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HomeMy WebLinkAboutOrd 1769 - Land Use Permit Consistency and Concurrency Requirements Cover page to Ordinance 1769 The full text of the ordinance follows this cover page. Ordinance 1769 was amended or repealed by the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 1 (part)(part)2043 2500 4 (part) 1 (part), 4 (part)2741 2368 41819 r/ A '�'9S' y rr O f e i ...1908 Tukwila It O f Washington Ordinance No. PERMIT CONSISTENCY AND CONCURRENCY REQUIREMENTS OF RCW CH. 36.70A, ADDING NEW CHAPTERS TO TITLES 9, 14 AND 18 OF THE TUKWILA MUNICIPAL CODE, AMENDING CHAPTERS 18.66 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, REQUIRING A DETERMINATION OF CONSISTENCY WITH ADOPTED PLANS, LAWS AND POLICIES FOR ALL PERMIT APPLICATIONS, ESTABLISHING PROCEDURES TO DETERMINE WHETHER ADEQUATE UTILITY AND TRANSPORTATION FACILITIES ARE AVAILABLE TO SERVE NEW DEVELOPMENT, AUTHORIZING THE IMPOSITION OF MITIGATION CONDITIONS, AMENDING STANDARDS FOR THE REVIEW AND APPROVAL OF SHORELINE SUBSTANTIAL DEVELOPMENT PERMITS, SUBDIVISIONS, AND ADOPTING STANDARDS FOR THE EXPANSION AND ENLARGEMENT OF CERTAIN UNCLASSIFIED USES. WHEREAS, RCW ch. 36.70A requires that no land use permit applications be approved until a determination has been made that the application is consistent with and carries out the objectives of the Comprehensive Plan, Development Regulations and other applicable laws and regulations, and WHEREAS, RCW ch. 36.70A requires that the City implement procedures to assure that utility and transportation capital facilities necessary to support new development are provided in a manner which is concurrent with the occupancy and use of new development; and WHEREAS, the City Council seeks to provide more specific standards for the review of certain land use permits, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDAINS AS FOLLOWS: Statement of Purpose 3 CHAPTER 1 STANDARDS FOR APPROVAL OF PERMITS 3 Section 18.57.010 Determination of Consistency with Adopted Plans and Regulations Type 1 and 2 Decisions 3 Section 1837.020 Determination of Consistency with Adopted Plans and Regulations Appeals of Type 2 Decisions Section 18.57.030 Determination of Consistency with Adopted Plans and Regulations Type 3, 4 and 5 Decisions Section 18.57.040 Additional Findings Reclassifications and Shoreline Redesignations Section 18.57.050 Additional Findings Preliminary Plats 2 3 3 3 4 CHAPTER 2 UTILITY CONCURRENCY STANDARDS. 4 Section 14.36.010 Water Supply Concurrency Determination 4 Section 14.36.020 Sewer System Concurrency Determination 5 Section 14.36.030 Mitigation 5 CHAPTER 3 TRAFFIC CONCURRENCY STANDARDS 6 Section 9.48.010 Determination of Traffic Concurrency Required 6 Section 9.48.020 Exemptions 6 Section 9.48.030 Level of Service Standards 6 Section 9.48.040 Arterial Classification System 7 Section 9.48.050 LOS Standards for Specific Locations 8 Section 9.48.060 Design of Arterial Improvements; Load Limits 8 Section 9.48.070 Traffic Studies Mitigation 8 Section 9.48.080 Mitigation of Traffic Safety Hazards 10 CHAPTER 4 ADDITIONAL STANDARDS FOR UNCLASSIFIED USES 10 Section 18.66.110 Normal upkeep, repairs, and maintenance; replacement of existing structures 10 Section 18.66.120 Expansion of Existing Unclassified Use Animal Rendering Facilities 10 Section TMC 18.66.130 Performance Standards for Rendering Plants 11 Section 18.70.100 Conditional and Unclassified Uses 11 CHAPTER 5 MISCELLANEOUS 12 Section 501 Severability 12 Section 502 Effective date 12 Statement of Purpose The purpose of this Ordinance is to establish standards for the approval of certain land use permit applications in the City of Tukwila. This Ordinance also establish standards for determining whether utility and transportation system improvements necessary to serve new development m the City of Tukwila will be provided concurrently with the occupancy of such new development. These standards are consistent with and adopted pursuant to RCW 36.70.070. CHAPTER 1- STANDARDS FOR APPROVAL OF PERMITS A new chapter 18.57 is added to TMC Title 18 as follows: Section 18.57.010 Determination of Consistency with Adopted Plans and Regulations Type 1 and 2 Decisions When the Department issues a decision on a Type 1 or 2 decision, the Department or hearing body shall determine whether the decision is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. The Department is not required to enter findings of fact or conclusions when issuing Type 1 and 2 decisions, provided that fmdings of fact and conclusions are required for Shoreline Substantial Development permits. Section 18.57.020 Determination of Consistency with Adopted Plans and Regulations Appeals of Type 2 Decisions When a hearing body renders a decision on an appeal of a Type 2 decision, the hearing body shall make and enter fmdings of fact and conclusions from the record which support the decision or recommendation. Such fmdings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. Section 18.57.030 Determination of Consistency with Adopted Plans and Regulations Type 3, 4 and 5 Decisions When a hearing body renders a decision on a Type 3, 4 or 5 decision, and when the Planning Commission makes a recommendation on a Type 4 decision, the hearing body shall make and enter fmdings of fact and conclusions from the record which