuvcring cpacc shall bc located cntircly on privatc property (Figurc 18 55) unlcso cpccifically approvcd by thc Public Works Dircctor. Office of the City Clerk 1 City of Tukwila Page 119 of 356 Return to Title d. Thc slopc of off strcct parking spaccs shall not cxcccd 5%. Thc slopc of cntrancc and cxit drivcways providing acccss for off strcct parking arcs and intcrnal drivcway aislcs without parking stalls shall not cxcccd 15%. 3. Surfacc. a. Thc surfacc of any rcquircd off strcct parking or loading facility shall bc pavcd with asphalt, concrctc or othcr similar approvcd matcrial(s) and shall bc gradcd and draincd as to disposc of all surfacc watcr, but not across sidcwalks. b. All traffic control dcviccs, such as parking stripcs dcsignating car stalls, dircctional arrows or signs, curbs and othcr dcvclopmcnts shall bc installcd and complctcd as shown on thc approvcd plans. c. Pavcd parking arcs shall use paint or similar dcviccs to dclinctc car stalls and dircction of traffic. d. Whccl stops shall bc rcquircd on thc periphcry of parking lots so cars will not protrudc into thc public right of way, walkways, off thc parking lot or ctrikc buildings. Whccl stops shall bc two fcct from thc cnd of thc stall of hcad in parking. �. Sctbacks, Pcrimctcr, and Intcrior Landscaping. a. Surfacc parking lots shall sct back a minimum of fivc fcct from any back of sidcwalk, opcn spacc, or building faQadc. Thc sctback shall bc dcsigncd and plantcd as spccificd in TMC 18.28.240.B.6.a. b. Scc TMC 18.28.240.B.6.b for intcrior parking lot landscaping rcquircmcnts. a. A hard surfaccd walkway a minimum of 6 fcct in unobstructcd width shall bc providcd for safc walking arcs through surfacc parking lots bctwccn main building cntranccs and sidcwalks adjaccnt to strccts. Front surfacc parking lots shall providc such routcs at a maximum spacing of cvcry 300 fcct or to each major building cntrancc, whichcvcr is closcr. b. Walkways through parking arcs (scc Figurc 18 56) shall bc scparatcd from vchicular parking and travcl aancs by use of contrasting paving matcrial, curbing, or landscaping and may bc raiscd abovc thc vchicular pavcmcnt. Trccs and pcdcstrian scald lighting (maximum 15 fcct in hcight) shall bc uscd to clearly dcfinc pcdcstrian walkways or othcr pcdcstrian arcs within thc parking arco. Office of the City Clerk 1 City of Tukwila Page 120 of 356 Return to Title e. r'ecl es. man armalkvoays. toff ' mmnmmmmullmmumun r1000100000IIII ooi0000000000m0000000momomo c. Pcdcctrian crossings arc rcquircd whcn a walkway crosccs a pavcd arco acccsrciblc to vchicics. Applicants must continuc thc sidcwalk pattcrn and matcrial across intcrnal drivcways. 6. Lighting and Safcty. Parking and loading areas shall includc lighting capablc of providing adcquatc illumination for sccurity and safcty, providc clear vicws both to and within thc sitc, and bc in scalc with thc hcight and use of thc associatcd ctructurc. Scc also TMC 18.28.280.B, "Lighting." E. Drivc Through Facilitics. 1. Stacking lancs shall bc locatcd to thc roar or Iclact viciblc portion of a building. 2. Stacking lancs shall bc dcsigncd to accommodatc cxpcctcd qucuing. F. Parking Structurcs. 1. Parking structures shall bc locatcd and dcsigncd to minimizc thcir impact on public ctrccts and public cpaccs. Considcr using rcsidcntial dwclling units, rctail storcfronts or officc spacc to linc thc ground Icvcl fagadcs of parking structurca adjaccnt to a pcdcctrian oricntcd ctrcct or opcn spacc. 2. Parking structures shall bc buffcrcd from adjaccnt residcntial dcvclopmcnt with heavy ccrccning (ccc TMC 18.28.230.B.5, "Hc�vy Scrccning"). 3. Scc thc Southccntcr Dcsign Manual (Scction 16, "Parking Structurcs") and thc City of Tukwila's "Parking Structurc Dcsign Cuidclincs" (2001) for additional rcquircmcnts and guidclincs rcgulating parking structures, parking podiums, and garagcs. (Ord„, 2711 §4 (part), 20211 18.28.270 Ccncral Parking Guidclinc3 A. Parking Lot Landscaping. Notc: Scc TMC 18.28.240.B.6 for standards for perimctcr and intcrior parking lot landscaping. 1. Trccs in parking arclas, whcn maturc, should bc largc and havc a high branching, broad hc€adcd form to crc€ato maximum chadc. 2. Landscaping in parking lot intcriors and at cntrics should not obstruct a drivcr's clear sight lincs to oncoming traffic. Office of the City Clerk I City of Tukwila Page 121 of 356 Return to Title a. Landscapc Plantcrs. (1) For a parking arcs on thc top Icvcl of a parking structurc, onc plantcr that is 30 inchcs dccp and 5 fcct cquarc should bc providcd for cvcry 10 parking stalls on thc top Icvcl of thc structurc. containcr and thc spccific sits conditions, including dcsiccating winds. (3) Thc plantcr should bc clustcrcd with othcr plantcrs ncr driving ramps or stairways to maximizc visual cffcct. (1) Only non flammablc mulch such as gravcl should bc uscd. b. Rooftop Gardcn or Grccn Roof. An on sitc rooftop arcs, cqual in sizc to a minimum of 5 squarc fcct of landscaping per such top Icvcl parking stall, may bc covcrcd with vcgctation and soil, or a growing mcdium, plantcd ovcr a watcrproofing mcmbranc. c. Tcrraccd Plantcrs. Upper Icvcls of parking structures can bc stcppcd back and incorporatc irrigatcd o a minimum of 5 cquarc fcct o . d. Grccn Wall. Thc fa;adc of thc parking structurc may bc trclliscd and plantcd with vincs or havc an irrigatcd grccn wall cystcm inctallcd to providc a minimum of 5 cquarc fcct of landscaping per such top Icvcl parking stall. B. Loading Zoncs. Loading zoncs should bc scparatcd from customcr and occupant pcdcstrian arcs. C. Bicycic Parking. 1. Ccncral Standards. a. Racks should bc oricntcd to maximizc thcir cfficicncy and aligncd to kccp obstructions away from pcdcstrian thoroughfares. b. Cluctcrcd arrangcmcnts of racks should bc cct back from walls or ctrcct furniturc to allow bikcs to bc parkcd at both cnds or from cithcr sidc. c. Whcrc morc than onc rack i aicic is mcacurcd from tip to tip of bikc tires acrosro thc cpacc bctwccn racks). This providcs cnough cpacc for onc percon to walk onc bikc. In high traffic arcs whcrc many uscrs park or rctricvc bikcs at thc samc timc, thc rccommcndcd minimum aicic width is 72 inchcs. d. Multiplc buildings should bc scrvcd by many small racks in convcnicnt locations rathcr than a combincd, distant rack arcs. 2. Short Tcrm Parking. a. Bicycic racks should bc c€ sy to find and locatcd no morc than 50 fcct from thc cntrancc of dcstinations. If Bicycic parking is not oacily viciblc from thc ctrcct, a sign must bc poatcd indicating its location. b. Racks should bc locatcd within sight of gathcring placcs or in busy pcdcstrian aroas that providc constant, informal survcillancc of bikcs and acccssorics. c. Building ovcrhangs, canopics or othcr fcatures should bc uscd to providc woathcr protcction. 3. Parking at thc Workplacc. a. Sccurc bicycic ctoragc areas should bc uscd to park bikcs for a full working day. b. Bikc ctoragc aroas should bc locatcd in high visibility aroas clocc to cicvators, stairs and cntranccs. Office of the City Clerk I City of Tukwila Page 122 of 356 Return to Title $icycic parking should always bc protcctcd from thc cicmcnts cithcr indoors, covcrcd by building cicmcnts, or in a scparatc shcltcr. d. Bicycic storagc areas should bc locatcd as closc or closcr to cicvators or cntranccs than thc closcst car parking cpacc, and no morc than 200 fcct from acccss points. (Ord.. 2741 §4 (pant), 20241 18.28.280 Sitc Rcquircmcnt3 A. Pcdcstrian Circulation. Notc: For walkways through parking lots, scc TMC 18.28.260.D.5. 1. Rcdcvclopmcnt of a superblock sitc shall strivc to creatc a pcdcstrian fricndly cnvironmcnt within thc intcrnal layout (scc Figurc 18 57). In addi ' of pcdcstrian walkways that ccrvc as a "grid", connccting thccc walkways to uccs with thc sitc and to thc largcr ctrcct nctwork, and crating smallcr parking areas in placc of one largc parking lot. Pedestrian uuuuuuuuulllllluuuuuu access routes IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uu000mmie i Ilk1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 2. Pcdcstrian acccsrc points shall bc providcd along property cdgcs at pcdcstrian arrival points and coordinatcd with crosswalks, transit stops, trails and paths, and cxisting and planncd adjaccnt dcvclopmcnt. 3. Pcdcstrian paths must bc providcd across landscapc arcs, whcrc nccdcd, to allow convcnicnt pcdcstrian circulation and prcvcnt plants from bcing tramplcd and thcir roots compactcd. 1. Walkways shall bc providcd along any building featuring a customcr or rcsidcntial cntrancc, and along any facadc abutting a parking area (scc Figurc 18 58). Office of the City Clerk 1 City of Tukwila Page 123 of 356 Return to Title Street trees every 30' Pedestrian lighting unobstructed width 12' min Total sidewalk width o ,41111111111111111 5. In thc Regional Ccntcr, TOD, and Pond Districts, whcrc a walkway crosscs a driveway or a pavcd arcs as pavers, bricks, or scorcd concrctc, to enhance pcdcstrian safcty and comfort, as well as thc attractiveness of dcvclopmcnt. Pedestrian rcfugc islands and "spccd tablcs" may also bc uscd to minimizc curb cuts and ramps (spccd tablcs maintain the acvcl of thc adjacent sidewalk at idcntificd pcdcstrian crossings, reversing thc situation whcrc a pcdcstrian must cntcr the zonc of moving vchicics to cross thc street). Thcsc pcdcstrian futures shall bc designed to accommodate firc lanes and cmcrgcncy vchicic access routcs. 6. Thc pcdcstrian marking style uscd shall bc consistent throughout thc dcvclopmcnt. B. Lighting (also scc Scction 3 of thc Southccntcr Dcsign Manual). 1. Safcty. a. Pcdcctrian oricntcd areas, including building entrances, walkways and paths, plazas, parking lots, and parking structures shall bc illuminated to incrc�sc safcty and providc clear vicws both to and within thc site. b. Pcdcctrian walkways whcrc stairs, curbs, ramps, and crosswalks occur shall bc lit for nighttimc safcty. 2. Clarc Prcvcntion. a. Whcrc appropriate, cxtcrior lighting practices must follow thc recommendations of thc Illuminating Engineering Socicty of North Amcrica (IES). b. Ncw lighting fixturcs shall bc "dark sky" compliant, i.c. emitted light should bc directed downward from the horizontal plans of thc light courcc to preserve a dark sky and prevent unnecessary light pollution. Exccptions may bc made for uplit trccs and plants and cxtcrior architectural lighting operated on timcrs to shut off after midnight nightly. c. Whcrc feasible, new fixturcs shall use a rcflcctor and/or a refractor systcm for cfficicnt distribution of light and rcduction of glare. d. Housc sidc shiclds and internal rcflcctor caps shall bc uscd to block light from illuminating residcntiai windows. 3. Hcight. a. Thc maximum mounting hcight for building mountcd lights is 20 fcct abovc finishcd gradc in Workplacc and Corridor Commcrcial Districts and 14 fcct abovc finished gradc in all othcr Districts. b. Thc maximum hcight for polc mountcd lighting at parking lots is 20 fcct from gradc to light courcc; lower heights should bc uscd whcrcvcr possiblc. Office of the City Clerk 1 City of Tukwila Page 124 of 356 Return to Title c. Thc maximum hcight for polc mountcd lighting at pedestrian plazas, walkways, and cntry areas is 12 to 11 fcct in hcight from gradc to light sourcc. C. Walls and Fcnccs (also scc Scction 4 of thc Southccntcr Dcsign Manual). 1. All fcnccs shall bc placcd on thc interior sidc of any rcquircd perimctcr landscaping. 2. Overall hcight of fcnccs and walls locatcd in thc front yard shall not cxcccd 3 fcct. 3. Barbcd wirc, razor wirc, and corrugated mctal fcncing shall not bc permittcd. Chain link fcncing is permittcd only within thc Workplacc District. 1. Scrccning walls shall not cxcccd a hcight of 7 fcct. D. Utility and Scrvicc Aromas (also scc Scction 2 of thc Southccntcr Dcsign Manual). 1. Scrvicc areas shall bc appropriately scrccncd. Carbagc and rccycling dumpstcrs visiblc from thc public realm shall bc ccrccncd from vicw using durable materials that complcmcnt thc building, and incorporatc landscaping intcgratcd with othcr on prcmiscs and adjacent landscaping. Thc opening to thc service arc shall bc locatcd away from thc public sidewalk. 2. Utility and cquipmcnt cabinets shall bc placcd in Icss visiblc areas and scrccncd, or locatcd insidc of a building. 3. Scrvicc cquipmcnt, including satellite rccciving dishcs, transformers, and backflow dcviccs, shall bc locatcd away from ctrccts and cncloccd or ccrccncd from vicw by landscaping, fcncing or othcr architcctural moans. 1. Scrccning of on site mechanical cquipmcnt shall bc intcgratcd as part of a projcct's sitc and building dcsign and shall incorporatc architcctural stylcs, colors and othcr cicmcnts from thc roof and fa;adc composition to carefully integrate screening features. Pickct fcncing, chain Zink fcncing and exposed sheet mctal boxcs arc not permittcd outside of the Workplacc District. (Ord.. 2711 §4 (pant), 20211 Office of the City Clerk 1 City of Tukwila Page 125 of 356 Return to Title CHAPTER 18.30 Cal IMERCIAI /1 1GHT IND1 STRIA1 (C/LI) DISTRICT Ccctions: 18.30.010 Purpose 18.30.020 Land Uscs Allowed 18.30.030 On Sitc Hazardous Substances 18.30.040 Dcsign Rcvicw 18.30.050 Basic Development Standards 18.30.010 Purpose A This district implcmcnts thc Commercial/Light Industrial (CLI) Comprehensive Plan designation. It is intcndcd to providc for areas characterized by a mix of commcrcial, officc, or light industrial uscs. The standards arc intcndcd to promotc commcrcial and industrial aroas. 18.30.020.6antl-lcises-Atieweet Rcfcr to TMC 18.09, "Land Uscs Allowed by District." (Ord„ 2765 41,2025; OrdY 74.1 §4 (part), 20241 (Ord„ 274.1 §4 (pant), 2024) 18.30.030 A No on site hazardous substance processing and handling, or hazardous waste troatmcnt and storagc facilitics shalt bc permittcd, unlcss clearly incidental and secondary to a permittcd usc. On sitc hazardous waste trcitmcnt and storage facilitics shall bc subject to thc Statc siting criteria (RCW 70.105). (Scc TMC 21.08.) [Ord 2765 §42, 2025, rd. 2741 §4 (part), 20241 48:30.040 B Dcsign rcvicw is rcquircd for: Ncw developments within 300 fcct of rcsidcntial districts. 2 All projccts located within thc shorclinc jurisdiction that involvc new building construction or cxtcrior changcs if the cost of thc cxtcrior changcs equals or cxcccds 10% of thc building's assessed valuation. 37 Developments larger than 1,500 squarc fcct outsidc thc shorclinc jurisdiction. 4 Ccrtain cxtcrior repairs, reconstructions, alterations or improvcmcnts to buildings ovcr 10,000 squarc fcct. (Scc TMC 18.60, Dcsign Rcvicw) [Ord„ 2 65 §43, 2025, OrdN 2741 §4 (pant), 20241 Office of the City Clerk 1 City of Tukwila Page 126 of 356 Return to Title 18.30.050 Dcvclopmcnt within thc Commcrcial Light Industrial District shall conform to thc following listcd and rcfcrcnccd standards: C/ I BASIC DEVE OPMENT STANDARDS Sctbacks to yards, minimum: • Front 25 fcct • Sccond front 12.5 fcct • Sccond front, if any portion of thc yard is within 50 fcct of CR, HDR • Sidc3 15 fcct 10 fcct • Sidcs, if any portion of thc yard is within 50 fcct of CR, HDR 1st Floor 15 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct • Raar 3-feet • Rear, if any portion of thc yard is within 50 fcct of CR, HDR 1st Floor 15 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct Rcfcr to TMC 18.52, "Landswpc Rcquircmcnts," Tablc A, for perimctcr and parking lot landscaping rcquircmcnts. I Icight, maximum Off strcct parking 45 fcct Ccc TMC 18.56, Off strcct Parking & Loading Rcgulation3 & Figurc 18 7 Rcquircd Numbcr of Parking Spacc3 for Automobilc3 & Cicycics [Ord„, 2765 §44, 2025; OrdN 2741 rt 20241 Office of the City Clerk 1 City of Tukwila Page 127 of 356 Return to Title CHAPTER 18.32 1 IGHT IND11CTRIA1 (LI) DISTRICT Ccctions: 18.32.010 Purposc 18.32.020 Land Uccs Allowcd 18.32.030 On Sitc Hazardous Subctanccs 18.32.040 Dcsign Rcvicw 18.32.050 Basic Dcvclopmcnt Standards 18.32.010 Purposc A This district implcmcnts thc Light Industrial (LI) Usc Comprchcnsivc Plan dcsignation. It is intcndcd to providc aroas charactcrizcd by dictributivc and light manufacturing uccs, with cupportivc commcrcial and officc uccs. [Ord. 2765 §45, 2025; Ord. 2 .1 §4 (part), 20241 18.32.020.6antl-lcises-Atieweet Rcfcr to TMC 18.09, "Land Uccs Allowcd by District." (Ord„ 274.1 §4 (pant), 2024( 18.32.030 A No on sitc hazardous cubctancc proccscing and handling, or hazardous wastc troatmcnt and ctoragc facilitics chali bc permittcd, unlcss clearly incidcntal and sccondary to a permittcd usc. On sitc hazardous wastc trcitmcnt and storagc facilitics shall bc cubjcct to thc Statc siting critcria (RCW 70.105). (Scc TMC 21.08.) [Ord 2765 §46, 2025; rd. 2 1 1 . (part), 20241 18.32.040 B Dcsign rcvicw is rcquircd for: All projccts locatcd within thc shorclinc jurisdiction that involvc new building construction or cxtcrior changcs if the cost of thc cxtcrior changcs cquals or cxcccds 10% of thc building's asccsccd valuation. 2 Ncw dcvclopmcnts within 300 fcct of residcntial districts. (Scc TMC 18.60, Dcsign Rcvicw) NO rd. 47, 2025, OrdN 2741 m ai t), 20241 Office of the City Clerk 1 City of Tukwila Page 128 of 356 Return to Title 18.32.050 Dcvclopmcnt within thc Light Industrial District shall conform to thc following listcd and rcfcrcnccd standards: I I BASIC DEVE OPMENT STANDARDS Sctbacks to yards, minimum: • Front 25 fcct • Sccond front 12.5 fcct • Sidc3 • Sidcs, if any portion of thc yard is within 50 fcct of CR, HDR 1st Floor 10 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct • Raar 6-feet • Raar, if any portion of thc yard is within 50 fcct of CR, HDR 1st Floor 10 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct Rcfcr to TMC 18.52, "Landswpc Rcquircmcnts," Tablc A, for perimctcr and parking lot landscaping rcquircmcnts. I Icight, maximum Off strcct parking 45 fcct £cc TMC 18.56, Off strcct Parking & Loading Rcgulation3 & Figurc 18 7 Rcquircd Numbcr of Parking 8pacc3 for Automobilc3 & Cicycic3 [Ord; 27d5 § 8, 2025; OidN nil ,4. (part), 2024 Office of the City Clerk 1 City of Tukwila Page 129 of 356 Return to Title CHAPTER 18.31 HEJWV IA DUSTRIA1 (HI) DISTRICT Ccctions: 18.341-0 Purpose 18.34.020 Land Uccs Allowed 18.34.030 On Sitc Hazardous Substances 18.347940 Dcsign Rcvicw 18.34.050 Basic Development Standards 18.34.010 Purpose A This district implcmcnts thc Hc�vy Industrial (HI) Comprchcnsivc Plan designation. It is intcndcd to providc areas characterized by heavy or bulk manufacturing uses and distributive and light manufacturing uses, with supportive commcrciai and officc uscs. The dcvclopmcnt standards arc thc minimum necessary to assure safc, functional, cfficicnt, and environmentally sound dcvclopmcnt. 18.34.020.6ant1-14ses-AHeweet Rcfcr to TMC 18.09, "Land Uccs Allowed by District." (Ord„ 2765 49, 2025, OrdN 274.1 §4 (part), 20241 (Ord„ 274.1 §4 (Ipar), 20241 1 34.03e A No on sits hazardous substance processing and handling, or hazardous waste troatmcnt and storage facilitics chali bc permittcd, unlcss clearly incidental and secondary to a permittcd usc. On sitc hazardous waste trcitmcnt and storage facilitics shall bc subject to thc Statc siting criteria (RCW 70.105). (Scc TMC 21.08.) [Ord 2765 §50, 202.5 Ord. 2741 §4 (part), 2024) 18:34.040 B Dccign rcvicw is rcquircd for: 47 All projccts located within thc shoreline jurisdiction that involvc new building construction or cxtcrior changcs if the cost of thc cxtcrior changcs equals or cxcccds 10% of thc building's assessed valuation. 2 Ncw dcvclopmcnts within 300 fcct of residential dcvclopmcnts. 37 Ncw dcvclopmcnts that arc outsidc thc shoreline jurisdiction and ovcr 45 fcct in hcight. (Scc TMC 18.60, Dccign Rcvicw) (Ord„ 2765 §51, 2025, OrdN 2741 §4 (pant), 202 ) Office of the City Clerk 1 City of Tukwila Page 130 of 356 Return to Title Dcvclopmcnt within thc Hcivy Industrial District shall conform to thc following listcd and rcfcrcnccd standards: HI BASIC DEVE OPMENT STANDARDS Sctbacks to yards, minimum: • Front 25 fcct • Sccond front 12.5 fcct • Sidc3 6-feet • Sidcs, if any portion of thc yard is within 50 fcct of CR, HDR 1st FIooF 10 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct • Raar 3-feet • Raar, if any portion of thc yard is within 50 fcct of CR, HDR 1st FIooF 10 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct Rcfcr to TMC 18.52, "Landswpc Rcquircmcnts," Tablc A, for perimctcr and arking lot landscaping rcquircmcnts. 1 Icight, maximum 115 fcct Off strcct parking £cc TMC 18.56, Off strcct Parking & Loading Rcgulation3 & Figurc 18 7 V rd„. 27d5 §5 , 2025; Ord„ 2741 §4 (par , 20241 Office of the City Clerk I City of Tukwila Page 131 of 356 Return to Title CHAPTER 18.36 MANUFACTURING INDUSTRIAL CENTER/ LIGHT (MIC/1 \ DISTRICT Ccctions: 18.36.010 Purpose 18.36.020 Land Uccs Allowed 18.36.030 On Sitc Hazardous Substances 18.36.040 Dcsign Rcvicw 18.36.050 Basic Development Standards 18.36.010 Purpose A This district implcmcnts thc Manufacturing Industrial Ccntcr/Light Industrial (MIC/L) Comprchcnsivc Plan designation. It is intcndcd to providc a major cmploymcnt arco containing distributive light manufacturing and industrial uses and othcr uses that support those industries. MIC/L's uses and standards arc intcndcd to enhance thc redevelopment of the Duwamish Corridor. 18.36.020.6antl-lcises-Atieweet Rcfcr to TMC 18.09, "Land Uccs Allowed by District." (Ord; 2765 §53, 2025, OrdN 274.1 §4 (part), 20241 (Ord; 274.1 §4 (part), 2024) 18.36.030 A No on sits hazardous substance processing and handling, or hazardous waste treatment and storage facilitics chali bc permittcd, unless clearly incidental and secondary to a permittcd ucc. On sits hazardous waste treatment and storage facilitics shall bc subject to thc State siting criteria (RCW 70.105). (Scc TMC 21.08.) [Ord 2765 §54, 2625 rd. 2741 §4 (part), 262 ) 9 Dccign rcvicw is rcquircd for: 47 All ncw office development. 2 All ncw developments within 300 feet of residential districts. 3- All projccts located within thc shoreline jurisdiction that involvc ncw building construction or cxtcrior changcs if the cost of thc cxtcrior changcs equals or cxcccds 10% of thc building's assessed valuation. (Scc TMC 18.60, Dccign Rcvicw) (Ord; 2765 §55, 2025, OrdN 2741 §4 (part), 20241 Office of the City Clerk 1 City of Tukwila Page 132 of 356 Return to Title 18.36.050 A. Dcvclopmcnt within thc Manufacturing Industrial Ccntcr/Light Industrial District shall conform to thc following listcd and rcfcrcnccd standards: MIC/ BASIC DEVGI OPMENT STANDARDS Sctbacks to yards, minimum: • Front 20 fcct • Sccond front 10 fcct • Sccond front, if any portion of the yard is within 50 fcct of CR, HDR • Sidos 15 fcct Nee • Sidos, if any portion of tho yard is within 50 foot of CR, HDR 1st Floor 15 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct • Roar Nene • Roar, if any portion of tho yard is within 50 foot of CR, HDR 1st Floor 15 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct Rcfcr to TMC 18.52, "Landscapc Rcquircmcnts," Tablc A, for perimctcr and parking lot landscaping rcquircmcnts. Hcight, maximum /15 fcct Off strcct parking Scc TMC 18.56, Off strcct Parking & Loading Rcgulations & Figurc 18 7 Rcquircd Numbcr of Parking Spaccs for Automobilcs & Bicycics. (Ord 2765 §56,2025; Ord 7 .1 ,4. (part), 20241 Office of the City Clerk 1 City of Tukwila Page 133 of 356 Return to Title CHAPTER 18.38 MANUFACTURING INDUSTRIAL CENTER/ HEJWV /MIS/H) DISTRICT Ccctions: 18.38.010 Purpose 18.38.020 Land Uscs Allowed 18.38.030 On Sitc Hazardous Substances 18.38.040 Dcsign Rcvicw 18.38.050 Basic Development Standards 18.38.010 Purpose A. This district implcmcnts thc Manufacturing Industrial CcntcrlHc�vy (MIC/H) Industrial Comprchcnsivc Plan designation. It is intcndcd to providc a major cmploymcnt arco containing hc>avy or bulk manufacturing and industrial uscs, distributive and light manufacturing and industrial uses, and othcr uses that support those industries. MIC/H's uses and standards arc intcndcd to enhance thc redevelopment of thc Duwamish Corridor. Nard 2765 57 2025, OrdN 2741 §4 (pant), 2024 18.38.020 ' and' ^ Rcfcr to TMC 18.09, "Land Uscs Allowed by District." [Ord; 2741 §4 (part), 2024) 18.38.030 A No on sitc hazardous substance proccssing and handling, or hazardous waste treatment and storage facilitics shalt bc permittcd, unless clearly incidental and secondary to a permittcd usc. On sits hazardous waste treatment and storage facilitics shall bc subject to thc Statc siting criteria (RCW 70.105). (Scc TMC 21.08.) [Ord 2765 §58, 202.5 Ord. 2741 §4 (part), 2024) 13.38:040 B Dcsign rcvicw is rcquircd for: 47 All ncw office dcvclopmcnt. 2 All dcvclopmcnt within 300 feet of residential districts. 37 All projccts located within thc shoreline jurisdiction that involvc ncw building construction or cxtcrior changcs if thc cost of thc cxtcrior changcs equals or cxcccds 10% of thc building's asrscsrscd valuation. (Scc TMC 18.60, Dcsign Rcvicw} [Ord; 2765 §59, 2025, OrdN 2741 §4 (pant), 2024 Office of the City Clerk 1 City of Tukwila Page 134 of 356 Return to Title 18.38.050 Dcvclopmcnt within thc Manufacturing Industrial CcntcrlHc�vy Industrial District shall conform to thc following listcd and rcfcrcnccd standards: MIC/H BASIC DEVE OPMENT STANDARDS Sctback3 to yards, minimum: • Front 20 fcct • Sccond front 10 fcct • Sccond front, if any portion of thc yard is within 50 fcct of CR, HDR • Sidc3 15 fcct Nonc • Sidcs, if any portion of thc yard is within 50 fcct of CR, HDR 1st Floor 15 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct • Raar Nonc • Raar, if any portion of thc yard is within 50 fcct of CR, HDR 1st Floor 15 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct Rcfcr to TMC 18.52, "Landswpc Rcquircmcnts," Tablc A, for perimctcr and arking lot landscaping rcquircmcnts. 1 Icight, maximum 125 fcct Off strcct parking Scc TMC 18.56, Off strcct Parking & Loading Rcgulations & Figuro 18 7 Rcquircd Numbcr of Parking Spacc3 for Automobilc3 & Cicycic3 (Ord 2765 §00,2025; Ord 7 .1 ,4. (part), 20241 Office of the City Clerk 1 City of Tukwila Page 135 of 356 Return to Title CHAPTER 18.40 TI 1KWI A \/A 1 1 EY SO1 ITH (TVS) DISTRICT Ccctions: 18.40.010 Purpose 18.40.020 Land Uscs Allowcd 18.40.060 On Sitc Hazardous Substances 18.40.070 Dcsign Rcvicw 18.40.080 Basic Development Standards 18.40.010 Purpose A This district implcmcnts thc Tukwila Vallcy South Comprchcnsivc Plan designation. It is intcndcd to providc an arcs of high intcnsity regional uscs that includc commercial scrviccs, officcs, light industry, warehousing and retail uscs, with heavy industrial uses subjcct to a Conditional Usc Pcrmit. (Ord„ 2741 §4 (pant), 20241 18.40.020.6antl-lcises-Atieweet Rcfcr to TMC 18.09, "Land Uscs Allowcd by District." (Ord„ 274.1 §4 (pant), 2024) A No on sitc hazardous substance proccssing and handling, or hazardous wastc treatment and storagc facilitics shalt bc permittcd, unlcss clearly incidental and secondary to a permittcd usc. On sitc hazardous wastc treatment and storagc facilitics shall bc subjcct to thc Statc siting criteria (RCW 70.105). (Scc TMC 21.08.) (Ord„ 274.1 §4 (pant), 20241 18.40.070 s Dcsign rcvicw is rcquircd for: Ncw development within 300 fcct of residential districts. 2 All projccts located within thc shorclinc jurisdiction that involvc new building construction or cxtcrior changcs if the cost of thc cxtcrior changcs equals or cxcccds 10% of thc building's assessed valuation. 37 Developments larger than 1,500 square fcct. 4 All multi family developments outside thc shorclinc jurisdiction. (Scc TMC 18.60, Dcsign Rcvicw} (Ord„ 2741 §4 (Ipart), 20241 Office of the City Clerk 1 City of Tukwila Page 136 of 356 Return to Title Development within thc Tukwila Vallcy South District shall conform to thc following listed and rcfcrcnccd standards: TVS BASIC DEVE OPMENT STANDARDS Lot arca per unit (multifamily, cxccpt 3cnior citizcn housing), minimum Setbacks to yards, minimum: • Front 2,000 3q. ft. 25 fcct • Sccond front 12.5 fcct • Sidc3 • Sidcs, if any portion of thc yard is within 50 fcct of LDR, MDR, HDR 1st FlooF 10 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct • Raar 6-feet • Raar, if any portion of thc yard is within 50 fcct of LDR, MDR, HDR 1st FlooF 10 fcct 2nd Floor 20 fcct 3rd Floor 30 fcct Rcfcr to TMC 18.52, "Landscape Requirements," Tablc A, for perimctcr and parking lot landscaping requirements. 1 Icight, maximum 115 feet Recreation space 200 sq. ft. per dwclling unit (1,000 sq. ft. min.) Recreation apace, 3cnior citizcn housing Off strcct parking: • Rcsidcntial (cxccpt scnior citizcn housing) • Officc • Rctail • Manufacturing 100 3q. ft. per dwclling unit ecc TMC 18.56, Off strcct Parking/Loading Rcgulation3 3 per 1,000 3q. ft. usablc floor arca minimum 4 per 1,000 3q. ft. usablc floor arca minimum 1 per 1,000 sq. ft. usablc floor area minimum • Warehousing 1 per 2,000 sq. ft. usablc floor area minimum • Othcr tiscs, including scnior citizcn housing Scc TMC 18.56, Off strcct Parking & Loading Regulations Conversion to Rcsidcntial Scc TMC 18.50.230, Rcsidcntial Conversions Performance Standards: Usc, activity and operations within a structure or a site shall comply with (1) standards adopted by thc Pugct Sound Air for watcr quality and hazardous matcrial3. In addition, all development 3ubjcct to thc rcquircmcnt3 of thc State Environmcntal Policy Act, RCW /13.21 C, shall be evaluated to dctcrminc whcthcr adverse environmental impacts have bccn adequately mitigated. (Ord.. 275 §5, 2025; OrdN 27,41 §4 (par , 20241 Office of the City Clerk 1 City of Tukwila Page 137 of 356 Return to Title CHAPTER 18.41 TUKWILA SOUTH OVERLAY (TSO) DISTRICT Sections: 18.41.010 Purpose 18.41.020 Land Uses Allowed 18.41.070 On -Site Hazardous Substances 18.41.080 Design Review 18.41.090 Basic Development Standards 18.41.100 Modifications to Development Standards through Design Review 18.41.110 Final Site Plan 18.41.120 Performance Guarantee 18.41.010 Purpose A. This district implements the Tukwila South Master Plan designation and related policies and provisions of the Tukwila Comprehensive Plan. As an overlay district, the Tukwila South Overlay (TSO) district may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan Area. Within the Tukwila South Overlay, the provisions of this chapter shall supersede the provisions of the underlying zoning district. B. The Tukwila South Overlay district is intended to create a multi -use regional employment center containing high technology, office, commercial, and residential uses. National and international employers specializing in emerging technologies (bio-tech/life sciences) are featured in campus settings. Retail activities range from individual large-scale national retailers to gateway and village retail and shopping centers that support office and high-tech campuses and residential neighborhoods. A mix of single-family and multi -family dwellings at low, medium, and high densities provide a variety of housing opportunities. Tukwila South will create a memorable and regionally identifiable place by building upon the Northwest tradition of quality outdoor environments and quality building materials, combined with traditional Puget Sound building elements. Ours 2741 §4 (part), 2024 18.41.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." Ours 2741 §4 (part), 2024 18.41.070 On -Site Hazardous Substances A. No on -site hazardous substance processing and handling or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 138 of 356 Return to Title 18.41.080 Design Review A. The Director shall require that all development within the Tukwila South Overlay district is consistent with the policies of the Tukwila Comprehensive Land Use Plan and the Tukwila South Master Plan, and conforms to the requirements of this title and any applicable development agreement. B. Design review is required for all non-exempt development within the Tukwila South Overlay district. The applicant may submit a site plan for review for all or a portion of the area covered by the Tukwila South Master Plan. Prospective applicants are encouraged to schedule a pre -application conference as provided by TMC 18.104.050 prior to submitting a design review application. C. The following development activities are exempt from design review: 1. Interior remodeling of existing buildings or structures. 2. Underground utility projects. 3. Detached single-family subdivisions subject to TMC Title 17 — Subdivisions and Plats. 4. Exterior repair, reconstruction, cosmetic alterations or improvements if the cost of that work is less than 10% of the building's assessed valuation. 5. Development that is categorically exempt under the State Environmental Policy Act (SEPA) (RCW 43.21 C). D. Design review includes an examination of the following elements: placement and scale of structures, design, height, form, parking, access, signage, vehicular and pedestrian connections and circulation, environmental considerations, open space, landscaping, and infrastructure needs as described in the Tukwila South Master Plan or any applicable development agreement. The purposes of the review process include: 1. Allowing City staff to review the detailed arrangement of the proposed development to ensure it is consistent with the intent and scope of the Tukwila South Master Plan, as well as any applicable development regulations, zoning district provisions, design review standards, and any approved development agreement provisions. 2. Assure the proposed development is compatible with both the physical characteristics of the site, and the existing and potential uses of the surrounding area as described in an approved Master Plan. 3. Ensure compliance with the requirements of the State Environmental Policy Act (SEPA - RCW 43.21 C) and other applicable regulations and standards. E. All design review applications for development within the Tukwila South Overlay district shall be reviewed in accordance with the following criteria. When two or more of the criteria listed below conflict, the Director shall evaluate the applicability and importance of each based on the intent of the Tukwila South Master Plan and reasonably balance any conflicting criteria in reaching a design review decision. 1. Substantial conformance with the Tukwila South Master Plan, including but not limited to, fostering the vision and guiding principles of the Master Plan. 2. Compliance with the applicable district standards in this title, and other applicable City regulations. Modifications to the development standards may be requested as part of design review per TMC 18.41.100. 3. Substantial consistency with Tukwila Comprehensive Land Use Plan goals and policies. 4. Substantial conformance with the provisions of any applicable development agreement. 5. Substantial conformance with all applicable mitigation measures identified in the associated EIS or other SEPA documents. 6. Adequate public services and facilities necessary to accommodate the proposed use and density are or will be made available. 7. The site is physically suitable for the type of development and for the intensity of development proposed. Office of the City Clerk I City of Tukwila Page 139 of 356 Return to Title 8. Approval of the application will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties and public facilities. 9. Substantial conformance with the criteria contained in the Tukwila South Design Manual for commercial development, the Tukwila South Residential Design Guidelines, or other Design Manual as stipulated by TMC 18.60. 10. Substantial conformance with the Master Open Space and Trails Plan, if applicable. F. Upon completion of the City's review, the Director shall approve, approve with conditions or deny the application, as fol lows: 1. If the Director finds the application meets the applicable criteria and is consistent with the approved Master Plan for that area of the Tukwila South Overlay district, the Director shall approve the proposal. 2. Approve with Conditions: If the Director finds the application does not adequately address one or more of the applicable criteria, but is consistent with the approved Master Plan for the Tukwila South Overlay district, and there is a reasonable basis for conditions, the Director may approve the application with conditions. The intent of such conditions is that they mitigate an impact consistent with the intent of the applicable criterion. Conditions of approval may include, but are not necessarily limited to, the relocation or modification of the proposed structures, additional landscaping, buffering, screening, relocation of access, or other measures necessary to mitigate any impact or reduce hazards. The Director shall specify when the conditions shall be met. 3. Denial: If the Director finds the application does not meet applicable criteria and reasonable conditions cannot be found to mitigate the impact or reduce hazards, the Director shall deny the application as proposed. The Director's decision must specify the reasons for the denial based upon the review criteria. Ours 2741 §4 (part), 2024 18.41.090 Basic Development Standards A. Residential Uses. 1. Residential use development on all lands within the TSO shall conform to the development standards set forth in TMC 18.41.090.A and the Tukwila South Residential Design Guidelines. Modifications to these standards are available pursuant to TMC 18.41.100, "Modifications to Development Standards through Design Review." 2. The development standards herein are based on the height of new residential buildings. Specifically: a. Buildings three stories or less are subject to townhouse and low-rise standards. b. Buildings between four to seven stories are subject to mid -rise standards. c. Buildings eight stories or taller are subject to high-rise standards. d. For buildings with a varying number of stories, the tallest number of stories shall determine which set of standards apply. Office of the City Clerk 1 City of Tukwila Page 140 of 356 Return to Title Table 18.41.090 Tukwila South Overlay Residential Development Standards Standard TSO Townhouses & Low-rise (3 stories or less) TSO Mid -rise (4-7 stories) ! TSO High-rise (8 or more stories) Setbacks/yards, minimum (feet) Front' Arterial streets 15 15 15 All other streets 10 10 10 Side2 Up to 3rd story 5 53 53 49' story and above n/a 154 154 Rear3 Up to 3rd story 5 53 53 49' story and above n/a 154 154 1 In the event modification is pursued under TMC 18.41.100, front setbacks may be reduced to no less than 5 feet. 2 Structures or portions of structures containing multi -family dwelling units that have solar access only from a side or rear setback -facing window(s) must be set back at least 15 feet from side and rear property lines. Structures must also maintain at least 15 feet of separation from adjacent structure elevations that provide the only solar access for a multi -family dwelling unit. See the Tukwila South Residential Guidelines for a graphic example. 3 When adjacent to a townhouse, the minimum setback is 15 feet. 4 When adjacent to a townhouse, the setback for portions of a structure taller than 35 feet must increase by 1 foot for each additional 1 foot in building height. Building height, maximum (feet) Building Height 45 85 125 Outdoor lighting height, maximum (feet) Light poles in parking areas 20 20 20 Light poles along pedestrian walkways, trails, plazas, building entries, and other pedestrian -oriented areas 12 12 12 Building wall -mounted lighting 15 15 15 Building mounted lights fully recessed into the underside of a ceiling, soffit, or overhang No limit No limit No limit Building length, maximum (feet) Maximum building length 200 200 200 Recreation space per unit, minimum square footage (see TMC 18.41.090.3 for more information)7'8 Recreation space Residential development must provide on -sites and off-sitel8 recreation space at the following standard: • 200 square feet total. 0 75 square feet per unit, on -site. 0 125 square feet per unit, off -site. 7 Senior citizen housing must provide 100 square feet of recreation space per unit. 8 Developments with 10 or more dwelling units must provide a children's play area in the on -site recreation space. A children's play area is not required for senior citizen housing or if the proposed structure or related development project is within 1/4 mile, measured along constructed sidewalks and/or trails of the perimeter, of a recreation facility for children that is open to residents of the proposed structure. 9 Recreation area provided on -site must be functional space for active and passive recreation purposes and located within the same parcel or tract as the proposed development. 10 The Director may approve the required off -site recreation area to be located on -site provided that the recreation space meets the design guidelines set forth in this chapter. If off -site recreation space is approved to be located on -site, that space must be active outdoor recreation space. Parking spaces per dwelling unit, minimum Studio 1 1 1 1-bedroom 1 1 1 2-bedroom 1.5 1.5 1.5 3-bedroom 2 2 2 Conversion to Residential See TMC 18.50.230, Residential Conversions Office of the City Clerk 1 City of Tukwila Page 141 of 356 Return to Title 3. Off -Site Recreational Area Requirements. The following requirements would apply to Off -Site Recreational Areas within the TSO district: a. Off -Site Recreational Area Conditions: (1) Off -site recreation areas must be accessible within 1/4 mile for a children's play area up to 1/2 mile for all other offsite recreation areas as measured from the closest structure containing residential units; accessory buildings such as fitness centers, parking garages, utility structures, etc. will not qualify. Off -site recreation space located up to 1 mile from a structure containing residential units as measured along existing or future sidewalks and trails shall be credited toward meeting the offsite recreation space requirement. (2) A recreation area constructed in fulfilment of this requirement should be designed to serve the neighborhood in which it is located. The space may be privately -owned, provided residents living in the area have access. New improvements must be located adjacent to, and highly visible from, a street (public or private) or public trail. The facilities to be located will be approved by the Director during the design review and/or subdivision process. b. Minimum Off -Site Recreational Area Design: Minimum size requirements apply: 1/ 4 acre of usable off -site recreation space must be provided to meet the standard. This qualifies as the minimum size for an off -site recreation area. Off -site recreational areas must be designed and sized to accommodate a combination of active and passive recreational facilities. Examples of qualifying facilities: (1) Children's play equipment (2) Picnic areas and/or tables (3) Benches (4) Pea patch/other specialized community garden (5) Grass fields/areas of suitable size for active recreation (6) Sport courts (7) Trails and associated landscaped corridors on private property (8) Other amenities the Director determines meet the goal of providing active or passive recreation opportunities c. Larger Off -Site Recreational Areas: (1) Any offsite recreation area developed in excess of the offsite recreation area requirement for a given development, regardless of their size and subject to the 1/4-acre size minimum, may be banked toward future development for an indefinite period. (2) Should a larger, consolidated recreation area of 2.0 acres or more be provided, the improvements can be used to fulfill current development proposal requirements. See "Timing of Recreation Space Provision" below for more information. (3) If a project constructs a recreation area of less than 2.0 acres but greater than a development's required offsite recreation amount, the area developed in excess may be banked only if the offsite recreation area is constructed at the same time as the residential project. (4) To qualify, the proposed recreation area must be located adjacent to, and highly visible from, a street (public or private) or trail and provide a range of active and passive recreational opportunities (as outlined in this Chapter) for multiple ages and physical abilities. Only those areas that are usable may count towards the off -site recreation space requirement. The following areas are excluded: parking lots, utility sheds, inaccessible natural/planted areas, any landscaped area required by code, and unimproved steep slopes as defined in TMC 18.45.120. (5) Larger off -site recreational areas are typically characterized by recreational activities that serve a range of individuals and groups, such as field games, court games, craft areas, playground apparatus, picnicking, and space for Office of the City Clerk I City of Tukwila Page 142 of 356 Return to Title quiet/passive activities. Neighborhood recreation areas may contain active recreational facilities such as softball, basketball, volleyball, handball, tennis, children's play structures, trails, and grass areas for activities and/or picnic facilities. d. Timing of Recreation Space Provision: Construction of off -site recreation space must meet the following timelines. (1) For sites under 2.0 acres in area, the off -site recreation space must be constructed and receive final construction permit approval prior to the issuance of certificate of occupancies for any project receiving credit for the off -site recreation space. (2) For sites equal to or in excess of 2.0 acres, the City will permit delayed construction of the off -site recreation space as follows: (a) Construction permits must be applied for within two years of the associated residential project(s) using such off -site recreation space to satisfy their recreation space requirement and receiving certificate(s) of occupancy. Provided: i. A financial guarantee (bond, assignment of account, irrevocable standby letter of credit, or cash), acceptable to the Director, in an amount necessary to complete the off -site recreation improvements is provided to the City. ii. The owner of the property for the off -site recreation area has provided an appropriate legal mechanism acceptable to the City to access the identified off -site recreation area, such as an easement, at no cost, and to construct the off -site recreation space improvements in the event that the applicant and/or property owner have not completed the improvements within the prescribed timelines. iii. The requirements in TMC 18.41.090.A.3.d.(a).i and ii are not required if the permits for off -site recreation space have received final approval by the City. (3) No additional residential projects within the 1/2 mile radius of the deferred off -site recreation area will be allowed to move forward with construction until such off -site recreation space construction has been completed. (4) Construction of the off -site recreation improvements must be completed within a timely manner from permit approvals. If adequate provisions, as determined by the Director, cannot be put in place to ensure the future construction of the off -site recreation space, then the space shall be constructed prior to the issuance of any certificate of occupancy for any developments using the off -site area to meet recreational space requirements. e. Sensitive Area Tracts: Off -site recreation space credit can be given for any trails, lookouts, or other passive recreation activities constructed within sensitive area tracts, subject to compliance with the City's Sensitive Area Master Plan for Tukwila South and the City's Environmental Areas Ordinance. The sensitive areas tracts would need to meet the locational requirements outlined in this Chapter (1/2 mile from closest perimeter of a residential project). Only the areas of improvement within a sensitive area tract would count towards the recreation space requirement, not the entire tract. 4. Performance Standards: Use, activity, and operations within a structure or a site shall comply with: (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants; (2) TMC 8.22, "Noise"; and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. B. Connectivity and Circulation Guidelines. 1. Any development with a residential component shall front a roadway that meets City approved public or private street standards. 2. Access to development sites needs to include provisions for non -motorized circulation, including dedicated pedestrian access that separates pedestrians from motorized traffic via curb and/or landscaped planter strip. Development along public rights -of -way should not preclude bus stops and bike infrastructure. Private street development, contained within tracts or easements, may be required to include shared and/or dedicated bike lanes, on -street parking, and/or drop-off/loading zones. Office of the City Clerk I City of Tukwila Page 143 of 356 Return to Title 3. Existing curb cuts from Southcenter Parkway and South 200th Street are to be used for access to the adjacent development sites and to extend private streets, contained within tracts or easements. If no curb cut exists along an existing road fronting a development site, City of Tukwila Public Works may review and approve new curb cut location(s) along such street frontage, subject to intersection spacing and site distance standards. 4. New streets are encouraged to connect to adjacent parcels at an interval no greater than 700 feet. Where nearby parcels and associated private streets have already been developed, proposed private streets, whether in tracts or easements, shall align and connect. 5. Future block development is encouraged to create a maximum block perimeter 2,000 linear feet. The block will be defined with a minimum of two vehicle through connections. The remaining two sides of the block may be pedestrian/bicycle connections only or could accommodate vehicle traffic; see example below. 6. Permanent dead-end streets should be avoided, if possible. 7. All developments must meet minimum Fire Department and Public Works Department access and grade requirements including, but not limited to, minimum street clearance, turning radii, and turnaround design. 8. The Director may provide exceptions to these guidelines in the event they are unable to be adhered to due to physical/topographical constraints, the creation of an unusable parcel(s) of land, or an inability to fulfill the requirements without significantly interfering with the proposed function(s) of the development given that the overall intent of the guidelines is still fulfilled. BLOCK EXAMPLE: frrrrrrrrrrrrrrrrrrrr A'a4;g'«srri4111+1 pSPawt�k f+„w„i-'�rKla,b Fw"ern Black A Mavien Penimrm ,lv, 11,800ywr«r1 �9M rru i rirr-P Cyi, yd Block B SSIewt Office of the City Clerk 1 City of Tukwila Page 144 of 356 Return to Title C. Non -Residential Uses. All non-residential use development on all lands within the TS0 shall conform to the development standards set forth in TMC 18.41.090.C. Modifications to these standards are available pursuant to TMC 18.41.100, "Modifications to Development Standards through Design Review." Lot N/A Setbacks: Front — adjacent to a public street 15 feet* Second Front — adjacent to a public street 15 feet* Sides None*; increased to 10 feet if adjacent to residential use or non-TSO zoned property Rear None*; increased to 10 feet if adjacent to residential use or non-TSO zoned property Height 125 feet Landscaping: Fronts — adjacent to a public street 15 feet Side None; increased to 10 feet if adjacent to residential use or non-TSO zoned property Rear None; increased to 10 feet if adjacent to residential use or non-TSO zoned property Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for requirements Off-street parking: See TMC Chapter 18.56 *Subject to modification to meet Fire Department Access Requirements Ours 2758 10, 2025; Ours 2741 §4 (part), 2024 18.41.100 Modifications to Development Standards through Design Review A. An applicant may request a modification to the Basic Development Standards established by TMC 18.41.090 as part of a design review application. The applicant shall submit a written description of the proposed modification and address the decision criteria stated in TMC 18.41.100.B; the Director may condition the approval of a modification request when such conditions are necessary to achieve conformity with these decision criteria. B. The Director may grant modifications to the Basic Development Standards established by TMC 18.41.090 for individual cases provided that, for development of a residential use, the Director shall find that either the modification is allowed because it results in a more thoughtful urban design for the project consistent with the Tukwila South Residential Design Guidelines, or that all five criteria below are met and, for development of a non-residential use, the Director shall find that all five criteria below are met: 1. The modification is required due to unique circumstances related to the subject property that create significant practical difficulties for development and use otherwise allowed by this code; 2. The modification conforms to the intent and purpose of the Tukwila South Master Plan, any applicable development agreements, and this code; 3. The modification will not be injurious to other property(s) in the vicinity; 4. The modification will not compromise the current or reasonably anticipated provision of circulation, access, utility service or any other public service; and 5. An approved modification shall be the minimum necessary to ameliorate the identified practical difficulties giving rise to the request. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 145 of 356 Return to Title 18.41.110 Final Site Plan A. Within 90 days of the approval by the Director, final plans shall be prepared and filed with the City. These plans shall include all required modifications and applicable conditions contained in the Director's Notice of Decision. B. The final plans are not required to be recorded unless there is an associated land division application, such as a binding site plan or subdivision. Ours 2741 §4 (part), 2024 18.41.120 Performance Guarantee A. The Building Official may not issue a Certificate of Occupancy until all improvements included in the approved plans have been installed and approved, with the following exceptions: 1. A performance guarantee has been posted for the improvements not yet completed. 2. The phasing of improvements has been accounted for in an associated Binding Site Plan, infrastructure phasing agreement, a condition of approval, or a development agreement. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 146 of 356 Return to Title CHAPTER 18.42 PUBLIC-RECRREAi IOAOVERLAY (PRO) DISTRICT Ccctlons. 18.42.010 Purpose 18.42.020 Land Uscs Allowcd 18.42.030 Basic Dcvclopmcnt Standards 18.42.010 Purpose A This district implcmcnts thc Public Rccrc�tion Ovcrlay (PRO) Comprchcnsivc Plan designation, which is intended to reserve certain areas owncd or controllcd by a public or quasi public agency for cithcr passive or active public rccrcaation use. As an overlay district, thc PRO District may bc combined with any othcr district established by this Titic, and thc provision) of this chapter shall bc in addition to thc provision for thc undcrlying district. NOrd 2765 61, 2025, OrdN 2741 §4 (pant), 2024)° 18.42.020 'and U3c3 ^ ""wed' Rcfcr to TMC 18.09, "Land Uscs Allowcd by District." N,Ord. 274.1 §4 (part), 20241 18.42.030 Dcvclopmcnt standards for thc PRO District shall bc as specified by TMC 18 for thc undcrlying district. Howcvcr, whcn thc undcrlying district is thc CR (Community Rcsidcntial) District, structures may bc granted a hcight bonus of ono additional foot of hcight for cvcry four fcct of cxccss sctback (i.c., sctback ovcr and above thc CR minimum standard), up to a maximum hcight of 50 fcct. Ancillary facilitics customarily installed in conjunction with a permittcd recreational usc, including fight standards and safety nctting, shall not bc subjcct to thc hcight restrictions of thc undcrlying district. Structures for which a hcight bonus is requested and any ancillary facilitics taller than thc undcrlying hcight restrictions shall bc subjcct to Design Rcvicw approval undcr thc "Commercial and Light Industrial Dcsign Rcvicw Critcria" provisions of TMC 18.60. NOrd 2765 §62, 2025, OrdN 2741 §4 (pant), 2024)° Office of the City Clerk 1 City of Tukwila Page 147 of 356 Return to Title CHAPTER 18.43 URBAN RENEWAL OVERT AV /I IRO\ DISTRICT Ccctions: 18.43.010 Purpose 18.43.020 Principally Pcrmittcd Uccs 18.43.030 Acccssory Uscs 18.43.040 Hcight, Yard and Arco Rcgulations 18.43.050 Parking Rcgulations 18.43.060 Application Rcgulations 18.43.070 Spccific Urban Rcncwal Ovcrlay Dcvclopmcnt Standards and Critcria 18.43.080 Basic Dcvclopmcnt Standards 18.43.010 Purpose A This chaptcr implcmcnts thc Urban Rcncwal Ovcrlay (URO) District, which applics thc adoptcd Tukwila Intcrnational Boulcvard Rcvitalization and Urban Rcncwal Plan. Thc intcnt is to promotc community rcdcvclopmcnt and rcvitalization, and to cncouragc invcctmcnt that supports wcll dccigncd, compact, transit oricntcd and pcdcctrian fricndly residcntial and busincss dcvclopmcnts to activatc thc community along Tukwila Intcrnational Boulcvard. URO District Boundarics arc shown in (Figurc 18 15.) This ovcrlay may bc applicd in combination with thc Commcrcial Rcdcvclopmcnt Arcs proccdurcs as dcscribcd in TMC 18.60.060. (Ord. 2765 §63, 2025, Ord 274.1 §4 (part), 20241 18.43.020 Principally Pcrmittcd Usc3 • Thc URO District is an ovcrlay zonc which allows thc uscs permittcd in thc undcrlying zoning district, whilc bcing concictcnt with all additional rcquircmcnts of this chaptcr. In addition, largcr scale multi family buildings arc permittcd in thc CR district within thc URO District. (Ord. 2765 C4°, 2025, Ord 274.1 4. (part), 20241 1:43.030 Acccssory Usc3 • Thc URO District is an ovcrlay zonc which allows thc acccssory uscs permittcd in thc undcrlying zonc district, whilc bcing concictcnt with all additional rcquircmcnts of this chaptcr. (Ord. 2765 §65, 2025, Ord 2741 4. (part), 20241 18 43704e , A All cctbacks shall bc as providcd in thc undcrlying zoning district, cxccpt as may othcrwicc bc spccificd in this chaptcr. (Ord. 2741 §4 (part), 20241 1T8.43706e A Parking shall bc rcquircd as spccificd in TMC 18.56, cxccpt as may othcrwisc bc spccificd by this chaptcr. Nord 2741 §4 (part), 20241 Office of the City Clerk 1 City of Tukwila Page 148 of 356 Return to Title Parcels located within thc URO District arc idcntificd on thc official Zoning Map, as well as in TMC 18, Figurc 18.15, and arc subjcct both to its zonc classification regulations and to additional rcquircmcnts imposcd for thc URO District. The URO District provisions shall apply in any case whcrc thc provisions of thc URO District conflict with thc provisions of the undcrlying zonc. [Ord. 2765 §66, 2025;Ord. f 1 (part), 20241 18.43.070 A. Thc URO District's supplemental dcvclopmcnt standards arc as follows, providcd certain critcria arc mct: 1. Building hcights shall bc permitted up to 65 fcct; 2. Existing NCC setback standards shall bc followed per TMC 18.22.080. (Scc Urban Rcncwal Basic Dcvclopmcnt Standards.) 3. Multi family parking standards shall bc onc parking spacc per c€ach dwclling unit that contains up to ono bcdroom, plus 0.5 cpaccs for cvcry bcdroom in cxccsc of onc bcdroom in a dwclling unit. Thc maximum numbcr of dwclling units shall bc determined by thc building cnvclopc, rather than a numcric dcnsity. Thc applicant shall dctcrminc thc unit mix with thc limitation that studio units contain an average sizc of at Ic€ast 500 cquarc fcct of intcrior floor spacc with no units cmallcr than 450 cquarc fcct and allow no morc than 40% of thc dwclling unit to bc studios. 5. Allow live/work spacc on thc ground floor to mcct thc NCC rcquircmcnt for ground floor rctail or officc spacc if thc live/work spacc is built to commcrcial building codc standards with a typical rctail storefront appearance. 6. Allow ground floor rcsidcntial uscs in thc NCC zonc in buildings or portions of buildings that do not front on an arterial. B. Thc URO District's dcvclopmcnt standards apply if thc applicant rcqucsts, and if all thc following critcria arc mct: 1. At Ic€ast 100 fcct of thc parccl's perimctcr fronts on Tukwila Intcrnational Boulcvard. 2. At last 75% of rcquircd rcsidcntial parking is providcd in an enclosed ctructurc (garagc or podium). The ctructurc must bc screened from vicw from public rights of way. 3. Thc ground floor along Tukwila Intcrnational Boulcvard must contain active uscs (cxccpt for thc width of the garagc access) whcn cite conditions allow. Activc uses comprise uses such as rctail, restaurant, officc, live work or othcr rises of a similar nature that cncouragc pcdcstrian activity, and feature a combination of dcsign and amcnitics to create a scnsc in intcrest with feat ,res �, ch door, wi ,�owc, clear glass display windows, widc sidewalks, ctc. �. Dcvclopmcnt must providc amcnitics such as some of thc following to enable a high quality pcdcstrian cxpericncc, including rctail windows, pcdcstrian scale dcsign along sidcwalks, widc sidcwalks, pcdcstrian access through citc, bcnchcs, art, landscaping and lighting, quality of matcrials, and ctrcct furniturc. 5. Thc applicant shall prepare a Transportation Managcmcnt Plan to cncouragc alternatives to automobile usc, and that providcs c€ach rcsidcntial and commcrcial tenant with matcrials that may range from offcring information about transit and bicycic options to providing transit tickets and passes. 6. Residential dcvclopmcnt shall providc opportunitics for tenants to usc a car sharing program and make ono cpacc availablc at no charge to a car sharing program (if availablc) for cvcry 50 to 200 rcsidcntial units on site. An additional cpacc shall bc providcd for developments with ovcr 200 units. All car share cpaccs arc in addition to rcquircd rccidcntia[ parking. If car sharing programs arc not availablc whcn thc building is constructcd, an equivalent numbcr of gucst parking cpaccs shall bc providcd. Thccc shall bc converted to dcdicatcd car sharing cpaccs whcn thc program bccomcs availablc. 7. Onc sccurc, covcrcd, ground Icvcl bicycic parking spacc shall bc providcd for cvcry four rcsidcntial units in a nnixcd usc or multi family dcvclopmcnt. (Ord„, 2765 61, 2025, Ord 2711 §1 (pant), 2021( Office of the City Clerk 1 City of Tukwila Page 149 of 356 Return to Title 18.43.080 A. If rcqucstcd by thc applicant and if thc spccific rcquircmcnts and critcria of TMC 18.43.070a and 18.43.070b arc mct, dcvclopmcnt within thc URO District shall conform to thc following listcd and rcfcrcnccd standards. B. In thc Tukwila Intcrnational Boulcvard corridor, thcrc arc circumstanccs undcr which thcsc basic standards may be waivcd (scc TMC 18.60.020). Ccrtain sctback and landscaping standards may bc waivcd by thc Dircctor whcn an applicant can dcmonstratc that: (i) sharcd parking is providcd, or (ii) thc numbcr of drivcways is rcduccd, or (iii) cfficicncy of thc sitc is incwscd, or (iv) joint use of parking facilitics is allowcd, or (v) pcdcstrian spacc is providcd. Landscaping and sctback standards may not bc waivcd on commcrcial property sidcs adjaccnt to rcsidcntial districts. (Scc thc Tukwila Intcrnational Boulcvard Dcsign Manual for morc dctailcd dircctions.) Unit dcnsity Thc maximum numbcr of dwclling units is dctcrmincd by thc building cnvclopc as in thc NCC zonc, rathcr than a numcric dcnsity. Unit sizc and maximum perccntagc for studio dwcllings Thc applicant shall dctcrminc thc unit mix with thc limitation that thc studio units contain an avcragc sizc of at Icast 500 squarc fcct of ntcrior floor spacc with no units smallcr than 450 squarc fcct and allow no morc than 40% of thc dwclling units to bc studios. £ctbacks to yards, minimum (unlcsc notcd) Front 6 fcct (12 fcct if locatcd along Tukwila Intcrnational Boulcvard South) Sccond front, if any portion of thc yard is within 50 fcct of CR, HDR 1 " floor 10 fcct Sccond front Sccond front, if any portion of thc yard is within 50 fcct of CR, HDR 1 " floor 10 fcct 2^d floor and abovc 20 fcct Sidco 10 fcct Sidcs, if any portion of thc yard is within 50 fcct of CR, HDR Rccr, if any portion of thc yard is within 50 fcct of, CR, HDR 1 " floor 10 fcct 2^d floor 20 fcct 3rd floor and highcr 20 fcct 1 " floor 10 fcct 2^d floor and abovc 20 fcct Hcight, maximum 65 fcct (if all critcria arc mct) Landscapc rcquircmcnts (minimum): ecc Landscapc rcquircmcnts of spccific undcrlying zonc. AI3o scc Landscapc, Rccrcation, Rccycling/Solid Wastc Cpacc rcquircmcnts chaptcr for furthcr rcquircmcnts Front(s) All building sctback arcas must bc landscapcd or dcvclopcd with pcdcstrian improvcmcnts per thc width of thc sctback, rathcr than thc Landscapc standards of thc undcrlying zonc. Front if any portion of thc yard is adjaccnt to, or across thc strcct from, LDR zoning that is dcvclopcd with a singlc family dwclling and that is outsidc of thc Urban Rcncwal Ovcrlay District Front(s), if any portion of thc yard is within 50 fcct of MDR, HDR All building sctback arcas must bc landscapcd or dcvclopcd with pcdcstrian improvcmcnts per thc width of thc sctback, rathcr than thc Landscapc standards of thc undcrlying zonc. All building sctback arcas shall bc landscapcd or dcvclopcd with pcdcstrian improvcmcnts per thc width of thc sctback, rathcr than thc landsoapc standards of thc undcrlying zonc. Sidco Norio Sidcs, if any portion of thc yard is within 50 fcct of LDR, MDR, HDR 10 fcct Office of the City Clerk 1 City of Tukwila Page 150 of 356 Return to Title ,Roar Nonc ,Rccr, if any portion of thc yard is within 50 fcct of MDR, HDR Rccraation spacc Rccraation spacc, scnior citizcn housing Off strcct parking: Rcsidcntial (cxccpt scnior citizcn housing) 10 fcct £cc undcrlying zoning £cc undcrlying zoning Onc automobilc parking spacc per coach dwclling unit that contains up to one bcdroom plus 0.5 spaccs for cvcry bcdroom in cxccsc of ono bcdroom in a multi family dwclling unit. At Icast 75% of rcquircd rcsidcntial parking is providcd in an cncloscd otructurc (garagc or podium). The atructurc must bc acrccncd from vim from public rights of way. Onc automobilc spacc at no chargc to a oar sharing program (if availablc) for cvcry 50 to 200 rcsidcntial units on sitc. An additional cpacc shall bc providcd for dcvclopmcnts with ovcr 200 units. All czar charc spaccs arc in addition to rcquircd rcsidcntial parking. If czar charing programs arc not availablc whcn thc building is constructcd, an cquivalcnt numbcr of gucst parking spaccs shall bc providcd. Thcsc shall bc convcrtcd to dcdimtcd car sharing spaccs whcn tho program bccomcs availablc. Onc sccurc, covcrcd, ground Icvcl bicycic parking spacc shall bc providcd for cvcry four rcsidcntial units in a mixcd use or multi family dcvclopmcnt. Othcr uscs, including scnior citizcn housing £cc TMC 18.56, Off strcct Parking & Loading Rcgulationa ',;Ord 2765 §d k2025; Ord 1 , 20241 Office of the City Clerk I City of Tukwila Page 151 of 356 Return to Title CHAPTER 18.44 SHORELINE OVERLAY Sections: 18.44.010 Purpose and Applicability 18.44.020 Shoreline Environment Designations 18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix 18.44.040 Shoreline Buffers 18.44.050 Dcvclopmcnt Standards 18.44.060 Vcgctation Protcction and Landscaping 18.44.070 Environmcntally Critical Arcs within thc Shorclinc Jurisdiction 18.44.080 Public Acccss to thc Shorclinc 18.44.090 Shorclinc Dcsign Cuidclincs 18.44.100 Shorclinc Rcstoration 18.44.110 Administration 18.44.120 Appcalc 18.44.130 Enforccmcnt and Pcnalticc 18.44440 y 18.44.010 Purpose and Applicability A. The purpose of this chapter is to implement the Shoreline Management Act of 1971, as amended, and the rules and regulations thereunder as codified in the Washington Administrative Code; and to provide for the regulation of development that affects those areas of the City under the jurisdiction of the Shoreline Management Act. In particular, the purpose of this chapter is to: 1. Recognize and protect shorelines of State-wide significance; 2. Preserve the natural character of the shoreline; 3. Protect the resources and ecology of the shoreline; 4. Increase public access to publicly -owned areas of the shoreline; 5. Increase recreational opportunities for the public in the shoreline: 6. Protect and create critical Chinook salmon habitat in the Transition Zone of the Green River. B. After the effective date of this ordinance, TMC 18.44, as hereby amended, shall apply to all properties subject to the shoreline overlay, provided that nothing contained herein shall be deemed to override any vested rights or require any alteration of a non -conforming use or non -conforming structure, except as specifically provided in TMC 18.44. C. Pursuant to WAC 173-26-191 (2)(c), this chapter, together with the Shoreline Element of the Comprehensive Plan, constitutes the City of Tukwila's Shoreline Master Program. Any modifications to these documents will be processed as a Shoreline Master Program Amendment and require approval by the Department of Ecology. Or s 27 5 § , 2025,Or s 2/1„1 4 (part), 2024 18.44.020 Shoreline Environment Designations A. All shoreline within the City is designated "urban" and further identified as follows: 1. Shoreline Residential Environment. All lands zoned for residential use as measured 200 feet landward from the Ordinary High Water Mark (OHWM). 2. Urban Conservancy Environment. All lands not zoned for residential use upstream from the Turning Basin as measured 200 feet landward from the OHWM. Office of the City Clerk 1 City of Tukwila Page 152 of 356 Return to Title 3. High Intensity Environment. All lands downstream from the Turning Basin as measured 200 feet landward from the OHWM. 4. Aquatic Environment. All water bodies within the City limits and its potential annexation areas under the jurisdiction of the Shoreline Management Act waterward of the Ordinary High Water Mark. The Aquatic Environment includes the water surface together with the underlying lands and the water column. Ours 2741 §4 (part), 2024 18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix A. TMC 18.44.030.A, including the Use Matrix (Figure 18-1), specifies the uses that are permitted outright, permitted as a Conditional Use or prohibited altogether for each Shoreline Environment. Also included are special conditions and general requirements controlling specific uses. These regulations are intended to implement the purpose of each Shoreline Environment designation. B. In the matrix, shoreline environments are listed at the top of each column and the specific uses are listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row indicates whether a use may be allowed in a specific shoreline environment and whether additional use criteria apply. The matrix shall be interpreted as fol lows: 1. If the letter "P" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment if the underlying zoning also allows the use. Shoreline (SDP, CUP and Variance) permits may be required. 2. If the letter "C" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review and approval procedures specified in TMC 18.44.110.E. 3. If the letter "X" appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment. C. In addition to the matrix, the following general use requirements also apply to all development within the shoreline jurisdiction. Additional requirements controlling specific uses are set forth for each Shoreline Environment designation, to implement the purpose of the respective Shoreline Environment designations. 1. The first priority for City -owned property, other than right-of-way, within the shoreline jurisdiction shall be reserved for water -dependent uses including but not limited to habitat restoration, followed by water -enjoyment uses, public access, passive recreation, passive open space uses, or public educational purposes. 2. No hazardous waste handling, processing or storage is allowed within the SMA shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline environment and adequate controls are in place to prevent any releases to the shoreline/river. 3. Overwater structures, shall not cause a net loss of ecological function, interfere with navigation or flood management, or present potential hazards to downstream properties or facilities. They shall comply with the standards in the Overwater Structures Section of TMC 18.44.050.K. 4. Parking as a primary use is not permitted, except for existing Park and Ride lots, where adequate stormwater collection and treatment is in place to protect water quality. Parking is permitted only as an accessory to a permitted or conditional use in the shoreline jurisdiction. 5. All development, activities or uses, unless it is an approved overwater, flood management structure or shoreline restoration project, shall be prohibited waterward of the OHWM. Office of the City Clerk 1 City of Tukwila Page 153 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X= Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer AGRICULTURE Farming and farm -related activities X X X P X X X Aquaculture X X X X X X X COMMERCIAL (1) General X X X P X P (2) P (3) Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) X X X C X C (2) X Contractors storage yards X X X C X C (2) X Water -oriented uses C P C P C P C Water -dependent uses P (4) P (5) P (4) P P (4) P P Storage P (6) P (5) P (6) P P (6) P X CIVIC/INSTITUTIONAL General X P X P X P X DREDGING Dredging for remediation of contaminated substances C (7) NA C (7) NA C (7) NA C (7) Dredging for maintenance of established navigational channel NA NA NA NA NA NA P (8) Other dredging for navigation NA NA NA NA NA NA C (9) Dredge material disposal X X X X X X X Dredging for fill NA NA NA NA NA NA X ESSENTIAL PUBLIC FACILITY (WATER DEPENDENT) P P P P P P P ESSENTIAL PUBLIC FACILITY (NONWATER DEPENDENT) (10) C C C C C C C FENCES P (11) P C (11) P C (11) P X FILL General C (12) P C (12) P C (12) P C (12) Fill for remediation, flood hazard reduction or ecological restoration P (13) P P (13) P P (13) P P (13) FLOOD HAZARD MANAGEMENT Flood hazard reduction (14) P P P P P P P Shoreline stabilization (15) P P P P P P P INDUSTRIAL (16) General X X P (3) P P (3) P (2) P (3) Animal rendering X X X C X X X Cement manufacturing X X X C X C (2) X Hazardous substance processing and handling & hazardous waste treatment and storage facilities (on or off -site) (17) X X X X X X X Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials X X X C X C (2) X Salvage and wrecking operations X X X C X C (2) X Tow -truck operations, subject to all additional State and local regulations X X X C X P (2) X Truck terminals X X X P X P (2) X Water -oriented uses X X C P C P C Water -dependent uses (17) X X P (4) P P (4) P P MINING Office of the City Clerk I City of Tukwila Page 154 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X= Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer General X X X X X X X OVERWATER STRUCTURES (18) Piers, docks, and other overwater structures P (19) NA P (20) NA P (20) NA P (20,21) Vehicle bridges (public) P (31,4) P (31) P (31,4) P (31) P (31,4) P (31) P (31) Vehicle bridge (private) C C C C C C C Public pedestrian bridges P P P P P P P PARKING — ACCESSORY Parking areas limited to the minimum necessary to support permitted or conditional uses X P (5) X P X P X RECREATION Recreation facilities (commercial — indoor) X X X P X P (22) X Recreation facilities (commercial — outdoor) X X C (23,24) C (24) C (23,24) C (24) X Recreation facilities, including boat launching (public) P (23) P P (23,24,25) C P (23,25) P P (3) Public and private promenades, footpaths, or trails P P P (26) P P (26) P X RESIDENTIAL — SINGLE FAMILY/MULTI-FAMILY Dwelling X (27) P X P X X X Houseboats X X X X X X X Live-aboards X X X X X X P (21,28) Patios and decks P (29) P P (29) P P P X Signs (30) P P P P P P X Shoreline Restoration P P P P P P P TRANSPORTATION General C C C C C C C (3) Park & ride lots X X X C (9) X C (9) X Levee maintenance roads P (32) P (32) P (32) P (32) P (32) P (32) NA Railroad X P X X X X X UTILITIES General (10) P (4) P P (4) P P (4) P C Provision, distribution, collection, transmission, or disposal of refuse X X X X X X X Hydroelectric and private utility power generating plants X X X X X X X Wireless towers X X X X X X X Support facilities, such as outfalls P (33) P P (33) P P (33) P C (33) Regional detention facilities X X P (34) P (34) P (34) P (34) X USES NOT SPECIFIED C C C C C C C * This matrix is a summary. Individual notes modify standards in this matrix. Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits. (1) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing. (2) Nonwater-oriented uses may be allowed as a permitted use where the City determines that water -dependent or water -enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body. (3) Permitted only if water dependent. (4) Structures greater than 35 feet tall require a conditional use permit. (5) Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation Protection and Landscaping section. (6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water -dependent use. (7) Conditionally allowed when in compliance with all federal and state regulations. (8) Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing authorized location, depth and width. Office of the City Clerk I City of Tukwila Page 155 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X= Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer (9) Conditionally allowed when significant ecological impacts are minimized and mitigation is provided. (10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction. (11) The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there is a demonstrated need to ensure public safety and security of property. The fence shall not extend waterward beyond the top of the bank. Chain -link fences must be vinyl coated. (12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally allowed. (13) Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments is permitted. (14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter. (15) Permitted when consistent with TMC 18.44.050.F. (16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and/or storing of finished or semi -finished goods with supportive office and commercial uses. Examples include manufacturing processing and/or assembling such items as electrical or mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment; and Internet data centers. (17) Subject to compliance with state siting criteria RCW 70.105 (See also Environmental Regulations, Section 9, SMP). (18) Permitted when associated with water -dependent uses, public access, recreation, flood control or channel management. (19) Permitted when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not available or feasible: (a) Commercial or marina moorage; (b) Floating moorage buoys; (c) Joint use moorage pier/dock. O11rs. 2741 §4 (part), 2024 18.44.040 Shoreline Buffers A. Buffer widths. The following shoreline buffer widths apply in shoreline jurisdiction. Environment Buffer width (1)(2) Modification Shoreline Residential 50 feet OR the area (3) needed to achieve a slope no steeper than 2.5:1, measured from the toe of the bank to the top of the bank, plus 20 linear feet measured from the top of the bank landward, whichever is greater .... Urban Areas 100 feet (4) Conservancy without levees Areas with 125 feet levees High Intensity 100 feet (4) Aquatic Not Applicable (1) Unless otherwise noted, all buffers are measured landward from the OHWM. (2) In any shoreline environment where an existing improved street or road runs parallel to the river through the buffer, the buffer ends on the river side of the edge of the improved right-of-way. (3) Removal of invasive species and replanting with native species of high habitat value is voluntary unless triggered by requirement for a Shoreline Substantial Development permit. (4) The Director may reduce the standard buffer on a case -by -case basis by up to 50% upon construction of the following cross section: (a) Reslope bank from toe to be no steeper than 3:1 in the Urban Conservancy Environment or reslope bank from OHWM (not toe) to be no steeper than 3:1 in the High Intensity Environment, using bioengineering techniques; and (b) Minimum 20-foot buffer landward from top of bank; and (5) Office of the City Clerk I City of Tukwila Page 156 of 356 Return to Title (c) Bank and remaining buffer to be planted with native species with high habitat value. Maximum slope is reduced due to measurement from OHWM and to recognize location in the Transition Zone where pronounced tidal influence makes work below OHWM difficult. Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct, indirect or long-term adverse impacts to the river. In all cases a buffer enhancement plan must also be approved and implemented as a condition of the reduction. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the shoreline ecological functions. (5) Upon reconstruction of levee to the levee standards of this chapter, the Director may reduce the buffer to actual width required for the levee. If fill is placed along the back slope of a new levee, the buffer may be reduced to the point where the ground plane intersects the back slope of the levee. If the property owner provides a levee maintenance easement landward from the landward toe of the levee or levee wall which: 1) meets the width required by the agency providing maintenance; 2) prohibits the construction of any structures; and 3) allows the City to access the area to inspect the levee and make any necessary repairs, then the Director may place that area outside of the shoreline buffer and allow incidental uses in the area, such as parking. Ours 2741 §4 (part), 2024 18.44.050 Develeelefele A. Applicability. Thc dcvclopmcnt standards of this chaptcr apply to work that mccts thc dcfinition of substantial dcvclopmcnt cxccpt for vcgctation rcmoval per TMC 18.44.060, which applics to all shorclinc dcvclopmcnt. Thc tcrrn " mcnt. Non conforming uccs, structurcs, parking Tots and landscapc arcs, will bc govcrncd by thc standards in TMC 18.44.110.C, "Non Conforming Dcvclopmcnt." B. Shorclinc Rcsidcntial Dcvclopmcnt Standards. A shorclinc substantial dcvclopmcnt permit is not rcquircd for construction within thc Shorclinc Rcsidcntial Environmcnt by an owncr, Icsccc or contract purchaccr of a cinglc family residcncc for his/hcr own usc or for thc usc of a family mcmbcr. Such construction and all normal appurtcnant structurcs must othcrwicc conform to this chaptcr. Subdivisions arc not cxcmpt from obtaining a Shorclinc Substantial Dcvclopmcnt Pcrmit. 1. Shorclinc Rcsidcntial Environmcnt Standards. Thc following standards apply to thc Shorclinc Rcsidcntial Environmcnt: a. Thc dcvclopmcnt standards of thc applicablc undcrlying zoning district shall apply. b. Ncw dcvclopmcnt and uccs must bc citcd so as to allow natural bank inclination of 3:1 clopc with a 20 foot cctback from thc top of thc bank. Thc Director may rcquirc a Rivcrbank Analysis as part of any dcvclopmcnt proposal. c. Utilitics such as pumps, pipcs, ctc., shall bc suitably scrccncd with nativc vcgctation per thc standards in thc Vcgctation Protcction and Landscaping Scction, TMC 18.44.060. d. Ncw shorclinc stabilization, rcpair of cxisting stabilization or modifications to thc rivcr bank must comply with thc standards in thc Shorclinc Stabilization Scction, TMC 18.44.050.F. c. Subdivisions must bc dccigncd to providc public acccsc to thc rivcr in accordancc with thc Public Acccsr Scction, TMC 18.44.080. Signagc is rcquircd to idcntify thc public access point(s). f. Parking facilitics asrcociatcd with cinglc family rccidcntial dcvclopmcnt or public rccrctional facilitics arc cubjcct to thc spccific performancc standards sct forth in thc Off Strcct Parking Scction, TMC 18.44.050.1. g. Fcnccs, frccstanding walls or othcr structurcs normally acccssory to rcsidcnccs must not block vicws of the rivcr from adjaccnt rccidcnccs or cxtcnd watcrward bcyond thc top of thc bank. Chain link fcncing must bc vinyl coatcd. h. Rccrctional structurcs permittcd in thc buffcr must providc buffcr mitigation. Office of the City Clerk 1 City of Tukwila Page 157 of 356 Return to Title f- Thc outsidc cdgc of surfacc transportation facilities, such as railroad tracks, strccts, or public transit shalt bc located no closcr than 50 fcct from thc OHWM, cxccpt whcrc thc surfacc transportation facility is bridging thc rivcr. j- Exccpt for bridgcs, approvcd abovc ground utility structurcs, and watcr dcpcndcnt uscs and thcir structurcs, thc maximum hcight for structurcs shall bc 30 fcct. For bridgcs, approvcd abovc ground utility structurcs, and watcr d necessary to accomplish thc structure's primary purpose. Bridgcs, approvcd abovc ground utility structurcs, and watcr dcpcndcnt uscs and thcir structurcs grater than 35 fcct in hcight rcquirc approval of a Shorclinc Conditional Usc Pcrmit. 2. Dcsign Rcvicw. Dcsign rcvicw is rcquircd for non residential dcvclopmcnt in thc Shorclinc Rcsidcntiai Environment. 1. Standards. Thc following standards apply in thc High Intensity, Urban Conservancy and Aquatic Environmcnts. a. Thc dcvclopmcnt standards for thc applicablc undcrlying zoning district shall apply. b. All ncw dcvclopmcnt performcd by public agencies, or ncw multi family, commercial, or inductriai dcvclopmcnt shall providc public access in accordancc with thc standards in thc Public Access to thc Shorclinc Scction, TMC 18.44.080. c. Development or rc dcvclopmcnt of propertics in areas of thc chorclinc armorcd with rcvctmcnts or othcr hard armoring othcr than levees, or with non armorcd rivcr banks, must comply with thc Vcgctation Protcction and Landscaping Scction, TMC 18.44.060. d. Any ncw chorclinc stabilization or repairs to existing stabilization must comply with Shorclinc Stabilization Scction, TMC 18.44.050.F. c. Ovcr watcr structurcs shall bc allowed only for watcr dcpcndcnt uses and thc size Iimitcd to thc minimum necessary to support thc structure's intcndcd ucc and shall rccult in no nct lose to chorclinc ccological function. Ovcr watcr ctructurcs must comply with thc standards in thc Ovcr watcr Structures Scction, TMC 18.44.050.K. a. Thc yard sctback adjacent to thc rivcr is thc buffcr width established for thc applicablc shorclinc environment. b. A fishing picr, vicwing platform or othcr outdoor feature that providcs access to thc chorclinc is not rcquircd to mcct a sctback from thc OHWM. 3. Hcight Rcstrictions. Exccpt for bridgcs, approvcd abovc ground utility structurcs, and watcr dcpcndcnt uccc and thcir structurcs, to preserve visual access to thc chorclinc and avoid massing of tall buildings within thc chorclinc jurisdiction, thc maximum hcight for structurcs shall bc as follows: a. 15 fcct whcrc locatcd within thc Shorclinc Buffcr; b. 65 fcct bctwccn thc outsidc landward cdgc of thc Shorclinc Buffcr and 200 fcct of thc OHWM. c. 35 fcct abovc average gradc Icvcl on shorclincs of thc State that will obstruct thc vicw of a substantial numbcr of rccidcnccs on areas adjoining such shorelines. For any building that is proposed to bc greater than 35 fcct ill hcight in thc shorclinc jurisdiction, thc dcvclopmcnt proponcnt must demonstrate thc proposed building will not block thc vicws of a substantial numbcr of rccidcnccs. Thc Director may approve a 15 foot increase in hcight for structurcs within the chorclinc jurisdiction if thc projcct proponcnt providcs restoration and/or enhancement of thc entire chorclinc buffcr, bcyond what may othcrwisc bc rcquircd including, but not Iimitcd to, pavcd areas no longer in use on thc property in accordancc with thc standards of TMC 18.44.060, "Vcgctation Protcction and Landscaping." If thc rcquircd buffcr has already bccn restored, thc projcct proponcnt may providc a 20% widcr buffcr, planted in accordancc with TMC 18.44.060, "Vcgctation Protcction and Landscaping," in order to obtain thc 15 foot increase in hcight. Office of the City Clerk I City of Tukwila Page 158 of 356 Return to Title 4. Lighting. In addition to thc lighting standards in TMC 18.60, "Dcsign Rcvicw," lighting for thc sitc ordcvclopmcnt shall bc dcsigncd and located so that: a. Thc minimum light levels in parking areas and paths bctwccn thc building and strcct shall bc one foot candle. b. Lighting shall bc dcsigncd to prevent light spillovcr and glarc on adjacent propertics and on thc rivcr channel to thc maximum cxtcnt fclasiblc, bc directed downward so as to illuminate only thc immediate arc, and bc shielded to eliminate dircct off sitc illumination. c. Thc general grounds nccd not bc lighted. d. Thc lighting is incorporated into a unificd landscape and/or sitc plan. D. Surface Watcr and Watcr Quality. Thc following standards apply to all chorclinc dcvclopmcnt. 1. Ncw surface watcr systems shall not discharge dircctly into thc rivcr or streams tributary to thc rivcr without prc trc€atmcnt to rcducc pollutants and mcct Statc watcr quality standards. Such prc trc€atmcnt may consist of biofiltration, oil/water ccparators, or othcr mcthods approved by thc City of Tukwila Public Works Dcpartmcnt. 2. Shorclinc dcvclopmcnt, uses and activitics shall not sauce any increase in surface runoff, and shall have adcquatc provisions for storm watcr dctcntion/infiltration. 3. Stormwatcr outfalls must bc dcsigncd so as to sauce no nct lose of shoreline ccological functions or adverse impacts whcrc functions arc impaired. Ncw stormwatcr outfalls or maintenance of cxisting outfalls must includc shorclinc restoration as part of thc project. 1. Shorclinc dcvclopmcnt and activitics shall have adcquatc provisions for sanitary ccwcr. 5. Solid and liquid wastes and untrc€atcd cfflucnts shall not bc allowcd to cntcr any bodics of watcr or to be dicchargcd onto chorclands. 6. Thc ucc of low impact dcvclopmcnt tcchniqucs is rcquircd, unlcsc such tcchniqucs conflict with othcr provisions of thc SMP or arc shown to not bc feasible duc to sitc conditions. E. Flood Hazard Rcduction. Thc following standards apply to all chorclinc dcvclopmcnt. 1. Ncw structural flood hazard rcduction structurcs shall bc allowcd only whcn it can bc demonstrated by a Rivcrbank Analysis that: a. Thcy arc necessary to protcct existing dcvclopmcnt; b. Non structural measures arc not fesible; and c. Impacts to ccological functions and priority species and habitats can bc cucccscfully mitigatcd so as to assure no nct loss. 2. Flood hazard structurcs must incorporate appropriatc vegetation restoration and conservation actions consistcnt with thc standards of thc Vegetation Protcction and Landscaping Scction, TMC 18.44.060. 3. Publicly fundcd structural measures to rcducc flood hazards shall improvc public acccss or dedicate and provide public acccss unlcss public acccss improvcmcnts would cause unavoidablc health or safety hazards to thc public, inhcrcnt and unavoidablc cccurity problcms, or significant ccological impacts that cannot bc mitigatcd. 4. Rehabilitation or replacement of cxisting flood control structurcs, such as levees, with a primary purposc of containing thc 1 % to 02° t, shall bc all analysis that thc cxisting structurc: a. Docs not providc an appropriatc Icvcl of protcction for surrounding lands; or Office of the City Clerk I City of Tukwila Page 159 of 356 Return to Title b. Docs not mcct a 3:1 riverside slopc or othcr appropriate cnginccring dcsign standards for stability (c.g., ovcr stccpcncd sidc slopcs for cxisting soil and/or flow conditions); and c. Rcpair of thc cxisting structurc will not cause or increase significant adverse ecological impacts to the shorclinc. 5. Rehabilitated or rcplaccd flood hazard rcduction structurcs shall not cxtcnd thc toc of slopc any furthcr watcrward of thc OHWM than thc cxisting structurc. 5. Ncw structural flood hazard rcduction mesures, such as Icvccs, bcrms and similar flood control structurcs shall bc placcd landward of thc floodway as dctcrmincd by thc best information available. 7. Ncw, rcdcvclopcd or rcplaccd structural flood hazard rcduction measures shall bc placcd landward of associated wetlands, and designated fish and wildlifc habitat conservation areas. 8. No commercial, industrial, officc or residential dcvclopmcnt shall bc Iocatcd within a floodplain without a Flood Control Zonc Pcrmit issucd by thc City. No dcvclopmcnt shall bc Iocatcd within a floodway cxccpt as othcrwisc permittcd. 9. Ncw, rcdcvclopcd or rcplaccd flood hazard rcduction structures must have an overall watcrward elope no ctccper than 3:1 unless it is not physically possible to achieve such as elope. A floodwall may bc substituted for all or a portion of a Icvcc back slopc whcrc necessary to avoid encroachment or damage to a structurc Icgally constructcd prior to thc date of adoption of this subsection, if structure has not Ioct its nonconforming status, or to allow area for watcrward habitat restoration dcvclopmcnt. Thc floodwall shall bc dcsigncd to providc 15 feet of clearance bctwccn thc Icvcc and thc building, or to prcscrvc access nccdcd for building functionality whilc mccting all cnginccring safety standards. A floodwall may also bc used whcrc necessary to prevent thc Icvcc from encroaching upon a railroad casement rccordcd prior to thc date of adoption of this subscction. F. Shorclinc Stabilization. Thc provisions of this section apply to those structures or actions intcndcd to minimizc or prevent crocion of adjacent uplands and/or failure of riverbanks moulting from waves, tidal fluctuations or rivcr currcnts. Shorclinc stabilization or armoring involvcs thc placement of crosion resistant materials (c.g., Iargc rocks and bouldcrs, ccmcnt, pilings and/or Iargc woody dcbris (LWD)) or thc ucc of biocnginccring tcchniqucs to rcducc or eliminate crocion of shorelines and risk to human infrastructure. This form of shorclinc stabilization is distinct from flood control structurcs and flood hazard rcduction measures (such as Icvccs). Thc terms "shorclinc stabilization," "shorclinc protcction" and "shorclinc armoring" arc used intcrchangoably. 1. Shorclinc protcction shall not bc considcrcd an outright permittcd use and shall bc permittcd only whcn it has been demonstrated through a Rivcrbank Analysis and rcport that shorclinc protcction is necessary for thc protcction of cxisting Icgally cstablishcd structurcs and public improvcmcnts. 2. Ncw dcvclopmcnt and rc dcvclopmcnt shall bc dcsigncd and configurcd on thc lot to avoid thc need for new chorclinc stabilization. Rcmoval of failing shorclinc stabilization shall bc incorporated into rc dcvclopmcnt design proposals whcrcvcr feasible. 3. Replacement of lawfully cstablishcd, cxisting bulkheads or rcvctmcnts arc subjcct to thc following priority system: a. Thc first priority for rcplaccmcnt of bulkheads or rcvctmcnts shall bc landward of thc cxisting bulkhead. b. Thc second priority for rcplaccmcnt of existing bulkheads or rcvctmcnts shall bc to replace in place (at the bulkhead's cxisting location). 1. When evaluating a proposal against thc above priority systcm, at a minimum thc following criteria shall be considcrcd: a. Existing topography; b. Existing dcvclopmcnt; c. Location of abutting bulkheads; Office of the City Clerk I City of Tukwila Page 160 of 356 Return to Title d. Impact to shorclinc ccological functions; and, c. Impact to rivcr hydraulics, potcntial changes in gcomorphology, and to othcr arcs of thc shorclinc. 5. Proponents of new or replacement hard shorclinc stabilization (c.g. bulkheads or rcvctmcnts) must dcmonstratc through a documcntcd Rivcrbank Analysis that biocnginccrcd shorclinc protcction measures or biocnginccring erosion} control dcsigns will not providc adequate upland protcction of cxisting structurcs or would posc a throt or risk to adjaccnt property. Thc Study must also dcmonstratc that thc proposcd hard shorclinc stabilization will not adversely affect othcr infrastructure or adjaccnt shorclincs. 6. Shorclinc armoring such as riprap rock rcvctmcnts and othcr hard shorclinc stabilization tcchniqucs arc detrimental to rivcr proccsscs and habitat creation. Whcrc allowed, shorclinc armoring shall bc dcsigncd, constructcd and maintained in a manner that docs not result in a net loss of shorclinc ccological functions, including fish habitat, and shalR conform to thc rcquircmcnts of thc 2004 Washington Statc Dcpartmcnt of Fish and Wildlifc (as amcndcd) critcria and guidclincs for integrated stream bank protcction and shall conform to thc rcquircmcnts of thc 2004 Washington State Dcpartmcnt of Fish and Wildlifc critcria and guidclincs for Intcgratcd Strom Bank Protcction (2003 as amcndcd), thc U. S. Army Corps of Enginccrs standards (if rcquircd), and othcr regulatory rcquircmcnts. Thc hard shorclinc stabilization must be dcsigncd and approvcd by an cnginccr licensed in thc Statc of Washington and qualified to dcsign shorclinc stabilization ctructurcs. 7. Shorclinc armoring shall bc dcsigncd to thc minimum sizc, hcight, bulk and cxtcnt necessary to rcmcdy the identified hazard. 8. An applicant must dcmonstratc thc following in ordcr to qualify for thc RCW 90.58.030(3)(c)(ii) cxcmption from thc requirement to obtain a shorclinc substantial development permit for a proposcd singlc family bulkhead and to insurc that thc bulkhead will bc concictcnt with thc SMP: a. Erosion from currcnts or wavcs is immincntly throtcning a Icgally cctablichcd singlc family detached dwelling unit or onc or morc appurtcnant structurcs; and b. Thc proposcd bulkhead is morc concictcnt with thc City's Mactcr Program in protccting thc cite and adjoining chorclincs and that non structural alternatives such as slopc drainage systcms, biocnginccring or vegetative growth stabilization, arc not feaciblc or will not adequately protcct a Icgally cctablichcd rccidcncc or appurtcnant ctructurc; and c. Thc proposcd bulkhead is located landward of thc OHWM or it connccts to adjaccnt, Icgally cctablichcd bulkheads; and d. Thc maximum hcight of thc proposcd bulkhead is no morc than onc foot above thc elevation of extreme high watcr on tidal waters as dctcrmincd by thc National Ocean Survcy publichcd by thc National Oconic and Atmocphcric Administration. 9. Bulkheads or rcvctmcnts shall bc constructcd of cuitablc materials that will ccrvc to accomplish thc dccircd cnd with maximum preservation of natural characteristics. Matcrials with thc potcntial for watcr quality degradation shall not be uscd. Dcsign and construction mcthods shall considcr aesthetics and habitat protcction. Automobile bodics, tires or othcr junk or wactc matcrial that may rclocc undccirablc chcmicals or othcr matcrial shall not bc uccd for shorclinc protcction. 10. Thc buildcr of any bulkhead or rcvctmcnt shall bc financially rcsponsiblc for dctcrmining thc nature and the cxtcnt of probable advcrcc cffccts on fish and wildlifc or on thc property of othcrs cauccd by hiclhcr construction and chalR propose and implcmcnt solutions approvcd by thc City to minimizc such cffccts. 11. When shorclinc stabilization is rcquircd at a public acccss sitc, provision for safc acccss to thc watcr shall be incorporatcd in thc dcsign whcncvcr posciblc. 12. Placement of bank protcction matcrial shall occur from thc top of thc bank and shall bc supervised by the property owncr or contractor to cncurc matcrial is not dumpcd dircctly onto thc bank facc. Office of the City Clerk I City of Tukwila Page 161 of 356 Return to Title 13. Bank protcction matcrial shall bc clan and shall bc of a sufficicnt sizc to prevent its bcing washcd away by high water flows. 14. When riprap is washcd out and prcscnts a hazard to thc safety of rccrc�tional uscrs of thc river, it shall be removed by thc owncr of such matcrial. 15. Bank protcction associated with bridgc construction and maintenance may bc permittcd subjcct to thc provisions of thc SMP and shall conform to provisions of thc Statc Hydraulics Codc (RCW 77.55) and U.B. Army Corps of Enginccr rcgulations. C. Archacological, Cultural and Historical Rcsourccs. In addition to thc rcquircmcnts of TMC 18.50.110, Archaeological/Paleontological Information Prcscrvation Rcquircmcnts, thc following rcgulations apply. 