HomeMy WebLinkAboutOrd 1608 - Sensitive Areas and SEPA (State Environmental Policy Act) RequirementsWashington
Cover page to Ordinance 1608
The full text of the ordinance follows this cover page.
AN 0 " DIN ' N E OF -THE CITY OF T 'K:' ILA, WASHINGTON
AMENDING CERTAIN PROVISIONS OF ORDINA,1 E NO. 1599
RELATING TO SENSITIVE AREAS AND SEPA REQUIRE N S,
AND AMENDING TUKWILA MUNICIPAL ODE CHAPTERS 1,.8
AND.1
Ordinance 1608 was amended or repealed by the
following ordinances.
,ion(s) Amended
2
fended by Ord #
2711
tion(s) Repeale+
1 3 4 5 7
Repealed by Ord #
1758
i kts
O
1908
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. A7 0 8'
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON
AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 1599
RELATING TO SENSITIVE AREAS AND SEPA REQUIREMENTS,
AND AMENDING TUKWILA MUNICIPAL CODE CHAPTERS 18
AND 21.
WHEREAS, the Planning Commission and the City Council have previously considered at length
the regulation of development on and around sensitive areas within the City of Tukwila; and
WHEREAS, the City Council enacted Ordinance No. 1599 relating to sensitive areas on June 10,
1991; and
WHEREAS, the amendments set forth below are necessary to correct and clarify various provisions
of Ordinance No. 1599 as originally adopted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Chanter 18.45.080 Uses and Standards. Tukwila Municipal Code Chapter
18.45.080.E.4.A is hereby amended to read as follows:
4. Geotechnical Report:
a. The applicant shall submit a Geotechnical Report appropriate to both the site conditions
and the proposed development. A geotechnical investigation shall be required for
development in Class 2, Class 3, Class 4 areas, and any areas identified as seismic or coal
mine hazard areas unless waived pursuant to TMC 18.45.020.F.2.
b. Geotechnical reports for Class 2 areas shall include at a minimum a site evaluation
review of available information regarding the site and a surface reconnaissance of the site
and adjacent areas. Subsurface exploration of site conditions is at the discretion of the
geotechnical consultant.
c. Geotechnical reports for Class 3, Class 4 and Coal Mine Hazard areas shall include a site
evaluation review of available information about the site, a surface reconnaissance of the
site and adjacent areas, and a subsurface exploration of soils and hydrology conditions.
Detailed slope stability analysis shall be done if the geotechnical consultant recommends
it in Class 3 or Coal Mine Hazard areas, and must be done in all Class 4 areas.
d. Seismic hazard areas shall include an evaluation of site response and liquefaction
potential for the proposed development area. For one or two story single family
dwellings this evaluation may be based on the performance of similar structures under
similar foundation conditions. For proposed developments including occupied structures
other than one and two story single family dwellings, the evaluation shall include
sufficient subsurface exploration to provide a site coefficient (S) for use in the static
lateral force procedure described in the Uniform Building Code.
e. Applicants shall retain a Geotechnical Engineer to prepare the reports and evaluations
required in this Section. The Geotechnical Report and completed Site Evaluation
checklist shall be prepared in accordance with the generally accepted geotechnical
practices, under the supervision of and signed and stamped by the Geotechnical
Engineer. The report shall be prepared in consultation with the appropriate City
department. Where appropriate, a Geologist must be included as part of the geotechnical
consulting team. The report shall make specific recommendations concerning
development of the site.
f. The geotechnical engineers required under this section must meet the qualification
standards approved by the Director of DCD. Applicants shall provide a list of
qualifications of the firm or individuals who will be doing the technical studies, and
those shall be approved by the Director of DCD. If the engineers' credentials are not
sufficient, the City may require applicants to use a different engineer or firm which does
meet the City's standards.
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g.
The opinions and recommendations contained in the report shall be supported by field
observations and, where appropriate or applicable, by literature review, conducted by the
Geotechnical Engineer which shall include appropriate explorations, such as borings or
test pits, and an analysis of soil characteristics conducted by or under the supervision of
the engineer in accordance with standards of the American Society of Testing and
Materials or other applicable standards. If the evaluation involved geologic evaluations
or interpretations, the report shall be reviewed and approved by a Geologist.
h. An independent review of geotechnical reports will be required per TMC 21.04.140.