support the decision or recommendation. Such fmdings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. Section 18.57.040 Additional Findings Reclassifications and Shoreline Redesignations When the City Council makes a decision regarding an application for a reclassification of property or for a shoreline environment redesignation, the decision shall include additional findings which support the conclusion that at least one of the following circumstances applies: A. The reclassification is for the purpose of achieving consistency with the Comprehensive Plan; or 3 interest. B. The applicant has demonstrated with substantial evidence that: 1. Since the adoption of the last version of the Comprehensive Plan or Shoreline Master Program affecting the subject property, authorized public improvements, permitted private development or other conditions or circumstances affecting the subject property have undergone substantial and material change not anticipated or contemplated in the adopted Comprehensive Plan or Shoreline Master Program; 2. The impacts from the changed conditions or circumstances affect the subject property in a manner and to a degree different than other properties in the vicinity such that rezoning or redesignation by means of a generalized amendment to the Comprehensive Plan or Shoreline Master Program is not appropriate; and 3. The requested reclassification or redesignation is required in the public Section 18.57.050 Additional Findings Preliminary Plats When the City Council makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: A. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students walking to and from school; and B. The public use and interest will be served by the platting of such subdivision and dedication. C. If the City Council finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the City Council shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. CHAPTER 2 UTILITY CONCURRENCY STANDARDS. A new Chapter 14.36 is added to TMC Title 14 as follows: Section 14.36.010 Water Supply Concurrency Determination A. All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic water supply and or water for fire flow purposes shall obtain a certificate of water availability from the water purveyor serving the area in which the proposal is located, if the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that the water purveyor has the necessary water rights and the water system capacity, including such water mains, pump stations and other facilities as may be necessary, to provide domestic water service and fire flow meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect combustible construction, whichever is earlier. B. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic water supply from the City of Tukwila shall be referred by the Department of Community Development to the Depaitaient of Public Works, which shall determine whether 4 the City has the necessary water rights and the water system capacity, including such water mains, pump stations and other facilities as may be necessary, to provide domestic water service and fire flow meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect combustible construction, whichever is earlier. If adequate service is not available, the Department of Public Works shall determine and shall advise the applicant of the improvements which are necessary to provide service meeting City standards. Section 14.36.020 Sewer System Concurrency Determination All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic sanitary sewer service shall comply with one of the following: A. Submit proof that the applicant has received approval for an on -site sewage system design from the Seattle -King County Department of Environmental Health in accordance with the rules and regulations of the King County Board of Health. B. Obtain a certificate of sewer availability from the sewer purveyor serving the area in which the proposal is located, if the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that the sewer purveyor has the necessary sewer system capacity, including such sewer mains, pump stations and other facilities as may be necessary, to provide sewer service meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued. C. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will require sanitary sewer service from the City of Tukwila shall be referred by the Department of Community Development to the Department of Public Works, which shall determine whether the City has the necessary sewer system capacity, includmg such mains, pump stations and other facilities as may be necessary, to provide sanitary sewer service meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued. If adequate service is not available, the Department of Public Works shall determine and shall advise the applicant of the improvements which are necessary to provide service meeting City standards. Section 14.36.030 Mitigation A. If water or sewer service to a project requiring such service from the City of Tukwila cannot meet City standards with existing facilities, the applicant shall be required to either: 1. complete the improvements required to provide such level of service; or 2. if the City anticipates that the improvements necessary to meet the City's water and sewer standards will be constructed within six years by a