1. All land use permits for projccts within thc shorclinc jurisdiction shall bc coordinated with affcctcd tribcs. 2. If thc City dctcrmincs that a site has significant archacological, natural scientific or historical value, a substantial dcvclopmcnt that would posc a thrcit to thc rcsourccs of thc sitc shall not bc approved. 3. Permits iscucd in areas documcntcd to contain archacological rcsourccs rcquirc a cite inspection or evaluation} by a professional archaeologist in coordination with affcctcd Indian tribcs. Thc City may rcquirc that dcvclopmcnt be postponed in such areas to allow investigation of public acquisition potential, retrieval and preservation of significant artifacts and/or dcvclopmcnt of a mitigation plan. Areas of known or suspected archacological middcns shall not bc disturbed and shall bc fenced and idcntificd during construction projccts on thc sitc. 1. Developers and property owncrs shall immediately stop work and notify thc City of Tukwila, thc Washington Dcpartmcnt of Archacology and Historic Preservation and affcctcd Indian tribcs if archacological rcsourccs arc uncovcrcd during excavation. 5. In thc event that unforeseen factors constituting an cmcrgcncy, as dcfincd in RCW 90.58.030, necessitate rapid action to rctricvc or preserve artifacts or data idcntificd above, thc project may bc exempted from any shorclinc permit rcquircmcnts. Thc City shall notify thc Washington Statc Dcpartmcnt of Ecology, thc Statc Attorney Ccncral's Officc and thc Statc Dcpartmcnt of Archacology and Historic Preservation Officc of such an cxcmption in a timcly manncr. 5. Archacological excavations may bc permittcd subjcct to thc provision of this chapter. 7. On sitcs whcrc historical or archacological rcsourccs have bccn idcntificd and will bc preserved in situ, public access to such areas shall bc designed and managed so as to givc maximum protcction to thc resource and surrounding environment. 8. Interpretive signs of historical and archacological features shall bc provided subject to thc rcquircmcnts of TMC 18.44.080, "Public Access to thc Shoreline," whcn such signagc docs not compromise thc protcction of these features from tampering, damage and/or dcstruction. 1. All shorclinc dcvclopmcnt and uscs shall at a minimum occur in a manncr that results in no nct loss of shorclinc ccological functions through thc careful location and dcsign of all allowcd dcvclopmcnt and uscs. In cases whcrc impacts to chorclinc ccological functions from allowcd dcvclopmcnt and uses arc unavoidable, those impacts shall bc mitigated according to thc provisions of this scction; in that event, thc "no nct loss" standard is mct. 2. To thc extent Washington's Statc Environmcntal Policy Act of 1971 (SEPA), RCW 43.21 C, is applicable, thc analysis of environmental impacts from proposed shorclinc uses or developments shall bc conducted consistent with thc rulcs implementing SEPA (TMC 21.04 and WAC 197 11). 3. For all dcvclopmcnt, mitigation sequencing shall bc applied in thc following ordcr of priority: a. Avoiding thc impact altogether by not taking a certain action or parts of an action. Office of the City Clerk I City of Tukwila Page 162 of 356 Return to Title b. Minimizing impacts by limiting thc degree or magnitude of thc action and its implementation by using appropriatc tcchnology or by taking affirmative stcps to avoid or rcducc impacts. c. Rectifying thc impact by repairing, rehabilitating, or restoring thc affcctcd cnvironmcnt. d. Reducing or eliminating thc impact ovcr timc by preservation and maintenance operations. c. Compensating for thc impact by replacing, enhancing, or providing substitutc rcsourccs or cnvironmcnts. f. Monitoring thc impact and thc compensation projccts and taking appropriatc corrcctivc mc€sures. 1. In dctcrmining appropriatc mitigation mc\asures applicable to shorclinc dcvclopmcnt, lower priority mc€surca shall bc applied only whcrc highcr priority mc€sures arc dctcrmincd by thc City to bc infusible or inapplicable. 5. When mitigation me sures arc appropriatc pursuant to thc priority of mitigation scqucncing above, preferential consideration shall bc given to me sures that replace thc impacted functions dircctly and in thc immcdiatc vicinity of the impact. Howcvcr, if mitigation in thc immcdiatc vicinity is not scientifically feasible duc to problcms with hydrology, soils, wavcs or othcr factors, thcn off sitc mitigation within thc Shorclinc Jurisdiction may bc allowcd if consistcnt with thc Shorclinc Rcctoration Plan. Mitigation for projccts in thc Transition Zonc must take place in thc Transition Zonc. In thc event a cite is not available in thc Transition Zonc to carry out rcquircd mitigation, thc projcct proponcnt may contributc funds equivalent to thc value of thc rcquircd mitigation to an cxisting or futurc rcstoration projcct idcntificd in thc CIP to bc carried out by a public agency in thc Transition Zonc. I. Off Strcct Parking and Loading Rcquircmcnts. In addition to thc parking rcquircmcnts in TMC 18.56, thc following rcquircmcnts apply to all dcvclopmcnt in thc chorclinc jurisdiction. 1. Any parking, loading, or ctoragc facilitics locatcd bctwccn thc rivcr and any building must incorporatc additional landscaping in accordancc with TMC 18.44.060, "Vcgctation Protcction and Landscaping," or bcrming or othcr sitc planning or design tcchniqucs to rcducc visual and/or environmental impacts from thc parking areas utilizing thc following screening tcchniqucs: a. A solid cvcrgrccn scrccn of trccs and shrubs a minimum of six fcct high; or b. Decorative fcncc a maximum of six fcct high with landscaping. Chain link fcncc, whcrc allowcd, shall be vinyl coated and landscaped with nativc trailing vinc or an approved non nativc vinc othcr than ivy, cxccpt whcrc a sccurity or safety hazard may cxict; or c. Earth bcrms at a minimum of four fcct high, planted with nativc plants in accordancc with thc Vcgctation Protcction and Landscaping Scction, TMC 18.44.060. 2. Whcrc a parking area is locatcd in thc chorclinc jurisdiction and adjaccnt to a public access feature, thc parking area shall bc screened by a vegetative screen or a built structure that runs thc entire length of thc parking area adjaccnt to 3. Whcrc public access to or along thc chorclinc exists or is proposed, parking areas shall providc pedestrian} access from thc parking arc to thc shorclinc. 1. Parking facilitics, loading arcs and pavcd arcs shall incorporatc low impact dcvclopmcnt tcchniqucs whcrcvcr feasible, adequate storm water rctcntion areas, oil/water separators and biofiltration cwalcs, or othcr treatment tcchniqucs and shall comply with thc standards and practices formally adopted by thc City of Tukwila Public Works Dcpartmcnt. J. Land Altcring Activitics. All land altcring activitics in thc chorclinc jurisdiction shall bc in conjunction with an undcrlying land dcvclopmcnt permit, cxccpt for shorclinc rcstoration projccts. All activitics shall mcct thc following standards: 1. Clearing, Grading and Landfill. a. Land altcring shall bc permitted only whcrc it mccts thc following criteria: (1) The work is thc minimum necessary to accomplish an allowcd shorclinc usc; (2) Impacts to thc natural cnvironmcnt arc minimizcd and mitigated; (3) Watcr quality, rivcr flows and/or fish habitat arc not advcrccly affcctcd; Office of the City Clerk I City of Tukwila Page 163 of 356 Return to Title (1) Public access and rivcr navigation arc not diminishcd; (5) Thc projcct complics with all fcdcral and state rcquircmcnts; (6) Thc projcct complics with thc vegetation protcction critcria of thc Vegetation Protcction and Landscaping Scction, TMC 18.44.060; (7) Thc projcct will achieve no nct loss of shorclinc ccological functions or proccsscs. In cascs whcrc impacts to shorclinc ccological functions from an othcrwisc allowcd land altering projcct arc unavoidablc, thosc impacts shall bc mitigatcd according to thc provisions of TMC 18.44.050.H abovc. In that event, thc "no nct loss" standard is mct; and (8) Documentation is providcd to dcmonstratc that thc fill comcs from a clan sourcc. b. Clearing, grading and landfill activitics, whcrc allowcd, shall includc crosion control mechanisms, and any reasonable restriction on cquipmcnt, mcthods or timing necessary to minimizc thc introduction of suspcndcd solids or leaching of contaminants into thc rivcr, or thc disturbance of wildlifc or fish habitats in accordancc with thc standards in TMC 16.54, "Crading." 2. Drcdging. a. Drcdging activitics must comply with all fcdcral and ctatc regulations. Maintcnancc drcdging of cctablichcd navigation channels and basins must bc restricted to maintaining prcviously drcdgcd and/or cxisting authorized location, dcpth, and width. b. Whcrc allowcd, drcdging operations must bc dcsigncd and schcdulcd so as to cnsurc no nct loss to shoreline ccological functions or proccsscs. In cascs whcrc impacts to shorclinc ccological functions from allowcd drcdging arc unavoidablc, thosc impacts shall bc mitigatcd according to thc provisions of TMC 18.44.050.H abovc; in that event, the "no nct loss" standard is mct. K. Marinas, Boat Yards, Dry Docks, Boat Launchcs, Picrs, Docks and Othcr Ovcr watcr Structurcs. 1. Ccncral Rcquircmcnts. a. A dock may bc allowcd whcn thc applicant has dcmonstratcd a nccd for mooragc to thc satisfaction of the Dircctor of Community Dcvclopmcnt and that thc following alternatives have bccn invcctigatcd and arc not availablc or feasible: (1) commcrcial or marina mooragc; (2) floating mooragc buoys; (3) joint use mooragc picr/dock. b. Thc Dircctor shall ucc thc following critcria to dctcrminc if thc applicant has dcmonstratcd a nccd for mooragc in accordancc with TMC 18.44.050.K.1.a: (1) Applicant has providcd adcquatc documcntation from a commcrcial marina within 5 rivcr milcs that mooragc is not availablc. (2) Floating mooragc buoy is technically infeasible as dctcrmincd by a professional hydrologist. (3) Applicant has providcd adcquatc documcntation from any cxisting mooragc picr/dock owncr within 5 rivcr milcs that joint ucc is not possible. c. Prior to issuance of a Shorclinc Substantial Dcvclopmcnt Pcrmit for construction of picrs, docks, wharves or othcr ovcr watcr structures, thc applicant shall prcccnt proof of application submittal to Statc or Fcdcral agencies, as applicable. d. Structurcs must bc dcsigncd by a qualified cnginccr and must dcmonstratc thc projcct will result in no nct aoso of shoreline ccological function and will bc stable against thc forces of flowing watcr, wavc action and thc wakcs of passing vcsscls. Office of the City Clerk I City of Tukwila Page 164 of 356 Return to Title c. In watcr structurcs shall bc dcsigncd and locatcd to minimizc shading of nativc aquatic vcgctation and fish passagc areas. Rcmoval of shorclinc, riparian and aquatic vcgctation shall bc limitcd to thc minimum cxtcnt ncccssary to construct thc projcct. All areas disturbcd by construction shall bc rcplantcd with nativc vcgctation as part of thc projcct. f. Ncw or rcplaccmcnt in watcr structurcs shall bc dcsigncd and locatcd such that natural hydraulic and gcologic proccsscs, such as crosion, wavc action or floods will not ncccssitatc thc following: ilar artificial structurcs to protcct thc in watcr structurc; or (2) drcdging. g. No structurcs arc allowcd on top of ovcr watcr structurcs cxccpt for propertics locatcd north of thc Turning Basin. h. Pilings or othcr ascociatcd structurcs in dircct contact with watcr shall not bc trclatcd with prcccrvativcs unIcss thc applicant can dcmonstratc that no fcsiblc altcrnativc to protcct thc matcrials cxists and that non wood altcrnativcs arc not cconomically fclaciblc. In that cacc, only compounds approvcd for marinc ucc may bc uccd and must bc applicd by thc manufacturcr per currcnt bcct managcmcnt practiccs of thc Wcctcrn Wood Prcccrvcrs Inctitutc. Thc applicant must prcscnt vcrification that thc bcst managcmcnt practiccs wcrc followcd. Thc prcscrvativcs must also bc approvcd by the Washington Dcpartmcnt of Fish and Wildlifc. i All ovcr watcr structurcs shall bc constructcd and maintaincd in a safc and sound condition. Abandoncd or unsafc ovcr watcr structurcs shall bc rcmovcd or rcpaircd promptly by thc owncr. Accumulatcd dcbris shall bc rcgularly rcmovcd and dicpoccd of properly so as not to jcopardizc thc intcgrity of thc structurc. Rcplaccmcnt of in watcr structurcs shall includc proper rcmoval of abandoncd or othcr man madc structurcs and dcbris. j. Boat owncrs who ctorc motorizcd boats on citc arc cncouragcd to ucc bcct managcmcnt practiccs to avoid fucl and othcr fluid spills. 2. Marinas, Boat Yards and Dry Docks. a. All uscs undcr this catcgory shall bc dcsigncd to achicvc no nct lose of chorclinc ccological functions. In cascs whcrc impacts to shorclinc ccological functions from uscs allowcd undcr this catcgory arc unavoidablc, thosc impacts shall bc mitigatcd according to thc provisions of TMC 18.44.050.H abovc; in that cvcnt, thc "no nct loss" standard is mct. b. Commcrciallinductrial marinas and dry docks shall bc locatcd no furthcr uprivcr than Turning Basin #3. c. Marinas shall bc locatcd, dcsigncd, constructcd and operatcd to avoid or minimizc advcrsc impacts on fish, wildlifc, watcr quality, nativc chorclinc vcgctation, navigation, public acccsrc, cxisting in watcr rccrclational activitics and adjaccnt watcr uscs. d. Marinas shall submit a fucl spill prcvcntion and contingcncy plan to thc City for approval. Haul out and boat nnaintcnancc facilitics must mcct thc City's ctormwatcr managcmcnt rcquircmcnts and not allow thc rciclacc of chcmicals, pctrolcum or suspcndcd solids to thc rivcr. c. Marinas, boat yards and dry docks must bc locatcd a minimum of 100 fcct from fish and wildlifc habitat arclas. f. Ncw marinas, launch ramps and acccssory uscs must bc locatcd whcrc watcr dcpths arc adcquatc to avoid thc nccd for drcdging. 3. Boat Launchcs and Boat Lifts. a. Boat launch ramps and vchicic acccss to thc ramps shall bc dcsigncd to not causc crosion; thc use of pervious paving matcrials, such as grasrccrctc, arc cncouragcd. b. Boat launch ramps shall bc dcsigncd to minimizc areas of landfill or thc nccd for shorclinc protcctivc structurcs. Office of the City Clerk I City of Tukwila Page 165 of 356 Return to Title c. Acccss to thc boat ramp and parking for thc ramp shall bc locatcd a sufficicnt distancc from any frontagc road to providc safc mancuvcring of boats and trailcrs. d. Launching rails shall bc adcquatcly anchorcd to thc ground. c. Launch ramps and boat lifts shall cxtcnd watcrward past thc OHWM only as far as ncccssary to achicvc thcir purposc. f. Boat lifts and canopics must mcct thc standards of thc U.S. Army Corps of Enginccrs Rcgional Ccncrai Pcrmit Numbcr 1 for Watcrcraft Lifts in Fresh and Marinc/Estuarinc Watcrs within thc Statc of Washington. 4. Ovcr watcr Structurcs. Whcrc allowcd, ovcr watcr structurcs such as picrs, wharvcs, bridgcs, and docks shalt mcct thc following standards: a. Thc sizc of new ovcr watcr structurcs shall bc limitcd to thc minimum ncccssary to support thc structurc's intcndcd ucc and to providc stability in thc cacc of floating docks. Structurcs must bc compatiblc with any cxicting channcl control or flood managcmcnt structurcs. b. Ovcr watcr structurcs shall not cxtcnd watcrward of thc OHWM any morc than ncccssary to permit launching of watcrcraft, whilc also cnsuring that watcrcraft do not rcst on tidal substratc at any timc. c. Advcrsc impacts of ovcr watcr structurcs on watcr quality, rivcr flows, fish habitat, shorclinc vcgctation, and public acccsrc shall bc minimizcd and mitigatcd. Mitigation mcacures may includc joint ucc of cxicting structurcs, opcn dccking or picrs, rcplaccmcnt of non nativc vcgctation, installation of in watcr habitat fc�tures or restoration of shallow watcr habitat. d. Any proposals for in watcr or ovcr watcr structurcs shall providc a prc construction habitat cvaluation, including an cvaluation of salmonid and bull trout habitat and shorclinc ccological functions, and dcmonctratc how thc projcct achicvcs no nct loss of shorclinc ccological functions. c. Ovcr watcr structurcs shall obtain all ncccssary ctatc and fcdcral permits prior to construction or rcpair. f. All ovcr watcr structurcs must bc dccigncd by a qualificd cnginccr to cncurc thcy arc adcquatcly anchorcd to thc bank in a manncr so as not to causc futurc downstrc�m hazards or significant modifications to thc rivcr gcomorphology and arc ablc to withstand high flows. g. Ovcr watcr structurcs shall not obstruct normal public usc of thc rivcr for navigation or rccwtiona1 purpoccs. h. Shading impacts to fish shall bc minimizcd by using grating on at Icact 30% of thc curfacc arco of thc ovcr watcr structurc on rcsidcntial areas and at Ic€ast 50% of thc ovcr watcr structurc on all othcr propertics. This standard may bc modificd for bridgcs if ncccssary to accommodatc thc propoccd ucc. Thc ucc of skirting is not permittcd. f- If floats arc uccd, thc flotation shall bc fully cncloccd and containcd in a chcll (such as polyctyrcnc) that prcvcnts breakup or loss of thc flotation matcrial into thc watcr, damagc from ultraviolct radiation, and damagc from rubbing against pilings or watcrbornc dcbris. j. Floats may not rcst on thc tidal substratc at any timc and stoppers on thc piling anchoring thc floats must bc inctallcd to cncurc at Icaact 1 foot of ciclarancc abovc thc cubctratc. Anchor lincs may not rcst on thc cubctratc at any timc. k. Thc numbcr of pilings to support ovcr watcr structurcs, including floats, shall bc limitcd to thc minimum ncccssary. Pilings shall conform to thc pilings standards containcd in thc US Army Corps of Enginccrs Rcgional Ccncrai Pcrmit No. 6. 17 No ovcr watcr structurc shall bc locatcd cloccr than fivc fcct from thc cidc property linc cxtcndcd, cxccpt that such structurcs may abut property lincs for thc common usc of adjaccnt property owncrs whcn mutually agrccd upon by thc property owncrs in an claccmcnt rccordcd with King County. A copy of this agree) shall bc cubmittcd to thc Dcpartmcnt of Community Dcvclopmcnt and accompany an application for a dcvclopmcnt permit and/or Shorclinc Pcrmit. 5. Livc Aboards. Ncw ovcr watcr rccidcnccs arc prohibitcd. Livc aboards may bc allowcd providcd that: a. Thcy arc for cinglc family ucc only. Office of the City Clerk I City of Tukwila Page 166 of 356 Return to Title b. Thcy arc locatcd in a marina that providcs showcr and toilct facilitics on land and thcrc arc no scwagc dischargcs to thc watcr. c. Livc aboards do not cxcccd 10 perccnt of thc total slips in thc marina. d. Thcy arc owncr occupicd vcsscls. c. Thcrc arc on shorc support scrviccs in proximity to thc livc aboards. L. Signs in Shorclinc Jurisdiction. 1. Signagc within thc shorclinc buffcr is limitcd to thc following: a. Intcrprctativc signs and rcstoration signagc, including rcstoration sponsor acknowlcdgmcnt. b. Signs for watcr rclatcd uscs. c. Signs inctallcd by a govcrnmcnt agcncy for public safcty along any public trail or at any public park. d. Signs inctallcd within thc rights of way of any public right of way or bridgc within thc shorclinc buffcr. c. Signs installcd on utilitics and wircicss communication facilitics dcnoting dangcr or othcr safcty information, including cmcrgcncy contact information. 2. Billboards and othcr off prcmisc signs arc strictly forbiddcn in thc shorclinc buffcr. Nord 2165 10, 2025, Ord 2141 4 (part), 20241 48:44.060 Vcgctation Protcction and Landscaping A. Purposc. 1. Thc purpocc of this ccction is to: a. Rcgulatc thc protcction of cxisting trccs and nativc vcgctation in thc shorclinc jurisdiction; b. Establish rcquircmcnts for rcmoval of invasivc plants at thc timc of dcvclopmcnt or rc dcvclopmcnt of sitcs; c. Establish rcquircmcnts for landscaping for new dcvclopmcnt or rc dcvclopmcnt; d. Establish rcquircmcnts for thc long tcrm maintcnancc of nativc vcgctation to prcvcnt cctablichmcnt of invasivc spccics and promotc shorclinc ccosystcm proccsscs. 2. Thc City's goal is to: a. Prcscrvc as many cxisting trccs as possiblc and incrcisc thc numbcr of nativc trccs, shrubs and othcr vcgctation in thc shorclinc bccaucc of thcir importancc to shorclinc ccosystcm functions as lictcd bclow: (1) Ovcnccad trcc canopy to providc chadc for watcr tcmperaturc control; (2) Habitat for birds, insccts and small mammals; (3) Vcgctation that ovcrhangs thc rivcr to providc placcs for fish to chcltcr; (1) Sourcc of insccts for fish; (5) Filtcring of pollutants and slowing of stormwatcr prior to its cntcring thc rivcr; and (6) A long tcrm courcc of woody dcbris for thc rivcr. b. In addition, trccs and othcr nativc vcgctation arc important for acsthctics. It is thc City's goal that unsightly invasivc vcgctation, such as blackbcrrics, bc rcmovcd from thc shorclinc and bc rcplaccd with nativc vcgctation to promotc grcatcr cnjoymcnt of and acccsc to thc rivcr. c. Thc City will providc information to property owncrs for improving vcgctation in thc shorclinc jurisdiction and will work collaborativcly with local citizcn groups to ascict property owncrs in thc rcmoval of invasivc vcgctation and planting of nativc vcgctation, particularly for rcsidcntial areas. Office of the City Clerk 1 City of Tukwila Page 167 of 356 Return to Title B. Applicability. 1. This chaptcr scts forth rulcs and rcgulations to control maintcnancc and cicring of trccs and othcr vcgctation within thc City of Tukwila for propertics locatcd within thc shorclinc jurisdiction. For propertics locatcd within a critical arc or its associated buffcr, thc maintcnancc and rcmoval of trccs shall bc governed by TMC 18.45. TMC 18.54, "Urban Forestry and Trcc Regulations", shall govcrn trcc rcmoval on all undeveloped propertics, and all dcvclopcd propertics that contain cxclusivcly rcsidcntial uscs that do not mcct thc definition of 'Multi Family'. TMC 18.52, "Landscape Rcquircmcnts," shall govcrn thc maintcnancc and rcmoval of trccs on all dcvclopcd propertics that contain commercial, industrial, multi family, and mixcd uscs. Thc most stringcnt rcgulations shall apply in case of a conflict. 2. With thc exception of rcsidcntial dcvclopmcntlrc dcvclopmcnt of 4 or fcwcr rcsidcntial units, all activitics and developments within thc shorclinc cnvironmcnt must comply with thc landscaping and maintcnancc rcquircmcnts of this scction, whcthcr or not a shorclinc substantial dcvclopmcnt permit is rcquircd. Singlc family rcsidcntial projccts arc not cxcmpt if implcmcnting a shorclinc stabilization project or ovcrwatcr structurc. 3. Thc trcc protcction and rctcntion rcquircmcnts and thc vcgctation management rcquircmcnts apply to existing tiscs as well as ncw or rc dcvclopmcnt. 1. Thc following activitics arc allowed without a permit or cxcmption: a. Maintcnancc of cxisting, lawfully established arcs of crop vcgctation, landscaping (including paths and trails) or gardens within shorclinc jurisdiction. Examplcs includc, mowing lawns, wccding, harvesting and replanting of garden crops, pruning, and planting of non invasive ornamental vcgctation or indigcnous nativc species to maintain thc general condition and cxtcnt of such arcs. Cutting down trccs and shrubs within thc shorclinc jurisdiction is not covcrcd undcr this provision. Excavation, filling, and construction of ncw landscaping fctures, such as concrctc work, bcrms and walls, arc not covcrcd in this provision and arc subjcct to rcvicw; b. Noxious wccd control within shorclinc jurisdiction, if work is scicctivc only for noxious spccics; is donc by hand rcmovallspraying of individual plants; spraying is conductcd by a licensed applicator (with thc rcquircd aquatic cndorscmcnts from thc Washington State Dcpartmcnt of Ecology if work is in an aquatic sitc); and no arc widc vcgctation rcmoval or grubbing is conductcd. Control mcthods not mccting thcsc criteria may still bc approved undcr othcr provisions of this chaptcr. D. Trcc Rctcntion and Rcplaccmcnt. 1. Rctcntion: a. As many significant trccs and as much nativc vcgctation as possible arc to bc retained on a site proposed for dcvclopmcnt or rc dcvclopmcnt, taking into account thc condition and agc of thc trccs. As part of a land use application such as but not limited to subdivision, design rcvicw, or dcvclopmcnt permit rcvicw, thc Dircctor may rcquirc alterations in thc arrangement of buildings, parking or othcr cicmcnts of proposcd dcvclopmcnt in ordcr to retain significant non invasive trccs, particularly those that providc shading to thc river. b. Topping of trccs is prohibitcd and will bc rcgulatcd as rcmoval with trcc rcplaccmcnt rcquircd. c. Trccs may only bc pruned to prevent intcrfcrcncc with an ovcnced utility line with prior approval by the Dircctor. Thc pruning must bc carried out undcr thc dircction of a Qualificd Trcc Professional or performcd by thc utility provider undcr thc dircction of a Qualificd Trcc Professional. Thc crown shall bc maintained to at Icst 2/3 thc hcight of the trcc prior to pruning. Pruning morc than 25% of thc canopy in a 36 month period shall bc rcgulatcd as rcmoval with tree rcplaccmcnt rcquircd. 2. Pcrmit Rcquircmcnts. Prior to any trcc rcmoval or sitc cicring, a Typc 2 Shoreline Trcc Rcmoval and Vcgctation Clearing Pcrmit application must bc submitted to thc Dcpartmcnt containing thc following information: a. A vcgctation survey on a site plan that shows thc diameter, species and location of all significant trccs and all cxisting nativc vcgctation. Office of the City Clerk I City of Tukwila Page 168 of 356 Return to Title b. A sitc plan that shows trccs and nativc vcgctation to bc rctaincd and trccs to bc rcmovcd and providcs a tablc showing thc numbcr of significant trccs to bc rcmovcd and thc numbcr of rcplaccmcnt trccs rcquircd. c. Trcc protcction zoncs and othcr mcsures to protcct any trccs or nativc vcgctation that arc to bc rctaincd for sitcs undcrgoing dcvclopmcnt or rc dcvclopmcnt. d. Location of thc OHWM, shorclinc buffcr, Shorclinc Jurisdiction boundary and any critical arcs with thcir duffers. c. A landscape plan that shows diameter, spccics name, spacing and planting location for any rcquircd rcplaccmcnt trccs and othcr proposcd vcgctation. f. An arborist cvaluation justifying thc removal of hazardous trccs if rcquircd by thc Department. g. An application fcc per thc current Land Usc Pcrmit Fcc resolution. 3. Criteria for Shorclinc Trcc Rcmoval: A Typc 2 Shorclinc Trcc Rcmoval and Vcgctation Cloaring Pcrmit shall only bc approvcd by thc Dircctor if thc proposal complics with thc following: a. Thc site is undcrgoing dcvclopmcnt or redevelopment; or b. Thc proposal complics with trcc rctcntion, rcplaccmcnt, maintenance, and monitoring rcquircmcnts of this chapter; and c. Eithcr: (1) Trcc poscs a risk to structures; or (2) Thcrc is immincnt potcntial for root or canopy interference with utilitics; or (3) Trccs intcrfcrc with thc access and passage on public trails; or (1) Trcc condition and hclth is poor; thc City may rcquirc an cvaluation by an Intcrnational Socicty of Arborists (ISA) ccrtificd arborist; or (5) Trccs present an immincnt hazard to thc public. If thc hazard is not rcdily apparent, thc City may rcquirc an cvaluation by an Intcrnational Socicty of Arborists (ISA) ccrtificd arborist. �. Trcc Rcplaccmcnt Rcquircmcnts: a. Significant trccs that arc rcmovcd, illegally toppcd, or pruncd by morc than 25 percent in 36 month period within thc shorclinc jurisdiction shall bc rcplaccd pursuant to thc trcc rcplaccmcnt rcquircmcnts shown bclow, up to a dcnsity of 100 trccs per acrc (including existing trccs). b. Significant trccs that arc rcmovcd as part of an approvcd landscapc plan on a dcvclopcd sitc arc subjcct to rcplaccmcnt per TMC 18.52. Dcd or dying trccs rcmovcd from dcvclopcd or landscaped arcs shall bc rcplaccd 1:1 in the next appropriate scson for planting. c. Dcd or dying trccs located within thc buffcr or undeveloped upland portion of thc Shorclinc Jurisdiction chall bc Icft in place as wildlifc snags, unless thcy present a hazard to structures, facilities or thc public. Rcmoval of non hazardous trccs as dcfincd by TMC 18.06 in non dcvclopcd arcs arc subjcct to thc trcc rcplaccmcnt rcquircmcnts listed in thc tablc bclow. d. Thc Dircctor may rcquirc additional trccs or shrubs to bc installed to mitigate any potcntial impact from the doss of this vcgctation as a result of new dcvclopmcnt. Diamctcr* of Trcc Rcmovcd (*measured at hcight of 4.5 feet from thc ground) 4 6 inchc3 (3inglc trunk); 2 inchc3 (any trunk of a multi trunk trcc) Ovcr 6 8 inchc3 Number of Replacement Trcc) Required 4 Ovcr 8 20inchc3 6 Ovcr 20 inchc3 8 Office of the City Clerk 1 City of Tukwila Page 169 of 356 Return to Title c. Thc property owncr is rcquircd to cnsurc thc viability and long tcrm health of trccs planted for rcplaccmcnt through proper care and maintenance for thc life of thc projcct. Rcplaccd trccs that do not survivc must bc replanted in the next appropriatc season for planting. f. If all rcquircd rcplaccmcnt trccs cannot bc rcosonably accommodated on thc sitc, off sitc trcc rcplaccmcnt within thc shorclinc jurisdiction may bc allowcd at a sitc approvcd by thc City. Priority for off sitc trcc planting will bc at locations within thc Transition Zonc. If no suitablc off sitc location is availablc, thc applicant shall pay a fcc into a trco rcplaccmcnt fund per thc adopted fcc resolution. 5. Largc Woody Dcbris (LWD): Whcn a trcc suitablc for usc as LWD is permittcd to bc rcmovcd from thc chorclinc buffcr, thc trcc trunk and root ball (whcrc possiblc) will bc savcd for usc in a restoration projcct clscwhcrc in the chorclinc jurisdiction. Thc applicant will bc responsible for thc cost of moving thc rcmovcd trcc(s) to a location designated by thc City. If no rcctoration projcct or ctoragc location is availablc at thc time, thc Dircctor may waivc this rcquircmcnt. Trcco rcmovcd in thc shorclinc jurisdiction outsidc thc buffcr shall bc placcd as LWD in thc buffcr (not on thc bank), if fesible. Priority for LWD placement projccts will bc in thc Transition Zonc. E. Trcc Protcction During Development and Redevelopment. All trccs not propoccd for rcmoval as part of a projcct or development shall bc protected using Bcst Managcmcnt Practiccs and thc standards bclow. 1. Thc Critical Root Zoncs (CRZ) for all trccs dccignatcd for rctcntion, on cite or on adjacent property as applicable, shall bc identified on all construction plans, including demolition, grading, civil and landscape sitc plans. 2. Any roots within thc CRZ cxposcd during construction shall bc covcrcd immediately and kcpt moist with appropriatc matcrials. Thc City may rcquirc a third party Qualificd Trcc Professional to rcvicw long tcrm viability of thc trcc. 3. Physical barricrs, such as 6 foot chain link fcncc or plywood or othcr approvcd equivalent, shall bc placcd around each individual trcc or grouping at thc CRZ Minimum distances from thc trunk for thc physical barricrs shall bc based on thc approximate agc of thc trcc (hcight and canopy) as follows: a. Young trccs (trccs which havc reached Icss than 20% of life cxpcctancy): 0.75 per inch of trunk diamctcr. b. Maturc trccs (trccs which havc reached 20 80% of life cxpcctancy): 1 foot per inch of trunk diamctcr. c. Over mature trccs (trccs which havc reached greater than 80% of life cxpcctancy): 1.5 feet per inch of trunk diamctcr. 1. Alternative protcction mcthods may bc used that providc equal or greater trcc protcction if approvcd by the Dircctor. 5. A weatherproof sign shall bc inctallcd on thc fcncc or barrier that reds: "TREE PROTECTION ZONE THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of matcrials is allowcd within thc Critical Root Zonc. Thc value of this trcc is $ [insert value of trcc as dctcrmincd by a Qualificd Trcc Professional here]. Damagc to this trcc duc to construction activity that results in thc death or ncccssary rcmoval of thc trcc is subjcct to thc Violations scction of TMC 18.44." 6. All trcc protcction measures inctallcd shall bc inspected by thc City and, if dccmcd ncccssary a Qualificd Trce Professional, prior to bcginning construction or earth moving. 7. Any branches or limbs that arc outsidc of thc CRZ and might bc damaged by machinery shall bc pruned prior to construction by a Qualificd Trcc Professional. No construction personnel shall prunc affected limbs cxccpt undcr thc direct supervision of a Qualificd Trcc Professional. 8. Thc CRZ shall bc covcrcd with 4 to 6 inches of wood chip mulch. Mulch shall not bc placcd directly against the trunk. A 6 inch arc around thc trunk shall bc free of mulch. Additional mesures, such as fertilization or supplemental water, ncccssary by thc Qualificd Tr thc trccs for thc ctresc of construction activities. Office of the City Clerk I City of Tukwila Page 170 of 356 Return to Title 0. No storagc of cquipmcnt or rcfusc, parking of vchicics, dumping of matcrials or chcmicals, or placcmcnt of permancnt hc�vy structures or itcms shall occur within thc CRZ. 10. No gradc changcs or soil disturbancc, including trcnching, shall bc allowcd within thc CRZ. Cradc changcs within 10 fcct of thc CRZ shall bc approvcd by thc City prior to implcmcntation. 11. Thc applicant is rcsponsiblc for cnsuring that thc CRZ of trccs on adjaccnt propertics arc not impactcd by thc proposcd dcvclopmcnt. 12. A prc construction inspcction shall bc conductcd by thc City to finalizc trcc protcction actions. 13. Post construction inspcction of protcctcd trccs shall bc conductcd by thc City and, if dccmcd ncccssary by thc City, a Qualificd Trcc Profcssional. All corrcctivc or rcparativc pruning will bc conductcd by a Qualificd Trcc Profcssional. F. Landscaping. 1. Ccncral Rcquircmcnts. For any ncw dcvclopmcnt or rcdcvclopmcnt in thc Shorclinc Jurisdiction, cxccpt singlc family rcsidcntial dcvclopmcnt of 4 or fcwcr lots, invasivc vcgctation must bc rcmovcd and nativc vcgctation plantcd and maintaincd in thc Shorclinc Buffcr, including thc rivcr bank. a. Thc landscaping rcquircmcnts of this subscction apply for any ncw dcvclopmcnt or rcdcvclopmcnt in thc Shorclinc Jurisdiction, cxccpt: singlc family rcsidcntial dcvclopmcnt of 4 or fcwcr lots. Thc cxtcnt of landscaping rcquircd will dcpcnd on thc sizc of thc proposcd projcct. Ncw dcvclopmcnt or full rcdcvclopmcnt of a sitc will rcquirc landscaping of thc cntirc sitc. For smallcr projccts, thc Dircctor will rcvicw thc intcnt of this scction and thc scopc of thc projcct to dctcrminc a rcaasonablc amount of landscaping to bc carnal out. b. Invasivc vcgctation must bc rcmovcd as part of sitc prcparation and nativc vcgctation plantcd, including thc rivcr bank to OHWM. c. On propertics locatcd landward of publicly maintaincd Icvccs, an applicant is not rcquircd to rcmovc invasivc vcgctation or plant nativc vcgctation on thc Icvccs, howcvcr thc rcmaining buffcr landward of thc Icvcc shall bc improvcd and invasivc vcgctation plantcd. d. Rcmoval of invasivc spccics shall bc donc by hand or with hand hcld powcr tools. Whcrc not fc\asiblc and mcchanizcd cquipmcnt is nccdcd, thc applicant must obtain a Shorclinc Trcc Rcmoval and Vcgctation Clcring Pcrmit and chow how thc slopc stability of thc bank will bc maintaincd. A plan must bc submittcd indicating how thc work will bc donc and what crosion control and trcc protcction fcatures will bc utilizcd. Fcdcral and Statc permits may bc rcquircd for vcgctation rcmoval with mcchanizcd cquipmcnt. c. Trccs and othcr vcgctation shading thc rivcr shall bc rctaincd or rcplantcd whcn riprap is placcd, as cpccificd in thc approvcd trcc permit if a permit is rcquircd. f. Rcmoval of invasivc vcgctation may bc phascd ovcr scvcral years prior to planting, if such phasing b providcd for by a plan approvcd by thc Dircctor to allow for altcrnativc approachcs, such as shcct mulching and goat grazing. Thc mcthod scicctcd shall not dcstabilizc thc bank or causc crosion. g. A combination of nativc trccs, shrubs and groundcovcrs (including grasscs, scdgcs, rushcs and vincs) shall bc plantcd. Thc plants lictcd in thc Riparian Rcstoration and Managcmcnt Tablc of thc 2004 Washington Strclam Habitat Rcstoration Cuidclincs (Washington Dcpartmcnt of Fish and Wildlifc, Washington Dcpartmcnt of Ecology, and U.B. Fish and Wildlifc Scrvicc, Olympia, Washington, as amcndcd) shall providc thc basis for plant scicction. Sitc conditions, such as topography, cxposurc, and hydrology shall bc takcn into account for plant scicction. Othcr spccics may bc approvcd if thcrc is adcquatc justification. h. Non nativc trccs may bc uscd as strcct trccs or in approvcd dcvclopcd landccapc areas whcrc conditions arc not appropriatc for nativc trccs (for cxamplc whcrc thcrc arc spacc or hcight limitations or conflicts with utilitics). .. Plants shall mcct thc currcnt Amcrican Standard for Nurscry Stock (Amcrican Nurscry and Landscapc A cociation ANLA). Office of the City Clerk I City of Tukwila Page 171 of 356 Return to Title j- Plant sizcs in thc non buffcr arcs of all Shorclinc Environmcnts shall mcct thc following minimum size standards: Dcciduous trees 2 inch caliper Conifers 6 8 foot hcight Shrubs 24 inch hcight Croundcovcr/grasses 4 inch or 1 gallon container k. Smaller plant sizcs (generally one gallon, barcroot, plugs, or stakcs, dcpcnding on plant spccics) arc preferred for buffcr plantings. Willow stakcs must bc at Icst 1/2 inch in diameter. 1 Sitc prcparation and planting of vcgctation shall bc in accordancc with bcst managcmcnt practices for ensuring thc vegetation's long tcrm hclth and survival. m. Plants may bc selected and placed to allow for public and private vicw corridors and/or access to thc watcr's cdgc. n. Nativc vcgctation in thc chorclinc installed in accordancc with thc preceding standards shall bc maintained by thc property owncr to promotc hclthy growth and prevent establishment of invacivc cpccics. Invasive plants (such ac blackberry, ivy, knotwccd, bindwccd) shall bc removed on a regular basis, according to thc approvcd maintenance plan. o. Arcs disturbed by rcmoval of invacivc plants shall bc rcplantcd with nativc vcgctation whcrc necessary to maintain thc dcnsity shown in TMC 18.44.060.B.4. and must bc rcplantcd in a timcly manner, cxccpt whcrc a long terra rcmoval and rc vcgctation plan, as approvcd by thc City, is bcing implcmcntcd. p. Landscape plans shall includc a detail on invacivc plant rcmoval and coil prcparation. q. Thc following standards apply to utilitics and loading docks locatcd in thc shorclinc jurisdiction. (1) Utilities such as pumps, pipcs, ctc. shall bc suitably screened with nativc vcgctation; (2) Utility cccmcnts shall bc landscaped with nativc groundcovcr, grascs or othcr low growing plants ac appropriate to thc shorclinc cnvironmcnt and sitc conditions; (3) Allowed loading docks and service arcs locatcd watcrward of thc development shall have landscaping that providcs cxtcnsivc visual separation from thc river. 2. Shorclinc Buffcr Landscaping Rcquircmcnts in all Shorclinc Environmcnts. Thc Shorclinc Buffcr in all chorclinc cnvironmcnts shall function, in part, as a vcgctation managcmcnt arc to filtcr sediment, capturc contaminants in surface watcr run off, rcducc thc velocity of watcr run off, and providc fish and wildlifc habitat. a. A planting plan prepared by an approvcd biologist shall bc submitted to thc City for approval that chows plant cpccics, cizc, numbcr and spacing. Thc requirement for a biologist may bc waived by thc Dircctor for single family property owncrs (whcn planting is bcing rcquircd as mitigation for construction of ovcrwatcr structures or shorclinc stabilization). b. Plants shall bc installed from thc OHWM to thc upland cdgc of thc Shorclinc Buffcr unlcss thc Dircctor dctcrmincs that cite conditions would make planting unsafe. c. Plantings close to and on thc bank shall includc nativc willows, rcd osier dogwood and othcr native vcgctation that will cxtcnd out ovcr thc watcr, to providc shadc and habitat functions whcn mature. Spccics scicctcd must be able to withstand coaconal watcr Icvcl fluctuations. d. Minimum plant spacing in thc buffcr shall follow thc Shorclinc Buffcr Vcgctation Planting Densities Table shown in TMC 18.44.060.F.2. Existing non invasive plants may bc includcd in thc dcnsity calculations. c. Irrigation for buffcr plantings is rcquircd for at Icct two dry seasons or until plants arc established. An irrigation plan is to bc includcd as part of thc planting plan. Office of the City Clerk I City of Tukwila Page 172 of 356 Return to Title f. In thc event that a dcvclopmcnt projcct allows for setback and bcnching of thc shorclinc along an cxisting lcvcc or rcvctmcnt, thc ncwly created mid slopc bcnch arco shall bc plantcd and maintained with a variety of nativc vegetation appropriate for sitc conditions. g. Thc Dircctor, in consultation with thc City's Urban Environmcntalist, may approve thc use of shrub planting and installation of willow stakes to bc counted toward thc trcc rcplaccmcnt standard in thc buffcr if proposcd as a measure to control invasivc plants and incrc�sc buffcr function. rl_Meteriel-T-ype £takes/cuttings along rivcr bank (willows, rcd osier dogwood) Trees Croundcovcrs, grasccs, sedges, rushes, othcr herbaceous plants Native sccd mixes Bens y 1 2 fcct on ccntcr or per bioengineering mcthod 3 5 fcct on ccntcr, dcpcnding on species 15 20 fcct on ccntcr, dcpcnding on species 1 1.5 fcct on ccntcr, dcpcnding on species 5 25 Ibs per acrc, dcpcnding on species thc Shorclinc Buffcr. For thc portions of property within thc Shorclinc Jurisdiction landward of thc Shorclinc Buffcr the aandccapc rcquircmcnts in thc Ccncral section of this chaptcr and thc rcquircmcnts for thc underlying zoning as established in TALC 18.52 shall apply cxccpt as indicated bclow. a. Parking Lot Landscape Pcrimctcrs: Onc nativc trcc for each 20 lineal fcct of rcquircd perimctcr landscaping, one shrub for clash 4 lineal fcct of rcquircd perimctcr landscaping, and nativc groundcovcrs to covcr 90% of thc landscape area within 3 yers, plantcd at a minimum spacing of 12 inches on ccntcr. b. Interior Parking Lot Landscaping: Evcry 300 cquarc fcct of pavcd surface rcquircs 10 cquarc fcct of intcrior landscaping within landscape islands separated by no morc than 150 fcct bctwccn islands. c. Landscaping shall bc provided at yards not adjacent to thc rivcr, with thc same width as rcquircd in the undcrlying zoning district. This standard may bc rcduccd as follows: (1) Whcrc dcvclopmcnt providcs a public access corridor bctwccn off site public aw(s) and public chorclinc areas, side yard landccapin ; (2) Whcrc dcvclopmcnt providcs additional public access arcla(s) (as allowed by thc High Intensity and Urban Conscrvancy Environmcnt Development Standards) equal in arc to at Ic€ast 2.5% of total building arc, front yard landscaping may bc rcduccd by 25 percent. C. Vegetation Managcmcnt in thc Shorclinc Jurisdiction. Thc rcquircmcnts of this scction apply to all cxisting and new dcvclopmcnt within thc shorclinc jurisdiction. 1. Trccs and shrubs may only bc pruncd for safety, to maintain vicws or access corridors and trails by pruning up or on thc sidcs of trccs, to maintain clearance for utility lines, and/or for improving shorclinc ecological function. No morc than 25% may bc pruncd from a trcc within a 36 month period without prior City rcvicw and is subject to rcplaccmcnt ratios of this chaptcr. This typc of pruning is cxcmpt from any permit rcquircmcnts. Topping of trccs is prohibitcd and shall bc regulated as rcmoval with trcc rcplaccmcnt rcquircd cxccpt whcrc absolutely necessary to avoid intcrfcrcncc with cxisting utilitics. 2. Plant dcbris from rcmoval of invasivc plants or pruning shall bc removed from thc cite and disposed of properly. 3. Usc of pcsticidcs. a. Pcsticidcs (including hcrbicidcs, insccticidcs, and fungicidcs) shall not bc used in thc shorclinc jurisdiction cxccpt whcrc: (1) Alternatives such as manual rcmoval, biological control, and cultural control arc not feasible givcn the tion site ch r. }�ristics or the charactcrictics of thc invasivc plant species; Office of the City Clerk 1 City of Tukwila Page 173 of 356 Return to Title (2) Thc usc of pcsticidcs has bccn approvcd through a comprchcnsivc vcgctation or pcst managcmcnt and monitoring plan; (3) Thc pcsticidc is applied in accordancc with state rcgulations; (1) Thc proposcd hcrbicidc is approvcd for aquatic usc by thc U.B. Environmcntal Protcction Agcncy; and (5) Thc usc of pcsticidcs in thc shorclinc jurisdiction is approvcd in writing by thc Dcpartmcnt of Ecology or Washington Dcpartmcnt of Agriculture. b. Sclf contained rodcnt bait boxcs dcsigncd to prevent access by othcr animals arc allowed. c. Sports ficlds, parks, golf courscs and othcr outdoor rccrctional uscs that involvc maintcnancc of cxtcnsivo arcs of turf shall providc and implcmcnt an intcgratcd turf managcmcnt program or intcgratcd pcst managcmcnt plan designed to ensure that water quality in thc river is not adversely impacted. '1. Restoration Projcct Plantings: Restoration projccts may ovcrplant thc cite as a way to discourage thc rc establishment of invasive spccics. Thinning of vcgctation to improvc plant survival and hcIth without a separate shorclinc vcgctation removal permit may bc permitted fivc to tcn yoars aftcr planting if this approach is approvcd as part of the restoration projcct's maintcnancc and monitoring plan. H. Maintenance and Monitoring. Thc property owncr is rcquircd to cnsurc thc viability and long tcrm hcIth of vcgctation planted for replacement or mitigation through proper carc and maintcnancc for thc life of thc projcct subject to the permit rcquircmcnts as follows: 1. Trcc Rcplaccmcnt and Vcgctation Clcring Pcrmit Rcquircmcnts: a. Schcdulc an inspection with thc City's Urban Environmentalist to documcnt planting of thc correct numbcr and typc of plants. b. Submit annual documentation of trcc and vcgctation hclth to thc City for thrcc yoars. a. A fivc ycr maintcnancc and monitoring plan must bc approvcd by thc City prior to permit issuance. The monitoring period will bcgin whcn thc restoration is acccptcd by thc City and as built plans havc bccn submittcd. b. Monitoring rcports shall bc submittcd annually for City rcvicw up until thc cnd of thc monitoring period. c. Mitigation will bc complete aftcr projcct goals havc bccn mct and acccptcd by thc City's Urban Environmentalist. d. A performance bond or financial security equal to 150% of thc cost of labor and materials rcquircd for implementation of thc planting, maintcnancc and monitoring shall bc submittcd prior to City acceptance of projcct. NOrd 2765 71, 2025 Ord 2741 4 (pant), 20241 1-874447-0 A. Applicable Critical Aromas Regulations. Thc following critical arcs, locatcd in thc shorclinc jurisdiction, shall be regulated in accordancc with thc provisions of thc Critical Arcs Ordinancc TMC 18.45, (Ordinancc No. 2625, March 2, 2020), which is hcrcin incorporated by rcfcrcncc into this SMP, except as providcd in TMC 18.44.070.B. Said provisions shall apply to any usc, alteration, or dcvclopmcnt within shorclinc jurisdiction whcthcr or not a shorclinc permit or writtcn statement of cc stated, no dcvclopmcnt shall bc constrbeted, locatcd, cxtcndcd, modificd, convcrtcd, or altered, or land dividcd without full compliance with thc provisions adoptcd by rcfcrcncc and thc Shorclinc Mastcr Program. Within shorclinc jurisdiction, thc rcgulations of TMC 18.45 shall bc liberally construcd togcthcr with thc Shorclinc Mastcr Managcmcnt Act. If there is a conflict or inconsistcncy bctwccn any of thc adoptcd provisions bclow and thc Shorclinc Mastcr Office of the City Clerk 1 City of Tukwila Page 174 of 356 Return to Title 1. Wctlands 2. Watercourses (Typc F, Typc Np, Typc Ns) 3. Arcs of potential gcologic instability 1. Fish and wildlifc habitat conservation areas B. The following provisions in TMC 18.45 do not apply to critical areas in thc shorclinc jurisdiction: 1. Critical Arc€a Mastcr Plan Ovcrlay (TMC 8.45.160). 2. Rc�sonablc Usc Exception (TMC 18.45.180). Exccptions within shorclinc jurisdiction shall rcquirc a shorclinc variancc based on thc variancc criteria listed in TMC 18.44.110.F and WAC 173 27 170. 3. Timc Limitation, Appeals, and Vcsting (TMC 18.45.190). 1. Wctlands Uscs, Alterations and Mitigation (TMC 18.45.090). Activities and alterations to wetlands and thcir buffcrs located within shorclinc jurisdiction shall bc subject to thc provisions and permitting mechanisms of this Mastcr Program. C. Shorclinc buffcr widths arc dcfincd in TMC 18.44.040. D. Futurc amendments to thc Critical Aroas Ordinancc rcquirc Dcpartmcnt of Ecology approval of an amendment to this Mastcr Program to incorporate updated language. E. If provisions of thc Critical Aroas Ordinancc conflict with provisions of this Mastcr Program, thc provisions that arc thc most protcctivc of thc ecological rcsourcc shall apply, as dctcrmincd by thc Director. F. If thcrc arc provisions of thc Critical Arc€as Ordinancc that arc not consistcnt with thc Shorclinc Managcmcnt Act, C. Areas of scismic instability arc also dcfincd as critical areas. Thcsc areas arc regulated by thc Washington State Building Codc, rather than by TMC 18.44.070. Additional building standards applicable to frcqucntly floodcd areas are included in thc Flood Zonc Managcmcnt Codc (TMC 16.52). N,Ord. 2741 4 (pant), 20241 18.44.080 Public Accc^r to thc Shorclinc 1. Public acccss shall bc provided on all property that abuts thc Crccn/Duwamish Rivcr shorclinc in accordance with this ccction as furthcr discussed bclow whcrc any of thc following conditions arc present: a. Whcrc a dcvclopmcnt or usc will crc€atc incrciscd dcmand for public acccss to thc shorclinc, the dcvclopmcnt or ucc shall providc public acccss to mitigatc this impact. For thc purposes of this ccction, an "increase in dcmand for public acccss" is dctcrmincd by evaluating whcthcr thc dcvclopmcnt rcflccts an incroacc in thc land ucc intensity (for example convcrting a warehouse to officc or retail usc), or a significant incrcisc in thc squarc footage of an cxisting building. A significant incroacc is dcfincd as an incroacc of at least 3,000 squarc fcct. b. Whcrc a dcvclopmcnt or usc will intcrfcrc with an cxisting public acccss way, thc dcvclopmcnt or usc shall providc public acccss to mitigatc this impact. Impacts to public acccss may includc blocking acccss or discouraging usc of existing on cite or nearby accesses. c. Whcrc a usc or dcvclopmcnt will intcrfcrc with a public usc of lands or waters subjcct to thc public trust doctrinc, thc dcvclopmcnt shall providc public acccss to mitigatc this impact. d. Whcrc thc dcvclopmcnt is proposcd by a public cntity or on public lands. c. Whcrc idcntificd on thc Shorclinc Public Acccss Map in thc Shorclinc Mastcr Program. f. Whcrc a land division of fivc or groatcr lots, or a rccidcntial projcct of fivc or greater rccidcntial units, is proposed. Office of the City Clerk 1 City of Tukwila Page 175 of 356 Return to Title 2. Thc cxtcnt of public acccss rcquircd will bc proportional to thc amount of incresc in thc demand for public acccss. For smaller projccts, thc Dircctor will rcvicw thc intent of this scction and thc scopc of thc projcct to dctcrminc a resonabIc amount of public acccss to bc carried out. Dcpcnding on thc amount of incresc, thc projcct may utilizc the alternative provisions for mccting public acccss in TMC 18.44.080.F. Thc terms and conditions of TMC 18.44.080.A and 18.44.080.B shall bc deemed satisfied if thc applicant and thc City agrcc upon a master trail plan providing for public paths and trails within a parcel or group of parcels. 3. Thc provisions of this scction do not apply to thc following: a. Short subdivisions of four or fcwcr lots; b. Whcrc providing such acccss would causc unavoidable hcIth or safety hazards; c. Whcrc an arc is limited to authorized personncl and providing such acccss would crctc inhcrcnt and {inavoidablc security problcms that cannot bc mitigatcd through cite design or fcncing; or d. Whcrc providing such acccss would causc significant ecological impacts that cannot bc mitigatcd. An applicant claiming an cxcmption undcr itcms 3(b) (d) above mutt comply with thc procedures in TMC 18.44.080.F. B. Ccncral Standards. 1. To improvc public acccss to thc Crccn/Duwamish Rivcr, sitcs shall bc dcsigncd to providc: a. Safc, viciblc and accessible pedestrian and non motorizcd vehicle conncctions bctwccn proposed dcvclopmcnt and thc river's cdgc, particularly whcn thc sitc is adjaccnt to thc Crccn Rivcr Trail or othcr approvcd trail systcm; efiEt b. Public pathway entrances that arc cicrly viciblc from thc street cdgc and idcntificd with cignagc; and c. Clcrly idcntificd pathways that arc separate from vehicular circulation arcs. This may bc accomplished through thc ucc of distinct paving matcrials, changes in color or distinct and detailed scoring patterns and tcxturcs. d. Sitc cicmcnts that arc organized to cicrly dictinguich bctwccn public and privatc acccss and circulation systems. 2. Rcquircd public acccss shall bc fully developed and available for public ucc at thc time of occupancy in accordance with dcvclopmcnt permit conditions cxccpt whcrc thc decision makcr dctcrmincs an appropriatc mechanism for delayed public acccss implementation is necessary for practical resons. Whcrc appropriatc, a bond or cash assignment may bc approvcd, on rcvicw and approval by thc Dircctor of Community Development, to cxtcnd this rcquircmcnt for 90 days from thc date thc Certificate of Occupancy is issucd. 3. Public acccss cccmcnts and related permit conditions shall bc recorded on thc dccd of titic or thc facc of the plat or approvcd cite plan, as a condition ticd to thc ucc of thc land. Rccording with thc County shall occur prior to thc issuance of an Occupancy Pcrmit or final subdivision approval. Upon rc dcvclopmcnt of such a sitc, thc cscmcnt may bc relocated to facilitate thc continued public acccss to thc shoreline. 4. Approved signs indicating thc public's right of acccss and hours of acccss, if rcstrictcd, shall bc constructed, installed and maintaincd by thc applicant in conspicuous locations at public acccss sitcs. Signs should bc dcsigncd to dictinguich bctwccn public and privatc arcs. Signs controlling or restricting public acccss may bc approvcd as a condition of permit approval. 5. Rcquircd acccss mutt bc maintaincd in perpctuity. 6. Public acccss fctures shall bc separated from residential uses through thc ucc of setbacks, low walls, bcrms, landscaping, or othcr dcvicc of a scalc and matcrials appropriatc to thc sitc. 7. Sharcd public acccss bctwccn dcvclopmcnts is encouraged. Whcrc acccss is to bc shard bctwccn adjaccnt dcvclopmcnts, thc minimum width for the individual acccss cscmcnt may bc reduced, providcd thc total width of cscmcnts contributcd by cch adjaccnt dcvclopmcnt equals a width that complics with Firc Dcpartmcnt rcquircmcnts and/or exceeds thc minimum for an individual acccss. Office of the City Clerk I City of Tukwila Page 176 of 356 Return to Title 8. Public acccss sitcs shall bc connected dircctly to thc nearest public area (c.g., strcct, public park, or adjoining public acccss casement). Whcrc conncctions arc not currcntly possiblc, thc sitc shall bc dcsigncd to accommodate logical futurc conncctions. C. Requirements for Shorclinc Trails. Whcrc public acccss is rcquircd undcr TMC 18.44.080.A.1, thc requirement will bc mct by provision of a shorclinc trail as follows: 1. Dcvclopmcnt on Propertics Abutting Existing Grccn Rivcr Trail. An applicant sccking to dcvclop property abutting thc existing trail shall mcct public acccss rcquircmcnts by upgrading thc trail along thc property frontage to mcct the standards of a 12 foot widc trail with 2 foot shouldcrs on c€ach sidc. If a 12 foot widc trail cxists on thc property, it shall mean public acccss rcquircmcnts have bccn mct if acccss to thc trail cxists within 1,000 fcct of thc property. 2. Dcvclopmcnt on Propertics Whcrc Ncw Regional Trails arc Planncd. An applicant sccking to dcvclop property abutting thc rivcr in areas idcntificd for ncw chorclinc trail segments shall mcct public acccss rcquircmcnts by dedicating a 16 foot widc trail casement to thc City for public acccss along thc rivcr. 3.0n sitc Trail Standards. Trails providing acccss within a property, park or restoration cite shall bc developed at a width appropriatc to thc expected usagc and cnvironmcntal scnsitivity of thc sitc. 1. Shorclinc dcvclopmcnt by any public cntitics, including but not limitcd to thc City of Tukwila, King County, port districts, state agencies, or public utility districts, shall includc public acccss measures as part of each dcvclopmcnt projcct, unIcss such acccss is shown to bc incompatible duc to reasons of safety, sccurity, impact to thc shorclinc cnvironmcnt or othcr provisions Iictcd in this ccction. 2. Thc following rcquircmcnts apply to strcct cnds and City owncd property adjaccnt to thc rivcr. a. Public right of way and "road cnds," or portions thcrcof, shall not bc vacated and shall bc maintained for futurc public acccss. b. Unimproved right of ways and portions of right of ways, such as strcct cnds and turn outs, shall be dcdicatcd to public asses uses until such timc as thc portion bccomcs improvcd right of way. Uccs shall bc limitcd to passive outdoor recreation, hand carry boat launching, fishing, intcrprctivc/educational uscs, and/or parking that accommodates thcsc {ices, and shall bc dcsigncd so as to not interfere with thc privacy of adjaccnt residential uses. c. City owncd facilitics within thc Shorclinc Jurisdiction shall providc ncw trails and trail conncctions to the Crccn Rivcr Trail in accordance with approved plans and this SMP. d. All City owncd rccroational facilitics within thc Shorclinc Jurisdiction, unlcsc qualifying for an cxcmption as specified in this chapter, shall make adequate provisions for: (1) Non motorizcd and pedestrian acccss; (2) Thc prevention of trespass onto adjaccnt propertics through landscaping, fcncing or othcr appropriatc (3) Signagc indicating thc public right of way to chorclinc areas; and (1) Mcchanicros to prevent cnvironmcntal degradation of thc chorclinc from public ucc. E. Public Acccss Inccntivcs. 1. Thc minimum yard cctback for buildings, uscs, utilities or dcvclopmcnt from non rivcrfront lot lines may be rcduccd as follows: a. Whcrc a dcvclopmcnt providcs a public acccss corridor that connccts off sitc areas or public shorclinc areas to public chorclinc areas, one sidc yard may bc rcduccd to a zcro lot line placement; or b. Whcrc a dcvclopmcnt providcs additional public acccss arm(s) equal in area to at Isast 2.5% of total building area, thc front yard (thc landward sidc of thc dcvclopmcnt) may bc rcduccd by 50%. 2. Thc maximum hcight for structures within thc chorclinc jurisdiction may bc increased by 15 fcct whcn: Office of the City Clerk I City of Tukwila Page 177 of 356 Return to Title a. Dcvclopmcnt dcvotcs at Ic€ast 5% of its building or land arcs to public shorclinc acccss; or b. Dcvclopmcnt dcvotcs at least 10% of its land arc to cmploycc shorclinc acccss. 3. Thc maximum hcight for structures within thc shorclinc jurisdiction may bc incrc€ascd by 15 feet for propertics that construct a 12 foot widc pavcd trail with a 2 foot widc shouldcr on c€ach sidc for public acccss along thc rivcr in areas idcntificd for new shorclinc trail scgmcnts, or whcrc, in thc case of propertics containing or abutting cxisting public acccss trails, thc cxisting trail cithcr mccts thc standard of a 12 foot widc trail with 2 foot widc shouldcrs on cithcr sidc or the property owncr providcs any necessary casements and improvcmcnts to upgrade thc cxisting trail to that standard along thc property frontage. 1. During thc projcct rcvicw, thc projcct proponcnt shall affirmatively dcmonstratc that thc increased hcight for structures authorizcd in subparagraphs E.2 and E.3 of this section will: a. Not block thc vicws of a substantial numbcr of residences; b. Not cause cnvironmcntal impacts such as light impacts adversely affecting thc rivcr corridor; c. Achieve no nct loss of ccological function; and d. Not combinc inccntivcs to increase thc allowed building hcight abovc thc maximum hcight in thc parccl's zoning district. F. Exemptions from Provision of On Sitc Public Accc; c. 1. Requirements for providing on sitc general public acccss, as distinguishcd from cmploycc acccss, will not apply if thc applicant can dcmonstratc one or morc of thc following: a. Unavoidablc health or safety hazards to thc public cxict such as active railroad tracks or hazardous chemicals related to thc primary usc that cannot bc prevented by any practical mans. b. Thc arch is limitcd to authorizcd personnel and inhcrcnt security rcquircmcnts of thc use cannot bc satisfied through thc application of altcrnativc dcsign features or othcr solutions. c. Thc cost of providing thc acccss, casement or othcr public amenity on or off thc dcvclopmcnt sitc b unrclasonably disproportionate to thc total long tcrm cost of thc proposcd dcvclopmcnt. d. Unavoidablc cnvironmcntal harm or nct loss of shorclinc ccological functions that cannot bc adequately nnitigatcd will result from thc public acccss. c. Access is not feasible duc to thc configuration of existing parcels and structures, such that acccss areas arc blocked in a way that cannot bc remedied reasonably by thc proposcd dcvclopmcnt. f. Significant unduc and unavoidable conflict bctwccn thc proposcd acccss and adjaccnt uses would occur and cannot bc mitigated. g. Space is nccdcd for water dcpcndcnt uscs or navigation. 2. In ordcr to mcct any of thc abovc rcfcrcnccd conditions, thc applicant must first dcmonstratc that all reasonable alternatives have bccn exhausted including, but not limitcd to: a. Rcgulating acccss by such mans as maintaining a gatc and/or limiting hours of usc; b. Designing separation of uses and activities through fcncing, terracing, hcdgcs or othcr design features; or c. Providing acccss on a sitc geographically separate from thc proposal such as a strcct cnd cannot be accomplished. 3. If thc abovc conditions arc demonstrated, and thc proposcd dcvclopmcnt is not subject to thc Parks Impact Fcc, altcrnativc provisions for mccting public acccss arc rcquircd and include: a. Dcvclopmcnt of public acccss at an adjaccnt street cnd; or Office of the City Clerk I City of Tukwila Page 178 of 356 Return to Title b. Protection through cscmcnt or setbacks of landmarks, uniquc natural fctures or othcr arcs valuable for thcir intcrprctivc potential; or c. Contribution of materials and/or labor toward projccts idcntificd in thc Parks and Rccrction Mastcr Plan, thc Shorclinc Rcstoration Plan, or othcr City adopted plan; or d. In lieu of providing public acccss undcr this scction, at thc Director's discrction, a privatc applicant may providc restoration/enhancement of thc shorclinc jurisdiction to a scalc commensurate with thc foregone public acccss. VOrd 2141 §4 (pant), 26241 13.44.090 Shorclinc Dcsign Guidclinca A. The Crccn/Duwamish Rivcr is an amenity that should bc valued and celebrated whcn dcsigning projccts that will be locatcd along its length. If any portion of a projcct falls within thc shorclinc jurisdiction, thcn thc entire projcct will bc reviewed undcr these guidclincs as well as thc relevant sections of thc Dccign Rcvicw Chaptcr of thc Zoning Codc (TMC 18.60). The following standards apply to dcvclopmcnt, uscs and activities in thc Urban Conscrvancy and High Intcnsity Environmcnts and non residential dcvclopmcnt in thc Shorclinc Residential Environmcnt. 1. Relationship of Structurc to Sitc. Dcvclopmcnt within thc shorclinc jurisdiction shall dcmonctratc compliance with thc following: a. Rcflcct thc chaps of thc shorclinc; b. Oricnt building cicmcnts to sitc such that public rivcr acccss, both visual and physical is enhanced; c. Oricnt buildings to allow for casual obccrvation of pcdctrian and trail activity from intcrior cpaccs; d. Sitc and oricnt buildings to providc maximum vicws from building intcriors toward thc rivcr and thc shorclinc; c. Oricnt public usc arcs and privatc amenities towards thc rivcr; f. Cloarly allocate cpaccs, accommodating parking, vehicular circulation and buildings to prccrvc cxicting stands of vegetation or trees so that natural ar g. Clcrly dcfinc and separate public from non public spaces with thc usc of paving, signagc, and landscaping. 2. Building Dcsign. Dcvclopmcnt within thc shorclinc jurisdiction shall dcmonctratc compliance with thc following: a. To prevent building mass and shapc from ovcrwhclming thc desired human scalc along thc rivcr, dcvclopmcnt shall avoid blank walls on thc public and rivcr cidcs of buildings. b. Buildings should bc designed to follow thc curvc of thc rivcr and respond to changes in topography; buildings must not "turn thcir back" to thc rivcr. c. Dccign common aroas in buildings to takc advantagc of shorclinc vicws and acccss; incorporate outdoor ccting arcs that arc compatible with shorclinc acccss. d. Consider thc height and scalc of cch building in relation to thc sitc. c. Extcnd cite fctures such as plazas that allow pedestrian acccss and cnjoymcnt of thc rivcr to thc landward side of the buffer's cdgc. f. Locatc lunchrooms and othcr common arcs to opcn out onto thc water ward sidc of thc sitc to maximize cnjoymcnt of thc rivcr. g. Dcsign structures to takc advantagc of thc rivcr frontage location by incorporating fctures such as: (1) plazas and landccapcd opcn cpacc that conncct with a shorclinc trail cyctcm; (2) windows that offcr vicws of thc rivcr; or (3) pedestrian entrances that facc thc rivcr. Office of the City Clerk 1 City of Tukwila Page 179 of 356 Return to Title h. Vicw obscuring fcncing is permittcd only whcn ncccssary for documentable usc requirements and must bc dcsigncd with landscaping per TMC 18.44.060, "Vcgctation Protcction and Landscaping." Other fencing, whcn allowcd, must bc dcsigncd to complcmcnt thc proposcd and/or cxisting dcvclopmcnt matcrials and dcsign; and Where thcrc arc public trails, locate any fcncing bctwccn thc site and thc landward sidc of thc shorclinc t 3. Dcsign of Public Acccss. Dcvclopmcnt within thc shorclinc jurisdiction shall demonstrate compliance with the following: a. Public acccss shall bc barrier frcc, whcrc fcsiblc, and dcsigncd consistcnt with thc Americans with Disabilitics Act. b. Public acccss landscape dcsign shall usc native vcgctation, in accordance with thc standards in TMC 18.44.060, "Vcgctation Protcction and Landscaping." Additional landscapc fctures may bc required whcrc desirable to providc public/private spacc scparation and scrccning of utility, scrvicc and parking arcs. c. Furniture used in public acccss aroas shall bc appropriatc for thc proposcd Icvcl of dcvclopmcnt, and the charactcr of thc surrounding arc. For example, large urban projccts should providc formal bcnchcs; for smaller projccts in icss developed arcs, simplcr, Icss formal bcnchcs or suitable alternatives such as bouldcrs arc appropriatc. d. Materials used in public acccss furniturc, structures or sites shall bc: (1) Durablc and capable of withstanding cxposurc to thc cicmcnts; (2) Environmentally fricndly and take advantage of tcchnology in building matcrials, lighting, pavcd curfaccs, porous pavement, ctc, wherever practical; and (3) Consistent with thc charactcr of thc shorclinc and thc anticipated usc. c. Public Privatc Scparation. (1) Public acccss facilities shall look and fccl wcicoming to thc public, and not apper as an intrusion into privatc property. (2) Natural cicmcnts such as logs, grasp, shrubs, and elevation separations arc encouraged as mans to dcfinc thc scparation bctwccn public and privatc spacc. 4. Dcsign of Flood Walls. Thc exposed new floodwalls should bc dcsigncd to incorporate brick or stonc facing, tcxturcd concrctc block, deign cicmcnts formcd into thc concrctc or vcgctation to covcr thc wall within 3 yoars of planting. NOrd 2765 §72, 2025 Ord 2741 4 (pant),2024) 48:44.100 Shorclinc Restoration A. Shorclinc Substantial Dcvclopmcnt Pcrmit Not Rcquircd. Shorclinc rcctoration projccts shall bc allowcd without a Shorclinc Substantial Dcvclopmcnt Pcrmit whcn thcsc projccts mcct thc critcria established by WAC 173 27 040(2)(o) and (p) and RCW 90.58.580. 1. Rclicf may bc granted from Shorclinc Mastcr Program standards and usc rcgulations in cases whcrc shorclinc rcctoration projccts moult in a change in thc location of thc OHWM and ascociatcd Shorclinc Jurisdiction on thc subject property and/or adjacent propertics, and whcrc application of this chaptcr's rcgulations would prccludc or interfere with the uscs permittcd by thc underlying zoning, thus prcocnting a hardship to thc projcct proponcnt. a. Applications for rclicf, as spccificd bclow, must mcct thc following critcria: (1) Thc proposcd rclicf is thc minimum ncccssary to rclicvc thc hardship; (2) Aftcr granting thc proposcd rclicf, thcrc is nct environmental bcncfit from thc rcctoration projcct; and Office of the City Clerk 1 City of Tukwila Page 180 of 356 Return to Title (3) Cranting thc proposcd rclicf is consistcnt with thc objcctivcs of thc shorclinc rcstoration projcct and with thc Shorclinc Mastcr Program. C1) Whcrc a shorclinc rcstoration projcct is crceatcd as mitigation to obtain a dcvclopmcnt permit, thc projcct proponcnt rcquircd to perform thc mitigation is not cligiblc for rclicf undcr thc provisions of this scction. b. Thc Dcpartmcnt of Ecology must rcvicw and approvc applications for rclicf. c. For thc portion of property that movcs from outsidc Shorclinc Jurisdiction to insidc Shorclinc Jurisdiction as a rcsult of thc shorclinc rcstoration projcct, thc City may considcr thc following, consistcnt with thc critcria in TMC 18.44.100.B.1.a. (1) permitting dcvclopmcnt for thc full rangc of uscs of thc undcrlying zoning consistcnt with thc Zoning Codc, including uscs that arc not watcr oricntcd; (2) waiving thc rcquircmcnt to obtain a shorclinc substantial dcvclopmcnt permit if it is othcrwicc cxcmpt from thc rcquircmcnt for a substantial dcvclopmcnt permit; (3) waiving thc provisions for public acccsrc; CI) waiving thc rcquircmcnt for shorclinc dcsign rcvicw; and (5) waiving thc dcvclopmcnt standards sct forth in this chaptcr. d. Thc intcnt of thc cxcmptions idcntificd in TMC 18.44.100.B.1.c.(1) through 18.44.100.B.1.c.(5) is to implcmcnt the rcstoration projccts of thc Shorclinc Mastcr Program Rcstoration Plan, which rcflccts thc projccts idcntificd in thc Watcr Rccourcc Invcntory Arco (WRIA) 9 Plan pursuant to Coals and Policics 5.2 of thc Tukwila Comprchcncivc Plan. 2. Consistcnt with thc provisions of TMC 18.44.100.B.1.a, 1.b and 1.c, thc Shorclinc Rccidcntial Environmcnt, High Intcnsity, Urban Conscrvancy Environmcnt Shorclinc Buffcr width may bc rcduccd to no Icss than 25 fcct mcasurcd from thc ncw location of thc OHWM for thc portion of thc property that movcs from outsidc thc Shorclinc Jurisdiction to insidc Shorclinc Jurisdiction as a rcsult of thc shorclinc rcstoration projcct, subjcct to thc following standards: a. Thc 25 foot buffcr arc must bc vcgctatcd according to thc rcquircmcnts of TMC 18.44.060, "Vcgctation Protcction and Landscaping," or as othcrwicc approvcd by thc City; and b. Thc proponcnts of thc rcstoration projcct arc rcsponsiblc for thc installation and maintcnancc of the vcgctation. 3. Thc habitat restoration projcct proponcnts must rccord with King County a curvcy that idcntifics thc location of thc OHWM location prior to implcmcntation of thc shorclinc rcstoration projcct, any structures that fall within thc Shorclinc Jurisdiction, and thc ncw location of thc OHWM oncc construction of thc shorclinc restoration projcct is complctcd. �. Shorclinc restoration projccts must obtain all U.S. Army Corps of Enginccrs and Washington Statc Dcpartmcnt of Fish and Wildlifc approvals as wcll as writtcn approval from thc City. 1. Consistcnt with provisions in TMC 18.44.050.C, building hcights within shorclinc jurisdiction may bc incrc€ascd if thc projcct proponcnt providcs additional rcstoration and/or cnhanccmcnt of thc shorclinc buffcr, bcyond what may othcrwicc bc rcquircd in accordancc with thc standards of TMC 18.44.060, "Vcgctation Protcction and Landscaping." Additional rcstoration and/or cnhanccmcnt shall includc: a. crcation of shallow watcr (maximum clopc 5H:1V) off channcl roaring habitat and/or b. rcmoval of fish passagc barricrs to known or potcntial fish habitat, and rcstoration of thc barricr sitc. NOrd 2741 4 (pant), 20241 Office of the City Clerk I City of Tukwila Page 181 of 356 Return to Title 18.44.110 ^,lmini3tration 1. Development in thc Shorclinc Jurisdiction. Bascd on guidclincs in thc Shorclinc Managcmcnt Act (SMA) for a Minimum Shorclinc Jurisdiction, Tukwila's Shorclinc Jurisdiction is dcfincd as follows: Thc Tukwila Shorclinc Jurisdiction includes thc channel of thc Crccn/Duwamish Rivcr, its banks, thc upland arcs which cxtcnds from thc OHWM landward for 200 feet on c€ach side of thc river, floodways and all associatcd wctlands within its floodplain. Thc floodway shall not include thosc lands that havc historically bccn protcctcd by flood control dcviccs and thcrcforc havc not bccn subjcct to flooding with rc€asonablc regularity. 2. Applicability. Thc Tukwila SMP applies to uscs, change of uscs, activitics or dcvclopmcnt that occurs within thc above dcfincd Shorclinc Jurisdiction. All proposed uscs and dcvclopmcnt occurring within thc Shorclinc Jurisdiction must conform to RCW 90.58, thc SMA, and this chapter whcthcr or not a permit is rcquircd. 1. Compliance with this Mastcr Program docs not conctitutc compliance with othcr fcdcral, ctatc, and local rcgulations and permit rcquircmcnts that may apply. Thc applicant is rccponciblc for complying with all othcr applicable rcquircmcnts. 2. Whcrc this Mastcr Program makes rcfcrcncc to any RCW, WAC, or othcr ctatc or fcdcral law or regulation, the most rcccnt amcndmcnt or currcnt cdition shall apply. 3. In thc case of any conflict bctwccn any othcr fcdcral, state, or local law and this Mastcr Program, thc provision that is most protective of shorclinc recourses shall prevail, cxccpt whcn conctraincd by fcdcral or ctatc law, or where specifically providcd in this Mastcr Program. (a) For protcction of critical aroas whcrc thcy occur in shorclinc jurisdiction, this Mastcr Program adopts by reference thc City's Critical Arcs Ordinancc, which is incorporated into this Mastcr Program with spccific cxclusions and modifications in TMC 18.44.070. (b) All rcfcrcnccs to thc Critical Arcs Ordinancc arc for thc version adopted March 2, 2020. Pursuant to WAC 173 26 191(2)(b), amending thc referenced rcgulations in thc Mastcr Program for thosc critical areas undcr shorclinc jurisdiction will rcquirc an amcndmcnt to thc Mastcr Program and approval by thc Dcpartmcnt of Ecology. (c) Within shorclinc jurisdiction, thc Critical Areas Ordinancc shall be liberally construcd togcthcr with this Mastcr Program to givc full cffcct to thc objectives and purpoccs of thc provisions of this Mastcr Program and RCW 90.58. C. Developments not rcquircd to obtain shorclinc permits or local rcvicws. Rcquircmcnts to obtain a substantial dcvclopmcnt permit, conditional usc permit, variancc, Icttcr of cxcmption, or othcr rcvicw to implcmcnt thc Shorclinc Managcmcnt Act do not apply to thc following as dcccribcd in WAC 173 27 044 and WAC 173 27 045: 1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a rcmcdial action at a facility pursuant to a conscnt dccrcc, ordcr, or agreed ordcr issucd pursuant to RCW 70.105D, or to thc Dcpartmcnt of Ecology whcn it conducts a rcmcdial action undcr RCW 70.105D. 2. Boatyard improvcmcnts to mcct NPDES permit rcquircmcnts. Pursuant to RCW 90.58.355, any person installing cite improvcmcnts for storm watcr troatmcnt in an cxicting boatyard facility to mcct rcquircmcnts of a national pollutant discharge elimination systcm storm watcr general permit. 3. WSDOT facility maintenance and safcty improvcmcnts. Pursuant to RCW 90.58.356, Washington Statc Dcpartmcnt of Transportation projccts and activitics mccting thc conditions of RCW 90.58.356 arc not rcquircd to obtain a substantial dcvclopmcnt permit, conditional usc permit, variancc, Icttcr of cxcmption, or othcr local rcvicw. 1. Projccts concictcnt with an environmental excellence program agreement pursuant to RCW 90.58.045. 5. Projccts authorized through thc Encrgy Facility Sitc Evaluation Council process, pursuant to RCW 80.50. Office of the City Clerk I City of Tukwila Page 182 of 356 Return to Title 1. Pcrmit Application Proccdurcs. Applicants for a Shorclinc Substantial Dcvclopmcnt Pcrmit shall comply with permit application proccdurcs in TMC 18.104. 2. Excmptions. a. To qualify for an cxcmption, thc proposcd usc, activity or dcvclopmcnt must mcct thc rcquircmcnts for an cxcmption as dcscribcd in WAC 173 27 040, cxccpt for propertics that mcct thc rcquircmcnts of thc Shorclinc Rcstoration Scction, TMC 18.44.100. Thc purposc of a shorclinc cxcmption is to providc a proccss for uscs and activitics which do not triggcr thc nccd for a Substantial Dcvclopmcnt Pcrmit, but rcquirc compliancc with all provisions of thc City's SMP and ovcrlay district. b. Thc Dircctor may imposc conditions to thc approval of cxcmptcd dcvclopmcnts and/or uscs as ncccssary to ascurc compliancc of thc projcct with thc SMA and thc Tukwila SMP, per WAC 173 27 040(c). For cxamplc, in thc cacc of dcvclopmcnt subjcct to a building permit but cxcmpt from thc shorclinc permit proccss, thc Building Official or othcr permit authorizing official, through consultation with thc Dircctor, may attach shorclinc managcmcnt tcrms and conditions to building Pcrmits and othcr permit approvals pursuant to RCW 90.58.140. 3. A substantial dcvclopmcnt permit shall bc grantcd only whcn thc dcvclopmcnt proposcd is consistcnt with: a. Thc policics and proccdurcs of thc Shorclinc Managcmcnt Act; b. Thc provisions of WAC 173 27; and c. This Shorclinc Mactcr Program. E. Shorclinc Conditional Uzc Pcrmit. flcxibility in thc application of usc rcgulations of this chaptcr in a manncr consistcnt with thc policics of RCW 90.58.020. In authorizing a conditional usc, cpccial conditions may bc attachcd to thc permit by thc City or thc Dcpartmcnt of Ecology to prcvcnt undcsirablc cffccts of thc proposcd usc and/or assurc consistcncy of thc projcct with thc SMA and thc City's SMP. Uccs which arc cpccifically prohibitcd by thc Shorclinc Mactcr Program shall not bc authorizcd with approval of a CUP. 2. Application. Shorclinc Conditional Usc Pcrmits arc a Typc 3 Pcrmit proccsscd undcr TMC 18.104. 3. Application rcquircmcnts. Applicants must mcct all rcquircmcnts for permit application and approvals indicatcd in TMC 18.104 and this chaptcr. 4. Approval Critcria. a. Uccs clasrcificd as shorclinc conditional uccs may bc authorizcd, providcd that thc applicant can dcmonstratc all of thc following: (1) Thc proposcd usc will bc consistcnt with thc policics of RCW 90.58.020 and thc policics of thc Tukwila Shorclinc Mactcr Program; t intcrfcrc with thc normal --public usc of public shorclincs; (3) Thc proposcd usc of thc sitc and dcsign of thc projcct will bc compatiblc with othcr permittcd uscs within thc arco and with uccs planncd for thc arco undcr thc Comprchcncivc Plan and this chaptcr; bc locatcd; and (5) Thc public intcrcst suffcrs no substantial dctrimcntal cffcct. b. In thc granting of all Conditional Usc Pcrmits, considcration shall bc givcn to thc cumulativc impact of additional rcquccts for likc actions in thc arco. For cxamplc, if Conditional Usc Pcrmits wcrc grantcd to othcr dcvclopmcnts In thc arco whcrc similar circumstanccs cxist, thc total of thc conditional uscs shall also rcmain consistcnt with thc policics of Office of the City Clerk I City of Tukwila Page 183 of 356 Return to Title F. Shorclinc Variancc Pcrmits. 1. Purpose. Thc purpose of a Shorclinc Variancc Pcrmit is strictly limited to grantin dimcnsional, or performancc sta to thc physical character or configuration of property such that thc strict implementation of this chaptcr will impose unncccssary hardships on thc applicant or thwart thc Shorclinc Managcmcnt Act policics as stated in RCW 90.58.020. it-wsonablc usc rcqucsts that arc locatcd in thc shoreline must bc processed as a variancc, until such timc as thc Shorclinc Managcmcnt Act is amended to establish a proccss for rc�sonabIc uscs. Varianccs from thc usc regulations of this chaptcr arc prohibitcd. 2. Application rcquircmcnts. Applicants must mcct all rcquircmcnts for a Typc 3 permit application and approval) indicatcd in TMC 18.104. 3. Shorclinc Variancc Pcrmits should bc granted in circumctanccs whcrc denial of a permit would rccult in inconsistencies with thc policics of thc Shorclinc Managcmcnt Act (RCW 90.58.020). In all instances, thc applicant must dcmonctratc that extraordinary circumctanccs cxict and thc public intcrcct will cuffcr no substantial dctrimcntal cffcct. /I. Shorclinc Variancc Pcrmits Landward of OHWM and Landward of Wctlands. A Shorclinc Variancc Pcrmit for a usc, activity or dcvclopmcnt that will bc locatcd landward of thc ordinary high watcr mark and/or landward of any wetland may bc authorizcd providcd thc applicant can dcmonctratc all of thc following: a. Thc strict application of thc bulk, dimcnsional, or performancc standards sct forth in this chaptcr preclude or significantly intcrfcrc with a reaconablc ucc of thc property not othcrwicc prohibitcd by this chaptcr. b. Thc hardship for which thc applicant is cccking thc variancc is cpccifically related to thc property and is the result of uniquc conditions such as irregular lot shape, sizc, or natural fcitures and thc application of this chaptcr, and not from thc owner's own actions or dccd rcctrictions; and that thc variancc is ncccscary bccaucc of thccc conditions in ordcr to provide thc owncr with ucc rights and privilcgcs permittcd to othcr propertics in thc vicinity and zonc in which thc property io cituatcd. c. Thc dccign of thc project will bc compatible with othcr authorizcd uccs within thc arcs and with uccs planned for thc arcs undcr thc Comprehensive Plan and SMP and will not cause adverse impacts to adjacent propertics or the chorclinc cnvironmcnt. d. Thc variancc will not conctitutc a grant of cpccial privilcgc not cnjoycd by othcr propertics in thc arco. c. Thc variancc is thc minimum necessary to afford rclicf. f. Thc public intcrcct will cuffcr no substantial dctrimcntal cffcct. g. In thc granting of all variancc permits, concidcration shall bc given to thc cumulative impact of additional rcqucsts for like actions in thc arcs such that thc total of thc variances would remain consistcnt with RCW 90.58.020 and not caucc substantial advcrcc cffccts to thc chorclinc cnvironmcnt. 6 chordinc Vari flee Pcrmitz WeteN and of nHWM or ►e ithin Critical rcaz a. Shorclinc Variancc Pcrmits for dcvclopmcnt and/or uscs that will bc locatcd cithcr watcrward of thc ordinary high watcr mark or within any critical arco may bc authorizcd only if thc applicant can dcmonctratc all of thc following: (1) Thc strict application of thc bulk, dimcnsional or performancc standards sct forth in this Mastcr Program preclude all roaconablc permittcd ucc of thc property; M\ The n nnl in istcn+.. TMC 18 4 11O C A 00Annrn..nl Critcrin• ith thc criteria cstablishcd under ., aRfi (3) Thc public rights of navigation and ucc of thc chorclincs will not bc advcrccly affected by thc granting of thc variancc. Office of the City Clerk I City of Tukwila Page 184 of 356 Return to Title 1. Non Conforming Uscs. Any non conforming lawful usc of land that would not bc allowcd undcr thc tcrms of this chaptcr may bc continucd as an allowcd, Icgal, non conforming usc, defined in TMC 18.06 or as hereafter amended, so bong as that usc rcmains lawful, subjcct to thc following: a. No such non conforming usc shall bc cnlargcd, intcnsificd, incrc�scd, movcd or cxtcndcd to occupy a grc€atcr usc of thc land, structurc or combination of thc two, than was occupicd at thc cffcctivc datc of adoption of this chaptcr cxccpt as authorizcd in TMC 18.66.120 or upon approval of a conditional usc permit. b. If any such non conforming usc ceases for any reason for a period of morc than 24 consecutive months, thc non conforming rights shall cxpirc and any subscqucnt usc shall conform to thc regulations spccificd in this chaptcr for thc shorclinc cnvironmcnt in which such usc is Iocatcd, unlcss rc establishment of thc usc is authorizcd through a Shoreline Conditional Ucc Pcrmit, which must bc applied for within thc two year period whcn thc non conforming usc ceases to exist. Watcr dcpcndcnt uscs should not bc considered discontinucd whcn thcy arc inactive duc to dormancy, or whcrc thc usc is typically coaconal. Upon rcqucct of thc owner, prior to thc cnd of thc 24 concccutivc months and upon roaconablc cause shown, thc City may grant an cxtcncion of timc bcyond thc 24 concccutivc months using thc criteria cct forth in TMC 18.44.110.C.4. c. If a changc of usc is proposcd to a usc determined to bc non conforming by application of provisions in this chaptcr, thc proposcd new usc must bc a permittcd usc in this chaptcr or a usc approved undcr a Typc 2 permit.. For purposes of implcmcnting this scction, a changc of usc constitutes a changc from one permittcd or conditional usc catcgory to another such usc catcgory as Iictcd within thc Shoreline Ucc Matrix. d. A structurc that is bcing or has bccn uscd for a non conforming usc may bc uscd for a diffcrcnt non conforming usc only upon thc approval of a Typc 2 permit. Bcforc approving a changc in non conforming usc, thc following findings must bc made: (1) No rc�sonablc alternative conforming usc is practical. (2) Thc proposcd usc will bc at Icaact as consistent with thc policies and provisions of thc SMP and as compatible with thc uscs in thc arch as thc non conforming usc. (3) Thc usc or activity is cnlargcd, intcnsificd, incrc�scd or altcrcd only to thc minimum amount necessary to achieve thc intended functional purpocc. (1) Thc structurc(s) associated with thc non conforming usc shall not bc expanded in a manner that incrcaccs thc cxtcnt of thc non conformity. (5) Thc changc in usc will not crc€atc adverse impacts to shorclinc ecological functions and/or proccsscs. (6) Thc applicant restores and/or cnhanccs thc cntirc shorclinc buffcr, including but not limited to, pavcd aroas no Iongcr in usc on thc property, to offcct thc impact of thc changc of usc per thc vegetation management standards of this chaptcr. This may includc thc restoration of pavcd areas to vegetated area if no Iongcr in usc. (7) Thc prcfcrcncc is to rcducc cxtcrior uscs in thc buffcr to thc maximum cxtcnt possible. 2. Non Conforming Structures. Whcrc a lawful ctructurc cxicts on thc cffcctivc datc of adoption of this chaptcr that could not bc built undcr thc tcrms of this chaptcr by reason of restrictions on hcight, buffcrs or othcr characteristics of the structure, it may bc continucd as an allowcd, Icgal ctructurc co long as thc ctructurc rcmains othcrwicc lawful subjcct to the following provisions: a. Such structures may bc repaired, maintained, upgraded and altcrcd providcd that: (1) Thc ctructurc may not bc cnlargcd or altcrcd in such a way that incroaccs its dcgrcc of nonconformity or increases its impacts to thc functions and values of thc shorclinc cnvironmcnt cxccpt as authorizcd in TMC 18.66.120; and (2) If thc structurc is Iocatcd on a property that has no rc�sonablc development potential outsidc the +"c cost of alterations, providcd thc applicant restores and/or cnhanccs thc shoreline buffcr from above thc Ordinary High Watcr Mark to at Iclast 12 feet landward of thc top of thc slopc along thc cntirc length of Office of the City Clerk I City of Tukwila Page 185 of 356 Return to Title thc subject property to mcct thc vcgctation managcmcnt standards of this chaptcr (TMC 18.44.060). If thc structurc is located on a property that has reasonable development potential outsidc thc shorclinc buffcr, thc cost of thc alterations may not cxcccd an aggregate cost of 50% of thc value of thc building or structurc in any 3 year period bascd upon its most rcccnt assessment, unlcss thc amount ovcr 50% is uscd to make thc building or structurc morc conforming, or is uscd to rcstorc to a safc condition any portion of a building or structurc declared unsafe by a proper authority. (3) Maintenance or repair of an cxisting private bridgc is allowcd without a conditional usc permit whcn it docs not involvc thc usc of hazardous substanccs, sealants or othcr liquid oily substanccs. b. Should such structurc bc destroyed by any accidental mcns, thc structurc may bc reconstructed to its original dimcnsions and location on thc lot providcd application is madc for permits within two years of thc date thc damage occurrcd and all rcconstruction is complctcd within two years of permit issuance. In thc event thc property is redeveloped, cuch redevelopment must bc in conformity with thc provisions of this chaptcr. c. Should such structurc bc movcd for any reason or any distancc, it must bc brought as closcly as practicable into conformancc with thc applicable mactcr program and thc act. d. Whcn a non conforming ctructurc, or ctructurc and prcmiscs in combination, is vacated or abandoned for 24 consccutivc months, thc structurc, or structurc and prcmiscs in combination, shall thereafter bc required to bc in conformancc with thc regulations of this chaptcr. Upon rcqucst of thc owncr, prior to thc cnd of thc 24 consccutivc months and upon reasonable cause shown an cxtcnsion of timc bcyond thc 24 consccutivc months may bc granted using thc criteria in TMC 18.44.110.G.4. c. Rcsidcntial structures locatcd in any Shorclinc Rcsidcntial Environmcnt and in cxictcncc at thc timc of adoption of this chaptcr shall not bc deemed nonconforming in tcrms of hcight, residential usc, or location provisions of this titic. Such buildings may bc rebuilt after a firc or othcr natural disactcr to thcir original dimcnsions, location and hcight, but may not bc changed cxccpt as providcd in thc non conforming uscs scction of this chaptcr. f. Singlc family structures in thc Shorclinc Rcsidcntial Environmcnt that have legally non conforming setbacks from thc OHWM per thc shorclinc buffcr shall bc allowcd to expand thc ground floor only along thc cxisting building Iinc(s) as long as thc cxisting distancc from thc nearest point of thc structurc to thc OHWM is not rcduccd and thc squarc footage of new intrusion into thc buffcr docs not cxcccd 50% of thc squarc footage of thc current intrusion. As a condition of building permit approval, a landscape plan showing removal of invasive plant species within thc entire shorclinc buffcr and replanting with appropriate native spccics must bc submitted to thc City. Plantings should bc maintained through thc establishment period. 3. For thc purpoccs of this scction, altered or partially rcconctructcd is dcfincd as work that docs not cxcccd 50% of thc assessed valuation of thc building ovcr a thrcc year period. '1. Requests for Timc Extension Non conforming Uccs and Structures. a. A property owncr may rcqucst, prior to thc cnd of thc two year period, an cxtcnsion of timc bcyond thc two yoar period. Such a rcqucst shall bc concidcrcd as a Typc 2 permit under TMC 18.104 and may bc approved only when: (1) For a non conforming usc, a finding is madc that no roaconablc alternative conforming usc is practical; (2) For a non conforming structurc, special cconomic circumstances prevent thc Ic sc or sale of said ctructurc within 24 months; and (3) Thc applicant rcctores and/or enhances thc shorclinc buffcr on thc property to offcct thc impact of the continuation of thc non conforming usc. For non conforming uscs, thc amount of buffcr to bc rcstorcd and/or cnhanccd wilt bc determined bascd on thc percentage of thc existing building used by thc non conforming usc for which a timc extension is bcing rcqucstcd. Dcpcnding on thc size of thc area to bc rcstorcd and/or cnhanccd, thc Director may rcquirc targeted plantings rather than a liner planting arrangement. Thc vcgctation managcmcnt standards of TMC 18.44.060 shall bc uscd 15% of thc available buffcr must bc rcstorcd/cnhanccd. Office of the City Clerk I City of Tukwila Page 186 of 356 Return to Title b. Conditions may bc attachcd to thc City approvcd cxtcnsion that arc dccmcd ncccssary to assurc compliancc with thc abovc findings, thc rcquircmcnts of thc Shorclinc Mastcr Program and thc Shorclinc Managcmcnt Act and to assurc that thc usc will not bccomc a nuisancc or a hazard. 5. Building Safcty. Nothing in this SMP shall bc dccmcd to prcvcnt thc strcngthcning or restoring to a sat condition of any non conforming building or part thcrcof dcclarcd to bc unsafc by ordcr of any City official chargcd with protccting thc public safcty. a. Altcrations or cxpansion of a non conforming structurc that arc rcquircd by law or a public agcncy in ordcr to comply with public health or safcty rcgulations arc thc only altcrations or cxpansions allowcd. b. Altcrations or cxpansions permittcd undcr this scction shall bc thc minimum ncccssary to mcct thc public cafcty conccrns. a. Parking lot rcgulations containcd in this chaptcr shall not bc construcd to rcquirc a changc in any aspcct of a structurc or facility that cxistcd on thc datc of adoption of this chaptcr covcrcd thcrcundcr including parking lot layout, loading spacc rcquircmcnts and curb cuts, cxccpt as ncccssary to mcct vcgctation protcction and landscaping standards consistcnt with TMC 18.44.110.C.7. b. If a changc of use takcs placc or an addition is proposcd that rcquircs an incrclasc in thc parking arcla by an incrcmcnt Icss than 100%, thc rcquircmcnts of this chaptcr shall bc compl. . c. If a property is rcdcvclopcd, a changc of usc takcs placc or an addition is proposcd that rcquircs an incrcsc r than 100%, thc rcquircmcnts of this parking arco. An cxisting non conforming parking lot, which is not othcrwisc subjcct to thc rcquircmcnts of this chaptcr, may bc upgradcd to improvc watcr quality or mcct local, statc, and fcdcral rcgulations providcd thc upgradc docs not result in an incrc€asc in non conformity. d. Thc arc bcncth a non conforming structurc may bc convcrtcd to a contiguous parking lot arch if thc non conforming structurc is dcmolishcd and only whcn thc contiguous parking is acccscory to a Icgally cstablishcd usc. Thc convcrtcd parking area must bc Iocatcd landward of cxisting parking arclas. 7. Non Conforming Landscapc Armes. a. Adoption of thc vcgctation protcction and landscaping rcgulations containcd in this chaptcr shall not bc construcd to rcquirc a changc in thc Iandscapc improvcmcnts for any Icgal Iandscapc arch that cxistcd on thc datc of adoption of this chaptcr, unlc:c and until thc property is rcdcvclopcd or altcration of thc cxisting structurc is madc bcyond thc thresholds providcd hcrcin. b. At such timc as thc property is rcdcvclopcd or thc cxisting structurc is altcrcd bcyond thc thresholda providcd hcrcin and thc a:cociatcd prcmiscs docs not comply with thc vcgctation protcction and landscaping rcquircmcnts of this chaptcr, a Iandscapc plan that conforms to thc rcquircmcnts of this chaptcr shall bc submittcd to thc Dircctor for approval. H. Rcvisions to Shorclinc Pcrmits. Rcvisions to prcviously i;cucd Shorclinc permits shall bc rcvicwcd undcr the SMI' in cffcct at thc timc of submittal of thc rcvision, and not thc SMP undcr which thc original shorclinc permit was approvcd and procc:ccd in accordancc with WAC 173 27 100. I. Timc Limits on Shorclinc Pcrmits. 1. Consistcnt with WAC 173 27 090, shorclinc permits arc valid for two ycrs, and thc work authorizcd undcr the chorclinc permit must bc complctcd in fivc yclars. Construction activity must bcgin within this two yclar period. If construction has not bcgun within two ycrs, a onc timc cxtcnsion of onc year may bc approvcd by thc Dircctor bascd on rcsonablc factors. Thc permit timc period docs not includc thc timc during which administrativc appeals or Icgal actions arc pcnding or duc to thc nccd to obtain any othcr govcrnmcnt permits and approvals for thc projcct. Office of the City Clerk I City of Tukwila Page 187 of 356 Return to Title 2. Upon a finding of good causc, bascd on thc rcquircmcnts and circumstanccs of a proposcd projcct, and consistcnt with thc City's Shorclinc Mastcr Program, thc City may adopt a diffcrcnt timc limit for a shorclinc substantial dcvclopmcnt permit as part of an action on a shorclinc substantial dcvclopmcnt permit. (Ord.. 274.1 §4 (pant), 2O24) 18.44.120 Appeals A. Any person aggricvcd by thc granting, dcnying, or rescinding of a Shorclinc Substantial Dcvclopmcnt Pcrmit, Shorclinc Conditional Usc Pcrmit, or Shorclinc Variancc may scck rcvicw from thc Shorclincs Hearings Board by filing a pctition for rcvicw within 21 days of thc datc of filing of thc dccision as providcd in RCW 90.58.140(6). N rd 2741 §4 (part), 2024) 48.44.130 Enforccmcnt and Pcnaltic: A. Violations. Thc following actions shall bc concidcrcd violations of this chaptcr: 1. To usc, construct or dcmolish any structurc, or to conduct clering, crth moving, construction or othcr dcvclopmcnt not authorizcd undcr a Substantial Dcvclopmcnt Pcrmit, Conditional Usc Pcrmit or Variancc Pcrmit, whcrc such permit is rcquircd by this chaptcr. 2. Any work which is not conductcd in accordancc with thc plans, conditions, or othcr rcquircmcnts in a permit approvcd pursuant to this chaptcr, providcd that thc tcrms or conditions arc ctatcd in thc permit or thc approvcd plans. 3. To rcmovc or dcfacc any sign, noticc, complaint or ordcr rcquircd by or postcd in accordancc with this chaptcr. 1. To misrcprcscnt any matcrial fact in any application, plans or othcr information submittcd to obtain any shorclinc usc or dcvclopmcnt authorization. 5. To fail to comply with thc rcquircmcnts of this chaptcr. B. Enforccmcnt. This chaptcr shall bc cnforccd cubjcct to thc tcrms and conditions of TMC 8.45. C. Inspcction Acccss. 1. For thc purposc of inspcction for compliancc with thc provisions of a permit or this chaptcr, authorizcd rcprcccntativcs of thc Dircctor may cntcr all citcs for which a permit has bccn isrcucd. 2. Upon complction of all rcquircmcnts of a permit, thc applicant shall rcqucst a final inspcction by contacting the planncr of rccord. Thc permit proccsrc is complctc upon final approval by thc planncr. D. Pcnaltics. 1. Any violation of any provision of thc SMP, or failurc to comply with any of thc rcquircmcnts of this chaptcr shall bc cubjcct to thc pcnaltics prcccribcd in TMC 8.45 and shall bc impoccd pursuant to thc proccdurcs and conditions cct forth in that chaptcr. 2. Pcnaltics asscsscd for violations of thc SMP shall bc dctcrmincd by TMC 8.45.120. 3. It shall not bc a dcfcncc to thc procccution for failurc to obtain a permit rcquircd by this chaptcr, that a contractor, subcontractor, person with responsibility on thc sitc, or person authorizing or dirccting thc work, crroncously bclicvcd a permit had bccn isrcucd to thc property owncr or any othcr person. 1. Pcnaltics for Trcc Rcmoval: a. Each unlawfully rcmovcd or damagcd trcc shall constitutc a scparatc violation. b. Thc amount of thc pcnalty shall bc $1,000 per trcc or up to thc markctablc valuc of oach trcc rcmovcd or damagcd as dctcrmincd by an ISA ccrtificd arborict. Thc Dircctor may cicct not to scck pcnaltics or may rcducc thc pcnaltics if he/shc dctcrmincs thc circumstanccs do not warrant imposition of any or all of thc civil pcnaltics. Office of the City Clerk 1 City of Tukwila Page 188 of 356 Return to Title c. Any illegal rcmoval of rcquircd trccs shall bc subjcct to obtaining a trcc permit and rcplaccmcnt with trees that mcct or cxcccd thc functional value of thc rcmovcd trccs. In addition, any shrubs and groundcovcr rcmovcd without City approval shall bc replaced. d. To replace thc trcc canopy lost duc to thc trcc rcmoval, additional trccs must bc planted on sitc. Paymcnt may bc made into thc City's Trcc Fund if thc numbcr of rcplaccmcnt trccs cannot bc accommodated on sitc. Thc numbcr of rcplaccmcnt trccs rcquircd will bc based on thc size of thc trcc(s) rcmovcd as stated in TMC 18.4479E4;7B-4. E. Rcmcdial Mcsures Rcquircd. In addition to penalties providcd in TMC 8.45, thc Dircctor may rcquirc any person} conducting work in violation of this chaptcr to mitigate thc impacts of unauthorized work by carrying out rcmcdial measures. 