Section 2. Chapter 21.04.300 Environmentally Sensitive Areas. Tukwila Municipal Code Chapter
21.04.300 is hereby amended to read as follows:
21.04.300 Environmentally Sensitive Areas.
A. Environmentally sensitive areas designated on the zoning maps and/or as now defined in TMC
18.45.020, or as hereafter amended, designate the locations of environmentally sensitive 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 sensitive areas shall also include
wooded hillsides, and the Green/Duwamish River and its shoreline zone as defined by the
Tukwila Master Program. For each environmentally sensitive area, all categorical exemptions
within WAC 197 -11 -800 are applicable.
B. The City shall treat proposals located wholly or partially within an environmentally sensitive
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 sensitive 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.
Section 3. Chanter 18.45.040(B) Special Buffer Studies. Tukwila Municipal Code Chapter
18.45.040 is hereby amended to read as follows:
18.45.040 Sensitive Area Buffers.
A. General.
1. Any land alteration must be located out of the buffer areas as required by this section.
Buffers in general are intended to:
a. Minimize long -term impacts of development on properties containing Sensitive
Areas;
b. Protect Sensitive Areas from adverse impacts during development;
c. Preserve the edge of the Sensitive Area for its critical habitat value; and
d. Prevent loading of potentially unstable slope formations.
Land alteration is permitted for public access, supplemental planting and approved land
uses of 18.45.080.
An undisturbed sensitive area or buffer may substitute for the yard setback and landscape
requirements of TMC 18.50 and 18.52.
2. Wetland and Watercourse Buffers are intended to:
a. Provide shading to maintain stable water temperatures and vegetative cover for
additional wildlife habitat;
b. Provide input of organic debris, and uptake of nutrients;
c. Provide an area to stabilize banks, to absorb overflow during high water events, and
to allow for slight variation of aquatic system boundaries over time due to
hydrologic or climatic effects;
d. Reduce erosion and increased surface water runoff;
e. Reduce loss of or damage to property;
f. Intercept fine sediments from surface water runoff and serve to minimize water
quality impacts;
2
g. Preserve the edge for its habitat value; and
h. Protect the sensitive area from human and domestic animal disturbance.
3. Buffers for Areas of Potential Geologic Instability are intended to:
a. Protect slope stability;
b. Provide erosion control and attenuation of precipitation surface and storm water
runoff;
c. Reduce loss of or damage to property; and
d. Preserve the natural character of wooded hillsides where they exist.
B. Special Buffer Studies.
Applicants for a use or development on a legal lot of record within a sensitive area maximum
buffer shall be required to conduct a sensitive area study to provide a buffer analysis for the
sensitive area. This study may be waived by the DCD Director pursuant to 18.45.020 F.2.
C. Ratings and Buffer Width.
Ratings and appropriate buffers for wetlands and watercourses are listed below.
1. For wetlands:
a. Type 1 100 -foot wide buffer
b. Type 2 50 -foot wide buffer
c. Type 3 25 -foot wide buffer
2. For watercourses, the buffer shall be as follows:
a. Type 1 70 -foot wide buffer
b. Type 2 35 -foot wide buffer
c. Type 3 15 -foot wide buffer
3. Setbacks:
a. All commercial and industrial developments shall be set back 15 feet and all
residential development shall be set back 10 feet. This setback shall be measured
from the foundation to the buffer's edge.
b. The Director of DCD may waive setback requirements when a site plan
demonstrates there will be no impacts to the buffer zone.