public capital facilities project, the applicant may pay a mitigation payment equal to the applicant's fair share of the cost of the improvements necessary to meet the City's water and sewer standards or In appropriate cases, mitigation may consist of a combination of improvements constructed by the applicant and mitigation payments. B. In the event that the applicant agrees to complete improvements pursuant to subsection A(1), the applicant shall be entitled to apply to enter into a Latecomer Agreement with the City. 5 CHAPTER 3 TRAFFIC CONCURRENCY STANDARDS A new Chapter 9.48 is added to TMC Title 9 as follows Section 9.48.010 Determination of Traffic Concurrency Required A. No Type 1, 2, 3, 4, or 5 decision which is subject to this chapter shall be approved unless a determination is made by the appropriate Department that the standards of this chapter have been met. B. For Type 1 and 2 decisions, the Department of Community Development shall refer the application to the Depai tuient of Public Works, which shall determine whether the application complies with City standards regarding traffic concurrency and, if not, what mitigation is required. C. For Type 3, 4, and 5 decisions, the Department of Community Development shall refer the application to the Depaitinent of Public Works, which shall determine whether the application complies with City standards regarding traffic concurrency and, if not, what mitigation is required. A statement identifying the required mitigation, if any, shall be incorporated into the staff report required by TMC 18.112.020. Section 9.48.020 Exemptions This chapter shall not apply to single family building permits, multi family building permits for projects containing four or fewer units, short plats, or any non residential project that is categorically exempt from SEPA pursuant to TMC 21.04.080, 100, or 110. The Department shall also waive compliance with this chapter for other projects which will not generate new traffic trips. Section 9.48.030 Level of Service Standards A. Level -of- service "LOS gradations for corridors shall be measured with volume to capacity ratios graded from LOS A to LOS F, as provided in subsection B, and intersections shall be measured in average delays at intersections or average travel speeds on corridors, as determined by the Department of Public Works. B. Volume (V) to capacity (C) ratios shall be used to quantify LOS for corridors as follows: LOS Volume /Capacity A up to 0.6 B 0.6 0.7 C 0.7 0.8 D 0.8 0.9 E 0.9 1.0 F greater than 1.0 6 C. The Department of Public Works may, in its discretion, utilize either a standard LOS gradation system or, in the case of intersections that are experiencing high congestion, an expanded LOS gradation system to evaluate. The LOS gradations for intersections, based on average delays are: Level of Service Existing Expanded A <7.5 seconds 7.5 seconds B 7.5 15 seconds 7.5 15 seconds C 15.1 25 seconds 15.1 25 seconds D 25.1 40 seconds 25.1 40 seconds E 40.1 60 seconds 40.1 60 seconds F 60 seconds 60 120 seconds G 120 180 seconds II 180 240 seconds I 240 300 seconds .1 >300 seconds Section 9.48.040 Arterial Classification System A. The Tukwila Functional Arterial Classification System, which is in accord with required Federal and Washington State arterial standards, is as follows: Street Classification Principal Use Access access to abutting property Collector Arterial between access minor Minor Arterial between collector principal Principal Arterial between communities B. The Department of Public Works shall classify all streets in the City in accordance with the classifications in Subsection A. Such classifications shall be reviewed and modified as necessary by the Department from time to time. 7 Section 9.48.050 LOS Standards for Specific Locations A. A minimum LOS standard of E for traffic capacity shall be maintained, based upon a calculation of average LOS, for the following arterial segments: 1. E Marginal Way (S. 112th St. to North City Limit) 2. Interurban (Southcenter Blvd. to 1 -5) 3. Pacific Highway S. (S. 152nd St. to Boeing Access Rd.) 4. West Valley Rd (I -405 to S. 180th St.) 5. Southcenter Parkway south of S. 180th St. B. In the Central Business District "CBD area, a minimum average LOS level of E shall be maintained. In the CBD, LOS shall be determined by usmg the "link" averages for the 17 segments defined in the Transportation Element of the Comprehensive Plan. For purposes of this section, the CBD is the area bounded by 1-5, 1-405, the Green River, and S. 180 St.) C. A minimum LOS standard of E for traffic capacity shall be maintained, based upon a calculation of LOS for individual intersections and corridor segments for all other minor, collector and principal arterials principally serving commercially zoned property. D. A minimum LOS standard of D for traffic capacity shall be maintained, based upon a calculation of LOS for individual intersections and corridor segments for all minor and collector arterials in predominantly residential areas, provided that for the following arterials, LOS shall be calculated based on the average LOS for the arterial: 42nd Ave. S., S. 160th St., S. 164th St., Macadam, S. 124th St., S. 130th St., S. 132nd St., S. 144th St., 53rd Ave. S., and 65th Ave. S. E. Access streets which exceed 1,000 vehicles per day volume will