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Ordinance 1769 was amended or repealed by the following ordinances.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
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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
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3
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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:
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Fob
lane Jane E. Cant C e
174.