4. Variation of Standard of Creation of Variable Width Wetland/Watercourse Buffers:
a. The DCD Director may reduce the standard wetland/watercourse buffers on a case
by -case basis, provided the buffer does not contain slopes 15% or greater. The
approved buffer width shall not result in greater than a 50 percent reduction in
width, and the reduced buffer shall not be less than 15 feet for wetlands and 10 feet
for watercourses. Any buffer reduction proposal must demonstrate to the
satisfaction of the DCD Director that it will not result in direct or indirect, short-
term or long -term adverse impacts to wetlands or watercourses, and that:
(1) The buffer is vegetated and includes an enhancement plan as may be required
to improve the buffer function and value; or
(2) If there is no significant vegetation in the buffer, a buffer may be reduced only
if an enhancement plan is provided. The plan must include using a variety of
native vegetation that improves the functional attributes of the buffer and
provides additional protection for the wetland or watercourse functions and
values.
b. Buffers for all types of wetlands and watercourses will be increased when they are
determined to be particularly sensitive to disturbance or the proposed development
will create unusually adverse impacts. Any increase in the width of the buffer shall
be required only after completion of a wetland or watercourse study by a qualified
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(2) The area serves as habitat for endangered, threatened, sensitive or monitor
species listed by the federal government or the State of Washington.
c. Every reasonable effort shall be made to maintain the existing viable plant life in
the buffers. Vegetation may be removed from the buffer as part of an enhancement
plan approved by the Director of DCD. Enhancements will ensure that slope
stability and wetland and watercourse quality will be maintained or improved. Any
disturbance of the buffers for wetlands or watercourses shall be replanted with a
diverse plant community of native northwest species that are appropriate for the
specific site as determined by the DCD Director.
If the vegetation must be removed, or because of the alterations of the landscape the
vegetation becomes damaged or dies, then the applicant for permit must replace
existing vegetation along wetlands and watercourses with comparable specimens,
approved by the DCD Director, which will reproduce the existing buffer value
within 5 years.
d. The DCD Director shall require subsequent corrective actions and long -term
monitoring of the project if adverse impacts to regulated wetlands, watercourses or
their buffers are identified.
D. Areas of Potential Geologic Instability.
1. Each development proposal for a legal lot of record containing an area of potential
geologic instability shall be subject to a geotechnical report pursuant to the requirements
of Sections 18.45.060 and 18.45.080(6). The geotechnical report shall analyze and make
recommendations on the need for and width of any buffers necessary to achieve the goals
and requirements of this ordinance. Development proposals shall then include the buffer
distances as defined within the geotechnical report.
2. Buffers may be increased by the DCD Director when an area is determined to be
particularly sensitive to the disturbance created by a development. Such a decision will
be based on a City review of the report as prepared by a qualified geotechnical consultant
and by a site visit.
Section 4. Chanter 18.45.060 Procedures. Tukwila Municipal Code Chapter 18.45.060 is hereby
amended to read as follows:
18.45.060 Procedures.
wetlands specialist or expert which documents the basis for such increased width.
An increase in buffer width may be appropriate when:
(1) The development proposal has the demonstrated potential for significant
adverse impacts upon the wetland or watercourse which can be mitigated by
an increased buffer width; or
General: When an applicant submits an application for any building permit, subdivision, short
subdivision or any other land use review which approves a use, development or future
construction, the location of any sensitive areas and buffers on the site shall be indicated on the
plans submitted. When a sensitive area is identified, the following procedures apply. The
DCD Director may waive item numbers 1, 2, 4 and 5 of the following if the size and
complexity of the project does not warrant that step in the procedures and the Director grants a
waiver pursuant to TMC 18.45.020.F.2.
1. Sensitive Areas Study and Geotechnical Report: The applicant shall submit the relevant
study as required in TMC 21.04.140 and this chapter.
It is intended that sensitive areas studies and information be utilized by applicants in
preparation of their proposals and therefore shall be undertaken early in the design stages
of a project.
2. Any new residential subdivision, residential short subdivision, residential boundary line
adjustment, or multiple family residential proposal which includes a sensitive area or its
buffer on the site shall apply for a Planned Residential Development permit and meet the
requirements of Chapter 18.46 of the Tukwila Zoning Code.
3. Denial of Use or Development: A use or development will be denied if it is determined
by the DCD Director that the applicant cannot ensure that potential dangers and costs to
future inhabitants of the development, adjacent and local properties, and Tukwila are
minimized and mitigated to an acceptable level.
