HomeMy WebLinkAboutOrd 2173 - SEPA (State Environmental Policy Act) Environmental ReviewWashington
Cover page to Ordinance 2173
The full text of the ordinance follows this cover page.
AN ORDINA.NCE OE THE CITY COUNCIL OE THE CITY OF TUKWILA,
WASo INGTON, AMEN INC ORDINANCE NOS. '1.331. AND 134.4, A.S
CODIFIED Al TUNWIL.A 'MUNICIPAL CODE cHAvrat 21.04, RAISING
CERTAIN THRESHOLD REQUIREMENTS THAT !NE:ELATE SEPA
ENVIRONMENTAL REVIEW., ADOPTING THE OPTIONAL
DETERMINATIO.,. OF NON.SIGNITICANCE IONS) PROCESS UNDER
WAC 197-11-355; PROVIDING FOR SFVERABILITY; AND ..ESTABLISHING
AN EFFECTIVE DATE.
Ordinance 2173 was amended or repealed by the following
ordinances.
AMENDED
S.ettion(s), Amended
Amended by Ord #
1
2324
1
2502
1
2711
REPEALED
Section(s) Repealed Repealed by Ord #
City of Tukwila
Washington
Ordinance No. 2173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1331 AND 1344, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 21.04, RAISING
CERTAIN THRESHOLD REQUIREMENTS THAT INITIATE SEPA
ENVIRONMENTAL REVIEW, ADOPTING THE OPTIONAL
DETERMINATION OF NON SIGNIFICANCE (DNS) PROCESS UNDER
WAC 197 -11 -355; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, jurisdictions have flexibility in setting the thresholds that trigger SEPA
review up to the maximum level allowed by the State; and
WHEREAS, raising the flexible thresholds for new construction would streamline
permit review for smaller projects; and
WHEREAS, very few development proposals require a full environmental impact
statement to analyze impacts and develop mitigation measures; and
WHEREAS, adopting the optional DNS process allows for a more efficient review
process; and
WHEREAS, on May 24, 2007, the City of Tukwila Planning Commission held a
public hearing on the proposed amendments, and has recommended the adoption of
certain environmental regulation changes; and
WHEREAS, the City Council held a public hearing on the proposed amendments
July 16, 2007, after proper notice; and
WHEREAS, after having received and studied staff analysis, the City Council
believes that certain amendments to the City's development regulations are desirable;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1331 §10, as codified at TMC 21.04.080, is hereby amended
to read as follows:
21.04.080 Categorical exemptions and threshold determinations 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 -300 Purpose of this part
197 -11 -305 Categorical exemptions
197 -11 -310 Threshold determination required
197 -11 -315 Environmental check list
197 -11 -330 Threshold determination process
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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
Section 2. Ordinance Nos. 1331 §11 and 1344 §6, as codified at TMC 21.04.110, are
hereby amended to read as follows:
21.04.110 Categorical exemptions- Flexible thresholds
A. The City establishes the following exempt levels for minor new construction
based on local conditions:
1. For residential dwelling units in WAC 197 -11 -800 (1)(b)(i) up to nine dwelling
2. For agricultural structures in WAC 197 -11 -800 (1)(b)(ii) up to 10,000 square
3. For office, school, commercial, recreational, service or storage buildings in
WAC 197 -11 -800 (1)(b)(iii), up to 12,000 square feet, and up to 40 parking spaces.
units.
feet.
4. For parking lots in WAC 197 -11- 800 (1)(b)(iv), up to 40 parking spaces.
5. For landfills and excavations in WAC 197 -11 -800 (1)(b)(v), up to 500 cubic
yards.
B. The responsible official shall send copies of all adopted flexible thresholds to the
Department of Ecology, headquarters office, Olympia, Washington.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF WASHINGTON,
at a Regular Meeting thereof this 16TH DAY OF JULY, 2007.
Steven M. Mullet, Mayor
Filed with the City Clerk: 9_11 C)
Passed by the City Council: 1 I -G'7
Published: 7
Effective Date: 7 S- G' 7
Ordinance Number:
ATTEST/ AUTHENTICATED:
JaNE E. Cantu, CMC, City Clerk
APPROVED AS TOFORM BY:
Office of the Cit(Atoney
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SUMMARY OF ORDINANCE
No. 2173
City of Tukwila, Washington
On July 16, 2007, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2173, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1331 AND 1344, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 21.04, RAISING CERTAIN THRESHOLD
REQUIREMENTS THAT INITIATE SEPA ENVIRONMENTAL REVIEW; ADOPTING
THE OPTIONAL DETERMINATION OF NON SIGNIFICANCE (DNS) PROCESS
UNDER WAC 197 -11 -355; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting on July 16, 2007.
J$ (e E. Cantu, AMC, City Clerk
Published Seattle Times: July 19, 2007