1. Rcmcdial mc€sures must conform to thc policies and guidclincs of this chaptcr and thc Shoreline Managcmcnt Ae 2. Thc cost of any rcmcdial moacures necessary to correct violation(s) of this chaptcr shall bc bornc by thc property owncr and/or applicant. F. Injunctive Rclicf. 1. Whenever thc City has roaconablc sauce to bclicvc that any person is violating or throatcning to violate this chaptcr or any rulc or othcr provisions adopted or issucd pursuant to this chaptcr, it may, cithcr bcforc or after thc institution of any othcr action or procccding authorized by this ordinance, institute a civil action in thc name of thc City for injunctive rclicf to restrain thc violation or thrc€atcncd violation. Such action shall bc brought in King County Superior Court. 2. Thc institution of an action for injunctivc rclicf undcr this scction shall not rclicvc any party to such proceedings from any civil or criminal penalty prescribed for violations of thc Mactcr Program. C. Abatement. Any use, structurc, development or work that occurs in violation of this chaptcr, or in violation of any lawful ordcr or rcquircmcnt of thc Dircctor pursuant to this section, shall bc deemed to bc a public nuisance and may be abated in thc manner providcd by thc TMC 8.45.100. N',Ord. 2741 4 (part), 20241 18.44.40 Liability A No provision of or tcrm uscd in this chaptcr is intcndcd to imposc any duty upon thc City or any of its officcrs or cmployccs that would subjcct thcm to damages in a civil action. (Ord. 2711 §4 (pant), 20211 Office of the City Clerk 1 City of Tukwila Page 189 of 356 Return to Title CHAPTER 18.45 ENVIRONMENTALLY CRITICAL AREAS Ccctions: 18.45.010 Purpose 18.46 020 Best Available Scicncc 18.45.030 Critical Arc Applicability, Maps and Inventories 18.467940 Critical Aroas Spccial Studics 18.45.050 Critical Arcs Dcsignation Pcrmit 18.45.070 Critical Arcs Permitted Activities 18.45.075 Mitigation Scqucncing 18.45.080 Wctlands Dcsignations, Ratings and Buffcrs 18.45.000 Wctlands Uccs, Altcrations and Mitigation 18.45.100 Watercourse Dccignations, Ratings and Buffcrc 18.467140 Watcrcoursc Altcrations and Mitigation 18.45.120 Aroas of Potcntial Ccologic Instability Dccignations, Ratings and Buffcrs 18.45.130 Arcs of Potcntial Ccologic Instability Uscs, Excmptions, Altcrations and Mitigation 18.45.140 Coal Minc Hazard Arcs 18.45.150 Fish and Wildlifc Habitat Conservation Aroas Dcsignation, Mapping, Uccs and 18.45.155 Standards Spccial Hazard Flood Arcs 18.4 Vegetation Protcction and Managcmcnt 18.45.160 Critical Arco Mactcr Plan Ovcrlay 18.45.170 Critical Arcs Tracts and Easements 18.45.180 Exceptions 18.45.190 Timc Limitation, Appcls and Vcsting 18.45.195 Violations 18.45.197 Enforcement 18.45.200 Recording Required 18.451-0 Assurance Dcvicc 18.45.220 Asrccsrcmcnt Rclicf °T8 Purpose A. The purpose of TMC 18.45 is to protcct thc environment, human life and property; to designate and classify ecologically critical arcs including but not limited to regulated wctlands and watercourses and geologically hazardous arcs and to protcct these critical aroas and thcir functions whilc also allowing for roaconablc ucc of public and privatc property. Thcsc regulations arc prepared to comply with thc Crowth Managcmcnt Act, RCW 36.70A, to apply bcst available science according to WAC 365 195 900 through 925 and to protcct critical aroas as dcfincd by WAC 365 190 080. B. Standards arc hcrcby established to mcct thc following goals of protccting cnvironmcntally critical aroas: 1. Minimizc developmental impacts on thc natural functions of thcsc arcs. 2. Protcct quantity and quality of water rccourccs. 3. Minimizc turbidity and pollution of wctlands and fish boring waters and maintain wildlifc habitat. 1. Prevent crosion and thc loss of slopc and soil stability caused by thc removal of trccs, shrubs, and root systems of vegetative covcr. 5. Protcct thc public against avoidable losses, public cmcrgcncy rcscuc and rclicf operations cost, and subsidy cost of public mitigation from landslide, subsidence, erosion and flooding. 6. Protcct thc community's aesthetic rccourccs and distinctive features of natural lands and woodcd hillsides. 7. Balance thc privatc rights of individual property owncrs with thc preservation of cnvironmcntally critical arcs. Office of the City Clerk I City of Tukwila Page 190 of 356 Return to Title 8. Prevent the loss of wctland and watcrcoursc function and acrcgc, and strivc for a gain ovcr prcscnt conditions. 0. Civc spccial considcration to conscrvation or protcction mcsures necessary to protcct or cnhancc anadromous fishcrics. 10. Incorporate thc usc of bcst availablc scicncc in thc regulation and protcction of critical arcs as rcquircd by the Statc Crowth Managcmcnt Act, according to WAC 365 195 900 through 365 195 925 and WAC 365 190 080. (Ord„ 2741 §4 (l art), 20241 13 A Qe t nvaiIab a ccicnee A. Policies, rcgulations and dccisions conccrning critical arcs shall rcly on bcst availablc scicncc to protcct the functions of these arcs and must givc spccial considcration to conscrvation or protcction measures necessary to preserve or cnhancc anadromous fish and thcir habitats. B. Nonscientific information may supplcmcnt scicntific information but is not an adequate substitution for valid and availablc scicntific information. C. Incomplete or unavailable scicntific information Icding to uncertainty for permitting critical arc impacts may require application of cffcctivc adaptive managcmcnt on a casc by casc basis. Adaptive managcmcnt rclics on scicntific mcthods to evaluate how well regulatory or non regulatory actions protcct critical arcs or replace thcir functions. N rd 2741 §4 (part), 20241 TQ 45.030 1 1 A. Applicability: Thc provisions of TMC 18.45 shall apply to all land uses and all dcvclopmcnt activities in a critical arc or a critical arc buffcr as dcfincd in thc "Dcfinitions" chaptcr of this titic. Thc provisions of TMC 18.45 apply whcthcr or not a permit or authorization is rcquircd within thc City of Tukwila. No person, company, agency, or applicant shall altcr a critical arc or buffcr cxccpt as consistcnt with thc purposes and rcquircmcnts of TMC 18.45. Thc following arc critical arcs regulated by TMC 18.45: 1. Coal Minc Hazard Areas; 2. Arcs of potcntial gcologic instability: Class 2, 3, 4 arcs (as dcfincd in thc Dcfinitions chaptcr of this title and TMC 18.45.120.A); 3. Wetlands; 1. Watercourses; 5. Fish and Wildlifc Habitat Conscrvation Arcs; and 6. Special Hazard Flood Arcs (scc TMC 16.52 for additional rcgulations). B. Arcs of scismic instability arc idcntificd as critical arcs by thc Crowth Managcmcnt Act and arc dcfincd and fcgulatcd through thc Washington Statc Building Codc. C. In thc event of a conflict bctwccn this TMC 18.45 and any othcr laws, rcgulations, ordinances or rcstrictivc covenants, thc provision that imposcs grctcr restrictions or highcr standards upon thc dcvclopmcnt or usc of land shall l. 1. Thc distribution of many critical arcs and potcntial critical arcs in Tukwila is displayed on thc Critical Arcs Maps, on filc with thc Department. Thcsc maps arc bascd on sitc assessment of currcnt conditions and rcvicw of thc bcst availablc scicntific data and arc hcrcby adopted by rcfcrcncc. Not all critical arcs arc shown on thc map. Thus it is the fcsponsibility of property owncrs and applicants to vcrify actual prcscncc or absence of a critical arc or critical arc buffcr bascd on thc definitions in this codc. Applicant is also rcsponsiblc for dclinction and categorization of potcntial wctland bascd on mcthodology rcquircd undcr TMC 18.45.080 and vcrifying that watcrcoursc typing and location is consistcnt with TMC 18.45.100. Office of the City Clerk I City of Tukwila Page 191 of 356 Return to Title 2. Studics, prcliminary invcntorics and ratings of potcntial critical arcs arc on filc with thc Dcpartmcnt of Community Dcvclopmcnt. 3. As ncw cnvironmcntal information rclatcd to critical arcs bccomcs availablc, thc Dircctor is hcrcby dcsignatcd to periodically add, rcmovc, or altcr ncw information to thc Critical Arcs Maps. Rcmoval of any information from thc Critical Arcs Maps is a Typc 1 dccision as dcscribcd in TMC Chaptcr 18.108. (Ord.. 2741 4 (pant), 20241 e A. Critical Aroma Studics Rcquircd: An applicant for a dcvclopmcnt proposal within a parccl that may includc a critical arc and/or its buffcr shall submit thosc studics as rcquircd by thc City and spccificd within this scction to adcquatcly idcntify and cvaluatc thc critical arc and its buffcrs. 1. Thc applicant shall cithcr: a. Fund a critical arc study prcparcd by thc City's consultant, if availablc, which will not bc subjcct to pccr ; b. Submit a critical arc study prcparcd by a qualificd profcssional as dcfincd hcrcin, which may bc subjcct to an applicant fundcd pccr rcvicw by thc City or thc City's consultant, if thc City dccms it ncccssary. 2. If option 1(b) is choccn, thc rcquircd critical arc study shall bc prcparcd by a percon with cxpericncc and training in thc scicntific disciplinc appropriatc for thc rcicvant critical arc as outlincd within this scction and in accordancc with WAC 365 195 905(4). A qualificd profcssional must havc obtaincd a B.S. or B.A. or cquivalcnt dcgrcc in ccology or rclatcd ccicncc, cnvironmcntal studics, fichcrics, gcotcchnical or rclatcd ficld, and two yoars of rclatcd work cxpericncc. Additional qualifications may bc rcquircd dcpcnding on thc typc of critical arc study rcquircd: a. A qualificd profcssional for Fish and Wildlifc Habitat Conccrvation Arcs must havc a dcgrcc in ccology or rclatcd scicnccs and profcssional cxpericncc rclatcd to thc subjcct spccics. b. A qualificd profcssional for wctland critical arc studics must bc a ccrtificd Profcssional Wctland Scicntist or a Wctland Scicntist with at last two yews of full timc work cxpericncc as a wctlands profcssional, including dclincting wctlands using thc approvcd fcdcral manual and applicablc rcgional supplcmcnts, prcparing wctland rcports, conducting functional ascscmcnts, and dcvcloping and implcmcnting mitigation plans. c. A qualificd profcssional for a gcological hazard study must bc a profcssional gcotcchnical cnginccr as dcfincd in thc Dcfinitions chaptcr of this titic, liccnscd in thc statc of Washington. d. A qualificd profcssional for watcrcourccs and frcqucntly floodcd arcs mans a hydrologist, fichcrics biologist, cnginccr or othcr scicntist with cxpericncc in prcparing watcrcoursc asscssmcnts. 3. Thc critical area study shall use scicntifically valid mcthods and studics in thc analysis of critical arc data and shall ucc ficld rcconnaiscncc and rcfcrcncc thc courcc of ccicncc uccd. Thc critical arc study shall cvaluatc thc proposal and all probablc impacts to critical arcs. B. Standards for Wctland and Watcrcoursc Critical Aroma Studics: Wctland and watcrcoursc spccial studics arc valid for fivc yoars following thc datc of thc study, unlcsc othcrwicc dctcrmincd by thc Dircctor. Thc critical arc study shall contain thc following information, as applicablc: 1. Thc namc and contact information of thc applicant, a dcscription of thc proposal, and idcntification of thc permit rcquctcd; 2. A copy of thc sitc plan for thc dcvclopmcnt proposal showing: critical arcs and buffcrs and thc dcvclopmcnt proposal with dimcnsions, cicring limits, proposcd storm watcr managcmcnt plan, and mitigation plan for impacts duc to drainagc altcrations; 3. Thc datcs, namcs and qualifications of thc percons prcparing thc study and documcntation of any ficldwork performcd on thc sitc; Office of the City Clerk 1 City of Tukwila Page 192 of 356 Return to Title 1. Idcntification and charactcrization of all critical arms, watcr bodics, and buffcrs on or adjaccnt to thc proposal projcct arm or potcntially impactcd by thc proposcd projcct as dcscribcd in thc following scctions: a. Charactcrization of wctlands must includc: (1) A wctland dclinmtion rcport that includcs mcthods uscd, ficld indicators cvaluatcd and thc results. Wctland dclinmtion must bc performcd in accordancc with approvcd fcdcral wctland dclinmtion manual and currcnt applicablc rcgional supplcmcnts. Ficld data forms arc to bc includcd in thc rcport. Data collcction points arc to bc shown on thc sitc plan with thcir corresponding numbcrs indicatcd. Aftcr thc City of Tukwila confirms thc boundarics, thcy arc to be profcssionally survcycd to thc nmrest squarc foot and thc sitc plan modificd as ncccssary to incorporatc thc survcy data. Exact wctland acrmgc will bc calculatcd aftcr thc boundarics havc bccn survcycd. Applicant must submit cicctronic survcy data in Autocad, GIS or similar format at thc timc of as built submittal. (2) Cowardin (Classification of Wctlands and Dccpwatcr Habitats of thc U.S. U.S. Dcpartmcnt of Intcrior) classification of thc wctland(s). (3) Hydrogcomorphic classification of thc wctland(s). {1) Hydroperiod. (5) Bricf landscapc asscssmcnt of thc wctland (idcntify hydrologic basin/sub basin; inlcts, outicts; surrounding land uoc; habitat quality and conncctivity; ultimatc point of diochargc; prcccncc of culvcrts or othcr constraints to flow; rclationship to othcr wctlands/watcrcourscs adjaccnt to or potcntially impactcd by thc proposcd projcct). (6) Dcscription of buffcr sizc per this chaptcr, conditions (topographic considcrations, cxisting vcgctation typcs and dcncity, habitat fmtures, watcrcourcc cdgcs, prcccncc of invacivc cpccics, ctc.) and functions. (7) For proposcd wctland filling or proposcd projccts that will impact buffcrs, thc most currcnt Washington Wctland Classification Syotcm shall bc uscd as a functional asscssmcnt. b. Charactcrization of thc watcrcourscs on sits, adjaccnt to or potcntially impactcd by thc proposcd projcct must includc: (1) Dcscription of: flow rcgimc, physical charactcriotics of otrmmbcd, banks, dimcnoions and bank fulR width, strum gradicnt, strum and buffcr vcgctation conditions, habitat conditions, and cxisting modifications. (2) Bricf landscapc asscssmcnt of thc watcrcoursc (idcntify hydrologic basin/sub basin, and contributing basin arm acroagc, outicts, surrounding land ucc, habitat quality and conncctivity, ultimatc point of dicchargc, prcccncc of culvcrts or othcr constraints to flow, prcscncc of man madc or natural barricrs to fish passagc, rclationship to wctlands or othcr watcrcourscs adjaccnt to or potcntially impactcd by thc proposcd projcct, flow rcgimc). (3) Classification of thc watcrcoursc undcr Tukwila's rating systcm. (1) Dcscription of buffcr sizc per this chaptcr, conditions (topographic considcrations, cxisting vcgctation typcs and dcncity, habitat fmtures, watcrcourcc cdgcs, prcccncc of invacivc cpccics, ctc.) and functions. (5) Dcscription of habitat conditions, wildlifc/fish use of thc watcrcoursc, including scnsitivc, thrmtcncd or cndangcrcd cpccics. c. Citation of any litcraturc or othcr rcoourccs utilizcd in prcparation of thc rcport. 5. A statcmcnt spccifying thc accuracy of thc study and assumptions uscd in thc study. 6. Dctcrmination of thc dcgrcc of hazard and risk from thc proposal both on thc sits and on adjaccnt propertics. 7. An asscssmcnt of thc probablc cumulativc impacts to critical arms, thcir buffcrs and othcr propertics moulting from thc proposal. 8. A dcocription of roaoonablc cfforts madc to apply mitigation ocqucncing to avoid, minimizc and mitigatc impacts to critical arms. 9. Plans for adcquatc mitigation to offoct any impacts. Office of the City Clerk I City of Tukwila Page 193 of 356 Return to Title 10. Recommendations for maintenance, short tcrm and long tcrm monitoring, contingcncy plans and bonding 11. Any technical information rcquircd by thc Dircctor to assist in dctcrmining compliance with this chapter. C. Standards for Ccotcchnical Rcports: 1. A gcotcchnical rcport appropriatc both to thc sitc conditions and thc proposcd dcvclopmcnt shall bc rcquircd for dcvclopmcnt in Class 2, Class 3, Class 4 arcs, and any arcs idcntificd as Coal Minc Hazard Arcs. 2. Ccotcchnical rcports for Class 2 arcs shall includc at a minimum a sitc cvaluation rcvicw of available information regarding thc sitc and a surface reconnaissance of thc sitc and adjaccnt arcs potcntially impactcd by the proposcd projcct. Subsurfacc cxploration of sitc conditions is at thc discrction of thc gcotcchnical consultant. 3. Ccotcchnical rcports for Class 3, Class 4 and Coal Minc Hazard Arcs shall includc a sitc cvaluation rcvicw of available information about thc cite, a curfacc rcconnaiscancc of thc cite and adjaccnt aroas potcntially impactcd by the proposcd projcct, a fcsibility analysis for thc use of infiltration on sitc and a subsurface cxploration of soils and hydrology conditions. Dctailcd elope stability analysis shall bc donc if thc gcotcchnical cnginccr rccommcnds it in Claso 3 or Coal Minc Hazard Arcs, and must bc donc in Class 4 arcs. 4. Applicants shall retain a gcotcchnical cnginccr to prepare thc rcports and cvaluations rcquircd in this cubscction. Thc gcotcchnical rcport and complctcd site cvaluation checklist shall bc prcparcd in accordance with the generally acccptcd gcotcchnical practices, undcr thc supervision of and signcd and stamped by thc gcotcchnical cnginccr. Thc rcport shall bc prcparcd in consultation with thc Community Development and Public Works Dcpartmcnts. 5. Thc opinions and recommendations contained in thc rcport shall bc supported by ficld observations and, where appropriatc or applicable, by literature rcvicw conductcd by thc gcotcchnical cnginccr, which shall includc appropriatc explorations, such as borings or test pits, and an analysis of soil characteristics conductcd by or undcr thc supervision of the cvaluation involvcs gcologic cvaluations or interpretations, thc rcport shall bc reviewed and approved by a gcotcchnical cnginccr. 1. Thc Dircctor may limit thc rcquircd geographic arc of thc critical arc study as appropriatc if thc applicant, with assistance from thc City, cannot obtain permiscion to access propertics adjaccnt to thc projcct arc. 2. Thc Dircctor may allow modifications to thc rcquircd contcnts of thc study whcrc, in thc judgment of a qualified professional, morc or Icsc information is rcquircd to adequately address thc potcntial critical arc impacts and rcquircd mitigation. E. Rcvicw of Studics: Thc Dcpartmcnt shall rcvicw and vcrify thc information submittcd in thc critical arc study to confirm thc nature and typc of thc critical arc. Thc Public Works Dcpartmcnt shall ccck a pccr rcvicw of thc gcotcchnical report on Class 3 and 4 slopcs; and pccr rcvicw on Class 2 slopcs may bc rcquircd at thc discrction of thc Public Works Dircctor. Pccr rcvicw of thc gcotcchnical rcports shall bc at thc cxpcnsc of thc applicants. For all othcr critical arcs and at thc discrction of thc Dircctor, critical arc studies may undcrgo pccr rcvicw, at thc cxpcnsc of thc applicant. Nard 2165 ?3, 2025, Ord 2141 4 (pant), 20241 48:4 450 Critical Arca Permitted Activitic: A. A Critical Arc Designation Pcrmit establishes whcthcr critical aroas or buffcrs arc present on or noar thc property and includcs a critical arc study if nccdcd. 1. A Critical Arc Designation Pcrmit is rcquircd for any property that contains, or is located within 150 feet of, a confirmcd or potcntial critical arc bcforc any othcr dcvclopmcnt permit can bc acccptcd or issucd. 2. A Critical Arc Designation Pcrmit may bc applied for at any timc by thc property owncr or thc property owner's agent. Office of the City Clerk 1 City of Tukwila Page 194 of 356 Return to Title B. To apply for a Critical Arc Dcsignation Pcrmit, thc property owncr or thc property owncr's agcnt must submit an application to thc dcpartmcnt using a form providcd by thc dcpartmcnt. Thc application may covcr thc entire sitc or a portion, providcd that a map is includcd idcntifying thc arc for which designation is sought. C. Thc dcpartmcnt, or its consultant, shall conduct an initial sitc rcvicw to dctcrminc whcthcr critical arcs or buffers cxist, or havc thc potcntial to cxist, on thc property or within 150 fcct. If a wctland or strcm is idcntificd, thc applicant must obtain a critical arc rcport consistcnt with TMC 18.45.070, as providcd in subscction D as currcntly enacted or hcrcftcr amended. If the presence or classification of a strcm is uncertain, thc rcport shall includc a profcssional recommendation. If thc rcport concludcs that no wctland or strcm cxists on or within 150 fcct of thc property, and thc dcpartmcnt concurs, no furthcr assessment shall bc required. D. To fulfill thc requirement for a critical arc rcport, thc applicant shall cithcr: 1. Fund a critical arc study prcparcd by thc City's consultant, which will not bc cubjcct to pccr rcvicw; or 2. Submit a critical arc study prcparcd by a qualified profcssional as dcfincd in TMC Titic 18, which may be cubjcct to applicant fundcd pccr rcvicw by thc City or its consultant. E. Upon rcqucct by thc applicant, thc Critical Arc Dccignation Pcrmit may includc an evaluation or interpretation of thc applicability of critical arc buffcrs and standards to a potcntial futurc development. F. Baccd on thc critical arc rcport, thc Dcpartmcnt shall iscuc a final dctcrmination for thc Critical Arc Dccignation Pcrmit. C. Thc Dcpartmcnt shall make its writtcn dctcrmination on thc Critical Arc Dcsignation Pcrmit within one hundred twcnty (120) days of rccciving a complctc application, unlcsc an cxtcncion is authorized undcr thc Tukwila Municipal Codc. H. Thc Critical Arc Dcsignation Pcrmit shall bc valid for five (5) ycrs unlcss: 1. Physical conditions on or within 300 fcct of thc cubjcct property havc markedly and dcmonctrably changed duo to natural proccsscs or man made activity, or 2. Applicable regulatory agencies adopt updated maps or designations that conflict with thc original dctcrmination in thc Critical Arc Dccignation Pcrmit. N'rrOrd.. 750 §2, 20251 18.45.070 Critical Arca Pcrmittcd Activitics A. Outright Pcrmittcd Activitics: Thc following activitics arc outright permittcd cubjcct to thc provisions of TMC 21.01 and of thc mitigation rcquircmcnts of this chapter, if applicable: 1. Maintcnancc and rcpair of cxisting facilities providcd no alteration or additional fill materials will bc placed or hcvy construction cquipmcnt uscd in thc critical area or buffcr. 2. Site exploration or rescrch that docs not includc usc of hcvy cquipmcnt or nativc vcgctation rcmoval. 3. Maintcnancc and rcpair of csrccntial ctrccts, roads, rights of way, or utilitics, and placement, maintenance, and fcpair of ncw fibcroptic utilitics within cxisting improvcd and pavcd roads. /I. Actions to rcmcdy thc effects of cmcrgcncics that throatcn thc public hclth, safety or welfare. 5. Maintcnancc activitics of cxisting landscaping and gardens in a critical arc buffcr including, but not limited, to mowing lawns, wccding, harvesting and replanting of garden crops and pruning and planting of vcgctation. This provision docs not apply to rcmoval of ctablichcd nativc trccs and shrubs, or to thc excavation, filling, and construction of ncw landscaping fcturcs, such as concrctc work, bcrms and walls. 5. Voluntary nativc rcvcgctation and/or rcmoval of invasive spccics that docs not includc usc of hcvy cquipmcnt. Thc usc of hcrbicidc by a liccnccd contractor with ccrtification as nccdcd from thc Washington Dcpartmcnt of Ecology and thc Washington Department of Agriculture is permittcd but rcquircs notification prior to application to thc City and shall comply with TMC 18.45.158.E.3 Office of the City Clerk 1 City of Tukwila Page 195 of 356 Return to Title B. Activitics Which Rcquirc Critical Arca Pcrmits: Thc following activitics may bc permittcd only aftcr administrativc rcvicw and approval of a Typc 2 Critical Areas permit application by thc Dircctor: 1. maintcnancc and rcpair of cxisting uscs and facilitics whcrc altcration or additional fill matcrials will bc placcd or hc€avy construction cquipmcnt uscd in thc critical arch or buffcr. othcr surfacc watcr managcmcnt structures may bc allowcd providcd that thc dischargc mccts thc clan watcr standards of RCW 90.48 and WAC 173 200 and 173 201A as amcndcd, and docs not advcrscly affcct wctland hydrology or watcrcoursc flow. Watcr quality monitoring may bc rcquircd as a condition of usc. 3. Construction of bioswalcs and dispersion trcnchcs arc thc only stormwatcr facilitics allowcd in wctland or watcrcoursc buffcrs. Watcr quality monitoring may bc rcquircd as a condition of usc. /I. Enhanccmcnt or othcr mitigation including landscaping with nativc plants that rcquircs heavy cquipmcnt. 5. Construction or maintcnancc of csscntial utilitics if dcsigncd to protcct thc critical area and its buffcr against crosion, uncontrollcd storm watcr, rcctriction of groundwatcr movcmcnt, clidcs, pollution, habitat dicturbancc, any loss of flood carrying capacity and storagc capacity, and cxcavation or fill dctrimcntal to thc cnvironmcnt. 6. Construction or maintcnancc of csscntial public strccts, roads and rights of way as dcfincd by TALC 18.06.285, providcd thc following critcria arc mct: a. Arc dcsigncd and maintaincd to prcvcnt crosion and avoid restricting thc natural movcmcnt of groundwatcr. b. Arc locatcd to conform to thc topography so that minimum altcration of natural conditions is ncccssary. The numbcr of crossings shall bc limitcd to thocc ncccssary to providc csscntial acccss. E Arc constructcd in a way that docs not advcrscly affcct thc hydrologic quality of thc wctland or watcrcoursc and/or its buffcr. Whcrc fclaciblc, crossings must allow for combination with othcr csscntial utilitics. 7. Public/Privatc Usc and Acccss: a. Public and privatc acccss shall bc limitcd to trails, boardwalks, covcrcd or uncovcrcd vicwing and sating arclas, footbridgcs only if ncccssary for acccss to othcr aroas of thc property, and displays (such as intcrprctivc cignagc or kiosks), and must bc locatcd in areas that havc thc lowcst scnsitivity to human disturbance or altcration. Acccss fcturca shall bc thc minimum dimcnsions ncccssary to avoid advcrsc impacts to thc critical area. Trails shall bc no widcr than 5 fcct and arc only allowcd in thc outcr 25 perccnt of thc buffcr, cxccpt for allowcd wctland or ctroam crossings. Crossings and trails must bc dcsigncd to avoid advcrsc impacts to critical area functions. Thc Dircctor may rcquirc mcchanisms to limit or control public acccss whcn cnvironmcntal conditions warrant (such as tcmporary trail closures during wildlifc brccding coacon . b. Public acccss must bc spccifically dcvclopcd for intcrprctivc, cducational or rescrch purposcs by, or in cooperation with, thc City or as part of thc adoptcd Tukwila Parks and Opcn Spacc Plan. Privatc footbridgcs arc allowcd only for acccss across a critical area that bisccts thc property. c. No motorizcd vchicic is allowcd within a critical area or its buffcr cxccpt as rcquircd for ncccssary maintcnancc, agricultural managcmcnt or cccurity. d. Any public acccss or intcrprctivc displays dcvclopcd along a critical area and its buffcr must, to thc cxtcnt posciblc, bc conncctcd with a park, rccroation or opcn cpacc area c. Vcgctativc cdgcs, structural barricrs, signs or othcr measures must bc providcd whcrcvcr ncccssary to protcct critical areas and thcir buffcrs by limiting acccss to dcsignatcd public usc or intcrprctivc areas. f. Acccsc trails and footbridgcs must incorporatc dccign features and matcrials that protcct watcr quality and allow adcquatc surfacc watcr and groundwatcr movcmcnt. Trails must bc built of permcblc matcrials. g. Acccss trails and footbridgcs must bc locatcd whcrc thcy do not disturb ncsting, brccding and raring areas and must bc dcsigncd co that ccncitivc plant and critical wildlifc cpccics arc protcctcd. Trails and footbridgcs must bc placcd co as to not causc crosion or scdimcntation, dcstabilization of watcrcoursc banks, intcrfcrcncc with fish passagc or significant Office of the City Clerk I City of Tukwila Page 196 of 356 Return to Title rcmoval of nativc vcgctation. Footbridgcs must bc anchorcd to prcvcnt thcir movcmcnt duc to watcr Icvcl or flow fluctuations. Any work in thc wctland or strum bclow thc OHWM will rcquirc additional fcdcral and statc permits. 8. Drcdging, digging or filling may occur within a critical arc or its buffcr only with thc permission of thc Dircctor providcd it mccts mitigation scqucncing rcquircmcnts and is permittcd undcr TMC 18.45.090 (altcration of wctland), TMC 18.45.110 (altcration of watcrcoursc), or TMC 18.45.120 and 18.45.130 (arcs of gcologic instability). Drcdging, digging or filling shall only bc permittcd for flood control, improving watcr quality and habitat cnhanccmcnt unlcss othcrwisc permittcd by this chaptcr. N,Ord. 2741 4 (part), 20241 18.45.075 A. Applicants shall dcmonstratc that resonablc cfforts havc bccn cxamincd with thc intcnt to avoid and minimizc impacts to critical arcs and critical arc buffcrs. Whcn an altcration to a critical arc or its rcquircd buffcr is propoccd, such altcration shall bc avoidcd, minimizcd or compcnsatcd for in thc following ordcr of prcfcrcncc: 1. Avoiding thc impact altogcthcr by not taking a ccrtain action or parts of an action; 2. Minimizing critical arc or critical arc buffcr impacts by limiting thc dcgrcc or magnitudc of thc action and its implcmcntation, by using appropriatc tcchnology, or by taking affirmativc stcps to avoid or rcducc impacts; 3. Rcctifying thc impact by rcpairing, rchabilitating or motoring thc affcctcd cnvironmcnt; 1. Rcducing or climinating thc impact ovcr timc by prcscrvation and maintcnancc operations during thc lifc of the action; 5. Compcnsating for thc impact by rcplacing, cnhancing, or providing cubctitutc rcourccs or cnvironmcnts; and/or 6. Monitoring thc impact and taking appropriatc corrcctivc mcsures. (Ord 2711 §4 (part), 20211 13.4879$8 , 1. For the purpoccs of TMC 18.45, "wctlands" arc dcfincd in thc Dcfinitions chaptcr of this titic. A wctland boundary is thc linc dclincting thc outcr cdgc of a wctland cstablishcd in accordancc with thc approvcd fcdcral wctland dclinction manual and applicablc rcgional cupplcmcnt. 2. Wctland dctcrminations and dclinction of wctland boundarics shall bc madc by a qualificd profcsrcional, as dcscribcd in TMC 18.45.040. 3. Wctland dctcrminations and dclinction or wctland boundarics must bc conductcd within no morc than fivc ycrs prior to thc datc of permit application. 1. Wctlands shall bc dcignatcd in accordancc with thc Washington Statc Wctlands Rating Syctcm for Wctcrn Washington (Washington Statc Dcpartmcnt of Ecology, 2014, Publication # 14 06 029); or as othcrwisc amcndcd by Ecology, as Catcgory I, II, III, or IV. C. Wctland Buffcrs: 1. The purposc of thc buffcr arc shall bc to protcct thc intcgrity and functions of thc wctland arc. Any land altcration must bc locatcd out of the buffcr arcs as rcquircd by this ccction. Wctland buffcrs arc intcndcd in gcncral to: 1. Minimizc long tcrm impacts of dcvclopmcnt on propertics containing wctlands; 2. Protcct wctlands from advcrsc impacts during dcvclopmcnt; 3. Prccrvc thc cdgc of thc wctland and its buffcr for its critical habitat valuc; Office of the City Clerk 1 City of Tukwila Page 197 of 356 Return to Title 1. Providc an arco to stabilizc banks, to absorb ovcrflow during high watcr cvcnts and to allow for slight variation of aquatic systcm bo radar cs cr t me d `o hydrologic or climatic cffccts; 5. Rcducc crosion and incrciscd surfacc watcr runoff; 5. Rcducc loss of or damagc to property; 7. Intcrccpt finc scdimcnts from surfacc watcr runoff and scrvc to minimizc watcr quality impacts; and 8. Protcct thc critical arcs from human and domcstic animal disturbanccs. D. Buffcr Rcquircmcnts: 1. Buffcr widths in Tablc 18.45.080 1 havc bccn cstablishcd in accordancc with thc bcst availablc scicncc. Thcy arc bascd on thc catcgory of wctland and thc habitat scorc. (scc ncxt pagc) Office of the City Clerk I City of Tukwila Page 198 of 356 Return to Title Tablc8.45480-1—P eti n H3 f�� r IACI""i7idtR9 C Habitat Habitat Score Habitat Habitat Habitat -seers Habitat seere seers seers seeFe 64 6-T 8-9 8-9 Standard Ouffcr Altcrnatc Standard Buffcr Altcrnatc Buffcr if impact minimization mcasurcs takcn AND buffcr b Standard Buffcr Altcrnatc Buffcr if Ouffcr if impact impact minimization takcn minimization mcasurcs AND buffcr b mcasurcs takcn AND 00 buffcr is feialeiitcd. fcct rcplantcd. Also, 100 fcct vcgctatcd bctwccn rcplantcd corridor wctland and any Priority vcgctatcd corridor bctwccn wctland and any ncarby Priority Habitats is ncarby l labitats b maintaincd. footnote) maintaincd (scc footnote) (scc $8 43 4 {4 449 388 2.28 ii 499 76 468 449 300 426 f8 69 68 48 440 308 2.26 44 68 49 68 48 68 48 A rclativcly undisturbed, vcgctatcd c rrid r at Iaast 100 fcct widc is pr tcctcd betwcen thc wctland and any nearby Pri rity I abitats as dcfincd by thc Washingt n Etatc Dcpartmcnt f Fish and Wildlifc. Thc c rrid r must bc pr tcctcd f r the entire distance bctwccn thc wctland and thc Pri rity Habitat by s me typc f legal pr tccti n such as a c nscrvati n cascmcnt. Prcscncc r absence f a ncarby habitat must bc c of rmcd by a qualificd bi I gist. If n pti n f r pr viding a corridor is availablc, Tablc 18.45.080 1 may bc used with thc required measures in Tablc 18.45.080 2 alone. Disturbanee .64149 Noise • Dircct lights away from wctland • Locatc activity that gcncratcs noisc away from wctland • if warrantcd, cnhancc cxisting buffcr with nativc vcgctation plantings adjaccnt to • as ccrtain hcavy industry or mining, establish an additional 10 foot hcavily vcgctatcd buffcr strip immcdiatcly adjaccnt to thc outcr cdgc of wctland buffcr Toxic runoff • Routc all ncw, untreated runoff away from wctland whilc cnsuring wctland is not dcwatcrcd • Cstablish covcnants limiting use of pcsticidcs within 150 fcct of wctland Stormwatcr runoff • Retrofit stormwatcr dctcntion and trcatmcnt for roads and cxisting adjaccnt dcvclopmcnt • Prevent channclizcd flow from lawns that dircctly cntcrs thc buffcr • Usc Low Intcnsity Development (LID) tcchniqucs whcrc appropriatc (for more information rcfcr to thc drainage ordinancc and manual) Changc in watcr regime • infiltrate or treat, dctain, and dispersc into buffcr ncw runoff from imperviou:, curfaccs and ncw lawns Pcts and human disturbancc • 1Jsc privacy fcncing OR plant dcnsc vcgctation to dclinctatc buffcr cdgc and to discouragc disturbancc using vcgctation appropriatc for thc ccorcgion • Place wctland and its buffcr in a scparatc tract or protcct with a conscrvation cascmcnt Dust • Usc bcst managcmcnt practiccs to control dust E. Buffcr Setbacks: 1. All commercial and industrial buildings shall bc cct back 15 fcct and all othcr dcvclopmcnt shall fcct from thc buffcr's cdgc. Thc building setbacks shall bc mc�surcd from thc foundation to thc buffcr's cdgc. chall also idcntify a 20 foot arcs beyond thc buffcr cctback within which thc impacts of dcvclopmcnt will bc rc 2. Thc Dircctor may waivc setback rcquircmcnts whcn a sitc plan demonstrates thcrc will bc no buffcr from construction or occasional maintenance activities. bc cct back 10 Building plans vicwcd. impacts to the Office of the City Clerk I City of Tukwila Page 199 of 356 Return to Title F. Variption Gf Stan. and Wctland Bufc.Width: 1. Buffcr avcraging may bc allowcd by thc Dircctor as a Typc 2 permit if thc total arm of thc buffcr aftcr avcraging is cqual to thc arm rcquircd without avcraging and thc buffcr at its narrowcst point is ncvcr Icss than cithcr 3/4 of thc rcquircd width or 75 fcct for Catcgory I and II, 50 fcct for Catcgory III, and 25 fcct for Catcgory IV, whichcvcr is grmtcr, and so long as thc following critcria is mct: a. Thc wctland has significant diffcrcnccs in charactcristics that affcct its habitat functions, and thc buffcr is incrc€ascd adjaccnt nd and dccreascd adjaccnt to thc Iowcr functioning or Icss scnsitivc portion as dcmonstratcd by a critical areas rcport. b. Thcrc arc no fcosiblc altcrnativcs to thc sitc dcsign that could bc accomplishcd without buffcr avcraging, and thc avcragcd buffcr will not result in dcgradation of thc wctland's functions and valucs as dcmonstratcd by a critical areas rcport. c. Compliancc with mitigation scqucncing rcquircmcnts (TMC 18.45.075). d. Compliancc with TMC 18.45, "Vcgctation Protcction and Managcmcnt" ccction. c. Submittal of buffcr cnhanccmcnt plan, mitigation monitoring and maintcnancc plan along with financial guarantcc in accordancc with this chaptcr. 2. Intcrruptcd Buffcr: Waivcr for intcrruptcd buffcr may bc allowcd by thc Dircctor as a Typc 2 permit if it complics with thc following: a. Thc buffcr is intcrruptcd by a pavcd public or privatc road; cxisting or futurc Icvcc Icgally constructcd Intcrruptcd duc to thc prcscncc of acccssory structures such as shcds and garagcs; b. Thc cxisting Icgal improvcmcnt croatcs a substantial barricr to thc buffcr function; c. Thc intcrruptcd buffcr docs not providc additional protcction of thc critical arm from thc proposcd dcvclopmcnt; d. Thc intcrruptcd buffcr docs not providc significant hydrological, watcr quality and wildlifc functions, and iargc trccs or othcr significant nativc vcgctation do not cxist; and. c. Thc projcct propoccs to cnhancc thc rcmaining buffcr as much as is fclaciblc. 3. Buffcrs for all typcs of wctlands will bc incroaccd whcn thcy arc dctcrmincd to bc particularly scnsitivc to disturbancc or thc proposcd dcvclopmcnt will crc€atc unusually advcrsc impacts. Any incrc€asc in thc width of the buffcr shall bc rcquircd only aftcr complction of a wctland study by a qualificd wctlands profcsrcional or cxpert that documcnts thc basis for such incrc€ascd width. An incrmsc in buffcr width may bc appropriatc whcn: a. Thc dcvclopmcnt proposal has thc dcmonstratcd potcntial for significant advcrsc impacts upon thc wctland that can bc mitigatcd by an incroaccd buffcr width; or; b. Thc arco scrvcs as a habitat for cndangcrcd, thrclatcncd, scnsitivc or monitor spccics listcd by thc fcdcral govcrnmcnt or thc Statc. (Qrd.. 2765 §71,2025; Ord 111 §1 (part), 20211 1-8746490 , A. Ucc or dcvclopmcnt in a wctland or its buffcr: No ucc or dcvclopmcnt may occur in a wctland or its buffcr cxccpt as cpccifically allowcd by TMC 18.45. Any ucc or dcvclopmcnt allowcd is subjcct to rcvicw and approval by thc Dircctor. Whcrc rcquircd, a mitigation plan must bc dcvclopcd and must comply . Whcrc unauthorizcd altcrations occur within a critical arm or its buffcr, thc City will rcquirc thc applicant to submit a critical area study, that includcs mitigation, subjcct to approval. Thc applicant shall bc rcsponsiblc for implcmcnting thc mitigation and for additional pcnaltics as dctcrmincd by thc Dircctor. In addition, fcdcral and/or statc authorization is rcquircd for dircct impacts to watcrs of thc Unitcd Statcs or thc Statc of Washington. Office of the City Clerk 1 City of Tukwila Page 200 of 356 Return to Title B. A ltcration to Wctland D�TCCTCi[i V rr.SZG77'GSTCir1L:.5 . 1. Altcrations to wctlands arc discouragcd and arc limitcd to thc minimum ncccssary for projcct fusibility. flcqucsts for altcrations must bc accompanicd by a mitigation plan, arc subjcct to Dircctor approval, and may bc approval only if thc following findings arc madc: a. Thc altcration complics with mitigation scqucncing rcquircmcnts (TMC 18.45.075); b. Thc altcration will not advcrscly affcct watcr quality; c. Thc altcration will not advcrscly affcct fish, wildlifc, or thcir habitat; d. Thc altcration will not havc an advcrsc cffcct on drainagc and/or storm watcr dctcntion capabilitics; c. Thc altcration will not Icd to unstablc crth conditions or crctc an crosion hazard or contributc to scouring actions; f. Thc altcration will not bc matcrially dctrimcntal to any othcr property; g. Thc altcration will not havc advcrsc cffccts on any othcr critical arcs; and h. Complics with thc maintcnancc and monitoring rcquircmcnts lictcd within this ccction. 2. Altcrations arc not permittcd to Catcgory I and II wctlands unlcsc cpccifically cxcmptcd undcr thc provisions of this chaptcr. 3. Altcrations to Catcgory III and IV wctlands arc allowcd only whcrc unavoidablc and adcquatc mitigation is carricd out in accordancc with thc standards of this scction. 1. Altcrations to isolatcd Catcgory IV wctlands Icss than 1,000 squarc fcct in sizc that mcct all of thc following conditions arc allowcd whcrc adcquatc mitigation is carricd out in accordancc with thc standards of this ccction. a. Thcy arc not associatcd with a riparian corridor; b. Thcy arc not asrcociatcd with Shorclincs of thc Statc or thcir asrcociatcd buffcrs; c. Thcy arc not part of a wctland mosaic; d. Thcy do not contain habitat idcntificd as csscntial for local populations of priority spccics idcntificd by thc Washington Statc Dcpartmcnt of Fish and Wildlifc; and c. Thcy do not scorc 6 points or grctcr for habitat in thc Wcstcrn Washington Wctland Rating Systcm. a. Mitigation for wctlands shall follow thc mitigation scqucncing stcps in this chaptcr and may includc the following typcs of actions in ordcr of dccroacing prcfcrcncc: (1) Rcstoration: (a) Rc cstablishmcnt: Thc manipulation of thc physical, chcmical or biological charactcristics of a sits with thc goal of motoring wctland functions to a formcr wctland, moulting in a nct incroacc in wctland acres and functions. (b) Rchabilitation: Thc manipulation of thc physical, chcmical or biological charactcristics of a sitc with thc goal of rcpairing historic functions and proccsscs of a dcgradcd wctland, resulting in a gain in wctland functions but not acroagc. (a) Thc manipulation of thc physical, chcmical or biological charactcristics to dcvclop a wctland on an upland or dccpwatcr sitc, whcrc a biological wctland did not prcvioucly cxict. Office of the City Clerk I City of Tukwila Page 201 of 356 Return to Title (3) Enhancement: Thc manipulation of thc physical, chemical or biological characteristics to hcightcn, intensify, or improvc spccific functions (such as vcgctation) or to changc thc growth stagc or composition of thc vcgctation present, resulting in a changc in wctland functions but not in a gain in wctland acreage. (1) Combination: A combination of thc three typcs of actions listed above. b. Mitigation Ratios: Rcquircd mitigation ratios arc dcscribcd in TMC 18.45.090.C.1.b.(1) (4) (below). Alternate mitigation ratios may bc accepted by thc Dircctor upon presentation of justification based on bcst available science that shows thc proposcd compensation rcprcscnts a roughly proportional exchange for thc proposcd impacts. (1) Altcrations arc not permittcd to Catcgory I or II wctlands unlcss specifically cxcmptcd undcr the provisions of this program. Whcn altcrations arc allowed, mitigation ratios for Catcgory I wctlands shall bc at a 4:1 for creation or rc cstablishmcnt, 8:1 for rchabilitation, and 16:1 for cnhanccmcnt. Mitigation ratios for Catcgory II wctlands shall bc at 3:1 for crc�tion or rc cstablishmcnt, 6:1 for rchabilitation and 12:1 for cnhanccmcnt. Crc€ation or rc cstablishmcnt shall bc contiguous to thc wctland, unlcsc an cxccption is authorized by thc Dircctor. For Catcgory II estuarine wctlands, rc cstablishmcnt, crcition and cnhanccmcnt ratios will bc decided on a casc by casc basis. (2) Altcrations to Catcgory III wctlands arc prohibitcd cxccpt whcrc unavoidable and mitigation scqucncing in accordancc with this chapter has bccn utilizcd and whcrc mitigation is carricd out in accordancc with thc standards in the section. Mitigation for any altcration to a Catcgory III wctland must bc providcd at a ratio of 2:1 for crcition or rc cstablishmcnt, /I:1 for rchabilitation and 8:1 for cnhanccmcnt alone. (3) Mitigation for altcration to a Catcgory IV wctland will bc 1.5:1 for creation or rc cstablishmcnt, 3:1 for rchabilitation or 6:1 for cnhanccmcnt. Whcrc only a portion of a Catcgory IV wctland is fillcd, thc potential functionality of thc remaining rcduccd wctland must bc concidcrcd in mitigation planning. (1) Mitigation for altcration to wctland buffcrs will bc 1:1. 2. Minimum Pcrformancc Standards: Thc following shall bc considered thc minimum performancc standards for approvcd wctland altcrations: a. Wctland functions improvcd ovcr thosc of thc original conditions. b. Hydrologic conditions and hydroperiods arc improvcd ovcr existing conditions and thc specific hydrologic performancc standards spccificd in thc approvcd mitigation plan arc achieved. c. Squarc fcct rcquircmcnts for creation, reestablishment, rchabilitation or cnhanccmcnt and for proposcd wctland classes arc mct. d. Vegetation native to thc Pacific Northwcst is installcd and vcgctation survival and coverage standards ovcr timc arc mct and maintained. c. Habitat features arc installcd, if habitat is one of thc functions to bc improvcd. f. Buffcr and bank conditions and functions cxcccd thc original state. 3. Maintcnancc and Monitoring: Maintcnancc and monitoring of mitigation shall bc done by thc property owncr or tcn (10) yoars whcn thc miti and/or buffcrs. Maintcnancc shall bc carricd out in accordancc with thc approvcd mitigation plan. Monitoring rcports must bc cubmittcd to thc City for rcvicw with thc frequency spccificd in thc approvcd mitigation plan. 1. In instances whcrc portions of a wctland or wctland buffcr impactcd by development remain after buffcr averaging, mitigation for buffcr impacts shall bc providcd on cite, if feasible. Whcrc an essential public road, street or right of way or essential public utility cannot avoid buffcr altcrations, buffcr cnhanccmcnt must bc carricd out at othcr locations around thc impactcd wctland. 2. On sitc mitigation for wctland impacts shall bc providcd, cxccpt whcrc thc applicant can demonstrate that: Office of the City Clerk I City of Tukwila Page 202 of 356 Return to Title a. On sitc wctland mitigation is not scientifically feasible duc to problcms with hydrology, soils, wavcs or othcr factors; or b. Mitigation is not practical duc to potentially adverse impact from surrounding land uscs; or c. Existing functions created at thc sitc of thc proposcd restoration arc significantly greater than lost wctland functions; or d. Regional goals for flood storage, flood conveyance, habitat or othcr wctland functions havc bccn established and strongly justify location of mitigation at another sitc, and whcrc off sitc mitigation is demonstrated to providc a grc€atcr ecological bcncfit to thc watershed. Rcfcr to 2005 WRIA 9 Salmon Habitat Plan as it now reds and hcrc�ftcr updated or amended, for potential offsitc mitigation locations. 3. Purchase of mitigation crcdits through mitigation banks and in lieu fcc programs is prcfcrrcd ovcr permittcc responsible offsitc mitigation. 1. Thc Dircctor may approvc, through a Typc 2 Critical Arco Permit, thc transfer of wctland mitigation to a wctland mitigation bank or in lieu fcc program using thc critcria in 4.a. through 4.f. bclow. Wctland mitigation bank crcdits shall bc dctcrmincd by thc certified mitigation banking or in lieu fcc instrument. a. Off sitc mitigation is proposcd in a wctland mitigation bank that has bccn approvcd by all appropriate b. Thc proposcd wctland alteration is within thc designated scrvicc area of thc wctland bank; and c. Thc applicant providcs a justification for thc numbcr of crcdits proposcd; and d. Thc mitigation achieved through thc numbcr of crcdits rcquircd mccts thc intent of TMC 18.45; and c. Thc Dircctor bascs thc decision on a writtcn staff rcport, evaluating thc equivalence of thc lost wctland functions with thc numbcr of wctland crcdits rcquircd; and f. Thc applicant providcs a copy of thc wctland bank ledger dcmonctrating that thc approvcd numbcr of credits has bccn rcmovcd from thc bank. 5. Whcrc off cite mitigation location is proposcd it shall comply with thc following critcria: a. Mitigation sitcs located within thc Tukwila City limits arc prcfcrrcd. b. Mitigation bank or in Iicu fcc option is not feasible. c. Thc proposcd mitigation will not altcr or increase buffcrs on adjacent propertics without thcir permiscion. 6. Thc Dircctor may approvc permittcc rcsponsiblc offsitc mitigation sitcs outsidc thc city upon finding that: a. Adcquatc measures havc bccn taken to ensure thc non development and long tcrm viability of the mitigation sitc; and b. Adcquatc coordination with thc othcr affected local jurisdiction has occurrcd. c. Thc applicant has selected a cite in a location whcrc thc targeted functions can reasonably bc performed and sustained and has pursucd sitcs in thc following ordcr of prcfcrcncc: (1) Sitcs within thc immediate drainagc sub basin; (2) Sitcs within thc next highcr drainagc sub basin; and (3) Sitcs within Crccn/Duwamish Rivcr basin. 7. Wctland creation for restoration projccts may only bc approvcd if thc applicant can show: (1) that thc adjoining property owncrs arc amenable to having wctland buffcrs cxtcnd onto or acrosro thcir property; or (2) that thc on cite wctland buffcrs arc sufficicnt to protcct thc functions and values of thc wctland and thc project as a wholc results in net cnvironmcnta[ bcncfit. Office of the City Clerk I City of Tukwila Page 203 of 356 Return to Title E. Mitigation Timing: Mitigation projccts shall bc complctcd prior to activitics that will permancntly disturb wctlands and cithcr prior to or immediately after activitics that will temporarily disturb wctlands. Construction of mitigation projccts shalt bc timcd to rcducc impacts to cxisting wildlifc, flora and watcr quality, and shall bc complctcd prior to use or occupancy of thc activity or dcvclopmcnt. Thc Director may allow activitics that permancntly disturb wctlands prior to implementation of the mitigation plan undcr thc following circumstances: 1. To allow planting or rc vegetation to occur during optimal weather conditions; 2. To avoid dicturbancc during critical wildlifc periods; or 3. To account for uniquc sitc constraints that dictate construction timing or phasing. 1. Thc mitigation plan shall bc developed as part of a critical arco study by a qualified professional. Wctland and/or buffcr alteration or relocation may bc allowed only whcn a mitigation plan clearly demonstrates that thc changes would bc an improvcmcnt of wctland and buffcr quantitativc and qualitative functions. Thc plan shall show how watcr quality, habitat, and hydrology would bc improved. 2. Thc scopc and contcnt of a mitigation plan shall bc decided on a casc by casc basis taking into account the dcgrcc of impact and thc extent of thc mitigation measures nccdcd. As thc impacts to thc critical arch increase, thc mitigation measures to offsct thcsc impacts will increase in numbcr and complcxity. 3. For wctlands, thc format of thc mitigation plan should follow that cctablichcd in Wctland Mitigation in Washington Statc, Part 2 Developing Mitigation Plans (Washington Dcpartmcnt of Ecology, Corps of Enginccrs, EPA, March 2006 or as amended). '1. Thc componcnts of a complctc mitigation plan arc as follows: a. Basclinc information of quantitativc data collcction or a rcvicw and synthcsis of cxisting data for both the projcct impact zonc and thc proposed mitigation site. b. Environmental goals and objcctivcs that describe thc purposes of thc mitigation measures. This should include a dcscription of sitc scicction critcria, identification of target cvaluation spccics and rcsourcc functions. c. Pcrformancc standards of thc cpccific critcria for fulfilling environmental goals and for bcginning rcmcdiai action or contingcncy measures. Thcy may includc watcr quality standards, species richness and diversity targets, habitat divcrsity indiccs, or othcr ecological, geological or hydrological critcria. d. A dctailcd construction plan of thc written cpccifications and dcccriptions of mitigation tcchniqucs. This plan should includc thc proposed construction scqucncc, construction management and trcc protcction and bc accompanied by dctailcd sitc diagrams and blucprints that arc an integral rcquircmcnt of any dcvclopmcnt proposal. c. A monitoring and/or cvaluation program that outlincs thc performancc standards and mcthods for assessing whcthcr thosc performancc standards arc achieved during thc specified monitoring period, at Ic€ast 5 years. At a minimum, thc monitoring plan should address vegetative covcr, survival, and spccics divcrsity. Any projcct that alters thc dimensions of a wctland or creates a new wctland shall also monitor wctland hydrology. An outline shall bc included that spclls out how the monitoring data will bc evaluated by agencies that arc tracking thc mitigation projcct's progress. f. Contingency plan idcntifying potential courscs of action and any corrcctivc measures to bc taken whcn monitoring or cvaluation indicates projcct performancc standards have not bccn mct. g. Pcrformancc sccurity or othcr assurance dcviccs as dcscribcd in TMC 18.45.210. Nard 2165 15, 2025, Ord 2141 §4 (pant), 20241 Office of the City Clerk 1 City of Tukwila Page 204 of 356 Return to Title A. Watcrcoursc Ratings: Watcrcoursc ratings arc consistcnt with thc Washington Dcpartmcnt of Natural Rcsourccs watcr typing catcgorics (WAC 222 16 030) or as amcndcd, which arc bascd on thc cxisting habitat functions and classificd as follows: 1. Typc S Watcrcoursc: Watcrcourscs invcntoricd as Shorclincs of thc Statc, undcr RCW 90.58. Thcso watcrcourccs shall bc rcgulatcd undcr TMC 18.44, Shorclinc Ovcrlay. 2. Typc F Watcrcourzc: Thocc watcrcourccs that arc known to bc uscd by fish or mcct thc physical critcria to bc potcntially uscd by fish (as cstablishcd in WAC 222 16 031(3) or as amcndcd) and that havc percnnial (ycr round) or ccaaconal flows. 3. Typc Np Watcrcourzc: Thocc watcrcourccs that havc percnnial flows and do not mcct thc critcria of a Typc F ctrc€am or havc bccn provcn not to contain fish using mcthods dcscribcd in thc Forest Practiccs Board Manual Scction 13. 1. Typc Ns Watcrcourzc: Thocc watcrcourccs that havc intcrmittcnt flows (do not havc surfacc flow during at Ic€ast somc portion of thc ycr); do not mcct thc physical critcria of a Typc F watcrcoursc; or havc bccn provcn to not support fish using mcthods dcscribcd in thc Forcct Practiccs Board Manual Scction 13. B. Watcrcoursc Buffcrs: Any land altcration must bc locatcd out of thc buffcr areas as rcquircd by this ccction. Watcrcoursc buffcrs arc intcndcd in gcncral to: 1. Minimizc long tcrm impacts of dcvclopmcnt on propertics containing watcrcourccs; 2. Protcct thc watcrcoursc from advcrsc impacts during dcvclopmcnt; 3. Prcscrvc thc cdgc of thc watcrcoursc and its buffcr for its critical habitat valuc; /I. Providc shading to maintain ctablc watcr tcmperaturcs and vcgctativc covcr for additional wildlifc habitat; 5. Providc input of organic dcbris and uptakc of nutricnts; 6. Providc an arc to stabilizc banks, to absorb ovcrflow during high watcr cvcnts and to allow for slight variation of aquatic cyctcm boundarics ovcr timc duc to hydrologic or climatic cffccts; 7. Rcducc crosion and incrciscd surfacc watcr runoff; 8. Rcducc loss of, or damagc to, property; 0. Intcrccpt finc scdimcnts from surfacc watcr runoff and scrvc to minimizc watcr quality impacts; and 10. Protcct thc critical arcs from human and domcstic animal disturbancc. An undicturbcd and high quality critical arco or buffcr may cubctitutc for thc yard cctback and landccapc rcquircmcnts of TMC 18.50 and 18.52. C. Watcrcoursc Buffcr Widths: The following buffcr widths, mc�surcd from thc Ordinary High Watcr Mark (OHWM), apply to each cidc of a watcrcoursc. If thc OHWM cannot bc dctcrmincd, thcn thc buffcr will bc mcacurcd from thc top of dank: 1. Typc S Watcrcourzc: Rcgulatcd undcr TMC 18.44, Shorclinc Ovcrlay. 2. Typc F Watcrcoursc: 100 foot widc buffcr. 3. Typc Np Watcrcoursc: Standard 80 foot widc buffcr; altcrnatc buffcr in thc 50 65 rangc allowcd with buffcr cnhanccmcnt. 1. Typc Ns Watcrcoursc: 50 foot widc buffcr. Office of the City Clerk I City of Tukwila Page 205 of 356 Return to Title D. Buffcr Sctbacks: 1. All commcrcial and industrial buildings shall bc sct back 15 fcct and all othcr dcvclopmcnt shall bc sct back 10 fcct. Building sctbacks shall bc mc�surcd from thc foundation to thc buffcr's cdgc. Building plans shall also idcntify a 20 foot arcs bcyond thc buffcr sctback within which thc impacts of dcvclopmcnt will bc rcvicwcd. 2. Thc Dircctor may waivc sctback rcquircmcnts whcn a sitc plan dcmonstratcs thcrc will bc no impacts to the buffcr from construction or occasional maintcnancc activitics. E. ►/ariotion of Standard ►Alai....eet rse Bu ffcr►n Width: 1. Buffcr Avcraging: Buffcr avcraging may bc allowcd by thc Dircctor as a Typc 2 Critical Arcs Pcrmit if thc total arco of thc buffcr aftcr avcraging is cqual to thc arco rcquircd without avcraging and thc buffcr at its narrowcct point is ncvcr icss than cithcr 3/4 of thc rcquircd width; and thc following critcria is mct: a. Thc watcrcoursc has significant diffcrcnccs in charactcristics that affcct its habitat functions, and thc buffcr is incroaccd adjaccnt to thc highcr functioning arco of habitat or morc scnsitivc portion of thc watcrcoursc and dccrcaaccd adjaccnt to thc lowcr functioning or Icss scnsitivc portion as dcmonstratcd by a critical areas rcport from a qualificd profcscional. b. Thcrc arc no fclaciblc altcrnativcs to thc sits dccign that could bc accomplichcd without buffcr avcraging, and thc avcragcd buffcr will not result in dcgradation of thc watcrcoursc's functions and valucs as dcmonstratcd by a critical aroas rcport. c. Compliancc with mitigation scqucncing rcquircmcnts (TMC 18.45.075). d. Compliancc with TMC 18.45.158, "Vcgctation Protcction and Managcmcnt." c. Submittal of buffcr cnhanccmcnt plan, mitigation monitoring and maintcnancc plan, along with financial guarantcc in accordancc with this chaptcr. f. Buffcr avcraging shall not advcrccly affcct watcr quality. g. No advcrsc affcct to watcr tcmperaturc or chadc potcntial will occur to thc watcrcoursc using mcthodology per 2011 Washington Statc Dcpartmcnt of Ecology's Crccn Rivcr Tcmperaturc Total Maximum Daily Load (TMDL) asscssmcnt or as amcndcd. 2. Intcrruptcd Buffcr: Waivcr for intcrruptcd buffcr may bc allowcd by thc Dircctor as a Typc 2 Critical Arc€a Pcrmit if it complics with thc following: a. Thc buffcr is intcrruptcd by a pavcd public or privatc road, Icgally constructcd buildings, or parking lots. A buffcr shall not bc dctcrmincd to bc intcrruptcd duc to thc prcscncc of acccssory structures such as shcds and garagcs; and b. Thc cxisting Icgal improvcmcnt crc€atcs a substantial barricr to thc buffcr function; and c. Thc intcrruptcd buffcr docs not providc additional protcction of thc critical area from thc proposcd dcvclopmcnt; and d. Thc intcrruptcd buffcr docs not providc significant hydrological, watcr quality and wildlifc functions, and iargc trccs or othcr significant nativc vcgctation do not cxist; and c. Thc projcct proposcs to cnhancc thc rcmaining buffcr as much as is fcsiblc. 3. Buffcrs for all typcs of watcrcourscs will bc incrc€ascd whcn thcy arc dctcrmincd to bc particularly scnsitivc to disturbancc or thc proposcd dcvclopmcnt will crc€atc unusually advcrsc impacts. Any incrc€asc in thc width of the buffcr shall bc rcquircd only aftcr complction of a watcrcoursc study by a qualificd profcssional or cxpert that documcnts thc basis for cuch incrcscd width. An incrc€asc in buffcr width may bc appropriatc whcn: a. Thc dcvclopmcnt proposal has thc dcmonstratcd potcntial for significant advcrsc impacts upon the watcrcoursc that can bc mitigatcd by an incrclascd buffcr width; or b. Thc arch scrvcs as habitat for cndangcrcd, thrclatcncd, scnsitivc or monitor spccics listcd by thc fcdcral govcrnmcnt or thc Statc. Office of the City Clerk I City of Tukwila Page 206 of 356 Return to Title Or 27C5 C, 2025; Ours 2741 §4 (part), 20211 18.45.110 A. Watcrcoursc Altcrations: No usc or dcvclopmcnt may occur in a watcrcoursc or its buffcr cxccpt as spccifically allowcd by this chaptcr. Any usc or dcvclopmcnt allowcd is subjcct to thc standards of this chaptcr. B. Altcrations: Daylighting and mcondcring of watcrcourscs is cncouragcd. Culvcrt rcplaccmcnt is rcquircd whcrc applicablc, and upgradcs arc rcquircd to mcct Statc standards. Piping, drcdging, divcrting or rcrouting is discouragcd. Culvcrts arc pipcd ccgmcnts of strums that flow undcr a road, trail or drivcway. Daylighting of a strum rcfcrs to taking a ctrc€am out of a pipc that is flowing undcrground, but not ncccssarily undcr a road. All watcrcoursc altcrations shall bc carricd out as cpccificd by thc Statc Dcpartmcnt of Fich and Wildlifc in accordancc with an approvcd Hydraulic Projcct Approval 1. Thc City cncouragcs daylighting of a watcrcoursc that is locatcd in a pipc or mcndcring of a prcviously altcrcd watcrcoursc to rcctorc thc stream to a morc natural and opcn condition. As an inccntivc for daylighting, thc Dircctor may approvc rcduccd buffcrs or sctbacks. Daylighting or mcndcring of a watcrcoursc is only permittcd if thc following critcria arc nnct: a. Thc valucs and functions of thc watcrcoursc arc improvcd, including rcducing stream flow during storm and flood cvcnts, and providing fish and wildlifc habitat. b. No advcrsc impact to fish arc cxpcctcd to occur. c. Watcr quality is cqual or bcttcr than cxisting condition. d. Hydraulic capacity is maintaincd within thc ncw channcl. c. Thc watcrcoursc dcsign complics with thc Washington Dcpartmcnt of Fich and Wildlifc Watcr Crossing Dcsign Cuidclincs Manual 2013 as it now reds and hcrc�ftcr updatcd or amcndcd. 2. On propertics with culvcrts that arc bcing dcvclopcd or rc dcvclopcd, or whcn strum crossings in public or privatc rights of way arc bcing rcplaccd, cxisting culvcrts that carry fish baring watcrcourscs or thosc that could boar fish (bascd on thc critcria in WAC 222 16 031, Washington Forest Practiccs Rulcs and Rcgulations) shall bc upgradcd to mcct thc standards in thc Washington Dcpartmcnt of Fich and Wildlifc Watcr Crossing Dcsign Guidclincs Manual 2013, or ac amcndcd, if tcchnically fcsiblc. Any culvcrt rcplaccmcnt shall comply with thc following critcria: a. Thc valucs and functions of thc watcrcoursc arc improvcd including rcducing strum flow during storm and flood cvcnts, and providing fish and wildlifc habitat. b. No advcrsc impact to fish arc cxpcctcd to occur. c. Watcr quality is cqual or bcttcr than cxisting condition. d. Hydraulic capacity is maintaincd within thc ncw channcl. c. Thc watcrcoursc dcsign complics with thc Washington Dcpartmcnt of Fish and Wildlifc Watcr Crossing Dcsign Cuidclincs manual 2013 as it now reds and hcrc�ftcr updatcd or amcndcd. 3. Piping, drcdging, divcrting or rcrouting of any watcrcoursc shall bc avoidcd, if possiblc. Rclocation of a watcrcoursc or installation of a bridgc is prcfcrrcd to piping. If piping occurs in a watcrcoursc, it shall bc limitcd to thc dcgrcc ncccssary for strum crossings for acccss. Additionally, thcsc altcrations may only occur with thc permission of thc Dircctor as a Typc 2 dccision and subjcct to mitigation scqucncing and an approvcd mitigation plan, and shall mcct thc following critcria: a. Thc watcrcoursc altcration shall comply with thc standards in currcnt usc and thc standards of the Washington Dcpartmcnt of Fish and Wildlifc Watcr Crossing Dcsign Cuidclincs Manual 2013 or as amcndcd. b. Thc watcrcoursc altcration shall not causc advcrsc impacts to fish, confinc thc channcl or floodplain, or advcrscly affcct riparian habitat (including downstrcim habitat). Office of the City Clerk I City of Tukwila Page 207 of 356 Return to Title c. Maintcnancc drcdging of watcrcourscs shall bc allowcd only whcn necessary to protcct public safety, structures and fish passage and shall bc done as infrcqucntly as possiblc. Long tcrm solutions such as stormwatcr retrofits arc prcfcrrcd ovcr ongoing maintenance drcdging. d. Stormwatcr runoff shall bc detained and infiltrated to prcscrvc thc cxisting hydrology of thc watcrcoursc. c. All construction shall bc designed to have thc Ic€ast advcrsc impact on thc watcrcoursc, buffcr and surrounding cnvironmcnt. Construction shall minimizc sedimentation through implcmcntation of bcst management practices for crosion control. f. As a condition of approval, thc Dircctor may rcquirc watcr quality monitoring for stormwatcr discharges to strums, and additional trcitmcnt of stormwatcr if watcr quality standards arc not bcing mct. g. Whcrc allowcd, piping shall bc limitcd to thc shortest Icngth possiblc as dctcrmincd by thc Dircctor to allow access onto a property. h. Whcrc watcr is pipcd for an access point, thosc driveways or entrances shall bc consolidated to scrvo nnultiplc propertics whcrc possible, and to minimizc thc Icngth of piping. f- Piping shall not croatc an cntry point for road runoff, croatc downctroam scour, or sauce erosion or sedimentation. j- Watcr quality must bc as good or bcttcr for any watcr cxiting thc pipc as for thc watcr cntcring thc pipc, and flow must bc comparable. 1. Thc following shall bc conoidcrcd thc minimum standards for approvcd mitigation projccts: a. Maintcnancc or improvcmcnt of strum channcl habitat and dimcnsions such that thc fisheries habitat functions of thc compensatory strum mcct or cxcccd that of thc original strum; b. Bank and buffcr configuration rcstorcd to an cnhanccd state; c. Channel, bank and buffcr areas replanted with native vcgctation that improvcs upon thc original condition in opccics divcroity and dcnoity; d. Strc€am channcl bcd and biofiltration systcms equivalent to or bcttcr than in thc original strum; c. Original fish and wildlifc habitat cnhanccd unlcsc tcchnically not feasible; and f. If oncitc mitigation is not possiblc and to ensure thcrc is no nct loss of watcrcoursc functions including, but not limitcd to, shading, thc applicants may pay into an in lieu fund, if available, to cnsurc that projccts arc fully mitigatcd. 2. Relocation of a watcrcoursc shall not moult in thc new critical area or buffcr cxtcnding bcyond thc dcvclopmcnt citc and onto adjacent property without thc written agreement of thc affected property owncrs. D. Mitigation Timing: Mitigation construction shall bc complctcd bcforc modification of thc cxisting watcrcoursc. The Dircctor may allow activities that permanently disturb a watcrcoursc prior to implcmcntation of thc mitigation plan undcr the following circumstances: 1. To allow planting or rc vcgctation to occur during optimal woathcr conditions; or 2. To avoid dioturbancc during critical wildlifc periods; or 3. To account for uniquc sitc constraints that dictate construction timing or phasing. E. Mitigation Plan Contcnt: All impacts to a watcrcoursc that degrade thc functions of thc watcrcoursc or its buffcr shall bc avoided. If altcration to thc watcrcoursc or buffcr is unavoidable, all advcrsc impacts moulting from a dcvclopmcnt proposal or altcration shall bc mitigatcd in accordance with an approvcd mitigation plan as dcscribcd bclow. 1. Mitigation plans shall bc complctcd for any proposals of drcdging, filling, divcrting, piping and rcrouting of watcrcourscs or buffcr impacts and shall bc developed as part of a critical area study by a qualified professional. Thc plan Office of the City Clerk I City of Tukwila Page 208 of 356 Return to Title must show how watcr quality, treatment, crosion control, pollution rcduction, wildlifc and fish habitat, and general watcrcoursc quality would bc improved. 2. Thc scopc and contcnt of a mitigation plan shall bc decided on a casc by casc basis taking into account tho dcgrcc of impact and cxtcnt of mitigation measures nccdcd. As thc impacts to thc watcrcoursc or its buffcr increase, thc mitigation plan to offsct thcsc impacts will increase in cxtcnt and complcxity. 3. Thc componcnts of a complctc mitigation plan arc as follows: a. Basclinc information including cxisting watcrcoursc conditions such as hydrologic patterns/flow rates, stream gradient, bank full width, strum bcd conditions, bank conditions, fish and othcr wildlifc usc, in strum structures, riparian conditions, buffcr characteristics, watcr quality, fish barriers and othcr relevant information. b. Environmental goals and objcctivcs that dcscribc thc purposes of thc mitigation measures. This should includc a description of site selection critcria, idcntification of target cvaluation species and functions. c. Pcrformancc standards for fulfilling environmental goals and objcctivcs and for triggcring remedial action or contingcncy measures. Pcrformancc standards may includc watcr quality standards, species richness and diversity targets, habitat divcrsity indiccs, creation of fish habitat, or othcr ecological, geological or hydrological critcria. d. Detailed construction plan of thc written specifications and dcscriptions of mitigation tcchniqucs. This plan chould includc thc proposed construction sequence and construction management, and bc accompanied by detailed site diagrams and blucprints that arc an integral rcquircmcnt of any development proposal. c. Monitoring andlor cvaluation program that outlincs thc approach for assessing a complctcd projcct. At (east fivc yoars of monitoring is rcquircd. An outline shall bc included that spells out how thc monitoring data will bc evaluated by agencies that arc tracking thc mitigation projcct's proccss. For projccts that discharge stormwatcr to a strum, thc Director may rcquirc watcr quality monitoring. f. Contingency plan idcntifying potcntial sources of action and any corrcctivc moacures to bc taken when monitoring or cvaluation indicates projcct performance standards havc not bccn mct. g. Pcrformancc security or othcr assurance dcviccs as described in TMC 18.45.210. N rd 2165 Ft, 2025, Ord 2141 §4 (part , 20241 18.45.120 , A. Designation: Potcntial areas of gcologic instability includc aroas of potcntial erosion and landslide hazards. Areas of potcntial gcologic instability arc classified as follows: 1. Class 1 areas, which havc a slope of Icsc than 15%; 2. Class 2 areas, which havc a slope bctwccn 15% and 40%, and which arc undcrlain by rclativcly permeable coils; 3. Class 3 areas, which includc aroas sloping bctwccn 15% and 40%, and which arc undcrlain by rclativcly impermeable soils or by bedrock, and which also includc all areas sloping morc stccply than 40%; 1. Class 1 areas, which includc sloping areas with mappablc zoncs of groundwater seepage, and which also include cxisting mappablc landslide dcposits regardless of slopc. B. Mapping: 1. Thc approximate location, cxtcnt, and designation of areas of potcntial gcologic instability arc dcpictcd in tho determined by a qualified professional on a sitc spccific basis. 2. In addition to thc City's Critical Areas Map, thc following publicly available mapping information may bc used to dctcrminc appropriate designations: Office of the City Clerk 1 City of Tukwila Page 209 of 356 Return to Title a. For historic landslidcs, arcs dcsignatcd as quatcrnary slumps, crthflows, mudflows, or landslidcs on maps publishcd by thc U.B. Ccological Survcy or thc WDNR Division of Ccology and Earth Rcsourccs; b. For potcntial or historic landslidcs, thosc arcs mappcd by thc WDNR (slopc stability mapping) as unstablc (U or Class 3), unstablc old slidcs (UOS or Class 4), or unstablc rcccnt slidcs (URS or Class 5); For soil charactcristics, thc U.B. Dcpartmcnt of Agriculturc's Natural Rcsourccs Conscrvation Bcrvicc (NRCS) Official Soil Survcy Data; and d. For gcncral instability, thosc arcs mappcd by thc NRCS as having a significant limitation for building sitc dcvclopmcnt. C. Buffcrs: Thc buffcrs for arcs of potcntial gcologic instability arc intcndcd to: 1. Minimizc long tcrm impacts of dcvclopmcnt on propertics containing critical arcs; 2. Protcct critical arcs from advcrcc impacts during dcvclopmcnt; 3. Prcvcnt loading of potcntially unstablc slopc formations; �. Protcct slopc stability; 5. Providc crosion control and attcnuation of prccipitation surfacc watcr and stormwatcr runoff; and 5. Rcducc loss of or damagc to property. DGcotcchnical Rcports: Each dcvclopmcnt proposal containing or thrcatcncd by an arca of potcntial gcologic instability Class 2 or highcr shall bc subjcct to a gcotcchnical rcport pursuant to thc rcquircmcnts of TMC 18.467940.C. The gcotcchnical rcport shall analyzc and makc rccommcndations on thc nccd for and width of any sctbacks or buffcrs ncccssary to achicvc thc goals and rcquircmcnts of this chaptcr. Dcvclopmcnt proposals shall thcn includc thc buffcr distanccs as dcfincd within thc gcotcchnical rcport. (Ord.. 2765 §78,2025; OrdN 711 §1 (part),2021) 18.45.130 , A. Ccncral: Thc uscs permittcd in thc undcrlying zoning district may bc undcrtakcn on sits that contain arcs of potcntial gcologic instability subjcct to thc standards of this scction and thc rccommcndations of a gcotcchnical study. B. Excmptions: Thc following arcs arc cxcmpt from rcgulation as gcologically hazardous arcs: 1. Tcmporary stockpilcs of topsoil, gravcl, bcuty bark or othcr similar landscaping or construction matcrials; 2. Slopcs rclatcd to matcrials uscd as an cnginccrcd prc load for a building pad; 3. Roadway cmbankmcnts within right of way or road cscmcnts; and 1. Slopcs rctaincd by approvcd cnginccrcd structures. C. Altcrations: 1. Prior to permitting altcration of an arc of potcntial gcologic instability, thc applicant must dcmonstratc one of thc following: a. Thcrc is no cvidcncc of past instability or crth movcmcnt in thc vicinity of thc proposcd dcvclopmcnt, and, whcrc appropriatc, quantitativc analysis of slopc stability indicatcs no significant risk to thc proposcd dcvclopmcnt or surrounding propertics; or b. Thc arc of potcntial gcologic instability can bc modificd or thc projcct can bc dcsigncd so that any potcntial impact to thc projcct and surrounding propertics is climinatcd, slopc stability is not dccrescd, and thc incresc in surfacc watcr dischargc or scdimcntation shall not dccresc slopc stability. 2. Whcrc any portion of an arc of potcntial gcologic instability is cicrcd for dcvclopmcnt, a landscaping plan for thc sitc shall includc rcpl crgrccn and dcciduous), shrubs and groundcovcr. Office of the City Clerk 1 City of Tukwila Page 210 of 356 Return to Title Thc landscaping plan must bc approvcd by thc Dircctor. Rcplaccmcnt vcgctation shall bc sufficient to providc crosion and stabilization protcction. 3. Critical facilities shall not bc sitcd within or bclow an arco of potcntial gcologic instability unlcss thcrc is no practical alternative (demonstrated by thc applicant). 1. Land disturbing activities in an arco of potcntial gcologic instability shall providc for storm water quality and quantity control, including preparation of a TESC and permanent drainagc plan prcparcd by a professional cnginccr licensed in Washington. 5. Unlcss othcrwisc providcd or as part of an approvcd altcration, rcmoval of vcgctation from an arcs of potcntial gcologic instability or its buffcr shall bc prohibited. Whcn permittcd as part of an approvcd altcration, vcgctation rcmoval shall bc minimized to thc extent practicable. 6. Surface drainagc, including downspouts, shall not bc dircctcd across thc facc of an area of potcntial gcologic instability; if drainagc must bc discharged from thc top of a hazard to its toc, it shall bc collected above thc top and dircctcd to thc toc by tight line drain, and providcd with an cncrgy discipativc dcvicc at thc toc for discharge to a cwalc or othcr acceptable natural drainagc areas. 7. Structures and improvcmcnts shall minimizc alterations to thc natural contour of thc slope, and foundations shall bc tiered whcrc possible to conform to existing topography (minimizc grading/cut and fill to amount necessary). 8. Thc proposcd dcvclopmcnt shall not result in grc€atcr risk or a nccd for incrc€ascd buffcrs on neighboring properties. D. Dizclosures, Dcclarations and Covcnants: 1. It shall bc thc responsibility of thc applicant to submit, concictcnt with thc findings of thc gcotcchnical rcport, structural plans that wcrc prcparcd and stamped by a structural cnginccr. Thc plans and spccifications shall bc accompanied by a Icttcr from thc gcotcchnical cnginccr who prcparcd thc gcotcchnical rcport stating that in his/her judgment thc plans and cpccifications conform to thc rccommcndations in thc gcotcchnical rcport, thc risk of damagc to thc proposcd dcvclopmcnt citc from soil instability will bc minimal subjcct to thc conditions set forth in thc rcport, and thc proposcd dcvclopmcnt will not increacc thc potcntial for soil movcmcnt. 2. Further rccommcndations cigncd and coaled by thc gcotcchnical cnginccr shall bc providcd should thcrc be additions or cxccptions to thc original rccommcndations based on thc plans, sitc conditions or othcr supporting data. If the gcotcchnical cnginccr who rcvicws thc plans and spccifications is not thc same cnginccr who prcparcd thc gcotcchnical report, thc new cnginccr shall, in a Icttcr to thc City accompanying thc plans and spccifications, cxprcss his or hcr agreement or disagreement with thc rccommcndations in thc gcotcchnical rcport and state that thc plans and spccifications conform to his or hcr rccommcndations. 3. Thc architect or structural engineer shall submit to thc City, with thc plans and spccifications, a Icttcr or notation on thc dccign drawings at thc time of permit application stating that he or chc has rcvicwcd thc gcotcchnical rcport, explained to thc owncr thc risks of losro duc to clidcs on thc site, and has incorporated into thc design thc rccommcndations of thc rcport and established measures to rcducc thc potcntial risk of injury or damagc that might bc cauccd by any earth movcmcnt prcdictcd in thc rcport. 1. Thc owncr shall cxccutc a Critical Areas Covenant and Hold Harmlcss Agreement running with thc land on a form providcd by thc City. Thc City will filc thc completed covcnant with thc King County Dcpartmcnt of Rccords and Liccnsing Scrviccs at thc cxpcncc of thc applicant or owncr. A copy of thc recorded covcnant will bc forwarded to thc owncr. E. Assurance Dcviccs: Whcncvcr thc City dctcrmincs that thc public intcrcst would not bc served by thc issuance of a permit in an arch of potcntial gcologic instability without assurance of a mans of providing for restoration of areas disturbed by, and repair of property damagc cauccd by, clidcs arising out of or occurring during construction, thc Dircctor may rcquirc assurance dcviccs pursuant to TALC 18.45.210. Office of the City Clerk I City of Tukwila Page 211 of 356 Return to Title 1. Whcrc rccommcndcd by thc gcotcchnical rcport, thc applicant shall rctain a gcotcchnical cnginccr to monitor thc sitc during construction. Thc applicant shall preferably rctain thc gcotcchnical cnginccr who prepared thc final gcotcchnical rccommcndations and rcvicwcd thc plans and spccifications. If a diffcrcnt gcotcchnical cnginccr is retained by thc owncr, thc new gcotcchnical cnginccr shall submit a letter to thc City stating whcthcr or not he/shc agrees with the opinions and rccommcndations of thc original gcotcchnical cnginccr. Furthcr rccommcndations, signcd and sc€alcd by the gcotcchnical cnginccr, and supporting data shall bc providcd should thcrc bc exceptions to thc original rccommcndations. 2. Thc gcotcchnical cnginccr shall monitor, during construction, compliance with thc rccommcndations in the gcotcchnical rcport, particularly sitc cxcavation, shoring, soil support for foundations including pilcs, subdrainagc installations, coil compaction and any othcr gcotcchnical aspects of thc construction. Unlcss othcrwisc approvcd by thc City, thc specific rccommcndations contained in thc soils rcport must bc implemented by thc owncr. Thc gcotcchnical cnginccr shall make writtcn, datcd monitoring rcports on thc progress of thc construction to thc City at such timcly intervals as shall bc specified. Omissions or deviations from thc approvcd plans and spccifications shall bc immediately rcportcd to thc City. Thc final construction monitoring rcport shall contain a statement from thc gcotcchnical cnginccr that based upon his or her professional opinion, cite observations and toting during thc monitoring of thc construction, thc complctcd dcvclopmcnt substantially complics with thc rccommcndations in thc gcotcchnical rcport and with all gcotcchnical related permit requirements. Occupancy of thc project will not bc approvcd until thc rcport has bccn rcvicwcd and accepted by thc Dircctor. 1. Substantial wcight shall bc given to ensuring continucd elope stability and thc moulting public health, safety and welfare in dctcrmining whcthcr a dcvclopmcnt should bc allowed. 2. Thc City may impocc conditions that address cite work problcms which could includc, but arc not Iimitcd to, limiting all cxcavation and drainagc installation to thc drycr season, or scqucncing activitics such as installing crosion control and drainagc systcms well in advancc of construction. A permit will bc dcnicd if it is dctcrmincd by thc Dircctor that thc dcvclopmcnt will incroacc thc potcntial of coil movcmcnt that moults in an unacccptablc rick of damagc to thc proposed dcvclopmcnt, its sitc or adjaccnt propertics. N,Ord. 2741 §4 (pant), 20241 18.45.140 Coal coin„ Ha and mee A. Development of a sitc containing an abandoncd minc area may bc permitted whcn a gcotcchnical rcport shows that cignificant ricks associated with thc abandoncd minc workings can bc eliminated or mitigated co that thc cite is safc. Approval shall bc obtained from thc Dircctor bcforc any building or land altering permit proccsscs bcgin. B. Any building setback or land alteration shall bc based on thc gcotcchnical rcport. C. Thc City may impocc conditions that address cite work problcms which could includc, but arc not Iimitcd to, limiting all cxcavation and drainagc installation to thc drycr season, or scqucncing activitics such as installing drainagc systcms or erosion controls well in advancc of construction. A permit will bc dcnicd if it is dctcrmincd that thc dcvclopmcnt will incroace thc potcntial of soil movcmcnt or result in an unacccptablc risk of damagc to thc proposed dcvclopmcnt or adjaccnt propertics. D. Thc owncr shall cxccutc a Critical Arc€as Covenant and Hold Harmlcss Agreement running with thc land on a form providcd by the City. Thc City will file-thc complctcd covenant with thc King Cou at thc expense of thc applicant or owncr. A copy of thc recorded covenant will bc forwarded to thc owncr. VOrd 2141 §4 (pant), 20241 Office of the City Clerk 1 City of Tukwila Page 212 of 356 Return to Title 18.45.150 , A. Designation: 1. Fish and wildlifc habitat conscrvation areas includc thc habitats listed bclow: a. Areas with which endangered, thrc�tcncd, and scnsitivc spccics have a primary association; b. Habitats and spccics of local importance, including but not limited to bald c€aglc habitat, hcron rookeries, mudflats and marshes, and areas critical for habitat conncctivity; c. Naturally occurring ponds undcr 20 acrcs and thcir submcrgcd aquatic bcds that providc fish or wildlife habitat; d. Watcrs of thc Statc; c. Statc natural arch preserves and natural resource conscrvation areas; and f. Lakcs, ponds, streams, and rivcrs planted with gamc fish by a governmental or tribal cntity. 2. Typc S watcrcourscs, including thc Crccn/Duwamish Rivcr, arc regulated undcr TMC 18.44 and not undcr this chaptcr. 3. Wetlands and watcrcourscs arc addresccd undcr TMC 18.45.080, 18.45.090, 18.45.100 and 18.45.110, and not undcr this scction. B. Mapping: 1. Thc approximate location and cxtcnt of known fish and wildlifc habitat conscrvation areas arc idcntificd by the City's Critical Areas Maps, invcntorics, opcn space zoncs, and Natural Environmcnt Background Rcport. 2. In addition to thc Critical Areas Maps, thc following maps arc to bc used as a guidc for thc City, but do not providc a final habitat arch designation: a. Washington Statc Dcpartmcnt of Fish and Wildlifc Priority Habitat and Spccics Maps; b. Anadromous and resident salmonid distribution maps contained in thc Habitat Limiting Factors rcport for thc Crccn/Duwamish and Ccntral Pugct Sound Watcrshcds publishcd by King County and thc Washington Conscrvation Commission; and c. NOM Digital Coast for Washington Statc. C. Buffcrs: 1. Each dcvclopmcnt proposal on, adjaccnt to, or with thc potcntial to impact a Fish and Wildlifc Habitat Conscrvation Area other than wetlands and watcrcourscs shall bc subject to a habitat assessment rcport pursuant to thc rcquircmcnts of TMC 18.45.040.B. Thc habitat assessment shall analyzc and makc rccommcndations on thc need for and width of any setbacks or buffcrs necessary to achieve thc goals and rcquircmcnts of this chaptcr, with specific consideration of Priority Habitats and Spccics Managcmcnt Rccommcndations from thc Washington Dcpartmcnt of Fish and Wildlifc. Rccommcndcd buffcrs shall bc no less than 100 feet in width. 2. Buffcrs may bc incrc€ascd by thc Director whcn an area is dctcrmincd to bc particularly scnsitivc to the disturbance crc€atcd by a dcvclopmcnt. Such a dccision will bc based on a City rcvicw of thc rcport as prepared by a qualified biologist and by a cite visit. D. Uscs and Standards: Each dcvclopmcnt proposal on, adjaccnt, or with thc potcntial to impact a Fish and Wildlifc Habitat Conservation Area that is not fully addressed undcr TMC 18.45.080, 18.45.090, 18.45.100 and 18.45.110 shall be cubjcct to a habitat assessment rcport pursuant to thc rcquircmcnts of TMC 18.45.040.B. Thc habitat assessment chali analyzc potcntial impacts to Fish and Wildlifc Habitat Conscrvation Arc€as and makc rccommcndations to minimizc such impacts, with cpccific concidcration of Priority Habitats and Spccics Managcmcnt Rccommcndations from thc Washington Dcpartmcnt of Fish and Wildlifc. Ors 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 213 of 356 Return to Title 18.45.155 A. Additional Rcgulations: Rcgulations govcrning Spccial Hazard Flood Arcs arc found in TMC 16.52, "Flood Plain Managcmcnt," and TMC 18.45.155.B. 1. Whcn dcvclopmcnt is proposcd within a Spccial Hazard Flood arc, a floodplain habitat asscssmcnt shall be prepared pursuant to thc rcquircmcnts of TMC 18.45.040.B. 2. Thc floodplain habitat asscssmcnt shall address thc effects of thc dcvclopmcnt on federally listcd salmon, including, but not limited to thc following: a. Impervious surfaces, b. Floodplain storage and conveyance, c. Floodplain and riparian vcgctation, and d. Stormwatcr drainage. 3. If thc floodplain habitat asrccscmcnt concludcs that thc projcct is cxpcctcd to havc an adverse cffcct on listcd cpccics as evaluated undcr thc guidancc issued for ESA compliance undcr thc National Flood Insurance Program in Pugct Sound, thc applicant shall mitigate thosc impacts. Such mitigation shall bc consistent with, or in addition to, any mitigation rcquircd by this chapter and shall bc incorporated into thc approved projcct plans. C. Activitics Excmpt from Floodplain Habitat Asscssmcnt: A floodplain habitat asscssmcnt is not rcquircd undcr thc following circumstances: 1. Projects that arc undcrgoing or havc undcrgonc consultation with thc National Marinc Fisheries Scrvicc undcr thc Endangered Species Act. 2. Rcpair or rcmodcling of an cxicting ctructurc, if thc rcpair or rcmodcling is not a substantial improvcmcnt. 3. Expansion of an cxicting ctructurc that is no groatcr than 10 perccnt bcyond its cxicting footprint; providcd that thc repairs or rcmodcling arc not a substantial improvcmcnt, or a rcpair of substantial damage. This mcsurcmcnt is countcd cumulatively from Scptcmbcr 22, 2011. If thc ctructurc is in thc floodway, thcrc shall bc no change in thc dimensions perpendicular to flow. 4. Activitics with thc solc purposc of crating, restoring, or enhancing natural functions providcd thc activitics do not includc construction of structures, grading, fill, or impervious surfaces. 5. Development of opcn space and rccrational facilities, such as parks and trails, that do not includc structures, fill, impervious surfaces or rcmoval of morc than 5 perccnt of thc nativc vcgctation on that portion of thc property in the regulatory floodplain. 6. Rcpair to on sitc scptic systcms providcd thc ground disturbance is thc minimum necessary. 7. Othcr minor activitics considered to havc no cffcct on listcd cpccics, as intcrprctcd using ESA guidancc issued by thc National Flood Insurancc Program in Pugct Sound and confirmcd through City rcvicw of thc dcvclopmcnt proposal. N rr 165 /9, 2025, Or 111 §1 (part), 20211 18.45.158 A. Purpose: Thc purposc of this scction is to: 1. Regulate thc protection of cxicting trccs and nativc vcgctation in thc critical arcs and thcir buffcrs; 2. Establish rcquircmcnts for rcmoval of invasive plants at thc time of dcvclopmcnt or rc dcvclopmcnt of sitcs; 3. Establish rcquircmcnts for thc long tcrm maintenance of nativc vcgctation to prevent establishment of invasive cpccics and promotc ecosystem processes. Office of the City Clerk 1 City of Tukwila Page 214 of 356 Return to Title B. Applicability: This chaptcr scts forth rulcs and rcgulations to control maintcnancc and clearing of trccs within the City of Tukwila for propertics locatcd within a critical area or its associated buffcr. For propertics locatcd within thc Shorclinc jurisdiction, thc maintcnancc and rcmoval of vcgctation shall bc governed by TMC 18.44, "Shorclinc Ovcrlay." TMC 18.54, "Urban Forestry and Trcc Rcgulations," shall govcrn trcc rcmoval on any undeveloped land and any land zoncd Community Residential (CR) that is dcvclopcd with a rcsidcntial usc. TMC 18.52, "Landscape Rcquircmcnts," shall govcrn the maintcnancc and rcmoval of landscaping on dcvclopcd propertics zoncd commercial, industrial, or multifamily, and on propertics locatcd in thc CR zonc that arc dcvclopcd with a non rcsidcntial usc. Thc most stringcnt rcgulations shall apply in casc of a conflict. C. Vcgctation Rctcntion and Rcplaccmcnt: 1. Rctcntion: a. Nativc vcgctation in critical areas and thcir buffcrs must bc protected and maintaincd. No rcmoval of native vcgctation is allowed without prior approval by thc City cxccpt in cases of cmcrgcncy whcrc an immincnt hazard to public lifc, safety or property cxicts. Vcgctation may bc rcmovcd from thc buffcr as part of an enhancement plan approvcd by the Dircctor. Enhanccmcnts will cncurc that dope stability and wetland quality will bc maintaincd or improvcd. Any temporary disturbance of thc buffcrs shall bc replanted with a divcrsc plant community of nativc northwcst spccics. b. Invacivc vcgctation (blackberry, ivy, laurel, ctc.) may bc rcmovcd from a critical arch or its buffcr cxccpt ctccp slopcs without a permit if rcmoval docs not utilizc hc€avy cquipmcnt. Thc usc of hcrbicidc by a licensed contractor with certifications as nccdcd from thc Washington Dcpartmcnt of Ecology and thc Washington Dcpartmcnt of Agriculture b permitted but rcquircs notification prior to application to thc City and shall comply with TMC 18.45.158.E.3. Invacivc vcgctation rcmoval on stccp slopcs rcquircs prior City approval. c. Hazardous or dcfcctivc trccs, as dcfincd in TMC 18.06, may bc rcmovcd from a critical arch if threat poccd by thc trcc is immincnt. If thc hazard is not obvious, an asrccscmcnt by a ccrtificd profcsrcional, as dcfincd in TMC 18.06, may bc rcquircd by thc Dircctor. Dc€ad and hazardous trccs should remain standing or bc cut and placed within thc critical arch to thc extent practicable to maximize habitat. Trcc rcplaccmcnt in accordance with this chaptcr is rcquircd for any hazardous trcc rcmovcd from a critical arch. d. In thc casc of dcvclopmcnt or rc dcvclopmcnt, as many significant trccs and as much nativc vcgctation as posrciblc arc to bc retained on a cite, taking into account thc condition and agc of thc trccs. As part of a permit application including, but not limited to, subdivision, dcsign rcvicw, or building permit rcvicw, thc Dircctor may rcquirc alterations in the arrangement of buildings, parking or othcr of propoccd dcvclopmcnt in erdcr to retain significant vcgctation. 2. Pcrmit Rcquircmcnts: Prior to any trcc rcmoval or cite clearing, unlcsc it is part of Spccial Pcrmiscion approval for intcrruptcd buffcr, buffcr averaging or othcr critical areas deviation, a Typc 2 Critical Arc€a Trcc Rcmoval and Vcgctation Clewing Pcrmit application that mccts thc application rcquircmcnts of TMC 18.104 must bc cubmittcd to thc Dcpartmcnt. 3. Criteria for Trcc Rcmoval in a Critical Aroma or its Buffcr: A Typc 2 Critical Arc €a Trcc Rcmoval and Vcgctation Clewing Pcrmit application shall only bc approvcd if thc proposal complics with thc following criteria as applicable: a. Thc cite is undcrgoing dcvclopmcnt or redevelopment. b. Trcc poscs a risk to structures. c. Thcrc is immincnt potcntial for root or canopy interference with utilitics. d. Trcc intcrfcrcs with thc access and passage on public trails. c. Trcc condition and hcIth is poor; thc City may rcquirc an cvaluation by an Intcrnational Socicty of Arboristb (ISA) ccrtificd arborict. f. Trccs prcscnt an immincnt hazard to thc public. If thc hazard is not wdily apparent, thc City may require an cvaluation by an Intcrnational Socicty of Arboricts (ISA) ccrtificd arborict. g. Thc proposal complics with trcc rctcntion, rcplaccmcnt, maintcnancc and monitoring rcquircmcnts of this chaptcr. Office of the City Clerk I City of Tukwila Page 215 of 356 Return to Title 4. Trcc Rcplaccmcnt Rcquircmcnts: Whcrc permittcd, significant trccs that arc rcmovcd, illegally toppcd, or pruncd by morc than 25% within a critical arcs shall bc rcplaccd pursuant to thc Trcc Rcplaccmcnt Rcquircmcnts Tablc (bclow), up to a dcnsity of 100 trccs per acrc (including cxisting trccs). Significant trccs that arc part of an approvcd landscapc plan on thc dcvclopcd portion of thc sitc arc subjcct to rcplaccmcnt per TMC 18.52. Dc�d or dying trccs rcmovcd that arc part of an approvcd landscapc plan on thc dcvclopcd portion of thc sitc shall bc rcplaccd at a 1:1 ratio in thc next appropriate planting season. Dc�d or dying trccs located within thc critical arcs or its buffcr shall bc Icft in place as wildlifc snags, unless thcy prcscnt a hazard to structures, facilities or thc public. Rcmoval of dcd, dying or othcrwisc hazardous trccs in non dcvclopcd arclas arc subjcct to thc rcplaccmcnt rcquircmcnts listcd in thc "Trcc Rcplaccmcnt Rcquircmcnts" Tablc bclow. Thc Dircctor may rcquirc additional trccs or shrubs to bc installed to mitigate any potential impact from thc loss of this vegetation as a rccult of new dcvclopmcnt. Tablc 18.45.158 1 Trcc Rcplaccmcnt Rcqulrcmcntb Diamctcr* of Trcc Rcmovcd ref Rat Trccs Rcquircd 4 6 inches (single trunk); 2 inchc3 (any trunk of a multi trunk trcc) 8 Ovcr 6 8 inchca 4 Ovcr 8 20 inchca Ovcr 20 inchca 8 5. If all rcquircd rcplaccmcnt trccs cannot bc reasonably accommodated on thc cite, thc applicant shall pay into a trcc rcplaccmcnt fund in accordance with thc Consolidated Pcrmit Fcc Schedule adopted by resolution of thc City Council. 6. Topping of trccs is prohibitcd and will bc rcgulatcd as rcmoval subject to thc Trcc Rcplaccmcnt Requirements Tablc listcd abovc. 7. Pruning of trccs shall not cxcccd 25% of canopy in a 36 month period. Pruning in cxccss of 25% canopy shall bc rcgulatcd as rcmoval with trcc rcplaccmcnt rcquircd per thc Trcc Rcplaccmcnt Rcquircmcnts Tablc listcd abovc. Trccs may only bc pruncd to lower thcir hcight to prevent intcrfcrcncc with an overhead utility line with prior approval by thc Dircctor as part of Typc 2 Critical Arc €a Trcc Rcmoval and Vcgctation Clcring Pcrmit. Thc pruning must bc carried out undcr the dircction of a Qualificd Trcc Profcscional or performcd by thc utility providcr undcr thc dircction of a Qualificd Trcc Professional. Thc crown shall bc maintained to at Ic€ast 2/3 thc hcight of thc trcc prior to pruning. D. Trcc Protcction: All trccs not proposed for rcmoval as part of a projcct or dcvclopmcnt shall bc protected using Bcct Managcmcnt Practices and thc standards bclow. 1. Thc Critical Root Zoncs (CRZ) for all trccs designated for rctcntion, on cite or on adjacent property as applicable, shall bc identified on all construction plans, including dcmolition, grading, civil and landscapc sitc plans. 2. Any roots within thc CRZ cxposcd during construction shall bc covered immediately and kcpt moist with appropriate materials. Thc City may rcquirc a third party Qualificd Trcc Profcscional to rcvicw long tcrm viability of thc trcc. 3. Physical barricrs, such as 6 foot chain link fcncc or plywood or othcr approvcd equivalent, shall bc placed around clash individual trcc or grouping at thc CRZ. 1. Minimum distances from thc trunk for thc physical barricrs shall bc based on thc approximate agc of thc tree (hcight and canopy) as follows: a. Young trccs (trccs which havc reached Icsc than 20% of life cxpcctancy): 0.75 per inch of trunk diamctcr. b. Mature trccs (trccs which havc rc€achcd 20 80% of life cxpcctancy): 1 foot per inch of trunk diamctcr. c. Over mature trccs (trccs which havc reached greater than 80% of life cxpcctancy): 1.5 feet per inch of trunk diamctcr. 5. Alternative protcction mcthods may bc used that providc equal or greater trcc protcction if approvcd by the Dircctor. Office of the City Clerk 1 City of Tukwila Page 216 of 356 Return to Title 6. A wc�thcrproof sign shall bc installcd on thc fcncc or barrier that reds: "TREE PROTECTION ZONE THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbancc, parking, storagc, dumping or burning of matcrials is allowcd within thc Critical Root Zonc. Thc valuc of this trcc is $ [insert valuc of trcc as dctcrmincd by a Qualificd Trcc Profcssional hcrc]. Damagc to this trcc duc to construction activity that results in thc dc�th or ncccssary rcmoval of thc trcc is subjcct to thc Violations scction of TMC 18.45." 7. All trcc protcction mc€sures installcd shall bc inspected by thc City and, if dccmcd ncccssary a Qualificd Trco Profcssional, prior to bcginning construction or corth moving. 8. Any branches or limbs that arc outsidc of thc CRZ and might bc damaged by machinery shall bc pruned prior to construction by a Qualificd Trcc Professional. 9. Thc CRZ shall bc covered with 4 to 6 inches of wood chip mulch. Mulch shall not bc placed dircctly against the trunk. A 6 inch arc around thc trunk shall bc free of mulch. Additional mcsurcs, such as fertilization or supplemental water, �truction if dccmcd ncccssary by thc thc trccs for thc stress of construction activities. 10. No storagc of cquipmcnt or rcfusc, parking of vchicics, dumping of matcrials or chemicals, or placement of permanent heavy structures or itcms shall occur within thc CRZ. 11. No gradc changcs or soil disturbancc, including trcnching, shall bc allowcd within thc CRZ. Cradc changcs within 10 fcct of thc CRZ shall bc approvcd by thc City prior to implementation. 12. Thc applicant is rccponciblc for cncuring that thc CRZ of trccs on adjacent propertics arc not impacted by the proposed dcvclopmcnt. 13. A prc construction incpcction shall bc conductcd by thc City to finalize trcc protcction actions. 14. Post construction inspection of protcctcd trccs shall bc conductcd by thc City and, if dccmcd ncccssary by thc City, a Qualificd Trcc Profcssional. All corrective or reparative pruning will bc conductcd by a Qualificd Trcc Profcssional. E. Plant Matcrials Standards: For any new dcvclopmcnt, redevelopment or restoration in a Critical Arcaa, invasive vcgctation must bc rcmovcd, and nativc vcgctation plantcd and maintaincd in thc Critical Arc€a and its buffcr. 1. A planting plan prepared by a qualified biologist shall bc submittcd to thc City for approval that shows plant cpccics, size, number, spacing, soil prcparation irrigation, and invasive species rcmoval. Thc requirement for a biologist may bc waived by thc Dircctor whcn thc mitigation arco is Icss than 1,500 square fcct. 2. Invacivc vcgctation must bc rcmovcd as part of cite prcparation and nativc vcgctation plantcd in thc Critical Arc€a and its buffcr whcrc impacts occur. 3. Rcmoval of invasivc spccics shall bc donc by hand or with hand hcld powcr tools. Thc use of hcrbicidc by a aiccnccd contractor with ccrtific of Agriculture is permittcd but rcquircs notification prior to application to thc City and shall comply with this TMC 18.45.158.E.3. Whcrc rcmoval is not fcsiblc by hand or with hand hcld powcr tools and mcchanizcd cquipmcnt is nccdcd, thc applicant must obtain a Typc 2 permit prior to work bcing conductcd. Rcmoval of invasivc vcgctation must bc conductcd so that the clopc stability, if applicable, will bc maintaincd and nativc vcgctation is protcctcd. A plan must bc submittcd indicating how thc work will bc donc and what erosion control and trcc protcction features will bc utilized. Fcdcral and Statc permits may bc required for vcgctation rcmoval with mcchanizcd cquipmcnt. 