be evaluated on a case by case basis to determine whether traffic improvements or control measures are required to reduce volumes and provide adequate safety. Section 9.48.060 Design of Arterial Improvements; Load Limits A. Arterial improvements in commercial areas shall be designed to include trucking geometric and loading parameters. B. Trucking will be allowed on all arterials as well as commercial area access streets unless restricted by load limits. Load limits may be used as restrictions following a traffic study. Section 9.48.070 Traffic Studies Mitigation A. TMC 9.48.050 identifies Level of Service standards for specific areas and corridors that can be maintained by making improvements identified in the Transportation Element based on 2015 "build out" development traffic projections. Level of Service standards are also established for other non specific arterials and for access streets. B. Fairshare mitigation costs /trip for the specific areas and corridors identified in TMC 9.48.050 are provided in the Transportation Element and subsequent updates of the Capital Improvement Plan. 8 C. Any proposed project which requires a Type 1, 2, 3, 4 or 5 decision and which will generate more than five (5) or more vehicle trips in an AM, noon, or PM peak hour period shall submit, as part of the application process, a trip generation analysis using standard generation rates published by the Institute of Transportation Engineers, other standard references, or from other documented information and surveys approved by the Department of Public Works. In addition, such projects shall submit a trip distribution study, unless the requirement for such study is waived by the Department of Public Works. D. If the trip generation and distribution studies demonstrate that the proposed project will generate five (5) or more additional peak hour traffic trips in a specific area or corridor prior to the horizon year established by the Transportation Element of the Comprehensive Plan established in TMC 9.48.050, impact mitigation fees shall be paid for the fairshare mitigation costs established in the Transportation Element of the Comprehensive Plan or subsequent Capital Improvement Plan. E. If the trip generation and distribution studies demonstrate that the proposed project will generate five (5) or more additional peak hour traffic trips on any non specific arterial or access street such that the intersection, corridor, or area will be below the Level of Service standards established in TMC 9.48.050, prior to the horizon year established by the Transportation Element of the Comprehensive Plan, the Director of the Department of Public Works shall require, as appropriate to the particular circumstances, one of the following methods for mitigation of the project's traffic impacts: 1. Require the applicant to pay a mitigation payment equal to the applicant's proportionate fair share of the cost of the improvements necessary to restore the intersection(s) arterial(s) or access street(s) to (1) the level of service that would exist at the time the project is completed, but without project traffic, or (2) the level of service standard established in TMC 9.48.050; or 2. Require the applicant to complete the improvements required to restore the intersection(s) arterial(s) or access street(s) to (1) the level of service that would exist at the time the project is completed, but without project traffic, or (2) the level of service standard established in TMC 9.48.050; or 3. In appropriate cases, mitigation may consist of a combination of improvements constructed by the applicant and mitigation payments. If the proposed project does not generate five (5) or more additional peak hour traffic trips at an intersection or corridor which will be below the Level of Service standards established in TMC 9.48.050 prior to the horizon year for the Transportation Element of the Comprehensive Plan, no mitigation under this section will be required. F. A project applicant shall have the right to mitigate all or a portion of the capacity impacts of a project by utilizing capacity mitigation measures, including but not limited to, carpooling and rideshare programs, widenings (roadway, lane, radius), signal improvements, and other capacity improvements. In the event that mitigation measures such as carpooling and rideshare programs are proposed, the applicant shall execute such agreements with the City as are necessary to assure the permanent availability of such programs. G. In the event that the applicant completes improvements which are part of the Circulation System adopted in the Comprehensive Plan and the cost of such improvements exceeds the applicant's proportionate fair share of the cost of such improvements, the applicant shall be entitled to apply to enter into a Latecomer Agreement with the City. 9 H. The Mitigation Payment Schedule for the Transportation Element of the Comprehensive Plan shall be updated every three years or with the annual Capital Improvement Plan update. Section 9.48.080 Mitigation of Traffic Safety Hazards A. If the Department of Public Works determines that a hazard to safety could reasonably exist as a result of traffic generated by a project, the applicant shall be required to construct the improvements necessary to mitigate the traffic safety hazard regardless of whether