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					         Comprehensive Plan
And Land Use Regulatory Code
                           Proposed Amendments for 2009

  The City of Tacoma’s Comprehensive Plan and Land Use Regulatory Code are
   developed in compliance with the Washington State Growth Management Act.
        The Comprehensive Plan is the City's official statement concerning future
       growth and development and includes goals, policies and strategies for the
  health, welfare, safety and quality of life of Tacoma. The Land Use Regulatory
   Code consists of development regulations which control land use activities and
                               includes zoning, platting, and shoreline regulations.




                                       Prepared for
                 Planning Commission Public Hearing
                                       April 1, 2009




                  Community and Economic Development Department
                                               Planning Division
                                    747 Market Street, Room 1036
                                         Tacoma, WA 98402-3793
                                                  (253) 591-5365


   Equal Employment Opportunity/Americans with Disabilities Act
                         Accommodations provided upon request
               Call 253/591-5365 (voice) or 253/591-5153 (TTY)
City Council
Bill Baarsma, Mayor
Julie Anderson, Deputy Mayor              Spiro Manthou
Jake Fey                                  Marilyn Strickland
Connie Ladenburg                          Rick Talbert
Mike Lonergan                             Lauren Walker

Eric Anderson, City Manager

Tacoma Planning Commission
Scott Morris, Chair
David A. Boe, Vice Chair                  Peter Elswick
Kevin Briske                              Kimberly Freeman
Robert T. de Grouchy, III                 Sean Gaffney
Jeremy Doty                               Tom O’Connor

Community and Economic Development Department
Ryan Petty, Director

Planning Division
Peter Huffman, Manager

Project Staff
Donna Stenger, Project Lead               GIS Analysis:
Stephen Atkinson                            Nancy Grabinski-Young
Elliott Barnett                             Mike Murnane
Brian Boudet                                Glenn Peterson
Molly Harris                                Michael Stoddard
Reuben McKnight
Ian Munce
Lihuang Wung

Public Works Department
Dick McKinley, Director

Building and Land Use Services Division
Charlie Solverson, Manager                Shanta Frantz
Cap Pearson                               Karla Kluge
Caroline Haynes-Castro                    Jana Magoon

Environmental Services Division
Merita Pollard

Traffic Engineering Division
Jennifer Kammerzell
                                                                      Table of Contents

INTRODUCTION -------------------------------------------------------------------------                1

SUMMARY OF PROPOSED CHANGES --------------------------------------------------                        2

PLANNING COMMISSION PUBLIC HEARING NOTICE -------------------------------                             3

PROPOSED AMENDMENTS AND STAFF ANALYSES
   A. Application #2009-01:
       Annual Amendment Procedures-----------------------------------------------------------         7

   B. Application #2009-02:
       Critical Areas Preservation Code Amendments----------------------------------------           23

   C. Application #2009-03:
       Stormwater Policy Changes ---------------------------------------------------------------     51

   D. Application #2009-04:
       Transportation Element---------------------------------------------------------------------   59

   E. Application #2009-05:
       HMR-SRD Zoning District Boundary Correction -------------------------------------             67

   F. Application #2009-06:
       Zoning Code Technical Amendments ----------------------------------------------------         73

PRELIMINARY DETERMINATION OF ENVIRONMENTAL NONSIGNIFICANCE
AND ENVIRONMENTAL CHECKLIST --------------------------------------------------                       99
                                                                              Introduction
Comprehensive Plan
Tacoma’s Comprehensive Plan is the City’s official statement concerning future growth and
development. It sets forth goals, policies, and strategies for the health, welfare, and quality of
life of Tacoma’s residents.

The Comprehensive Plan is adopted pursuant to the authority conferred by the Washington State
Constitution, RCW Chapter 36.70A, and Title 13 of the Tacoma Municipal Code. The
Comprehensive Plan consists of individual plan elements, including those mandated by the
Washington State Growth Management Act (GMA), and implementing programs, all of which
are adopted by the City Council. The Plan includes five primary elements that address land use,
housing, capital facilities, transportation, and utilities. Other elements address such areas as open
space and recreation, downtown, neighborhoods and economic development.

Development and oversight of the Comprehensive Plan and implementing regulations are the
primary responsibilities of the Planning Commission, a citizen body advisory to the City
Council. The Plan is used by the City Council and City officials to guide land use, development,
and capital facilities decisions.

Development Regulations
The key regulatory mechanism that supports the Comprehensive Plan is the Land Use
Regulatory Code, i.e., Title 13 of the Tacoma Municipal Code which is also adopted pursuant to
the authority conferred by the Washington State Constitution and the Growth Management Act.
Title 13 contains regulations and procedures for controlling land use, platting, shorelines,
environment, critical areas, and historic preservation, among others. GMA requires development
regulations to be consistent with and to implement the Comprehensive Plan. To maintain this
consistency, changes to the Comprehensive Plan often are accompanied by similar changes to
development regulations and/or zoning classifications.

Annual Plan Amendment
The Comprehensive Plan is subject to continuous review, evaluation and modification to remain
relevant and to respond to changing circumstances. The Growth Management Act generally
allows the Comprehensive Plan to be amended only once each year. Amendments can consist of
the addition of new Plan elements or modifications to existing elements, including the addition
or deletion of policies, map revisions or updating of data and other information. All proposed
modifications are reviewed concurrently to address the cumulative effect of the revisions and to
maintain internal consistency among the various plan components and external consistency with
regional, county and adjacent jurisdictional plans.