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4. Pre- development Conference: The applicant, specialist(s) of record, contractor, and
Department representatives will be required to attend pre construction conferences prior
to any work on the site.
5. Construction Monitoring: The specialist(s) of record shall be retained to monitor the site
during construction.
6. The DCD Director may require the boundary between a sensitive area and its buffer and
any development or use to be permanently identified with fencing, or with a wood or
metal sign with treated wood, concrete or metal posts. Size will be determined at the
time of permitting, and wording shall be as follows:
"Protection of this natural area is in your care. Alteration or disturbance is
prohibited pursuant to TMC 18.45. Please call the City of Tukwila for more
information."
Section 5. Chanter 18.45.080 Uses and Standards. Tukwila Municipal Code 18.45.080(A), and
Ordinance 1599 in part, are hereby amended to read as follows:
18.45.080 Uses and Standards.
A. General. The uses set forth in this entire section, including subsections A -H, may be located
within a sensitive area or buffer, subject to the provisions of TMC 21.04 and of this section.
1. Maintenance and repair of existing uses and facilities provided no alteration or additional
fill materials will be placed or heavy construction equipment used in the sensitive area or
buffer.
2. Non destructive education and research.
3. Passive recreation and open space.
4. Maintenance and repair of essential streets, roads, rights -of -way, or utilities.
5. Actions to remedy the effects of emergencies that threaten the public health, safety or
welfare.
Section 6. Refund of SEPA Checklist Fees. The Mayor shall authorize the Finance Director to
refund SEPA Checklist fees received, between the effective date of Ordinance No. 1599 and the effective
date of this ordinance, from applicants now made exempt pursuant to Section 1 of this Ordinance.
Section 7. Chanter 18.45.020 Sensitive Area Designation, Rating methodologies, Classifications
and Annlicabilitv. Tukwila Municipal Code Chapter 18.45.020.F.2 is hereby amended to read as follows:
F. Sensitive Areas Special Studies
1. Required. An applicant for a development proposal that includes sensitive areas, shall
submit those studies as required by the City to adequately identify and evaluate the
sensitive area and its buffers.
2. Waiver. If there is agreement between the Director of DCD and the applicant concerning
the sensitive area classification and type, the Director of DCD may waive the
requirement for sensitive area studies. There must be substantial evidence that the
sensitive areas classification is correct, that there will be no detrimental impact to the
sensitive areas or buffers, and that the goals, purposes, objectives and requirements of
this ordinance will be followed.
3. Review of studies. The Department of Community Development will review the
information submitted in the sensitive area studies to verify the information, confirm the
nature and type of the sensitive area, and ensure the study is consistent with this Chapter.
Section 8. Severabilitv. If any section, sentence, clause or phrase of this ordinance 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 ordinance.
Section 9. Effective Date. This ordinance shall take effect and be in full force five (5) days after
publication of the attached summary which is hereby approved.
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PASSED BY THE CITY COUNCIL OF THE CITY OF
meeting thereof this (.3C Clay of 2 d 199
ATTEST /AUTHENTICATED:
`7_ C 4, e «j :,-7/
Jape E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By C /ti1
FILED WITH THE TY CLERK:
PASSED BY THE TY COUNCIL; q
PUBLISHED• 3— I
EFFECTIVE DATE: o— 1-
ORDINANCE NO.: efg
6
KWILA, WASHINGTON, at a regular
V n Dusen, Mayor
On q0/9/,
the City Council of the City of Tukwila passed Ordinance No /U :��g
amending th Sensitive Areas Ordinance No. 1599 to correct and clarify various provisions of
the ordinance as originally adopted; providing for severability; and establishing an effective
date.
SUMMARY OF ORDINANCE NO. /C'X
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING CERTAIN
PROVISIONS OF ORDINANCE NO. 1599 RELATING TO
SENSITIVE AREAS AND SEPA REQUIREMENTS, AND
AMENDING TUKWILA MUNICIPAL CODE CHAPTERS 18
AND 21.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 5"/30/9'
,da�nk E. Cantu, City Clerk
PUBLISHED: VALLEY DAILY NEWS WEDNESDAY, OCTOBER 9, 1991