the roadway corridor or intersection meets the capacity standards of this chapter. B. If the Department of Public Works determines that there is an existing hazard to safety affecting a traffic corridor or intersection which will be impacted by traffic from a proposed project and that the improvements necessary to resolve the safety hazard are not a funded project in the Capital Improvement Program and are not already funded for correction from other sources, the applicant shall have the option of (1) constructing the improvements necessary to mitigate the traffic safety hazard, subject to the right to apply to enter into a Latecomer Agreement regarding such project, or (2) postponing the project until such time as a project to correct the safety hazard has been fully funded. CHAPTER 4 ADDITIONAL STANDARDS FOR UNCLASSIFIED USES A new section TMC 18.66.110 is added to TMC ch. 18.66 as follows: Section 18.66.110 Normal upkeep, repairs, and maintenance; replacement of existing structures 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 ch. 16 (construction codes). A new section 18.66.120 is added to TMC ch. 18.66 as follows: Section 18.66.120 Expansion of Existing Unclassified Use Animal Rendering Facilities 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 which fails to meet one or more of the requirements of intensification shall be considered an enlargement or expansion, and shall require an application for a new or revised unclassified use permit for the facilities which constitute the enlargement or expansion: A. 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: 1. The total area of the site is not increased. 10 2. The construction of new facilities does not generate more than ten new vehicle trips at peak hour, as determined pursuant to TMC ch. 9.48, related to traffic concurrency. 3. No new facilities are located in the River Environment or Low Impact portion of the Shoreline. 4. The new facilities will comply with the performance standards set forth in TMC 18.66.130. 5. The construction of new manufacturing facilities does not result in more than a 5% cumulative increase in the manufacturing capacity of the processing facility. 6. The construction will not increase the extent of any nonconformity of any structure by reason of its height, bulk or setbacks. B. Any proposed new facility which does not meet criteria Al through A6, above, shall be considered an enlargement or expansion, and shall comply with the provisions of TMC Ch. 18.66, Unclassified Use Permits. C. 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. A new section TMC 18.66.130 is added to TMC ch. 18.66 as follows: Section TMC 18.66.130 Performance Standards for Rendering Plants The following performance standards shall apply to rendering plants, in addition to the performance standards for the applicable zoning district.: A. 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. B. 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. C. 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. D. 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 DCD. TMC 18.70.100 and Ordinance 1758, 1(part) are amended as follows: Section 18.70.100 Conditional and Unclassified Uses 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 allowed or buildings may not be enlarged without first obtaining a conditional or unclassified use permit if required pursuant to requirements of TMC ch. 18.64 or TMC ch. 18.66. the Conditional Use Permits chapter of this title. 11 CHAPTER 5 MISCELLANEOUS Section 501 Severability Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of the remaining portion of this ordinance. Section 502 Effective date This ordinance shall apply to all land use permit applications filed on and after April 1, 1996, except applications for road vacations, landmark designations, and approvals related to the use of public areas or facilities. PASSED BY THE CITY COUNgIL OF HE ITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1996. ATTEST /AUTHENTICATED /lane E. Cantu ity Clerk APPRO D AS TO FORM: Of i of the City A e4 6446 FILED WITH THE CITY CLERK: (0-- PASSED BY THE CITY COUNCIL: /J-- PUBLISHED: 7 5- 9 4. EFFECTIVE DATE: April 1, 1996 ORDINANCE NO.: Vo 9 12 John W. Rth ts Mayor No. CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 4 9 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, IMPLEMENTING THE LAND USE PERMIT CONSISTENCY AND CONCURRENCY REQUIREMENTS OF RCW 3H. 36.70A, ADDING NEW CHAPTERS TO TITLES 9, 14 AND 18 OF THE TUKWILA MUNICIPAL CODE, AMENDING CHAPTERS 18.66 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, REQUIRING A DETERMINATION OF CONSISTENCY WITH ADOPTED PLANS, LAWS AND POLICIES FOR ALL PERMIT APPLICATIONS, ESTABLISHING PROCEDURES TO DETERMINE WHETHER ADEQUATE UTILITY AND TRANSPORTATION FACILITIES ARE AVAILABLE TO SERVE NEW DEVELOPMENT, AUTHORIZING THE IMPOSITION OF MITIGATION CONDITIONS, AMENDING STANDARDS FOR THE REVIEW AND APPROVAL OF SHORELINE SUBSTANTIAL DEVELOPMENT PERMITS, SUBDIVISIONS, AND ADOPTING STANDARDS FOR THE EXPANSION AND ENLARGEMENT OF CERTAIN UNCLASSIFIED USES. If f‘ the City Council of the City of Tukwila passed Ordinance i p e menting the concurrency requirements of RCW 30.70A. 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 Published Seattle Times: al -Le----1.4.z4t- d3rAje____ Fob lane Jane E. Cant C e 174.