1. Rcmoval of invasivc vcgctation may bc phased ovcr several years prior to planting, if such phasing is providcd for by a plan approvcd by thc Dircctor to allow for alternative approaches, such as chest mulching and goat grazing. The method scicctcd shall not destabilize thc bank or cause crosion. 5. A combination of nativc trccs, shrubs and groundcovcrs (including but not limited to grasses, scdgcs, rushes and vincs) shall bc plantcd. Sitc conditions, such as topography, cxpocurc, and hydrology shall bc taken into account for plant scicction. Othcr spccics may bc approvcd if thcrc is adequate justification. Office of the City Clerk I City of Tukwila Page 217 of 356 Return to Title 6. Non nativc trccs may bc uscd as strcct trccs in cases whcrc conditions arc not appropriate for nativc trccs (for example whcrc thcrc arc space or hcight limitations or conflicts with utilitics). 7. Plants shall mcct thc current Amcrican Standard for Nurscry Stock (Amcrican Nurscry and Landscape Association ANLA). 8. Smaller plant sizcs (generally one gallon, barcroot, plugs, or stakcs, dcpcnding on plant spccics) arc prcfcrrcd for buffcr plantings. Willow stakcs must bc at Ic€ast 1/2 inch in diameter. For cxisting developed areas rcfcr to TMC 18.52, "Landscape Rcquircmcnts," for plant sizcs in rcquircd landscape areas. 0. Sitc preparation and planting of vcgctation shall bc in accordancc with Bcst Managcmcnt Practiccs for ensuring thc vegetation's long tcrm health and survival. Irrigation is rcquircd for all plantings for thc first thrcc years as approvcd by thc Dircctor. 10. Plants may bc ccicctcd and placed to allow for public and private vicw corridors with approval by Dircctor. 11. Nativc vcgctation in critical areas and thcir buffcrs installed in accordancc with thc preceding standards shall bc maintained by thc property owncr to promotc healthy growth and prevent cctablichmcnt of invacivc spccics. Invasive plants (such as blackberry, ivy, knotwccd, bindwccd) shall bc rcmovcd on a regular basis, according to thc approvcd maintenance plan. 12. Critical areas, including ctccp elopes dicturbcd by rcmoval of invacivc plants or dcvclopmcnt, shall bc rcplantcd with nativc vcgctation whcrc necessary to maintain thc density shown in thc Critical Arc €a Buffer Vcgctation Planting Densities Tablc bclow, and must bc rcplantcd in a timely manner cxccpt where a long tcrm rcmoval and rc vcgctation plan, as approvcd by thc City, is bcing implcmcntcd. Tablc 18.45.158-2-- Stakcs/cuttings along strcambank (willow3, rcd osicr dogwood) 1 2 fcct on ccntcr or per bioengineering method 3 5 fcct on ccntcr, dcpcnding on 3pccic3 Trees 15 20 fcct on ccntcr, dcpcnding on 3pccic3 Croundcovcr3, gra33c3, 3cdgc3, ru3hc3, othcr herbaceous plant) 1 1.5 fcct on ccntcr, dcpcnding on 3pccic3 Nativc sccd mixes 5 25 lbs. per acrc, dcpcnding on species 13. Thc Dircctor, in consultation with thc City's cnvironmcntalict, may approve thc ucc of shrub planting and installation of willow stakcs to bc counted toward thc trcc replacement standard in thc buffcr if proposcd as a measure to control invacivc plants and incroacc buffcr function. F. Vcgctation Managcmcnt in Critical Areas: Thc rcquircmcnts of this scction apply to all cxisting and new dcvclopmcnt within critical aroas. 1. Trccs and shrubs may only bc pruncd for safety, to maintain acccsrc corridors and trails by pruning up or on the cidcs of trccs, to maintain clearance for utility lines, and/or for improving critical arc ecological function. No morc than 25% may bc pruncd from a trcc within a 36 month period without prior City rcvicw. This typc of pruning is cxcmpt from any permit rcquircmcnts. 2. Plant dcbris from rcmoval of invasive plants or pruning shall bc rcmovcd from thc sitc and disposcd of properly unlcsrc on cite ctoragc is approvcd by thc Dircctor. Pcr King County Noxious Wccd Control Program guidclincs, rcgulatcd noxious wccds shall bc dicpoccd of in thc landfill/trash and non rcgulatcd noxious wccds may bc dicpoccd of in grccn waste or compostcd on sitc. 3. Uzc of pcsticidcs: a. Pcsticidcs (including hcrbicidcs, insccticidcs, and fungicidcs) shall not bc uscd in thc critical arc or its buffcr cxccpt whcrc: Office of the City Clerk 1 City of Tukwila Page 218 of 356 Return to Title (1) Alternatives such as manual removal, biological control, and cultural control arc not feasible givcn the size of thc infestation, sitc charactcristics, or thc charactcristics of thc invasivc plant spccics and hcrbicidc is dctcrmincd to bc Ic€ast ecologically impactful; (2) Thc usc of pcsticidcs has bccn approvcd by thc City through a comprchcnsivc vcgctation or pcst managcmcnt and monitoring plan, or a King County Noxious Wccd Control Program Bcst Managcmcnt Practiccs documcnt; (3) Thc pcsticidc is applied in accordance with state regulations; (1) Thc proposcd hcrbicidc is approvcd for aquatic usc by thc U.B. Environmcntal Protcction Agcncy; and (5) Thc usc of pcsticidcs in thc critical area jurisdiction is approvcd by thc City and thc applicant presents a copy of thc Aquatic Pcsticidc Pcrmit issucd by thc Dcpartmcnt of Ecology or Washington Dcpartmcnt of Agriculture, if rcquircd. b. Sclf contained rodcnt bait boxcs dccigncd to prevent acccsc by othcr animals arc allowed. c. Sports ficlds, parks, golf courscs and othcr outdoor recreational uscs that involvc maintcnancc of extensive areas of turf shall implcmcnt an intcgratcd turf managcmcnt program or intcgratcd pest managcmcnt plan dccigncd to ensure that watcr quality in thc critical area is not adversely impacted. 4. Rcstoration Projcct Plantings: Rcstoration projccts may ovcrplant thc sitc as a way to discourage thc rc establishment of invasivc species. Thinning of vcgctation without a separate Typc 2 Critical Arco or Trcc Pcrmit may be permitted fivc to tcn years aftcr planting if this approach is approvcd as part of thc rcstoration projcct's maintcnancc and monitoring plan and with approval by thc City prior to thinning work. C. Maintenance Thc property owncr is rcquircd to ensure thc viability and long tcrm health of vcgctation planted for replacement or mitigation through proper care and maintcnancc for thc life of thc projcct subjcct to permit rcquircmcnts as follows: 1. Trcc Rcplaccmcnt and Vcgctation Clearing Pcrmit Rcquircmcnts: a. Schedule an inspcction with thc City of Tukwila's Urban Environmentalist to documcnt planting of thc correct number and typc of plants. b. Submit annual documentation of trcc and vcgctation health for thrcc (3) years. a. A fivc (5) year monitoring and maintcnancc plan must bc approvcd by thc City prior to permit issuance. The monitoring period will bcgin whcn thc rcstoration is acccptcd by thc City and as built plans havc bccn submittcd. b. Monitoring rcports shall bc submitted annually for City rcvicw up until thc cnd of thc monitoring period. flcports shall measure survival rates against projcct goals and prcscnt contingcncy plans to mcct projcct goals. c. Mitigation will bc complete aftcr projcct goals havc bccn mct and acccptcd by thc City of Tukwila's Urban Environmcntalict. d. A performance bond or financial sccurity equal to 150% of thc cost of labor and materials rcquircd for implcmcntation of thc planting, maintcnancc and monitoring shall bc submittcd prior to City acceptance of projcct. NOrd /65 §80, 2025, Ord /11 §4 (pant), 20211 18.45.160 Critical Area Master Plan Overlay A. Thc purpocc of this section is to providc an alternative to preservation of cxisting individual wetlands, watercourses and thcir buffcrs in situations whcrc an arch widc plan for alteration and mitigation will result in improvcmcnts to watcr quality, fish and wildlifc habitat and hydrology bcyond thocc that would occur through thc strict application of thc provisions of TMC 18.45. B. Thc City Council may designate certain areas as Critical Arco Mactcr Plan Ovcrlay Districts for thc purpocc of allowing and encouraging a comprehensive approach to critical arch protection, restoration, enhancement and creation in Office of the City Clerk 1 City of Tukwila Page 219 of 356 Return to Title appropriatc circumstances utilizing bcst availablc scicncc. Dcsignation of Critical Arc Mastcr Plan Ovcrlay Districts shalR occur through thc Typc 4 dccision proccss established by TMC 18.104. C. Criteria for designating a Critical Arc Mastcr Plan Ovcrlay District shall bc as follows: 1. Thc overlay arc shall bc at Icst 10 acres. 2. Thc City Council shall find that prcparation and implementation of a Critical Arc Mastcr Plan is likely to result in nct improvements in critical arc functions whcn compared to dcvclopmcnt undcr thc general provisions of TMC 18.45. D. Within a Critical Arc Mastcr Plan Ovcrlay District, only thosc uscs permittcd undcr TMC 18.45.070, 18.45.090 and 18.45.110 shall bc allowcd within a Catcgory I wctland or its buffcr. E. Within a Critical Arc Mastcr Plan Ovcrlay District, thc uscs permittcd undcr TMC 18.45.070, 18.45.090 and 18.45.110 and othcr uscs as idcntificd by an approvcd Critical Arc Mastcr Plan shall bc permittcd within Catcgory III and Catcgory IV wctlands and thcir buffcrs; and within Typc F, Np and Ns watcrcourocs and thcir buffcrs, providcd that such uscs arc allowcd by thc underlying zoning designation. F. A Critical Arc Mactcr Plan shall bc prepared undcr thc direction of thc Dircctor of Community Dcvclopmcnt. Concictcnt with cubccction A, thc Dircctor may approvc dcvclopmcnt activity within a Critical Arc Ovcrlay District for thc purpose of allowing and encouraging a comprchcnsivc approach to critical arcs protcction, crction, and cnhanccmcnt that moults in cnvironmcntal bcncfits that may not bc othcrwicc achicvcd through thc application of thc rcquircmcnts of TMC 18.45. C. Thc Dircctor shall considcr thc following factors whcn dctcrmining whcthcr a proposcd Critical Arcs Ovcrlay and Mactcr Plan moults in an ovcrall nct bcncfit to thc cnvironmcnt and is consistcnt with boot availablc scicncc: 1. Whcthcr thc Mastcr Plan is consistcnt with thc goals and policics of thc Natural Environmcnt Elcmcnt and the Shorclincs Elcmcnt (if applicable) of thc Tukwila Comprchcnoivc Plan. 2. Whcthcr the Mastcr Plan is consistcnt with thc purposes of TMC 18.45 as stated in TMC 18.45.010. 3. Whcthcr thc Mastcr Plan includcs a Mitigation Plan that incorporates strcm or wctland restoration, cnhanccmcnt or croation mccting or cxcccding thc rcquircmcnts of TMC 18.45.090 and/or TMC 18.45.110, as appropriatc. 1. Whcthcr proposcd alterations or modifications to critical arcs and thcir buffcrs and/or altcrnativc mitigation moults in an ovcrall nct bcncfit to thc natural cnvironmcnt and improvcs critical arc functions. 5. Whcthcr thc Mitigation Plan givcs opccial conoidcration to conocrvation and protcction moaoures ncccsrcary to prcscrvc or cnhancc anadromous fishcrics. 6. Mitigation shall occur on cite unlcsc othcrwioc approvcd by thc Dircctor. Thc Dircctor may approvc off site mitigation only upon dctcrmining that greater protcction, restoration or cnhanccmcnt of critical arcs could bc achicvcd at an altcrnativc location within thc same watershed. 7. Whcrc fcoiblc, mitigation shall occur prior to grading, filling or rclocation of wctlands or watcrcourocs. 8. At thc discretion of thc Dircctor, a proposcd Mastcr Plan may undcrgo pccr rcvicw, at thc expense of thc applicant. Pccr rcvicw, if utilizcd, shall scrvc as one source of input to bc utilizcd by thc Dircctor in making a final dccision on thc proposcd action. H. A Critical Arc Mastcr Plan shall bc subject to approval by thc Dircctor of Community Dcvclopmcnt. Such approval chall not bc granted until thc Mactcr Plan has bccn evaluated through prcparation of an Environmcntal Impact Statcmcnt (EIS) undcr thc rcquircmcnts of TMC 21.04. Thc EIS shall compare thc cnvironmcntal impacts of dcvclopmcnt undcr the proposcd Mastcr Plan relative to thc impacts of dcvclopmcnt undcr thc standard rcquircmcnts of TMC 18.45. Thc Dircctor chall approvc thc Critical Arc Mactcr Plan only if thc evaluation cloarly demonstrates ovcrall cnvironmcntal bcncfits, giving cpccial consideration to conservation or protcction mcsures necessary to prcscrvc or cnhancc anadromous fishcrics. Office of the City Clerk I City of Tukwila Page 220 of 356 Return to Title I. The critical area buffer widths for those areas that were altered, created or restored as mitigation (Wetland 10, 1, Johnson Creek and the Green River off -channel habitat), at the time of approval of the Sensitive Area Master Plan (SAMP) Permit No. L10-014 shall be vested as shown on Map A to be codified as Figure 18-59; provided the adjacent land was cleared and graded pursuant to a City -approved grading permit; and provided further that those mitigation measures required by the SAMP were performed and meet the ecological goals, in accordance with the terms of the SAMP. Ch 2°/111 §4 (part), 2024 18.45.170 Critical Arca Tracts and Eascmcnt3 A. In dcvclopmcnt proposals for planned residential or mixcd usc developments, short subdivisions or subdivisions, and boundary line adjustments and binding sitc plans, applicants shall create critical areas tracts or easements, in lieu of an opcn opacc tract, per thc standards of thc Planncd Rcoidcntial Development District chapter of this titic. B. Applicants proposing dcvclopmcnt involving uocs othcr than thooc liotcd in TMC 18.45.170.A, on parcels containing critical areas or thcir buffcrs, may cicct to establish a critical areas tract or c€ascmcnt which shall bc: 1. If undcr one owncrship, owncd and maintaincd by thc owncr; 2. If hcld in common owncrship by multiplc owncrs, maintaincd collcctivcly; or 3. Dedicated for public usc if acceptable to thc City or othcr appropriate public agency. C. A noticc shall bc placed on thc property title or plat map that critical arcs tracts or oaccmcnts shall remain jindcvclopcd in perpctuity. Nard.. 2741 4 (mart), 20241 13.4871-80 €xccption3 A. Reasonable Usc Exceptions: 1. If application of TMC 18.45 would dcny all reasonable usc of thc property containing designated critical areas or thcir buffcrs, thc property owncr or thc proponent of a dcvclopmcnt proposal may apply for a roaconablc usc cxccption. 2. Applications for a roaconablc ucc cxccption shall bc a Typc 3 decision and shall bc processed pursuant to TMC 18.104. 3. If thc applicant demonstrates to thc satisfaction of thc Haring Examincr that application of thc provisions of TMC 18.45 would dcny all roaconablc usc of thc property, dcvclopmcnt may bc allowed that is conoiotcnt with thc general purposcs of TMC 18.45 and thc public intcrcst. 1. The Haring Examincr, in granting approval of thc roaconablc ucc cxccption, must dctcrminc that: a. Thcrc is no feasible on sitc alternative to thc proposcd activitics, including rcduction in sizc or dcnsity, modifications of setbacks, buffcrs or othcr land usc restrictions or rcquircmcnts, phasing of projcct implementation, change in timing of activitics, rcvioion of road and lot layout, and/or related cite planning that would allow a roaconablc cconomic use with fcwcr adverse impacts to thc critical araa. b. As a moult of thc proposcd dcvclopmcnt thcrc will bc no unreasonable throat to thc public health, safety or welfare on or off thc dcvclopmcnt proposal sitc. c. Alterations permittcd shall bc thc minimum necessary to allow for reasonable usc of thc property. d. The proposcd dcvclopmcnt is compatible in dcoign, scale and usc with othcr dcvclopmcnt with similar site constraints in thc immediate vicinity of thc subject property if such similar sitcs cxist. c. Dioturbancc of critical aroas and thcir buffcrs has bccn minimizcd to thc groatcot cxtcnt posciblc. f. All unavoidable impacts arc fully mitigated. Office of the City Clerk 1 City of Tukwila Page 221 of 356 Return to Title g. Thc inability to dcrivc reasonable usc of thc property is not thc result of: (1) a segregation or division of a larger parcel on which a reasonable usc was permittablc aftcr thc cffcctivc date of Sensitive Areas Ordinance No. 1599, Junc 10, 1991; (2) actions by thc owncr of thc property (or thc owncr's agents, contractors or othcrs undcr thc owncr's control) that occurrcd aftcr thc cffcctivc date of thc critical areas ordinancc provisions that prcvcnts or interferes with thc reasonable usc of thc property; or (3) a violation of thc critical areas ordinancc. �. Thc Haring Examincr, whcn approving a reasonable usc cxccption, may imposc conditions, including but not limitcd to a rcquircmcnt for submission and implementation of an approvcd mitigation plan dcsigncd to cnsurc that the development: (1) complies with thc standards and policics of this chaptcr to thc extent feasible; and (2) does not create a risk of damagc to othcr property or to thc public health, safcty and wclfarc. f- Approval of a reaoonablc usc cxccption shall not eliminate thc need for any othcr permit or approval othcrwisc rcquircd for a projcct, including but not limitcd to dcsign rcvicw. B. Emergencies: Alterations in rcsponsc to an cmcrgcncy that poscs an immcdiatc threat to public health, safcty or wclfarc, or that poscs an immcdiatc risk of damagc to private property may bc excepted. Any alteration undertaken as are cmcrgcncy shall bc reported within onc business day to thc Community Development Dcpartmcnt. Thc Dircctor shall confirm that an cmcrgcncy cxists and dctcrminc what, if any, mitigation and conditions shall bc rcquircd to protcct thc health, safcty, wclfarc and cnvironmcnt and to repair any damagc to thc critical area and its rcquircd buffcrs. Emcrgcncy work must be approvcd by thc City. If thc Dircctor dctcrmincs that thc action taken, or any part thcrcof, was bcyond thc scopc of an allowed cmcrgcncy action, thcn thc enforcement provisions of TMC 18.45.195 shall apply. N,Ord. 2741 4 (part), 20241 18.45.190 , A. Timc Limitation: Typc 2 Critical Arco Pcrmit decisions for intcrruptcd buffcr, buffcr averaging or othcr alterations shall cxpirc onc year aftcr thc dccision unlcss an cxtcnsion is grantcd by thc Dircctor. Typc 1 Trcc Pcrmits for trcc removal within critical areas or thcir buffcrs shall cxpirc onc year aftcr thc permit is issucd, unlcss an cxtcnsion is grantcd by the Dircctor. Extensions of a Typc 2 Spccial Pcrmiscion or Typc 1 trcc permit may bc grantcd if: 1. Unforeseen circumstances or conditions necessitate thc cxtcnsion of thc permit; and 2. Termination of thc permit would moult in unreasonable hardship to thc applicant; and thc applicant is not responsible for thc delay; and 3. Thc cxtcnsion of thc permit will not cause substantial dctrimcnt to cxisting uscs, critical areas, or critical area buffcrs in thc immcdiatc vicinity of thc oubjcct property. B. Appeals: Any appal of a final dccision made by thc Dcpartmcnt pursuant to TMC 18.45 shall bc an appal of the undcrlying permit or approval. Any such appal shall bc processed pursuant to TMC 18.116. C. In considcring appals of dccisions or conditions, thc following shall bc considcrcd: 1. Thc intcnt and purpoocs of this chaptcr; 2. Technical information and rcports considcrcd by thc Dcpartmcnt; and 3. Findings of thc Dircctor, which shall bc given substantial wcight. Office of the City Clerk 1 City of Tukwila Page 222 of 356 Return to Title D. Vcsting: Projccts arc vcstcd to thc critical areas ordinancc in cffcct at thc timc a complctc permit is submittcd cxccpt for subdivisions, binding sitc plans, and shorclinc permits. Subdivisions or binding sitc plans arc vcstcd to thc critical arch ordinancc in cffcct at thc timc complctc application is submittcd for prcliminary subdivision or for thc binding sitc plan. The final subdivision and all futurc building permits on thc lots remain vcstcd to that same critical areas ordinancc in cffcct for thc prcliminary subdivision or prcliminary binding sitc plan application, s• : -: as building permits arc applied for within fivc (5) years of thc final subdivision. Vcsting provisions for shorclinc permits arc providcd in TMC 18.44. NQrd 2765 §81, 2025, QrdN 2741 4 (pant), 0 4 18.45.195 Violations A. Violations: Failurc to comply with any rcquircmcnt of this chaptcr shall bc deemed a violation subject to cnforccmcnt pursuant to this chaptcr and TMC 8.45. Thc following actions shall bc considered a violation of this chaptcr: 1. To usc, construct or dcmolish a structurc or to conduct clearing, earth moving, construction or othcr dcvclopmcnt not authorized undcr a Spccial Pcrmiscion, Roaconablc Ucc or othcr permit whcrc such permit is rcquircd by this chaptcr. 2. Any work that is not conductcd in accordancc with thc plans, conditions, or othcr rcquircmcnts in a permit approvcd pursuant to this chaptcr, providcd thc terms or conditions arc ctatcd in thc permit or thc approvcd plans. 3. To rcmovc or deface any sign, noticc, complaint or ordcr rcquircd by or postcd in accordancc with this chaptcr. 1. To micrcprcccnt any material fact in any application, plans or othcr information submittcd to obtain any critical area usc, buffcr rcduction or dcvclopmcnt authorization. 5. To fail to comply with thc rcquircmcnts of this chaptcr. B. Pcnaltics: 1. Exccpt as providcd othcrwisc in this scction, any violation of any provision of this chaptcr, or failurc to comply with any of thc rcquircmcnts of this chaptcr, shall bc subjcct to thc pcnaltics prcccribcd in TMC 8.45, "Enforcement". 2. It shall not bc a defence to thc procccution for failurc to obtain a permit rcquircd by this chaptcr that a contractor, subcontractor, person with rcsponsibility on thc sitc, or person authorizing or dirccting thc work crroncously bclicvcd a permit had been iscucd to thc property owncr or any othcr percon. 3. Pcnaltics for Trcc Rcmoval: a. In addition to any othcr pcnaltics or othcr cnforccmcnt allowed by law, any person who fails to comply with thc provisions of this chaptcr also shall bc subjcct to a civil penalty asccsrccd against thc property owncr as cct forth hcrcin. Each unlawfully rcmovcd or damagcd trcc shall constitutc a separate violation. b. Rcmoval or damage of trcc(s) without applying for and obtaining rcquircd City approval is subjcct to a fine of $1,000 per trcc, or up to thc marketable value of Dash trcc rcmovcd or damagcd as dctcrmincd by a Qualificd Trce Professional, whichcvcr is greater. c. Any fincs paid as a rccult of violations of this chaptcr shall bc allocated as follows: 75% paid into thc City's Trcc Fund; 25% into thc Ccncral Fund. d. Thc Dircctor may cicct not to scck pcnaltics or may rcducc thc pcnaltics if he/shc dctcrmincs the circumctanccs do not warrant imposition of any or all of thc civil pcnaltics. c. Pcnaltics arc in addition to thc restoration of rcmovcd trccs through thc remedial measures listed in TMC 18.54.200. f. It shall not bc a defence to thc procccution for a failurc to obtain a permit rcquircd by this chaptcr that a contractor, subcontractor, person with rcsponsibility on thc sitc or person authorizing or dirccting thc work crroncously believes a permit was iscucd to thc property owncr or any othcr percon. Office of the City Clerk 1 City of Tukwila Page 223 of 356 Return to Title C. Rcmcdial Mcsures Rcquircd: In addition to penalties assessed, thc Dircctor shall rcquirc any person conducting work in violation of this chaptcr to mitigate thc impacts of unauthorized work by carrying out rcmcdial measures. 1. Any illegal rcmoval of rcquircd trccs shall bc subject to obtaining a Trcc Pcrmit and rcplaccmcnt with trccs that meet or cxcccd thc functional value of thc rcmovcd trccs. 2. To replace thc trcc canopy lost duc to thc trcc rcmoval, additional trccs must bc planted on sitc. Paymcnt shall bc made into thc City's Trcc Fund if thc numbcr of rcplaccmcnt trccs cannot bc accommodated on sitc. Thc numbcr of rcplaccmcnt trees rcquircd will bc based on thc size of thc trcc(s) rcmovcd as stated in Tablc 18.45.158 1, Trcc Rcplaccmcnt Rcquircmcnts. 3. Thc applicant shall satisfy thc permit provisions as spccificd in this chaptcr. 1. Rcmcdial mc\asures must conform to thc purposes and intcnt of this chaptcr. In addition, rcmcdial measures must meet thc standards specified in this chaptcr. 5. Rcmcdial mclasures must bc completed to thc satisfaction of thc Dircctor within 6 months of thc date a Notice of Violation and Ordcr is iscucd pursuant to TMC 8.45, or within thc time period othcrwicc spccificd by thc Dircctor. 6. Thc cost of any rcmcdial measures necessary to correct violation(s) of this chapter shall bc bornc by the property owncr and/or applicant. Upon thc applicant's failure to implcmcnt rcquircd rcmcdial mesures, thc Dircctor may rcdccm all or any portion of any cccurity submitted-y thc applicant to implcmcnt such rcmcdia this chaptcr. (Ord. 2711 §4 (part),2021) 18.45.197 €nforccmcnt A. Ccncral: In addition to thc Noticc of Violation and Ordcr measures prcscribcd in TMC 8.45, thc Dircctor may take any or all of thc enforcement actions prescribcd in this chaptcr to ensure compliancc with, and/or rcmcdy a violation of this chaptcr; and/or whcn immediate danger cxists to thc public or adjacent property, as dctcrmincd by thc Dircctor. 1. Thc Dircctor may post thc sitc with a "Stop Work" ordcr dirccting that all vegetation clearing not authorizcd undcr a Trcc Pcrmit cease immediately. Thc issuance of a "Stop Work" ordcr may includc conditions or othcr rcquircmcnts which must bc fulfilled bcforc clearing may rcsumc. 2. Thc Dircctor may, aftcr writtcn noticc is givcn to thc applicant, or aftcr thc sitc has bccn postcd with a "Stop Work" ordcr, suspend or revoke any Trcc Pcrmit issued by thc City. 3. No person shall continuc clearing in an area covered by a "Stop Work" ordcr, or during thc suspension or rcvocation of a Trcc Pcrmit, cxccpt work rcquircd to corrcct an immincnt safety hazard as prescribed by thc Dircctor. B. Injunctive Rclicf. Whcncvcr thc Dircctor has reasonable cause to bclicvc that any person is violating or threatening to violate this chaptcr or any provision of an approved Spccial Pcrmission or Trcc Pcrmit, thc Dircctor may institutc a civil action in thc name of thc City for injunctivc rclicf to restrain thc violation or threatened violation. Such civil action may be instituted cithcr bcforc or aftcr, and in addition to, any othcr action, procccding or penalty authorizcd by this chaptcr or TMC 8-4 C. Inspection Accc; c: 1. Thc Dircctor may inspcct a property to cnsurc compliancc with thc provisions of a Trcc Pcrmit or this chaptcr, consistent with TMC 8.45. 2. Thc Dircctor may rcquirc a final inspection as a condition of permit issuance to ensure compliancc with this chaptcr. Thc permit proccss is complctc upon final approval by thc Dircctor. (Ord. 2711 §4 (pant),2021) Office of the City Clerk 1 City of Tukwila Page 224 of 356 Return to Title 13.487288 Rccording Rcquircd Thc property owncr rccciving approval of a usc or dcvclopmcnt permit pursuant to TMC 18.45 shall rccord thc City approvcd sitc plan, cicrly dclinc�ting thc wctland, watcrcoursc, arcs of potcntial gcologic instability or abandoncd mint and thcir buffcrs dcsignatcd by TMC 18.45.080, 18.45.090, 18.45.100, 18.45.120, 18.45.140 and 18.45.150 with thc King County Division of Rccords and Liccnsing Scrviccs. Thc facc of thc sitc plan must includc a statcmcnt that thc provisions of TMC 18.45, as of thc cffcctivc datc of thc ordinancc from which TMC 18.45 dcrivcs or is thcrc�ftcr amcndcd, control usc and dcvclopmcnt of thc cubjcct property, and providc for any rccponcibility of thc property owncr for thc maintcnancc or corrcction of any latcnt dcfccts or dcficicncics. Additionally, thc applicant shall providc data (CPS or survcy data) for updating thc City's critical arcs maps. (Ord.. 2741 §4 (pant), 20241 18.45.210 AssuranceDcvicc A. In appropriatc circumctanccs, such as whcn mitigation is not complctcd in advancc of thc projcct, thc Dircctor may rcquirc a Icttcr of crcdit or othcr sccurity dcvicc acccptablc to thc City to guarantcc performancc and maintcnancc rcquircmcnts of TMC 18.45. All assuranccs shall bc on a form approvcd by thc City Attorncy and bc cqual to 150% of thc cost of thc labor and matcrials for implcmcntation of thc approvcd mitigation plan. 8. Whcn altcration of a critical arco is approvcd, thc Dircctor may rcquirc an assurancc dcvicc, on a form approvcd by thc City Attorncy, to covcr thc cost of monitoring and maintcnancc costs and corrcction of posrciblc dcficicncics for fivc yoars. If at thc cnd of fivc yoars performancc standards arc not bcing achicvcd, an incroacc in thc cccurity dcvicc may bc rcquircd by thc Dircctor. Whcn anothcr agcncy rcquircs monitoring bcyond thc City's timc period, copics of thosc monitoring rcports shall bc providcd to thc City. C. Thc assurancc dcvicc shall bc rcicmcd by thc Dircctor upon rcccipt of writtcn confirmation submittcd to the Dcpartmcnt from thc applicant's qualificd profcssional, and confirmcd by thc City, that thc mitigation or restoration has mct its performancc standards and is cucccsrcfully cctablichcd. Should thc mitigation or restoration mcct performancc standards and bc succcssfully cctablichcd in thc third or fourth yc€r of monitoring, thc City may rcic€asc thc assurancc dcvicc early. The assurancc dcvicc may bc hcld for a Iongcr period, if at thc cnd of thc monitoring period, thc performancc standards havc not ^rcfully cctablichcd. In such caccs, thc m thc bond hcld until thc standards havc bccn mct. D. Rciclacc of thc cccurity docs not abcolvc thc property owncr of rccponcibility for maintcnancc or corrccting latcnt dcfccts or dcficicncics or othcr dutics undcr law. (Ord.. 2741 §4 (pant), 2024) 18.45.220 AssessffienfRelief A. Fair Markct Valuc: Thc King County Asscssor considcrs critical area rcgulations in dctcrmining thc fair marlcct valuc of land undcr RCW 84.34. B. Currcnt Ucc Acccccmcnt: Ectablichcd critical arch tracts or oaccmcnts, as dcfincd in thc Dcfinitions chaptcr of this titic and providcd for in TMC 18.45.170, may bc classificd as opcn spacc and owncrs thcrcof may qualify for currcnt use as providcd in thc Planncd Rcsidcntial Dcvclopmcnt District chaptcr of this titic. C. Spccial Asscssmcnts: Landowncrs who qualify undcr TMC 18.45.220.B shall also bc cxcmptcd from spccial asrccsrcmcnts on thc critical arch tract or oaccmcnt to dcfray thc cost of municipal improvcmcnts such as sanitary scwcrs, storm scwcrs and watcr mains. Nard. 2741 §4 (pant), 2024) Office of the City Clerk 1 City of Tukwila Page 225 of 356 Return to Title CHAPTER 18.46 PLANNED RESIDENTIAL DEVE OPMENT (PRD) Ccctions: 18.46.010 Purpose 18.46.020 Applicability 18.46.030 Pcrmittcd Uscs 18.46.040 Relationship to Othcr Standards 18.46.050 Dcnsity Standards 18.46.060 Opcn Space 18.46.070 Application Procedures 18.46.080 Rcvicw Criteria 18.46.090 Restrictive Covenants 18.46.100 Construction Application 18.46.110 Minor and Major Adjustments 18.46.120 Expiration of PRD Aftcr Building Pcrmit Issuance 13.46:848 Purpose A. It is thc purpose of this chaptcr to encourage imaginative sitc and building dcsign on parccls with cnvironmcntally critical areas by permitting greater flcxibility in zoning rcquircmcnts than is permittcd by othcr scctions of this titic. Furthcrmorc, it is thc purpose of this chaptcr to: 1. Promote thc retention of significant fc€atures of thc natural cnvironmcnt, including topography, vcgctation, waterways, wetlands and vicws; 2. Encouragc a variety or mixturc of housing typcs; 3. Encouragc maximum cfficicncy in thc layout of strccts, utility nctworks, and othcr public improvcmcnts; and '1. Croatc and/or preserve usable opcn space for thc enjoyment of thc occupants and thc general public. NOrd 2165 §83 (part), 20251 4-874678.2.9 Aterplieabikty A. Planned residcntial development (PRD) may bc permittcd in thc CR and HDR zoning districts and in thc TSO overlay, on parccls that contain cnvironmcntally critical areas and/or thcir associatcd buffcrs. NO4, 2765 §83 (part),2025) 4846430 Pcrmittcd Usc3 A. Only rcsidcntial uscs, and any associatcd accessory uscs, that arc permittcd in thc underlying zoning district arc permittcd in a PRD. NO4, 2765 §83 (part),2025) 48746e4e A. Lot Sizc, Building Hcight and Sctbacks: 1. Lot Sizc and Sctbacks: A maximum rcduction of 30% for lot areas and setbacks shall bc permittcd, providcd that thc following arc also substantially providcd: a. At least 15% of thc natural vcgctation is retained (in cases whcrc significant stands cxist). b. Advantage is taken or enhancement is achieved of unusual or significant sitc fc€atures such as vicws, watercourses, or othcr natural characteristics. Office of the City Clerk 1 City of Tukwila Page 226 of 356 Return to Title c. Scparation of auto and pcdcstrian movcmcnt is providcd, cspccially in or ncr arcs of rccrction. d. Development aspects of thc PRD complcmcnt thc land use policics of thc Comprehensive Plan. 2. Building Hcight: Building hcights may bc modified within a PRD when thc modification would assist thc preservation of natural rcsourccs and significant vcgctation and enhance vicws within thc site. B. Off strcct Parking: Off strcct parking shall bc providcd in a PRD in thc same ratio for typcs of buildings and uses as rcquircd in thc Off strcct Parking and Loading Rcgulations chaptcr of this titic. Howcvcr, up to 50% of thc stalls may be permittcd to bc compact stalls allowance, and parking stalls in front of carports or garages will bc allowed if thc design does not affcct circulation. If thc applicant can demonstrate that installation of rcquircd parking necessitates trcc removal, the parking rcquircmcnts may bc waived. C. Subdivision Rcquircmcnts: Thc standards of thc subdivision codc for rcsidcntial subdivisions shall apply to planned rcidcntial dcvclopmcnts if such standards arc not in conflict with thc provisions of this chaptcr. Upon final approval of the PRD, filing of the PRD shall bc in accordance with proccdurcs of thc subdivision codc if any lots arc to bc transferred. D. Rccrction Spacc Rcquircmcnts. Environmcntally critical arcs, and stands of significant trccs, may bc counted as arc rcquircd to mcct thc rccroation space minimums, if usable pascivc recreation opportunitics within these arcs are demonstrated. Opportunitics could includc conncction and continuation of arc widc trail systcms, wildlifc or sccnic viewing opportunitics, or picnic aroas. E. Landscape and Sitc Treatment for Sitcs with Class 2, Class 3 and Class 4 Ccologic Hazard Areas: 1. Downslopc and Sidc Yard Buffcrs: Photomontage or computcr generated perspcctivcs, takcn from the noarcct downclopc off site privately owncd property, shall show minimum landscape covcragc of 25% of thc structures at the timc of projcct complction with anticipated 40% covcragc within 15 years. This standard may supplcmcnt or bc in lieu of the applicable landccapc yard rcquircmcnt. 2. Roads and Acccc Drivcs: Any road or acccsc drivc which cuts approximately perpendicular to a elope to the ridge line of a hill shall have minimum fivc foot planted medians. Trccs shall bc a spccics that providcs a branch pattern cufficicnt to providc, at maturity, 50% covcragc of thc pavement arc. Roads or drivcs which rcquirc retaining walls parallel to thc topographic line shall plant roadside buffcrs of Northwcst native plant spccics. (Ord„, 2765 §83 (part), 20251 18.46.050 A. Thc City Council may authorize a dwclling unit dcnsity not morc than 50% greater than permittcd by thc underlying zoncs, after cntry of findings that thc following arc substantially providcd: 1. A variety of housing typcs is offcrcd. 2. At least 15% of thc natural vcgctation is retained (in cases whcrc significant stands cxist). 3. Advantage is takcn or enhancement is achieved of unusual or significant site features such as vicws, watercourses, wetlands or othcr natural characteristics. �. Scparation of auto and pcdcstrian movcmcnt is providcd, cspccially in or near arcs of rccroation. 5. Developmental acpccts of thc PRD complcmcnt thc land ucc policics of thc Comprchcncivc Plan. N,Ord 2165 §83 (Isla), 20251 45:46.060 Opcn Space A. Planned residcntial dcvclopmcnts shall cct aside ccncitivc aroas and thcir buffcrs in a ccncitivc aroas tract as rcquircd by TALC 18.45.090, and will bc exempted from othcr opcn space rcquircmcnts of this scction. N Ord. 2765 §83 (part), 20251 Office of the City Clerk 1 City of Tukwila Page 227 of 356 Return to Title A. Filing of Application. Application for approval of thc PRD shall bc madc on forms prcscribcd by thc Dcpartmcnt and shall bc accompanicd by a filing fcc as rcquircd in thc Application Fccs chaptcr of this titic and by thc following: 1. Justification for thc dcnsity incrc�scs, or lot sizc and sctback rcductions, if rcqucstcd by thc applicant; 2. Program for dcvclopmcnt including staging or timing of dcvclopmcnt; 3. Proposcd owncrship pattcrn upon complction of thc projcct; 1. Basic contcnt of any rcstrictivc covcnants; 5. Provisions to assurc permancncc and maintcnancc of common opcn spacc through a homcowncrs' association, or similar association, condominium dcvclopmcnt or othcr mans acccptablc to thc City; 6. An application for rczonc may bc submittcd with thc PRD application if rczoning is ncccssary for propose dcncity. Fccs for rczonc rcqucct shall bc in addition to thocc of thc PRD application; 7. An application for prcliminary subdivision may bc submittcd with thc PRD application, if ncccssary. Fccs for the cubdivicion shall bc in addition to thocc of thc PRD application; 8. Graphic imagcs of dcvclopmcnt in any ccncitivc arcs or buffcr, including photomontagc or computcr gcncratcd perspcctivcs in a standardizcd format rcquircd by thc Dircctor; 9. Evcry roaconablc cffort shall bc madc to prcccrvc cxisting trccs and vcgctation and intcgratc thcm into thc subdivision's dcsign by prcparing a trcc invcntory of thc significant vcgctation on sitc as part of thc prcliminary subdivision application. A trcc and vcgctation rctcntionlrcmoval plan shall bc part of any prcliminary subdivision application. Such trco and vcgctation rctcntionlrcmoval plan shall ascurc thc prcccrvation of significant trccs and vcgctation. 1. PRD applications shall bc proccsrccd pursuant to TMC 18.104. 2. Thc PRD shall bc an cxccption to thc rcgulations of thc undcrlying zoning district. Thc PRD shall conctitutc a limitation on thc use and dcsign of thc sitc unlcss modificd by ordinancc. Nord. 2765 §83 (pant), 20251 13.46.030 Review Critcria A. Thc City Council shall find that thc proposcd dcvclopmcnt plans mcct all of thc following critcria in thcir dccision making: 1. Rcquircmcnts of thc subdivision codc for thc proposcd dcvclopmcnt havc bccn mct, if appropriatc; 2. Roacons for dcncity incroaccs, or lot sizc and sctback rcductions, mcct thc critcria as lictcd in thc Planncd Rcsi-dcntial Dcvclopmcnt District chaptcr of this titic; 3. Advcrsc cnvironmcntal impacts havc bccn mitigatcd; 1. Compliancc of thc proposcd PRD to thc provisions of this chaptcr and thc Scncitivc Aroas Ovcrlay District chaptcr of this titic; 5. Timc limitations, if any, for thc cntirc dcvclopmcnt and spccificd stagcs havc bccn documcntcd in the application; 6. Dcvclopmcnt in accordancc with thc Comprchcnsivc Land Usc Policy Plan and othcr rcicvant plans; 7. Compliancc with deign rcvicw rcquircmcnts (ccc TMC 18.60); and 8. Appropriatc rctcntion and prcscrvation of cxisting trccs and vcgctation rccommcndcd by thc Dircctor. NOrd 2165 §83 (pant), 26251 Office of the City Clerk 1 City of Tukwila Page 228 of 356 Return to Title 1-87467e9e Restrictive Covcnante A. Thc rcstrictivc covenants intcndcd to bc used by thc applicant in a planncd rcsidcntial dcvclopmcnt (PRD), which purport to restrict thc use of land or thc location or character of buildings or othcr structures thcrcon, must bc approvcd by thc City Council and thc City Attorncy bcforc thc issuancc of any building permit. N,Ord. 2765 §83 (pant), 20251 e A. Thc following proccdurcs arc rcquircd for approval of construction for the proposcd planncd rcsidcntial dcvclopmcnt: 1. Timc Limitation: A complctc application for thc initial building permit shall bc filed by thc applicant within twclvc months of thc datc on which thc City Council approvcd thc PRD. An cxtcnsion of timc for submitting an application may be rcqucstcd in writing by thc applicant, and an cxtcnsion not cxcccding six months may bc grantcd by thc Director. If application for thc initial building permit is not madc within twclvc months or within thc timc for which an cxtcnsion has bccn grantcd, the plan shall bc considcrcd abandoncd, and thc dcvclopmcnt of thc property shall bc subjcct to thc rcquircmcnts and limitations of thc undcrlying zonc and thc subdivision codc. 2. Application: Application for building permit shall bc madc on forms prescribed by thc Dcpartmcnt and shall be accompanied by a fcc as prcscribcd by thc building codc. 3. Documentation Rcquircd: All schematic plans cithcr presented or rcquircd in thc approvcd PRD plans shall bc included in thc building permit application prcscntcd in finalized, detailed form. Thcsc plans shall includc but arc not limited to landscape, utility, opcn spacc, circulation, and sitc or subdivision plans. Final subdivisions and public dedication documents must bc approvcd by thc City Council bcforc thc issuancc of any building permits. 4. Sureties Rcquircd for Staging: If thc PRD is to bc developed in stages, surctics or othcr sccurity dcvicc as shall bc approvcd by thc City Attorncy shall bc rcquircd for thc complctc PRD. Thc various stages or parts of thc PRD shall providc thc samc proportion of opcn spacc and thc samc overall dwclling unit dcnsity as providcd in thc final plan. 5. Dcpartmcnt Action: Thc Dcpartmcnt shall dctcrminc whcthcr thc project plans submittcd with thc building permit arc in compliance with and carry out thc objectives of thc approvcd PRD. N,Ord. 2765 §83 (pant), 20251 18.46.110 A. If minor adjuctmcnts or changcs arc proposcd following thc approval of thc PRD, such adjuctmcnts shall be approvcd by thc Dcpartmcnt prior to thc issuancc of a building permit. Minor adjustmcnts arc thosc which may affect the in thc final plan, or substantially altcr thc density of thc dcvclopmcnt. Major adjustmcnts arc those which, as dctcrmincd by thc applicant wishes to males one or morc major changcs, a revised plan must bc approvcd pursuant to thc Planncd Rcsidcntial Development District chapter of this titic. Nord. 2765 §83 (pant), 20251 18. A. Construction of improvcmcnts in thc PRD shall bcgin within six months from thc datc of thc issuancc of the building/dcvclopmcnt permit. An cxtcnsion of timc for bcginning construction may bc rcqucstcd in writing by thc applicant, and such cxtcnsion not exceeding six months may bc grantcd by the Dcpartmcnt upon showing of good cause. If construction docs not occur within 12 months from thc datc of permit issuancc or if this permit cxpircs thc plan shall bc considcrcd abandoncd, and thc dcvclopmcnt of thc property shall bc subjcct to thc rcquircmcnts and limitations of thc undcrlying zone and TMC Titic 17. Nord. 2765 §83 (pant), 20251 Office of the City Clerk 1 City of Tukwila Page 229 of 356 Sections: 18.46.010 Purposc 18.46.020 Applicability and Eligibility 18.46.030 Community Bcncfits and Dcvclopmcnt Standard) A7 It is thc purpose of this chaptcr to inccntivizc ccrtain typcs of new dcvclopmcnt to providc bcncfit3 for thc Tukwila community by providing flcxibility for ccrtain standards. f7 A projcct within thc Regional Ccntcr (RC) or Ncighborhood Commercial Ccntcr (NCC) zoning di3trict3 may opt into thc Dcvclopmcnt Inccntivc Program by voluntarily providing onc or morc of thc listed Community standards of this program. All applicants wishing to participatc in this program shall apply for and obtain a Typc 2 Design Rcvicw Pcrmit, via which vcrification of compliancc with this program shall bc determined. A dctailcd nccccraryto determine compliancc with thc program and award points. 137 The Dcvclopmcnt Inc obtain onc or morc of thc following: Incroaccd hcight bcyond thc bass hcight limit within an applicable zoning district, up to the inccntivc hcight limit; and/or 27 In accordancc with thc provisions ofTMC 18.60.070, a dcparturc from thc Multi Family, Mixcd Scc each Community Bcncfit for dctails rcgarding cligibility and dcvclopmcnt and dccign standards. suety Bo ofita IIrIRI': 1'1'C7 Points l lomca Eligibility 1. At lca3t 5`3i) of all unit3 contain 3 or morc bcdroom3 and at lca3t 20`3i) of all homc3 contain 2 bedrooms; or 2. At least 10% of all unite contain 3 or morc bedrooms; or 3. At least 40% of all unite contain 2 bedrooms 1-00 Afferdeble Home Eligibility: For a minimum of at lca3t 12 ycar3, at lca3t 20% of all unit3 Shall bc affordable to tho3c corning 80% or 1c33 of thc King County Arca Median Income. 149 Coty IIS GTICTTC7 cfit3 Perms Enhaneed Strcct3capc3 Eligibility: At lca3t 4 fcct of additional frontagc bcyond minimum rcquircmcnt3 in thc underlying zoning di3trict or othcr City 3tandard3. Rcquircd along all frontagc3 of thc development aitc. Rcquircd Frontage Zonc Features: 1. Additional landscaping bcyond thc minimum rcquircd; 2. Decorative paving; 3. Additional wcathcr protcction; 4. Artistic elements; Structures that cncouragc active U3C, Such 03 permancnt 3trcct cafe features or play cquipmcnt, and retail patios; C. Residential patios or stoops. 1-00 Pedestrian Pathways Dcfinition: A pcdc3trian pathway i3 an urban dc3ign intcrvcntion to increase pcdc3trian conncctivity and incrca3c thc number activity arum locatcd at corners and intersections. Eligibility: At projcct shall install at lest onc pedestrian pathway, with a minimum width of 16 fcct and maximum width of 30 fcct. A site is eligible for this bcncfit only whcn the midblock promenade can bc sited morc than 150 fcct from thc nearest public or private intcrvcction that providc3 public pcdc3trian accc33. Walkways shall incorporate tcxturcd paving, plantings, landscaping, pcdc3trian scalc lighting, and activc residential or non residential entrances and frontagc3. If stairs arc incorporatcd, thc stairs shall feature bicycle runnels. Caccments: Permanent public casements for accc33 arc rcquircd. Tcrm3 of thc public accc33 may bc c3tabliohcd; howcvcr, tcrm3 may not include rc3triction3 on walking bicycic3 or prohibition3 of u3agc by thc public aftcr 6:00 AM or bcforc 10:00 PM. 1-00 Aetive R eereatien Area Exa mplc3: Sport court3, child play arca3, dog relief arca3, climbing walla, and cxcrci3c cquipmcnt. Eligibility: A projcct Shall install at least onc activc rccrcation arca, which may bc locatcd out or indoors. The rccrcation arca Shall bc a minimum of 2,500 3quarc fcct and Shall be accc33iblc to thc public. A fcc may bc charged for U3C, but u3agc may not bc limited by means of membership or to building tenants/occupants. 60 £nclosccl Plata Dcfinition: A publicly accc33iblc continuou3 opcn 3pacc locatcd within a building and covcrcd to providc ovcrhcad wcathcr protcction, while providing substantial natural daylight. Examples arc atrium3 or gallcria3. Eligibility: A projcct shall install at lest onc enclosed plaza, which shall bc opcn and accc: ciblc to thc public during thc came hours that the building in which it ic locatcd ic opcn. The enclosed plaza shall providc 3ignagc to idcntify thc 3pacc 03 opcn to thc public and ohall bc visually and physically accc33iblc from a publicly accc33iblc 3pacc. The minimum arca i3 750 3quarc fcct, and thc minimum horizontal dimension i3 20 fcct. 60 Gentfeufrity P GTICTTC7 cfit3 II Peists Green Ccrtification Eligibility: Thc applicant Shall Submit cvidcncc that thc projcct has, achicvcd, or will achicvc upon complction, onc of thc following: + Ccrtification of compliance with thc Living Building Challcngc, in onc of the following ways,: • Achicvcmcnt of all twcnty Imperativc3 for new building3 LBC full ccrtification, or • Achicvcmcnt of all Corc Imperativc3, in addition to all imperativc3 in cithcr Watcr, Encrgy, or Matcrial3 f ctal Pctal Ccrtification. + Certification of compliance with LEED Platinum. • Ccrtification of compliance with a diffcrcnt grccn building program that provides, equivalent or Superior 3u3tainability and/or environmental benefits, to Tukwila'3 natural rc3ourcc3 or cnvironmcnt to that of thc Living Building Challcngc certification. A detailed narrative and documentation shall bc required to determine point3 eligibility. 1-00 Serving -Use Dcfinition: Allocation of space for noncommercial ncighborhood serving uses, that bolster livability for rc3idcnt3. Eligible ncighborhood 3crving U3C3 include childcare, community mccting rooms,, or nonprofit 3pacc. Eligibility: Thc projcct shall dedicate at least 5,000 square fcct for thccc uses, for thc life of thc projcct. Applicant :.-,hall rccord with King County Recorder's, Officc (or its, s,uccc:cor agency) and providc a copy to thc Director of a binding documcnt allocating those o pacc3 only for ncighborhood 3crving U3C3 for thc life of thc building. No othcr U3C3 o hall bc approved for futurc tenancy in tho3c 3pacc3 if thcy arc not con3i3tcnt with thc u3c3 outlined in thc definition of ncighborhood Serving u3c3 in this, table. Spacc3 Shall bc vi3ually accc33iblc from thc 3trcct. 1-00 Business Spacc3 Dcfinition: Leasablc retail or commercial s,paccs, that arc no s,mallcr than 500 s,quarc fcct and no larger than 2,500 s,quarc fcct. Eligibility: Thc projcct Shall in3tall at lca3t onc Small bu3inc33 3pacc. 2-64 Spaee Gentfeerrity E GTICTTC7 cfit3 II fps Rex -kite Benefit Dcfinition: For propo3cd amcnitic3 not idcntificd in thi3 tablc, thc Flcxiblc Bcncfit allow3 art applicant thc opportunity to propooc an additional bcncfit that would 3ub3tantially incrca3c livability in Tukwila. Eligibility: To obtain this inccntivc, thc City may rcquirc thc applicant to pay for an indcpcndcnt tcchnical rcvicw by a con3ultant rctaincd by thc City. Con3ultant 3crvicc3 may includc but arc not limitcd to cconomic cvaluation of public bcncfit3, impact3 on property valuc3, rcvicw of con3truction valuation3, documcntation rclatcd to con3tructability, and othcr input dccmcd nccc33ary by thc City. Thc numbcr of point3 awardcd Shall be dctcrmincd on a caw by caw ba3i3. Thc Dircctor Shall u3c thc following criteria whcn evaluating a propo3cd flexible bcncfit: • Thc propo3cd bcncfit ha3 mcrit and valuc for thc community; and + Thc propo3cd bcncfit iS outcidc of thc anticipated Development Incentive Program ctructurc; and • Thc propo3cd bcncfit doc3 not conflict with cxi3ting Land U3c Codc rcgulation3; aftel + Thc propo3cd bcncfit cqualL or cxcccdS what would be providcd by thc Standard bcncfit providcd above. T9-1-EH) Return to Title CHAPTER 18 48 TEMPORARY ENCAMPMENTS Ccctions: 18.48.010 Purpose 18.48.020 Application for Tcmporary Encampmcnt Pcrmit 18.48.030 Critcria of Approval and Operation 18.487940 Rcvocation of Pcrmit 13.43.010 Purpose A. Thc purpose of this chapter is to regulate tcmporary cncampmcnts within thc City of Tukwila in compliance with the to protcct thc public health and safety and do not substantially burdcn thc decisions or actions of rcligious organizations rcgarding thc location of housing or shcltcr for persons on property owncd by such rcligious organizations. N',Ord. 2715 §3, 20241 °0 A. A tcmporary cncampmcnt is an allowed use only on property owncd or controllcd by a rcligious organization that b acting as cithcr thc host agcncy or thc managing agcncy, or both, for thc tcmporary cncampmcnt. B. Thc application for a tcmporary cncampmcnt permit must bc accompanied by an application fcc established by resolution of thc City Council. Thc application fcc shall bc based on actual costs associated with thc review and approval of thc application. Thc application shall not bc considered complctc unless and until thc application fcc is paid. C. An application for a tcmporary cncampmcnt permit must bc filed at least 30 days bcforc thc date on which the tcmporary cncampmcnt is proposcd to movc onto thc proposcd location; providcd, that thc City may agrcc to a shortcr period in thc case of an cmcrgcncy bcyond thc control of thc host agcncy and managing agcncy. D. An application for a tcmporary cncampmcnt permit shall bc processed as a Typc 2 dccision, subjcct to thc provisions found at TMC Chaptcr 18.104. E. Informational Mccting: Prior to thc opening of a Tcmporary Encampmcnt, thc host and/or managing agcncy shall participate in a community information mccting in coordination with thc Dcpartmcnt. Thc purpose of thc mccting is to provide thc surrounding community with information rcgarding thc proposcd duration and operation of thc tcmporary cncampmcnt, conditions that will likely bc placed on thc operation of said cncampmcnt, rcquircmcnts of thc written codc of conduct, and to answer qucstions rcgarding thc tcmporary cncampmcnt. Commcnts providcd to thc Dcpartmcnt at thc community informational mccting shall not bc used as a basis for consideration of thc permit application. 1. Noticc of Mccting: At Iclast 10 days prior to thc mccting, noticc shall bc providcd via all thc following mcthods: a. Mailed noticc shall bc issued to owncrs of rccord of property within 500 feet of thc site, and to thc occupants thcrcof to thc extent thc street addresses of such propertics arc diffcrcnt than thc mailing addresses of thc owncrs. b. Postcd noticc shall bc providcd by thc applicant in accordance with thc rcquircmcnts for Typc 2 permits found at TMC Scction 18.104.110. c. Noticc shall bc providcd on thc City's wcbcitc and to all cntitics who have requested noticcs of special meetings. E. A dccision granting, granting with conditions, or dcnying a tcmporary cncampmcnt permit shall bc subjcct to appoal as providcd in TMC Chaptcr 18.116 for Typc 2 permit dccisions. NOrd. 2745 4, 20241 Office of the City Clerk 1 City of Tukwila Page 230 of 356 Return to Title A. An application for a Tcmporary Encampmcnt permit shall demonstrate compliance with all thc following fcquircmcnts, in addition to any othcr rcquircmcnts imposcd by this chapter, prior to permit issuance. If at any point during thc operation of a Tcmporary Encampmcnt thc Dcpartmcnt dctcrmincs that thc criteria of approval and operation arc not bcing mct, thc permit may bc suspended or revoked by thc Dcpartmcnt pursuant to TMC Scction 18.487940. 1. Thc property or building shall bc of sufficicnt sizc to accommodate thc proposcd numbcr of tcnts and thc on citc facilitics rcquircd by this scction. Thc maximum numbcr of occupants shall bc determined by taking into consideration thc sizc and conditions of thc proposcd sitc; howcvcr, no cncampmcnt may cxcccd 40 occupants regardless of site conditions. 2. Adequate provision shall bc made for thc provision of drinking water, disposal of human wastc, disposal of garbage and othcr solid wastc, and thc provision of othcr cervices, including, but not limitcd to, thc following facilitics: a. Sanitary portable toilcts or othcr rcstroom facilitics in thc numbcr rcquircd to mcct hclth regulations for thc rccidcnts and staff of thc tcmporary cncampmcnt; and b. Hand washing stations by thc toilcts or rcstrooms and by food scrvicc arcs; and c. Rcfusc receptacles mccting thc rcquircmcnts of thc City's solid wastc hauler; and d. A food ccrvicc tcnt or othcr food ccrvicc building or facility mccting hclth department and firc safety fcquircmcnts; and c. A managcmcnt tcnt or othcr managcmcnt officc or facility providing administrative and sccurity services and readily identifiable to rccidcnts and visitors. 3. Thc tcmporary cncampmcnt shall mcct all setbacks for thc zoning district in which thc property is located; providcd, that whcrc thc t bc set back 20 fcct from thc property line. 4. A six foot tall sight obscuring fcncc shall bc providcd around thc perimeter of thc tcmporary cncampmcnt unless thc City dctcrmincs that thcrc is sufficicnt vegetation, topographic variation, or othcr site conditions to providc equivalent ccrccning of thc usc from adjaccnt propertics. Entry points into thc sitc should bc limitcd and monitorcd. 5. Exterior lighting must bc dircctcd downward and contained within thc tcmporary cncampmcnt. 6. A new cncampmcnt may not bc permittcd to opcn whilc thcrc is a cimultancous cncampmcnt operating within 1000 fcct. 7. Required minimum on site parking for thc host citc's permancntlothcr uccs shall not bc either dicplaccd by said cncampmcnt or uccd to mcct said cncampmcnt's parking rcquircmcnts, unlcsc a shared parking agreement is cxccutcd with adjaccnt propertics to compensate. 8. No animals shall bc permittcd in thc tcmporary cncampmcnt, cxccpt for ccrvicc animals. 0. Thc managing agcncy and/or thc host agcncy shall submit a codc of conduct for thc tcmporary cncampmcnt and a statement dcscribing how thc codc of conduct will bc enforced. Thc codc of conduct shall, at a minimum, contain thc following: a. A prohibition on thc possession or usc of illegal drugs or alcohol. b. A prohibition on thc posccscion of guns, knives with blades in cxcccc of thrcc inchcs, and weapons of all c. A prohibition on violcncc. d. A prohibition on opcn flames. c. A designated smoking arc shall bc providcd on sitc in thc location which would result in thc Icst impact on ncighboring propertics baccd on dictancc. Office of the City Clerk I City of Tukwila Page 231 of 356 Return to Title f. A prohibition on trespassing into private property in thc surrounding ncighborhood. g. A prohibition on loitering in thc surrounding ncighborhood. h. Hours during which quict is to bc observed. 10. A transportation plan shall bc submitted by thc managing agcncy and/or thc host agcncy providing for access to transit. 11. Thc tcmporary cncampmcnt shall comply with all regulations of Washington State, thc City of Tukwila, and thc best practices listed in thc King County Public HcIth Sanitation and Hygicnc Cuidc for Homcicss Scrvicc Providcrs. Thc tcmporary cncampmcnt shall comply with thc rcquircmcnts of thc International Firc Codc and Washington Citics Elcctricai Codc as adopted by thc City of Tukwila. Thc managing agcncy and host agcncy shall permit inspcctions at all reasonable timcs by appropriatc public officials from thc agencies cnforcing these codcs for codc compliance. 12. Thc managing agcncy shall take all reasonable and Icgal steps to obtain verifiable idcntification from prospective fcsidcnts of thc tcmporary encampments and use thc idcntification to obtain scx offcndcr and warrant checks from the appropriatc agcncy. If thc warrant and ccx offcndcr check reveals that a procpcctivc rccidcnt or existing rccidcnt is a ccx offcndcr who is rcquircd to register with policc or that thc procpcctivc rccidcnt has an outstanding warrant, thc managing agcncy shall immcdiatcly contact thc Tukwila Policc Dcpartmcnt. If somconc is rcjcctcd or cjcctcd from thc tcmporary cncampmcnt and in thc reasonable opinion of thc on duty mcmbcr or on duty security staff, thc rejected/ejected percon is a potential threat to thc community, thc managing agcncy shall immcdiatcly contact thc Tukwila Policc Dcpartmcnt. 13. Adcquatc access for fire and cmcrgcncy mcdical apparatus shall bc providcd. 14. Adcquatc separation bctwccn tcnts and other structures shall bc maintained in order to limit firc exposure and provide for cmcrgcncy cxiting by residents 15. Tcmporary Encampmcnt permits may bc approved for a timc period not to cxcccd four consecutive months. Thc cncampmcnt shall vacate thc cite for at least thrcc months bcforc another permit may bc issued. No tcmporary cncampmcnt shall bc permitted on any singlc property for morc than 6 months in any calendar yeear. 16. Thc managing agcncy shall appoint a mcmbcr to serve as a point of contact for thc Tukwila Policc Dcpartmcnt. At Isast one mcmbcr shall bc on duty at all timcs at said cncampmcnt. Thc namcs of thc on duty mcmbcrs shall bc posted daily. 17. Encampments arc primarily intcndcd to chcltcr adults. Thc managing agcncy may only permit children undcr thc agc of 18 to stay ovcrnight at a Tcmporary Encampmcnt if morc suitable ovcrnight accommodation for thc child and parcnt or guardian is unavailable. If a child undcr thc agc of 18, either alonc or accompanied by a parcnt or guardian, attempts to stay ovcrnight, thc camp hoctlmanagcr shall endeavor to find alternative chcltcr for thc child and any accompanying parcnt or guardian. 18. Thc tcmporary cncampmcnt shall not bc matcrially injurious to thc public health, safety, and welfare, or matcrially injurious to thc property or improvcmcnts in thc immediate vicinity. (ard. 2715 §5, 20211 48.48.040 Revocation of Pcrmit A. Thc Dcpartmcnt may suspcnd or rcvokc a tcmporary cncampmcnt permit for violations of any of thc rcquircmcnts of this chaptcr. Thc length of suspension shall bc based on thc timc nccdcd to corrcct thc violation. Thc decision of the Dcpartmcnt to rcvokc a tcmporary cncampmcnt permit shall bc stayed during any appal to thc hearing cxamincr, but the ctay will bc lifted if thc hcring cxamincr upholds thc rcvocation. Dccisions of thc hcring cxamincr on a tcmporary homeless cncampmcnt permit rcvocation may bc appealed to thc King County Superior Court as providcd in chaptcr 36.70C RCW. N Ord 2145 §6, 20241 Office of the City Clerk 1 City of Tukwila Page 232 of 356 Return to Title CHAPTER 18.50 Sections: 18.50.010 18.50.020 18.50.030 18.50.045 18.50.050 18.50.060 18.50.070 18.50.080 18.50.090 18.50.110 18.50.130 18.50.150 18.50.170 18.50.180 18.50.185 18.50.190 18.50.200 18.50.210 18.50.220 18.50.230 18.50.240 18.50.250 18.50.260 18.50.270 SUPPLEMENTAL DEVELOPMENT STANDARDS Purpose Special Height Limitation Areas Special Height Exception Areas Height Regulations Around Major Airports Frontage Improvement Thresholds Cargo Containers as Accessory Structures Yard Regulations Exemption of Rooftop Appurtenances Height Limitation for Amusement Devices Archaeological/Paleontological Information Preservation Requirements Structures Over Public R-O-W Retaining Wall Setback Waiver Lighting Standards Recycling Storage Space for Residential Uses Recycling Storage Space for Non -Residential Uses Design of Collection Points for Garbage and Recycling Containers Peer Review of Technical Studies Marijuana Related Uses Accessory Dwelling Unit (ADU) Standards Residential Conversions Home Occupations Emergency Housing and Emergency Shelter Criteria Permanent Supportive Housing and Transitional Housing Criteria Memorandum of Agreement for Emergency Housing, Emergency Shelter, Permanent Supportive Housing or Transitional Housing 18.50.010 Purpose A. It is the purpose of this chapter to establish development standards that supplement those various use districts. These supplemental standards are intended to address certain unique situations boundaries, and to implement related policies of the Tukwila Comprehensive Plan. Oui 18.50.020 Special Height Limitation Areas A. There are hereby established special height limitation areas, as depicted by Figure 18-3. 0111 established within the that may cross district 2741 §4 (part), 2024 2741 §4 (part), 2024 18.50.030 Special Height Exception Areas A. There are hereby established special height exception areas as depicted by Figure 18-3, within which building heights of up to four, six, or ten stories, as illustrated by the Figure, are allowed, notwithstanding the height standards for zoning districts within which the subject property may lie. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 233 of 356 Return to Title 18.50.045 Height Regulations Around Major Airports A. For the purposes of regulating heights within the vicinity of major airports, there are established and created certain height limitation zones which include all the land lying within the instrument approach zones, non -instrument approach zones, transition zones, horizontal zones and conical zones. Such areas may be shown and defined on an "airport height map" which shall become a part of the ordinance codified in this section by adoption of the Council and found on file in the office of the City Clerk. No building or structure shall be erected, altered or maintained, nor shall any tree be allowed to grow to a height in excess of the height limit herein established in any of the several zones created by this section; provided, however, that this provision shall not prohibit the construction of or alteration of a building or structure to a height of 35 feet above the average finish grade of the lot. Where an area is covered by more than one height limitation zone, the more restrictive limitations shall prevail. Under the provision of this section, the City adopts the following airport height map: Airport Height Map: King County International Airport (Boeing Field), August 1, 1986, and as the same may be amended. Ors 2011 §4 (part), 2022 18.50.050 Frontage Improvement Thresholds A. Frontage improvements that meet the requirements of TMC 17.20 are required for all new development that exceeds the following thresholds: 1. In the Community Residential zoning district: a. Any new residential structure, other than an ADU, that exceeds $700,000 in valuation, in 2025 dollars. b. Any new structure that establishes a new primary non-residential use on the subject site. 2. In all other zones: a. Any new residential structure, other than an ADU, that exceeds $700,000 in valuation, in 2025 dollars. b. Any proposed new structure that establishes a new primary use on the subject site. [Or s 27C5 §85, 2025 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, MIC/L, MIC/H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in CR, and HDR for institutional uses, and in RC, RCM, TUC, TSO and C/LI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights -of -way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off-street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. Office of the City Clerk 1 City of Tukwila Page 234 of 356 Return to Title 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and/or materials at a construction site during construction that is authorized by a City building permit. r 2105 § C, 2025 Or 274„1 4 (part), 2024 18.50.070 Yard Regulations A. Fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility to the detriment of public safety. The height of opaque fences along street frontages is limited to 4 feet, with lattice or other open material allowed up to 6 feet. B. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. C. Where the front yard that would normally be required on a lot is not in keeping with the prevailing yard pattern, the Department may waive the requirement for the normal front yard and substitute therefore a special yard requirement, which shall not exceed the average of the yards provided on adjacent lots. D. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. E. In the case of corner lots with more than two frontages, the Department shall determine the front yard requirements, subject to the following conditions: 1. At least one front yard shall be provided having the full depth required generally in the district; 2. The second front yard shall be the minimum set forth in the district; 3. In the case of through lots and corner lots, there will be no rear yards but only front and side yards; 4. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards. (See Figure 18-4.) Oui 2741 §4 (part), 2024 18.50.080 Exemption of Rooftop Appurtenances A. The height limitations specified in this chapter shall not apply to church spires, monuments, chimneys, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional floor area; provided, that mechanical equipment rooms or attic spaces are set back at least 10 feet from the edge of the roof and do not exceed 20 feet in height. r 2/21 §4 (part), 2022 18.50.090 Height Limitation for Amusement Devices A. Amusement devices shall be allowed up to 115 feet in height in any commercial or industrial zones. Any devices that exceed the height limit of the zone in which they are located shall be subject to a conditional use permit. r 2121 §4 (part), 2022 Office of the City Clerk 1 City of Tukwila Page 235 of 356 Return to Title 18.50.110 Archaeological/Paleontological Information Preservation Requirements A. The following provisions shall apply in all zones: 1. If there is reason to believe that archaeological resources will be disturbed, a cultural resources assessment shall be conducted and, if warranted, an archaeological response plan and provisions for excavation monitoring by a professional archaeologist shall be made prior to beginning construction. The assessment should address the existence and significance of archaeological remains, buildings and structures on the State or Federal historic registers, observable paleontological deposits and may include review by the State Archaeologist. 2. It is recommended that the applicant coordinate a predetermination study by a professional archaeologist during the geotechnical investigation phase, to determine site archaeological potential and the likelihood of disturbing archaeological resources. 3. 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 and to consult with the State Office of Archaeology and Historic Preservation (OAHP) to assess the remains and develop appropriate treatment measures. These may include refilling the excavation with no further responsibility. 4. An applicant who encounters Indian burials shall not disturb them and shall consult with OAHP and affected tribal organizations pursuant to State statutes. 5. The Director is authorized to: a. conduct studies to generally identify areas of archaeological/ paleontological potential; b. make determinations to implement these provisions; and c. waive any and all of the above requirements, except for TMC 18.50.110-4 (reporting of discovered Indian burials), if the proposed action will have no probable significant impact on archaeological or historical resources that are eligible for listing in the National Register of Historic Places, or on observable paleontological resources. Examples of such actions include excavation of fill materials, disturbance of less than 10,000 square feet of native soils to a depth of 12 inches, penetration of native soils with pilings over a maximum 8% of the building footprint, and paving over native soils in a manner that does not damage cultural resources. The above examples are illustrative and not determinative. A case -by -case evaluation of archaeological/paleontological potential value and proposed disturbance must be made. Or s 2741 §4 (part), 2024 18.50.130 Structures Over Public R-O-W A. A developer who controls parcels on both sides of a public right-of-way may request approval to bridge the street with a structure as a Type 2 special permission decision. Only the width of the building that extends across the street is exempt from setbacks; the remainder of the building must meet them. The developer must also obtain air rights and comply with all other relevant codes, including the Washington State Building Code. Our 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 236 of 356 Return to Title 18.50.150 Retaining Wall Setback Waiver A. Retaining walls with an exposed height greater than four feet may be allowed in required front, side or rear yard setbacks as a Type 2 Special Permission decision to the Director under the following circumstances: 1. When the applicant's property is on the lower side of the retaining wall and it is not visible from adjacent properties or is screened by landscaping; or 2. When a wall built on a property line or perpendicular to it benefits the lots on both sides, and the owners of both properties agree to jointly maintain the wall; or 3. When a wall in a front yard is required due to roadway expansion or improvements. Ours. 27 5 8?, 2025, Ours. 2°741 §4 (part), 2024 18.50.170 Lighting Standards A. Parking and loading areas shall include lighting capable of providing adequate illumination for security and safety. Lighting standards shall be in scale with the height and use of the associated structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights -of -way. B. In residential zones, porches, alcoves and pedestrian circulation walkways shall be provided with low level safety lighting. Pedestrian walkways and sidewalks may be lighted with lighting bollards. C. MICIL and MICIH. The following site lighting standards shall apply to portions of developments within 100 feet of the Tukwila Manufacturing/Industrial Center boundary as defined in the 1995 Comprehensive Plan: 1. The minimum light levels in parking areas, paths between the building and street or parking areas shall be 1 foot candle; 2. The maximum ratio of average: minimum light level shall be 4:1 for illuminated grounds; 3. Maximum illumination at the property line shall be 2 foot candles; 4. Lights shall be shielded to eliminate direct off -site illumination; and 5. General grounds need not be lighted. D. Variation from these standards may be granted by the Director of the Department of Community Development based on technical unfeasibility or safety considerations. Or 27C5 §88, 2025; Or 2741 §4 (part), 2024 18.50.180 Recycling Storage Space for Residential Uses A. Apartment and condominium developments over six units shall provide 1-1/2 square feet of recycling storage space per dwelling unit, which shall be located in collection points as follows: 1. No dwelling unit within the development shall be more than 200 feet from a collection point. 2. Collection points shall be located so that hauling trucks do not obstruct pedestrian or vehicle traffic on -site, or project into any public right-of-way. 3. Collection points shall not be located in any required setback or landscape area. Ors.. 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 237 of 356 Return to Title 18.50.185 Recycling Storage Space for Non -Residential Uses A. Recycling storage space for non-residential uses shall be provided at the rate of at least: 1. Two square feet per every 1,000 square feet of building gross floor area in office, medical, professional, public facility, school and institutional developments. 2. Three square feet per every 1,000 square feet of building gross floor area in manufacturing, industrial and other non-residential uses not specifically mentioned in these requirements. 3. Five square feet per every 1,000 square feet of building gross floor area in retail developments. B. Outdoor collection points shall not be located in any required setback or landscape area. C. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on - site, or project into any public right-of-way. Ours 2741 §4 (part), 2024 18.50.190 Design of Collection Points for Garbage and Recycling Containers A. Residential and non-residential collection points shall be designed as follows: 1. An opaque wall or fence of sufficient size and height to provide complete screening shall enclose any outside collection point. Architectural design shall be consistent with the design of the primary structure(s) on the site. 2. Collection points shall be identified by signs not to exceed two square feet. 3. Weather protection of recyclables and garbage shall be ensured by using weather-proof containers or by providing a roof over the storage area. Ours 2741 §4 (part), 2024 18.50.200 Peer Review of Technical Studies A. The Department will review all technical information submitted as part of any application to verify it meets all requirements of the Tukwila Municipal Code. At the discretion of the Director, any technical studies required as part of the application including, but not limited to, noise reports, lighting plans, and parking demand studies, may undergo peer review at the expense of the applicant. Ours 2741 §4 (part), 2024 18.50.210 Marijuana Related Uses A. Applicable Regulations: The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. Prohibited zones: The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation located in any of the following areas: Community Residential High Density Residential Mixed Use Office Office Residential Commercial Center Office of the City Clerk 1 City of Tukwila Page 238 of 356 Return to Title Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Violations. 1. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in TMC 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. 2. Any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code shall be subject to enforcement as prescribed in TMC 8.45 and the issuance of a Notice of Violation and Order, in accordance with TMC 8.45.070, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Notice of Violation and Order is achieved. 3. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. 4. Any penalties imposed under this section may be doubled should the violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55-010 as now enacted or hereafter amended. C. Medical marijuana: Growth of medical marijuana for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW 69.51A. D. Cooperative prohibited: The establishment, location, operation, licensing, maintenance or continuation of a cooperative, as described in RCW 69.51, or medical cannabis collective gardens or dispensaries as described in RCW 69.51A.085, is prohibited in all zones of the City. Any person who violates this subsection (TMC 18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. E. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the TMC. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. Ours 2°tC5 §8 , 2025; Ours. 2741 §4 (part), 2024 18.50.220 Accessory Dwelling Unit (ADU) Standards A. For the purposes of this section, "principal unit" shall mean the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit. B. General Standards. 1. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal unit and a maximum of two (2) ADUs. These ADUs may be either attached to the principal unit or detached from the principal unit. 2. ADUs may be a maximum of 1,400 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. Office of the City Clerk 1 City of Tukwila Page 239 of 356 Return to Title 3. Detached ADUs may be up to 28 feet in height. 4. ADUs are subject to the development standards of the zoning district they are located within. Development standards relating to setbacks and development area maximum do not apply to conversions of existing non -conforming structures that are proposed for ADU conversion. New ADUs are not subject to rear yard setbacks on parcels where the rear yard abuts an alley. 5. ADUs may not be rented for periods of less than 30 days. 'Olir 2'C5 0, 2025; Or 2741 §4 (part), 2024 18.50.230 Residential Conversions A. Applicability. 1. Conversion of nonresidential space to residential units is subject to additional standards listed in TMC 18.50.230(B). These standards do not apply to: a. Buildings which have not received certificate of occupancy at least three years prior; b. Conversion to emergency shelters, transitional housing, emergency housing or permanent -supportive housing; c. Ground floor space required as part of a mixed use development adjacent to designated major pedestrian corridors (figure 61); and d. Buildings within zoning districts where residential development is not permitted. B. Additional Standards. 1. Density: In zoning districts with a maximum unit density standard, converted buildings may exceed the density limit by upto50%. 2. Parking: No additional parking is required for conversion of non-residential space to residential use. Parking shall not be removed from the site if it contains, or would contain after removal, fewer parking stalls than would otherwise be required for the site's uses. 3. Design: No additional exterior design or architectural requirements shall be required beyond those deemed by the Director to be necessary for health and safety. 4. Nonconformity: No nonconforming aspects of the existing building shall prevent new residential conversions, unless the Director determines the nonconformity is causing a significant detriment to the surrounding area. If determined to be the case, the decision shall be provided with written findings. rs 2758 §11, 2025' 18.50.240 Home Occupations A. Home occupations shall meet the following standards: 1. There shall be no change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building. This provision shall not apply to adult family homes as defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; 3. Traffic generated by a home occupation shall not exceed two (2) visitors at any given time, and no more than eight (8) total two-way visitor and non-resident employee trips per day; 4. The number of vehicles associated with a home -occupation shall not exceed two (2) vehicles and must be parked on -site. Vehicles associated with the business shall not exceed: a. A gross vehicle weight of 10,000 pounds; b. A height of ten (10) feet; or Office of the City Clerk 1 City of Tukwila Page 240 of 356 Return to Title c. A length of 22 feet; 5. An off-street parking space shall be made available for any non-resident employee. All parking spaces shall meet all development standards; 6. The business shall not involve more than one person who is not a resident of the dwelling. This provision shall not apply to adult family homes as defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; and 7. Outdoor storage of materials associated with a home occupation is prohibited. Or 27C5 § 1, 2025, Ours. 2°741 §4 (part), 2024 18.50.250 Emergency Housing and Emergency Shelter Criteria A. Emergency housing and emergency shelter facilities are allowed subject to the following criteria: 1. It must be a 24-hour-a-day facility where beds or rooms are assigned to specific residents for the duration of their stay. 2. On -site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop -in use by non-residents. 3. The facility must be located within a half mile walking distance of a bus or rail transit stop. 4. Emergency shelters with a capacity for 50 persons or greater, and emergency housing facilities with a capacity for 75 persons or greater must be at least 500 feet from any other emergency housing or emergency shelter, calculated as a radius from the property lines of the site. This distance may be reduced upon the applicant submitting documentation that there is a barrier such as a river or freeway preventing access between the facilities, and the path of travel between them on public roads or trails is at least 500 feet. 5. The maximum number of residents in a facility is limited to the general capacity of the building but in no case more than 100. 6. Facilities must have secure entrances, or a secure site, staffed 24/7. Or s 275C §2, 2025, Or 2°441 §4 (part), 202/ 18.50.260 Permanent Supportive Housing and Transitional Housing Criteria A. Permanent supportive housing and transitional housing facilities are allowed subject to the following criteria: 1. On -site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop -in use by non-residents. 2. The facility must be located within a half mile walking distance of a bus or rail transit stop. 3. Facilities with a capacity of 50 persons or greater must be at least 500 feet from any other permanent supportive housing or transitional housing, calculated as a radius from the property lines of the site. This distance may be reduced upon the applicant submitting documentation that there is a barrier such as a river or freeway preventing access between the facilities, and the path of travel between them on public roads or trails is at 500 feet. 4. The maximum number of residents in a facility is limited to the general capacity of the building but in no case more than 45 in CR, and 75 in HDR or other zones. 5. Facilities must have secure entrances, or a secure site, staffed 24/7. Or 27C5 § 2, 2025, Or 245C §3, 2025, Or 244„1 4 (part), 202/ Office of the City Clerk 1 City of Tukwila Page 241 of 356 Return to Title 18.50.270 Memorandum of Agreement for Emergency Housing, Emergency Shelter, Permanent Supportive Housing or Transitional Housing A. Prior to the start of operation, the City and facility operator shall develop and execute a Memorandum of Agreement containing, at a minimum, the following items: 1. A Good Neighbor Agreement addressing the following items: a. Quiet hours, b. Smoking areas, c. Security procedures, d. Litter, and e. Adequacy of landscaping and screening. 2. A Code of Conduct establishing a set of standards and expectations that residents must agree to follow. 3. A parking plan approved by the City showing that the facility has adequate parking to meet the expected demand from residents, staff, service providers and visitors. Residents may not park off -site and all vehicles must be operational. 4. A coordination plan with both the Police and Fire Departments, including protocols for response to the facility and to facility residents throughout the City and a maximum number of responses threshold for law enforcement services as established by calls for services in TMC 5.60.040 through 5.60.060. If calls for law enforcement services exceed the agreed upon threshold in any given quarter, the facility operator will work with the City to reduce calls below the threshold level. 5. A requirement to provide regular reports to the City's Human Services Program Coordinator on how facilities are meeting performance metrics such as placement of residents into permanent housing or addiction treatment programs. Or 2°741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 242 of 356 Return to Title CHAPTER 18.52 LANDSCAPE REQUIREMENTS Sections: 18.52.010 Purpose 18.52.020 Applicability 18.52.030 Landscaping Types 18.52.040 Perimeter and Parking Lot Landscaping Requirements by Zone District 18.52.050 Screening and Visibility 18.52.060 Significant Tree Retention 18.52.070 Tree Protection Standards 18.52.080 Plant Material Requirements and Tree Standards 18.52.090 Soil Preparation, Planting and Irrigation 18.52.100 Maintenance and Pruning 18.52.110 Landscape Plan Requirements 18.52.120 Request for Landscape Modifications 18.52.130 Violations 18.52.010 Purpose A. The purpose of this chapter is to establish minimum requirements for landscaping to: 1. Implement the Urban Forestry Comprehensive Plan goals and policies by increasing tree canopy throughout the City to improve air quality; promote the health of residents, visitors and employees; and reduce heat islands and stormwater flows. 2. Support the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. 3. Promote safety. 4. Provide screening between incompatible land uses. 5. Mitigate the adverse effects of development on the environment. 6. Improve the visual environment for both residents and nonresidents. 7. Regulate the protection of existing landscaping. 8. Establish requirements for the long-term maintenance of required landscaping. 9. Establish procedures for modifying landscaping requirements and penalties for violations of the landscaping code. Ours 2741 §4 (part), 2024 18.52.020 Applicability A. This chapter sets forth rules and regulations to control maintenance, clearing and planting of landscaping and vegetation within the City of Tukwila on any developed properties that are zoned commercial, industrial, or multifamily; and on properties that are zoned CR and developed with a non -single-family or middle housing dwellings. For properties located within the Shoreline jurisdiction, the maintenance and removal of vegetation shall be governed by TMC 18.44, "Shoreline Overlay." For properties located within a critical area or its associated buffer, the maintenance and removal of vegetation shall be governed by TMC 18.45, "Critical Areas." Clearing and removal of trees on undeveloped land and any land zoned CR that is developed with a single-family or middle housing dwelling is regulated by TMC 18.54, "Urban Forestry and Tree Regulations." In case of conflict the most stringent regulations apply. 'Ours 27C5 3, 2025, Ours. 2741 44 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 243 of 356 Return to Title 18.52.030 Landscaping Types A. General Standards for All Landscaping Types. 1. Trees. a. Trees shall be spaced based on the stature tree selected (small, medium or large stature of tree), excluding curb cuts and spaced regularly, except where there are conflicts with utilities. b. Large and medium stature tree species are required, per the Tukwila Approved Tree List, except where there is insufficient planting area (due to proximity to a building, street light, above or below ground utility, etc.) or the planned tree location does not permit this size tree at maturity. 2. Shrubs. Shrubs shall be spaced based on the mature size of the plant material selected and shall achieve a continuous vertical layer within 3 years. The shrubs will provide 4 feet clearance when mature when adjacent to any fire hydrant or fire department connection. 3. Groundcover. a. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. b. If grass is being used as the groundcover, a 4-foot diameter ring of bark mulch is required around each tree. B. Type I — Light Perimeter Screening. 1. The purpose of Type I landscaping is to enhance Tukwila's streetscapes, provide a light visual separation between uses and zoning districts, screen parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. Trees: A mix of deciduous and evergreen trees. b. One shrub per 7 linear feet. c. Groundcover. C. Type II — Moderate Perimeter Screening. 1. The purpose of Type 11 landscaping is to enhance Tukwila's streetscapes, provide a moderate visual separation between uses and zoning districts, screen blank building walls and parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. Trees: A mix of deciduous and evergreen trees. b. One shrub per 4 linear feet, excluding curb cuts. c. Groundcover. D. Type III — Heavy Perimeter Screening. 1. The purpose of Type III landscaping is to provide extensive visual separation along property lines between highly incompatible development, such as warehousing and residential uses. 2. Plant materials shall consist of the following: a. Trees consisting of at least 50% evergreen along the applicable property line (75% along property line adjacent to residential uses). b. Privacy screen utilizing evergreen shrubs, screening walls or fences (up to 7 feet tall). c. Groundcover. Office of the City Clerk I City of Tukwila Page 244 of 356 Return to Title E. Parking Lot Landscaping. This landscaping is required to mitigate adverse impacts created by parking lots such as noise, glare, stormwater run-off, and increased heat and to improve their physical appearance. 1. General regulations. Trees shall be evenly distributed throughout the parking lot. Planting in continuous, landscaped planting strips between rows of parking is encouraged. Surface water management design may also be combined with landscaping in parking lots. In industrial districts (C/LI, LI, HI, MIC/L, MIC/H), clustering of interior parking lot landscaping may be permitted to accommodate site usage. 2. Landscape islands. a. Landscape islands must be a minimum of 6 feet wide, exclusive of overhang, and a minimum of 100 square feet in area. All landscaped areas must be protected from damage by vehicles through the use of curbs, tire stops, or other protection techniques. b. Landscape islands shall be placed at the ends of each row of parking to protect parked vehicles from turning movements of other vehicles. c. The number and stature of trees shall be based on the area available in the landscape island. A minimum of one large stature evergreen or deciduous tree or two medium stature trees are required for every 100 square feet of landscaped island, with the remaining area to contain a combination of shrubs, living groundcover, and mulch. d. For parking lots adjacent to public or private streets, the islands must be placed at minimum spacing of 1 for every 10 parking spaces. For parking areas located behind buildings or otherwise screened from public or private streets or public spaces, if landscape islands are used, islands shall be placed at a minimum of 1 for every 15 parking stalls. 3. Bioretention, which includes trees, shrubs and groundcover, may be used to meet interior parking lot landscaping requirements. The bioretention facility must be designed by a professional trained or certified in low impact development techniques as set forth in TMC 14.30. All bioretention facilities must be protected by curbing to prevent vehicle damage to the facility and for public safety. 4. Vehicular Overhang. a. Vehicle overhang into any landscaping area shall not exceed two feet. b. No plant material greater than 12 inches in height shall be located within two feet of the curb or other protective barrier in landscape areas adjacent to parking spaces and vehicle use areas. c. Raised curbs or curb stops shall be used around the landscape islands or bioretention facilities to prevent plant material from being struck by automobiles. Where bioretention is used, curb cuts shall be placed to allow stormwater runoff from adjacent pavements to enter the bioretention system. 5. Pervious pavement shall be used, where feasible, including parking spaces and pedestrian paths. 6. Parking lot landscape design shall accommodate pedestrian circulation. F. Street Trees in the Public Frontage. 1. Street tree spacing. a. Street tree spacing in the public frontage shall be as specified in TMC 18.52.080.B.2. based on the stature size of the tree. b. Spacing must also consider sight distance at intersections, driveway locations, and utility conflicts as specified in TMC 18.52.080.B.3. c. Street trees in the public frontage shall be planted using the following general spacing standards: (1) At least 3-1/2 feet back from the face of the curb. (2) At least 5 feet from underground utility lines. (3) At least 10 feet from utility poles. (4) At least 7-1/2 feet from driveways. Office of the City Clerk I City of Tukwila Page 245 of 356 Return to Title (5) At least 3 feet from pad -mounted transformers (except 10 feet in front for access). (6) At least 4 feet from fire hydrants and connections. d. Planting and lighting plans shall be coordinated so that trees are not planted in locations where they will obstruct existing or planned street or site lighting, while maintaining appropriate spacing and allowing for their size and spread at maturity. e. Planting plans shall consider the location of existing or planned signage to avoid future conflicts with mature trees and landscaping. 2. Tree grates. a. Tree grates are not encouraged, but when used, shall be designed so that sections of grate can be removed incrementally as the tree matures and shall be designed to avoid accumulation of trash. b. When used, tree grates and landscaped tree wells shall be a minimum 36 square feet in size (6' x 6'). Tree well size may be adjusted to comply with ADA standards on narrower sidewalks. See TMC 18.52.090.A.1., "Soil Preparation and Planting," for structural soil requirements. Root barriers may be installed at the curb face if structural soils are not used. 3. Maintenance and Pruning. a. Street trees are subject to the planting, maintenance, and removal standards and Best Management Practices (BMPs) as adopted by the International Society of Arboriculture, as it now reads and as hereafter amended. Street trees planted prior to the adoption of the most current tree planting standards shall be exempt from these planting standards but are still subject to current removal and maintenance standards. b. The following standards apply to street tree maintenance: (1) Street trees shall be maintained consistent with International Society of Arboriculture BMPs. (2) Street trees shall be maintained in a manner that does not impede public street or sidewalk traffic, consistent with the specifications in the Public Works Infrastructure Design Manual, including: (a) 8 feet of clearance above public sidewalks. (b) 13 feet of clearance above public local and neighborhood streets. (c) 15 feet of clearance above public collector streets. (d) 18 feet of clearance above public arterial streets. (3) Street trees shall be maintained so as not to become a defective tree as per the definition in TMC 18.06. 4. Trees planted in a median shall be appropriate for the planting environment and meet the following requirements: a. Trees shall be consistent with previously approved median tree plans, given space constraints for roots and branches at maturity. b. Median plantings shall provide adequate species diversity Citywide and reasonable resistance to pests and diseases. c. Columnar trees may be considered for median plantings to avoid conflicts with vehicles and utilities. d. Structural soils shall be used to avoid the need for root barriers and to ensure the success of the median plantings. e. Any median tree that is removed must be replaced within the same median unless spacing constraints exist. Replacement trees shall be of the same stature or greater at maturity as the removed tree, consistent with other space considerations. Or 27C5 , 2025,,,,. Or 2741 44 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 246 of 356 Return to Title 18.52.040 Perimeter and Parking Lot Landscaping Requirements by Zone District A. In the various zone districts of the City, landscaping in the front, rear and side yards and parking lots shall be provided as established by the various zone district chapters of this title. These requirements are summarized in the following table (Table A), except for Tukwila Urban Center (TUC) requirements, which are listed in TMC 18.28. TABLE A ZONING DISTRICTS FRONT YARD (SECOND FRONT) (linear feet) LANDSCAPE TYPE FOR FRONTS LANDSCAPE FOR SIDE YARD (linear feet) LANDSCAPE FOR REAR YARD (linear feet) LANDSCAPE TYPE FOR SIDE/REAR LANDSCAPING FOR PARKING LOTS (square feet) CR (for uses other than residential) 151,2,11 Type I 10 10 Type I 20 per stall for non-residential uses; 15 per stall if parking is placed behind building HDR 151,2,11 Type 1 10 10 Type 1 Same as CR MUO 15 (12.5)2, 11 Type 17 64 64,11 Type 17 20 per stall adjacent to street; 15 per stall if parking is placed behind building 0 15 (12.5)2 Type 17 6 64 Type 17 Same as MUO RCC 20 (10)2,8 Type 17 5; 10 if near CR, MDR, HDR4 1011 Type 11 Same as MUO NCC 64,11 Type 17,13 04 04,11 Type 11 Same as MUO RC 10 Type 113 54 04 Type 118 Same as MUO RCM 10 Type 1 54 04 Type 118 Same as MUO C/LI 15 Second Front: 12.5; 15 if near CR, MDR, HDR Type 16 55,12 05,12 Type 118 15 per stall; 10 per stall for parking placed behind building LI 152 Second Front: 12.5 Type 11 04,12 04,12 Type III 15 per stall; 10 per stall for parking placed behind building HI 152 Second Front: Type 11 04,12 04,12 Type 111 15 per stall MIC/L 105 Type 11 05,12 05,12 Type III 10 per stall MIC/H 105 Type 11 05,12 05,12 Type III 10 per stall Office of the City Clerk 1 City of Tukwila Page 247 of 356 Return to Title TABLE A TUC — See TMC 18.28 TVS — See TMC 18.40 TSO — See TMC 18.41 Notes: 1. Minimum required front yard landscaped areas in the HDR zones may have up to 20% of their required landscape area developed for pedestrian and transit facilities subject to the approval criteria in TMC 18.52.120.C. 2. In order to provide flexibility of the site design while still providing the full amount of landscaping required by code, the front yard landscape width may be divided into a perimeter strip and one or more other landscape areas between the building and the front property line if the perimeter strip is a minimum of 10 feet and the landscape materials are sufficient to provide landscaping along the perimeter and screening of the building mass. 3. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to the approval criteria in TMC 18.52.120.C. Bioretention may also be used as required landscaping subject to the approval criteria in TMC 18.52.120.E. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian -oriented space. 4. Increased to 10 feet if any portion of the yard is within 50 feet of CR, or HDR. 5. Increased to 15 feet if any portion of the yard is within 50 feet of CR, or HDR. 6. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage. 7. Increased to Type 11 if any portion of the yard is within 50 feet of CR, or HDR. 8. Increased to Type III if any portion of the yard is within 50 feet of CR, or HDR. 9. Minimum required front yard landscaped areas in the CR and HDR zones may have up to 20% of their required landscape area to Only required along public streets. 11. Increased to 10 feet for residential uses; or if adjacent to residential uses or non-TSO zoning. 12. In the CR and HDR districts and other districts where multifamily development is permitted, a community garden may be substituted for some or all of the landscaping. In order to qualify, a partnership with a nonprofit (501(c)(3)) with community garden expertise is required to provide training, tools and assistance to apartment residents. Partnership with the nonprofit with gardening expertise is required throughout the life of the garden. If the community garden is abandoned, the required landscaping must be installed. If the garden is located in the front landscaping, a minimum of 5 feet of landscaping must be placed between the garden and the street. 13. To accommodate the types of uses found in the C/LI, LI, HI and MIC districts, landscaping may be clustered to permit truck movements or to accommodate other uses commonly found in these districts if the criteria in TMC 18.52.120.D are met. 14. For NCC and RC zoned parcels in the Tukwila International Boulevard District, the front landscaping may be reduced or eliminated if buildings are brought out to the street edge to form a continuous building wall, and if a primary entrance from the front sidewalk as well as from off-street parking areas is provided. Olin 2'C5 5, 2025, Go 241 4u (part), 2024 18.52.050 Screening and Visibility A. Screening. 1. Screening of outdoor storage, mechanical equipment and garbage storage areas and fences: a. Outdoor storage shall be screened from abutting public and private streets and from adjacent properties. Such screens shall be a minimum of 8 feet high and not less than 60% of the height of the material stored. The screens shall be specified on the plot plan and approved by the Community Development Director. In the MDR and HDR zones, outdoor storage shall be fully screened from all public roadways and adjacent parcels with a high obscuring structure equal in height to the stored objects and with a solid screen of exterior landscaping. b. Ground level mechanical equipment and garbage storage areas shall be screened with evergreen plant materials and/or fences or masonry walls. c. Fences. All fences shall be placed on the interior side of any required perimeter landscaping. Office of the City Clerk 1 City of Tukwila Page 248 of 356 Return to Title 2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls. 3. Evergreen shrubs and evergreen trees shall be used for screening along rear property lines, around solid waste/recycling areas, utility cabinets and mechanical equipment, and to obscure grillwork and fencing associated with subsurface parking garages. Evergreen shrubs and trees shall be pruned so that 18 inches visibility at the base is maintained. B. Visibility. 1. Design of new landscaping and maintenance of existing landscaping shall consider Crime Prevention Through Environmental Design (CPTED) principals and visibility for safety and views. Appropriate plant species shall be specified to avoid the need for excessive maintenance pruning. 2. Landscaping shall not obstruct views from or into building windows, the driveway, sidewalk or street. Landscape design shall allow for surveillance from streets and buildings and avoid creating areas that might harbor criminal activity. 3. Landscaping at crosswalks and other locations where vehicles and pedestrians intersect must not block pedestrians' and drivers' views. 4. In general, deciduous trees with open branching structures are recommended to ensure visibility to retail establishments. More substantial shade trees or evergreens are recommended in front of private residences. (ors 2741 §4 (part), 2024 18.52.060 Significant Tree Retention A. All significant trees located within any required landscape area that are not dead, dying, diseased, or a nuisance species, as identified in the Tukwila Approved Tree List, and that do not pose a safety hazard or conflict with overhead utility lines as determined by the City or an ISA certified arborist, shall be retained and protected during construction with temporary fencing or other enclosure, as appropriate to the site and following Best Management Practices for tree protection (see TMC 18.54). B. Topping of trees is prohibited and is subject to replacement. Additionally, pruning of more than 25% of canopy in a 36-month period is prohibited and is subject to replacement per TMC 18.52.130, Table C. C. Retained significant trees may be counted towards required landscaping. Additionally, the required landscaping may be reduced in exchange for retaining significant trees subject to Director approval and per TMC 18.52.120.F. D. The area designated for protection will vary based on the tree's diameter, species, age, and the characteristics of the planted area, and Best Management Practices for protection shall be utilized (see TMC Chapter 18.54). Property owners may be required to furnish a report by an ISA certified arborist to document a tree's condition if a tree is to be retained. The Director may require that an ISA certified arborist be retained to supervise tree protection during construction. Grade changes around existing trees within the critical root zone are not allowed. Ors 2741 §4 (part), 2024 18.52.070 Tree Protection Standards A. All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: Office of the City Clerk 1 City of Tukwila Page 249 of 356 Return to Title a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary, a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. Or 2°741 §4 (part), 2024 18.52.080 Plant Material Requirements and Tree Standards A. Plant Material Requirements. 1. Plants shall meet the American Standard for Nursery Plant Stock (American Nursery and Landscape Association-ANLA) (ANSI Z60.1) as it now reads and as hereafter amended, and shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. Office of the City Clerk 1 City of Tukwila Page 250 of 356 Return to Title 4. Shrubs shall be at least 18 inches in height, and full and bushy at time of planting. 5. New plant materials shall include native species or non-native species with lower water requirements and that are adapted to the climatic conditions of the Puget Sound Region. There must be a diversity of tree and shrub genus and species in the site landscaping, taking into account species in existing development around the site. a. If there are more than 8 required trees, no more than 40 percent may be of one species. b. If there are more than 24 required trees, no more than 20 percent may be of one species. c. If there are more than 25 required shrubs, no more than 50 percent may be of one species. 6. Any species that is listed on the State of Washington or King County noxious weed lists or otherwise known to be a nuisance or invasive shall not be planted. 7. Plant materials shall be selected that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, cultural requirements, tolerance to urban conditions, maintenance needs and growth characteristics. 8. The classification of plant material as trees, shrubs and evergreens shall be as listed in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada, as it now reads and as hereafter amended. 9. Plant material requirements for bioretention facilities shall be in accordance with the City's Bioretention Plant List, unless approved by staff. 10. Non -developed site areas, such as utility easements, shall be landscaped and/or treated with erosion control planting or surfacing such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials. In areas with overhead utility lines, no shrubs or trees shall be allowed that could mature over 20 feet in height. Trees should not be planted within 10 feet of underground utilities, such as power, water, sewer or storm drainage pipes. B. Tree Standards. 1. Tree species shall be appropriate for the planting environment as determined by the Department Director in consultation with the City environmentalist and shall seek to achieve a balance of the following: a. Consistency with Tukwila Approved Tree List or the City's Bioretention Plant List. b. Compatibility with space constraints for roots and branches at maturity. c. Adequate species diversity Citywide and reasonable resistance to pests and diseases. 2. Trees shall be provided adequate spacing from new and existing trees according to the following standards wherever possible: a. Trees categorized as small stature on the tree list shall be spaced no greater than 20 feet on center and not closer than 15 feet on center from other newly planted or existing trees. b. Trees categorized as medium stature on the tree list shall be spaced no greater than 30 feet on center and not closer than 20 feet on center from other newly planted or any existing trees. c. Trees categorized as large stature on the tree list shall be spaced no greater than 40 feet on center and not closer than 30 feet on center from other newly planted or existing trees. d. Any tree determined to have a mature spread of less than 20 feet (a columnar or fastigiate variety) is discouraged except under specific conditions and shall be considered a small stature tree and spaced accordingly. 3. Trees shall be placed according to the following standards: a. Small stature trees shall be planted with the center of their trunks a minimum of 2 feet from any hard surface paving. b. Medium stature trees shall be planted with the center of their trunks a minimum of 2.5 feet from any hard surface paving. Office of the City Clerk I City of Tukwila Page 251 of 356 Return to Title c. Large stature trees shall be planted with the center of their trunks a minimum of 3 feet from any hard surface paving. d. Trees shall generally be planted a minimum of: (1) 4 feet on center from any fire hydrant, above -ground utility or utility pole; (2) 2 feet on center from any underground utility; (3) 5 feet on center from a street light standard; (4) 20 feet from a street intersection; however, a greater or lesser corner setback may be required based on an analysis of traffic and pedestrian safety impacts. (5) 5 to 10 feet from building foundations depending on species. 4. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. 5. Root barriers may be installed according to the manufacturer's specifications when a tree is planted within 5 feet of any hard surface paving or utility feature and in areas where structural soil is not required, subject to approval by the Department Director in consultation with the City's environmentalist. 6. Low water usage species are encouraged in order to minimize future irrigation requirements, except where site conditions within the required landscape areas ensure adequate moisture for growth. 7. Shade trees should be planted to shade buildings' east- and west -facing windows to provide a balance between summer cooling and winter heating through solar gain. Ours 2741 §4 (part), 2024 18.52.090 Soil Preparation, Planting and Irrigation A. Soil Preparation and Planting. 1. For landscaping in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell University product or similar) must be used to a preferred depth of 36 inches to promote tree root growth and provide structural support to the paved area. Minimum soil volumes for tree roots shall be 750 cubic feet per tree (see specifications and sample plans for CU-Structural Soils). Trees and other landscape materials shall be planted according to specifications in "CU Structural Soils — A Comprehensive Guide," as it now reads and as hereafter amended, or using current Best Management Practices (BMPs) as approved by the Director. Suspended pavement systems (Silva Cells or similar) may also be used if approved by the Director. 2. For soil preparation in bioretention areas, existing soils must be protected from compaction. Bioretention soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted in accordance with TMC 14.30, to promote a proper functioning bioretention system. These specifications shall be adhered to regardless of whether a stormwater permit is required from the City. 3. For all other plantings (such as large planting areas where soil volumes are adequate for healthy root growth with a minimum volume of 750 cubic feet per tree), soils must be prepared for planting in accordance with BMP T5.13, "Post Construction Soil Quality and Depth," from the Washington Department of Ecology Stormwater Management Manual for Western Washington (as it now reads and as hereafter amended), regardless of whether a stormwater permit is required by the City. 4. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting to ensure soils are properly prepared. Soil must be amended, tilled and prepped to a depth of at least 12 inches. 5. Installation of landscape plants must comply with BMPs including: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. Office of the City Clerk I City of Tukwila Page 252 of 356 Return to Title b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. d. If using mulch around trees and shrubs, maintain at least a 6-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Irrigation. 1. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering and to ensure their long term viability. 2. All required plantings must be served by a permanent automatic irrigation system, unless approved by the Director. a. Irrigation shall be designed to conserve water by using the best practical management techniques available, including BMPs, for daily timing of irrigation to optimize water infiltration and conservation. These techniques may include, but not be limited to: drip irrigation (where appropriate) to minimize evaporation loss, moisture sensors to prevent irrigation during rainy periods, automatic controllers to ensure proper duration of watering, sprinkler head selection and spacing designed to minimize overspray, and separate zones for turf and other landscaping and for full sun exposure and shady areas to meet watering needs of different sections of the landscape. b. Exceptions to the irrigation requirement may be approved by the Director, such as xeriscaping (i.e., low water usage plantings), plantings approved for low impact development techniques, established indigenous plant material, or landscapes where natural appearance is acceptable or desirable to the City. However, those exceptions will require temporary irrigation until established. 3. All temporary irrigation must be removed at the end of the 3-year plant establishment period. Or 2°741 §4 (part), 2024 18.52.100 Maintenance and Pruning A. Any landscaping required by this chapter shall be retained and maintained by the property owner for the life of the development in conformance with the intent of the approved landscape plan and this chapter. Maintenance shall also include keeping all planting areas free of weeds and trash and replacing any unhealthy or dead plant materials. B. Green roofs or rooftop gardens shall be maintained to industry standards and any dead or dying plant material replaced. C. Pruning of trees and shrubs is only allowed for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter amended. D. No tree planted by a property owner or the City to fulfill landscape requirements, or any existing tree, may be topped or removed without prior approval from the City. Any tree topped or removed without approval shall be subject to code enforcement action per TMC 8.45 in addition to the requirements of TMC 18.52.130, "Violations." E. Private property owners shall collect and properly dispose of all landscaping debris. Private property landscaping debris shall not be placed or blown into the public right-of-way for City collection. Violations will be subject to code enforcement action per TMC 8.45. F. As trees along the street frontages mature, they shall be limbed up, using proper ISA pruning techniques, to a minimum height of 8 to 18 feet depending on location of tree (over sidewalk, adjacent to road, etc.) to allow adequate visibility and clearance for vehicles. Trees may be pruned to improve views of signage and entryways by using such techniques as Office of the City Clerk 1 City of Tukwila Page 253 of 356 Return to Title windowing, thinning, and limbing up; however, no more than 1/4 of the canopy may be removed within any 2-year period. All pruning shall be done in accordance with ANSI Standard A-300 specifications, as it now reads and as hereafter amended. G. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA certified arborist. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Otherwise, trees shall not be topped. Illegal topping is subject to replacement. Additionally, pruning of more than 25% of canopy in a 36-month period is prohibited and is subject to replacement per TMC 18.52.130, Table C. Ours 2741 §4 (part), 2024 18.52.110 Landscape Plan Requirements A. Landscape plan design shall take into consideration the mature size of proposed landscape materials to minimize the future need for pruning (i.e. placement such that mature trees and shrubs will not cause problems for foundations, obscure signage, grow too close to overhead or underground utility lines, obstruct views of traffic, etc.). B. A Washington State licensed landscape architect or other accredited landscape design professional shall prepare the landscape plans in accordance with the standards herein. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements. The plans shall, at a minimum, include the type, quantity, spacing and location of plants and materials; typical planting details; soil amendment/installation; tree protection details as applicable; and the location of irrigation systems and significant trees within 20 feet of the property line on adjacent properties. Underground and at -ground utilities shall be shown on the plans so that planting conflicts are avoided. A detailed list of items to be included on the landscape plan is available in the Landscape Plan handout, available on-line or at the offices of the Department of Community Development. C. Installation of the landscaping and screening shall be completed and a Landscaping Declaration submitted by the owner or owner's agent prior to issuance of the Certificate of Occupancy. Any plant substitutions shall be noted on the Declaration. If necessary, due to weather conditions or construction scheduling, the installation may be postponed to the next planting season (October — April) if approved by the Director and stated on the building permit. A performance assurance device equal to 150% of the cost of the labor and materials must be provided to the City before the deferral is approved. Ours 2011 §4 (part), 202 18.52.120 Request for Landscape Modifications A. Revisions to existing landscaping may be approved only if the following criteria are met: 1. The revision does not reduce the landscaping to the point that activities on the site become a nuisance to adjacent properties. 2. Proposed vegetation removal, replacement, and any mitigation measures proposed are consistent with the purpose and intent of this chapter and bring landscaping into conformance with standards of TMC 18.52. 3. Proposed revision will not be detrimental to the public health, safety or welfare or injurious to other property in the vicinity. 4. Any trees proposed to be removed shall be replaced with trees of similar or larger size at a minimum ratio of 1:1. B. The following deviations to the requirements of this chapter may be considered either as a Type 2, Special Permission Director decision, or through design review if the project is subject to that process. 1. Deviation from the requirements of Type I, II, or III landscaping, including but not limited to the use of the landscape area for pedestrian and transit facilities, landscape planters, rooftop gardens or green roofs, terraced planters or green walls, or revisions to existing landscaping. The amount of landscaping on commercially -zoned properties may be reduced by 15% if buildings are moved to the front of the site with no parking between the building and the front landscaping, to create a more pedestrian -friendly site design. Office of the City Clerk 1 City of Tukwila Page 254 of 356 Return to Title 2. Clustering and/or averaging of required landscaping. The landscape perimeter may be clustered if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to CR or HDR. In addition, up to 50% of the perimeter landscaping may be relocated to the interior parking to provide more flexibility for site organization. 3. Substitution of bioretention facility for required landscaping for Type I or II landscaping. Landscaping in a bioretention facility that includes trees, shrubs and groundcover may be counted up to 100% towards required landscaping depending on the location, type of bioretention facility proposed and proposed use. 4. Credit for retained significant trees towards landscaping requirement. C. The following criteria apply to requests for deviation from any required landscaping standards. 1. The deviation does not reduce the landscaping to the point that activities on the site become a nuisance to neighbors; and 2. The modification or revision does not diminish the quality of the site landscape as a whole; and 3. One or more of the following are met: a. The modification or revision more effectively screens parking areas and blank building walls; or b. The modification or revision enables significant trees or existing built features to be retained; or c. The modification or revision is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses; or d. The modification or revision is used to incorporate pedestrian or transit facilities; or e. The modification is for properties in the NCC or RC districts along Tukwila International Boulevard, where the buildings are brought out to the street edge and a primary entrance from the front sidewalk as well as from off-street parking areas is provided; or f. The modification is to incorporate alternative forms of landscaping such as landscape planters, rooftop gardens, green roof, terraced planters or green walls; or g. The modification is to incorporate a community garden, subject to the provisions of TMC 18.52.040, Note 11 D. Clustering or perimeter averaging of landscaping may be considered if: 1. It does not diminish the quality of the site landscape as a whole; and 2. It does not create a nuisance to adjacent properties; and 3. If adjacent to residential development, the impacts from clustering are minimized; and 4. One or more of the following criteria are met: a. Clustering or perimeter averaging of plant material allows more effective use of the industrial property; or b. Clustering or perimeter averaging of landscaping enables significant trees to be retained; or c. Clustering or perimeter averaging is used to reduce the number of driveways and curb cuts and/or allow joint use of parking facilities between neighboring businesses; or d. Clustering or perimeter averaging avoids future conflicts with signage. E. Landscaping in a bioretention facility that includes trees, shrubs, and groundcovers as identified on the City's approved Bioretention Plant List and as regulated in TMC 14.30, may be counted up to 100% towards required Type I or Type II landscaping. Bioretention facilities shall not be counted towards required Type III landscaping. All of the following criteria must be met: 1. The bioretention facility has been designed by a professional trained or certified in low impact development techniques; and Office of the City Clerk I City of Tukwila Page 255 of 356 Return to Title 2. The landscaping meets the screening requirements of the specified landscape type; and 3. Public safety concerns have been addressed; and 4. The number of trees required by the landscape type are provided. F. Credit for Significant Trees. 1. Credit for retained significant trees may be counted towards required landscaping if the following criteria are met: a. Assessment of trees by an ISA certified arborist as to tree health, value of the trees and the likelihood of survivability during and after construction is provided; and b. Retention of tree(s) supports the Tukwila Comprehensive Plan urban tree canopy goals and policies; and c. A financial assurance is posted based on 150% of the value of the retained tree(s) to ensure tree replacement should the retained trees be damaged or die as a result of construction impacts. The financial assurance shall be retained for three years. 2. The value of the significant tree(s) to be retained, as determined by an ISA certified arborist, shall be posted on the tree prior to site preparation and retained throughout the construction of the project. Or s 2° C5 § , 2025, Or 2°t41 §4 (part), 2024 18.52.130 Violations A. Violations. The following actions shall be considered a violation of this chapter: 1. Any removal or damage of landscaping that is required by this chapter. 2. Topping or excessive pruning of trees or shrubs, except as explicitly allowed by this chapter. 3. Failure to replace dead landscaping materials. B. Penalties. In addition to any other penalties or other enforcement actions, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the violator as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 1. The amount of the penalty shall be assessed based on Table B below. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 2. Penalties are in addition to the restoration of removed plant materials through the remedial measures listed in TMC 18.52.130.C. 3. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TABLE B — Fines Type of Violation Allowable Fines per Violation Removal or damage of trees or specimen shrubs without applying for and obtaining required City approval $1,000 per tree, or up to the marketable value of each tree removed or damaged as determined by an ISA certified arborist. C. Remedial Measures. In addition to the penalties provided in TMC 18.52.130.B, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a tree permit and replacement with trees that meet or exceed the functional value of the removed trees. In addition, any shrubs and groundcover removed without City approval shall be replaced. Office of the City Clerk 1 City of Tukwila Page 256 of 356 Return to Title 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment may be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table C. TABLE C — Tree Replacement Requirements Diameter* of Tree Removed (*measured at height of 4.5 feet from the ground) Number of Replacement Trees Required 4-6 inches (single trunk) OR 2 inches (any trunk of a multi -trunk tree) 3 Over 6-8 inches 4 Over 8-20 inches 6 Over 20 inches 8 D. Enforcement. It shall be the duty of the Community Development Director to enforce this chapter pursuant to the terms and conditions of TMC 8.45 or as otherwise allowed by law. E. Inspection Access. 1. For the purposes of inspection for compliance with the provisions of a permit or this chapter, the Director or designee may enter all sites for which a permit has been issued, consistent with TMC 8.45. 2. Upon completion of all requirements of a permit, the permittee shall request a final inspection by contacting the planner of record. The permit process is complete upon final approval by the Director or designee. rs 2°7 5 § 7, 202.5 Ors. 274„1 4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 257 of 356 Return to Title CHAPTER 18.51 URBAN FORESTRY A141 TREE REGU ATIONS Ccctions: 18.54.010 Purpose 18.540 Applicability 18.540 Trcc Pcrmits 18.54.040 Permit Approval Critcria, Ccncrai 18.540 Trcc Rctcntion Standards 18.547980 Trcc Protcction Standards 18.54740 Trcc Rcplaccmcnt 18.540 Trcc Rclocation 18.54990 Trcc Fund 18.54.100 0crforma19c, Assurancc 1 8.541-0 y 18.54 20 Pcrmit Exceptions 18.54.130 Pcrmit Conformance 18.54440 Coil Prcparation, Plant Matcrial and Maintcnancc Standards 18.54.150 Hcritagc Trccs and Hcritagc Grovcs 18.54.160 Approved and Prohibitcd Trccs 18.54.170 Violations and Penalties 18.54.180 Rcmcdial Moasures 18.54490 Enforcement 8 Purpose A. Thc purposc of this chaptcr is to implcmcnt thc Urban Forestry Comprchcnsivc Plan goals; to maintain and incrusc trcc canopy throughout thc City; and to providc rcquircmcnts for trcc maintcnancc, trcc rctcntion and protcction. Trccs and thcir canopy act to improvc air quality, promotc thc public health, rcducc human related stress, increase property values, fcducc heat islands, and rcducc storm watcr flows. Thc trcc regulations also support thc Low Impact Development goals of thc Comprehensive Plan and thc City's National Pollution Discharge Elimination Systcm permit. 8. In particular, thc purposc of this chaptcr is to: 1. Protcct existing trccs prior to and during development; 2. Establish protcctions for thc long tcrm maintcnancc of trccs and vegetation; 3. Moderate thc effects of wind and temperature; �. Minimize thc need for additional storm drainage facilities; 5. Stabilize and cnrich thc soil and minimizc surface watcr and ground watcr run off and diversion which may contributc to increased instability, sedimentation, or turbidity in strums, lakes, or othcr watcr bodics; 6. Protcct fish, wildlifc and thcir habitats by promoting trcc rctcntion and improving watcr quality; 7. Ensurc trcc replacement after removal to providc crosion control and to achieve canopy coverage goals; 8. Recognize thc importance of Hcritagc and Exccptional Trccs to thc history of thc community; and 9. Establish proccdurcs for penalties and violations of thc trcc codc. Nard. 2741 4 (part , 20241 Office of the City Clerk 1 City of Tukwila Page 258 of 356 Return to Title 13.5 A. This chaptcr scts forth rulcs and rcgulations to control maintcnancc and clearing of trccs within thc City of Tukwila on any undcvclopcd land and any land zoncd Community Rcsidcntial (CR) that is dcvclopcd with a singlc family or middlc housing dwclling. For propertics locatcd within thc Shorclinc jurisdiction, maintcnancc and rcmoval of vcgctation shall be govcrncd by TMC 18.44, "Shorclinc Ovcrlay." For propertics locatcd within a critical arc or its associatcd buffcr, the maintcnancc and rcmoval of vcgctation shall bc govcrncd by TMC 18.45, "Environmcntally Critical Arcs". TMC 18.52, "Landscapc Rcquircmcnts," shall govcrn thc maintcnancc and rcmoval of landscaping on dcvclopcd propertics that arc zoncd commcrcial, industrial, or multifamily; and on propertics locatcd in thc CR zonc that arc dcvclopcd with a non singlc family or middlc housing rcsidcntial usc. Thc most stringcnt rcgulations shall apply in casc of a conflict. 65 §9 , n25, Or „ 2711 §4 (pant), 0 1) 18.54.030 Trcc Pcrmit: A. Pcrmit Rcquircd: 1. A Trcc Pcrmit is rcquircd prior to work within thc Critical Root Zonc of any Significant, Exccptional or Hcritagc Trcc or prior to thc rcmoval or dcstruction of any of thcsc trccs within thc City, unlcss thc action is cxcmpt from this chaptcr. 2. A Trcc Pcrmit is rcquircd whcn any person wishcs to prunc a Hcritagc Trcc in cxccss of 20% of thc cxisting crown in a two yoar period. 3. All Trcc Pcrmit applications shall mcct thc critcria outlincd in this chaptcr for approval, or mcct thc critcria for a Trcc Pcrmit Exccption per TMC 18.54.140. B. Application Rcquircmcnts: 1. Application Matcrials: Applications to rcmovc trccs arc subjcct to thc permit rcquircmcnts found at TMC 18.104. 2. Application Typc: Trcc Pcrmits shall bc proccsscd as Typc 1 dccisions pursuant to TMC 18.104. 3. Expiration: Trcc permits cxpirc one year aftcr thc datc thc permit is issucd. C. Pcrmit Excmptions: Thc following activitics arc cxcmpt from thc permit rcquircmcnts of this chaptcr cxccpt as notcd bclow: 1. Thc rcmoval of trccs that arc Icss than 6 inchcs in Diamctcr at Brc€ast Hcight (DBH) on a property zoncd Community Rcsidcntial and improvcd with a cinglc family or middlc housing dwclling. 2. Rcmoval of no morc than four trccs that arc 6 8" DBH on a property zoncd Community Rcsidcntial and improvcd with a cinglc family or middlc housing dwclling in any 36 month period, as long as thc property owncr submits a trcc invcntory curvcy that includcs thc following: a. Numbcr of and sizc of trccs to bc rcmovcd; b. Thc location of any affcctcd utility Iincs within thc ovcrhoad "fall zonc" or othcr built infractructurc; c. Photos of thc trcc(s) to bc rcmovcd; d. Thc mcthod of rcmoval and idcntification of contractor; and c. Timc cchcdulc of trcc rcmoval. 3. Thc rcmoval of Dcaad Trccs outsidc of thc shorclinc jurisdiction or a scnsitivc area or its buffcr. 1. Routinc maintcnancc of trccs ncccsrcary to maintain thc hclalth of cultivatcd plants, or to contain noxious wccds or invacivc cpccics as dcfincd by thc City of Tukwila or King County, and routinc maintcnancc within rights of way rclatcd to Intcrfcrcncc, Sight Distancc, Emcrgcncics or Topping, as codified in TMC 11.20. Routine maintenance includes the removal of up to 25% of the existing tree crown in a 36-month period. Office of the City Clerk 1 City of Tukwila Page 259 of 356 Return to Title wclfarc by a high risk or cxtrcmc risk trcc may bc undcrtakcn in advancc of rccciving a permit. Any person, utility or public cntity undcrtaking such an action shall submit a Trcc Pcrmit application within onc wcck of thc cmcrgcncy action and rcplacc trcc(s) if rcquircd by this chaptcr. Additional timc to apply for a Trcc Pcrmit may bc grantcd at thc discrction of thc Dircctor. 6. The rcmoval of trccs in thc right of way rclatcd to a capital projcct that has a landscaping componcnt that includcs trccs, whcrc thcrc is adcquatc room in thc right of way. 7. Rcmoval of trccs as allowcd with a Class I IV forest practiccs permit issucd by thc Washington Statc Dcpartmcnt of Natural Rcsourccs. (Ord.. 165 55,2025; Ord 741 §4 (part), 20241 48.54.040 Pcrmit Approval Critcria, Gcncral A. All Trcc Pcrmit applications shall mcct thc critcria outlincd bclow for approval. 1. Existing trccs will bc rctaincd on sitc to thc maximum cxtcnt possiblc as rcquircd by TMC 18.54.060 and as rccommcndcd in thc Qualificd Trcc Profcsrcional rcport, if applicablc. 2. Trcc protcction will bc implcmcntcd as rcquircd in TMC 18.54.070. 3. Trcc rcplaccmcnt will bc implcmcntcd as rcquircd in TMC 18.54.080; unlcss no rcplaccmcnt is rcquircd per TMC 18.54.080, Tablc A. 1. Trcc rcplaccmcnt funds will bc dcpositcd into thc City of Tukwila Trcc Fund, as dcscribcd in TMC 18.54.100, if rcquircd. 5. A performancc amurancc will bc cubmittcd as rcquircd in TMC 18.54.110. (Ord.. 2741 §4 (part), 20241 18.54.050 Trcc Rctcntion Standard: A. As many Significant, Exccptional and Hcritagc Trccs as possiblc arc to bc rctaincd on a sitc propoccd for dcvclopmcnt or rc dcvclopmcnt, particularly to providc a buffcr bctwccn dcvclopmcnt, taking into account thc condition and agc of thc trccs. As part of a permit application such as, but not limitcd to, subdivision, dccign rcvicw, or building permit fcvicw, thc Dircctor may rcquirc rc�sonablc altcrations to thc arrangcmcnt of buildings, parking or othcr cicmcnts of the propoccd dcvclopmcnt in ordcr to rctain Significant, Exccptional or Hcritagc non invacivc Trccs. B. Topping and pruning of morc than 25% of thc canopy of trccs is prohibitcd and concidcrcd rcmoval and cubjcct to rcplaccmcnt rcquircmcnts of TMC 18.54.080. C. Rcmoval or topping of trccs locatcd on undcvclopcd propertics is prohibitcd cxccpt: 1. Thosc that intcrfcrc with acccss and/or passagc on public trails; or 2. Whcn trccs, including aldcrs and cottonwoods, havc bccn dctcrmincd to bc onc of thc following by a Trcc Risk Asrccscmcnt prcparcd by a Trcc Rick Asrccsrcor, and whcrc thc rick cannot bc rcduccd to Low with mitigation, such as pruning: a. Modcratc risk with significant conscqucnccs; b. Modcratc rick with ccvcrc conscqucnccs; c. High rick with a Targct or Rick Targct; or d. Extrcmc risk. 3. Factors that will bc concidcrcd in approving such trcc rcmoval includc, but arc not limitcd to, trcc condition and �c�alth, agc, risks to lifc or structures, and potcntial for root or canopy intcrfcrcncc with utilitics. Office of the City Clerk 1 City of Tukwila Page 260 of 356 Return to Title D. Protcction of trccs shall bc a major factor in thc location, dcsign, construction and maintenance of strccts and utilitics. Rcmoval or significant damage that could Iced to trcc dc€ath of Significant, Exccptional or Hcritagc Trccs shall bc mitigated with on or off sitc trcc replacement as rcquircd by this chaptcr. E. A Qualificd Trcc Profcssional shall providc an asscssmcnt of any trcc proposcd for rctcntion in a proposed dcvclopmcnt to cnsurc its survivability during construction. F. Thc Dcpartmcnt shall conduct a trcc canopy asscssmcnt cvcry fivc years from thc date of thc adoption of this chaptcr to cnsurc thc trcc canopy goals of thc Comprehensive Plan arc bcing mct. N,Ord. 2741 4 (pant),2024) 13.54.060 Trcc Protcction Standard) A. All trccs not proposcd for rcmoval as part of a projcct or dcvclopmcnt shall bc protected using Bcst Managcmcnt 1. Thc Critical Root Zoncs (CRZ) for all trccs designated for rctcntion, on sitc or on adjacent property as applicable, shall bc identified on all construction plans, including dcmolition, grading, civil and Iandocapc cite plans. 2. Any roots within thc CRZ cxpoocd during construction shall bc covcrcd immediately and kcpt moist with appropriate matcrials. Thc City may rcquirc a third party Qualificd Trcc Profcssional to rcvicw long tcrm viability of thc trcc. 3. Physical barricrs, such as 6 foot chain link fcncc or plywood or othcr approvcd equivalent, shall bc placcd around c€ach individual trcc or grouping at thc CRZ. 1. Minimum distances from thc trunk for thc physical barricrs shall bc based on thc approximate agc of thc trcc (hcight and canopy) as follows: a. Young trccs (trccs which havc rc€achcd Icss than 20% of life cxpcctancy): 0.75 per inch of trunk diamctcr. b. Maturc trccs (trccs which havc reached 20 80% of life cxpcctancy): 1 foot per inch of trunk diamctcr. c. Ovcr mature trccs (trccs which havc reached greater than 80% of life cxpcctancy): 1.5 fcct per inch of trunk diamctcr. 5. Alternative protcction mcthods may bc used that providc equal or greater trcc protcction if approvcd by thc Director. 6. A wc�thcrproof sign shall bc installcd on thc fcncc or barrier that reds: "TREE PROTECTION ZONE THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soii dioturbancc, parking, otoragc, dumping or burning of matcrials is allowcd within thc Critical Root Zonc. Thc valuc of this trcc is $ [insert valuc of trcc as dctcrmincd by a Qualificd Trcc Profcssional hcrc]. Damagc to this trcc duc to construction activity that moults in thc death or ncccscary rcmoval of thc trcc is subject to thc Violations section of TMC 18.54." 7. All trcc protcction measures installcd shall bc inopcctcd by thc City and, if dccmcd ncccscary a Qualificd Trce Profcssional, prior to bcginning construction or earth moving. 8. Any branches or limbs that arc outoidc of thc CRZ and might bc damaged by machinery shall bc pruned prior to construction by a Qualificd Trcc Profcssional. No construction personncl shall prunc affected limbs cxccpt undcr thc direct cupervioion of a Qualificd Trcc Profcssional. 9. Thc CRZ shall bc covcrcd with 4 to 6 inches of wood chip mulch. Mulch shall not bc placcd dircctly against thc trunk. A 6 inch arch around thc trunk shall bc free of mulch. Additional mesures, such as fertilization or supplemental water, shalt bc carried out prior to thc start of construction if dccmcd necessary by thc Qualificd Trcc Professional's rcport to prepare the trccs for thc stress of construction activities. 10. No storage of cquipmcnt or rcfusc, parking of vchicics, dumping of matcrials or chemicals, or placement of permanent heavy structures or itcms shall occur within thc CRZ. 11. No gradc changcs or soil disturbance, including trcnching, shall bc allowcd within thc CRZ. Cradc changcs within 10 fcct of thc CRZ shall bc approvcd by thc City prior to implementation. Office of the City Clerk 1 City of Tukwila Page 261 of 356 Return to Title 12. Thc applicant is rcsponsiblc for cnsuring that thc CRZ of trccs on adjacent propertics arc not impacted by the proposcd development. 13. A prc construction inspcction shall bc conductcd by thc City to finalize trcc protcction actions. 14. Post construction inspcction of protcctcd trccs shall bc conductcd by thc City and, if dccmcd necessary by thc City, a Qualificd Trcc Profcssional. All corrective or reparative pruning will bc conductcd by a Qualificd Trcc Profcssional. Nord 2141 4 (part), 20241 13.54.070 Trcc Rcplaccmcnt A. Rcplaccmcnt Excmption for Singlc Family and Middlc Housing Trcc Rcmoval. Exccpt for Hcritagc Trccs, the rcmoval of Significant Trccs within any 36 month period on a property zoncd Community Rcsidcntial and improvcd with a single family or middlc housing dwclling, is permittcd, subjcct to thc requirements of Tablc A bclow. TABA Trcc3 (DBH) withaut-r-epiaeemenE0-) 4 >8 18" 2 482 1 and no othcr trcca A combination of trccs of diffcrcnt sizcs may bc rcmovcd without rcplaccmcnt so long as trio total numbcr of trccs rcmovcd does not cxcccd thc numbcr allowcd for thc largest trcc rcmovcd in a 36 month period. Scc Trcc Pcrmit Application for additional details. B. Rcplaccmcnt Standards. 1. Each existing Significant Trcc rcmovcd, including rcmoval of trccs in easements and rights of way for the purposcs of constructing public strccts and utilitics, shall bc rcplaccd with ncw trcc(s), based on thc size of thc existing trcc as shown bclow, up to a maximum dcnsity of 100 ncw trccs per acrc, generally 12 15 fcct apart. If the numbcr of rcquircd rcplaccmcnt trccs cxcccds cite capacity, payment is rcquircd into thc City's Trcc Fund. 2. Trcc Rcplaccmcnt Ratios. Tablc B (bclow) establishes trcc rcplaccmcnt ratios whcn Significant, Exceptional unity Residential and improvcd with a single family dwelling, whcn thc numbcr of trccs permittcd to bc rcmovcd in a 36 month period, as shown in Tablc A, has bccn cxcccdcd, thc rcplaccmcnt ratios sct forth in Tablc B apply. Trccs damaged duc to natural disasters, such as wind storms, hail, icc or snow storms, and earthquakes, arc not rcquircd to bc rcplaccd. Trccs dctcrmincd to bc Defective by thc City or a Qualificd Trce Profcssional, arc not rcquircd to bc rcplaccd. Any trcc rcmoval on undeveloped propertics is subjcct to rcplaccmcnt ratios in Tablc B. Illegal topping and pruning morc than 25% in a 36 month period is subject to rcplaccmcnt ratios in Tablc B. TABLE B Trcc Rcplaccmcnt Rcquircmcnta Trcc3 (DBH) 6-82 44 >8 18" 482 3. Thc property owncr is rcquircd to cnsurc thc viability and long tcrm health of trccs planted for rcplaccmcnt replanted in thc next appropriate ceacon for planting. 4. If all rcquircd rcplaccmcnt trccs cannot bc accommodated reasonably on thc site, thc applicant shall pay into thc Trcc Fund in accordance with thc Consolidated Pcrmit Fcc Schedule adopted by resolution of thc City Council. 5. Trcc rcplaccmcnt shall also mcct thc standards in TALC 18.54.160. Nardi' 2165 100, 2025, Ord 2141 4. (part), 20241 Office of the City Clerk 1 City of Tukwila Page 262 of 356 Return to Title 18754.030 Trcc Rclocation A. Trcc rclocation shall bc carricd out according to Bcst Managcmcnt Practiccs, and trccs proposcd for rclocation shall havc a rc�sonablc chancc of survival. (Ord.. 2741 §4 (pant), 20241 43.54.090 Trcc Fund A. Whcn trccs arc toppcd or rcmovcd without a permit, or if thc numbcr of rcplaccmcnt trccs rcquircd by Tablc B. cannot bc accommodatcd on citc, thc Dircctor shall rcquirc paymcnt into thc Trcc Fund. Thc fcc will bc baccd on thc currcnt cost of thc following: 1. Thc cost of purchasing and dclivcring a 2 inch caliper dcciduous or 6 foot cvcrgrccn trcc; 2. Thc cost of labor to install a trcc; 3. Thc cost of supplics nccdcd for thc installation of a trcc, including but not limitcd to, soil amcndmcnts, mulch, ctakcs, ctc.; and 1. Thc cost of maintcnancc of a new trcc for at least thrcc years, including but not limitcd to, watcring, wccding, and pruning. B. Thc cost of a rcplaccmcnt trcc shall bc updatcd annually in thc Land Ucc Fcc Schcdulc. C. Thc moncy in this fund shall bc uscd by thc City or its contractor to purchasc, plant and maintain trccs on sitcs in thc City. D. Trcc funds may bc uscd by a singlc family or middlc housing property owncr to plant onc or morc ctrcct trccs if approvcd by thc Dircctor and by thc Public Works Dcpartmcnt. Thc trcc spccics must bc approvcd by thc City and be appropriatc to thc citc conditions. Thc property owncr is rccponciblc for thc citc prcparation and maintcnancc of thc ctrcct trcc, pursuant to TMC 18.54.160. NIrO d. 2765 101,2025; OrdN 2741 §4 (I alt), 20241 13.5 714G Dcrformancc A33urancc A. To mitigatc potcntial damagcs that may result from unauthorizcd trcc rcmoval or maintcnancc, thc Dircctor may fcquirc thc applicant to submit a bond, Icttcr of crcdit, or othcr mans of assurancc acccptablc to thc City prior to issuancc of a Trcc Pcrmit, subjcct t 1. Thc applicant may bc rcquircd to post a thrcc year performancc bond or othcr acccptablc sccurity dcvicc to cnsurc thc installation, maintcnancc and adcquatc performancc of trcc protcction mclasures during thc construction proccss. Thc amount of this bond shall cqual 150 perccnt of thc City's cstimatcd cost of rcplacing c€ach rcplaccmcnt trcc. Thc cstimatcd cost per trcc shall bc thc fair markct valuc of thc trcc. Prior to thc Dcpartmcnt's final inspcction, any protcctcd trcc found to bc irrcparably damagcd, scvcrcly strcsscd or dying shall bc rcplaccd according to thc standards idcntificd in this chaptcr. Thc City may rcic€asc all or part of thc bond prior to thc conclusion of thc bonding period if thc applicant dcmonstratcs that thc rcquircmcnts of this scction havc bccn satisficd and thcrc is cvidcncc that thc protcctcd trccs will survivc. If trcca dcsignatcd for rctcntion arc damagcd, thcy shall bc subjcct to rcplaccmcnt. 2. Whcrc rcplaccmcnt trccs arc rcquircd, thc applicant may bc rcquircd to post a onc year rcplaccmcnt trcc maintcnancc bond or othcr acccptablc sccurity dcvicc to cnsurc thc survival of rcplaccmcnt trccs. Thc amount of thc maintcnancc bond shall cqual 150 perccnt of thc cost of plant matcrial, periodic fcrtilizing and pruning, and labor until trcc survival is cnsurcd. In thc cvcnt a rcquircd rcplaccmcnt trcc bccomcs irrcparably damagcd, scvcrcly strcsscd or dics, thc trcc shall bc rcplaccd according to thc standards in this chaptcr. Thc City may rcic€asc all or part of thc bond prior to the conclusion of thc bonding period if thc applicant dcmonstratcs that thc rcquircmcnts of this scction havc bccn satisficd and thcrc is cvidcncc that thc protcctcd trccs will survivc. Submission of annual photos for thrcc yc€ rs documcnting that thc trcc is in good health will satisfy this rcquircmcnt for propertics zoncd Community Rcsidcntial and improvcd with a singlc family Office of the City Clerk 1 City of Tukwila Page 263 of 356 Return to Title or middlc housing dwelling. Trccs that do not survivc thc thrcc yc€r maintcnancc period shall bc replanted and thc thrcc yc\ar maintcnancc period shall restart at thc timc of replanting. 3. Thc applicant shall providc an cstimatc of thc costs associated with thc rcquircd performancc bond or othcr Security as dcscribcd abovc. In lieu of an applicant's cstimatc, thc performancc assurancc shall bc cqual to City staffs bcst cstimatc of possiblc costs to mcct thc abovc rcquircmcnts. In no case shall thc performancc assurancc cxcccd an amount cqual to two and one half times thc current cost of replacing thc plants in accordancc with thc trcc rcplaccmcnt provisions of this chaptcr. 1. Thc performancc assurances shall not bc fully released without final inspcction and approval of complctcd work by thc City, submittal of any post construction evaluations or following any prcscribcd trial maintcnancc period rcquircd in the t. 5. Performance assurances providcd in accordancc with this chaptcr may bc enforced in wholc or in part by the City upon determination by thc Dircctor that thc applicant has failed to fully comply with approved plans and/or conditions. (Ord. 2765 §102, 2025, Ord 2711 §1 (part), 2021) 18.54.110 Liability A. Liability for any adverse impacts or damagcs resulting from work performcd in accordancc with a Trcc Pcrmit, will bc thc sole responsibility of thc owncr of thc cite for which thc permit was issued. B. Issuance of a Trcc Pcrmit and/or compliancc with permit provisions or conditions shall not rclicvc an applicant from any responsibility othcrwisc imposcd by law for damagc to persons or property in an amount greater than thc insured amount rcquircd by this chaptcr. C. Nothing contained in this chaptcr shall bc dccmcd to rclicvc any property owncr from thc duty to keep any trcc or vcgctation upon his or hcr property or undcr his or hcr control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TALC 8.28. D. Thc amount of any sccurity shall not scrvc as a gaugc or limit to thc compensation collcctcd from a property owncr as a rccult of damagcs associated with any vcgctation clearing. E. Thc applicant shall at all timcs protcct improvcmcnts to adjacent propertics and public rights of way or c€ascmcnts from damagc during clearing. Thc applicant shall rcstorc to thc standards in cffcct at thc timc of thc issuance of thc permit any public or private improvcmcnts damaged by thc applicant's operations. (Ord.. 2741 4 (pant), 2024 18.54.120 Pcrmit Exccption; A. Exccption Proccdurcs. An applicant seeking an cxccption from this chaptcr shall submit for an cxccption as part of a Trcc Pcrmit application. Such application shall fully state all substantiating facts and cvidcncc pertincnt to thc cxccption request, and includc supporting maps or plans. Thc cxccption shall not bc grantcd unless and until sufficient reasons justifying thc cxccption arc providcd by thc applicant and vcrificd by thc City. Approval of thc cxccption is subjcct to thc cxccption critcria outlincd bclow. B. Exccption Critcria: 1. Thc Dircctor may grant cxccptions from thc rcquircmcnts of this chaptcr whcn unduc hardship may bc crc€atcd by strict compliancc with thc provisions of this chaptcr. Any authorization for an cxccption may prescribe conditions dccmcd ncccssary or desirable for thc public intcrcst, or ncccssary to mcct thc intcnt of this chaptcr. 2. An cxccption to this chaptcr shall not bc grantcd unlcss all of thc following critcria arc mct: a. Strict compliancc with thc provisions of this codc may jeopardize projcct feasibility or reasonable ucc of property. b. Proposed trcc removal, rcplaccmcnt, and any mitigative measures proposcd, arc consistcnt with the purpose and intcnt givcn in this chaptcr. Office of the City Clerk 1 City of Tukwila Page 264 of 356 Return to Title c. Thc granting of thc cxccption or standard rcduction will not bc dctrimcntal to thc public wclfarc or injurious to othcr property in thc vicinity. 3. In addition to thc abovc critcria, thc Dircctor may also rcquirc rcvicw of an cxccption rcqucst by a third party Qualificd Trcc Profcssional at thc cxpcnsc of thc applicant. (Ord.. 2741 4 (part),2024) 18.54.130 Pcrmit Conformance A. All work must bc performcd in accordancc with approvcd Pcrmit plans spccificd in this chaptcr or rcviscd plans as may bc dctcrmincd by thc Dircctor. Thc applicant shall obtain permission in writing from thc Dircctor prior to modifying approvcd plans. (Qrd 2711 §4 (mart),2021) 18.54.140 , A. Soil Prcparation. 1. Soils must bc prcparcd for planting by incorporating compost and/or topsoil to a dcpth of 12 inchcs throughout thc planting arc. 2. An inspcction of thc planting arcs prior to planting may bc rcquircd to cnsurc soils arc properly prcparcd. 3. Installation of plants must comply with Bct Managcmcnt Practiccs including, but not limitcd to: a. Planting holcs that arc thc samc dcpth as thc sizc of thc root ball and two to thrcc timcs widcr than thc root 196.6 b. Root balls of pottcd and ballcd and burlappcd (B&B) plants must bc looccncd and pruncd as ncccsrcary to cnsurc thcrc arc no cncircling roots prior to planting. All burlap and all straps or wirc baskcts must bc rcmovcd from B&B plants prior to planting. c. Thc top of thc root flarc, whcrc thc roots and thc trunk bcgin, should bc placcd at gradc. Thc root ball shall not cxtcnd abovc thc soil surfacc and thc flarc shall not bc covcrcd by soil or mulch. For barc root plants, cnsurc soil bcncth roots is ctablc cnough to cnsurc corrcct hcight of thc trcc. d. If using mulch around trccs and shrubs, maintain at Icst a 4 inch mulch frcc ring around thc basc of the trcc trunks and woody stcms of shrubs. If using mulch around groundcovcrs until thcy bccomc cstablishcd, mulch shall not bc placcd ovcr thc crowns of percnnial plants. B.Plant Mato../ Stanch.,. 1. Plant matcrial shall bc hclthy, vigorous and wcll formcd, with wcll dcvclopcd, fibrous root cyctcros, frcc from dcd branchcs or roots. Plants shall bc frcc from damagc cauccd by tcmperaturc cxtrcmcs, prc planting or on sits ctoragc, hack of or cxccss moisturc, insccts, discsc, and mcchanical injury. Plants in Icf shall show a full crown and bc of good color. Plants shall bc habituatcd to outdoor cnvironmcntal conditions (i.c. hardcncd off). 2. Evcrgrccn trccs shall bc a minimum of 6 fcct in hcight at timc of planting. 3. Dcciduous trccs shall have at Icst a 2 inch caliper at timc of planting as mcsurcd 4.5 fcct from thc ground, dctcrmincd according to thc Amcrican Standard for Nurccry Stock as it now roads and as hcroaftcr amcndcd. 4. Smallcr plant stock may bc substitutcd on a casc by casc basis with approval of thc City's cnvironmcntal cpccialict. 5. Trcc spacing shall takc into account thc location of cxisting and new trccs as wcll as sitc conditions. 6. Whcrc thcrc arc ovcncc\ad utility Iincs, thc trcc spccics scicctcd shall bc of a typc which, at full maturity, will not intcrfcrc with thc Iincs or rcquirc pruning to maintain ncccscary cloaranccs. C. Trcc Maintcnancc and Pruning. Office of the City Clerk 1 City of Tukwila Page 265 of 356 Return to Title 1. Pruning of trccs should bc (1) for thc health of thc plant material, (2) to maintain sight distances or sight lines, or (3) if intcrfcring with ovcnce€ad utilitics. All pruning must bc done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reds and as hereafter amended. No morc than 25% of thc trcc canopy shall bc pruncd in any two year period, cxccpt for fruit trccs that arc bcing pruncd to incrc€asc harvest potential. Any trcc pruncd in cxccss of 25% of thc canopy shall bc subject to rcplaccmcnt ratios listed undcr TALC 18.54.080. 2. All protcctcd and rcplaccmcnt trccs and vegetation shown in approvcd Trcc Pcrmit shall bc maintaincd in a healthy condition by thc property owncr throughout thc life of thc project, unlcss othcrwisc approvcd by thc Dircctor in a cubscqucnt Trcc Pcrmit. 3. Trccs may only bc pruncd to lower thcir hcight to prevent interference with an ovcnce€ad utility line with prior approval by thc Dircctor. Thc pruning must bc carried out undcr thc dircction of a Qualificd Trcc Profcssional or performcd by thc utility providcr undcr thc dircction of a Qualificd Trcc Profcssional. Thc crown shall bc maintaincd to at least 2/3 the hcight of thc trcc prior to pruning. (Ord.. 2711 §4 (pant),2021) 18.54.150Hcritagc Trccs and Hcritagc Grovc3 A. Hcritagc Trccs or a Hcritagc Crovc must bc nominated for designation by, or approvcd for nomination by, thc owncr of thc property on which thc trcc or grovc is located. B. Designation Critcria. A trcc or grovc that mccts thc basic dcfinition of Hcritagc Trcc or Hcritagc Crovc must also meet one or morc of thc following critcria: 1. Has cxccptional national, ctatc or local historical cignificancc including aSCociation with a historical figurc, property, or significant historical event; or 2. Has an cxccptional size or cxccptional form for its spccics; or 3. Has an cxccptional agc for its spccics; or 4. Is thc solc representative of its spccics in thc arc; or 5. Has cxccptional botanical or ccological value. C. Oncc approvcd, thc Hcritagc Trcc or Hcritagc Crovc shall bc identified by signagc that providcs information as to thc trcc's or grovc's oignificancc. D. Hcritagc Trcc or Hcritagc Grovc Development Rcvicw. 1. Whcn dcvclopmcnt is proposcd for property that contains a Hcritagc Trcc or Crovc, and thc Dircctor determines that thc proposcd dcvclopmcnt may affcct a Hcritagc Trcc, thc property owncr must have a trcc prcocrvation plan prepared by a Qualificd Trcc Profcscional as approvcd by thc Dircctor dcmonctrating how thc Hcritagc Trcc will bc protcctcd and prcscrvcd. A Hcritagc Trcc shall bc prcscrvcd using thc trcc protcction and rctcntion critcria of this chapter. 2. A trcc prcocrvation plan shall bc compoocd of thc following: a. A sitc plan indicating thc location of Hcritagc Trcc(s). b. Thc mcthods to bc uccd to prcccrvc thc Hcritagc Trcc(s). c. A mitigation plan indicating thc rcplaccmcnt trccs or additional new trccs to bc placed on thc site. The mitigation plan should demonstrate, to thc extent possiblc, that thc character of thc sitc will not substantially change as a moult of dcvclopmcnt. 3. Sitc dcoign adjuotmcnts may bc approvcd in some caocs for thc oubjcct property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, oidc, and/or rear yard octback standards to retain a Hcritagc Trcc(s) or Grove may bc reviewed and granted as part of thc underlying land use or construction permit. Thc adjustment shall bc thc minimum Office of the City Clerk 1 City of Tukwila Page 266 of 356 Return to Title ncccssary to accomplish preservation of thc Hcritagc Trcc(s) or Crovc on sitc and shall not conflict with othcr adopted ordinances or conditions placed on thc property. b. Up to a 10% variance to thc lot sizc and/or thc lot width rcquircmcnts in approving any land division if ncccssary to retain Hcritagc Trcc(s) or Crovc. 1. Rcmoval of a Hcritagc Trcc. No person may cut or rcmovc a Hcritagc Trcc without approval of a Typc 2 permit. Thc Trcc Pcrmit may bc approvcd if onc or morc of thc critcria bclow is mct: a. Rctcntion of thc trcc would make rc�sonabIc use of thc property allowcd undcr thc current zoning impractical or impossiblc; or b. Thc removal is ncccssary to accommodate a ncw improvcmcnt, structurc or rcmodcicd structurc, and no altcrnativc cxists for relocation of thc improvcmcnt on thc sitc, or that variances to setback provisions will not allow thc trcc to bc savcd or will cauoc othcr undcoirablc circumotanccs on thc cite or adjacent propertics; or c. Thc trcc is hazardous, diseased or storm damagcd and poscs a thwt to thc health, safcty or welfare of the public; or d. Thc trcc has loot its importance as a Hcritagc Trcc duc to damagc from natural or accidental cauocs, or is no longer of historic or natural significance; or c. Thc trcc nccds to bc rcmovcd to accomplish a public purpooc and no practical altcrnativc cxists. 5. Thc limb structurc or crown of a Hcritagc Trcc may bc pruncd in any onc year period without obtaining a Typc 2 permit providcd that at least 80% of thc cxicting trcc crown remains undicturbcd. 6. Any peroon who wichcs to prunc a Hcritagc Trcc or Grovc in cxccsrc of 20% of thc cxicting crown shall apply for a Trcc Pcrmit and mcct thc following critcria. a. Thc protected trcc shall bc pruncd following acceptable arboricultural standards; and b. Thc trcc shall bc pruncd in a manner that cnoures safcty to public and private property and shall bc carried out by a Qualificd Trcc Profcssional; and c. Any othcr conditions ncccscary to cnourc compliance with thc goals and policics of thc Comprchcnoive Plea (Ord.. 2741 §4 (pant), 20241 1 awe A. Thc City will maintain on filc, and providc upon rcqucot, a list of approvcd trccs for planting and trccs that are prohibited from bcing planted in thc City. Thcsc lists will bc updated as ncw information bccomcs available. NQrd 2741 §4 (pant),2024) 18.54.170 VioIation3 and PcnaItic3 A. Failure to comply with any rcquircmcnt of this chaptcr shall bc deemed a violation subjcct to cnforccmcnt pursuant to this chaptcr and TMC 8.45. B. In addition to any othcr penalties or othcr cnforccmcnt allowcd by law, any peroon who fails to comply with the provisions of this chaptcr also shall bc subjcct to a civil penalty assessed against thc property owncr as set forth hcrcin. Each unlawfully rcmovcd or damagcd trcc shall conotitutc a ocparatc violation. C. Rcmoval or damagc of trcc(s) without applying for and obtaining rcquircd City approval is subjcct to a finc of $1,000 per trcc, or up to thc marketable value of c€ach trcc rcmovcd or damagcd as dctcrmincd by a Qualificd Trcc Profcssional, whichcvcr is greater. D. Any fincs paid as a result of violations of this chaptcr shall bc allocated as follows: 75% paid into thc City's Trcc Fund; 25% into thc Ccncral Fund. Office of the City Clerk 1 City of Tukwila Page 267 of 356 Return to Title E. Thc Dircctor may cicct not to scck pcnaltics or may rcducc thc pcnaltics if he/shc dctcrmincs thc circumstances do not warrant imposition of any or all of thc civil pcnaltics. F. Penalties arc in addition to thc restoration of rcmovcd trccs through thc rcmcdial mc€sures listed in TMC 18.54.200. C. It shall not bc a dcfcnsc to thc prosecution for a failurc to obtai a permit rcquircd by this chaptcr that a contractor, subcontractor, person with responsibility on thc sitc or person authorizing or dirccting thc work crroncously bclicvcs a permit was issucd to thc property owncr or any othcr person. (Ord; 165 §103,2025; OidN 2741 4. (part), 20241 13.54.130 Rcmcdial Mca3urc3 A. In addition to thc pcnaltics assessed, thc Dircctor shall rcquirc any person conducting work in violation of this chaptcr to mitigate thc impacts of unauthorized work by carrying out rcmcdial measures. 1. Any illegal rcmoval of rcquircd trccs shall bc subject to obtaining a Trcc Pcrmit and rcplaccmcnt with trccs that mcct or cxcccd thc functional value of thc rcmovcd trccs. 2. To replace thc trcc canopy lost duc to thc trcc rcmoval, additional trccs mutt bc planted on cite. Paymcnt shall be nnadc into thc City's Trcc Fund if thc numbcr of rcplaccmcnt trccs cannot bc accommodated on cite. Thc numbcr of rcplaccmcnt trccs rcquircd will bc based on thc size of thc trcc(s) rcmovcd as stated in Tablc B. 3. Thc applicant shall satisfy thc permit provisions as cpccificd in this chaptcr. 1. Rcmcdial measures must conform to thc purposes and intcnt of this chaptcr. In addition, rcmcdial mc€sures must mcct thc standards cpccificd in this chaptcr. 5. Rcmcdial measures mutt bc completed to thc satisfaction of thc Dircctor within 6 months of thc date a Noticc of Violation and Ordcr is issucd pursuant to TMC 8.45, or within thc time period othcrwisc spccificd by thc Dircctor. 6. Thc cost of any rcmcdial measures ncccscary to corrcct violation(s) of this chaptcr shall bc bornc by thc property owncr and/or applicant. Upon the-app+cant's failurc to implcmcnt rcquircd rcraediel-Fncacures, thc Dircctor may rcdccm all or any portion of any sccurity submittcd by thc applicant to implcmcnt such rcmcdial mcsurcs, pursuant to thc provisions of this chaptcr. (Ord; 2741 4 (part),2024) 18.54.190 €nforccmcnt A. Ccncral. In addition to thc cnforccmcnt measures prescribed in TMC 8.45, thc Dircctor may take any or all of the cnforccmcnt actions prcscribcd in this chaptcr to cnsurc compliance with, and/or rcmcdy a violation of this chaptcr; and/or whcn immediate danger exists to thc public or adjacent property, as dctcrmincd by thc Dircctor. 1. Thc Dircctor may poet thc cite with a "Stop Work" ordcr dirccting that all vegetation clearing not authorizcd undcr a Trcc Pcrmit cease immediately. Thc issuance of a "Stop Work" ordcr may includc conditions or othcr rcquircmcnts which must bc fulfilled bcforc clearing may rccumc. 2. Thc Dircctor may, aftcr writtcn noticc is givcn to thc applicant, or aftcr thc sitc has bccn postcd with a "Stop Work" ordcr, suspend or revoke any Trcc Pcrmit issued by thc City. 3. No percon shall continuc clewing in an arch covered by a "Stop Work" ordcr, or during thc suspension or revocation of a Trcc Pcrmit, cxccpt work rcquircd to corrcct an immincnt safety hazard as prcscribcd by thc Dircctor. B. Injunctive rclicf. Whcncvcr thc Dircctor has reasonable sauce to bclicvc that any percon is violating or threatening to violate this chaptcr or any provision of an approved Trcc Pcrmit, thc Dircctor may institute a civil action in thc name of the City for injunctivc rclicf to restrain thc violation or thrc€atcncd violation. Such civil action may bc instituted cithcr bcforc or aftcr, and in addition to, any othcr action, procccding or penalty authorizcd by this chaptcr or TMC 8.45. Office of the City Clerk 1 City of Tukwila Page 268 of 356 Return to Title C. Inspcction acccss. 1. Thc Dircctor may inspcct a property to cnsurc compliancc with thc provisions of a Trcc Pcrmit or this chaptcr, consistcnt with TALC 8.45. 2. Thc Dircctor may rcquirc a final inspcction as a condition of a Trcc Pcrmit issuancc to cnsurc compliancc with this chaptcr. Thc permit proccss is complctc upon final approval by thc Dircctor. NIrO d. 2765 1O4, 2025, OrdN 2741 §4 ( alt), 0 4 Office of the City Clerk 1 City of Tukwila Page 269 of 356 Return to Title CHAPTER 18.56 OFF-STREET PARKING AND LOADING REGULATIONS Sections: 18.56.010 Purpose 18.56.020 Chapter Application 18.56.030 Reduction of Existing Parking Spaces 18.56.040 General Requirements 18.56.050 Required Number of Parking Spaces 18.56.060 Off -Street Loading Space 18.56.065 Access and Parking Standards for Residential Uses in the CR Zone 18.56.070 Cooperative Parking Facilities 18.56.080 Accessible Parking 18.56.090 Compact Car Allowance 18.56.100 Uses Not Specified 18.56.110 Landscaping and Screening 18.56.120 Filing of Plans 18.56.130 Development Standards for Bicycle Parking 18.56.135 Electric Vehicle Charging Station Spaces 18.56.140 Administrative Variance from Parking Standards 18.56.010 Purpose A. It is the purpose of this chapter to provide for adequate, convenient, and safe off-street parking and loading areas for the different land uses described in this title. Ours 2741 §4 (part), 2024 18.56.020 Chapter Application A. Off-street parking and loading spaces shall be provided as an accessory use in all zones in accordance with the requirements of this chapter, at the time any principal building or structure is erected, enlarged or at the time there is a change in its principal use. Pr s 27C5 §105, 2025; Ours. 2741 44 (part), 2024 18.56.030 Reduction of Existing Parking Spaces A. Any off-street parking area already in use or established hereafter shall not be reduced below the limits required by this chapter by the construction of any addition to a building or structure, nor by the erection of an additional building or structure on the property. Any change of principal and/or secondary use must meet the parking requirements of the new use. Ors 2°011 §4 (part), 2022 18.56.040 General Requirements A. Required off-street parking and loading facilities shall be developed in accordance with the following standards: 1. Adequate ingress and egress from any required parking space for a commercial use shall be provided without moving another vehicle. 2. The slope of off-street parking spaces shall not exceed 5%. The slope of entrance and exit driveways providing access for off-street parking areas and internal driveway aisles without parking stalls shall not exceed 15%. 3. For commercial uses, the Public Works Director or the Community Development Director may require ingress separate from egress for safer flow of traffic. Office of the City Clerk 1 City of Tukwila Page 270 of 356 Return to Title 4. Parking Dimensions: Minimum parking area dimensions for required parking facilities shall be as provided in Figure 18-6. Standard and compact parking stalls shall be allowed a two -foot landscaping overhang to count towards the stall length. 5. Location: a. All off-street parking shall be accessory to a primary use or structure except as allowed by the Land Use Tables 18-2 and 18-6. b. Additionally, off -premises parking areas shall be subject to compliance with the covenant parking standards in TMC 18.56.070, "Cooperative Parking Facility." c. Wheel stops shall be installed on the periphery of parking lots so cars will not protrude off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 6. Driveways and Maneuverability: a. Ingress and egress from required parking spaces shall not require reversing a vehicle further than 50 feet. b. Turning and maneuvering space shall be located entirely on private property unless specifically approved by the Director of Public Works. c. Ingress and egress to any off-street parking lot shall not be located closer than 15 feet from point of tangent to an intersection. d. The Director may require areas not designed or approved for parking to be appropriately marked, signed, or blocked to prevent parking. e. Parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. All traffic -control devices, such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs and other developments shall be installed and completed as shown on the approved plans. f. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed or raised six inches above the lot surface. 7. Surface: a. Off-street parking or loading facilities shall be paved with asphalt, concrete, permeable pavement, or other similar approved material(s) that maintains a durable uniform surface and shall be graded and drained as to dispose of all surface water, but not across sidewalks. 8. No obstruction that would restrict car door opening shall be permitted within five feet of the centerline of a parking space. 9. Any lighting on a parking lot shall illuminate only the parking lot, designed to avoid undue glare or reflection on adjoining premises. 10. Curb -Cuts: All parking areas shall have specific entrances and/or exits to the street. The dimensional standards of streets and curb -cuts shall comply with the requirements of TMC Title 17 and the Department of Public Works. 11. Use of Parking Stalls: Parking stalls shall not be used for permanent or semi -permanent parking or storage of trucks or materials. Pr s 27C5 §10E, 2025; Ours. 2741 V (part), 2024 Office of the City Clerk 1 City of Tukwila Page 271 of 356 Return to Title 18.56.050 Required Number of Parking Spaces A. The minimum number of off-street parking spaces for the listed uses shall be as shown in Figure 18-7 and TMC 18.28.260. Minimum parking requirements shall be maintained over the life of the original or primary use. Any additional uses, either secondary or accessory in nature, must have parking available that does not impact the minimum parking of the original or primary use. This extends to parking spaces used for park -and -fly lots or use of parking for storage or outdoor displays. B. A development that creates public new on -street parking spaces via frontage improvements or new streets, in accordance with the standards of TMC Title 17 and the Department of Public Works, may count the provided on -street spaces toward the total minimum requirements for the proposed uses of the premise. Or s 2tE5 10t, 2025, Or 2/1„1 4 (part), 2021 18.56.060 Off -Street Loading Space A. Off-street space for standing, loading and unloading services shall be provided in such a manner as not to obstruct freedom of traffic movement on streets or alleys. For all office, commercial, and industrial uses, each loading space shall consist of at least a 10-foot by 30-foot loading space with 14-foot height clearance for small trucks such as pickup trucks, or a 12-foot by 65-foot loading space with 14-foot height clearance for large trucks, including tractor -trailers. These requirements may be modified if the Director finds that such reduction will not result in injury to neighboring property, or obstruction of fire lanes/traffic, and will be in harmony with the purposes and intent of this chapter. Or 2tE5 §108, 2025, Or 2/1„1 4 (part), 2021 18.56.065 Access and Parking Standards for Residential Uses in the CR Zone A. The following standards shall apply to all residential uses within the CR zone. 1. A pedestrian path that leads to each door that provides ingress/egress to a dwelling unit shall be provided. The path shall meet the following minimum standards: a. The minimum width shall be 6 feet. b. The pedestrian path shall extend from the exterior door to the nearest abutting public street, or private street for which the inhabitants of the dwelling unit have legal right of use. The path shall connect to any existing or proposed sidewalk that abuts the property. c. The pedestrian path shall either be paved with a permeable durable uniform surface or with decorative stone, brick, or other similar materials. Gravel shall not be permitted. d. For residential uses other than townhouses, the pedestrian path shall be separate and distinct from areas of the property used for the parking or loading of motor vehicles. e. The route of the pedestrian path shall be the shortest efficient and logical route possible, while avoiding impacts to significant trees and critical areas. f. Pedestrian pathways leading to dwelling units that are accessible to those with disabilities shall not feature inaccessible design elements such as stairs. 2. Each dwelling unit is permitted a maximum of one vehicular driveway. 3. Preference shall be given to the following vehicular access point design scenarios, in the order given. The applicant shall demonstrate why each scenario is infeasible for the site, due to site specific circumstances that are not the not the result of deliberate actions of the applicant or property owner, before proposing the next preferable vehicular access point scenario. For the purposes of this section, vehicular access points include curb cuts. a. First: The project proposes to reduce the total number of vehicular access points to existing streets. This may be accomplished by consolidating existing vehicular access points, both on- and off -site. b. Second: The project proposes the same total number of vehicular access points to existing streets. This may be accomplished by co -locating access with an existing vehicular access point, both on- and off -site. Office of the City Clerk 1 City of Tukwila Page 272 of 356 Return to Title c. Third: The project proposes no more than one additional vehicular access point to existing streets. This single vehicular access point shall serve all dwelling units on a parcel. d. Last: The project proposes more than one additional vehicular access point to existing streets. 4. Tandem parking spaces shall be permitted to satisfy minimum parking requirements. 5. Recreational vehicles, boats, and trailers shall be parked, kept or stored on an approved durable uniform surface and shall not be parked, kept or stored in required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle prevents access by emergency responders to all sides of a structure. 6. For parcels with street frontage: No more than 50% of the area of the first 15 feet of the property from the street frontage may be covered with a driveway or surface parking area. The Director may approve exceptions to this requirement for pie -shaped or other odd shaped lots where it is infeasible to meet this requirement. 7. No more than six (6) motor vehicles shall be parked on a surface parking area associated with a single dwelling unit for a period of more than 48 hours. The parking limitations in this subsection shall apply to all motor vehicles as defined by state law with the exception of motorcycles and mopeds. Pr s 27C5 §10 , 2025; Ours.. 2741 V (part), 2024 18.56.070 Cooperative Parking Facilities A. Shared Parking: When two or more property owners agree to enter into a shared parking agreement, the setbacks and landscaping requirements on their common property line(s) may be waived with that land used for parking, driveway and/or building. B. Covenant Parking: When required parking is provided on a parcel other than the parcel containing the associated primary use, the following conditions shall apply: 1. Parking areas are only permitted associated with a primary use or in a zoning district which permits parking areas outright. A covenant parking agreement does not excuse an applicant from compliance with the use restrictions of the zoning district, as established by the Land Use Tables 18-2 and 18-6. 2. A covenant shall be executed between the owner or operator of the principal use that the covenant parking will serve, the owner of the parking spaces, and the City stating the responsibilities of the parties. This covenant and accompanying legal descriptions of the principal use and the lot upon which the spaces are to be located shall be recorded with King County, and a copy with the recording number and parking layouts shall be submitted as part of any permit application for development. 3. The covenant lot must be within 800 feet of the primary use or a shuttle service to the use must be provided with its route, service, and operations approved by the Director. C. When any Shared or Covenant parking agreement between parties, as referenced above, is modified or terminated, the owner of the parking spaces shall be responsible for notifying the Director. In this event, all affected parties shall provide documentation that a minimum of 50% of the required minimum parking will be available within 90 days following termination of the agreement, with the remainder to be available 365 days following termination of the original agreement. If a variance is sought, the application must be submitted within 14 days of the signed agreement to terminate and the reduction in parking spaces will only be allowed if the variance is approved. Office of the City Clerk 1 City of Tukwila Page 273 of 356 Return to Title D. Complementary Parking: A complementary use is a portion of the development that functions differently than the primary use but is designed to serve or enhance the primary land use without creating additional parking needs for the primary traffic generator. Up to 10% of the usable floor area of a building or facility may be occupied by a complementary use without providing parking spaces in addition to the number of spaces for the principal use. Examples of complementary uses include pharmacies in hospitals or medical offices, food courts or restaurants in a shopping center or retail establishments. E. Applications for shared, covenant or complementary parking shall be processed as Type 2 decisions, pursuant to TMC 18.108.020. Or 27C5 §110, 2025; Our. 2741 §4 (part), 2024' 18.56.080 Accessible Parking A. All parking provided for the handicapped, or others meeting definitions of the 1991 Americans with Disabilities Act (ADA), shall meet requirements of the Chapter 11 of the 1994 Uniform Building Code, as amended by WAC 51.30, et seq. (See Figure 18-8.) Or 27 5 §111, 2025; Our. 2741 §4 (part), 2024' 18.56.090 Compact Car Allowance A. A maximum of 50% of the total off-street parking stalls may be permitted and designated for compact cars. B. Each compact stall shall be designated as such, with the word COMPACT printed onto the stall, in a minimum of eight -inch letters and maintained as such over the life of the use of both the space and the adjacent structure it serves. C. Dimensions of compact parking stalls shall conform to the standards as depicted in Figure 18-6 of this chapter. D. Compact spaces shall be reasonably dispersed throughout the parking lot. Or 2°2C5 §112, 2025, Or 214„1 §4 (part), 2024 18.56.100 Uses Not Specified A. In the case of a use not specifically mentioned in this chapter, the requirements for off-street parking facilities shall be determined by the Director. Such determination shall be based upon the requirements for the most comparable use specified in this chapter. Ours 2741 1 4 (part), 2024 18.56.110 Landscaping and Screening A. Landscaping and screening requirements shall be as provided in the Landscape, Recreation, Recycling/ Solid Waste Space Requirements chapter of this title. Our 2741 §4 (part), 2024 18.56.120 Filing of Plans A. Detailed plans of off-street parking areas, indicating the proposed development including the location, size, shape, design, curb -cuts, adjacent streets, circulation of traffic, ingress and egress to parking lots and other features and appurtenances of the proposed parking facility, shall be filed with and reviewed by the Department. The parking area shall be developed and completed to the required standards before an occupancy permit for the building may be issued. The parking lot layout shall be reviewed as part of the underlying land use or the construction permit. If the proposal includes only reconfiguring of the parking lot such as adding/deleting parking spaces, making changes to the interior parking lot landscaping, or altering fire lanes, but no other land use permit or other construction permit is required, then the restriping proposal shall be reviewed as a Type 2 decision process as outlined in TMC 18.108.020. Or 2105 §113, 2025, Our 214„1 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 274 of 356 Return to Title 18.56.130 Development Standards for Bicycle Parking A. Required Number of Bicycle Parking Spaces: The required number of parking spaces for bicycles are included in TMC 18.56.050, Figure 18-7. B. Types of Bicycle Parking: 1. Short-term: This type of bicycle parking is typically not used for overnight parking or for use longer than 4 hours, is typically unsheltered, and is typically available on a first -come, first -serve basis. The most common users are site visitors. 2. Secure: This type of bicycle parking is typically used for overnight parking or for use longer than 4 hours and is typically available only with prior authorization. The most common users are residents or employees of a site. C. General Standards: 1. Access to all bicycle parking spaces shall be step -free and shall not require the use of stairs. 2. Required secure bicycle parking shall be permitted in the following locations: a. On -site or within 50 feet of the main entrance of the use triggering bicycle parking requirements, within an access controlled and secure dedicated bike storage space that provides weather protection. This space may take the form of bicycle lockers, rooms, cages, hangars, or any other solution that meets the requirements of this section; or b. Within a designated space inside of a dwelling unit or a private residential garage. 3. All bicycle parking not located within a structure shall be separated from motor vehicle traffic by a barrier, curb, post, bollard or other similar device. 4. Short-term bicycle parking shall be located within 50 feet of the nearest entrance of the building to the use, unless the applicant demonstrates that, due to circumstances outside of the control of the applicant, such a location is infeasible. The applicant shall demonstrate that the location proposed is highly visible, safe, well -lit, accessible, and emphasizes user convenience and deterrence of theft. 5. Bicycle parking may be permitted on public property (such as within flex zones or clear zones of daylighted intersections) with approval of the Department of Community Development and the Department of Public Works. 6. Projects proposing new streets with on -street parking may substitute any area used for on -street parking with short-term or secure bicycle parking that meets the requirements of this section and all requirements of the Department of Public Works and the Department of Community Development. 7. A building shall not prevent the usage by a bicycle of any vehicle garage entrance unless an equivalently accessible entrance is provided for bicycle access. 8. Required bicycle spaces not located within an individual residential dwelling or private residential garage shall feature inverted "U" racks (also called staple racks or loop racks) and/or post -and -ring racks and/or two-tier parking with lift assists. Parking spaces shall not be designed in a manner that requires a user to lift a bicycle without mechanical assistance. 9. Required secure bicycle spaces located within an individual residential dwelling shall be permitted when the dwelling unit is accessible without the use of stairs and the bicycle parking is accessible without rolling the bicycle over carpeting or other porous flooring materials. Floor plans shall indicate the designated bicycle parking space within each dwelling unit. Bicycle parking spaces within dwelling units shall be excluded from the calculations of livable area. 10. Secure bicycle parking for commercial uses and residential uses with greater than 10 attached dwellings shall provide at least 50% of required bicycle parking spaces horizontally on the ground. Bicycle parking spaces shall have a minimum dimension of 3 feet by 6 feet. Individual bicycle parking spaces shall be spaced with racks no less than 30-inches off -center, or 17-inches off -center for high density offset arrangements. 11. Uses requiring greater than 10 bicycle parking spaces shall feature a minimum of one electrical wall outlet per 5 spaces, to be used for bicycle maintenance or electric bike charging. Or s 27C5 114, 2025; Or „1 44 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 275 of 356 Return to Title 18.56.135 Electric Vehicle Charging Station Spaces A. Applicability: Regulations are applicable to all parking lots or garages, except those that include restricted electric vehicle charging stations. B. Number of stations: No minimum number of charging station spaces is required. C. Minimum Parking Requirements: An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other sections of this chapter. D. Location and Design Criteria: The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options. 1. Where provided, parking for electric vehicle charging purposes is required to include the following: a. Signage: Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operation shall be included if time limits or tow away provisions are to be enforced. Refer to the Manual on Uniform Traffic Control Devices for electric vehicle and parking signs. Electric Vehicle Parking Sign Examples: ELECTRIC VEHICLE CHARGING STATION 12" x 12" FOR ELECTRIC C VEHICLCAii G 12" x 18" 12" x 18" b. Maintenance: Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A telephone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or when other problems are encountered. c. Accessibility: Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005. d. Lighting: Where charging station equipment is installed, adequate site lighting shall exist, unless charging is allowed during daytime hours only. 2. Charging station spaces for electric vehicles should also consider the following signage information: a. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information. Office of the City Clerk 1 City of Tukwila Page 276 of 356 Return to Title b. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). Refer to the Manual on Uniform Traffic Control Devices for electric vehicle and directional signs. Directional Siqn Examples: ELECTRIC VEHICLE CHARGING STATION 12" x 12" 12" x 6" • 12" x 12" • 12" x 6" Ours 2741 §4 (part), 2024 18.56.140 Administrative Variance from Parking Standards A. General: 1. A Type 2 request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. 2. The project developer shall present all findings to the Director prior to any final approvals, including design review, conditional use permit review, building review or any other permit reviews required by the Director. B. Criteria: 1. All requests for reductions in parking shall be reviewed under the criteria established in this section. 2. In addition to the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed after: a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. C. Process: 1. An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties or potential future uses. This may take the form of a brief report for administrative variances. Decreases in excess of 10% must be made to the Hearing Examiner. The Director may require additional studies to ensure that negative impacts are properly mitigated. A complete and detailed Parking Demand Study is required for requests reviewed by the Hearing Examiner. 2. All site characteristics should be described in the report, including: a. Site accessibility for transit. b. Site proximity to transit, with 15- to 30-minute headways. c. Shared use of on -site parking. Office of the City Clerk 1 City of Tukwila Page 277 of 356 Return to Title d. Shared use of off -site parking. e. Combined on -site parking. f. Employee density. g. Adjacent land uses. D. Review: Applications for variances for reductions below minimum parking requirements shall be processed pursuant to TMC 18.104. Pr s 7C5 1 15,2025; Ours 41 V (part), 2024 Office of the City Clerk 1 City of Tukwila Page 278 of 356 Return to Title CHAPTER 18.58 WIRELESS COMMUNICATION FACILITIES Sections: 18.58.010 Purpose 18.58.020 Authority and Application 18.58.030 Exemptions 18.58.040 Definitions 18.58.050 General Provisions 18.58.060 Macro Facilities 18.58.070 New Towers 18.58.080 Removal of Abandoned Wireless Communication Facilities 18.58.090 Eligible Facilities Requests 18.58.100 Small Wireless Facility Application Process 18.58.110 Small Wireless Facility Application Requirements 18.58.120 Small Wireless Facility Review Criteria and Process 18.58.130 Small Wireless Facility Permit Requirements 18.58.140 Small Wireless Facility Modification 18.58.150 Decorative Poles 18.58.160 Small Wireless Facility Aesthetic, Concealment, and Design Standards 18.58.010 Purpose A. The purpose of this Chapter, in addition to implementing the general purposes of the Comprehensive Plan and development regulations, is to regulate the permitting, placement, construction, and modification of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. The purpose of this Chapter will be achieved through adherence to the following objectives: 1. Establish clear and nondiscriminatory local regulations concerning telecommunications providers and services that are consistent with Federal and State laws and regulations pertaining to telecommunications providers; 2. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to impacts on aesthetics, environmentally sensitive areas, historically significant locations, and flight corridors; 3. Minimize potential adverse visual, aesthetic, and safety impacts of wireless communication facilities; 4. Establish objective standards for the placement of wireless communications facilities; 5. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services; 6. Encourage the location or attachment of multiple facilities within or on existing structures to help minimize the total number and impact of such facilities throughout the community; 7. Require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, in order to reduce cumulative negative impact upon the City; 8. Encourage wireless communication facilities to be configured in a way that minimizes the adverse visual impact of the wireless communication facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, and through assessment of the carrier's service objective, current location options, siting, future available locations, and innovative siting techniques; 9. Enhance the ability of the wireless communications facility providers to provide such services to the community quickly, effectively and efficiently; Office of the City Clerk I City of Tukwila Page 279 of 356 Return to Title 10. Provide for the removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and Building Code compliance, and provide a mechanism for the City to cause these abandoned wireless communication facilities to be removed, to protect the citizens from imminent harm and danger. B. In furtherance of these objectives, the City shall give due consideration to the Comprehensive Land Use Plan, zoning code, existing land uses, and environmentally sensitive areas in approving sites for the location of communication towers and antennas. C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize visual impact, while furthering the development of enhanced telecommunication services in the City. The provisions of this Chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This Chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting wireless service within the City. D. To the extent that any provision of this Chapter is inconsistent or conflicts with any other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be construed consistently with the other provisions and regulations of the City. Or s 2°M1 §4 (part), 2022 18.58.020 Authority and Application A. The provisions of this Chapter shall apply to the placement, construction or modification of all wireless communication facilities, except as specifically exempted in TMC 18.58.030. Any person who desires to locate a wireless communication facility inside or outside the right-of-way, which is not specifically exempted by TMC 18.58.030, shall comply with the applicable application permitting requirements, and design and aesthetic regulations described in this Chapter. In addition, applicants for wireless communication facilities inside the City's right-of-way must also obtain a franchise pursuant to TMC 11.32. Ours 2741 §4 (part), 2024 18.58.030 Exemptions A. The provisions of this Chapter shall not apply to the following: 1. Routine maintenance and repair of wireless communication facilities (excluding structural work or changes in height or dimensions of support structures or buildings); provided that the wireless communication facilities received approval from the City for the original placement and construction and provided further that compliance with the standards of this code is maintained and right -of -use permit obtained if the wireless communication facility is located in the right-of-way. 2. Changing or adding additional antennas within a previously permitted concealed building -mounted installation is exempt provided there is no visible change from the outside. 3. Bird exclusionary devices. 4. Additional ground equipment placed within an approved equipment enclosure, provided the height of the equipment does not extend above the screening fence. 5. An antenna that is designed to receive or send direct broadcast satellite service and/or broadband signals, or other means for providing internet service including direct -to -home satellite services, and that is 1 meter or less in diameter or diagonal measurement, and when the antenna is attached to the residence or business that is utilizing the service. 6. An antenna that is designed to receive video programming services via multipoint distribution services, including multi -channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is 1 meter or less in diameter or diagonal measurement. 7. An antenna that is designed to receive television broadcast signals. 8. Antennas for the receiving and sending of amateur radio devices or ham radios, provided that the antennas meet the height requirements of the applicable zoning district, and are owned and operated by a Federally -licensed amateur Office of the City Clerk 1 City of Tukwila Page 280 of 356 Return to Title radio station operator or are used exclusively for receive -only antennas and provided further that compliance with the standards of this code is maintained. 9. Emergency communications equipment during a declared public emergency, when the equipment is owned and operated by an appropriate public entity. 10. Any wireless communication facility that is owned and operated by a government entity, for public safety radio systems, ham radio and business radio systems. 11. Antennas and related equipment no more than 3 feet in height that are being stored or displayed for sale. 12. Radar systems for military and civilian communication and navigation. 13. Automated meter reading ("AMR") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length, so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the City. 14. Eligible facilities requests. See TMC 18.58.090. Ours 2741 §4 (part), 2024 18.58.040 Definitions A. For the purposes of this Chapter, the following terms shall have the meaning ascribed to them below. 1. "Antenna(s)" in the context of small wireless facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting radiofrequency ("RF") radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless and any commingled information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized by 47 CFR Title 15. 2. "Antenna equipment," consistent with 47 CFR 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when collocated on a structure, are mounted or installed at the same time as the antenna. 3. "Applicant" means any person submitting an application for a wireless communication facility permit pursuant to this Chapter. 4. "Colocation" means: a. Mounting or installing an antenna facility on a preexisting structure; and/or b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. 5. "Director" means the Department of Community Development Director or designee. 6. "Equipment enclosure" means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. 7. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. 8. "Macro Facility" means a large wireless communication facility that provides radio frequency coverage for wireless services. Generally, macro facility antennas are mounted on ground -based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro wireless communication facilities (WCF) typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Macro facilities include but are not limited to monopoles, lattice towers, macro cells, roof -mounted and panel antennas, and other similar facilities. 9. "Permittee" means a person who has applied for and received a wireless communication facility permit pursuant to this Chapter. Office of the City Clerk I City of Tukwila Page 281 of 356 Return to Title 10. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 11. "Person" includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals. 12. "Service provider" shall be defined in accord with RCW 35.99.010(6). "Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless communication facilities. 13. "Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1). 14. "Stealth Technique" means stealth techniques specifically designated as such at the time of the original approval of the wireless communication facility for the purposes of rendering the appearance of the wireless communication facility as something fundamentally different than a wireless communication facility including, but not limited to, the use of nonreflective materials, appropriate colors, and/or a concealment canister. 15. "Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna equipment, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services). 16. "Telecommunications service" shall be defined in accord with RCW 35.99.010(7). 17. "Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services, and fixed wireless services such as microwave backhaul and the associated site. 18. "Traffic signal pole" means any structure designed and used primarily for support of traffic signal displays and equipment, whether for vehicular or nonmotorized users. 19. "Transmission equipment" means equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 20. "Unified enclosure" means a small wireless facility providing concealment of antennas and equipment within a single enclosure. 21. "Utility pole" means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. 22. "Wireless communication facilities" or "WCF" means facilities used for personal wireless services. 23. "Wireline" means services provided using a physically tangible means of transmission including, without limitation, wire or cable, and the apparatus used for such transmission. Ors 2741 §4 (part), 2024 18.58.050 General Provisions A. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of TMC 18.100, TMC 18.104 and TMC 18.108 do not apply to this TMC 18.58. B. Macro facilities, as defined in TMC 18.58.040, are allowed in zones consistent with TMC 18.58.060.F and require a macro facility permit pursuant to TMC 18.58.020. Office of the City Clerk 1 City of Tukwila Page 282 of 356 Return to Title C. Small wireless facilities, as defined in TMC 18.58.040, are permitted uses throughout the City but still require a small wireless facility permit pursuant to TMC 18.58.020. Small wireless facilities located within the City's rights -of -way require a valid franchise. D. No provision of this Chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping on a site. E. Applicants use various methodologies and analyses, including geographically -based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The reasonable costs actually incurred by the City for such technical review shall be borne by the applicant, provided that the City provides to the applicant an itemized accounting of the costs actually charged by said third party reviewer and incurred by the City. F. Appeals: Appeals related to wireless communication facilities shall be filed in King County Superior Court or in a court of competent jurisdiction. G. Permit Revocation — Suspension — Denial: A permit issued under this Chapter may be revoked, suspended or denied for any one or more of the following reasons: 1. Failure to comply with any federal, state, or local laws or regulations. 2. Failure to comply with the terms and conditions imposed by the City on the issuance of a permit. 3. When the permit was procured by fraud, false representation, or omission of material facts. 4. Failure to comply with federal standards for RF emissions. Ors 2741 §4 (part), 2024 18.58.060 Macro Facilities In order to manage the City in a thoughtful manner that balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Tukwila has adopted this administrative process for the deployment of macro facilities. Applicants are encouraged and expected to provide all related applications listed in TMC 18.58.060.A for each facility in one submittal unless they have already obtained a franchise or lease. A. Required applications: The Director is authorized to establish application forms to gather the information required by City ordinances from applicants. 1. Franchise: If any portion of the applicant's facilities are to be located in the right-of-way, the applicant shall apply for, and receive, a franchise consistent with TMC 11.32. An applicant with a franchise for the deployment of macro facilities in the City may apply directly for a macro facility permit and related approvals. 2. Macro Facility Permits: The applicant shall submit a macro facility permit application as required by TMC 18.58.020. Prior to the issuance of a macro facility permit, the applicant shall pay a permit fee in an amount in accordance with the fee schedule adopted by resolution of the City Council, or the actual costs incurred by the City in reviewing such permit application. 3. Associated Permit(s) and Checklist(s): The applicant shall attach all associated required permit applications including, but not limited to, applications required under TMC 11.08, and applications or check lists required under the City's Critical Areas, Shoreline or SEPA ordinances. 4. Leases: An applicant who desires to place a macro facility on City property outside the right-of-way or attach a macro facility to any structure owned by the City shall include an application for a lease as a component of its application. Leases for the use of public property, structures, or facilities shall be submitted to the City Council for approval. Office of the City Clerk 1 City of Tukwila Page 283 of 356 Return to Title B. Macro facility Applications: 1. A pre -application meeting is encouraged prior to submitting an application for a macro facility permit. 2. Public Notice: The City shall provide notice of a complete application for a macro facility permit on the City's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. 3. Review: The Director shall review the application for conformance with the application requirements in this Chapter and specifically the review criteria in TMC 18.58.060.0 to determine whether the application is consistent with this Chapter. 4. Decision: The Director shall issue a decision in writing. The Director may grant a permit, grant the permit with conditions pursuant to this chapter and the code, or deny the permit. a. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. b. If no reasonable condition(s) can be imposed that ensure the application meets such requirements, the application shall be denied. c. The Director's decision is final. C. Macro Facility Review Criteria: 1. No application for a macro facility may be approved unless all of the following criteria, as applicable, are satisfied: a. The proposed use will be served by adequate public facilities including roads, and fire protection. b. The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property and will not materially disturb persons in the use and enjoyment of their property. c. The proposed use will not be materially detrimental to the public health, safety and welfare. d. The proposed use complies with this Chapter and all other applicable provisions of this code. 2. The Director shall review the application for conformance with the following criteria: a. Compliance with prioritized locations pursuant to TMC 18.58.060.F. b. Compliance with development standards pursuant to TMC 18.58.060.G. D. Macro Facility Permit Requirements: 1. The permittee shall comply with all of the requirements within the macro facility permit. 2. The permittee shall allow collocation of proposed macro facilities on the permittees' site, unless the permittee demonstrates that collocation will impair the technical operation of the existing macro facilities to a substantial degree. 3. The permittee shall notify the City of any sale, transfer, assignment of a macro facility within 60 days of such event. 4. All installations of macro facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable. 5. A macro facility permit issued under this chapter must be substantially implemented within 24 months from the date of final approval or the permit shall expire. The permittee may request one extension to be limited to 12 months, if the applicant cannot construct the macro facility within the original 24-month period. 6. Site Safety and Maintenance: The permittee shall maintain the macro facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly including, but not limited to, following any maintenance or modifications on the site. Office of the City Clerk I City of Tukwila Page 284 of 356 Return to Title E. Macro Facility Location Hierarchy: Macro facilities shall be located in the following prioritized order of preference: 1. Collocated on existing macro facility(ies) or another existing public facility/utility facility (i.e., an existing or replacement utility pole or an existing monopole/tower). 2. Collocated on existing buildings and structures located in nonresidential zones. 3. Collocated on existing building and structures in residential zones not used for residential uses (e.g. religious facility or public facility). 4. New monopole/tower proposed in an industrial, commercial, or business zone district, where the sole purpose is for wireless communication facilities; provided that approval for new monopole/tower is given pursuant to TMC 18.58.070. Said monopole/tower shall be the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the monopole/tower shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. Further, the monopole/tower shall comply with the setback requirements of the commercial or business zone districts, as applicable. In no case shall the monopole/tower be of a height that requires illumination by the Federal Aviation Administration (FAA). 5. New monopole/tower proposed in a residential zone district, where the sole purpose is for wireless communications, but only if the applicant can establish that the monopole/tower cannot be collocated on an existing facility or structure and receives approval pursuant to TMC 18.58.070. Further, the proposed monopole/tower shall be no higher than the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the structure shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. In no case shall the antenna be of a height that requires illumination by the FAA. F. Macro Facility Design and Concealment Standards: All macro facilities shall be constructed or installed according to the following standards: 1. Macro facilities must comply with applicable FCC, Federal Aviation Administration (FAA), state, and City regulations and standards. 2. Antennas shall be located, mounted and designed so that visual and aesthetic impacts upon surrounding land uses and structures are minimized, and so they blend into the existing environment. 3. Macro facilities must be screened or camouflaged employing the best available techniques, such as compatible materials, non -glare paint, location, color, artificial trees and hollow flagpoles, and other tactics to minimize visibility of the facility from public streets and residential properties. a. Macro facilities shall be designed and placed or installed on a site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by: (1) Using existing site features to screen the macro facility from residential properties and the right-of-way; (2) Using existing or new site features as a background in a way that helps the macro facility blend into the b. As a condition of permit approval, the City may require the applicant to supplement existing trees and mature vegetation within its screened area to screen the facility. c. A macro facility shall be painted either in a nonreflective color or in a color scheme appropriate to the background against which the macro facility would be viewed from a majority of points within its viewshed, and in either case the color must be approved by the City as part of permit approval. d. Macro facilities may be subject to additional screening requirements by the Director to mitigate visual impacts to adjoining properties or public right-of-way as determined by site -specific conditions. and background. Office of the City Clerk I City of Tukwila Page 285 of 356 Return to Title 4. If proposing to locate on a building, the macro facility shall meet the height requirements of the underlying zoning category; provided the macro facility may exceed the height requirements by 10 feet so long as the macro facility is shrouded or screened. 5. If proposing to locate on a replacement utility pole, the height of the replacement pole shall not exceed 15 feet taller than the existing pole and may not be greater than 50 feet tall in residential zones unless the applicant demonstrates in writing that an additional height increase is required for vertical clearance separation and it is the minimum extension possible to provide sufficient separation. Within all other zones, the height of the replacement utility pole shall not exceed 10 feet taller than the height requirements of the underlying zone. 6. The use of a utility pole for siting of a macro facility shall be considered secondary to the primary function of the pole. If the primary function of the pole serving as the host site of the macro facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the macro facility and the macro facility and all associated equipment shall be removed. 7. Equipment facilities shall be placed underground if feasible, or, if permitted above ground, shall: a. Be screened from any street and adjacent property with fencing, walls, landscaping, structures or topography or a combination thereof or placed within a building; and b. Not be located within required building setback areas. 8. If a security barrier is installed that includes a fence, wall or similar freestanding structure, the following shall apply: a. The height of the barrier shall be restricted by the height limitations in the zoning district. The height is measured from the point of existing or finished grade, whichever is lower at the exterior side of the barrier to the highest point of the barrier. b. Be screened from adjoining properties and City right-of-way through the use of appropriate landscaping materials including: (1) Placement of landscape vegetation around the perimeter of the security barrier, except that a maximum 10-foot portion of the fence may remain without landscaping in order to provide access to the enclosure. (2) The landscaping area shall be a minimum of 5 feet in width. (3) The permittee shall utilize evergreen plants that shall be a minimum of 6 feet tall at the time of planting and shall obscure the site within 2 years. (4) Landscaping and the design of the barrier shall be compatible with other nearby landscaping, fencing and freestanding walls. (5) If a chain link fence is allowed in the zone district, it shall be green vinyl slats. 9. Sufficient space for temporary parking for regular maintenance of the proposed macro facility must be demonstrated. 10. Macro facilities may not: (i) produce noise in excess of the limitation set forth in TMC 6.04; and (ii) be used for mounting signs, billboards or message displays of any kind. 11. The Director shall consider the cumulative visual effects of macro facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the City.. Pr s 27C5 §11E, 2025; Ours.. 2741 V (part), 2024 Office of the City Clerk 1 City of Tukwila Page 286 of 356 Return to Title 18.58.070 New Towers A. Applicability: Any application for a new macro facility tower shall be reviewed, and approved or denied, by the Hearing Examiner as a Type 3 decision pursuant to TMC 18.104. B. Review Criteria: The Hearing Examiner shall review the application to construct a new macro facility tower, and shall determine whether each of the following requirements are met: 1. That collocation is not feasible because: a. Existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; b. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; c. The fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; or d. The applicant demonstrates other limiting factors that render existing towers and structures or other sites unsuitable. All engineering evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. 2. The proposed tower meets all applicable design standards in TMC 18.58.060. 3. Where the proposed tower does not comply with the requirements of this Chapter, the applicant has successfully demonstrated that denial of the application would effectively prohibit the provision of service in violation of 47 USC 253 and/or 332. C. Determination: The Hearing Examiner, after holding an open public hearing in accordance with TMC 18.112, shall either approve, approve with conditions, or deny the application. Ors.. 2741 §4 (part), 2024 18.58.080 Removal of Abandoned Wireless Communication Facilities A. Any wireless communication facility that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing of the application for a continuous period of 12 months shall be considered abandoned, and the owner of such facility shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove such abandoned facility shall result in declaring the facility a public nuisance. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower. Ours 2741 §4 (part), 2024 18.58.090 Eligible Facilities Requests A. Under 47 USC 1455 and relevant FCC regulations (see 47 CFR §1.6100), a local jurisdiction must approve a modification of a wireless facility qualifying as an eligible facility request. Accordingly, the City adopts the following provisions for review of applications for eligible facility requests as defined by this chapter and federal law. B. Definitions: 1. "Base station" shall mean and refer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower. Base station includes without limitation: Office of the City Clerk 1 City of Tukwila Page 287 of 356 Return to Title a. Equipment associated with wireless communications services regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small wireless facilities). b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small wireless facilities). c. Any structure other than a tower that, at the time an eligible facilities modification application is filed with the City under this chapter, supports or houses equipment described in subparagraphs (a) and (b) of TMC 18.58.090.B, and that has been reviewed and approved under the applicable zoning or siting process, or under another State, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. d. The term does not include any structure that, at the time a completed eligible facilities modification application is filed with the City under this section, does not support or house equipment described in subparagraphs (a) and (b) of TMC 18.58.090.B. 2. "Colocation"shall mean the mounting or installing of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. 3. "Eligible facilities request"shall mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: a. Collocation of new transmission equipment; b. Removal of transmission equipment; or c. Replacement of transmission equipment. 4. "Eligible support structure" shall mean and refer to any existing tower or base station as defined in this chapter provided it is in existence at the time the eligible facilities modification application is filed with the City under this chapter. 5. "Existing" shall mean and refer to a constructed tower or base station that was reviewed and approved under the applicable zoning or siting process and lawfully constructed; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. 6. "Site"shall mean and refer to the current boundaries of the leased or owned property surrounding a tower (other than a tower in the public rights -of -way) and any access or utility easements currently related to the site and, for other eligible support structures, shall mean and be further restricted to, that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process. 7. "Substantial Change" A modification will substantially change the physical dimensions of an eligible support structure if it meets any of the following criteria: a. For towers not in the public rights -of -way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. The separation of antennas is measured by the distance from the top of the existing antennas to the bottom of the new antennas. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. b. For towers not in the public rights -of -way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the Office of the City Clerk I City of Tukwila Page 288 of 356 Return to Title appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet. c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed 4 cabinets; or, for towers in the public rights -of -way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure. d. For any eligible support structure: (1) it entails any excavation or deployment outside the current site; except that, for towers other than towers in the public rights -of -way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; (2) it would defeat the concealment elements of the eligible support structure; or (3) it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment provided, however, that this limitation does not apply to any modification that is non -compliant only in a manner that would not exceed the thresholds identified in this section. 8. "Tower" shall mean and refer to any structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. 9. "Transmission Equipment" shall mean and refer to equipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. C. Application. The Director shall prepare and make publicly available an application form that shall be limited to the information necessary for the City to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. D. Qualification As an Eligible Facilities Request: Upon receipt of an application for an eligible facilities request, the Director shall review such application to determine whether the application qualifies as an eligible facilities request. E. Time Frame for Review. Applications for an eligible facilities request are reviewed by the Director or his/her designee, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless the Director determines that the application does not qualify under FWRC 19.257.020. F. Tolling the Time Frame for Review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the City and the applicant or in cases where the City determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications. 1. To toll the time frame for incompleteness, the City shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application and including a citation to the publicly stated code provision requiring such information. The City recognizes that such a notice is limited to information "reasonably related" to determining whether the application meets the "eligible facilities request" requirements. 2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness. 3. Following a supplemental submission, the City will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is Office of the City Clerk I City of Tukwila Page 289 of 356 Return to Title tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. G. Determination That an Application is Not an Eligible Facilities Request: If the City determines that the applicant's request does not qualify as an eligible facilities request, the City shall deny the application. H. Failure to Act: In the event the City fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. I. Appeals: Applicants and the City may bring claims related to Section 6409 (a) of the Spectrum Act, 47 USC 1455(a) to any court of competent jurisdiction. Ours 2741 §4 (parr), 2024 18.58.100 Small Wireless Facility Application Process A. Applicability: Any applications for small wireless facilities either inside or outside of the public right-of-way shall comply with the application requirements for a small wireless facility permit described in this Chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to TMC 11.32. B. Completeness: An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by TMC 18.58.110 and, to the extent relevant, has submitted all the applicable items in TMC 18.58.100.0 and the City has confirmed that the application is complete. Franchisees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional phases of a small wireless facilities deployment at any time subject to the commencement of a new completeness review time period for permit processing. C. Application Components: The Director is authorized to establish franchise and other application forms to gather the information required from applicants to evaluate the application and to determine the completeness of the application as provided herein. The application shall include the following components as applicable: 1. Franchise: If any portion of the applicant's facilities are to be located in the City's right-of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the requirements in TMC 11.32. An application for a franchise may be submitted concurrently with an application for a small wireless facility permit(s). 2. Small Wireless Facility Permit: The applicant shall submit a small wireless facility permit application as required in the small wireless facility application requirements established in TMC 18.58.110 and pay the applicable permit fee in accordance with the fee schedule adopted by resolution of the City Council and which may be amended by the City Council from time to time. 3. Associated Application(s) and Checklist(s): Any application for a small wireless permit that contains an element not categorically exempt from SEPA review shall simultaneously apply under RCW 43.21C and TMC 21. Further, any application proposing small wireless facilities in a shoreline area (pursuant to TMC 18.44) or an environmentally sensitive area (pursuant to TMC 18.45) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities for new poles shall comply with the requirements in TMC 18.58.160.E. 4. Leases: An applicant who desires to attach a small wireless facility on any utility pole, light pole, or other structure or building owned by the City shall obtain a lease as a component of its application. City owned utility poles and the use of other public property, structures or facilities including, but not limited to any park land or facility, require City Council approval of a lease or master lease agreement. Ors 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 290 of 356 Return to Title 18.58.110 Small Wireless Facility Application Requirements The following information shall be provided by all applicants for a small wireless permit. A. The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. The applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and power connections necessary for and intended for use in the small wireless facilities system regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. The applicant shall provide detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards. The application shall have sufficient detail to identify: 1. The location of overhead and, to the extent applicable, underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area. 2. The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or significant landscaping to be disturbed during construction. The applicant is discouraged from cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the applicant must comply with applicable provisions of TMC 11.20 and TMC 18.54. 3 The applicant's plan for fiber and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility, to the extent to which the applicant is responsible for installing such fiber and power service, conduits, cables, and related improvements. Where another party is responsible for installing such fiber and power service, conduits, cables, and related improvements, applicant's construction drawings shall include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and fiber service to the small wireless facility. 4. A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if the site location includes a new light pole or replacement light pole if in a new location. 5. Compliance with the applicable aesthetic requirements pursuant to TMC 18.58.150 and 18.58.160. B. The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. The approval may be conditional (i.e. that the pole owner approves if the City also approves). Such written approval shall include approval of the specific pole, engineering and design specifications for the pole, as well as assurances that the specific pole can withstand wind and seismic loads as well as assurances in accordance with TMC 18.58.110. F, from the pole owner, unless the pole owner is the City. For City -owned poles or structures, the applicant shall obtain a lease from the City prior to or concurrent with the small wireless facility permit application so the City can evaluate the use of a specific pole. C. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar designs. D. The applicant shall submit a sworn affidavit signed by a Radio Frequency (RF) engineer with knowledge of the proposed project affirming that the small wireless facility will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions from the entire installation. The applicant may provide one emissions report for the entire batch of small wireless facility applications if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch. Office of the City Clerk I City of Tukwila Page 291 of 356 Return to Title E. The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed, if such approvals are required. F. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes. The Building Official may accept alternative forms of the structural approval if the review and calculations are conducted by another agency, such as the pole owner. G. Those elements that are typically contained in the right-of-way permit pursuant to TMC 11.08, including a traffic control plan, to allow the applicant to proceed with the build -out of the small wireless facility. H. Proof of a valid City of Tukwila business license. I. Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the structural safety of City -owned poles and structures, and to formulate and publish application questions for use when an applicant seeks to attach to City -owned poles and structures. J. Such other information as the Director, in his/her reasonable discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. Ours 2741 §4 (part), 2024 18.58.120 Small Wireless Facility Review Criteria and Process A. The following provisions relate to the review of applications for a small wireless facility permit: 1. In any zone, upon application for a small wireless permit, the City shall permit small wireless facilities only when the application meets the applicable criteria of TMC 18.58. 2. Vertical clearance shall be reviewed by the Director in accordance with NESC or applicable pole safety codes to ensure the small wireless facilities will not pose a hazard to other users of the rights -of -way. 3. Replacement poles, new poles, and ground -mounted equipment shall only be permitted pursuant to the applicable standards in TMC 18.58.160. 4. No equipment shall be operated so as to produce noise in violation of TMC 8.22. 5. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner's express written consent pursuant to TMC 18.58.160.A.1. B. Decision: All small wireless facility applications shall be reviewed and approved or denied by the Director. The Director's decision shall be final and is not subject to appeal under City code or further review by the City. C. Eligible Facilities Requests: Small wireless facilities may be expanded pursuant to an eligible facility request so long as the expansion: 1. does not defeat the specifically designated stealth techniques; and 2. incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and 3. does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(1). D. Public Notice: The City shall provide notice of a complete application for a small wireless facility permit on the City's website with a Zink to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed small wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. E. Withdrawal: Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Director's decision, then reimbursement Office of the City Clerk 1 City of Tukwila Page 292 of 356 Return to Title of fees submitted in association with said application shall be reduced to withhold the amount of actual and objectively reasonable City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall be no refund of all or any portion of such fee. F. Supplemental Information: Failure of an applicant to provide supplemental information as requested by the Director within 90 days of notice by the Director shall be grounds for denial of that application unless an extension period has been approved by the Director. If no extension period has been approved by the Director, the Director shall notify the applicant in writing that the application is denied. G. Consolidated Permit: The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights -of -way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the Public Works and the Community Development departments. The general standards applicable to the use of the rights -of -way described in TMC 11.08 shall apply to all small wireless facility permits. Ours 2741 §4 (part), 2024 18.58.130 Small Wireless Facility Permit Requirements A. Permit Compliance: The permittee shall comply with all of the requirements within the small wireless facility permit. B. Post -Construction As-Builts: Upon request, the permittee shall provide the City with as-builts of the small wireless facilities within 30 days after construction of the small wireless facility, demonstrating compliance with the permit, visual renderings submitted with the permit application and any site photographs taken. C. Construction Time Limit: Construction of the small wireless facility must be completed within 12 months after the approval date by the City. The permittee may request one extension of no more than six months, if the permittee provides an explanation as to why the small wireless facility cannot be constructed within the original 12-month period. D. Site Safety and Maintenance: The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism of the small wireless facility and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. E. Operational Activity: The permittee shall commence operation of the small wireless facility no later than six months after installation. The permittee may request two extensions, each for an additional six-month period if the permittee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. Ors 2°/11 §4 (part), 2024 18.58.140 Small Wireless Facility Modification A. If a permittee desires to modify their small wireless facilities, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole -mounted or ground -mounted equipment, or modifying the stealth techniques, then the permittee shall apply for a new small wireless permit. B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights -of -way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the stealth techniques used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with TMC 11.08. Our 2741 §4 (par), 2024 Office of the City Clerk 1 City of Tukwila Page 293 of 356 Return to Title 18.58.150 Decorative Poles A. The City discourages the use or replacement of certain decorative poles for small wireless facilities due to the aesthetic impact to the City's streetscape. Accordingly, the pedestrian light pole (herein referred to as "decorative poles"), designated in the City's Infrastructure Design and Construction Standards Manual, are discouraged from use or replacement for small wireless facilities. B. Applications for small wireless facilities attached to decorative poles shall comply with TMC 18.58.160.F. Ch 2/41 §4 (part), 2024 18.58.160 Small Wireless Facility Aesthetic, Concealment, and Design Standards A. All small wireless facilities shall conform with the following general aesthetic, concealment, and design standards, as applicable: 1. Except for locations in the right-of-way, small wireless facilities are prohibited on any property containing a residential use in a residential zone; provided that where small wireless facilities are intended to be located more than 400 feet from a right-of-way and within an access easement over residential property, the location may be allowed if: a. the applicant affirms they have received an access easement from the property owner to locate the facility in the desired location; and b. the property owner where the facility will be installed has authority to grant such permission to locate the facility and related equipment at the designated location pursuant to the terms of the access easement; and c. the installation is allowed by, and consistent with, the access easement; and d. such installation will not frustrate the purpose of the easement or create any access or safety issue; and e. the location is in compliance with all land use regulations such as, but not limited to, setback requirements. 2. In the event power is later undergrounded in an area where small wireless facilities are located above ground on utility poles, the small wireless facilities shall be removed and may be replaced with a facility meeting the design standards for new poles in TMC 18.58.160.E. 3. Except for electrical meters with prior City approval, ground -mounted equipment in the rights -of -way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole -mounted or undergrounded equipment is technically infeasible. If ground -mounted equipment is necessary, then the applicant shall submit a stealth technique plan substantially conforming to the applicable standards in TMC 18.58.160.E.3 and comply with the Americans with Disabilities Act, City construction standards, and state and federal regulations in order to provide a clear and safe passage within the public rights -of -way. Generators located in the rights -of -way are prohibited. 4. No signage, message, or identification other than the manufacturer's identification or signage required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs may be permitted as stealth technique where appropriate and safety signage as required by applicable laws, regulations, and standards is permitted. 5. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of the stealth technique requirements pursuant to TMC 18.58.160.E.3. 6. The design standards in this chapter are intended to be used solely for the purpose of concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would render the small wireless facility technically infeasible or otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be permitted that provide similar or greater protections from negative visual impacts to the streetscape. Office of the City Clerk 1 City of Tukwila Page 294 of 356 Return to Title B. General Pole Standards: In addition to complying with the applicable general standards in TMC 18.58.160.A, all small wireless facilities on any type of utility pole shall conform to the following general pole design requirements as well as the applicable pole specific standards: 1. The preferred location of a small wireless facility on a pole is the location with the least visible impact. 2. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights - of -way when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. 3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service in violation of 47 USC 253 and 332. 4. Replacement poles and new poles shall comply with the Americans with Disabilities Act, City construction and sidewalk clearance standards, City development standards, City ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights -of -way. Further, the location of any replacement or new pole must: be physically possible; comply with applicable traffic warrants; not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices); and not adversely affect the public welfare, health, or safety. 5. Replacement poles shall be located as near as possible to the existing pole, but in no event further than 10 feet from the existing pole. Compliance with the light standards in the Tukwila Infrastructure and Construction Standards Manual is required and the existing pole shall be removed. 6. Side arm mounts for antennas or equipment must be the minimum extension necessary, and for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more than six inches off the pole. 7. The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. C. Nonwooden Pole Design Standards: In addition to complying with the applicable general standards in TMC 18.58.160.A and TMC 18.58.160.B, small wireless facilities attached to existing or replacement nonwooden poles inside or outside the right-of-way shall conform to the following design criteria: 1. All replacement poles shall conform to the City's standard small wireless facility pole design(s) published in the City's Infrastructure Design and Construction Standards Manual. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the City's ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as described in TMC 18.58.160.C., subsections 2 through 8. 2. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush -mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. For purposes of this section, "incompatible with the pole design" may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole. 3. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. Office of the City Clerk I City of Tukwila Page 295 of 356 Return to Title 4. All conduit, cables, wires, and fiber must be routed internally in the pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. 5. An antenna on top of an existing pole may not extend more than 6 feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so they appear as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas, which shall not require screening. To the extent technically feasible, all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. 6. Any replacement pole shall substantially conform to the design of the pole it is replacing (including but not limited to color, shape and style) or the neighboring pole design standards utilized within the contiguous right-of-way. 7. The height of any replacement pole and antenna(s) may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height. 8. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole. D. Wooden Pole Design Standards: In addition to complying with the applicable general standards in TMC 18.58.160.A and TMC 18.58.160.B, small wireless facilities attached to existing or replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall conform to the following design criteria: 1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. 2. A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. 3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City. 4. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole or the otherwise standard size used by the pole owner. 5. All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility. 6. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. 7. Antennas shall not be mounted more than 12 inches from the surface of the wooden pole. 8. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more than three cubic feet in volume. Office of the City Clerk I City of Tukwila Page 296 of 356 Return to Title 9. A canister antenna may be mounted on top of an existing or replacement wooden pole, which may not exceed the height requirements described in TMC 158.58.170.D.1. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole and, to the extent technically feasible, shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. 10. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. 11. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. 12. All related antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit that are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner. 13. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to TMC 18.58.160.A.3. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna, and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. 14. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, do not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs. E. Standards for Small Wireless Facilities on New Poles in the Rights -Of -Way and Installations on Decorative Poles: In addition to complying with the applicable general standards in TMC 18.58.160.A and TMC 18.58.160.B, small wireless facilities proposed to be attached to new poles or decorative poles shall comply with following: 1. Applicability: New poles within the rights -of -way or installations on a decorative pole are only permitted if the applicant can establish that: a. The proposed small wireless facility cannot be located on an existing utility pole, electrical transmission tower, or on a site outside of the public rights -of -way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone, whether by roof or building mount; and b. The proposed small wireless facility receives approval for a stealth technique design, as described in TMC 18.58.160.E.3; and c. The proposed small wireless facility also complies with the Shoreline Management Act, Growth Management Act, and State Environmental Policy Act, if applicable; and d. No new poles shall be located in a critical area or associated buffer required by the City's Environmentally Critical Areas ordinance, TMC 18.45, except when determined to be exempt pursuant to said ordinance. Office of the City Clerk I City of Tukwila Page 297 of 356 Return to Title 2. Review: An application for a new pole or installation on a decorative pole is subject to administrative review and approval or denial by the Director. 3. New Poles: All new poles shall conform to the City's standard pole design adopted in the City's Infrastructure Design and Construction Standards Manual and comply with the stealth technique design consistent with TMC 18.58.160.E.5. 4. Decorative Poles. If the applicant desires to place the small wireless facility on a decorative pole, and the City has adopted a small wireless facility standard for the decorative pole in the City's Infrastructure Design and Construction Standards Manual, then the applicant shall attempt to utilize the adopted decorative pole design. The applicant, upon a showing that using the standard decorative pole design is either technically or physically infeasible, or that a modified pole design will not comply with the city's ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard decorative pole design and propose a stealth technique design consistent with TMC 18.58.160.E.5. 5. The stealth technique design shall include the design of the screening, fencing, or other concealment technique for the pole, equipment enclosure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. a. The stealth technique design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights -of -way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Director otherwise approves a variation due to aesthetic or safety concerns. Any stealth technique design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other stealth technique methods include, but are not limited to, integrating the installation with architectural features or building design components; utilization of coverings or concealment devices of similar material, color, and texture —or the appearance thereof —as the surface against which the installation will be seen or on which it will be installed; landscape design; or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wires are installed internally within the structure. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted pursuant to TMC 18.58.160.A and TMC 18.58.160.B. b. If the Director has already approved a stealth technique design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar stealth technique design, unless it can show that such stealth technique design is not technically feasible, or that such design would undermine the generally applicable design standards adopted pursuant to TMC 18.58.160.A and TMC 18.58.160.B. c. Even if an alternative location is established pursuant to TMC 18.58.160.E.1.a, the Director may determine, at the applicant's written request, that a new pole in the right-of-way is, in fact, a superior alternative based on the impact to the City, the stealth technique design, the City's Comprehensive Plan and the added benefits to the community. d. Prior to the issuance of a permit to construct a new pole or ground -mounted equipment in the right-of-way, the applicant must obtain a master lease agreement from the City to locate such new pole or ground -mounted equipment. This requirement also applies to replacement poles that are taller than the replaced pole, when the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet. F. Standards for Small Wireless Facilities Attached to Cables: In addition to complying with the applicable general standards in TMC 18.58.160.A, all small wireless facilities mounted on existing cables strung between existing utility poles shall conform to the following standards: 1. Each strand -mounted facility shall not exceed three cubic feet in volume. 2. Only one strand -mounted facility is permitted per cable between any two existing poles on an existing cable. 3. The strand -mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than 10 feet from the pole unless that location is technically infeasible or is not allowed by the pole owner for safety clearance. Office of the City Clerk I City of Tukwila Page 298 of 356 Return to Title 4. No strand -mounted device shall be located in or above the portion of the roadway open to vehicular traffic. 5. Ground -mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by a third party electrical service provider. 6. Pole -mounted equipment shall comply with the requirements of TMC 18.58.160.A and TMC 18.58.160.B. 7. Such strand -mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). G. Standards for Small Wireless Facilities Attached to Existing Buildings: In addition to complying with the applicable general standards in TMC 18.58.160.A, all small wireless facilities attached to existing buildings shall conform to the following design criteria: 1. Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme. 2. The interruption of architectural lines or horizontal or vertical reveals is discouraged. 3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. 4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. 5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. 6. To the extent technically feasible, small wireless facilities shall be painted and textured to match the adjacent building surfaces. Pr s 27C5 117, 2025; Ours.. 2741 V (part), 2024 Office of the City Clerk 1 City of Tukwila Page 299 of 356 Sections: 18.60.010 18.60.020 18.60.030 18.60.040 18.60.050 18.60.060 18.60.070 18.60.080 18.60.090 18.60.100 18.60.110 CHAPTER 18.60 DESIGN REVIEW Purpose and Objectives Scope and Applicability Design Review Applications Design Review Criteria Applicability Commercial and Light industrial Design Review Criteria Single -Family and Middle Housing Design Review Criteria Multi -Family, Mixed -Use, Hotel, and Motel Design Review Criteria Vehicular Areas and Parking Structure Design Review Criteria Tukwila South Design Review Criteria Commercial Redevelopment Areas Expiration of Design Review Permits 18.60.010 Purpose and Objectives A. It is the purpose of this chapter to provide for the review of land development and building design to promote the public health, safety and welfare. The regulations herein provide a review process for evaluating the design and arrangement of development. These architectural and site design regulations are intended to be consistent with and implement the policies of the Tukwila Comprehensive Plan. The purposes of these design review regulations are to: 1. Foster good decision -making for development through architectural and site design within the context of the community's built and natural environmental character, scale and diversity; 2. Promote the use of appropriate scale of buildings and the configuration of open space and parking areas for development to safely and comfortably accommodate pedestrian activities; 3. Coordinate the interrelationship of buildings and public and private open space; 4. Discourage monotony in building design and arrangement, while promoting harmony among distinct building identities; and 5. Mitigate, through design and site plan measures, the visual impact of large building facades, particularly those which have high public visibility (encourage the creative use of architectural and landscape features in order to reduce the actual and perceived scale and bulk of structures). 18.60.020 Scope and Applicability A. The Director shall have the authority to approve, approve with conditions, or deny all projects submitted based on a demonstration of compliance with all of adopted guidelines referenced in this chapter, as judged by the preponderance of evidence standard. B. The Director is authorized to review projects subject to design standard review. The Director may approve, approve with conditions, modify and approve with conditions, or deny, the application for design standard review. The City shall grant design approval when the Director has determined that the applicable criteria listed in this chapter have been met by the development proposal. The Director may impose specific conditions upon the development proposal, including an increase in the standards of this title. These conditions may include, but are not limited to: restrictions on locations of structures and uses; structural restrictions that address safety, noise, light and glare, vibration, views, aesthetics, and other impacts; and increased buffering requirements, including open space, berms, fencing and landscaping. C. No changes shall be made to approved designs without Director approval and consideration of the change in the context of the entire project. D. Except for multi -family, mixed -use, hotel, and motel uses, which shall be subject to the thresholds found at TMC 18.60.070.A, all projects proposing new structures or additions to structures on a parcel or an integrated site, where the new development's floor area cumulatively exceeds 5,000 square feet, shall be required to apply for a Type 2 Design Review Permit. A building permit shall not be issued until the proposed development project has received design approval. For projects not meeting the threshold for the requirement to apply for a Type 2 Design Review Permit, compliance with the applicable design standards shall be reviewed via the development permit application. E. Any reference to the term `Board of Architectural Review' in any adopted design review guidelines or Code shall, unless otherwise stated, be understood to refer exclusively to the Director. 18.60.030 Design Review Applications A. Applications for `Design Review' permits shall be processed as Type 2 decisions, subject to the provisions of TMC 18.104. B. All applications shall meet the application submittal requirements found at TMC 18.104.060. C. The Director is authorized to request and rely upon any document, guideline, or other consideration they deem relevant or useful to satisfy the purpose and objectives of this chapter, specifically including but not limited to the following criteria. The applicant shall bear the full burden of proof that the proposed development plans satisfy all of the criteria. The Director may modify a literal interpretation of the design review criteria if, in their judgment, such modifications better implement the Comprehensive Plan goals and policies. 18.60.040 Design Review Criteria Applicability A. Commercial and Light Industrial Uses: All commercial and light industrial uses shall be evaluated using the design review criteria set forth in TMC 18.60.050, with the following exclusions: 1. Mixed -use structures, hotels, or motels; or 2. Developments within the TSO District. B. Single -Family and Middle Housing Uses: All new single-family and middle housing dwellings shall be evaluated using the design review criteria set forth in TMC 18.60.060. C. Multi -Family, Mixed -Use, Hotel, and Motel Uses: All multi -family, mixed -use, hotel, and motel uses, as well as non-residential development in the CR zoning district, shall be evaluated using the applicable residential design review criteria set forth in TMC 18.60.070. D. Vehicular Areas and Parking Structure Design Review Criteria: The Vehicular Areas and Parking Structure Design Review Criteria set forth in TMC 18.60.080 shall be used whenever the provisions of this Title require a design review decision on proposed or modified parking structures. E. Tukwila South Design Review Criteria: The criteria found at TMC 18.60.090, as well as the guidelines contained in the Tukwila South Overlay District Design Manual or the Tukwila South Residential Design Guidelines, shall be used whenever the provisions of this Title require a design review decision on a proposed or modified development in the Tukwila South Overlay district. F. Southcenter Design Criteria: The criteria contained in the Southcenter Design Manual shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Tukwila Urban Center districts. G. Shoreline Design Criteria. The criteria contained in the Shoreline Design Guidelines found at TMC 18.44.090 shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Shoreline Overlay District. 18.60.050 Commercial and Light Industrial Design Review Criteria A. Relationship of Structure to Site: 1. The site should be planned to accomplish a desirable transition with streetscape and to provide for adequate landscaping and pedestrian movement. 2. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. 3. The height and scale of each building should be considered in relation to the site. B. Relationship of Structure and Site to Adjoining Area: 1 Harmony of texture, lines and masses is encouraged. 2. Appropriate landscape transition to adjoining properties should be provided. 3. Public buildings and structures should be consistent with the established neighborhood character. 4. Compatibility of vehicular pedestrian circulation patterns and loading facilities in terms of safety, efficiency and convenience should be encouraged. 5. Compatibility of on -site vehicular circulation with street circulation should be encouraged. C. Landscaping and Site Treatment: 1. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced. 2. Grades of walks, parking spaces, terraces and other paved areas should promote safety, and provide an inviting and stable appearance. 3. Landscape treatment should enhance architectural features, strengthen vistas and important axis, and provide shade. 4. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating steps should be taken. 5. Where building sites limit planting, the placement of trees or shrubs in paved areas is encouraged. 6. Screening of service yards and other places that tend to be unsightly should be accomplished by use of walls, fencing, planting or combination. 7. In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone or gravel may be used. 8. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible with the building and adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and brilliant colors should be avoided. D. Building Design: 1. Architectural style is not restricted; evaluation of a project should be based on quality of its design and relationship to its surroundings. 2. Buildings should be to appropriate scale and in harmony with permanent neighboring developments. 3. Building components such as windows, doors, eaves, and parapets should have good proportions and relationship to one another. Building components and ancillary parts shall be consistent with anticipated life of the structure. 4. Colors should be harmonious, with bright or brilliant colors used only for accent. 5. Mechanical equipment or other utility hardware on roof, ground or buildings should be screened from view. 6. Exterior lighting should be part of the architectural concept. Fixtures, standards, and all exposed accessories should be harmonious with building design. 7. Monotony of design in single or multiple building projects should be avoided. Variety of detail, form and siting should be used to provide visual interest. E. Miscellaneous Structures and Street Furniture: 1. Miscellaneous structures and street furniture should be designed to be part of the architectural concept of design and landscape. Materials should be compatible with buildings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale. 2. Lighting in connection with miscellaneous structures and street furniture should meet the guidelines applicable to site, landscape and buildings. 18.60.060 Single -Family and Middle Housing Design Review Criteria A. Entrances: 1. Purpose: To ensure that entrances are easily identifiable, clearly visible, and accessible from streets, sidewalks, and common areas, to encourage pedestrian activity and enliven the street. 2. Applicability: The following standards apply to all residential building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: a. Each residential structure must have at least one main entrance fronting a public or private street, or within 10' of street facing building facade. b. Each unit with individual ground -floor entry and all shared entries must have a covered porch or stoop that is at least 25 square feet with the minimum dimension of 3'. B. Windows: 1. Purpose: To maintain a lively and active street face while increasing safety and general visibility to the public realm. 2. Applicability: the following standards apply to all building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: a. Windows shall be provided in facades facing public or private streets, comprising at least twenty percent of the facade area. b. Window area is considered the entire area within, but not including, the window casing, including any interior window grid. c. Windows in pedestrian doors may be counted toward this standard. d. Windows in garage doors may not be counted toward this standard. e. Open areas within covered porches may be counted toward this standard. TOTAL STREET FACING FACADE AREA CONTRIBUTING AREA C. Building Articulation: 1. Purpose: To ensure that buildings along any public or private street display the greatest amount of visual interest and reinforce the residential scale of the streetscape and neighborhood. 2. Applicability: The following standards apply to all building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: a. Horizontal street -facing facades wider than forty feet must include at least four of the following design features per facade. At least one of these features must be used every forty feet. 1. Varied building heights 2. Use of different materials 3. Different colors 4. Building perimeter offsets minimum of 4' 5. Projecting roofs (minimum of twelve inches) 6. Recesses, minimum of 3' 7. Bay windows, must project a minimum of 1' and cover at least 10% of the facade. May project as much as 2', and cover up to 35% of the facade 8. Variation in roof materials, color, pitch, or aspect 9. Balconies, minimum of 25 square feet 10. Covered porch or patio 11. Dormers C) Varied building heights 8 Use of different materials © Different colors Via) Building perimeter offsets minimum of 4' (E) Projecting roofs (minimum of twelve inches) (F) Recesses, minimum of 3' G) Bay windows. May project as much as 2', up to 3 Variation in roof materials, color, pitch, or aspect (11) Balconies Covered porch or patio (K) Dormers of the facade D. Parking Facilities: 1. Purpose: To integrate parking facilities with the building and surrounding residential context, promote pedestrian -oriented environments along streets, reduce impervious surfaces, and preserve on -street parking and street tree opportunities. To minimize the visual impact of garage entrances. Garage entrances are limited as a percentage of the building facade but a single car garage is always allowed. The provision for allowing the garage door to be set back from front porches also incentivizes front porches. 2. Applicability: The following standards apply to all garage entrances that face a public or private street. 3. Standard: a. The combined width of all street -facing garage doors may be up to fifty percent (50%) of the length of the street -facing building facade or ten feet per unit, whichever is greater. For attached housing, this standard applies to the combined length of the street -facing facades of all units. For all other lots and structures, the standards apply to the street -facing facade of each individual building. b. Street -facing garage walls must be set back at least three feet from the primary street -facing building facade or five feet from a covered porch. c. Garage entrances shall use materials and colors that match the residence. d. Parking structures, garages, carports, and parking areas other than driveways shall not be located between the principal structure and streets. 5t OF X L _ FRONT LOT LANE SIDEWALK CURB CUT X =Length of spreet faciing budding facade STREET E. Porches: 1. Purpose: To maintain a lively and active street face, reinforce the residential scale of the streetscape and neighborhood, while providing visual interest and community cohesion. 2. Applicability: The following standards apply to all residential building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: Covered porches may project eight feet into the front yard setback, measured from supporting columns. Covered porch eaves may project an additional two feet. SUPPORTING COLUMN PORCH EAVE. FRONT LOT LINE SIDEWAL..K. STREET F. Balconies: 1. Purpose: Ability to stack balconies over porches makes structural logic and provides useful space for stacked flat and townhouse typologies. 2. Applicability: The following standards apply to all balconies in single-family and middle housing development. 3. Standard: Balconies are permitted stack over porches or other balconies. G. Bay Windows: 1. Purpose: Bay windows create visual interest and create usable interior square footage without increasing a building' s overall street presence. 2. Applicability: The following standards apply to all residential building facades. 3. Standard: a. Bay windows may project up to two feet into side or front yard setbacks. b. Each bay window may be up to twelve feet wide and up to sixty percent of the facade. TOTAL STREET FACING FACADE AREA CONTRIBUTING AREA H. Dormers: 1. Purpose: Dormers create visual interest and create usable interior square footage without enlarging a building's overall street presence. 2. Applicability: The following standards apply to all residential building roofs. 3. Standard: Each dormer may be up to nine feet wide and the total length of all can add up to 40% of the building length. 18.60.070 Multi -Family, Mixed Use, Hotel, and Motel Design Review Criteria A. Applicability: All development relating to the exterior of multifamily, mixed use, hotel, or motel projects within any zoning district other than the Tukwila Urban Center or Tukwila South Overlay shall comply with the design standards found in this section. Structures and sites, or portions of structures and sites, that consist of parking structures or areas for vehicular parking or movement, shall additionally be subject to the Vehicular Areas and Parking Structure Criteria found at TMC 18.60.080. Projects meeting at least one of the following criteria require a Type 2 Design Review permit application; for all other projects, compliance will be determined during review of development permit applications: 1. Any project that proposes alterations to existing structures with multi -family or mixed uses, when the value of the project is equivalent to or greater than 50% of the value of the existing structures proposed for alteration; or 2. Any project that proposes new structures that will contain multifamily or mixed -uses. B. Standards: 1. Transparency: Minimum ground floor transparency requirements are as follows: a. Commercial Frontages: A minimum of sixty (60) percent of the area of all ground floor facades between two (2) and eight (8) feet in height above ground level that face public streets shall be comprised of transparent doors or windows. b. Residential Frontages: A minimum of twenty-five (25) percent of the area of all walls along frontages must be comprised of transparent doors or windows. 2. Walls: Walls, other than blind walls (see TMC 18.06.072), shall continue patterns of openings and windows or, on ground floors, feature display windows. Blank walls, as defined at TMC 18.06.071, and blind walls (when no active permit application exists for an adjacent development to obscure the blind wall), shall include at least one of the following treatments that cover a minimum of sixty (60) percent of the wall's surface: a. Trellises with climbing vines or plant materials. b. Planting beds at least 5 feet wide or raised planter beds at least 2 feet wide and 3 feet long. Plant species shall be chosen that will obscure or screen 60% of the walls surface within 3 years. c. Illuminated artwork, such as mosaics or murals. d. Changed materials or textures with a minimum of 2 feet of depth. 3. Entrances: One (1) entrance is required per 75 linear feet of frontage. Walkways with a minimum width of 6 feet shall connect all entrances directly to a public sidewalk. 4. Weather Protection: All building entrances and fifty (50) percent of the area of all facades fronting along sidewalks shall provide continuous weather protection over the sidewalk. a. Weather protection may take the form of awnings, canopies, or arbors, which extend from the building facade a minimum projection of six (6) feet over the pedestrian area. Projection must be greater than eight (8) feet above sidewalk level. 5. Ground Floor Residential Uses: The following standards apply to ground floor residential uses. An applicant may design ground floor residential units to a modified specification from these standards without requesting a formal departure, provided the modification is demonstrated to meet one of the following criteria: (a) for units which are required by the underlying zoning district to be capable of being converted to commercial space, the modification provides greater customer or business access for the future commercial space, or (b) the modified design of the ground floor residential area exhibits features that mitigate the conditions of a street frontage with undesirable features such as constrained sidewalk widths or high levels of crime, and the modified design increases livability and safety for future tenants and the community. a. All residential units at ground level shall feature private entrances from the street with porches or stoops. Each porch or stoop shall be a minimum of 25 feet in area, with no dimension less than 5 feet. b. Finished floors for ground level residential uses shall be a minimum of 18 inches above adjacent sidewalk heights. c. Setback areas for ground floor residential uses that are not occupied by stoops or walkways shall be landscaped and shall include a minimum of one medium or large tree. 6. Building Facades: Street -facing facades shall include at least three of the following design features at intervals no greater than 30 feet of facade. Buildings with glass curtain wall systems may, as an alternative to the below features, feature projecting horizontal and/or vertical mullions. a. Varied building heights. b. Window fenestration patterns or entries. c. Vertical piers or columns. d. Change in roofline form. e. Vertical elements such as landscaped trellises or art. f. Change in building height of at least 1 foot. g. Bay windows, porches, canopies, chimneys. h. Decorative cornices projecting at least 1 foot. Cornices shall extend along all frontages of the building. i. Changes in colors or materials. 7. Materials: The following exterior materials shall not be used unless not visible from adjacent streets, properties, or to occupants of the building or site: a. Non -mortared brick veneers. b. Reflective metal siding. c. Simulated stone with contradictory finishes, such as straight-line joints. d. Plywood panel siding. e. Plain (non -decorative) concrete block, unless on a blind wall. 8. Corners: Building corners at intersections of any existing or new streets shall feature one of the following design elements, which shall extend a minimum of 10 horizontal feet along each corner facade: a. Corner towers, where a separate, relatively slender mass of the building rises above the height of the adjacent building mass by at least 10 feet. The corner tower shall extend a minimum of 10 horizontal feet along each corner facade. b. Projecting or recessed corner entrances, with at least 10 feet of offset. The area that is projecting or recessed shall extend a minimum of 10 horizontal feet along each corner facade. c. Angled corners, where a facade at least 20 feet wide faces towards the middle of the intersection. 9. Waste Disposal Areas and Loading Docks: a. All entrances to waste disposal areas, loading docks, and storage areas shall be located on a non -street facing facade, if one exists. b. Waste disposal areas visible from any non -alley street, pathway, public or private plaza, or public parking area, shall be screened with landscaping on the sides and rear and shall be surrounded by a durable wall or fence at least 6 feet high. Chain link fencing is not permitted. c. Collection points shall be located and configured such that the enclosure gate swing does not obstruct pedestrian or vehicle traffic and does not require that a hauling truck project into any non -alley street. 10. Utility Apparatus: a. Utility meters, electrical conduit and other utility apparatus shall be located in areas that are not visible from any non -alley street, pathway, public or private plaza, or public parking area, or shall be screened with landscaping or architectural features. b. Rooftop mechanical equipment shall be screened such that they are not visible from public streets or sidewalks within 300 feet of the subject property, unless from a point of view greater than 10 feet above the finished site grade of the subject property. 11. Lighting: Exterior lighting shall meet the following standards: a. Exterior walls and landscaping, if lit, shall be illuminated indirectly by concealing light features with the building or landscaping. Facade uplighting is encouraged. b. Illumination level of 1 footcandle shall be provided in all pedestrian areas, including building entries, along walkways, parking areas, and other public areas. Stairways may feature integrated lighting elements. c. All public and residential entrances shall feature illumination. d. Lighting shall be shielded and cut off to prevent light spillover and glare on adjacent properties. e. Large areas shall be illuminated with multiple low -intensity light sources rather than single high -intensity light sources. f. Pole lights shall be no taller than 35 feet above a 36-inch base in parking lots and traffic areas and no taller than 12 feet in pedestrian areas. g. The following outdoor lighting equipment is prohibited: (1) Lighting that flashes, chases, changes color, or changes intensity for any purpose other than serving as a safety light; and (2) Laser lighting. h. The correlated color temperature of all outdoor lighting shall be between 3000 and 6000 Kelvin with tolerance within the ANSI standards. C. Departures from Standards: As part of a Type 2 Design Review permit application, an applicant may request consideration of any architectural or site design that does not strictly comply with the design standards of this chapter. Nothing in this section prohibits an applicant from applying for a variance, pursuant to TMC 18.72. An applicant shall submit a detailed narrative that clearly articulates the reasons for seeking a departure. When considering a request for a departure, the Department shall confirm that the proposed departure meets the following evaluation standards: 1. The proposed departure does not conflict with any requirements other than those found in TMC 18.60.070; and 2. The proposed departure, if granted, would help accomplish the goals of the Comprehensive Plan to a similar or greater extent as would strict compliance with the codified standards; and 3. The proposed departure is necessary due to unique design features of the proposed site or structure; and 4. The proposed development requesting a departure has obtained a minimum of 1 development incentive point in accordance with TMC 18.47, "Development Incentive Program". 18.60.080 Vehicular Areas and Parking Structure Design Review Criteria A. Applicability: 1. In addition to the requirements in each individual zoning district and any other adopted City standards, all surface parking areas, driveways, or other areas for vehicle storage or movements within the HDR, RCC, NCC, and RC zoning districts shall be subject to TMC 18.60.080.B.1, "Vehicular Areas". 2. All proposed or modified parking structures shall be subject to TMC 18.60.080.B.2, "Parking Structures". B. Standards 1. Vehicular Areas: a. No off-street surface parking shall be located between a building and any front property line. Surface parking lots greater than five thousand (5,000) square feet should provide clearly identifiable, lighted, and landscaped pedestrian paths that connect each aisle of parking to the building entrance or the sidewalk system. The lighting shall be pedestrian scaled. The landscaping shall consist of shrubs and groundcovers and may include trees. Pedestrian paths shall be raised to curb height when crossing streets or vehicle pathways and shall be at least six (6) feet in width through the surface parking lot to building entrance. Paths shall contain continuous landscaped areas of at least three (3) feet wide on at least one side of the path except where a pathway crosses vehicular pathways. b. Sidewalks and walkways shall continue at curb height across all drive aisles and vehicular entrances. The surface of pedestrian crossings at drive aisles or vehicular entrances shall be surfaced with decorative pavers, brick, stamped concrete, or any other material that reinforces pedestrian priority while obtaining compliance with the standards of the Americans with Disabilities Act. c. Applicants shall demonstrate that the overall design of the project and site meets the following standards for vehicular access: (1) Vehicular access points have been reduced to the minimum quantity and width possible; and (2) Vehicular access points are sited at the furthest possible location from street corners; and (3) All shared vehicular access point options with neighboring sites have been explored, and if not utilized, are incapable of being utilized due to circumstances outside of the control of the applicant or property owner; and (4) The location of all proposed vehicular access points requires the least alteration to existing features compliant with these or other Tukwila standards, including, but not limited to street trees, landscaping areas, utility infrastructure, bike facilities, and pedestrian pathways or sidewalks; and (5) The location of all proposed vehicular access points requires the fewest direct access points to or from any street designated as an arterial by the Comprehensive Plan that are possible for the proposed project. Applicants shall demonstrate that alternative, non -arterial vehicular access points are incapable of being utilized or cannot adequately serve the site, due to circumstances outside of the control of the applicant or property owner. 2. Parking Structures: a. Structured parking shall not be permitted to occupy more than 50% of any first - floor street facade visible from a public right of way or adjacent property. All above ground structured parking shall be subject to the following standards: (1) Architectural features present on parking structures shall be consistent with exterior elements and features of the primary structure. (2) All exterior walls of parking structures, other than blind walls, shall be considered blank walls, and shall be subject to the requirements of TMC 18.60.070.B.2. 18.60.090 Tukwila South Design Criteria A. Site Planning: 1. Site Design Concept and Site Relationships: a. Organize site design elements to provide an orderly and easily understood arrangement of buildings, landscaping, and circulation elements that support the functions of the site. b. Maintain visual and functional continuity between the development and adjacent properties where appropriate. 2. Site Design for Safety: a. Reduce the potential for conflicts between drivers and pedestrians. b. Provide building, site, and landscape designs that allow comfortable and safe navigation by employees, customers, and visitors. c. Provide lighting at building entries, along walkways, parking areas, and other public areas to enhance safety and visibility. d. Avoid light trespass beyond the boundaries of the property lines. 3. Siting and Screening of Parking Areas: a. Organize site and building designs to deemphasize vehicular circulation and parking. b. Use building placement, walls, berms, and/or landscaping to create a distinct street edge. 4. Siting and Screening of Service Areas and Mechanical Equipment: a. Reduce the visual, sound, and odor impacts of service areas from adjacent residential properties, public view and roadways through site design, building design, landscaping, and screening. b. Ensure that larger pieces of mechanical equipment are visually unobtrusive. c. Locate and/or screen roof -mounted mechanical equipment to minimize visibility from streets, trails, and adjacent properties. 5. Natural Features: a. Incorporate natural features and environmental mitigation areas such as existing topography, significant wooded areas, wetlands, and/or watercourses into the overall site plan where appropriate. b. Provide connections to existing and planned trails, open spaces, and parks per the Master Open Space and Trails Plan. 6. Pedestrian and Vehicular Circulation: a. Provide an efficient and comprehensive internal circulation system, including motorized and non -motorized access points, parking, loading, and emergency accessways. b. Create on -site pedestrian networks from streets and drives to building entrances, through parking lots to connect buildings to the street, and between sites. 7. Pedestrian Environment: a. Incorporate amenities in site design to increase the utility of the site and enhance the overall pedestrian/employee environment. b. Ensure that pedestrian amenities are durable and easy to maintain. c. Select site furnishings that complement the building and landscape design of the development. 8. Gateways: a. Designate gateways at key intersections into district and secondary gateways at major use nodes per the Tukwila South Master Plan. b. Provide special treatment at designated gateway locations. B. Building Design: 1. Architectural Concept: a. Develop an architectural concept for structure(s) on the site that conveys a cohesive and consistent thematic or stylistic statement, and is responsive to the functional characteristics of the development. b. Reduce the apparent scale of large commercial and industrial buildings located adjacent to low density residential developments. c. Provide distinctive building corners at street intersections through the use of architectural elements and detailing and pedestrian -oriented features where possible. d. Provide prominent rooflines that contribute to the character of the area and are consistent with the type of building function and uses. 2. Building Elements and Architectural Details: a. Utilize durable, high quality building materials that contribute to the overall appearance, ease of maintenance, and longevity of the building. b. Buildings and site design should provide an inviting entry orientation. c. Colors used on building exteriors should integrate a building's various design elements or features. C. Landscape and Planting Design: 1. Landscape Design: a. Develop a landscape plan that demonstrates a design concept consistent with or complementary to the site design and the building's architectural character. b. Develop a landscape design concept that fulfills the functional requirements of the development, including screening and buffering. 2. Planting Design: a. Incorporate existing significant trees, wooded areas and/or vegetation in the planting plan where they contribute to overall landscape design. b. Select plant materials that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, maintenance needs and growth characteristics. D. Signage Design: 1. Provide signage that is consistent with the site's architectural theme. 2. Manage sign elements such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in proportion to the building and site to which they pertain. 3. Provide signage that is oriented to both pedestrians and motorists in design and placement. 4. Provide a wayfinding system within the development to allow for quick location of buildings and addresses, that coordinates with other sites and the district, where appropriate. 18.60.100 Commercial Redevelopment Areas A. Intent: The intent of this section is to create a more uniform commercial district along the Tukwila International Boulevard corridor and to better integrate mixed use or commercial developments with the adjacent neighborhoods. Development within the five identified commercial redevelopment areas that is not in accordance with the underlying zone's uses and standards may be approved by the Director if the development complies with this section. B. Eligibility and Process: Any CR or HDR zoned parcel within a Commercial Redevelopment Area (CRA) shall be permitted to aggregate with any adjacent parcel that is within the NCC or RC zoning districts. Aggregation does not require lot consolidation and may be accomplished via design review or development applications which propose multi -parcel development. The permitted uses and development standards of the subject parcel within the CRA shall be those of the adjacent RC or NCC zoning district to which the CR or HDR zoned properties are being aggregated. C. Criteria of Approval: The development shall include at least one parcel that fronts on Tukwila International Boulevard. It may include any number of additional adjacent parcels within the CRA. 18.60.110 Expiration of Design Review Permits A. A complete building permit application for a project which received an approved design review permit must be received by the Department within three (3) years from the date of the Notice of Decision of the Design Review Permit, or the approval decision of the Design Review Permit becomes null and void. Return to Title CHAPTER 18.64 CONDITIONAL USE PERMITS Sections: 18.64.010 Purpose 18.64.020 Uses Requiring a Conditional Use Permit 18.64.030 Conditional Use Permit Applications 18.64.050 Criteria 18.64.060 Expiration and Renewal 18.64.070 Revocation of Permit 18.64.080 Performance Bond and Other Security 18.64.090 Resubmittal of Application 18.64.010 Purpose A. It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing Examiner under such conditions as the Hearing Examiner may impose. Our 2741 §4 (part), 2024 18.64.020 Uses Requiring a Conditional Use Permit A. The conditional uses listed in the specified use districts require a conditional use permit in order to locate and operate in an appropriate zone district within the City. Ours 2741 §4 (part), 2024 18.64.030 Conditional Use Permit Applications A. Applications for Conditional Use Permits shall be processed as Type 3 decisions, subject to the provisions found at TMC 18.104. Ours 2741 §4 (part), 2024 18.64.050 Criteria A. The following criteria shall apply in granting a conditional use permit: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improve- ments in the vicinity of the proposed use or in the district in which the subject property is situated; 2. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy; 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; 4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan; 5. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 313 of 356 Return to Title 18.64.060 Expiration and Renewal A. A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing Examiner may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing Examiner may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. Ours.. 2741 §4 (part), 2024 18.64.070 Revocation of Permit A. The Hearing Examiner may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations. 5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the Director of Community Development in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. Ours.. 2741 §4 (part), 2024 18.64.080 Performance Bond and Other Security A. A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. Ors 2741 §4 (part), 2024 18.64.090 Resubmittal of Application A. An application for a conditional use permit that has been denied may not be resubmitted within six (6) months from the date of the Hearing Examiner's disapproval. Ours.. 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 314 of 356 Return to Title CHAPTER 18.66 UNCLASSIFIED USE PERMITS Sections: 18.66.010 Purpose 18.66.020 Uses Requiring an Unclassified Use Permit (UUP) 18.66.030 Area and Dimensional Requirements 18.66.040 Unclassified Use Permit Applications 18.66.060 Criteria 18.66.070 Expiration and Renewal 18.66.080 Revocation of Permit 18.66.090 Performance Bond and Other Security 18.66.100 Resubmittal of Application 18.66.110 Normal Upkeep, Repairs and Maintenance - Replacement of Existing Structures 18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities 18.66.130 Performance Standards for Rendering Plants 18.66.010 Purpose A. It is the purpose of this chapter to establish procedures for the regulation of uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical their being included automatically in any class of use as set forth in the various use districts previously defined. Ours 2741 §4 (part), 2024 18.66.020 Uses Requiring an Unclassified Use Permit (UUP) A. The unclassified uses listed in the specified use districts require an unclassified use permit processed as provided in this chapter. Ours 2741 §4 (part), 2024 18.66.030 Area and Dimensional Requirements A. The requirements for front, rear and side yards and open spaces and landscaping applicable to the underlying zone classification in which any such use is proposed to be located shall prevail, unless specific modifications are required in granting the unclassified use permit. B. The provisions applying to height and minimum lot area and width applicable to the underlying zone classification in which any such use is proposed to be located shall prevail unless specific modifications are required in granting the unclassified use permit. Ours 2741 §4 (part), 2024 18.66.040 Unclassified Use Permit Applications A. Applications for Unclassified Use Permits shall be processed as Type 4 decisions, subject to the provisions found at TMC 18.104. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 315 of 356 Return to Title 18.66.060 Criteria The City Council shall be guided by the following criteria in granting an unclassified use permit: 1. Where appropriate and feasible, all facilities shall be undergrounded. 2. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. 3. The proposed use shall meet or exceed the same standards for parking, landscaping, yards and other development regulations that are required in the district it will occupy. 4. The proposed development shall be compatible generally with the surrounding land uses. 5. The proposed development shall to the maximum extent feasible be consistent with and promote the goals, objectives, and policies of the Comprehensive Land Use Policy Plan and applicable adopted area plans. 6. The proposed unclassified use shall, to the maximum extent feasible, mitigate all significant adverse environmental impacts on public and private properties. Full consideration shall be given to: (a) alternative locations and/or routes that reduce or eliminate adverse impacts; and (b) alternative designs that reduce or eliminate adverse impacts. 7. In the event that a proposed essential public facility of a countywide or statewide nature creates an unavoidable significant adverse environmental or economic impact on the community, compensatory mitigation shall be required. Compensatory mitigation shall include public amenities, incentives or other public benefits which offset otherwise unmitigated adverse impacts of the essential public facility. Where appropriate, compensatory mitigation shall be provided as close to the affected area as possible. 8. For uses in residential areas, applicants shall demonstrate that there is no reasonable nonresidential alternative site for the use. 9. For uses in residential areas, applicants shall demonstrate that the use provides some tangible benefit for the neighborhood. 10. Secure community transition facilities shall be meet the following additional criteria: (a) No facility shall house more than four persons or the number of persons requested by DSHS after DSHS both demonstrates a need for additional beds in compliance with RCW 71.09 and it demonstrates compliance with RCW 71.09's "equitable distribution" requirements. (b) The facility shall be located in relation to transportation facilities in a manner appropriate to the transportation needs of the secure community transition facility residents. Ors 2741 §4 (part), 2024 18.66.070 Expiration and Renewal A. An unclassified use permit shall automatically expire one (1) year after the date of issuance of a Notice of Decision granting approval of the application unless a building permit conforming to plans upon which the permit was granted is obtained within that period of time. An unclassified use permit shall automatically expire unless substantial construction shall be completed within two (2) years from the date of issuance of a Notice of Decision granting approval of the application, unless a renewal is granted or unless the unclassified use permit specifically provides for a period greater than two years. The City Council, may renew an unclassified use permit for a maximum period of one additional year. No more than one renewal shall be issued for any unclassified use permit. A renewal may be granted only if there have been no pertinent changes in conditions surrounding the property since the time of original approval. No public hearing is required for renewal of an unclassified use permit. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 316 of 356 Return to Title 18.66.080 Revocation of Permit A. The City Council may revoke or modify any unclassified use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representation; 2. That the use for which such approval was granted has at any time ceased for a period of one year or more; 3. That the use for which such approval was granted has been abandoned; 4. That the permit granted is exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation; 5. That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the City Council in writing to initiate revocation or modification proceedings. C. Before an unclassified use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting, and appeals shall be the same as required for the initial consideration of an unclassified use permit application. Ours.. 2741 §4 (part), 2024 18.66.090 Performance Bond or Other Security A. A performance bond or other adequate and appropriate security may be required by the City Council for any elements of the proposed project which the Council determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. Or 2°/41 §4 (part), 2024 18.66.100 Resubmittal of Application A. An application for an unclassified use permit which has been disapproved by the Council cannot be resubmitted within six (6) months of the date of Council disapproval. Ours.. 2741 §4 (part), 2024 18.66.110 Normal Upkeep, Repairs, and Maintenance; Replacement of Existing Structures A. Normal upkeep, repairs, maintenance, strengthening, or restoration to a safe condition of any building or structure being used as part of an unclassified use shall not require a new or revised unclassified use permit. The replacement of existing structures with either new structures of equivalent size and/or capacity, or with new structures which do not change the use and do not constitute an expansion or enlargement as described below, shall not require a new or revised unclassified use permit; provided that, in any event, any structure that is non -conforming by reason of its height, bulk, or setbacks shall not be re -constructed in a manner which increases the extent of the nonconformity. Nothing in this section shall modify applicable requirements that such construction work may require a building permit or other construction permits pursuant to TMC Title 16 (construction codes). Ours.. 2741 §4 (part), 2024 18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities A. In addition to the structures permitted pursuant to TMC 18.66.110, existing animal rendering facilities shall be allowed to construct new facilities to update and/or modernize such use without needing to obtain a new or revised unclassified use permit if such construction involves an intensification of the permitted existing facility. For purposes of this section, "facilities" shall refer to all structures, including tanks, processing equipment, buildings and other improvements used in the rendering operation, and "intensification" shall mean new construction shall meet all of the requirements below. Any proposed new construction that fails to meet one or more of the requirements of intensification shall be considered an enlargement or Office of the City Clerk 1 City of Tukwila Page 317 of 356 Return to Title expansion, and shall require an application for a new or revised unclassified use permit for the facilities which constitute the enlargement or expansion: 1. The construction of new facilities shall be considered an intensification and may be permitted without the need to obtain an Unclassified Use Permit (UUP) if: a. The total area of the site is not increased. b. The construction of new facilities does not generate more than 10 new vehicle trips at peak hour, as determined pursuant to TMC 9.48, related to traffic concurrency. c. No new facilities are located in the shoreline buffer. d. The new facilities will comply with the performance standards set forth in TMC 18.66.130. e. The construction of new manufacturing facilities does not result in more than a 5% cumulative increase in the manufacturing capacity of the processing facility. f. The construction will not increase the extent of any nonconformity of any structure by reason of its height, bulk or setbacks. 2. Any proposed new facility which does not meet criteria 1.a through 1.f above shall be considered an enlargement or expansion, and shall comply with the provisions of TMC 18.66, Unclassified Use Permits. 3. Whether or not a proposed new facility is considered an intensification or an expansion/enlargement, all other applicable codes such as construction codes, SEPA, etc., shall continue to apply. Ors 2741 §4 (part), 2024 18.66.130 Performance Standards for Rendering Plants A. The following performance standards shall apply to rendering plants, in addition to the performance standards for the applicable zoning district.: 1. Any new facilities constructed at a rendering plant which will be used for storage or transmission of liquid or semi- liquid products will be protected by containment facilities capable of preventing the release of any product into surface or ground waters in the event of a spill or breakage. If more than one storage or transmission facility is protected by a containment facility, such containment facility shall be of sufficient size to contain a spill of the largest storage or transmission facility so protected. 2. Any new facilities will utilize the best feasible odor abatement control equipment and shall be designed, constructed and operated so that the new facilities will not increase the risk of odor emissions from the site. 3. The facility, including both existing and new facilities, shall comply with applicable air pollution control requirements of the Puget Sound Air Pollution Control Agency, including both procedural and substantive standards. 4. A copy of the current Spill Prevention Control and Countermeasure Plan (SPCCP) for the new facilities required by the Puget Sound Air Pollution Control Agency shall be on file with the Department. Ors 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 318 of 356 Return to Title CHAPTER 18.70 NONCONFORMING LOTS, STRUCTURES AND USES Sections: 18.70.010 Purpose 18.70.020 Construction Approved Prior to Adoption of Title 18.70.030 Substandard Lots 18.70.040 Nonconforming Uses 18.70.050 Nonconforming Structures 18.70.060 Repairs and Maintenance 18.70.070 Building Safety 18.70.080 Nonconforming Parking Lots 18.70.090 Nonconforming Landscape Areas 18.70.100 Conditional and Unclassified Uses 18.70.110 Nonconforming Adult Entertainment Establishment 18.70.120 Dedication of Property to the Public 18.70.130 Cargo Containers 18.70.010 Purpose A. It is the purpose of this chapter to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect the development and perpetuation of desirable residential, commercial, and industrial areas with appropriate groupings of compatible and related uses. Ors 2741 §4 (part), 2024 18.70.020 Construction Approved Prior to Adoption of Title A. To avoid undue hardship, nothing in this title shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to adoption of this title and upon which actual building construction has been carried on in a diligent manner. Actual construction shall consist of materials in permanent positions and fastened in a permanent manner, and demolition, elimination and removal of one or more existing structures in connection with such construction; providing, that actual construction work shall be diligently carried on until the completion of the structure involved. Ors 2741 §4 (part), 2024 18.70.030 Substandard Lots A. A lot which does not meet the minimum standard for average lot width and/or minimum lot area for the zone in which it is located, may still be developed, without the need for a variance, as a separate lot if the proposed use is one which is permitted in the zone, and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. Nothing in this subsection shall be deemed to prevent the owner of a sub -standard lot from applying for or receiving approval of variances pursuant to TMC 18.72. Ors 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 319 of 356 Return to Title 18.70.040 Nonconforming Uses A. Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC 18.70.050(1), TMC 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Hearing Examiner and/or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. Ours 2741 §4 (part), 2024 18.70.050 Nonconforming Structures A. Where a lawful structure exists at the effective date of adoption of this title that could not be built under the terms of this title by reason of restrictions on area, development area, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions: 1. No such structure may be enlarged or altered in such a way that increases its degree of nonconformity. Ordinary maintenance of a nonconforming structure is permitted, pursuant to TMC 18.70.060, including but not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment repair/replacement and weatherization. These and other alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this section. 2. Should such structure be destroyed by any means to an extent of more than 50% of its assessed value at time of destruction it shall not be reconstructed except in conformity with provisions of this title, except that residential structures that are nonconforming in regard to dimensional standards, critical area buffers, use or density may be reconstructed to their original dimensions and location on the lot. 3. Should such structure's physical location be changed, for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. 4. When use of a nonconforming structure, or structure and premises in combination, ceases for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zone in which it is located. Upon request of the owner, the City Council may grant an extension of time beyond the 24 consecutive months. 5. If a structure containing a primary use is demolished, all remaining dependent accessory structures on the parcel shall be removed, unless a primary permitted use on the site is established within one year of the demolition. A performance Office of the City Clerk 1 City of Tukwila Page 320 of 356 Return to Title bond or financial security equal to 150% of the cost of labor and materials required for the demolition of accessory structures shall be submitted prior to issuance of any permit granting demolition of a structure containing a primary use. 6. Residential structures and uses in existence at the time of adoption of this title shall not be deemed nonconforming in terms of any dimensional, use, or density provisions of this title. 7. In areas of potential geologic instability, coal mine hazard areas, and buffers, as defined in the Critical Areas Overlay District chapter of this title, existing structures may be remodeled, reconstructed or replaced, provided that: a. The construction is subject to the geotechnical report requirements and standards of TMC 18.45.120.B and 18.45.120.C; b. The construction does not threaten the public health, safety or welfare; c. The construction does not increase the potential for soil erosion or result in unacceptable risk or damage to existing or potential development or to neighboring properties; and d. The structure otherwise meets the requirements of this chapter. Or 2°105 §128, 2025, Ours. 274„1 4 (part), 2024 18.70.060 Repairs and Maintenance A. If any building is devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the current replacement value of the building. Ours 2741 §4 (part), 2024 18.70.070 Building Safety A. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by order of any City official charged with protecting the public safety. B. Alterations or expansion of a nonconforming use which are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed. Ours 2741 §4 (part), 2024 18.70.080 Nonconforming Parking Lots A. Nothing contained in the Off-street Parking and Loading Regulations chapter of this title shall be construed to require a change in any aspect of a structure or facility covered thereunder including, without limitation, parking lot layout, loading space requirements and curb -cuts, for any structure or facility which existed on the date of adoption of this title. B. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment less than 100%, the requirements of the Off-street Parking and Loading Regulations chapter of this title shall be complied with for the additional parking area. C. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment greater than 100%, the requirements of the Off-street Parking and Loading Regulations chapter of this title shall be complied with for the entire parking area. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 321 of 356 Return to Title 18.70.090 Nonconforming Landscape Areas A. Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscape improvements for any legal landscape area which existed on the date of adoption of this title, unless and until a change of use or alteration of the site exceeding 50% of the site's improvement value is proposed. B. At such time as a change is proposed that requires a change in the landscape improvements in accordance with TMC 18.70.090.A, submittal of a landscape plan which conforms to the requirements of this title shall be required. The Director may modify the standards imposed by this title when, in their judgment, strict compliance with the landscaping standards of this code would create substantial practical difficulties, the existing and proposed additional landscaping and screening materials together will adequately screen or buffer possible use incompatibilities, soften the barren appearance of parking or storage areas, and/or adequately enhance the premises appropriate to the use district and location of the site. Or s 2 C5 §12 , 2025, Or 2/4„1 4 (part), 2024 18.70.100 Conditional and Unclassified Uses A. A legal use does not become nonconforming because the zone in which it is located is changed to a zone which requires a conditional or unclassified use permit for the use, or because the use is changed from an allowed use to a conditional or unclassified use within the same zone; provided, however, the use may not be expanded nor may buildings be enlarged, altered or modified without first obtaining a conditional or unclassified use permit if required pursuant to requirements of TMC Chapters 18.64 or 18.66. Ors.. 2741 §4 (part), 2024 18.70.110 Nonconforming Adult Entertainment Establishments A. Notwithstanding any other provision of this chapter, any adult entertainment use or establishment which is rendered nonconforming by the provisions of any ordinance of the City shall be terminated or discontinued within 90 days from the effective date of that ordinance. 1. The owner or operator of any adult entertainment use or establishment which is rendered nonconforming by the provisions of any ordinance of the City may appeal the 90-day termination provision of this section by filing a notice of appeal with the City Clerk within 60 days of the effective date of this section. 2. Within ten days of receipt of a notice of appeal, the City Clerk shall schedule a hearing on the appeal before a hearing examiner. The hearing shall be no later than 20 days from the date of receipt by the City of the notice of appeal, unless extended by mutual agreement of the parties. The hearing examiner shall be the City Clerk or their designee. 3. Within ten days, excluding weekends and holidays recognized by the City, from the date of the hearing on an appeal under this section, the hearing examiner shall issue a written decision, which shall set forth the hearing examiner's findings of fact and conclusions of law. The hearing examiner shall consider the following factors and any other factors that they determine to be relevant or helpful in reaching a decision: a. The harm or hardship to the appellant caused by the 90-day termination provision of this section; b. The benefit to the public to be gained from termination of the use; c. The nature of the leasehold or other ownership interest that an appellant may have in premises occupied by the adult entertainment use; d. Restrictions or lack of same imposed on an appellant's use of such premises by a lease or other binding agreement; e. Amounts expended by an appellant for improvements to such premises or for necessary equipment and the extent to which those amounts have been recovered through depreciation, tax savings, or whether such improvements are contemplated to be left as property of the lessor; and Office of the City Clerk 1 City of Tukwila Page 322 of 356 Return to Title f. Any clear evidence of substantial economic harm caused by enforcement of the 90-day termination provision of this section. 4. Any appeal of the 90-day termination provision filed pursuant to this section shall be classified as a Type 1 decision to be rendered by the Hearing Examiner pursuant to the provisions of TMC 18.104 and 18.108. r 27 5 §130, 2023 Or 2741 §4 (part), NZ 18.70.120 Dedication of Property to the Public A. No existing or proposed building shall become nonconforming relating to setbacks or landscaping requirements because portions of the property are dedicated to the City for frontage improvements. r 27 5 §131, 2023 Or 2741 4 (part), 2024 18.70.130 Cargo Containers A. All cargo containers that have been installed in the LDR, MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC or C/LI zones as of April 15, 2002 must either receive Type 2 special permission approval or be removed by April 15, 2003. Criteria for approval are as follows: 1. Only one cargo container will be allowed per lot. 2. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 3. If located adjacent to a building, the cargo container must be painted to match the building's color. 4. Cargo containers may not occupy any required off-street parking spaces. 5. Cargo containers shall meet all setback requirements for the zone. 6. Outdoor cargo containers may not be stacked. B. All containers so approved will be considered legal structures and may remain in place so long as the location and screening are not altered. If an approved cargo container is moved off a residential zoned property containing a residential use, no new container may be moved onto the property. Oui 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 323 of 356 Return to Title CHAPTER 18.72 VARIANCES Sections: 18.72.010 Purpose 18.72.020 Application Requirements 18.72.030 Criteria for Approval 18.72.040 Conditions of Approval 18.72.050 Expirations 18.72.060 Prohibited Variance 18.72.010 Purpose A. It is the purpose of this chapter to authorize, in specific cases, variances from the provisions of the land use regulatory ordinances of the City. Ors 2741 §4 (part), 2024 18.72.020 Application Requirements A. Applications for Variances shall be processed as Type 3 decisions, subject to the provisions found at TMC 18.104. Ours.. 2741 §4 (part), 2o2ne 18.72.030 Criteria for Approval A. The Hearing Examiner shall consider all requests for variances. Variances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. 7. If the proposal is a variance from the requirements of Title 19 (Sign and Visual Communication Code), the granting of such variance shall result in greater convenience to the public in identifying the business location for which a variance is sought. Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 324 of 356 Return to Title 18.72.040 Conditions of Approval A. In authorizing the variance, the Hearing Examiner may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest. Ors.. 2741 §4 (part), 2024 18.72.050 Expirations A. A variance so authorized shall become void after the expiration of one (1) year or a longer period as specified at the time of the Hearing Examiner action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the Hearing Examiner may extend the period of variance authorization without a public hearing for a period not to exceed twelve (12) months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval. Ors.. 2741 §4 (part), 2024 18.72.060 Prohibited Variance A. Under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this Title in said zone. B. Under no circumstances shall the Hearing Examiner grant a variance to allow a sign type that is prohibited by the terms of Title 19 (Sign and Visual Communication Code). Ours 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 325 of 356 Return to Title CHAPTER 18.80 Sections: 18.80.010 18.80.020 18.80.030 18.80.040 18.80.050 18.80.060 18.80.070 18.80.080 AMENDMENTS TO THE COMPREHENSIVE PLAN Applications to Amcnd thc Comprchcnsivc flan Comprchcnsivc Plan Amcndmcnt Dockct Noticc and Commcnt Rcvicw Proccdurc for Comprchcnsivc flan Dockct Requests Decision Criteria Staff Rcport Planning Commission Rccommcndation Council Decision 18.80.010 A. Any interested person (including applicants, residents, City staff and officials, and staff of othcr agencies) may submit an application for an Amcndmcnt to thc Comprchcnsivc Plan to thc Dcpartmcnt. 8. Applications for Amendments to thc Comprchcnsivc Plan shall bc processed as Typc 5 decisions, subjcct to the provisions found at TMC 18.104. N,Ord. 2741 4 (pant), 20241 18.80.020 A. Purpose: Thc purpose of this section is to cstablish proccdurcs, pursuant to RCW 36.70A, for thc rcvicw and amcndmcnt of thc Comprchcnsivc Plan. 1. Thc Growth Managcmcnt Act, RCW 36.70A, providcs that thc Comprchcnsivc Plan amcndmcnts bc considcrcd no morc than oncc a year with limited cxccptions. Thc Growth Managcmcnt Act further providcs that all proposals shall bc considcrcd by thc governing body concurrcntly so thc cumulative cffcct of thc various proposals can bc ascertained. 2. Thc Annual Comprchcnsivc Plan Amcndmcnt Rcvicw Dockct ("Annual Rcvicw Dockct") will cstablish thc annual fist of proposcd Comprchcnsivc Plan amcndmcnts and related development regulations that thc City Council determines should bc included for rcvicw and considcration for any givcn yoar. 3. Placement of an amcndmcnt rcqucst on thc Annual Rcvicw Dockct docs not mean thc amcndmcnt rcqucst will bc approved by thc City Council. B. Emergency Changcs: If either the Department or the Council dctcrmincs that a proposcd changc is an cmcrgcncy, thc Dcpartmcnt shall prepare thc staff rcport described bclow and forward thc proposcd changc to thc Council for immediate considcration, subjcct to thc procedural rcquircmcnts for considcration of amcndmcnts. An cmcrgcncy amcndmcnt is a proposcd changc or revision that necessitates cxpcditious action to address one or morc of thc following criteria: 1. Preserve thc health, safety or welfare of thc public. 2. Support thc social, cconomic or environmental well bcing of thc City. 3. Address thc absence of adequate and available public facilities or services. Office of the City Clerk 1 City of Tukwila Page 326 of 356 Return to Title 4. Rcspond to dccisions by thc Ccntral Pugct Sound Crowth Managcmcnt Hearings Board, thc statc or fcdcral courts, or actions of a statc agcncy or thc Icgislaturc. C. Dockct Submittal Timclinc: Non cmcrgcncy applications to bc considcrcd during c€ach yclar's Annual Rcvicw Dockct shall bc submittcd by 5:00 p.m. on thc first Monday of August of thc prcccding year. Any application rcccivcd aftcr thc submittal dc�dlinc shall bc considcrcd during thc following yer's Annual Rcvicw Dockct. . (Ord.. 274.1 4 (pant), 20241 18.80.030 Noticc and Common. A. Thc dockct of proposcd changcs shall bc postcd on thc Dcpartmcnt's wcbsitc. Noticc shall bc providcd pursuant to TMC 18.104.160. (Qrd. 2711 §4 rity 20211 48.80.040 Rcvicw Proccdurc for Comprchcnsivc Plan Dockct Rcqucst: A. Within thc first quartcr of each yer, thc Council will considcr thc following rcgarding whcthcr or not to add an application to thc Annual Rcvicw Dockct: 1. Alignmcnt with work plan itcms. 2. Budgct and staff availability to complctc a full rcvicw of thc proposal. 3. Concictcncy with thc City's currcnt policics and programmatic prioritics. B. Thc Dircctor shall rcvicw, asscss, and prcparc a recommendation for clach rcqucst on thc Annual Rcvicw Dockct baccd on thc concidcrations found at TMC 18.80.040(A)(1 3). C. Following Council concidcration, thc Council shall takc action as follows: 1. Add thc proposcd amcndmcnt to thc Annual Rcvicw Dockct; 2. Dcfcr furthcr Council concidcration for one or morc yoars to allow thc City furthcr timc to cvaluatc thc application of thc cxisting plan or rcgulations and considcr it as part of a futurc Annual Rcvicw Dockct; or 3. Rcjcct thc proposcd amcndmcnt. (Qrd.. 2711 §4 (part), 20211 18.80.050 Decision Criteria A. The following criteria shall be used for the Planning Commission's recommendation and the City Council's decision on an application on the Annual Review Docket: 1. Is the amendment consistent with the Comprehensive Plan? 2. Does the amendment meet at least one of the following criteria: a. Eliminates conflicts between TMC and the Comprehensive Plan; or b. Accomplishes policy directives of the Council or Administration; or c. Corrects errors in the Comprehensive Plan. Ors 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 327 of 356 Return to Title 13.30.068 Staff Rcport A. Prior to Planning Commission and Council consideration of any proposcd amcndmcnt to thc Comprehensive Plan, thc Dircctor shall prepare a rcport that analyzes and considcrs ach proposal for conformance with thc dccision critcria detailed in TMC 18.80.050. N',Ord. 2741 §4 (pant), 20241 18.80.070 A. Following thc public haring, thc Planning Commission will considcr thc dccision critcria found at TMC 18.80.050 in dcciding what rccommcndation to make to thc City Council. N',Ord. 2741 §4 (pant), 20241 1-87807080 Council Decision A. Following rcccipt of thc Planning Commission's rccommcndation, thc City Council shall hold a public haring on the proposal. B. The City Council shall considcr thc critcria found at TMC 18.80.050, as well as thc rccommcndation of thc Dircctor and thc Planning Commission, whcn making a dccision on a proposcd amcndmcnt. C. Pursuant to thc dccision proccsscs found at TMC 18.108.050, thc City Council shall: 1. adopt thc amcndmcnt as proposcd; or 2. modify and adopt thc proposcd amcndmcnt; or 3. reject thc proposcd amcndmcnt. (Ord. 2711 §4 (pant , 2211 Office of the City Clerk 1 City of Tukwila Page 328 of 356 Return to Title CHAPTER 18.82 AMENDMENTS TO DEVELOPMENT REGULATIONS Sections: 18.82.010 Application 18.82.020 Decision Criteria 18.82.030 Staff Rcport 18.82.030 flcvicw Proccdures 18.82.040 Council Dccision 18.82.010 kiplieation A. Any intcrcstcd person (including applicants, rcsidcnts, City staff and officials, and staff of othcr agcncics) may submit an application for a tcxt amcndmcnt to thc Tukwila Municipal Codc dcvclopmcnt rcgulations to thc Dcpartmcnt. R Applications for Amcndmcnts to Dcvclopmcnt Rcgulations shall be proccsscd as Typc 5 dccisions, subjcct to the provisions found at TMC 18.104. N,Ord. 2741 §4 (pant), 20241 18.82.020 Decision Criteria A. The following criteria shall be used to review an amendment to development regulations: 1. Is the amendment consistent with the Comprehensive Plan? 2. Does the amendment meet at least one of the following criteria: a. Eliminates conflicts between TMC and the Comprehensive Plan; or b. Accomplishes policy directives of the Council or Administration; or c. Corrects an error or errors in the TMC. Ours 2741 §4 (part), 2024 18.82.030 Staff Rcport A. Prior to concidcration of any propoccd amcndmcnt, thc Dcpartmcnt shall prcparc and submit to thc rcvicwing body a staff rcport that addrcsscs thc following: 1. An cvaluation of thc application matcrials; 2. Impact upon thc Tukwila Comprchcncivc Plan and Zoning Codc; 3. Impact upon surrounding propertics, if applicablc; �. Altcrnativcs to thc propoccd amcndmcnt; and 5. Appropriatc codc citations and othcr rcicvant documcnts. 8. The Dcpartmcnt's rcport shall transmit a copy of thc application for c€ach proposcd amcndmcnt, any writtcn commcnts on thc proposals rcccivcd by thc Dcpartmcnt, and shall contain thc Dcpartmcnt's rccommcndation on adoption, fcjcction, or dcfcrral of c\ach proposcd changc. NOrd. 2741 §4 (I: art), 20241 Office of the City Clerk 1 City of Tukwila Page 329 of 356 Return to Title 18 827040 Rcvicw Proccdurc3 A. Thc following shall apply to proccssing a tcxt amcndmcnt to dcvclopmcnt rcgulations: 1. Thc City Council shall dccidc whcthcr thc Council shall rcvicw or rcjcct thc amcndmcnt, or dircct thc Planning Commission to rcvicw thc amcndmcnt. 2. If thc Planning Commission is dircctcd to rcvicw thc amcndmcnt, thc Planning Commission shall, aftcr considcring thc amcndmcnt at a public hcring, votc and forward a writtcn rccommcndation to thc City Council. 3. Thc Planning Commission's writtcn rccommcndation shall bc prcscntcd to thc City Council unchangcd and accompanicd by an Informational Mcmorandum that includcs any staff proposcd changcs to thc Planning Commission') fccommcndation. If any of staffs proposcd changcs arc substantivcly diffcrcnt from thc Planning Commission's fccommcndation, thc City Council may rcmand thc changcs to the Planning Commission bcforc procccding furthcr with action on thc amcndmcnt. 1. At Iast one public herring shall bc hcld prior to thc City Council acting on an amcndmcnt. Thc public hcring may bc hcld bcforc thc Planning Commission or thc City Council, or both. 18.82.050 Council Dccision A. Thc City Council may: 1. Adopt thc amcndmcnt as proposcd; or 2. Modify and adopt thc proposcd amcndmcnt; or 3. Forward to thc Planning Commission for furthcr procccdings; or 1. Dcny thc proposcd amcndmcnt. Nard. 2741 §4 (pant), 20241 (Qrd. 2711 §4 (par , 2021 ] Office of the City Clerk 1 City of Tukwila Page 330 of 356 Return to Title CHAPTER 18.84 AMENDMENTS TO THE ZONING AND COMPREHENSIVE PLAN MAPS Sections: 18.841-0 Application 18.84.020 flcvicw Proccdures 18.84.030 Decision Criteria 18.847940 Council Dccision 8 kiplieation A. Any intcrcstcd person (including applicants, rcsidcnts, City staff and officials, and staff of othcr agcncics) may submit an application to rczonc a property via an amcndmcnt to thc Zoning and Comprchcnsivc Plan Maps to thc Dcpartmcnt. B. Applications for amcndmcnts to thc Zoning and Comprchcnsivc Plan Maps shall bc proccsrccd as Typc 5 dccicions, cubjcct to thc provisions found at TMC 18.104. (Ord. 741 §4 (pant), O24 84 20 Rcvicw Proccdurc3 A. Applications for amcndmcnts to thc Zoning and Comprchcnsivc Plan Maps shall bc subject to TMC 18.80.020 through TMC 18.80.040. N,Ord. 2741 §4 (pant), 20241 18.84.030 Decision Criteria A. Each determination granting or denying an amendment to the Zoning and Comprehensive Plan Maps shall be supported by written findings and conclusions, showing specifically that all of the following conditions exist or explaining why such conditions do not exist: 1. The proposed amendment to the Maps is consistent with the Comprehensive Plan; and 2. The proposed amendment to the Maps is consistent with TMC Title 18; and 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Maps; and 4. The proposed amendment to the Maps will be in the greater public interest, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. Ors 2011 §4 (part), 202 18:84.040 Council Dccision A. The City Council may: 1. Adopt thc rczonc and map amcndmcnt; or 2. Modify thc proposcd rczonc and map amcndmcnt; or 3. Dcny thc proposcd rczonc and map amcndmcnt. 8. Action undcr TMC 18.84, which amcnds thc official Zoning Map, shall rcquirc thc adoption of an ordinancc by tho City Council pursuant to thc Tukwila Municipal Codc and Statc law. NOrd. 2741 §4 (pant), 0 4) Office of the City Clerk 1 City of Tukwila Page 331 of 356 Return to Title CHAPTER 18.86 DIEVIELC►IPIMIEII'" "T .AGIIRIEIEI EII'" "TS Sections: 18.86.010 Development Agreements - Authorized 18.86.020 "Development Standards" Defined 18.86.030 Development Standards, Flexibility 18.86.040 Exercise of City Police Power and Contract Authority 18.86.050 Form — Public Hearing Required 18.86.060 Conditions of Approval 18.86.070 Recording 18.86.080 Discretionary, Legislative Act 18.86.010 Development Agreements - Authorized A. The City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (dui • 2741 §4 (part), 2024 18.86.020 "Development Standards" Defined A. For purposes of this chapter, the term "development standards" means and includes, but is not limited to: 1. Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, or dedications; 3. Mitigation measures, development conditions, and other requirements under RCW 43.21 C; 4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; 5. Parks and open space preservation; 6. Phasing; 7. Review procedures and standards for implementing decisions; 8. A build -out or vesting period for applicable standards; and 9. Any other development requirement or procedure deemed appropriate by the City Council. O. 2141 §4 (part), 2024 18.86.030 Development Standards, Flexibility A. A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Any approved development standards that differ from those in the Code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval. The Office of the City Clerk 1 City of Tukwila Page 332 of 356 Return to Title development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Tukwila Municipal Code. Subsequently adopted standards that differ from those of a development agreement adopted by the City as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases that are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes/regulations/ordinances and fire codes/ regulations/ordinances in effect when the permit is applied for. Or 2°741 §4 (part), 2024 18.86.040 Exercise of City Police Power and Contract Authority A. As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the City's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. Ors.. 2741 §4 (part), 2024 18.86.050 Form — Public Hearing Required A. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in a form and content as approved by the City Attorney. Development agreements shall be approved by ordinance or resolution and shall be subject to review and approval by the City Council after a duly noticed public hearing pursuant to RCW 36.70B.200. Ors.. 2741 §4 (part), 2024 18.86.060 Conditions of Approval A. In approving a development agreement, conditions of approval shall at a minimum establish: 1. A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of non-residential development; 2. The expected build -out time period for the entire project and the various phases, if proposed; 3. Project phasing, if proposed, and other project -specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks; 4. Road and storm water design standards that shall apply to the various phases, if proposed, of the project; 5. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project; 6. The size and range of uses authorized for any non-residential development within the project; and 7. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur. 8. Any other item deemed necessary by the City Council. (dui 2 /41 part), 2o24 Office of the City Clerk 1 City of Tukwila Page 333 of 356 Return to Title 18.86.070 Recording A. A development agreement shall be recorded with the real property records of the county in which the property is located pursuant to RCW 36.70B.190. Ors 7 411 §4 (part), 2024 18.86.080 Discretionary, Legislative Act A. The decision of the City Council to approve or reject a request for a development agreement shall be a discretionary, legislative act. Ors 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 334 of 356 Return to Title Ccctions: 18.88.010 18.88.020 CHAPTER18QQ APPLICATION FEES Application Fccs Affordable Housing Fcc Reductions 18.88.010 A. Land use application fccs and chargcs shall bc paid at thc timc an application or request is filcd with thc City. All fccs and chargcs shall bc per thc Land Usc Fcc Schedule most rcccntly adopted by thc City Council. (Ord„ 2741 §4 (part), , 20241 18.88.020 A. Dcsign rcvicw, reasonable usc exception, subdivision, planned residential development, SEPA, conditional usc, and chorclinc permit fccs, for thc entitlement of dwclling units, may bc reduced by thc Director whcn requested in writing by the property owncr prior to permit submittal and whcn all of thc following conditions arc mct: 1. Fcc rcduction tablc. Unit Size ,q few 4 Fcc Reduction 2 or morc bcdroom3 89%2 403 2 or morc bcdroom3 Setla 2 4WD Any 3izC 50% 2 8944 4 Unit3 to bc sold or rcntcd to a per3on or hou3chold who3c monthly homing co3t3, including utilitic3 othcr than tcicphonc, do not cxcccd 30% of thc houschold's monthly incomc. 2 Percentage of King County Mcdian family incomc adjusted for family cizc as rcportcd by thc U.B. Dcpartmcnt of Housing and Urban Dcvclopmcnt. 2. If thc projcct contains a mix of dwclling units that qualify for fcc rcduction per thc tablc in subparagraph 1 above and units that do not qualify duc to unit size or expense, thc fcc rcduction shall bc pro ratcd to rcflcct thc proportion of low incomc units in thc projcct. 3. If convcrtcd to market rate housing within 10 years of thc issuance of thc Certificate of Occupancy, thc fuli applicable permit fccs at thc timc of conversion shall bc paid to thc City. 1. If thc projcct contains commercial tenant space that occupics morc than 15% of thc building, along with dwclling units that qualify for fcc rcduction per thc tablc in subparagraph 1 above, thc fcc rcduction shall bc pro ratcd to rcflcct the occupied by thc low incomc units. 15% of thc building arc considcrcd accessory and will not affcct thc fcc rcduction. NOrd. 2741 §4 (par , 20241 Office of the City Clerk 1 City of Tukwila Page 335 of 356 Return to Title CHAPTER1896 ADMINISTRATION AND ENFORCEMENT Ccctions: 18.96.010 Administrative Responsibility 18.96.020 Interpretations 18.96.030 Rcvicw of Zoning Compliance 18.96.040 Pcrformancc Bond 18.96.050 Amount of Bond, or Equivalcnt 18.96.060 Changc in Use 18.96.070 Rccord of Ccrtificatcs Issued 18.96.110 Refit* 18.96.120 Othcr Lcgal Action 18.96.010 A. Thc Dircctor, as thc duly authorized representative of thc Mayor, is charged with thc responsibility of carrying out thc provisions of thc zoning ordinance. Thcy may bc providcd with thc assistance of such othcr persons as thc Mayor may direct. N,Ord. 2741 §4 (pant), 20241 18.96.020 intcrprctation3 A. An intcrprctation of this titic by thc Dircctor or thc Director's dcicgatc may bc requested in writing by any person or may bc initiated by thc Dircctor. A decision by thc Dircctor that an issue is not cubjcct to an intcrprctation rcqucct shall be final and not cubjcct to administrative appal. Any rcqucct for intcrprctation shall bc a Typc 2 Decision filcd with thc Dircctor, accompanied by a fcc according to thc most rcccntly adopted Land Usc Fcc Schedule. Thc intcrprctation of thc Dircctor shalt bc givcn substantial wcight, and thc burden of establishing thc contrary shall bc upon thc appellant. N rd 2741 §4 (part), 20241 18.96.030 A. No department, official, or cmploycc of thc City shall issue an occupancy permit until thcrc has bccn endorsed thcrcon certification of compliancc with thc applicable rcgulations of this titic by thc Dircctor or thcir dcicgatc. For thc purposes of TMC 18.96, an occupancy permit shall mean thc rcvicw and rccording of zoning compliancc as accomplished through the building permit and busincss license application proccdurcs. N,Ord. 2741 §4 (pant), 20241 13.96.040 Pcrformancc Bond A. Thc Dcpartmcnt may authorize thc issuance of a tcmporary occupancy permit conditioncd upon thc subsequent complction or satisfaction of unfulfillcd rcquircmcnts or rcgulations, or uncomplctcd development proposals. A condition for issuance of such tcmporary permit may bc thc posting with thc City of a performancc bond or its cquivalcnt, to insure fulfillmcnt of all conditions to which such permit is subjcct. Thc conditions to which such tcmporary occupancy permit is subjcct shall bc aictcd upon thc permit or attached thcrcto. No occupancy permit or ccrtificatc of occupancy shall bc issued cxccpt as hcrcinabovc providcd. No occupancy permit shall bc issued until all such conditions arc satisfied. If thc conditions arc not satisfied within one yc€r from thc date of thc spccificd in thc tcmporary occupancy permit, dcmand may bc made by the City against the bond, or its cquivalcnt, for complction and performancc. Prior to such dcmand bcing givcn, thc Dircctor shall givc amplc noticc to thc person or persons involvcd. NOrd. 2741 §4 (pant), 20241 Office of the City Clerk 1 City of Tukwila Page 336 of 356 Return to Title 18.96.050 , A. Thc performancc bond, or cquivalcnt, shall bc in a form acccptablc to thc City Attorncy, and rcprcscnt a proportion of thc fair cost cstimatc of thc proposcd dcvclopmcnt or improvcmcnt as dctcrmincd by thc Dircctor, according to thc following cchcdulc: Fair Cost Estimatc Amount of Bond Up to $50,000 100% of cstimatc $50,001 to $100,000 75% of cstimatc $100,001 to $250,000 50% of cstimatc $250,001 and ovcr 25% of cstimatc (Ord. 2711 §4 (par , 2d21 ) 18.96.060 Changc in Use A. Whcncvcr a changc in usc of land or structurcs takcs placc thc owncr of such land or structurcs shall bc rcquircd to submit an application for an occupancy permit for thc new usc or structurcs within 15 days of thc datc of such changc in usc. Failurc to do so shall bc a violation of this titic. N,Ord. 274.1 §4 (part), 20241 18.96.070 accord of Ccrtificatcs b ucd A. Thc Dircctor or thcir dcicgatc shall circulatc a rcqucst for an occupancy permit for a changc in usc to all City dcpartmcnts, and shall maintain a rccord of all occupancy permits iscucd. (Ord 2711 §4 (part), 2021 18.96.110 Pcnalty A. Any violation of any provision, or failurc to comply with any of thc rcquircmcnts of this chaptcr, shall bc cubjcct to cnforccmcnt and pcnaltics as prcccribcd in TMC 8.45 and thc iscuancc of a Noticc of Violation in accordancc with TMC 8.45.070. (Ord 2711 §4 (part), 2021 18.96.120 Othcr Lcgal Action A. Nothing hcrcin containcd shall prcvcnt thc City from sccking such othcr Icgal or cquitablc rcmcdics as may be availablc to prcvcnt or rcmcdy any violation. N,Ord. 2741 §4 (part), 2024) Office of the City Clerk 1 City of Tukwila Page 337 of 356 Return to Title CHAPTER 18.101 PERItl11T ADDI ICATION TYPES AND PROCEDURES Ccctions: 18.104.010 Clasrcification of Projcct Pcrmit Applications 18.104 0 Consolidation of SEPA Proccdurcs and Appcls 18.1040 Consolidation of Pcrmit Applications 18.1047940 Rclationship to SEPA 18.1047960 Prc application Conferences 18.104 960 Application Requirements 18.10477-0 Noticc of Complctc Application to Applicant 18.1040 Noticc of Application Contents 18.10479.90 Noticc of Application Procedure 18.104.100 Party of Rccord 18.1047140 Posted Notice 18.104420 Mailcd Notice 18.104.130 Timc Pcriods for Pcrmit Issuance 18.104140 Pcrmit Cancellations 18.104.150 Rcvicions to Dcvclopmcnt Pcrmit Applications Aftcr Issuance 18.104.160 Expiration of Dcvclopmcnt Pcrmit Applications Aftcr Issuance 18.1044 .0 Dcvclopmcnt Pcrmit Rc�ctivations 18.104.180 Vesting 18.10471-90 Hcring Scheduling Noticc of Hcring 18.10490 Noticc of Decision 18.104.210 Rcfcrral to Othcr City Dcpartmcntc 18.104.220 Datc of Mailing 18.104.010 A. Projcct permit dccisions arc classified into fivc typcs, based on thc degree of discrction associated with coach dccision, as cct forth in this scction. Proccdurcs for thc fivc diffcrcnt typcs arc dictinguichcd according to who makes the dccision, whcthcr public noticc is rcquircd, whcthcr a public mccting and/or a public hcring is rcquircd bcforc a dccision is nnadc, and whcthcr adminictrativc appals arc providcd. (scction continucd on ncxt pagc) Office of the City Clerk I City of Tukwila Page 338 of 356 Return to Title 1. Typc 1 Dccisions arc madc by City administrators who havc tcchnical cxpertisc, as dcsignatcd by ordinancc. Typc 1 dccisions may be appalcd to thc Haring Examincr who will hold a closcd rccord appal herring bascd on thc information prcscntcd to thc City administrator who madc thc dccision. TYPE 1 DECISIONS TYPE OF PERMIT Tcmporary Encampmcnt Pcrmit Rcvocation (TMC 18.48) Dircctor Admini3trativc Variancc for Noi3c 30 days or Ic33 (TMC 8.22.120) Dircctor Any land use permit or approval iscucd by thc City, unlcsc spccifically catcgorizcd as a Typc 2, 3, 4, or 5 dccision by this chaptcr As spccificd by ordinancc Boundary Linc Adjustmcnt, including Lot Consolidation (TMC 17.08) Dircctor Critical Arcs Dcsignation Pcrmit (TMC 18.45.050) Dircctor Minor Modification of a Boundary Linc Adjustmcnt or Lot Consolidation Prcliminary Approval (TMC 17.08.030) Dircctor Dcvclopmcnt Pcrmit Budding Official Minor Modification to PRD (TMC 18.16.130) Dircctor (TMC 19.12.020) Dircctor Trcc Pcrmit (TMC 18.54) Dircctor Wircic33 Communication Facility, Eligiblc Facilitic3 (TMC 18.58) Dircctor (scction continucd on ncxt pagc) Office of the City Clerk 1 City of Tukwila Page 339 of 356 Return to Title 2. Typc 2 Dccisions arc dccisions that arc initially madc by thc Dircctor or, in ccrtain cascs, othcr City administrators or committccs, but which arc subjcct to an opcn rccord appal to thc Haring Examincr, or, in thc casc of chorclinc permits, an appal to thc Statc Shorclincs Herrings Board pursuant to RCW 90.58. TYPE 2 DECISIONS TYPE OF PERMIT NOTICING REQUIREMENTS Tcmporary Encampmcnt Pcrmit (TMC 18.18) Dircctor y Nag (TMC Scction 18.18.020(E)) Cargo Containcr Placcmcnt (TMC 18.50.060) Dircctor Gexele-kiteFpfetatiet9 (TMC 18.90.010) Dircctor Modification to Dcvclopmcnt Standards (TMC 18.41.100) Dircctor Parking standard for use not spccificd (TMC 18.56.100), and modifications to ccrtain parking standards (TMC 18.56.065, .070, .120, 110) Dircctor Rcqucst for Landsoapc Modification (TMC 18.52.120) Dircctor Critical Arcs Trcc Rcmoval and Vcgctation Clcaring (TMC 18.15.158) Dircctor Chorclinc Trcc Pcrmit (TMC 18.44.060) Dircctor Ma3tcr Sign Program (TMC 19.32.030) Dircctor Minor Modification of a Prcliminary Short Subd (TMC 17.12.030) vis on Dircctor Minor Modification of a Prcliminary Long Subdivision (TMC 17.11.030) Dircctor Final Long Subdivision (TMC 17.14.050) Dircctor Modification to TUC Corridor Standards (TMC 18.28.110.C) Dircctor Modification to TUC Opcn Spacc Standards (TMC 18.28.250.D.1.d) Dircctor Transit Rcduction to Parking Rcquircmcnts (TMC 18.28.260.B.5.b) Dircctor Wircic33 Communication Facility, Macro Facilitic3 No Ncw Towcr (TMC.58.060) Dircctor Noticing not rcquircd. Critical Arca3 (cxccpt Rcasonablc U3c Exccption) (TMC 18.15) Dircctor Shorclinc Substantial Dcvclopmcnt Pcrmit* (TMC 18.11) Dircctor Dc3ign Rcvicw (TMC 18.60.020) Dircctor (TMC 17.12) Short Subdivision Committcc Administrativc Planncd Rcsidcntial Dcvclopmcnt (TMC 18.16.110) Short Subdivision Committcc Binding Sitc Improvcmcnt Plan (TMC 17.16) Short Subdivision Committcc yei Noticc of Application (TMC 18.104.080) Postal (TMC 18.101.110) *Additional Noticc Rcquircmcnts for Shorclinc Applications (TMC 18.101.090(2)) {ccction continucd on ncxt pagc} Office of the City Clerk 1 City of Tukwila Page 340 of 356 Return to Title 3. Typc 3 Dccisions arc quasi judicial dccisions madc by thc Haring Exami Typc 3 dccisions may bc appc�lcd only to Superior Court, cxccpt for shorclinc varianccs and shorclinc conditional uscs that may bc appc�lcd to thc Statc Shorclincs Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT DECICION McKER Unccrtain zonc district boundary (TMC 18.08.010) I Icaring Examincr Variancc (TMC 18.72) I Icaring Examincr TS0 Spccial Pcrmiscion Usc (TMC 18.41.060) I Icaring Examincr Conditional U3c Pcrmit (TMC 18.64) I Icaring Examincr Modifications to Ccrtain Parking Standards (TMC 18.56) I Icaring Examincr Rcasonablc U3c Exccptions undcr Critical Arcas Ordinance (TMC 18.15.180) I Icaring Examincr Variancc for Noisc in Exccsc of 30 Days (TMC 8.22.120) I Icaring Examincr Variancc from Parking Standards ovcr 10°/0 (TMC 18.56.140) I Icaring Examincr Preliminary Long Subdivision (TMC 17.14.020) I Icaring Examincr Wircic:r; Communication Facility, Macro Facility Ncw Towcr (TMC 18.58.070) I Icaring Examincr Shoreline Conditional Usc Pcrmit* (TMC 18.11.110) I Icaring Examincr yei Noticc of Application (TMC 18.104.080) Noticc of Hering (TMC 18.101.190) Postcd (TMC 18.101.110) Mailcd (TMC 18.104.120) *Additional Noticc Rcquircmcnts for Shoreline Applications (TMC 18.101.090(2)) {section continucd on ncxt page} Office of the City Clerk 1 City of Tukwila Page 341 of 356 Return to Title 4. Typc 4 Dccisions arc quasi judicial dccisions madc by thc City Council following an opcn rccord haring. Typc 1 dccisions may bc appalcd only to Superior Court. TYPE 4 DECISIONS TYPE OF PERMIT NOTICING REQUIREMENTS normal Rc3idcntial Dcvclopmcnt (f RD), including Major Modifications (TMC 18.16) City Counci Critical Arta Mastcr Plan Ovcrlay (TMC 18.15.160) City Counci Unc1a33ificd U3C (TMC 18.66) City Counci Noticc of Application (TMC 18.104.080) Noticc of Hering (TMC 18.101.190) Postcd (TMC 18.101.110) &Alailed (TMC 18.104.120) dccisions may bc appalcd only to Superior Court or thc Growth Managcmcnt Harings Board. TYPE 5 DECISIONS TYPE OF PERMIT NOTICING REQ IIREMENTC Comprchcn3ivc Plan Amcndmcnt (TMC 18.80) Amcndmcnt3 to Dcvclopmcnt Rcgulation3 (TMC 18.82) Dcvclopmcnt Agrccmcnt (TMC 18.86) City Counci Noticc of Application (TMC 18.104.080 and TMC 18.80) & Noticc of Hering (TMC 18.104.190) Bit Cpccific Rczonc3, with Accompanying Comprchcn3ivc Plan Map Changc3 (TMC 18.81) City Counci Noticc of Application (TMC 18.101.080 and TMC 18.81) & Noticc of Hering (TMC 18.104.190) Postcd (TMC 18.104.110) { lailcd (TMC 18.101.120) Nrrand 7d5 2,2025; OrdN 755 § ,2025; OrdN 745 , 2024; OrdN 741 4 (part), 20241 Office of the City Clerk 1 City of Tukwila Page 342 of 356 Return to Title 18.104.020 A. Exccpt as providcd in TMC 21.04.280, no administrativc appals of proccdural and substantivc SEPA decisions shall bc permitted. In any casc in which an administrativc appal of a proccdural or substantivc SEPA dccision is madc, the wring on such appal shall bc consolidatcd with thc herring on thc merits of thc underlying permit(s). [Ord 2 7,41 §4 (part), 20241 18.104.030 A. Applicants shall have thc right to rcqucst that all permit applications related to a singlc projcct bc proccsscd as a consolidatcd permit application. B. All permits includcd in consolidatcd permit applications that would rcquirc morc than onc Typc of land usc dccision proccss, shall bc proccsscd togcthcr, including any administrativc appals, using thc highest numbcrcd land usc dccision Typc applicablc to thc projcct application; cxccpt that dccicions on Typc 1 applications shall still bc madc by thc rccponcible administrativc agency or officcr and shall not bc subject to administrativc rcvicw or appal. (Ord„ 2711 §4 (pant), 20211 18.104.040 A. Land usc permits that arc categorically cxcmpt from rcvicw undcr thc State Environmcntal Policy Act ("SEPA") will not rcquirc a threshold determination. For all othcr projccts, thc SEPA rcvicw proccdurcs codificd in TMC 21.04 arc supplemental to thc proccdurcs sct forth in TMC 18.104. (Ord„ 2711 §4 (pant), 20211 50 Prc Application Conference; A. A prc application confcrcncc shall bc rcquircd prior to filing a permit application whcn thc permit typc is idcntificd in a guidance documcnt maintained by thc dcpartmcnt. Whcn a prc application confcrcncc is not rcquircd, an applicant may voluntarily rcqucst onc. B. Thc purposc of thc prc application confcrcncc is to assist thc applicant in understanding thc applicablc rcgulations, rcquircd permits, submittal expectations, and any known sits constraints such as critical arcs. C. Thc dcpartmcnt shall schcdulc thc prc application confcrcncc in a timcly manner oncc a complctc rcqucst is cubmittcd on forms providcd by thc dcpartmcnt, along with any rcquircd fcc set forth in thc City's fcc resolution, which shall bc amended from timc to timc. Staff from othcr affected City departments or agencies may attend as dctcrmincd necessary by thc dcpartmcnt. D. For permits that rcquirc a prc application confcrcncc, thc City will not accept an application undcr this chapter unlcsrG thc applicant attended a prc application confcrcncc undcr this ccction within six (6) months immediately prior to thc datc of application submittal. E. Applicants shall bc charged a fcc for thc prc application confcrcncc. If a permit application is cubmittcd within six (6) months of thc prc application confcrcncc and thc projcct scopc remains consistcnt with what was prcscntcd, thc prc application fcc shall bc credited toward thc permit application fcc. F. Prc application confcrcnccs do not vcct thc applicant's rights to any rcgulations in cffcct on thc datc of the confcrcncc. 2759 §4, 2025', Oi's 2711 §4 (part), 2021) Office of the City Clerk 1 City of Tukwila Page 343 of 356 Return to Title A. Thc following standards for permit applications arc established: 1. Applications shall bc madc by thc property owncr, lessee, contract purchaser, governmental agency, or by an authorized agcnt thcrcof. Thc Dcpartmcnt shall not commcncc rcvicw of any application set forth in this chapter until thc applicant has submittcd thc matcrials and fccs spccificd for complctc applications. Applications shall bc considered complcto upon dctcrmination by thc Dcpartmcnt that thc matcrials submittcd mcct thc rcquircmcnts of this scction and thc listed application rcquircmcnts on application forms madc availablc by thc Dcpartmcnt. Exccpt as providcd in Subscction 2 of this section, all land usc permit applications shall includc thc following: a. An application form providcd by thc Dcpartmcnt and complctcd by thc applicant. Thc applicant shall be allowed to filc a consolidated application for all land usc projcct permits rcqucstcd by thc applicant for thc dcvclopmcnt proposal at thc timc thc application is filcd. b. Thc appropriate application and public noticc mailing fcc based on thc official fcc schedule. c. All itcms Iictcd on official application forms madc availablc by thc Dcpartmcnt for coach permit. 2. Thc Dircctor may waivc any of thc cpccific submittal rcquircmcnts Iictcd in this ccction that arc dctcrmincd to bc unnecessary for rcvicw of an application. 3. A permit application is complctc for purpoccs of this ccction whcn it mccts thc procedural cubmiscion rcquircmcnts of thc Dcpartmcnt and is sufficicnt for continucd proccssing cvcn though additional information may bc rcquircd or projcct modifications may bc subsequently undertaken. Thc dctcrmination of complctcncss shall not prccludc thc Dcpartmcnt from rcquccting additional information or ctudics cithcr at thc timc of noticc of complctcncsrc or cubccqucntly if new or additional information is rcquircd or substantial changes in thc proposed action occur, as dctcrmincd by thc Dcpartmcnt. �. Thc applicant shall attcct by writtcn oath to thc accuracy of all information submittcd for an application. The Dcpartmcnt shall havc thc authority to rcquirc thc applicant to submit a titic rcport or othcr proof of owncrship of thc property or othcr proof of thc applicant's authority to submit an application regarding thc property. (Ord.. 2741 4 (pant),2024) 18.104.070 A. Within 28 calendar days following rcccipt of a permit application, thc Dcpartmcnt shall ccnd writtcn noticc to the applicant that thc application is cithcr complctc or incomplctc. If thc application is incomplctc, thc noticc shall state with cpccificity what is ncccsrcary to makc thc application complctc. To thc extent known by thc Dcpartmcnt, thc noticc chalR idcntify othcr agencies of local, ctatc, regional or federal govcrnmcnts that may havc jurisdiction ovcr some acpcct of the dcvclopmcnt proposal. B. An application shall bc dccmcd complctc undcr this ccction if thc Dcpartmcnt docs not providc writtcn noticc to the applicant that thc application is incomplctc within thc 28 day period as providcd hcrcin. C. If thc application is incomplctc and thc applicant submits thc additional information rcqucstcd by thc Dcpartmcnt, thc Dcpartmcnt shall ccnd writtcn noticc to thc applicant, within 14 days following thc rcccipt of thc additional information, whcthcr thc application is complctc or what furthcr information, spccificd by thc Dcpartmcnt as providcd in TMC 18.104.070A, is ncccsrcary to makc thc application complctc. An application shall bc dccmcd complctc if thc Dcpartmcnt fails to provide writtcn noticc to thc applicant within such 14 day period that thc application is incomplctc. D. An application shall bc conclusively dccmcd to bc complctc on thc Department's issuance of a noticc of complcto application as providcd in Subscctions A or C hcrcof, or thc expiration of thc timc periods for isrcuancc of such a noticc as providcd in Subscctions B or C hcrcof. E. Thc Dcpartmcnt shall cancel an incomplctc application if thc applicant fails to submit thc additional information rcquircd by TMC 18.104.070A or 070C within 90 days following notification from thc Dcpartmcnt that thc application is incomplctc. Thc Dcpartmcnt may cxtcnd this cancellation date up to 120 additional days if thc applicant submits a writtcn Office of the City Clerk 1 City of Tukwila Page 344 of 356 Return to Title fcqucst for an cxtcnsion prior to cancellation. Thc rcqucst must cicrly demonstrate that thc dclay is duc to circumstanccs beyond thc applicant's control (such as thc need for sasonal wetland data) or unusual circumstanccs not typically faccd by othcr applicants, and that a good faith cffort has bccn madc to providc thc requested materials. F. Thc fact that an application is dccmcd complctc pursuant to this scction shall not, undcr any circumstanccs, prevent thc City from subscqucntly rcqucsting additional information or studics regarding any aspect of a proposcd projcct which is dccmcd necessary to a complctc rcvicw of thc proposcd projcct. NOrd.. 7 .,t §4 (r 0),2024) 1-8404480 A. A Noticc of Application shall bc issued by thc Dcpartmcnt for permits as sct forth in TALC 18.104 within 14 days following thc Department's dctcrmination that thc application is complctc. B. If thc Responsible Official has madc a Dctcrmination of Significancc (DS) undcr RCW 43.21 prior to thc issuance of thc Noticc of Application, noticc of thc dctcrmination shall bc combined with thc Noticc of Application. If a dctcrmination of significance (DS) has bccn madc prior to thc issuance of thc Noticc of Application, thc Noticc of Application shall also include thc scoping noticc rcquircd by WAC 197 11 360. C. All rcquircd Noticcs of Application shall contain thc following information: 1. Thc filc numbcr. 2. Thc name of thc applicant and thc owncr of thc property, if diffcrcnt than thc applicant. 3. A dcscription of thc projcct, thc location, a list of thc permits includcd in thc application and thc location where thc application and any environmental documcnts or studies can bc reviewed. 1. A statcmcnt establishing a public commcnt period, which shall bc 14 days following thc datc of thc Noticc of Application. Public commcnt periods arc cxtcndcd for Shorclinc Substantial Dcvclopmcnt Pcrmits and for Shoreline Conditional Usc Pcrmits, as spccificd in RCW 90.58. 5. Thc proccdurcs and dadlinc for filing commcnts, rcqucsting noticc of any rcquircd hcrings, and any appc [ rights. Any person may commcnt in writing on thc application during thc public commcnt period, and may participate by submitting cithcr writtcn or oral tcstimony, or both, at any hcrings, and may rcqucst a copy of thc dccision oncc madc. Thc Noticc shall specify any appal proccdurcs that apply to thc permit application. 6. Thc datc, timc place and typc of haring, if applicablc and scheduled at thc timc of noticc. 7. Thc identification of all othcr related permits not includcd, to thc extent known by thc Dcpartmcnt. 8. A statcmcnt of thc preliminary dctcrmination, if one has bccn madc, of those development regulations that wilR bc used for projcct mitigation and for dctcrmining consistcncy with applicablc City rcquircmcnts. D. Additional information is rcquircd by RCW 90.58 for Noticcs of Application for projccts which rcquirc a Shoreline Substantial Dcvclopmcnt permit. E. Exccpt for a Dctcrmination of Significancc, thc Dcpartmcnt shall not issuc a threshold dctcrmination pursuant to RCW 43.21 C, and thc Dcpartmcnt shall not issuc a dccision or a recommendation on thc application until thc expiration of thc public commcnt period on thc Noticc of Application. NOrd.. 7 .,t §4 (r 0), 20241 Office of the City Clerk 1 City of Tukwila Page 345 of 356 Return to Title 48484.090 Noticc of Application Proccdurc A. Noticc of Application shall bc providcd as follows: 1. For all permits that rcquirc mailcd noticc, as spccificd in thc permit typc tablcs found at TMC 18.104.010, thc Noticc of Application shall bc processed pursuant to TMC 18.104.120. 2. For applications which rcquirc any Shoreline permit, additional noticc shall bc providcd as rcquircd by RCW 00.58. 3. For preliminary subdivisions, additional publishcd noticc shall bc providcd as rcquircd by RCW 58.17.090(a). 1. Thc Dircctor shall have thc discretion in unusual circumstances (i.c., lengthy utility corridor or right of way construction projccts) whcrc posting and mailcd noticc would bc impractical, to rcquirc thc Noticc of Application to bc publishcd in a ncwcpaper of general circulation in thc ara whcrc thc proposal is locatcd, in lieu of posting and mailcd noticc N',Ord. 2711 §4 (pant),2021) 18.104.100 Party of Rccord A. Any percon who (1) submits commcnts, in writing, on an application during thc public commcnt period, (2) rcquccts, in writing, copics of noticc of any public haring on an application (3) rcquccts, in writing, copics of any dccicion on the application, (4) testifies on an application at a public haring, or (5) who othcrwisc indicates, in writing, a dcsirc to bc informed of thc status of thc application, shall bc a party of rccord. Thc applicant shall always bc concidcrcd a party of rccord. NOrd 2741 4 (pant), 20241 18.104.110 Postcd Noticc A. Postcd noticc shall bc providcd for any permit as spccificd in thc permit typc tablcs at TMC 18.104.010, and as fcquircd by any scction in any othcr Titic. Postcd noticc for a proposal shall consist of onc or morc noticc boards prepared and poatcd by thc applicant as follows: 1. A cinglc noticc board shall bc poatcd for a projcct. This noticc board shall also bc uccd for thc posting of the Noticc of Dccision and any Noticc of Haring, and shall bc placcd by thc applicant as follows unlcss othcrwisc approved by thc Dcpartmcnt: a. Thc noticc board shall bc locatcd at thc midpoint of thc sitc strcct frontage or as othcrwisc dircctcd by the Dcpartmcnt for maximum visibility. b. Thc noticc board shall bc fivc fcct incidc thc strcct property line cxccpt whcn thc board is structurally attached to an cxisting building, providcd that no noticc board shall bc placcd morc than fivc fcct from thc strcct property without approval of thc Dcpartmcnt. c. For Typc 2 applications, noticc boards shall bc, at a minimum, 2 fcct tall and 18 inches widc. Thcy shall be installed in accordance with specifications promulgatcd by thc Dcpartmcnt. d. For Typc 3 and 4 applications, and cite cpccific rczoncs with a corrccponding comprchcncivc plan map change, noticc boards shall bc at Iast four fcct by four fcct in sizc and shall bc designed, constructcd and installed in accordance with cpccifications promulgatcd by thc Dcpartmcnt. c. Thc top of thc noticc board shall bc between ccvcn to ninc fcct above grade f. Thc noticc board shall bc placcd so that it is complctcly visiblc to pedestrians. 2. Additional noticc boards may bc rcquircd by thc Dcpartmcnt whcn: a. Thc sitc docs not abut a public road; b. A large sitc abuts morc than onc public road; or c. Thc Dcpartmcnt dctcrmincs that additional noticc boards arc ncccsrcary to providc adequate public noticc. Office of the City Clerk 1 City of Tukwila Page 346 of 356 Return to Title 3. Noticc boards shall bc maintained in good condition by thc applicant for thc duration of permit rcvicw. Ncithcr a noticc board nor its contcnt may bc removed prior to thc cnd of an appal period after issuance. 1. Thc Dcpartmcnt shall have thc discretion to dctcrminc that removal of thc noticc board prior to thc cnd of the noticc period, or failurc to maintain it in good condition, is causc for discontinuance of rcvicw of thc application until thc noticc board is replaced and remains in place for a spccificd timc period. 5. An affidavit of posting shall bc submittcd to thc Dcpartmcnt by thc applicant within 14 days following the Dcpartmcnt's dctcrmination of complctcncss to allow continucd proccssing of thc application by thc Dcpartmcnt. VOrd 214.1 4 (pant), 2024 18.104.120 Mailed N„ticc A. Mailcd noticc shall bc provided for any permit as spccificd in thc permit typc tables at TMC 18.104.010, and as rcquircd by any ccction in any othcr Titic. Mailcd noticc shall bc iscucd by thc Dcpartmcnt within 14 days following the Dcpartmcnt's dctcrmination of complctcncss as follows: 1. To owncrs of rccord of property within 500 feet of thc cite, and to thc occupants thcrcof to thc extent thc ctrcct addrcsscs of such propertics arc diffcrcnt than thc mailing addrcsscs of thc owncrs. 2. To any agcncy or tribc which thc Dcpartmcnt may idcntify as having an intcrcst in thc proposal. 3. To any othcr party of rccord. B. Mailcd noticc shall bc considered supplementary to postcd noticc and bc deemed satisfactory dcspitc thc failurc of one or morc percons to rcccivc mailed noticc. (Ord. 2711 §4 (part), 20211 18.104.130 Timc Pcriods for Pcrmit Issuance A. Rcvicw Pcriods: Final dccicions by thc City on Typc 1, 2, 3, and 4 permits shall bc iscucd as follows: 1. For any permit that docs not rcquirc mailing or posting noticc (pursuant to TMC 18.104.010): a. Within 65 calcndar days from thc datc thc Dcpartmcnt issucs thc Dctcrmination of Complctcncss. 2. For any permit that rcquircs mailing or posting noticc (pursuant to TMC 18.104.010): a. Within 100 calcndar days from thc datc thc Dcpartmcnt issucs thc Dctcrmination of Complctcncss. 3. For any permit that rcquircs mailing or posting noticc and a public hearing (pursuant to TMC 18.104.010): a. Within 170 calcndar days from thc datc thc Dcpartmcnt isrcucs thc Dctcrmination of Complctcncsrc. B. Thc numbcr of days an application is in rcvicw shall bc calculated from thc day complctcncss is dctcrmincd, pursuant to RCW 36.70B.070, to thc datc a final dccicion is iscucd. Thc numbcr of days includcs cvcry calcndar day, but cxcludcs thc following timc periods: 1. Any period from thc day that thc applicant has bccn rcqucstcd in writing by any City department, agcncy, or hewing body with jurisdiction ovcr some acpcct of thc application to corrcct plans, perform rcquircd ctudics, or provide 36.70B.070(4), w in 14 days of thc submittal, thc Director shall dctcrminc thc adequacy of thc submittcd information for continucd rcvicw. 2. Thc period of timc during which an environmental impact statement is bcing prepared following a dctcrmination of cignificancc pursuant to RCW 43.21 C. Office of the City Clerk 1 City of Tukwila Page 347 of 356 Return to Title 3. Thc period of timc during which an appal affecting thc proposal was had and dccidcd upon. 1. Any additional period of timc for administrative rcvicw agreed upon by thc Dcpartmcnt and thc applicant. C. If a final dccision cannot bc issued within thc timc limits established by this scction, thc Dcpartmcnt shall provide writtcn noticc of this fact to thc projcct applicant. Thc noticc shall includc a statement of rasons why thc timc limits have not bccn mct and an estimated datc for issuancc of thc noticc of final dccision. Nard. 2741 §4 (r rt), 202,41 18.104.140 Pcrmit Canccllation3 fcqucst, if the applicant for a land use permit fails to providc a rcqucstcd corrcction or additional information, or fails to receive approval for an cxtcnsion rcqucst, thc Dcpartmcnt shall canccl thc application. A canccllcd application cannot bc rcncwcd and is not cntiticd to a rcfund. To obtain a ncw permit, a ncw permit application shall bc submittcd along with thc rcquircd submittal documcnts and a ncw fcc shall bc paid in accordancc with thc permit fcc schcdulc adoptcd by rcsolution of thc City Council, as amcndcd. 1. Extension: Thc Dcpartmcnt may cxtcnd this canccllation datc up to 90 additional days if thc applicant submits a writtcn rcqucst for an cxtcnsion prior to canccllation. Thc rcqucst must cic rly demonstrate that thc dclay is duc to circumctanccs bcyond thc applicant's control (such as thc need for seasonal wetland data) or unusual circumctanccs not typically faccd by othcr applicants, and that a good faith cffort has bccn made to providc thc rcqucstcd matcrials. of thc rcqucst, if thc applicant for a dcvclopmcnt permit fails to providc a rcqucstcd corrcction or additional information, the Dcpartmcnt shall canccl thc application. A canccllcd application cannot bc rcncwcd and is not cntiticd to a rcfund. To obtain a ncw permit, a ncw permit application shall bc submittcd along with thc rcquircd submittal documcnts and a ncw fcc shall bc paid in accordancc with thc permit fcc schcdulc adoptcd by rcsolution of thc City Council, as amcndcd. 1. Each timc thc Dcpartmcnt rcccivcs rcsponsivc and adequate matcrials within thc 180 day timc limit, thc application will bc extended for an additional 180 days bcforc canccllation. (Ord.. 2741 §4 (pant), 2024 18.104.150 Rcvisions to Development Pcrmit Applications Aftcr I^ruancc A. Major Rcvisions: Major rcvicions arc dcfincd hcrc as: 1. Any rcvision that would result in a substantial change in an application's rcvicw rcquircmcnts, as dctcrmincd by thc Director. 2. Any rcvision that amends thc ccopc of an application such that thc projcct fails to mcct thc application fcquircmcnts found at TMC 18.104.060. B. Minor Rcvisions: Minor rcvicions arc any rcvicions that do not mcct thc criteria in this scction to bc concidcrcd major revisions. C. Revision Proccss: Minor rcvisions to a dcvclopmcnt permit application may bc submittcd at any timc bctwccn the datc thc permit is iscucd and thc datc that a final inspection is approved by thc Dcpartmcnt. Major rcvicions shall bc submittcd as ncw permit applications, subjcct to all rcquircmcnts of TMC 18.104. No rcvisions shall bc processed prior to issuancc of a permit application. Thc Dcpartmcnt shall rcquirc thc payment of additional fccs to rcvicw rcvicions, as adoptcd by resolution of thc City Council in thc latest Pcrmit Fcc Schedule. Ors 2741 §4 (part), 2024 Office of the City Clerk 1 City of Tukwila Page 348 of 356 Return to Title Dcvclopmcnt permits issucd undcr thc Washington Statc adoptcd codcs and thc TMC shall bccomc invalid unlcss thc work on thc sitc authorizcd by such permit is commcnccd within 180 days aftcr its issuancc, or if thc work authorizcd on thc sitc by such permit is suspcndcd or abandoncd for a period of 180 days aftcr thc timc thc work is commcnccd. inspcction Extcnsions: Thc cxpiration datc shall bc cxtcndcd 180 days from thc datc that a valid inspcction is rcqucstcd by thc applicant. 2 €xtcnsion Rcqucsts: It shall bc thc responsibility of thc applicant to rcqucst a permit cxtcnsion. Thc cxtcnsion shall bc rcqucstcd in writing and justifiablc causc shall bc dcmonstratcd. Thc Building Official is authorizcd to grant a maximum of two cxtcnsions for periods not morc than 180 days each. 18.104.170 (Ord. 2711 §4 (part), 20211 A. Expircd dcvclopmcnt permits that havc complctcd thc inspcction proccss and nccd only final inspcction approval may bc reactivatcd. 1. Reactivation Procc;c: Reactivation shall rcquirc a writtcn rcqucst from thc applicant that dcmonctratcs thc critcria for rc€activation arc mct. Fccs for thc rcvicw of rcctivatcd dcvclopmcnt permits shall bc at thc hourly rcvicw ratc, in accordancc with thc permit fcc cchcdulc adoptcd by rccolution of thc City Council. 2. Rcncwal Pcriod: Thc Building Official may grant one 30 day cxtcnsion to an cxpircd dcvclopmcnt permit for the purposc of performing a final inspcction and closing out thc dcvclopmcnt permit, providcd not morc than 90 days havc passcd cincc thc permit cxpircd. Providcd no changcs havc bccn madc or will bc madc in thc plans or ccopc of work, thc 30 day cxtcnsion commcnccs on thc datc of writtcn approval. If work rcquircd undcr a final inspcction is not complctcd within the 30 day cxtcnsion period, thc dcvclopmcnt permit shall cxpirc. N,Ord. 2741 §4 (pant), 20241 18.104.180 Vesting A. Typc 1, 2, 3, and 4 applications shall bc concidcrcd undcr thc zoning and othcr land ucc control ordinanccs in cffcct on thc datc a complctc application is filcd mccting all of thc rcquircmcnts of TMC 18.104.070. Thc Dcpartmcnt's issuancc of a noticc of complctc application as providcd in TMC 18.104.070A or 070C, or thc failurc of thc Dcpartmcnt to providc such a noticc as providcd in TMC 18.104.070B or 070C, shall caucc an application to bc dccmcd complctc for purpoccs of thc vcstcd rights doctrinc. B. Supplcmcntal information rcquircd aftcr filing of a complctc application shall not affcct thc validity of thc vccting for such application. C. Vcsting of an application docs not vcst any subscqucntly rcquircd permits, nor docs it affcct thc rcquircmcnts for vccting of cubccqucnt permits or approvals. D. A dctcrmination that an application is complctc shall not bc dccmcd to affcct thc rcquircmcnt of thc vcstcd rights doctrinc that an application is not vcstcd if it fails to comply with thc zoning and othcr land use control ordinanccs in cffcct at thc timc a complctc application is filcd. NOrd. 2741 §4 (pant), 20241 Office of the City Clerk 1 City of Tukwila Page 349 of 356 Return to Title 18.104.190 Hearing Schcduling Noticc of Haring A. At Iast 14 days prior to any public herrings on Typc 3, 4 and 5 dccisions, thc Dcpartmcnt shall issuc a Noticc of Haring on thc City's wcbsitc and in thc ncwspaper of rccord. Noticc rcquircmcnts for sccurc community transition facilitica shall bc in accordancc with RCW 71.09.315 as amcndcd. In addition, at Iast 14 days bcforc such hcring, thc Dircctor shall post thc Noticc of Hcring on any postcd noticc board(s) crcctcd pursuant to TMC 18.104.110 and shall scnd thc Noticc of Hcring pursuant to TMC 18.104.120. Such Noticc of Hcring shall includc thc following information: 1. Thc filc numbcr. 2. Thc namc of thc applicant. 3. A dcscription of thc projcct, thc location, a list of thc permits includcd in thc application, and thc location whcrc thc application, thc staff rcport, and any cnvironmcntal documcnts or ctudics can bc rcvicwcd. 1. Thc datc, timc, placc and typc of hcring. 5. Thc phonc numbcr of thc Dcpartmcnt and thc namc of thc staff percon who can providc additional information on thc application and thc haring. B. Thc Dircctor shall havc thc discrction to includc additional information in thc Noticc of Hcring if thc Dircctor dctcrmincs that such information would incrcacc public awarcncsc or undcrctanding of thc propoccd projcct. Nord 214.1 §4 (pant), 2024 18.104.200 Noticc of Dccision A. Thc Dcpartmcnt shall providc writtcn noticc in a timcly manncr of thc final dccicion on all permits. Such noticc shall idcntify thc threshold dctcrmination, if any, and thc proccdurcs for administrativc appals, if any. Noticc shall bc dclivcrcd to thc applicant, to agcncics with jurisdiction, and to all partics of rccord. B. Noticcs of Dccision for Shorclinc Substantial Dcvclopmcnt and Shorclinc Conditional Ucc permits shall also comply with thc rcquircmcnts of RCW 90.58. (Ord. 2711 §4 (part), 2021( 18.104.210 Rcfcrral to Othcr City Dcpartmcnt3 A. Thc Dcpartmcnt shall rcfcr permit applications and portions of permit applications to othcr City dcpartmcnts and administrators with authority and/or cxperticc to rcvicw such applications. Thc Dcpartmcnt shall incorporatc thc dccisions and considcr thc rccommcndations of such othcr City dcpartmcnts and administrators in permits, approvals and rccommcndations iscucd pursuant to this Titic. NOrd. 2741 §4 (pant), 2024 18.104.220 Datc of Scnding A. All noticcs iscucd pursuant to this chaptcr shall bc dccmcd to havc bccn iscucd on thc datc on which thcy arc ccnt by thc Dcpartmcnt. (Ord. 2711 §4 (part), 2021) Office of the City Clerk 1 City of Tukwila Page 350 of 356 Return to Title CHAPTER 18.108 DECISION PROCESSES Ccctions: 18.108.010 Typc 1 Dccicion Proccsrc 18.108.020 Typc 2 Dccision Proccss 18.108.030 Typc 3 Dccision Proccss 18.108.044 18.108.050 Typc 5 Dccision Proccss 18.108.010 Typc 1 Dccision Proccsa A. Typc 1 dccicions shall bc madc by thc City dcpartmcnt or officcr cpccificd by ordinancc. 8. Thc Dcpartmcnt is not rcquircd to cntcr findings of fact or conclusions whcn issuing Typc 1 dccisions. N, rd 2741 §4 (par , 2024) 18.108.020 Typc 2 Dccision Proccs3 A. All Typc 2 dccisions shall bc madc by thc Dircctor, or in appropriatc cascs, thc Short Subdivision Committcc, pursuant to thc proccdurcs cct forth in TMC 18.104. B. Thc Dcpartmcnt is not rcquircd to cntcr findings of fact or conclusions whcn issuing Typc 2 dccicions, providcd that findings of fact and conclusions arc rcquircd for Shorclinc permits. tOrd. 2741 §4 (pant), 2024 18.108.030 A. Typc 3 dccisions shall bc madc by thc Haring Examincr following an opcn rccord public hcring. Such public hewing shall bc conductcd in accordancc with thc proccdurcs for opcn rccord public hoarings cpccificd in TMC 18.112. 8. Following a public hcring on a Typc 3 dccision, thc hcring body shall rcndcr a writtcn dccision, including findings of fact and conclusions that cct forth and dcmonctratc thc manncr in which thc dccision is concictcnt with, carrics out, and hclps implcmcnt applicablc statc laws and rcgulations and thc goals of thc City of Tukwila Comprchcnsivc Plan, thc City of Tukwila's Dcvclopmcnt Rcgulations, and othcr official laws, policics, and objcctivcs of thc City of Tukwila. C. Following thc rcndcring of thc writtcn dccision by thc Haring Examincr, thc Dcpartmcnt shall promptly issuc a Noticc of Dccision pursuant to TMC 18.104.170. tOrd. 2741 §4 (pant), 2024 13.103.040 Typc 4 Dccision Proccs3 A. Thc City Council shall makc Typc 4 Dccisions following an opcn rccord public hcring. cion, including findings of fact and conclusions that cct forth and dcmonctratc thc manncr in which thc dccision is concictcnt with, carrics out, and hclps implcmcnt applicablc statc laws and rcgulations and thc goals of thc City of Tukwila Comprchcnsivc Plan, thc City of Tukwila's Dcvclopmcnt Rcgulations, and othcr official laws, policics, and objcctivcs of thc City of Tukwila. C. Following thc rcndcring of thc writtcn dccision by thc City Council, thc Dcpartmcnt shall promptly issuc a Noticc of Dccicion pursuant to TMC 18.104.170. Nard. 2741 §4 (pant), 2024) Office of the City Clerk 1 City of Tukwila Page 351 of 356 Return to Title 18.108.050 A. Typc 5 dccisions shall be madc by thc City Council following an opcn rccord public hcring. B. Following a public hcring on a Typc 5 dccision, thc City Council shall rcndcr a writtcn dccision, including findings of fact and conclusions that sct forth and dcmonstratc thc manncr in which thc dccision is consistcnt with, carrics out, and hclps implcmcnt applicablc statc laws and rcgulations and thc goals of thc City of Tukwila Comprchcnsivc Plan, thc City of Tukwila's Dcvclopmcnt Rcgulations, and othcr official laws, policics, and objcctivcs of thc City of Tukwila. C. Following thc rcndcring of thc writtcn dccision by thc City Council, thc Dcpartmcnt shall promptly issuc a Noticc of Dccision pursuant to TALC 18.104.170. Nard. 2741 4 (pant), 20241 Office of the City Clerk 1 City of Tukwila Page 352 of 356 Return to Title CHAPTER 18.112 PUBLIC PROCESSES Ccctions: 18.112.010 Rulcs Applicable to Public Herrings and Apperls 18.112.020 Rcport by Dcpartmcnt, Noticc of Haring 18.112.030 Hcring Schcduling 18.112.040 Hcring Proccss Limitations on Tcstimony 18.112.050 Scopc of Decisions 18.112.060 Combincd Public Hcring Proccsscs Othcr Agencies 18.112.010 A. Thc provisions of this chaptcr shall apply to all public hearings and to all appal hearings undcr this Titic. Thc provisions of this chaptcr do not apply to thc adoption or amendment of thc Comprehensive Plan or Development Rcgulations, or othcr legislative dccisions. N,Ord. 2741 §4 (part), 20241 18.112.020 Rcport by Dcpartmcnt, Noticc of Hearing A. Whcn a Typc 3, 4, or 5 dccision has bccn sct for public hcring, or an appal of a Typc 2 dccision has bccn sct for an opcn rccord appal haring, thc Dcpartmcnt shall coordinate and assemble thc reviews of othcr departments and governmental agencies having an intcrcst in thc application and shall prepare a rcport summarizing thc factors involvcd and thc Department's findings and recommendation, or dccision, as appropriate. Attachments and appendixes to thc rcport need not bc mailcd to partics, but shall bc made available for inspection and copying during normal City business hours at the Dcpartmcnt. Prior to thc schcdulcd haring, thc rcport, and in thc case of appals, thc Noticc of Appal submittcd to thc City, shall bc filed with thc hearing body which will conduct thc hearing and copics thcrcof shall bc mailcd to all partics of rccord who have rcqucstcd a copy thcrcof. 8. If thc Noticc of Application did not idcntify a datc for thc public hcring, a Noticc of Hcring shall bc issued by the Dcpartmcnt at least 14 days prior to any public hearing or opcn rccord appal hearing undcr this chaptcr. Such Noticc shalt bc mailcd pursuant to TMC 18.104.120 and thc posted noticc crcctcd pursuant to TMC 18.104.110 shall bc modified to includc thc Noticc of Haring. C. All rcquircd Noticcs of Hcring shall contain thc following information: 1. Thc filc numbcr. 2. Thc namc of thc applicant and thc owncr of thc property, if diffcrcnt than thc applicant. 3. A dcscription of thc project, thc location, a list of thc permits includcd in thc application and thc location whcrc thc application, staff rcport and any cnvirolcntal documcnts or studies can bc reviewed. �. Thc datc, timc and place of thc public haring. 5. Thc namc and tcicphonc numbcr of thc Dcpartmcnt staff person who can bc called for furthcr information. Nord 214.1 §4 (part), 2024 18.112.030 A. Public herrings on Typc 3, 4 and 5 dccisions shall bc schcdulcd by thc Dcpartmcnt to cnsurc that final dccisions arc iscucd within thc timc periods providcd in TMC 18.104.130. NOrd. 2741 §4 (part), 20241 Office of the City Clerk 1 City of Tukwila Page 353 of 356 Return to Title 18.112.040 Hearing Proccss Limitations on Tcstimony A. To avoid unncccssary dclay and to promotc cfficicncy of thc hcring proccss, thc hcring body shall limit tcstimony to that which is rcicvant to thc mattcr bcing hard, in light of adoptcd City policics and rcgulations, and shall cxcludc cvidcncc and cross cxamination that is irrcicvant, cumulativc or unduly rcpctitious. The hcring body may cstablish wsonablc timc limits for thc prcscntation of dircct oral tcstimony, rcbuttal tcstimony and argumcnt. N,Ord. 2741 §4 (pant), 20241 18.112.050 Scopc of Dccision3 A. Any hcring body conducting a public hcring shall havc thc authority to approvc, dcny or approvc with condition) a projcct permit application, bascd on thc hearing body's findings of fact and conclusions. B. Said findings and conclusions shall sct forth and dcmonstratc thc manncr in which thc action is consistcnt with, carrics out and hclps implcmcnt applicablc ctatc laws and rcgulations and thc rcgulations, policics, objcctivcs and goals of thc City's Comprchcnsivc Plan, thc City's Dcvclopmcnt Rcgulations and othcr applicablc official laws, ordinanccs, rulcs and rcgulations. Any hearing body may adopt as its own, findings and conclusions rccommcndcd by thc Dcpartmcnt. C. In thc cvcnt that a hearing body dctcrmincs that it lacks adcquatc information on which to makc findings of fact ncccssary to its dccision, thc hcring body may rcmand thc projcct permit to thc Dcpartmcnt for additional information. NOrd 2/11 §4 (pant), 20211 18.112.060 Combincd Public Hearing Proccsscs Othcr Agcncic3 A. If rcqucstcd to do so by thc applicant, thc Dcpartmcnt, pursuant to RCW 36.70B.110(7), shall combinc any public hearing hcld pursuant to this chaptcr with public hearings hcld by othcr agcncics on thc samc projcct, so long as such joint hearing can be hcld within thc timc limits of TALC 18.104.130, unlcss thc applicant agrccs to a diffcrcnt hcring schcdulc. [ rd. 2711 §4 (part), 20211 Office of the City Clerk 1 City of Tukwila Page 354 of 356 Return to Title CHAPTER 18.116 APPEAL PROCESSES Ccctions: 18.116.010 Proccsscs for Pcrmit Appals 18.116.020 Timc for Filing Appal 18.116.030 Dismissal of Appals 18.116.040 Noticc of Appal Contents 18.116.050 Timcly Proccssing 18.116.010 Proccsscs for Pcrmit Appc�al3 A. Typc 1 and 2 permit dccicions shall bc final and conclucivc unless a timcly and complctc appal is filcd. 1. Typc 2 shorclinc dccisions shall bc appalcd to thc Statc Shorclinc Herrings Board, pursuant to RCW 90.58. 2. All othcr Typc 1 and 2 dccisions shall bc appalcd to thc Haring Examincr. 3. Thc dccicions of thc Haring Examincr shall bc final and shall bc appalablc only to Superior Court pursuant to RCW 36.70C. B. Typc 3 permit dccicions shall bc final and conclucivc unless a timcly and complctc appal is filcd. 1. Shorclinc Conditional Ucc permits shall bc appalablc only to thc Statc Shorclincs Hoarings Board pursuant to RCW 90.58. 2. All othcr Typc 3 dccicions shall bc appalablc only to Superior Court pursuant to RCW 36.70C. C. Typc 4 and 5 permit dccisions shall bc final and conclusive unlcss a timcly and complctc appal is filcd. 1. Typc 4 dccisions shall only bc appalcd to thc Superior Court pursuant to RCW 36.70C. 2. Typc 5 dccicions shall bc appalcd to cithcr thc Superior Court or thc Growth Managcmcnt Hearings Board. VOrd 214.1 4 (pant), 2624°1 18.116.020 A. Exccpt for shorclinc permits that arc appealable to thc Statc Shorclincs Hoarings Board, all noticc of appal of Typo 1 and 2 land use dccisions shall bc filcd within 14 calcndar days from thc date of issuance of thc permit; providcd that the appal period shall bc extended for an additional seven calcndar days if thc projcct involvcs any one or morc of thc following situations: 1. There is another agency with jurisdiction as dcfincd in WAC 197 11 714(3). 2. Thc projcct involvcs thc demolition of any structure or facility that is not catcgorically cxcmpt undcr WAC 197 11 800(2)(f) or 197 11 880. 3. Thc projcct involvcs a clearing or grading permit not catcgorically cxcmpt undcr WAC 197 11 800 through 197 11 880. 1. A Mitigatcd Dctcrmination of Non Significance was issucd for thc projcct pursuant to WAC 197 11 350. 5. A Dcclaration of Significancc for thc projcct has bccn withdrawn pursuant to WAC 197 11 360(4) and replaced by a Dcclaration of Non Significance. Office of the City Clerk 1 City of Tukwila Page 355 of 356 Return to Title B. Any appal from a codc intcrprctation issucd by thc Dircctor shall bc filcd within 14 days of thc datc of issuancc of a final codc intcrprctation by thc Dircctor. C. All noticcs of appal of Typc 1 and 2 dccisions issucd by City administrators shall bc filcd within 14 days of thc datc of thc issuancc of a final dccision of a City administrator. D. Exccpt as spccifically providcd in this chaptcr, no administrativc appals arc permittcd or rcquircd for Typc 1, 2, 3, 1, or 5 land use dccisions. N',Ord. 2741 §4 (pant), 20241 18.116.030 Dismissal of Appccal3 A. On its own motion, or on thc motion of a party, thc Dcpartmcnt or any herring body shall dismiss an appal for {intimclincsc or lack of jurisdiction. (Ord. 2711 §4 (pant),2021) 13.116.048 A. Evcry Noticc of Appal shall contain thc following information: 1. Thc namc of thc appaling party. 2. Thc address and phonc numbcr of thc appaling party; and if thc appaling party is a corporation, association or othcr group, thc addresrc and phonc numbcr of a contact percon authorizcd to rcccivc noticcs on thc appaling party's bchalf. 3. A statcmcnt idcntifying thc dccision bcing appalcd and thc allcgcd crrors in that dccision. Thc Noticc of Appal shall ctatc cpccific crrors of fact or crrors in application of thc law in thc dccicion bcing appalcd; thc harm cuffcrcd or anticipatcd by thc appcllant, and thc rclicf sought. Thc scopc of an appal shall bc limitcd to mattcrs or issucs raiscd in thc Noticc of Appal. 4. An appal fcc pursuant to thc fcc schcdulc. B. Thc Noticc of Appal shall bc distributcd by thc Dcpartmcnt to thc body dcsignatcd to hcr thc appal and to partics of rccord pursuant to TMC 18.112.020A. N,Ord. 2741 §4 (pant), 20241 18.116.050 Timcly Procc^ring A. Appals shall bc proccsccd by thc cxamincr as cxpcditioucly as posrciblc, giving appropriatc concidcration to thc proccdural duc proccss rights of thc partics. Unlcss a longcr period is agrccd to by thc partics, or thc cxamincr dctcrmincs that thc sizc and scopc of thc projcct is so compclling that a longcr period is rcquircd, a prchoaring confcrcncc or a public hewing shall occur within 45 days from thc datc thc officc of thc hearing cxamincr is notificd that a complctc statcmcnt of appal has bccn filcd. In such cascs whcrc thc cxamincr has dctcrmincd that thc sizc and scopc warrant such an cxtcnsion, thc moon for thc dcfcrral shall bc ctatcd in thc cxamincr's rccommcndation or dccicion. Thc timc period may bc cxtcndcd by thc cxamincr at thc cxamincr's discrction for not morc than 30 days. (Ord. 2711 §4 (pant),2021) Office of the City Clerk 1 City of Tukwila Page 356 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer AGRICULTURE Farming and farm -related activities X X X P X X X Aquaculture X X X X X X X COMMERCIAL (1) General X X X P X P (2) P (3) Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) X X X C X C (2) X Contractors storage yards X X X C X C (2) X Water -oriented uses C P C P C P C Water -dependent uses P (4) P (5) P (4) P P (4) P P Storage P (6) P (5) P (6) P P (6) P X CIVIC/INSTITUTIONAL General X P X P X P X DREDGING Dredging for remediation of contaminated substances C (7) NA C (7) NA C (7) NA C (7) Dredging for maintenance of established navigational channel NA NA NA NA NA NA P (8) Other dredging for navigation NA NA NA NA NA NA C (9) Dredge material disposal X X X X X X X Dredging for fill NA NA NA NA NA NA X ESSENTIAL PUBLIC FACILITY (WATER DEPENDENT) P P P P P P P ESSENTIAL PUBLIC FACILITY (NONWATER DEPENDENT) (10) C C C C C C C FENCES P (11) P C (11) P C (11) P X FILL General C (12) P C (12) P C (12) P C (12) Fill for remediation, flood hazard reduction or ecological restoration P (13) P P (13) P P (13) P P (13) FLOOD HAZARD MANAGEMENT Flood hazard reduction (14) P P P P P P P Shoreline stabilization (15) P P P P P P P INDUSTRIAL (16) General X X P (3) P P (3) P (2) P (3) Animal rendering X X X C X X X Cement manufacturing X X X C X C (2) X Hazardous substance processing and handling & hazardous waste treatment and storage facilities (on or off -site) (17) X X X X X X X Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials X X X C X C (2) X Salvage and wrecking operations X X X C X C (2) X Tow -truck operations, subject to all additional State and local regulations X X X C X P (2) X Truck terminals X X X P X P (2) X Water -oriented uses X X C P C P C Water -dependent uses (17) X X P (4) P P (4) P P Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer MINING General X X X X X X X OVERWATER STRUCTURES (18) Piers, docks, and other overwater structures P (19) NA P (20) NA P (20) NA P (20,21) Vehicle bridges (public) P (31,4) P (31) P (31,4) P (31) P (31,4) P (31) P (31) Vehicle bridge (private) C C C C C C C Public pedestrian bridges P P P P P P P PARKING — ACCESSORY Parking areas limited to the minimum necessary to support permitted or conditional uses X P (5) X P X P X RECREATION Recreation facilities (commercial — indoor) X X X P X P (22) X Recreation facilities (commercial —outdoor) X X C (23,24) C (24) C (23,24) C (24) X Recreation facilities, including boat launching (public) P (23) P P (23,24,25) C P (23,25) P P (3) Public and private promenades, footpaths, or trails P P P (26) P P (26) P X RESIDENTIAL — SINGLE FAMILY/MULTI-FAMILY Dwelling X (27) P X P X X X Houseboats X X X X X X X Live-aboards X X X X X X P (21,28) Patios and decks P (29) P P (29) P P P X Signs (30) P P P P P P X Shoreline Restoration P P P P P P P TRANSPORTATION General C C C C C C C (3) Park & ride lots X X X C (9) X C (9) X Levee maintenance roads P (32) P (32) P (32) P (32) P (32) P (32) NA Railroad X P X X X X X UTILITIES General (10) P (4) P P (4) P P (4) P C Provision, distribution, collection, transmission, or disposal of refuse X X X X X X X Hydroelectric and private utility power generating plants X X X X X X X Wireless towers X X X X X X X Support facilities, such as outfalls P (33) P P (33) P P (33) P C (33) Regional detention facilities X X P (34) P (34) P (34) P (34) X USES NOT SPECIFIED C C C C C C C * This matrix is a summary. Individual notes modify standards in this matrix. Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits. (1) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing. (2) Nonwater-oriented uses may be allowed as a permitted use where the City determines that water -dependent or water -enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body. (3) Permitted only if water dependent. (4) Structures greater than 35 feet tall require a conditional use permit. (5) Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation Protection and Landscaping section. (6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water -dependent use. (7) Conditionally allowed when in compliance with all federal and state regulations. Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X= Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer (8) Maintenance dredging of established navigation channe s and basins is restricted to maintaining previous y dredged and/or existing authorized location, depth and width. (9) Conditionally allowed when significant ecological impacts are minimized and mitigation is provided. (10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction. (11) The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there is a demonstrated need to ensure public safety and security of property. The fence shall not extend waterward beyond the top of the bank. Chain -link fences must be vinyl coated. (12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally allowed. (13) Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments is permitted. (14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter. (15) Permitted when consistent with TMC 18.44.050.F. (16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and/or storing of finished or semi -finished goods with supportive office and commercial uses. Examples include manufacturing processing and/or assembling such items as electrical or mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment; and Internet data centers. (17) Subject to compliance with state siting criteria RCW 70.105 (See also Environmental Regulations, Section 9, SMP). (18) Permitted when associated with water -dependent uses, public access, recreation, flood control or channel management. (19) Permitted when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not available or feasible: (a) Commercial or marina moorage; (b) Floating moorage buoys; (c) Joint use moorage pier/dock. Return to Title 1111,1111,111111111111111111111111111111111111111111111: ! Ordinary.— ' High Water IMark Watercou „„„111111 1111111111111111111111111111111111111'' 00111111111111111111111111111111111111111111 11t14,1:111;'111111111111111111Y,y11111111111111111 ,1111111t 11111111111111111111111111111111111111111111 "1""":"Ill,11111,11,1,1,1,1,1,1,111":"N" Type 1- subj Type 2-100 foot wide buffer Type 3-80 foot wide buffer Type 4-50 foot wide buffer .11111111111111111111111111111111111111111111.111i1,1.1.110ir -Type 4 Water e s 1111111111111111111111111111111111111 'II 57th Ave South 111111111111111111111111111111111111111111111111111110 11111111 11111111111111111 111111111111111111111111,11111111111' ARM 1.0.0 rIIrf al 1111111 111111111111 111111111111 II 1111111 111111111111111111111111 1111111100000000111 111111111111111111111111111111111111111111111 1111111111111111111111111111 1111111111111111111 11111111111111 00000000000000000000000000:000000000 10000000000000000000000001 etland buffers ooill11111111°1 150' —10' setbac Single Fa Re 000011111111111111111111100 1000000000000000000000000000000000000000000000000000000 1111 11111111:11.1111111.i....., 11111111111111111111111111111111111111111111111111111111111" 1111111111111111111111111111111111111111111111111 111111111111111111111 18° 70' mum 111111111111 0000 e,u 1 III1111111100000000000000000000 11111 1g111111111111111111111po Ct to shoreline overlay Category I and II- 1.00 foot de bu Category 111-80 foot wide buffer Category IV-5() foot wide buffer caVe Figure 18-2 Sample Residential Sensitive Area Site Plan Submittal Return to Title Special Height Exception Area: Up to Ten (10) Stories Allowed Special Height Exception Area: Up to Six (6) Stories Allowed Special Height Exception Area: Up to Four (4) Stories Allowed Special Height Limitation Area: Limited to No More than Six (6) Stories Westfield Shoppingtown Southcenter Mall W REVISED April 2012 OD north Figure 18-3 Building Height Exception Areas Return to Title Location and Measurement of Yards on Lots 1- r ��ri�17/ r�- r — — 7. — — -� Yards Rear Side Front Second Front Lot Lines Figure 18-4 Location and Measurement Yards on Lots Return to Title 2 Units Max 111111111111111111111111111111111 111111111111111111111111111100000000000000000000000000001 111111111111111111111111111111111111111111111111111111100 p II Vertical Modulati 111111111111111111111111111111111111111111111 11111111111111111111111111111 1111111111111111111111111 111111111111111111 10101010101010100000 1111101 0000000000000000000000000000 orizental Modulation 1010101010101010101.110.0 11111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111 00,0000000000000000000000 Figure 18-5 Multi -Family Design Guideline P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) Table 18-6: Land Uses Allowed by District Any reference to Table 18-2 is understood to refer to Table 18-6. See Figure 18-1 for the Shoreline Use Matrix. ,,,,,,,,,,,,,,,,,,,, GQlitC11G�1 taL Us " # , fi ' MIJO t Re ' 1 - EkF?:,,. RCM Cl L� F 1 Mfg MfGrl , , ; NS , , �. T PFl£3, 'rue, 'rue- TUB.. TUB TUB Adult Day Cares A A A A A A A P Adult Entertainment subject to location restrictions' PP P P PP P Amusement Parks CCCC C P Animal Shelters & Kennels subject to additional State & local regulations. no permit required for fewer than 4 cats/dogs. CCCC C C C Animal Veterinaries including associated temporary indoor boarding. access to an arterial required, P P P P P P P P P PP P PP Bed & Breakfast Lodging no size limit specified C P P P P Bed & Breakfast Lodging not more than twelve guests5 C C P P P Day Care Centers P P P P P PP P P P P PP P PP P PP Drive -In Theatres CCCC C Drive-Throughs A A A A A A A A A A42 A A Eating & Drinking Establishments P P P P PP P P P P PP P PP P P P43 Electric Vehicle Charging Stations Level 1 & Level 2 A A A A AA A A A A A A A P P A A A A A Electric Vehicle Charging Stations Level 3& battery exchange stations & rapid charging stations see TMC 18.50.140 A A A A A A A P P P P P P P P A P42 A A A Extended -Stay Hotels P PPP P P P P P Page 1 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) ooaaaiiaaaaa orr oaaaaaaaaa GQlitC11G�1 tat USES r""' ,, WX' MIJfl R N tl,, FM / L� W M1` E71G/ TV' T TUC, ft. TUC- Yoti' TUB.. P TUC, CO,yip, TUGr- Farming & Farm -Related Activities P P Greenhouses or Nurseries commercial P P PPP P P Home Occupations see TMC 18.50.240 A A A A A A A A A A A A A A Hotels P34 PP P P cc P P P P P Laundries commercial PPPPP P Laundries self -serve, dry cleaning, tailor, dyeing P P P P PP P P P PP P P P P P PP Marijuana Producers or Processors State issued license required P P P19 Marijuana Retailers State issued license required P P P P19 P P Morticians & Funeral Homes PPPP P C Motels P P P PCCP P P P P Nightclubs PPPP P P P P41 P P Offices including professional, outpatient medical/dental, government services, research, banking, real estate, or other similar uses P22 P P22 P P P PP P P9 C10 P24 C25 P P P P P PP Parking commercial & principal or primary use P7 P7 P36 P7 P7 P P P P45 P45 P45 P45 P45 Pawnbrokers / Payday Lenders C P P P P P Recreation Facilities commercial & indoor maximum usable floor area of 10,000 square feet P P P PP P P P C3 PPP P P P PP Recreation Facilities commercial & indoor no usable floor area maximum CCP P P P P P P P P Recreation Facilities commercial & outdoor C C C C P Retail General Retail & Services P P4 P P PP P P P C3 C3 PP P P P PP Page 2 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) orr oaaaaaaaaa ,,,,, GQlitC11G�1 tat ISMS r""' �,,, WAX' MIJfl R tl,, FM �� L� W I M1` ; E71G/ I TV`' ,,... T P T6JG� T RC TUB = T Yotr TUB.. T P T6JGr T tile, TUGr- yip, Theaters not including "Adult Entertainment Establishments" PP P P P P P P31 P P P Vehicle Fueling Stations and typical appurtenances, including car washes PPP p p P P P42 P P Vehicle Maintenance Facilities not including vehicle fueling or major repair PPPP p p p P P41 P Vehicle Rental Facilities non-CDL vehicles P36 PP P P P PP P P P42 P Vehicle Rental Facilities CDL vehicles PP P P PP P Vehicle Sales Lots2 PPPP P P P P42 P P Vehicle Storage (no customers onsite) does not include park -and -fly operations P Continued next page Page 3 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) t'�� C (,�o €;, fIR MUfJ; 6,,,,,, - .,,l�. RCM L( FlI M1" h11/ TU 7C3 PRt3„ Gr TUB >, Or Titre TU� Convalescent & Nursing Homes &Assisted Living Facilities P P P P P P P P P Daycare Family Home (Family Child Care Home)12 and/or Adult Family Homes within parcels containing two or fewer dwelling units A A A A A A A A A A A A A A Diversion Facilities & Diversion Interim Services Facilities south of Strander Blvd only U Domestic Shelters PP PP Dormitories accessory to permitted use CC A A A A A A A A A A A A A Dwellings Co -living Housing 52 P P P PPP P P P P P P46 Dwellings Cottage Housing P P P P P Dwellings Courtyard Apartments P P P P P Dwellings Detached Single Family p p P47 P47 P47 P47 P Dwellings Detached Zero -Lot Line Units P P P P Dwellings Duplex, Triplex or Fourplex, Fiveplex or Townhouse4° P P P P P Dwellings Multi -Family (mixed -use) p PPPP C15 P P P P P46 Dwellings Multi -Family (single -use) P P P P P P P P46 Dwellings Senior Citizen Housing/Assisted Living Facility P 60/a c P 60/a c P P P 60/a c C15 P P P P P46 Dwellings Stacked Flat P P P P P Dwellings Townhouses P P P P P P P P P P46 Dwellings Accessory 16 A A A A A A A Emergency Housing & Emergency Shelters 37 PPPPPPPPP P P P Garages or Carports (private) not exceeding 1,500 square feet A Page 4 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) Lafld S ( , to 6,,,,,, - .,, RCM l �. L(,,, FlI M1" [*711 TU 7 C3 PRO Gr TUB >, Or Gr TU � Greenhouses & Storage Sheds (noncommercial) not exceeding 1,000 square feet A A A Manufactured & Mobile Home Parks 17 P Permanent Supportive Housing38 PP PPP P P P P P P PP P P P P P P46 Residences for Security or Maintenance Personnel A A A A A A A A A A A A A Secure Community Transition Facilities 28 U Tiny Home Villages 39 PP PP PPPPPPP P P Transitional Housing 38 P PPP PPPP PP PPPPP P P P P46 Continued next page Page 5 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) ti4 i Use J) ie I #f1 i uia�lles ,,,,,,,, ,,,,,,,{,,,,, dR MU 4 ,,,, C � I C > , RCM Cr/L i Lt,,,,, Wf"i M1Gr/ MIGr/ „ , , Ti/ , , Tom„ P 4 TUC TUC > TUC T TUC Animal Rendering U P Cargo Containers see TMC 18.50.060 A&S A&S A&S A&S A&S PPP P P A Cement Manufacturing UUUU U U Contractor Storage Yards PPPP P P Etching, Film Processing, Lithography, Printing & Publishing PPPPP P PP P Hazardous Waste Treatment & Storage Facilities (off -site) (subject to compliance with state siting criteria. See RCW Chapter 70.105 &TMC 21.08) C C Heavy Equipment Repair & Salvage PPPP P P Industrial Uses, Heavy not otherwise listed see TMC 18.06.452. CCPC P C Industrial Uses, Light not otherwise listed see TMC 18.06.451 PPPPP P PP P43 Internet Data/Telecommunication Centers PPPP P PP Manufacturing and/or Assembly that Includes: rock crushing / asphalt or concrete batching or mixing / stone cutting/ brick manufacturing/ marble works CCPC P CC Manufacturing, Refining or Storing: highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage U U U U Medical & Dental Laboratories P P A P P PP P P P P P P Minor Expansion of an Existing Warehouse 2° S Removal & Processing of: sand, gravel, rock, peat, black soil & other natural deposits together with associated structures UUUUUU Research & Development Facilities P P Sales & Rental Facilities of Heavy Machinery &Equipment 5° PPPP P PP Page 6 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) ti4 i Use J) ie I #f1 i uia�lles ,,,,,,,, ,,,,,{,,,,, dR M(U 4 ,,,, C � I C >, RC fi Cr/L i t t,,,,, WI"i MI / MIGr/ „ , , Ti/ , , Tom„ TUC TUC > TUC TLIC TUC Salvage &Wrecking Operations P49 P49 P P49 P C P49 Self -Storage Facilities PPPPP PPP P Storage (outdoor) of: materials allowed to be manufactured or handled within facilities conforming to uses under this chapter 50 PPPP P PPP A Storage (outdoor) of: any materials not otherwise listed. 51 P P PCC Tow -Truck Operations subject to all additional State & local regulations PPP P PPP Truck Terminals PPP P PP Warehouse Storage and/or Wholesale Distribution Facilities PPPPPP PP P Continued next page Page 7 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) „s ,, ,, fr is it f ter„Cxf if un caffc ,;�i lii sil uc r8 es; Pall L Wl l Fi TUfir „ T 3: PRO TUGr;, Fly;; TU'C TOO TU'C p TUGr TUC: W + Airports, Landing Fields & Heliports except emergency sites UUUU U U U Hydroelectric & Private Utility Power Generating Plants UUUUUU U U Park &Ride Lots operated by a public agency C C A A CCCCC C CC U U U U Parking Areas for any use not otherwise listed A A A A A A A A A A A A A A A A A A A A Parking Areas for Municipal Uses & Police Stations CCCCCCCCCCCC C C P Radio, Television, Microwave, or Observation Stations & Towers CCCCCCCCCCCC C CC CCCCC Railroad Freight or Classification Yards U U U U Railroad Tracks including lead, spur, loading or storage P PPP P P Telephone Exchanges & Internet Data Centers P P PP PPP P PP P Transfer Stations refuse & garbage, operated by a public agency U U U U Transit Facilities bus and/or rail CCCCCPPPPPPP P PP P PP PP Utility Facilities above ground CCCCCCCCCCCC C C P CCCCP Utility Facilities under ground PP PPP PP PP PPP P PP P PP PP Vertical Take -Off & Landing Pads as accessory uses C48 C Wireless Telecommunications Facilities see TMC 18.58 PPPPPPPPPPPP P P PP P PP PP Continued next page Page 8 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) , tlE1 +C 1Jses ,,, ,,, , / 1f /; U r„ Y*ra„ Pf f3,,. Tl i TPATCUC TUC Cemeteries & Crematories CCCC CCCC C C Colleges & Universities C C C C C C C C C6 C6 C6 P P P P Convention & Exhibition Facilities including Multipurpose Arenas P P PP P P P P P42 P Correctional Institutes U11 U U U Cultural Facilities including Libraries, Museums, Art Galleries, Performing Arts Centers CPP PCP P P P P P p P p P P P P Fire & Police Stations CCCCCCCCCCCC CC P C CCPP Golf Courses publicly owned& operated P Hospitals C C CCCCC C P Parks, Trails, Community Centers, Sports Courts not including Amusement Parks, Golf Courses, or Commercial Recreation P44 P44 P44 P44 P44 P44 p44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 Religious Institutions less than 750 sf of assembly area CCP P P P P P PP P P P P P PPP Religious Institutions greater than 750 sf of assembly area CCCCCCCCCCC C C C CCCC Sanitariums or similar institutes C Schoolpublic orsprivate, elementary through high school C C C C C C C C C10 C C P44 P P P Page 9 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) Lad ' of t� rU' TU':> TuC>, `r TuC Essential Public Facilities not otherwise listed U U U U U U U U U U U U U U U U U U U U Landfilling & Excavating which has received a Determination of Significance pursuant to the State Environmental Policy Act U U U U U U U U U U U U U U Stables private A29 A29 P Note: For uses not specifically listed in Table 18-6, the Director of Community Development will determine whether the use may be permitted in a zoning district. The Director shall consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b. Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any CR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in this section shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g. drive-ins, service stations). 5. Bed and breakfast facilities, provided: a. the manager/owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, Page 10 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City of Tukwila. 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 15. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non -industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 16. See TMC Section 18.50.220 for accessory dwelling unit standards. 17. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 19. Where the underlying zoning is HI orTVS. 20. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; and b. The proposed expansion will not increase any building dimension that is legally non -conforming; and c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; and d. The proposed expansion must be constructed within two years of the date of approval; and e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; and f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 22. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 24. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 25. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. Page 11 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 28. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 29. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 31. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more than three screens will require a Special Permission Permit. Approval of the Special Permission permit will require the applicant to demonstrate through an economic analysis that the theater: a. will not have a significant financial impact on any other theater in Tukwila; and b. will be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; and c. will be substantially in conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. has taken all measures to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 34. Permitted if the following are provided: a full -service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms. 36. South of SR 518 only. No surface parking. 37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. 39. Tiny Home Villages are permitted, subject to the criteria and conditions at TMC Sections 18.50.240 and 18.50.270. Page 12 P = Permitted (See TMC 18.06.880) A = Permitted as an accessory use (See TMC 18.06.870) C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S = Requires Special Permission Permit (Administrative approval by the Director) 40. Subject to meeting underlying density allowances for unit type. 41. New businesses are limited to locations within the Freeway Frontage Corridor. See additional design standards in the Southcenter Design Manual. 42. East of the Green River only. 43. 3,500 sf max per use. 44. Public only. 45. Day use only. 46. Only on properties fronting the Green River or Minkler Pond. 47. One detached single family dwelling per existing lot permitted in MUO, 0, RCC, TVS. 48. South of SR 518 only. 49. Operations must be entirely enclosed within a building. 50. Screening in accordance with TMC 18.52 required. 51. Permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet. Security required. 52. Permitted only on parcels for which the underlying zoning district permits 6 or greater dwelling units. Page 13 Figure 18-7: Minimum Automobile and Bicycle Parking Requirements All Uses IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIIIIII II IIIIII IIIIIIIIIIIII Within Half a Mile from a Major Transit Stop' Greater than Half a Mile from a Major Transit Stop' Residential Uses which: • Meet the definition of affordable (RCW 36.70A.030); or • Limit occupancy to senior citizens or those with disabilities; or • Meet the definition of Accessory Dwelling Units; or • Are permitted as emergency or permanent supportive housing; or • Meet the definition of Co -Living Housing; or • Contain less than 1,200 sf of interior livable floor area. Residential Uses which: • Do not meet one of the criteria above; and • Meet the definition of middle housing or multi -family housing. Residential Uses which: • Do not meet one of the criteria above; and • Meet the definition of single-family housing. Commercial and Industrial Uses which: • Serve alcohol for on -site consumption; or • Contain less than 3,000 sf of usable floor area (UFA); or • Are childcare uses, such as commercial daycares. All Other Commercial and Industrial Uses which: • Do not require conditional or unclassified use permits All Uses which: • Do not require conditional or unclassified use permits; and • Will be sited within existing buildings that are proposed for new occupancy or change of use; or • Are permitted as accessory uses; or • Are Transportation, Communication, and Infrastructure Uses; or • Are Civic and Institutional Uses. All Other Uses which: • Require conditional or unclassified use permits See TMC 18.56 for Off -Street Parking and Loading Regulations. Nothing in this table exempts new construction from compliance with the permanently marked for the exclusive use of individuals with disabilities, with Disabilities Act. 'See TMC 18.06.556, "Major Transit Stop". None None 1 vehicle parking space dwelling unit 2 vehicle parking spaces dwelling unit None 1 vehicle parking space 1000 sf of UFA None The provision of parking may be required as a condition of approval to mitigate potential transportation impacts. requirements for parking spaces in compliance with the Americans Residential Uses: Civic and Institutional Commercial Colleges, Universities, or Schools Cultural Facilities and Religious Institutions Fire & Police Stations Hospitals with on -site customers no on -site customers Industrial Uses with: habitual transportation demands Transportation Facilities which: are not anaccessory use All Other Uses: 20 spaces / facility 1 space / classroom 2 spaces / facility 1space/ 1O.00Osfof UFA 1space/ 1O.00Osfof UFA 1 space /2O.00Oefof UFA 10 spaces / facility The provision ofbicycle parking may berequired aea condition ofapproval tomitigate potential transportation See TIVIC 18.56.130 for bicycle parking standards. 'A ny 2The Director shall have the discretion to reduce the amount of required secure bicycle parking if it can be demonstrated that the occupancy of the use will be limited to a group that is less likely to travel by bicycle. The age of occupants does not, on its ovvn, serve to demonstrate this. o The Director, in consultation with the Director ofPublic Works, shall have the discretion to require more bicycle parking spaces based on the following factors: Area topography; pattern and volume of expected bicycle users; nearby residential and employment density; proximity to a trails system and other existing and planned bicycle facilities; projected traneitriderehipandexpeotedaooeeeto transit by bicycle; and other relevant transportation and land use information. Return to Title 12"x18" Sign with International smbol of access 3'-0" to 5'-0" above grade * International symbol of access painted on paving Firm stable (paved) surface sloping not more than 1:48 * Walkway stripes painted on surface to discourage parking violation Parking For The Handicapped TMC 18.56.080 — "Van Accessible" Sign below international symbol Paved walkway to building entrance 20 Feet Minimum 16 feet min van space I I I I 13 feet min Figure 18-8 Parking for The Handicapped Return to Title 3 135 !!!!!!'llil1011;1111' 128" 235' r ,b rn; en; 400' IIIIIIIIIWirL ' ooiouuhuuiuiuuiuuu;uuu 3 "1111111111111111111111111111111:::ly:: 148 ST 8 150 3T 3 158 13150 ST Zoning Designations LDR-1.ow Density Residential DR-IVIedium Density Residential HDR-High Density Residential 0-Office U0- ixed Use Office Annul NCO -Neighborhood Co Center RC -Regional Commerc 1111,41.4.1.pusur 1111 Tukwlla City „Agunueleur C/LI-Commercial/Li riri Commercial II opment Areas „„,xuumnuxr Dimension proximate LS 131_3_3!_j,_ • d!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ,„,"0"':";;;;;;;;;;;;;;;;;;;;!:0:0:0:0,0000000000000;;;;," „„,!!!!!!!!,11!"IIII ;11111;;;;;;;;;;;;;"!!;'!!!!!!!!)il)?;'!"" 0000' 312" * *if used for commercial (purposes must be assembled 3T with lot to north 11,1,1,11111111,111,111,iii01111111111110111111111111111111 1g 37 1:::::11111111111111111:::::: 1111111111111111111111!.!4!., 0„...usuuull',.111111111.„, 11 96° vs! 208* 1r^ Cft 8 co 187' At least 100of the development parcels perimeter must front on Tukwila International Blvd 11111111111111111111111111111111111111111 No Scale 10195 Corn ercial Redevelopment Areas in the Tukwila International Boulevard Corridor Figure 18-9 Return to Title S ct°tllc • • • U-llniincorporat a a:N hiing G„.a:ru.unty 34AII"IIen 1000,04 00040 ottostillAi 000.00 YO$010$10041$0,0401 _..M. t‘•i,1:e\l/$11°\:;iik\llitift1111"11:41i141 Ili Zoning Districts and Overlays CR-Community Residential HDR - High Density Residential 1 _....� MUO - Mixed Use Office Ell O - Office RCC - Residential Commercial Center �/ /NCC - Neighborhood Commercial Center 111 RC - Regional Commercial District RCM - Regional Commercial Mixed -Use [';C/LI - Commercial/Light Industrial LI - Light Industrial r1 HI; Heavy Industrial �.._..., 7 MIC/L- Manufacturing Industrial Center (Light) MIC/H - Manufacturing Industrial Center (Heavy) TVSj- Tukwila Valley South �..............j TUC-P - Pond [IV ITUC-RC - Regional Center TUC -CC - Commercial Corridor TUC-WP - Workplace TUC-TOD -Transit Oriented Development Tukwila South Overlay Urban Renewal Overlay 17 Manufacturing Ind. Center Overlay Public Recreation Overlay ("/ I_ _I Potential Annexation Area j City of Tukwila Zoning Map Figure 18-10 Se attlle rrt o Southcenter Blvd ADM 0 Created 4/9/2025 I U- llniiu- cyrporat a a:N hiing G„.a:ru.unty IIIIIIIIIIIIIIIIIIIIIII 0.5 1 Mi Return to Title 1111111111111111111111111 111.111111111,1:111111111'.-",',.„ 111111111111111111111111111111111111111111111111111111111111111111111111 Figure 18-11 Eligible Parcels for Location of Community sition Facility nun 111111111111111111 Return to Title • 1111111111111 Legend MIC Boundary MIC/H Parcels Ineligible for new stand alone office uses GIS TuI M 14111111111111 1111111111111 111111111111111111 414111414144 34 1410 III 111111111111111111111111 11111111111111111111111111 Ali 1111111111111111111111 Figure 18 12 M1C/H Parcels Ineligible and -Alone ice Uses • • • .♦ • Return to Title Housing Types 1111111111111 1111111111111111111111111111111111111111111 Unit Size Limits A covenant restricting any unit size after initial construc be recorded against the prope Equivalent Units There is no minimum lot size, but there is a maximum project density. The number of allowable dwelling units shall be totalled for each of the e.xistin.g lots in order to determine equivalent units. Existing single-family homes may remain on the subject property and will be counted as units in the equivalent unit calculation. Figure 18-13 HOUSING OPTIONS PROGRAM STANDARDS _ Floor Area Access Requirements Development Size Parking Requirements Building Coverage Ownership Structure Distance Between Str Common. Open Spac projects of 20 or mo Exceptions to Floo _ me ges and ations • Cottages. • Compact single-family. • Duplexes designed to look like a single-family home or with zero lot lines for fee simple ownership; and included with at least o r er housing type in a proposed development (the other housing type ditional single- family). • A combination of the above types. Cottages = 800 square feet minimum and area. • Compact single-family = 1,500 squar • Duplexes = 1,500 square foot max Side yard setbacks are waived so otS. • D num 4,875 Roundin the conve. fraction of rI 11111111111,1,1,11111111111111111111111111111111111111111 • All LD opts • V • .ages = two per each sin a rnaximum of one single family built on the ls.r overall d e ne flexibility fo ents with input um of 8 units, max. are foot maximum floor m floor area. ea per unit. homes may be sold on fee simple unit that could be built on an existing 3,250 net square feet. one-half per each single-family unit that mum of 4,875 net square feet. of to exceed one and one-half times the at could be built on the lot, or a maximum of .ole number of equivalent units is allowed when ica single-family units to equivalent units results in a hove. cts, but not within 1,500 feet of another housing Jr approved under TMC Chapter 18.120. of yI•ImIIM6Mnllllllllht�-iths, public versus private, and turnaround IIIIIIN°III j`Ilw1lic Works and Fire Departments. tages may have a maximu 1.5 stalls per unit for units 800 2 stalls per unit for units over 1,00 prints is required. Subdivision • Condominium lO feet minimum • Provide required area according to Recreation :w °° °° •quirements (TMC 18.52.060)(1). • Spaces with a ceiling height of 6 feet or .less meal i I'' d he exterior walls, such as in a second floor area under the slope of the o • Unheated storage space located under the main floor of a cottage. • Architectural projections, such as bay windows, fireplaces or utility closets not greater than 18 inches in depth and 6 feet in width. • Detached garages and carports. • Attached roofed porches. units. iits per cluster. "°Illlrstt quare feet in size. eet in size. 111111111111111111111111111 Accessory Dwelling Units e Shall not be allowed as part of this Housing Options Program. Return to Title Duwamish . Cascade Vie S 160 St S 164 St ♦r Nip 0 N Figure 18-14 Tukwila Neighborhoods oster Point • 1 1 1 1 1 1 1 1 1 Return to Title amri 4 = Q =SU 1111111111111111111111111111111 1111111111111111 1111111111111111111111111 5�uu 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111,1,11, 1111111111111111111111111111 ,111111111111,11111111111111111,,,,,,,, Commercial Redevelopment Areas Urban Renewal Overlay District 111111111111111111 m00000 ovolooloolooll 101,11,1111100. III Tukwila International Blvd Urban Renewal Overlay District Figure 18-15 Return to Title Figure 18-16: District Map Districts, J Cc,rx'o xt r'?',, Ctor•riidclr roushono Pon.µ, Regii 10100 lflrenslit� 1V „ ell opren; - W71rIkpNace ®��• Souklhlcernler PII.II \AidGa Tr? ua oora, ark o Dr k :r f' ara iii�!III uuuuuuluuul Dui iimmumlllil�l 1111111111111111111111111111111 Return to Title Figure 18-17: Block face length 111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111111111 (1< FACIE Iw" ;' GTHdl IIIIII11I11II11II11111111I11I1111111111111111111111111111111111111111I11I11I11I11I11I11I11I11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11I11I11I11I11I11I11I11I1111111111111111111111111111111111111I11I11I11I11I11I11I11I11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111I11III11I11I 111111111111111111111111111111111111111111111111111111111 1,1111111111111111111111111111111111111111111111111111111 Figure 18-18:: Corridor Definition of Terms BACK OF SIDEWALK pp` ( T A CUKIA f UIRd is FRONTAGE a.MT R DE F. T' 11111111 1111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 THOROUGHFARE CLIFW 11 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111 ,0011111100000000000000000000000 1111111111111111111111111111111111111111111 I 'ACK 11111111111111111111111111111111111111 PhVF U nA��'I';V �h �i�lydp�uVAT FFON A4 4 %4 6 /`y�i i7 ' ,.,27 %7 111111111111111111111111111111111111111111111111111111 1,111111111111,111111 IEAMaLIR. Return to Title Figure 18-19: Corridor Type Map Corridor .."."."111.11.11 Comm:rcir Clornro Freeway Frontage Coredor F1rrPrare CCornnrercural Corrrclror Neockhboahoc' pppyppp�'orrrr ua FasPurre Po1estrr,ri Tukwila Ponc P.11uba r Crorr"r:loa Ferree Urban Corru Walkable Corridor ...Hee FiUCurrr WWdllrtaL.ln Corrordo .rP ,.uuuuuuuuuuuuuuu1r Workplace Copuddor ...am Fatale Workplace C'orrr'lor 111111111111111 arrirrlor= Y1111111111111 178 W�f fl C� iFilvd UpldrrdDr 11 IVIjallaro o'.V Dr muuuuuuu 1Pnldrrj 'QM ePark D Dr Dvrsuae DVarc, Baker Dtivrq .� Aomminngpmvippop iw mmum 01,n11 imimu m uu uuuuu m uu Ce7',I�o 11111E m 1mmm 11111111111111 mvmwirrarp44,,nI#tuna mum uuuuuur ar Return to Title Figure 18-20: Walkable Corridor Standards WaIka'bIle;oC rYridor Intent: To pro (m{ nidl li sari d ritim9lnt: estrianl along active reirmil, mrtling,„ In'Gil' }r' erfi liilirr� nt;lis Note: This is a summary o iliuutpuuuiuummi „ ��,. THOROUG IF/IIS k A 18.28.140) Existing street New street No change Public fronta standards. See 11111,111,11111111111111111111111101111111111111. 01111111 dim for shopping ,and railing .220 to .20 for supplemental details. PUBLIC FRONTAGE STANIbiARDS ((sm. 1 Total required width tb Sidewalk wid minimum Landscaping Tree spacing Lighting 11111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111 Street trees, located at back o curb face. Also see 18.28.240 General Landscaping.. 20-30 ft, depending on species.. Pedestrian and vehicular -scale decorative street lighting. BUILDING MIIENTATIIONIT' LACEMENl`r LANDSCAPING' (See 18.28,160 .1 O)111� Building orientation to street Frontage building coverage minimum Front yard setback maximum On -site surface parking Vocations Front yard landscaping (waive Public Frontage improvemen built to standard) mm ei. non or rear of uilding 5.ft min of streetscape ARCHITEC Wei• il((il(;ji:IuVII lcIIC1A•1'Ir lg'ii; 18.28.200) Facade articulation incre "' en Commercial / mixed -use (maximum Residential rnaximum Major vertical modulation maximum Ground level transparency 30 ft 120 ft ®tl Commercial -use minimum 111111111111111111111111111111111111111111111 I Inse Beet.. nit kW) ew 1111111111111111111111111111111111111111111111111111111 hlii 1iilil% • 'FAY sidewalk Public, frontage APPLIED TO: Existing Streets: Baker Blvd, 61st Place New Streets: ' indicated on Corridor apMEMEMMEEM 11111111111111111111111111111111111111111111111111111111 mVllllllllllllllllllllllllllllllllllllllll MIIIl Frontage buildin tits ne¢r O'rv¢yra Transparency 75% min a) n_ r minimum 1111111,1111111111111111111111 "1010011111111111100000000000 r'Vk0'PI1 75% Facade articulation and ground level transparency Return to Title Figure 18-21: Pedestrian Walkway Corridor Standards Pedest rlan W„alkway,,, �rr�llll/////l� Intent: To sup III I I JIeht thestreetnetwork with: non. atdriiod pathways, st,pj l,r and Ifoste i rllll/lm� an alternative node, of travel to motorized vehicles within the area, and dprovide ra safe,,, pleasant, and direct route for pedestrians between i'siig)f'fikficant activity areas, Note: This is a summary of k id Standards. See 1t .2 ID II II 110 1111 111111111 THOROUGHFARE CI L „fib `III ONIIf((ff($ e 18.28.140) Existing street New pedestrian walkway THOROUG w111111111111111111111 See ne ion 111111111111111111111111111111111111111111111111111111111 II'A fA I, AR'DS (. d H ' Total required width Landscaping 20-30 ft APPLIED TO: Existing Streets: n/a New Streets: As indicated on Corridor Type Maps 20 to .2 0 for supplemental details. - '"IIIIIIII IIIIII�IIIIII""IIIIII - Street walk trees, along way. Also ofsee General ILandscaping. Tree spacing 20-30 ft, depending on specie 111111111 Lighting Pedestrian -scale decorative stree lighting. BUILDING 11IENTA IO /Pth 1ENT & ai LAN DSCA II (�, (See .�,�,� 81 �(��rr-rlr .1901 Building orientation walkway Front yard setback minimum On -site surface parking locations Front yard landscaping (waived if Public Frontage improvements are built to standard) ARCHITEC 18.28.200) „rrrrrr Facade articulation in Commercial/mixed-use Residential maximum Major vertical modulation maximum rmum uoa d� 11111111111111111111111111111111111111111111,1,111 ri„ Imi1r rear d, except L�lil'e buildings adjacent to alkways 30 ft 30 ,1t._. 120 ft Ground level transparency Commercial -use minimum 75% a 1111111111111111111111111111111111111111111111111111111 au� BACK.. OF 01111111111 F, 0 E:S'T"IR. I A N WALKWAY uor s ghfcxre cross-sectio 11111111111111111111111111111111111111111111111111111 11111111111111111111 lgilf uiu�i ria�iau '1111111."' Facade articulation and ground level transparency .u� Return to Title Figure 18-22: Tukwila Pond Esplanade Standards Tukwil Pond Esplanade �/ r � rrl////iir Intent: To prove public esplariade along the t,l t hem ledge qf' Tukwila Pond Pori that 1 a focal point an 1;4ntra, gathering spot suitable for strolling llproviding „pu, place for public activity to aUg nt the ushopping, chi1111gjmr and %l�ar"^����11131ffth�'fvicinity, Note: This is a summary of k APPLIED TO: Existing Streets: n/a New Streets: Tukwila Pond Esplanade' - North Edge r standards. See .18.28..120 to .2.10 for supplemental details. THOROUG ARE CROSSF IN (see ///18 28.140) Existing streets n/a New esplanade See new coro 111111111111111111111111111111111111111111111111111111111 THROUGHF . R ST NIDIAR' S::, 0 ,,1a. a ti Total required width minimum Landscaping Lighting 25 ft "tea 1111111111111111111111111111111111111111111111111111111 1.111111.1.1111111111111111111111111111111111111111111111111.1.1.1.1.1.1.1. Street trees in grates, ex where bullldiilrngs are adjac , esplanade. Also see rc 1$ 28.250 Open Space Regulat � w Pedestrian -scale decorative stir lighting. BUILDING ORIENTATE INIPLACENIIENT & uuw /im LANDSCAPI cm (See 18. ' .160 -; 190),,;' Building orientation to esplanade Frontage building coverage minimum Front yard setback maximum On -site surface parking locations Required ARCHITECT iu I~„1(b $IG S?A f1 F III l S,;, Facade articulation incremen Commercial/mixed-use max Residential maximum Major vertical modulat.i maximum 111111111C (.:.:.:.:: uu 30 ft 30 ft 120ft 1111111111111111111111111111 Aui 111111111111111111111111111111111111111111111 1111111111111111110 1111111111111111111111111111111 rear of Ground level transparency Commercial -use (minimum 75% r 5/°00 min POND III Fro OIFiTY SIDE wm oughfore cross-section '!a71TF„i ding coverage Facade articulation and groun r% level transparency 'These standards are not applicable until the City invests in d construction of the esplanade (in part or in its entirety). In addition, for those properties bordering the esplanade that are already developed with structures and improvements oriented away from the pond and esplanade, the Corridor Standards will be applied only when a complete redevelopment of the property is proposed. n& Return to Title Figure 18-23: Neighborhood Corridor Standards Neighborhood Corridor Intent: To provt III pil' �9111 iie/id s'trian 7�iY nfr en t f � ' u' 1 111Hnlusdmr orh0 d" jihi aruiilllll%/%l, northern South m d�h'�fit'y t�a%�dm i;n�J(�%��D , „ "complete stre t ettin wild girl,�tre ' r ef pairkllhvmale✓ild bicycles roadway with v hi fes, Note: This is a summary of key �,k;iandards. See 1r .2 .120 to .2 THOROUGHFARE ,i F Existing street New street ;$`S,S . i ..DI III No change See new cross-s PUBLIC FROINII,AGE$TIANII AR'DS {$e: Total required width minimum 0 ft on Minkier o... Landscaping Street trees, located at back "au Nllw Minkler, trees in a continuous a minimum of 5 ft wide located a face. Also, see 18.28.240 General L Tree spacing Lighting 20-30 ft, depending on species. APPLIED TO: Existing Streets: Andover Park E. (Tukwila Pk\nly to Trek Christensen), Trek Dr, Industry Dr, IM•urikler (Andover Park IE.), to River, Wig Dr, Bauch Dr, Nelson Pllo S. 156th St New Streets: As indicated on Map 0 for supplemental detadls. ce. On ed strip t.,^Icurb .Idng•. Pedestrian and vehicular -scale decorativ lighting. BUILDING 0r IIEN iI`ATU LACE .EINITf(( (See 18.28.16 1119 u) Building orientation to streets/ open spaces Front yard setback minimum On -site surface parking locations Front yard landscaping minimum (waived if Public Frontage Improvements are buil standard) Required Side or re Street F parki str II 11111111111111111111V1,11" ��u uulpuuu uuu�u '00000 A .' N0 0 0kIII n (NG ,. ,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,111111111111111111111111111111111111 ding. ouble-loaded aisle of en building and primary mum 63 ft in width). 2 eetscape ARCHITECTURAL DEsI STA4NIDIARDS,,,nn Facade articulation increment Commercial/mixed•-use maximum Residential maximum 50 ft 30 ft Major vertical modulation maximum 120 ft Ground level transparency Commercial -use minimum 50% 11111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 00000000000000001111100000000 111111111111111111111111111111111111111111111111111111 I" wro parr ncy miin ,idethttaIk r Type 11111111111111111111111111111111111111111111111111111111,11, Public frontage •horoughfare cross-section Facade articulation and gr "M)p;a 1 transparency 2 New street south of Tukwila Pond shall only have on -street parking on the south side of the street. Return to Title Figure 18-24: Urban Corridor Standards Intent: To provr e'an suppor five pe es flaw dciiIIP#ies aril dl an attractive stree etil" � 1!crossroadsl%in the UIrY, `ncen e that g provide greater capacity for transit ahld(11lb Viter traffic.' Note: This is a summary of ke dards. See 1&.2S.120 to .2 THOROUG IMF I 'CI 1 5 SIII nLIIIU'I / ; Existing street New street No chang See new cro 11.11 111111111111111111111111111111111111111111111111111111111 PUBLIC FRONTAGE STANIDARDS,,(5,,1,: Total requ width red Sidewalk width minimum Landscaping Street tree spacing Lighting Trees in a continuous landsca wide located at back of curb on streets; trees in was on new stre see 18.28.240 General Landscaping 20-30 ft, depending on specifies. Pedestrian and vehicular -scale dec street Vighting. BUILDING OMENTATION/PLACEMENT LAN DSCAPI N Ill) (See 18, 28160„m,,190llrrrrrriiiai,,,;,,, Building orientation to street Required Front yard setback minimum On -site surface parking locations Front yard landscaping minimum (waived if Public Fron Improvements are built to standa 0 Side or Stree aisl 1000000000000000000,0001 fl w. of Streetscape 1111111111111111111111111111111111111111111111111111111111 ildiing. double -loaded mg between .T nd primary street iin width). ARCHITECT'f ll lu r/!DI�' Ill i IIIV NIDAR1 S,,,, Facade articulation increme Commercial/mixed-use maximum 50 ft Residential maximum Oft APPLIED TO: Existing Streets: Andover Park W. (Tukwiia Pkwy S. to Milnkler), Longacres Way, Strander Blvd New Streets:: As Indicated on Cor ap or supplemental de ads, Major vertical modulation maximum 200 ft Ground level transparency Commercial -use minimum 60% lack of sl'11r 111111111111111111111111111111111111111111111111 -. ~aiain;vvalIk y;u a1J-11tU g 1111111111111111111111111111111,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,111 Public frontage r flPNlilPg V�'1111' r Type u 11,51 travel I [or. bike par oroughfare cross-section 01111111111111111111111111111111111111111111111111111 "Transparency Vr111111 li Facade articulation and grown ansparency Return to Title Figure 18-25: Commercial Corridor Standards Commercial Corridor Intent: To prove ` fmo dry uPem t'17Ionia +Miles) greater c YPac ty'fi for vehicles and attractive streetscapes along //heavvilly l� ��ed n rdd ry9„ser ingi iu dbw raeti l Note: This is a summary THOROUG IFA�fI5--C Existing street New street dards. See 1&.2S.12Q to .2 ...nl 111 MINI111(see 18,28,140) No Chang°-111111100011111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111001 See new cro° PUBLIC FRONTAGE STANDA Total required width Sidewalk width minimum Landscaping Street tree spacing Lighting 15 ft 6 ft 11111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111 Street trees in a continuous landscaped strip 9 ft wide locat back of curb. Also see 18.28.240 General Landscaping. 20-30 ft, depending on species. Vehicular -scale decorative stree lighting. BUILDING 0 !F N 'ATII NI/PLACE IVIF IT $i LANDSCAPI Gu;(See 18,28,160,190) Building orientation to streets No Front yard setback minimum On -site surface parking locations Front yard landscaping minimum (waived if Public Frontage Improvements are built to (DiRl(�W� Facade articulation ir��'p�u ent ,r III IIIu u1 111111111111111111111111111111111 uVVVVVVVUVVVuu 1uu1m111111111111111111111NlWuu 111111111111111111111111111111111111 1111111 side or rear uilding APPLIED TO: (Existing Streets: Tukwila Pkwy, Southcenter Pkwy, S. 180th St, West Valley Hwy New Streets: As Corriidor Type or supplemental detoals, 1111111111111111111111111111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5 ft of Streetscape Commercial/mixed-use maximum Residential maximum 50ft 30 ft Major vertical modulation maximum 200 ft Ground level transparency Commercial -use minimum 50% 1111111111111111111111111111111 aWic9oNalk. g hualnfirvg str Public frontage 11111111111111111111111111111111111111111111 7farI qmrf ncy 0rruhl Facade articulation 111" m ii. icated on r IT;a r17- -,,,q, d level transparency Return to Title Figure 18-26: Freeway Frontage Corridor Standards Intent: To prow oriented towar Freeway Frontage Corridor tip ;Off raid )u S rtiv pedd � t, iIP Il d9lbr�JG` r rll v3it i ' N parkways mr mniii r , � r thr N area' , f�l�evuY ymiekNr4f ;;1 I%stf(elldrSa uthcenter MaJIG ,,, Note: This is a summary of key cory°4°�10 da rds. See 1c.18.120 to .210, THOROUG r `C ' SS;68C,11-111:)111N,III Existing street 000000000000000000000000000 New street No change NA ,rr, PUBLIC FRONITAG6 STANIIDA1;D$ (See- ''' Total required width Sidewalk width minimum Landscaping Street tree spacing Lighting 11111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111 Street trees in a continuous Vanr;' strip 9 ft wide located at back of c combination of curb landscaping an street trees integrated into sidewalk, , provided total public frontage meet required width. Aso see 18.28.24 General Landscaping. 30-50 ft, depending on sped Vehicular -scale decorative BUILDING 91 fil MITI; " II°NI;f L, ce EN LANDSCAPI IG (See 18,28.160 - 10),,;;r Building orientation to street Front yard setback minimum On -site surface parking Vocations Front yard landscaping minimu (waived if Public Frontage Impro are built to standard) ed 1111111111111111111111111111111111111111 011111111111000000000000000010 11111 APPLIED TO: (Existing Streets: Tukwila Parkway (Southcenter Pkwy to 185' west of Andover Park Vi/est), Southcen! . r Pkvvy (Tukwiilla Pkwy ./ er Blvd) New St re supplemental details. 11111111111111111111111111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII11111111111111111111111111111111111111111a hrtiing. t, side or rear of winding 15 ft of streetscape ARCHITECT rll LIIDEnfilllf' L AR Facade articulation increme(in Commercial/mixed•-use maximum Major vertical modulation maximum 100 ft 200 ft Ground level transparency** Commercial -use minimum 20% k of si Il li iliiiiiiiiiiiiiiiiilif 1111111111111111111111111111111111 lu1 11111111111111111 s 1111111111111 111111111 Public frontage NIIV1IVIIVVVUi � 1�1 Facade articul trans / round level Z inimurn ground -level trs l,,;;kr rency requirements do not apply when: 1) the sidewalk grade is 10 feet or more above the finished grade of the structure; or 2) there is another building located directly between the street frontage and the proposed building, screening the view of the proposed building from the street. * Return to Title Figure 18-27: Workplace Corridor Standards p , f i pd (> l rtly pedest+Fidi f cit)t'1es olonnl„"„ii Intent: To rovr 1 streets serving t f% ✓cry �i ll rtidl p�i/ffkiri Ca es.5 air" primarily 1( :: �41dh, diau,),esouther1 port th S uth drit >u 1'ih' area. Note: This is a summary of key ndards. THROUGHF R' "; G 010„„„„irlor 11rlorrll Existing street No change New street See new cross APPLIED TO: IExisting Streets: Minkler Blvd (Southcenter Pkwy to APW, Costco Dr), Upland Dr, Midland Dr, Triilland Dr, N./W. between Costco Dr and S. 180th St, Andover (Park W. (Miinkler to S. 18 th St), Andover Park E. (Trek to S. 180th St1111,11111, IDr New Streets: As indicated on CA pe Map 28.120 to 2.10 for supplemental details. PUBLIC FRONTAGEr8TANDARDSISie , . : )l( Total requ width red Sidewalk width 6 minimum Landscaping 11111111111111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 Street trees in a continuous Ian. strip 9 ft wide located at back o Also see 18.28.240 General Landscaping. Street tree spaciing ( 30-50 ft, depending on species. Lighting Vehicular -scale street lighting.. BUILDING O II it f NTATIbN/P ACEM NT LANDSCAPI GifitSeer18,28.1r6b„-.1, )) Building orientation to street Front yard setback minimum 11111111111111111111111111111111111 On -site surface parking Vocations '�e or rear of 1111111 1111111111111111111111III I'' Front yard landscaping minimum (waived if Public Frontage Improve are built to standard) g of streetscape f VI (fh F r i ARCHITECT I�Ilillml'gAlD Facade articulation incre Non-residential maximu Residential maxiimum o�iau�x i Major vertical modulation maximum 1.40 ft 30 ft 280 ft Ground level transparency Warehouse/light industrial buildings minimum 20% Commercial -use minimum 50% ,10001111111100000 1111111111111111111111111111 111111111111111111111111111111111111111111111111 21r1rs,. 1, r111, Public frontage p.arkh�,e, horoughfare cross-section 1a''rll a Facade articulation an IF evel ransparency Return to Title Figure 18-29: Example of a building orien Direct. pedestrian entries into building from sidewalk 111111111111111111111 I 111111'1'1'11111111 11111111,111111111111111111111111s11' 41 Figure 18-28: Examples of public frontages 0— Clack. of sidewalk. . Street ltee ' spactspt. 20 30' ,11,11111111111111111111111111111111111 11111111 1111111111111111111 0 111111111111111111111111111111111111111111 1BACK OF SIDEWALK V PEDESTRIAN wALKwAy 111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111111111 111010101111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111,1,1,1,1111111111111111111111111111111111111111111 0,t111111'OOOOIOOOOOOOOOOoo he street 11110101010101010101010101010110111 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 11111 111111111111 100001101100000000000000000 11,11111111111111111111111111111111111111111 • poNo pi4:opr,RT''.(1 LINE' GiA,1„,/X1,1 OF SIDI„SNA'f,K 0,111111,101,101,101,101,101,11,1111111,10,101,101,101,101,101,10101,1111111 1111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111' 11111111111111111111111111111111111111111111111111111111 1111111 i.ihicular access to the side of building with parking to the side, rear, and/or underANithin building 1111111111111 11000000000000000liiiiiiiiilloy 00000v00 Return to Title Figure 18-30: Example of features on a building oriented to street Weather protection: At feast 6' deep Win uuu transpal At Veast 7 of facade between and 10" I' uil .mmV Figure 18-31: IExampVes o 1cY 7 24 111111111111111111111111111111111111111111111111111111111, � .,ns�uill ��'11^ICI"''i illlillll III1IIIIp 111111111111111111111111111111111111'11111, itl "11111111111111111111111111111 I Ila 11111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111111111111 Entry: facing street 111111111111111111 11111111111111111 ,,,,111111,1,111111,11,111111,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,1111111111 111 0000000000000000000000000010 Orientation to Streets/Open �o lul , mlml „�' IIII' woml uun 4 111111111111 IIIII11�1 11rml iiii Ilitimer ry lhlll�"mnuuuum N uuuuuum uuuuuuum m �Ilil71ll11rllluuuul IIIII IIIIII V ' I IIIIIIIIIIIIIuIIIiN��N�, �llwiw!uV���uUl nu VII I11IiP'"' n1111,11111 1111111111111111111111 DV eatments 1 'o pill„!�� mils ouuu dul y� I�a11110111111111/1hMIINNI.. Return to Title Figure 18-32: Frontage Building Coverage FRONT STREET Y X ' 41 UIII1' Ip 1 Ulf l' u'11 Figure 18-33: ExampVe of exceeding 'maxiirrou Figure 18-34: Suriac 11111111111111111111111111111111111111111 g „0.111,,j1111 MIN FRONT YARD SE -•- X 100 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,s to provide 'pedestrian space nquuuuu ui;, �Vuuuuuuuum 111111111111 uu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII —Front Return to Title Figure 18-35: Street Front Parking Examples "1"1111111111111111111111111111:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1:1,1,01 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 Figure 18-36: Surface Parlking — Side Figure 18-37: Su 11111111111111111111111111111111111111111111111111111111111 ,,,,,,1111111111111111111111111111 11 11111 111111111111111111iiiiiiiiiii 111111111 „,„„1111111111111111111111111111,1111111111111111111111111111111/111111111111111,1,1,1,1111"1" ,1011111111111111IIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111iiiiiiiiii1111111111111111111111111111111111111111111111,111111'' 11111,1,1,1,1,1,1,1,1,1 1111 1111111111111111111111111111 „„„„„„„„„„„„, 11111111111111111 011,1111,111,.iii,1111P111,111,1L111111i1?"" ou'll.i1111111111111111111111111111111'ir 111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 11111111111 111111111111111111111111111111111111111111111111111111111 11111 111111111111111111111111111111111111111 4 111111111111111IIIIfl al;.reel• king — Rear Return to Title Figure 18-38: Example of vertical modulation and horizontal modulation Fforzontal modufation (upperlevel stepback) 7,72 YYY,Y;i1..Y7YYTI,y Yiy,YY Verticai modulation 11111111111111111111111 1111111111111 1111111111111111111111111111111111111111 Figure 18-39: Facade articulation example for a ui ding '""" eadeThm tion cre e-r) 11111111111111111111111111111111111111111111111111111111 / 7 1 4,41d /" 1 :Z' ;le: ;rkk kkz;kk,k;i kP k ;V zkk,' ,,:,..111111ifi!11,1,1.1m1111111.1.1.1,111111.1.1..1,1!1) 101 01' 1, 1 ),1111,11,11),Ik' !;011,1,111110111111111k111111111:1111 [.. ,.-74kttliCIrt., Entries and fenestration pattern 111111111111111111111111 „.„‘„,.„‘„,..„‘„,„.„‘„,„ I III 11111111111111111111111111111 111111.1.11111111111111111111111111111111111111.11. „n11,111,15,111,141) 1 li:,,;,,,15.,1.1111111 ?II 11 - „ / Vertical piers Canopies Return to Title Figure 18-40: Example of articulating the facade of a residential building IL 1 1111111111111111111111111111111111111111111111111111111 1001111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111 111 140110 III 11111 11111111111111111111111111111111111110 1111111111111111111111111111111111111111111111111111111 1,1,1,1,111111111111111111111111111111111 11 111111111111111111111111111111111111111111111 30' max. I I 30' max. 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111h t 1111111111111111111111111111 I 111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 111111 IL 111111"i' ""' III IflIdY Return to Title Figure 18-41: Major Vertical Modulation Example Major vertical modulation 111111111111111111111111111111111111111111111111111111111 Figure 18-42: Ground Vevel transparency area between the height of 2 and 1I fee Y111111111111111111111111111111111111111111111 �r 1111111111111111r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ents appDy he Vength of a 111111111111111111111111111111 1111111111111111111111111111111111111111 cade YatYor eras ansparency percentage for the acade 111111111111111 Return to Title Figure 18-43: Examples of percentage of transparency between 2-10'along the length of a building facade �,,1Illllllllul� o YI'IP4,1 ill 1114'1,1„ 75% Tra 1111111111111111111111111111111 p Il i1,�pN H^P�uVI ' i$ m mm 11111111'1'1'1'1III 1 11111111111111111111111111111111111111 mi111 11111111111111111111111111 Figure 18-44: Display window exa p This exarrap 1111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111111111111111111 p 111ma:;r liiiIIY pl in u IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII he criteria. mum ImwIlplllllyrlllll�',1:1411111111111^ 111111111111111111 1111111111111111111 0% Transparency his does not. I m11i11111111111111 1111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111 III HI r IN1„ III II Return to Title Figure 18-45: Encroachment provisions for building overhangs or weather protection features VUI s UI 11111111111111111111111111111111111111111111111111111111 uuuuuuuuuuuuuuuu VVV 111111 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 III I IIY 111111111111111111111111 Return to Title Figure 18-46: iiiustrating the various side and rear yard treatment standards and options.. 1. H ea v . e .screenlng 2. Moderato landscape screening 11111'111.1111111.11.11.11111.1111....... 3b. Shared internall roadway Property Line, 11111111111111111111111111111111111111111111111111111111 100.111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111' Privacy fence '111111111111111111111111111111111111111111 3a Shared 11111111011111011000111100000000000""" 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111.11.." 1110 11111111111111111111111110111111111000""" 1 001111111111111111111111111'11' 100 000000001P"'3d. Other option - Iow hedge or fence 41°°°111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 I 111111.1.11.111.1.11111.111.1.1.111.111.111.111111111111111111111 y Line 111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 0000000001100000000000 SI Property Line Property Line Return to Title 1111111111111111111111111111111 Figure 18-47: Not OK— A single tree planted with no other materials and little room for viability. 111111111111111111111111111111 111111111111111111111111111111111111 147 1111 100000000000000000000000000000 1111111111111111111111111111111111111111111111111111111 Figure 18-48: Using evergreen Vandsc Figure 18-49: Exa 1111 �.ru III vwll��r;�'Ydgl�,y' ,���N �,�i ��,1 �mY I ponllloVd „ h�irnwl Y� u� liluuM lull il' 11,111111,11 141,1))),11111111, AOlt IN11 1 iulllliiillullll"' ull 40007 l 111111111111 II I o screen uti0 dscaped tree weVlls quFrfN rm+�ntl, 11111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111,11, I�Ylhnlllnil 11111111111111111111111111111111111111 �yN!!6°PdquuuVimW�1111 hP II!Illlllllllliiiii Return to Title ,1,111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 111111 Figure 18-50: Examples of Pedestrian Spaces I°IIh,��wdN,�IIIIIIIP'' i,P,dl,;1'p1iq!19°�N�IVNN,HNuulu uuuuiVuuuuuuuuuuu�VuudViiuuuuu ` 11111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 111111111 1111111111111111111111111111111111111111111111111 0 Figure 18-51: Examples of pedestrian passag '' Pir dull u, lmpquuuuuuuuuli I ,*" IIIIIIIP�P I III Ili ' Ip011iin11111111 111,11111111111 u11111111111111111111111111111111111111111111111111111111111cll 1I,W tlM11111111 liiiiiiuiiiiiilll" Voh'!I411111111111111111111111111111111 ddli111111111111llllllio IIIIIIu111in„„, u Return to Title Figure 18-52: Common open space examples illlilI1111 1�����I I�� I��I YI���I III, 1$"11,11,‘11; "ION fii�;pIIIIN'�IiII�IIIIGillll!!III41flN"I Figure 18-53: Rooftop Garden 11111111111111111111111111111111111111 1111111 wl lwlwlwlwlwlwlwlwlwl?lwwlw h1'ilh'IIII 1111111111111111111111111111111111111111111111111111 q 11 µlrl!;,;,;;;;wluw ��IIIIIIcuIII�,;�,N°uul, VII11,1111111IIIII1III.��� IiIiilu1uuul1111111111111111111111111111111111111111111111111111111111111111111111111111111111ClB1m111 CWI 11,1,1111111,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1„1„1„1„1„1„v 1„1„1„1„1„1„1„1„1„1„1„1„1„1„1„1„1„1„1„1RRRN:NIurR,I 11111111 It !III 111111111111111111111111111111111111111111 e 1111111111111111111111111111111111111111111111111 wIldll,lwwuu I„ �IP�1uuullluiwplpouliu1 llnu Yu, I�IIVIVIVuoullllb, 11111111111111111111111111111111 Return to Title Figure 18-54: Example of Driveway level with the height of the sidewalk 11111111111111111111111111111111111111111111111111111 Driveway With P➢antic R Strips rririrF err r 111111111111111111111111111111111111111111111111111 1,1111111111111111111111111111111111111111111111111111111 er unnollummunum Figure 18-55: Not IK— Not enough room o i ioadiing area➢ resulting iin disruption of traffic movements 1 111111111111111111111111111111111111111111111111111111111 use 111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111111 000000000011110 rrrrriiiirrrrrrrrrrrrrrrrrrii Return to Title Figure 18-56: Parking lot walkway standards and example cfl Figure 18-57: Example of good internal p between buildings and through 'parking rila n 1001111111111111111111111111111111111111111111111111 Pik 111111111111111111111111111111111111111111111�_ 1 11111111111111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111 circulla 11111111111111111111111111111111111 connections from the street, fr Return to Title IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Figure 18-58: Internal walkway standards and an example along retail or mixed -use buildings Street trees every 30" --- ypgiuuuuuuuuu 1111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pedeslruain iiiigghfung 111111111111111111111111111111111100 111111111111111111111111111111111111111111111111 8' min unolbstructed width "12" main 11111111111111111111111111111111111111111111111111111111111111 II 11 Total sidewalk width IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ry IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111111, 11 1111111 Return to Title Figure 18-59 Return to Title Figure 18-60: Tukwila International Boulevard (TIB) Study Area -14 .41IIIIISIIIItflIt . I , PS Study Area , ritaillir , I "t4EIIIII:I.11;"" — /1 T.P4,- -I 111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111, 11111111111111111111111111111111111 I. 1 oonl?1?1?1?.?1,1?, 11 111111111111111111111111111 CITY OF SEA 11111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111 111111 111111111111111111i 11111111111111111111111111111111111111111111111111111111111' 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111VI foolool0000noomoomoom000 0011111111111111111111111111111111111111111111111111111111111000000000000 11 liii111111,1,1,1111 11111111 )1.1 S hcerTfiEBN::::.-60 HER FT " Sq139th,..St.,,,.;„ 111111110.10.114 ;III ‘11 D R st-, '11.1111loo Return to Title Figure 61 Major Pedestrian Corridor �iI II���UI�n m IIMaj • it Arian idor Pedestrian Corridor 1/18/2025 Return to Title Table 18-1: Summary of applicable review process and standards/guidelines. See subsection 18.28.030 (D) for detailed provisions. Project - rype Projects located in the TU Minor remodels or very small pr see subsection (D)(1)(d) Major remodels and small-scale p see subsection (D)(1)(b) Large-scale projects see subsection (D)(.1i)(c) Projects located in the TUC -Workplace Dis Residential/mixed-use building — small scale proj see subsection (D)(2)(a)(1) Residential/mixed-use building — major remodel see subsection (D)(2)(a)(2) Residential/mixed-use building — large scale projec see subsection (ID)(2)(a)(3) Other small scale new construction or ext expansions, see subsection (D)(2)(b)(.1i ) Other major remodels see subsection (D)(2)(b)(2) Other large-scale new construction expansions -see subsection (D)(2)( Minor remodels or very small piroj see subsection (D)(2)(c) * Not required to i 11111111111111111111111111111111111111111111111111111110 Review Type Type 2 Type 4 (BAR) Applicable Standards/Guidelines II 1111 111111111111111111111111111111111111111 -o GU 111111111 11000000000000000000000000000000 ,11 ridor-based architectural design standards nu eon) 1m as aas tUD w CI • OD C C 0 u 00. .3.. 02) 10111111111111 IIIIIIII111111111111111111111111111111111111111111111111 1111111111111111111111111111 14 11111111111111111 oo 040404040404044 ,,,11111111111111111111111111111111 a', `j.,' m -5 a 23 ' .Y. L) .0 ..1.71 i... tu O , _—C 1iUfr-C '' Ca , • a, .... n a2 T0 T„3 oj 11 ' ?I12 0a tto _c 0 o C C ta 11011111111111OSO (I) a..0 00. r0 ,„0,11111 01110000000. 110111111111000111111110 ,00S o a) rd ba .... `'2 c'l"."--.4f.-. •-2_. ,13 = 2,7, 4-„'7.1,E ,S73 0. ... 2.62 a?,T0 @E.1.,. ,-0 -=t"o 66 7_.•._,.c-3.:-. 24.0gt6'-,•.2.j-.E-., 2SF—,- .r, .0 >6-0 ••• .•.:4n 0. 'T''-;`'9'CD 3 1 4onE 00 aa,85i 0 u, F=r=4 72..3.;.;. °76a'Et-a' 8 c.2 a 0). "- , c u —>0a-•, EaOO-7. C0 @ il = • = '-' 0 0 T-1 0.0 00 CA c-1 0 0 'Or CO CU CU CC CC c-1 ▪ CU > > O 0 St St ID ID 0 0. 0. 0. 0.1 0. a, 0.1 0. a) 010 E 0. 010 E 0_ 0_ 0. 00 {PA' cu E 0 o c to a, c E 2 4 0 c bb o E To ro .2 j...; g3 -47- E 2 8 .0 S: t.71 ;71 -CZ 2./ a) o_ -o 8 c c La;,' ra o_ 0 0 -Co)- -cs 0 to 0o -o c 4,0 - 0 2 E To c>" uo© + NI E _a oci ro E +4 'E -c U 2 z 2 cr) a) cc * * 111111111111111111 1111111111111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Excludes vehicle stora — AI 0. E 0) r•ri Subject to ?MC 18.58 2 0 ro 0) Subject to the criteria 0 and TMC 18.50.270 Subject to the criteria cri ui cr; 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1111111 1111111111111111111111111111111111111111111111 1111: 11: 11: 11: 11111 11111111111111111111111111111111111111111111111111111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11111111 11111111111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1111111111111111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,ppppppppppIIIIIIIIIpppppppp, 111 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11111111111111111 1111111111111111m 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11111111111111111111111111111111111111111111111111111111 :!,:ozzuzzyzyz, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 11111 11111111111111111111111111 11111111111111111 Return to Title Table 18-3 District Standards: District Standards 18.28.070 Structure Height' Minimum Height Maximum Height withou 11111111111111 1111111111111116 CVO' 1l 11-11111111111111111111111111111111111111111111111111 IV1uu Frontal Improvement Height Once Multi -Family Height Oncentive 18.28.080 Maximum Block Face Length Provision of New Streets 850 ft max2 18.28.090 Permitted Corridor Types for New Streets Pedestrian Corridor Walkable Corridor Neighborhood Corridor Urban Corridor Commercial Corridor Workplace Corridor Tukwila Pond Espllanade Pedestrian Wallkway 18.28.100 Side and Rear Setback Side and Rear Yards Regional Center 25 ft fronting Baker BD. 85 ft 115 ft, or 214 ft w/in 300 ft of Tukwilla Pkwy Southcenter Pkwy Tu 0 Pk 214 ft 18.28.110 Side and Rear La Side and Rear Yards 18.28.220 Special Cor111'11111ti NA uN Special Corner Feature o 11'' 1u ding W®®,1 11111111111111111111111111111111 permit per r TOD 25 ft fronting Baker BD. 45 ft 70 ft, 115' if combined with MF, LEED or Affordabie Housing (Incentive 70 ft, 115' if combined wi Frontal Om LEED Affo H ,� Nµ I lul "p II�IIIIIIIII�III�I� iim,r VHIi i mm� ...111,11111111111111111111111111. .1111.11110111111111111111111000000000 l. Pond District n/a 45 ft 70 f inc 15 Corridor Comm„ 11111111111111111111111111111111111111111111111 111111111111111 r HO mJI', 70 ft, no increase w/in 150 ft of Pond edge n/a Workplace n/a... 45 ft n/a n/a 70 ft River adjacent parcels only ax 700 ft max 900 ft max 900 ft max per permit permitted 5ft4 5ft4 5ft4 permitted permitted g Requirements 5 ft 4 1,11,11,11,111,111,1,11,11,11,11,11,11, 1111111 permitted permitted ermitted 11111111111111111111111111111 1111111111111 5ft4 5ft4 permitted 1111111111111111111111111 permitted permitted permitted 5 permitted3 permitted permitted permitted 5 ft 0 ft 1) Portions of the buuidung that extend above the prumary building mass, such as non-hab'utable space (dock towers, roof -top cupolas, elevator and mechanucal equipment enclosures), unenciosed space (roof deck trellises, gazebos), and other special architectural features, shall not exceed the maximum height requirement by more than 20 feet, provided they are set back a minimum of 10 feet from the edge of the roof (see also TMC 18.50.080). 2) Does not apply to Freeway Frontage Corridors 3) Permitted adjacent to residential uses. 4) May be waived as part of design review if Building and Fire Code requirements are met. Return to Title Table 18-4 Provision of Open Space Districts Regional Center TOD Neighborhood & Pond Commercial Corridor & Workplace Use Type Retail Civic & Institutional Lodging Residential Transportatoon, Communication & Infrastructure Industrial, Manufacturing & Warehouse Required Type/Amount of Open Space (minimums) Pedestiriian space: 30 sf/1,000 ufldiing footprint; min 100 sf Pedestri sfofhu Pedestrian spay sf of building 50 sf/1,000 �otprint /1,000 10% of residential area, may be a combination of comm private open space Legend -- Open Space Not Required 11111111111111111111111111111111111111111111111111111111 100111111111111111111111111111111111111111111111111111111,11 11111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111 Pedestrian space: 30 sf/1,000 sf of building footprint; min 1.00 sf and max 3,000 sf per site Pedestrian space: 50 sf/ of building footprint Pedestrian space: 5 of building f 10% of reside ,,it floor airea, may Ib- w"I° nbiination of coirmm0 ovate open 11111,11,11,11111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111 111111111111111111111111 11111111111111111111111111111111111111111 Pedestrian space: 50 sf/1,000 sf of (building footprint 10% of residential unit floor area, may be any combination of common or private open space Return to Title Table 18-5 Provision of Parking fulhllllllllllllllllIlllliir„. Retail, except as Ili t" MVf ffli M° Eating & Drinking Est Planned Shopping Cente 500.000 sf of ufa s Planned Shopping Center 500,0 1,000, 000 sf of ufa Planned Shopping Center over 1 million square feet gross leasable floor area including pad builldings1 Entertainment & Recreation Business & Personall Services Civic & lnstitutionall Office Lodging Residential Studio 1+ bedroom unit Home occupation Senior citizen housi Senior citize housing fo disabilliti quarte stop t service 11 111111111111111111111111111111111 • 111 hi 1 r �l �n 1 1i�jj� transit ,ves transit ast four times per hour for twelve or rnore hours per day 1111111111111111111,, g and with one - *See RCVV 36„70A.620(2) Industrial, Manufacturing & Warehouse Essential Public Facilities hl ilghboirt�lc�ibd''; F oiidl Ibistrri Required Minimum Vehicular Parking 3.3 spaces/1,000 sf of ufa 6 spaces/1,000 sf of ufa 4 spaces/1,000 sf of ufa paces/1,000 sf of ufa 1111 111111111111111111111111111111111111 s/1,000 sf of gross oor area 6 spa determi 3 spaces As determin 3 spaces 1 spec v G11� l p milu�piiii,�' � r 101111111111111111111111111111111111111111111111111111111 IUIMI 0 sf ofllu'. I GF 000l 11111111 111111111111111111111111111 1111111111111.11 11 .���� .. IIIIII1I Vim: IIII i Director (1111111 ace/emplloyee in addition spaces otherwise required 1 space per unit for the first 15 units, „5 space per unit for additionall units 1 for 15 beds with a minimum of 2, to accommodate staff and visitors Not permitted As determined by DCD Director — uistricts Require 'cycle See TMC Figure 18-7 Required Number of Parking Spaces for Automobiles and Bicycles Comlmme rcial Corridor & Wor I ace!, �uuuuuiiiiiin�� Required Mi Vehicular P See TMC Require f Parkin" Aut 11111111111111111111111111111111111111111 II 11111111111111111111111111111111111111111111111111111 Last adopted — Ordinance 2765 Return to Title Exhibit B — Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 �,l,lRf la;;;.,,." {p IRR:¢, + + �Illlnrm,,,,.... I ,,,,... is j R 'file_ 0 0 b A' I d mmgg viisit,/,05/,,v4((///ti/ di l l �tillll II III I II f. b 0 11 II II ICI IIIII Adult day care A J A Ji A A 1 A JI A /I ) J1 i I P 6, Adult entertainment (subject to location restrictions') P P P P P P P Airports, landing fields and heliports (except emergency sites) U U U U U U U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P Bed and breakfast lodging for not more than twelve guests5 C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops P P P P P P P P P P P P P Boarding Homes C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cargo containers (*see also TMC 18.50.060) A&S A&S A&S A&S A&S P P P P P Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C Colleges and universities C C C C C C C C C6 C6 C6 P Commercial laundries P P P P P p P Commercial Parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged. TMC Section 18.06.613) P7 P7 P7 P7 P7 P8 P8 P8 Adopted 2025— Ordinance No. 2765 Page 1 fri II Contractor ,,,::...i� � !Ulna,,,.::......If r,rv:,,.+ 0 b A' I d Ifiltrriitit m iU mm' bm s m II IIll I I I tll IIIII II II III I� tIIIM I I III II II ud a II II inICI II iti storage yards i III/ I il/ I / J., P P P II/dmg 1$ ) P 1 P P i I ,1qp1 Continuing care retirement facility C C CCCC C P Convalescent & nursing homes & assisted living facility for not more than twelve patients P P P C P P P P P P Convalescent & nursing homes & assisted living facility for more than twelve patients C C CCCC C P Convention facilities P P P P P P P Correctional institutes U11 U U U Daycare Centers (not home -based) P P P P P P P P P P P P P P Daycare Family Home (Family Child Care Home)12 A A A A A A A A A A Diversion facilities and diversion interim services facilities south of Strander Blvd U Domestic Shelter P P P P Dormitory C C A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 Drive-in theatres CCCCC C Dwelling — Cottage Housing P P P P P Dwelling —Courtyard Apartments P P P P P Dwelling — Detached single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P Dwelling- Detached Zero -Lot Line Units P P P P P Dwelling- Duplex, triplex or fourplex, fiveplex or townhouseP P P P P p Dwelling -Townhouses P P P P P P Dwelling —Multi-family P P14 P Dwelling — Multi -family units above office and retail uses P P P P C15 22/ ac P Dwelling —Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards 60/ac 60/ac 60/ ac 60/ac 60/ac 100/ac P Dwelling —Stacked Flat P P P P P Dwelling unit — Accessory16 A A A A A Electrical Substation — Distribution C C C C C C C C C C C C C P Page 2 pri,-.41/e/Alf,,,,fitfifte_1,10f,/ Electrical .jf r,rv:,,.+1, b p' i d ,,m II I I I 1 �iM I I III II Il d oi nilII II N ihriligi Substation —Transmission/Switching A lit iiii/Jilii i IIIIIIIILIIIIII�IIIIIItia 0 U U U I 6 U d U Electric Vehicle Charging Station — Level 1 and Level 2 A A P P P P P P P P P P P P P Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A P P P P P P P P P P Emergency Housing P37 P37 P37 P37 P37 P37 P37 P37 P37 Emergency Shelter P37 P37 P37 P37 P37 P37 P37 P37 P37 Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U U Extended -stay hotel P34 P P P P P P Farming and farm -related activities P P Fire & Police Stations C C C C C C C C C C C C C C P Fraternal organizations P P C P P P P P P P P Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as residence and is subject to the regulations affecting the main building A Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft A A A Greenhouses or nurseries (commercial) P P P P P P P P P Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C Heavy equipment repair and salvage P P P P P P Helipads, accessory C Home Occupation (Permitted in dwellings as covered in TMC Section 18.06.430.) A A A A A A A A A Hospitals C C C C C C C C P Hotels P34 P P P P C C P P Hydroelectric and private utility power generating plants U U U U U U U U Industries involved with etching, film processing, lithography, printing and publishing P P P P P P P P P Internet Data/Telecommunication Centers C P P P P P P P Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U U U U U U U U U U U U Laundries; self -serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P Libraries, museums, or art galleries (public) C P P P C P P P P P P P P P P Page 3 �. U hi al Manuf./Mobile qe a m ro ;20, 7 b 1/1.1 �W A� 0 0 b D' I d,„,,,,,,„,,, u,, , , , �, iM „ him g „ o, „ ii d oi o il ii iii Ai ,,,,, home park 17 ( i ID P JJ I I J,,� 6 d Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust vibration or other external environmental impacts or pollution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P18 P P P P P P P P P B) Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood P18 P P P P P P P P P C) Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P18 P P P P P P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i) Fermenting and distilling included P P P P ii) No fermenting and distilling P18 p p p p p Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts: A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P C P C B) Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C C P C P C C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C P P P P C D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P P P P P C E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Page 4 pril./-47,,,,y3Iffrifit III�I„Il,IIII Manufacturing or assembly IB b U' I d 6 6 , ,�„�iM,,III I,„nmm 011 i„N „,,, that includes rock crushing, asphalt or concrete batching mixing, stone cutting, brick manufacture, marble works, and the of products from the above materials 6l / If 1 t C C �i P ) C i P ?` � I C 1/Us C IA Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials U U U U Marijuana producers, processors, or retailers (with state issued license) P P P19 Mass transit facilities U U U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse20 S Mortician and funeral homes P P P P P P C Motels P P P P P C C P P Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, computer software development, business, e.g. travel, real estate & commercial P22 p P22 P23 P P P P P P9 C10 P24 C25 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing P Park & ride lots C C C C C C C C C C C C Parking areas A A A A A A A A A A A A A A A Parking areas, for municipal uses and police stations C C C C C C C C C C C C C C P Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation P P P P P P P P P P P P P P P P Pawnbroker/Payday lender C C P P P P P Permanent Supportive Housing P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 Planned Shopping Center (mall) P P P P P P P26 Radio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C Railroad freight or classification yards U U U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Recreation facilities (commercial — indoor) — athletic or health clubs P P P P P P P P C3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C P P P P P P Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Page 5 0 0' b W' 'p /11/,-.4",,,w,/,(//,I, m utf,ilicii/i),,..1,,„;,,,,d,iy,-/ lu .,, a i�°u,.. m �u �ii ro Recreation facilities (public), including, but not limited to sports fields community centers and golf courses C C 0 C C I 1 C C (/gy�YIJi y11�r C C C C IIJ ) C il C C i I P Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq.ft. C C P P P P P P P P P P P Religious facilities with an assembly area greater than 750 sq.ft. and associated community center buildings C C C C C C C C C C C C C Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U U U U U Rental of vehicles not requiring a commercial driver's license P36 P P P P P P P P Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P P P P P P Research and development facilities P P Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants, drive -through permitted P35 P P P P P P P P Restaurants, drive -through not permitted P P C P Retail, General P P4 P P35 P35 P P P P C3 C3 p P Sales and rental of heavy machinery and equipment subject to landscaping requirements ofTMC Chapter 18.52* P P P P P P P Salvage and wrecking operations P P C Salvage and wrecking operations which are entirely enclosed within a building P P P P Sanitariums, or similar institutes C Schools and studios for education or self-improvement P P P P P P P P P P9 C10 P27 P P Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C C C C C C P (public only) Secure community transition facility 28 U Self -storage facilities P P P P P P P P P Sewage lift station U U U U U U P Shelter P P P P Stable (private) A29 A29 P Page 6 yiRaili j.i.,„,/,(ffte i3O, 0 0' b W' 'pref/%400,,,e, u luiiii imM iiumell ui�°pro �u �nN n i Storage (outdoor) of materials allowed nto be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to TMC Chapter 18.52 �6 IIJ� 1 I jJ4 P 1 I P P P P jiy11�I IIJ 1 P P Ilyy I P i J A P JL Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P P P C C Storm water - neighborhood detention + treatment facilities U U U U U U P Storm water pump station U U U U U U Studios — Art, photography, music, voice and dance P P P P P P P P P Taverns, nightclubs P P P P P P30 P30 P P Telephone exchanges P P P P P P P P P P P P Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P P31 Tiny Home Villages39 P P P P P P P P P P P P Tow -truck operations, subject to all additional State and local regulations P P P P P P P Transfer stations (refuse and garbage) when operated by a public agency U U U U Transitional Housing P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 Truck terminals P P P P P P Utilities, regional C Vehicle sales Iot2 P32 P P P P P P Vehicle service station P33 P33 P P P P P P P P Vehicle storage (no customers onsite, does not include park -and -fly operations) P Warehouse storage and/or wholesale distribution facilities P P P P P P P P Water pump station U U U U U U P Water utility reservoir and related facilities U U U U U U Wireless Telecommunications Facilities (*see TMC Ch. 18.58) P P P P P P P P P P P P P P P P Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b. Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. Page 7 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. (3) 2. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g. drive-ins, service stations). 5. Bed and breakfast facilities, provided: a. the manager/owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. Page 8 9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City of Tukwila. 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 14. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 15. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non -industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 16. See TMC Section 18.50.220 for accessory dwelling unit standards. 17. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 18. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These businesses may manufacture, process, assemble and/or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk-in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the City's performance standards. 19. Where the underlying zoning is HI or TVS. Page 9 20. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 21. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 22. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 23. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard. 24. Offices; must be associated with another permitted use (e.g., administrative offices fora manufacturing company present within the MIC). 25. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 26. Planned shopping center (mall) up to 500,000 square feet. 27. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 28. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; Page 10 (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 29. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 30. No night clubs. 31. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more than three screens will require a Special Permission Permit. 32. Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Pre-existing legally established automotive sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 33. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with building and fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB Study Area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 34. Allow if the following are provided: a full -service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms. 35. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive -through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. 36. Automotive rentals must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Page 11 37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. 39. Tiny Home Villages are permitted, subject to the criteria and conditions at TMC Sections 18.50.240 and 18.50.270. 40. Subject to meeting underlying density allowances for unit type. Page 12 RETURN TO TITLE TITLE 21 — ENVIRONMENTAL REGULATIONS Chapters: 21.04 21.08 TITLE 21 ENVIRONMENTAL REGULATIONS State Environmental Policy Act Siting Critcria for Hazardous Wactc Trcatmcnt and Storagc Faciliticc Produced by the City of Tukwila, City Clerk's Office Page 21-1 RETURN TO TITLE TITLE 21 — ENVIRONMENTAL REGULATIONS CHAPTER 2''I 4 IE M IE 11. 'TAIL.. li C► _IIII Can° AC"11 Sections: 21.04.010 Adopted - Authority 21.04.020 General provisions -Adoption by reference 21.04.030 Definitions - Adoption by reference 21.04.040 Definitions - Additional 21.04.050 Designation of responsible official 21.04.060 Lcad agency Determination Rccponcibiliticc 21.04.070 Lcad agency Transfer of status to State agcncy 21.04.080 Categorical exemptions and threshold determinations - Adoption by reference 21.04.100 Categorical exemptions - Adoption by reference 21.04.110 Categorical exemptions - Flexible thresholds for Minor New Construction 21.04.120 Categorical exemptions - Determination 21.04.130 Threshold determination - Review conceptual stage 21.04.140 Threshold determinations - Environmental checklist 21.04.150 Threshold determinations - Mitigated DNS 21.04.156 Designating a development as a planned action 21.04.158 Planned action development review process 21.04.170 EIS - Adoption by reference 21.04.180 EIS - Preparation 21.04.185 Timc for preparation 21.04.190 EIS - Additional elements 21.04.200 EIS- Commenting- Adoption by reference 21.04.210 Public notice Procedure 21.04.220 Consulted agency responsibilities - Official designated 21.04.230 Using existing environmental documents -Adoption by reference 21.04.240 SEPA - Decisions - Adoption by reference 21.04.250 SEPA - Decisions - Substantive authority 21.04.260 SEPA-Compliance-Adoption by reference 21.04.270 SEPA - Policies 21.04.280 Appcalc 21.04.290 Notice Statute of limitations 21.04.300 Environmentally sensitive areas 21.04.310 Fccs 21.04.320 Forms Adoption by reference 21.04.340 Severability 21.04.010 Adopted - Authority A. The City adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11-904. This chapter contains the City's SEPA procedures and policies. B. The SEPA rules contained in WAC Chapter 197-11 must be used in conjunction with this chapter. 21.04.020 General provisions - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference: 197-11-040 Definitions 197-11-050 Lead agency 197-11-055 Timing of the SEPA process 197-11-060 Content of environmental review 197-11-070 Limitations on actions during SEPA process 197-11-080 Incomplete or unavailable information 197-11-090 Supporting documents 197-11-100 Information required of applicants (Opd 1331 1984) 21.04.030 Definitions - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference, as supplemented in this chapter: 197-11-700 Definitions 197-11-702 Act 197-11-704 Action 197-11-706 Addendum 197-11-708 Adoption 197-11-710 Affected tribe 197-11-712 Affecting 197-11-714 Agency 197-11-716 Applicant 197-11-718 Built environment 197-11-720 Categorical exemption 197-11-722 Consolidated appeal 197-11-724 Consulted agency 197-11-726 Cost -benefit analysis 197-11-728 County/City 197-11-730 Decision maker 197-11-732 Department 197-11-734 Determination of Non -Significance (DNS) 197-11-736 Determination of Significance (DS) 197-11-738 EIS 197-11-740 Environment 197-11-742 Environmental checklist 197-11-744 Environmental document 197-11-746 Environmental review 197-11-748 Environmentally sensitive area Produced by the City of Tukwila, City Clerk's Office Page 21-2 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 197-11-750 197-11-752 197-11-754 197-11-756 197-11-758 197-11-760 197-11-762 197-11-764 197-11-766 197-11-768 197-11-770 197-11-772 197-11-774 197-11-776 197-11-778 197-11-780 197-11-782 197-11-784 197-11-786 197-11-788 197-11-790 197-11-792 197-11-793 197-11-794 197-11-796 197-11-797 197-11-799 Expanded scoping Impacts Incorporation by reference Lands covered by water Lead agency License Local agency Major action Mitigated DNS Mitigation Natural environment NEPA Non -project Phased review Preparation Private project Probable Proposal Reasonable alternative Responsible official SEPA Scope Scoping Significant State agency Threshold determination Underlying governmental action (Ord. 1331 §27, 1984) 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 area": see TMC 21.04.300 and TMC Chapter 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 ap- proval 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, as now adopted or hereafter amended by the Department of Ecology. (Op . 23 , 2023; Opd 1770 §86 996; Opd 1599 7(), 1991; Opd 1344 , 1985; Opd 1331 §3, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-3 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS A. For thocc proposals for which thc City is a Icad agcncy, thc rccponciblc official shall bc thc Community Dcvclopmcnt Oircctor or thcir dccigncc or ouch othcr percon as thc Mayor may dccignatc in writing. B. For all proposals for which thc City is a Icad agcncy, the rccponciblc official shall make thc thrcchold dctcrmination, Impact Statcmcnt (EIS), and perform any othcr functions ascigncd to thc Icad agcncy or rccponciblc official by thocc ccctions of thc SEPA Rulcs that havc bccn adoptcd by rcfcrcnoc. (Ord. 2711 §3, 2023; Ord. 1344 §2, 1985; Ord. 1331 §4, 1984) 21.04.060 Lc1ad agcncy Dctcrmination RespensitAities A. Thc rccponciblc official shall dctcrminc thc Icad agcncy for that proposal undcr WAC 197 11 050 and WAC 197 11 922 through 197 11 940, unlcsc thc Icad agcncy has bccn prcvioucly dctcrmincd or thc rccponciblc official is awarc that anothcr dcpartmcnt or agcncy is in thc proccsc of dctcrmining thc Icad agcncy. $. Whcn thc City is not thc Icad agcncy for a proposal, all dcpartmcnts of thc City shall ucc and concidcr as appropriatc cithcr thc Dctcrmination of Non Significancc (DNS) or thc final EIS of thc Icad agcncy in making dccicions on thc proposal. No City dcpartmcnt shall prcparc or rcquirc prcparation of a DNS or EIS in addition to that prcparcd by thc Icad agcncy unlcsc thc City dctcrmincs a cupplcmcntal cnvironmcntal rcvicw is ncocscary undcr WAC 197 11 600. C. If thc City, or any of its dcpartmcnt3, rcccivc3 a Icad agcncy dctcrmination madc by anothcr agcncy that appcara inconaiatcnt with thc critcria of WAC 197 11 922 through 197 11 040, it may objcct to thc dctcrmination. Any objcction mu3t bc madc to thc agcncy originally making thc dctcrmination and rcaolvcd within 15 days of rcccipt of thc dctcrmination, or thc City mu3t pctition thc Dcpartmcnt of Ecology for a Icad agcncy dctcrmination undcr WAC 197 11 946 within thc 15 day timc period. Any such pctition on bchalf of thc City may bc initiatcd by thc rccponciblc official or Mayor. D. Thc rccponciblc official is authorizcd to make agrccmcnt ac to Icad agcncy ctatuc or charcd Icad agcncy'c dutic3 for a proposal undcr WAC 197 11 942 and 197 11 944. E. Thc rccponciblc official shall rcquirc cufficicnt information from thc applicant to idcntify othcr agcncicc with jurisdiction. (sac. 1344 §3, 1985,° Ord, 1331 §5, 1984) 21.04.070 Lc1ad agcncy Transfcr of status to State For any proposal for a privatc projcct whcrc thc City would bc thc Icad agcncy and for which one or morc Statc agcncics havc jurisdiction, thc City may cicct to trancfcr thc Icad agcncy duticc to thc Statc agcncy. Thc Statc agcncy with jurisdiction appcaring first on thc priority list in WAC 197 11 936 shall bc thc Icad agcncy. To trancfcr Icad agcncy dutics, thc rccponciblc official must transmit a noticc of thc trancfcr, togcthcr with any rcicvant information availablc on thc proposal, to thc appropriatc State agcncy with jurisdiction. Thc rccponciblc official shall also givc noticc of thc trancfcr to thc privatc applicant and any othcr agcncics with jurisdiction ovcr thc proposal. ph 1344 44, 1985; Dci. 1331 44, 1984) 21.04.080 Categorical exemptions and threshold determinations - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11 and RCW 43.21 C.410, as now existing or as may be amended hereafter, by reference as supplemented in this chapter: 197-11-300 Purpose of this part 197-11-305 Categorical exemptions 197-11-310 Threshold determination required 197-11-315 Environmental checklist 197-11-330 Threshold determination process 197-11-335 Additional information 197-11-340 Determination of Non -Significance (DNS) 197-11-350 Mitigated DNS 197-11-355 Optional DNS process 197-11-360 Determination of Significance (DS)/initiation of scoping 197-11-390 Effect of threshold determination 43.21C.410 Battery Charging and exchange station installation (Ord. 2324 § 14, 2011; Ord, 2173 § 9, 2007; Oat 9339 §95 1984) 21.04.100 Categorical exemptions - Adoption by reference The City adopts the following rules for categorical exemption of WAC Chapter 197-11, as now existing or as may be amended hereafter, by reference, as supplemented in this chapter: 197-11-800 Categorical exemptions 197-11-880 Emergencies 197-11-890 Petitioning DOE to change exemptions (rd. 1331 §23, 19 4) Produced by the City of Tukwila, City Clerk's Office Page 21-4 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 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; 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). (Ord, 23 , 2023; Ord, 2502 , 2016; Ord, 2 33 , 2003, Ord, 1344 3, 1985;Ord„ 1331 §11, 1984) 21.04.120 Categorical exemptions - Determination A. When the City receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. B. In determining whether or not a proposal is exempt, the responsible official shall made certain the proposal is properly defined and shall identify the governmental license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the consideration is exempt. C. If a proposal includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The City shall not give authorization for: a. Any nonexempt action; b. Any action that would have an adverse environmental impact; or c. Any action that would limit the choice of reasonable alternatives. 2. The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved; and 3. The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Op1331, 1984) 21.04.130 Threshold determination - Review at conceptual stage A. If the City's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. B. In addition to the environmental documents, an applicant may be required to submit the following information: 1. Conceptual site plans and building plans; 2. Other information as the responsible official may determine; 3. Environmentally sensitive areas studies as described in TMC 21.04.140 for sensitive areas. (Old. /599 §7(2), 1991; Old: 1344 §5, 985,° Old. 1331 §9, 984) Produced by the City of Tukwila, City Clerk's Office Page 21-5 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 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. B. If the site is an environmentally critical area, a critical area study that meets the requirements of TMC Chapter 18.45 may be required. The SEPA official may waive any study requirements determined to be unnecessary for review of a particular use or application. 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 TMC Section 18.45.040.E. C. 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. D. 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. E. 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, 2711 ?, 2023; Ord, 1599 7(3, 1991; Ord, 1344 §71 1985; Ord 1331 13, 1984) 21.04.150 Threshold determinations - Mitigated DNS A. The responsible official may issue a Determination of Non -Significance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. B. An applicant may request in writing early notice of whether a Determination of Significance (DS) is likely. The request must: 1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and 2. Precede the City's actual threshold determination for the proposal. C. The responsible official's written response to the request for early notice shall: 1. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the City to consider a DS; and 2. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified proposal. 1. If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a Determination of Non -Significance if the City determines that no additional information or mitigation measures are required. 2. If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate. 3. The applicant's proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific. 4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. E. The City shall not act upon a proposal for which a mitigated DNS has been issued for 15 days after the date of issuance. F. Mitigation measures incorporated in the mitigated DNS shall deemed conditions of approval of the licensing decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the City. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued. G. If the City's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigation DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11- 340(3)(a) relating to the withdrawal of a DNS. H. The City's written response under 21.04.150C shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 1599 §7(4), 1991; Opt: 1344 §8, 1985; Ord„ 1331 §14, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-6 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.156 Designating a development as a planned action A. The Director of the Department of Community Development shall be authorized to designate a specific development proposal which is eligible to be a planned action, has mitigated all of its significant adverse impacts, and is consistent with the Comprehensive Plan, as a planned action. B. This designation shall be final, with no administrative appeals. (Ord, 1853 §8, 1998) 21.04.158 Planned action development review process Designation of a planned action would relieve the application from any SEPA review including a threshold determination, any final threshold determination, public notice of SEPA action, and any administrative appeals. A notice of complete application would NOT be sent for Type 1 applications which choose the planned action option. (Op . 1853 9, 1998) 21.04.170 EIS - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference as supplemented by this chapter: 197-11-400 Purpose of EIS 197-11-402 General requirements 197-11-405 EIS types 197-11-406 EIS timing 197-11-408 Scoping 197-11-410 Expanded scoping 197-11-420 EIS preparation 197-11-425 Style and size 197-11-430 Format 197-11-435 Cover letter or memo 197-11-440 EIS contents 197-11-442 Contents of EIS on non -project proposals 197-11-443 EIS contents when prior non -project EIS 197-11-444 Elements of the environment 197-11-448 Relationship of EIS to other considerations 197-11-450 Cost -benefit analysis 197-11-455 Issuance of DEIS 197-11-460 Issuance of FEIS (Ord. 1331 §15, 1984) 21.04.180 EIS - Preparation A. Preparation of draft EIS's (DEIS) and final EIS's (FEIS) and supplemental EIS's(SEIS) shall be under the direction of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that it complies with this chapter and WAC Chapter 197-11. B. The DEIS and FEIS or SEIS shall be prepared at the City's option by the City staff, the applicant, or by a consultant approved by the City. If the responsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the City's procedure for EIS preparation, including approval of the draft and final EIS prior to distribution. C. The City may require an applicant to provide information the City does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency; provided, however, this does not apply to information the City may request under another ordinance or statute. (r.13 9,1985, Opd.1331 15,198) 21.04.185 Timc for prcparation Unlcsc a diffcrcnt timc limit is agrccd to by thc Department and thc applicant, thc timc limit for completion of environmental impact statements for purposes of TMC 18.104.130 shall bc 365 calendar days from thc datc of is cuancc of a Declaration of Significance. Thc following periods shall bc excluded from this 365 day period: 1. Any period of timc during which thc applicant has bccn requested by any City dcpartmcnt, agency or hearing body with jurisdiction over some aspect of thc EIS to correct plans, perform required studies, or provide additional information. Thc period shall bc calculated from thc datc thc applicant is notificd of the nccd for additional information until thc carlicr of (a) thc datc the dcpartmcnt, agency or hearing body dctcrmincs whcthcr thc additional information satisfies thc request, or (b) 14 days after thc datc thc information hao bccn provided to thc dcpartmcnt, agency or hcaring body. If thc dcpartmcnt, agency or hcaring body dctcrminco that thc action by thc applicant io inoufficicnt, it ohall notify thc applicant of thc dcficicncico and thc proccdurco of thin ocction ohall apply ao if a new rcqucot for information had bccn made. 2. Any additional timc period for preparation of thc CIS agreed upon by thc Department and thc applicant. (DO 1770 483, 199 ) Produced by the City of Tukwila, City Clerk's Office Page 21-7 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.190 EIS - Additional elements The following additional elements may be part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function of purpose under this chapter: 1. Economy; 2. Social policy analysis; 3. Cost -benefit analysis; 4. Such other elements as may be required by the responsible official. (Ord. 133141 , 1984) 21.04.200 EIS - Commenting - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference as supplemented in this chapter: 197-11-500 Purpose of this part 197-11-502 Inviting comment 197-11-504 Availability and cost of environmental documents 197-11-508 SEPA Register 197-11-535 Public hearings and meetings 197-11-545 Effect of no comment 197-11-550 Specificity of comments 197-11-560 FEIS response to comments 197-11-570 Consulted agency costs to assist lead agency (Ord. 1331418, 1984) 21.04.210 Public Notice Proccdurc A. Whcncvcr public noticc is rcquircd, thc City shall follow thc proccdures cct forth in this scation. B. Public noticc will bc givcn in thc following situations: 1. Whcn thc City iscucs an Optional Dctcrmination of Non Significancc (ODNS) per WAC 197 11 355; 2. Whcn thc City iscucs a Dctcrmination of Non Significancc (DNS) per WAC 197 11 340; 3. Whcn thc City iscucs a Mitigatcd Dctcrmination of Non Significancc (MDNS) per WAC 197 11 350; 1. Whcn thc City iscucs a Dctcrmination of Significancc (DS) to commcnac cooping per WAC 197 11 360; 5. Whcn a draft EIS (DEIS) is iscucd per WAC 197 11 466i 6. Whcncvcr thc City holds a public hearing pursuant to WAC 197 11 535, providcd that if thc projcct rcquirc3 a Typc 3, 4 or 5 dcci3ion Such hcaring 3ha11 bc con3olidatcd with thc public hcaring on thc mcrit3 of thc projcct; or 7. Whcncvcr thc rc3pon3iblc official dctcrminc3 that public noticc i3 rcquircd. C. Thc thrc3hold dctcrmination 3ha11 bc 3cnt to thc applicant, partic3 of rccord and agcncic3 with jurisdiction, and po3tcd to thc SPA Rcgi3tcr per WAC 197 11 508 for thc projccta Ii3tcd undcr 3ub3cction B abovc. Public noticc of thc thrc3hold dctcrmination shall bc madc availablc on thc City'3 wcb3itc, or owing one of thc noticc proccdurc3 act forth in WAC 197 11 510. D. Thc City may rcquirc an applicant to compcn3atc thc City for thc costa of compliancc with thc public noticc rcquircmcnt3 for thc applicant's proposal and/or providc 3crvicc3 and matcrial3 to 033i3t. (Ord. 2743 42, 2024; 0r"r). 2374 41, 2012; 0r"rd. 1770 484, 1998; 0r"rd. 1344 410, 1985; 0r"6: 1331 419, 1984) 21.04.220 Consulted agency responsibilities - Official designated A. The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping and reviewing of a draft EIS. B. The responsible official shall be responsible for the City's compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. (Ord. 1331434, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-8 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.230 Using existing environmental documents - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference: 197-11-600 When to use existing environmental documents 197-11-610 Use of NEPA documents 197-11-620 Supplemental environmental impact statements 197-11-625 Addenda - Procedures 197-11-630 Adoption - Procedures 197-11-635 Incorporation by reference - Procedures 197-11-640 Combining documents (Ord. 1331 §21, 1984) 21.04.240 SEPA - Decisions - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference: 197-11-650 Purpose of this part 197-11-655 Implementation 197-11-660 Substantive authority and mitigation 197-11-680 Appeals 197-11-700 Definitions (Ord. 1331 323, 1984) 21.04.250 SEPA - Decisions - Substantive authority A. The City may attach conditions to a license or approval for a proposal so long as: 1. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter; and 2. Such conditions are in writing; and 3. Such conditions are reasonable and capable of being accomplished; and 4. The City has considered whether other local, State or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies in TMC 21.04.270 and cited in the permit, approval, license or other decision document. B. The City may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS; and 2. A finding is made that there are no reasonable mitigation measures that are insufficient to mitigate the identified impact; and 3. The denial is based on one or more policies identified in TMC 21.04.270 and identified in writing in the decision document. (Op1331 §23,1984) 21.04.260 SEPA- Compliance - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference, as supplemented in this chapter: 197-11-900 Purpose of this part 197-11-902 Agency SEPA policies 197-11-916 Application to ongoing actions 197-11-920 Agencies with environmental expertise 197-11-922 Lead agency rules 197-11-924 Determining the lead agency 197-11-926 Lead agency for governmental proposals 197-11-928 Lead agency for public and private proposals 197-11-930 Lead agency for private projects with one agency with jurisdiction 197-11-932 Lead agency for private projects requiring licenses for more than one agency, when one of the agencies is a county/city 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/ city, and one or more State agencies 197-11-936 Lead agency for private projects requiring licenses from more than one State agency 197-11-938 Lead agencies for specific proposals 197-11-940 Transfer of lead agency status to a State agency 197-11-942 Agreements on lead agency status 197-11-944 Agreements on division of lead agency duties 197-11-946 DOE resolution of lead agency disputes 197-11-948 Assumption of lead agency status (Op1331329 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-9 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.270 SEPA - Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan 2. Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan 4. International Building Code 5. Long Range Parks and Open Space Plan 6. Sanitary Sewer Comprehensive Plan 7. Shoreline Master Plan 8. Sidewalk Ordinance 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction 12. Subdivisions and Plats — TMC Title 17 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan 15. Zoning Code — TMC Title 18 (Ord. 2502 § , 2013, Opd. 1757 , 1995,. Opd. 1599 §7(5), 1991, Opd. 1344 §14, 1985,° Opd. 1331 34, 1984) 21.04.280 Appc%ala A. In thc cvcnt that thc Dcpartmcnt iscucs a Mitigated Determination of Non Significance (MDNS), any party of record may file an appcal challenging cithcr thc conditions, which wcrc imposed, or thc failure of thc Dcpartmcnt to impose additional conditions. No othcr administrative SEPA appcal shall bc allowed. E. At thc timc thc appcal is filcd, thc appcaling party shall pay an appcal fcc pursuant to thc fcc schedule. C. All appcals filcd pursuant to this section must bc filcd in writing with thc Dcpartmcnt within 14 calendar days of thc date of the decision appcalcd from. O. All appcals pursuant to this section shall bc consolidated with thc public hearing on thc mcrits of a Typc 3, 4 or 5 decision. In thc cvcnt that an appcal related to a Typc 2 decision is filcd pursuant to this section, such appcal shall bc consolidated with or appcal on thc mcrits of thc application. No appcals pursuant to this section shall bc permittcd for proposals which involve only Typc 1 decisions. E. Thc substantive and procedural determination by the City's responsible official shall carry substantial wcight in any appcal procccding. (Ord. 2120 §5, 2006; Ord, 1770 §85, 1996; Ord, 1344 §11, 1985; Ord, 1331 §25, 1984) 21.04.290 Noticc Statutc of limitations A. Thc City shall give official notice whenever it iscucs a permit or approval for which a statute or ordinance establishes a timc limit for commencing judicial appcal. $. Thc City, applicant for, or proponcnt of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. 1. Thc form of thc notice of action shall bc substantially in thc form provided in WAC 197 11 990. 2. Thc notice of action shall bc published by thc City Clerk, applicant or proponcnt pursuant to RCW 43.21C.080. . 1344 412, 1985, Dci. 1331 426, 984) 21.04.300 Environmentally sensitive areas A. Environmentally critical areas designated on the zoning maps, and/or as defined in TMC Section 18.45.030 as of the effective date of the ordinance from which this section derives and as thereafter amended, designate the locations of environmentally critical 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 critical 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 critical area, all categorical exemptions within WAC 197-11-800 are applicable. B. The City shall treat proposals located wholly or partially within an environmentally critical 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 critical 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. 2711 § 1 , 2023, Opd. 1608 § , 1991, Opd. 1599 §7(6), 1991, Opd. 1344 § 13, 1985, Opd: 1331 §3 , 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-10 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.310 Fcc3 Thc City shall rcquirc thc following fccs for its activitics in accordance with thc provisions of this ahaptcr: 1. Thrcchold Dctcrmination. For cvcry environmental ohcaklict thc City will rcvicw whcn it is Icad agcncy, thc City shall oollcat a fcc according to thc adoptcd Land Ucc Fcc Schedule from thc proponcnt of thc proposal prior to undertaking thc threshold dctcrmination; providcd that no fcc shall bc ahargcd to or collected from thc proponents of any proposal for annexation to thc City, and thc City shall rcvicw such checklists without ahargc. Whcrc paymcnt of a fcc is rcquircd, thc time periods providcd by this ahaptcr for making a threshold dctcrmination shall not begirt to run until paymcnt of thc fcc is rcocivcd by thc City. 2. Environmental Impact Statcmcnt. a. Whcn thc City is thc Icad agcncy for a proposal requiring an LIS and thc responsible official dctcrminc3 thc LID ohall bc prcparcd by employees of thc City, thc City may charge and collcct a reasonable fcc from any applicant to covcr coats incurrcd, including overhead, by thc City in preparing thc EIS. The responsible official 3ha11 adviac thc applicant of thc projcctcd coats for thc LIS prior to actual preparation. b. Thc responsible official may dctcrminc that the City will contract dircctly with a consultant for preparation of or EIS, or a portion of thc EIS, for activitics initiated by aomc peraona or cntity othcr than thc City, and may bill such costa and cxpcnaca dircctly to thc applicant. Such conaultanta 3ha11 bc selected by the City. Also, thc City will charge an administrative fcc in addition to thc consultant fcc3, according to thc adoptcd Land Uac Fcc Schcdulc. c. Thc applicant shall pay thc projcctcd amount to thc City prior to commcncing work. Thc City will rcfund thc CXCC33, if any, at thc completion of thc EIS. If thc City'3 costa cxcccd the projcctcd costa, thc applicant shall immediately pay thc CXCC33. If a proposal is modified 30 that an LIS is no longer rcquircd, the responsible official shall rcfund any fees collcctcd undcr a. or b. of thin subsection which remain after incurrcd costa, including overhead, arc paid. 3. Thc City shall collcct a fcc from an applicant to covcr thc coat of mccting thc public noticc rcquircmcnt3 of thin chapter minting to thc applicant's proposal according to thc adoptcd Land Uac Fcc Schcdulc. 1. Thc City may charge any peraon for copic3 of any doaumcnt prcparcd undcr this ahaptcr, and for mailing thc doaumcnt, in a manncr providcd by ahaptcr 42.17 RCW. lord. 2711 411, 2023, Dd 1650 41, 1992, 0,0. 1576 §§, 1990, r . 1425 41, 1987, 0,0: 1331 431, 1984) 21.04.320 Forms Adoption by rcfcrcncc Thc City adopts thc following forms and ccations of WAC Chaptcr 197 11, as now cxicting or as may bc amended hereafter, by rcfcrcnoc: 197 11 960 Environmcntal ohcaklict 197 11 965 Adoption notioc 197 11 970 Dctcrmination of Non Signifiaanac (DNS) 197 11 980 Dctcrmination of Signifiaanac and cooping notioc (DS) 197 11 985 Notioc of assumption of Icad agcncy statue 197 11 990 Notioc of action (Ord. 1331 §32, 21.04.340 Severability If any section, sentence, clause or phrase of this chapter, including any section adopted by reference, should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or any other section adopted by reference. (Ord. 1331 §35, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-11 RETURN TO TITLE TITLE 21 — ENVIRONMENTAL REGULATIONS CIINAPIER 21 .0 IIII"T1IOIIIIG CIIIIIIII 'TT IEIIIIIIIIA IIFOIIIR II.1AZ'AIIRIIDOVUS WASTE TIIRIEA" `1-+'y'IE IIII° . AND STORAGE IIFACIIIIE_IIII" 1111IEa ecctions: 21.08.010 Statc critcria adoptcd 21.08.020 Spccific siting critcria 21.08.010 Statc critcria adoptcd Siting critcria for on cite and off cite hazardous wactc treatment and ctoragc faailitics act forth in RCW 70.105 arc adopted. (Ord„ 1489 §4, 1988) 21.08.020 Spccific siting critcria Siting critcria for on cite and off cite hazardous wactc treatment and ctoragc faailitics in thc City shall bc as act forth in Tablc 1. TABLE 1 TI IVWII A SITING CRITERIA FOR HAZARDOUS WASTE TREATMENT ANTI STORAGE FACII ITIES CRITERIA 18.06.420 OFF SITE 18.06.415 Structural Stability Unstable slopes/soils Coastal flooding Surfacc Watcr Quality Protcction Proximity to ncarest surface watcr F[MA 100 year flood zone Shorclincs of statcwidc significance Protcction of Domcstic Watcr 200 fcct x x x x 1/4 mile x 1/2 mile Watcrshcdo 1/2 mile 1/2 mile Distancc to ground watcr intake Air Quality Protcction Ambicnt air quality Sensitive Arcu Protcction 1/4 mile 1/2 mile Thrcatcncd and cndangcrcd spccico Wctlando x x x 1/4 mile Statc shorelines x Parks and rccrcational arcs x 1/4 mile Archacological and historic areas and national monumcnto x 1/4 mile Transportation Routca Traffic flow and opacity* Safcty standards for transport routcJ /1 djaccnt Land Usc Considerations Cuffcr zone 200 fcct Minimum distance from residential zone/ residences 750 ft/ 1/2 mile/ Motcls and hotels 100 fcct 500 fcct Minimum distance from occupicd structurcJ 100 fcct 1/2 mile Agricultural lands/ agricultural 500 fcct 500 fcct Public gathering place 750 fcct 750 fcct Host Community Considerations Utilities and public services Costs for cmcrgcncy scrviccJ X A proposcd facility is prohibitcd from siting undcr thin critcrion. M Mitigation mcasures rcquircd to sitc in this area. Hazardous substancc land uscs shall bc prohibitcd from using traffic routcs which pass through residential zoncs. In thc event that Tukwila's hazardous wactc siting critcria conflict with development critcria of cpccific zoning districts or citing critcria to bc developed and adoptcd by thc Statc of (Ord„ 1489 §4, 1988) Produced by the City of Tukwila, City Clerk's Office Page 21-12 RETURN TO TITLE