Review of Amendments
Proposed annual modifications to the Comprehensive Plan and/or the Land Use Regulatory Code
are considered and reviewed together by the Planning Commission and City Council. Depending
on the content, scope or potential impacts of a proposed modification, additional independent
reviews and opportunities for public comment may occur.




                                             -1-
Summary of Proposed Changes
Below is a summary of the proposed amendments to the Comprehensive Plan and Land Use
Regulatory Code for 2009:

    APPLICATION          APPLICANT                 DESCRIPTION OF AMENDMENT
 #2009-01:           Community and        Modify annual amendment cycle, review
 Annual Amendment    Economic             procedures and public notice requirements and
 Procedures          Development          responsibilities.
                     Department
 #2009-02:           Port of Tacoma       Amend Chapter 13.11- Critical Areas
 Critical Areas                           Preservation to exempt normal maintenance and
 Preservation Code                        repair and demolition of existing shoreline
 Amendments                               structures within the Hylebos, Blair and Sitcum
                                          Waterways.
 #2009-03:           Public Works         Amend the Comprehensive Plan to improve the
 Stormwater Policy   Department –         accuracy, clarity and consistency of policies and
 Changes             Environmental        the level of service standard pertaining to
                     Services             stormwater.
 #2009-04:           Public Works         Amend the Transportation Element by adding 10
 Transportation      Department –         projects located in the eastside to the Unfunded
 Element             Engineering          Project List to achieve funding eligibility.
 #2009-05:           Community and        Rezone one block in the vicinity of North 4th and
 HMR-SRD Zoning      Economic             K Streets, from R-4 to HMR-SRD to make the
 District Boundary   Development          boundary of the HMR-SRD zoning district
 Correction          Department           consistent with the boundary of the North Slope
                                          historic overly district
 #2009-06:           Community and        Amend the Zoning Code to address
 Zoning Code         Economic             inconsistencies, correct minor errors, and provide
 Technical           Development          clarity
 Amendments          Department




                                       -2-
                     PUBLIC HEARING NOTICE
                       TACOMA PLANNING COMMISSION
                               747 Market Street, Room 1036
                                 Tacoma, WA 98402-3793
                                    Tel: 253/591-5365
                                    Fax: 253/591-2002

Subject:          Amendments to Tacoma’s Comprehensive Plan and modifications to the
                  Land Use Regulatory Code for 2009

Date & Time:      Wednesday, April 1, 2009, 5:00 p.m.

Location:         City Council Chambers, 1st Floor, Tacoma Municipal Building,
                  747 Market Street

Purpose:
The purpose of the public hearing is to allow all interested persons an opportunity to provide
comments about proposed revisions to the City of Tacoma’s Comprehensive Plan and
development regulations including an area-wide zoning reclassification, as described herein. If
you are not able to attend the hearing but wish to comment, you can submit written comments to
the Planning Commission at the above address by 5:00 p.m., Friday, April 10, 2009. Facsimile
comments are acceptable. Comments may also be sent via e-mail to: planning@cityoftacoma.org

Informational Session:
Join City staff and find out more about the proposed amendments. This is an opportunity to ask
questions and learn more about what the proposed amendments may mean to you.

                                 Informational Session
                       Wednesday, March 25, 2009, 5:00 p.m.
    City Council Chambers, 1st Floor, Tacoma Municipal Building, 747 Market Street

Environmental Review:
Pursuant to the State Environmental Policy Act (SEPA), a Preliminary Determination of
Environmental Non-Significance (pre-threshold determination) has been made for the proposed
amendments to the Comprehensive Plan and Regulatory Code, including an area-wide zoning
reclassification. The decision was made after a review of a completed environmental checklist.
A copy of the preliminary DNS and checklist is included in this document.

Questions?
Please leave a message on the Planning Division’s inquiry line at (253) 573-2529. A staff person
will respond to your questions.




                                           -3-
-4-
Proposed Amendments and Staff Analyses




          -5-
-6-
                      2009 Annual Amendment Application No. 2009-01
          Comprehensive Plan/Development Regulations Annual Amendment Procedures

                                                  STAFF REPORT


    Application #:                          2009-01
    Applicant:                              City of Tacoma, Community & Economic Development Dept.
    Contact:                                Ian Munce, Community & Economic Development Dept.
    Type of Amendment:                      Regulatory Code Text Change
    Current Land Use Intensity:             Not Applicable
    Current Area Zoning:                    Not Applicable
    Size of Area:                           City-wide
    Location:                               City-wide
    Neighborhood Council area:              City-wide
                                            Technical amendments to the Planning Commission review and
    Proposed Amendment:
                                            amendment procedures


    Description of the Proposed Amendment:
    This is a rewrite of those portions of the Tacoma Municipal Code that deal with Planning Procedures. The
    rewrite reflects changes in State law, reworks the timing and procedures for amending the City’s
    Comprehensive Plan and Development Regulations, enhances outreach and public notice requirements,
    and clarifies existing language. Specifically, the rewrite: describes the extent of the State mandates for the
    recreation/open space and economic development elements; changes the annual amendment cycle from a
    calendar year to a work-program year that begins on July 1 each year and ends on June 30 the next year;
    adds explicit mechanisms for determining that an amendment application is complete and for expanding
    or contracting the original application; and, improves public notice procedures by such means as
    providing earlier notice to the surrounding neighborhood of proposed site-specific changes.

    It is important to note that if the annual amendment cycle is changed from a calendar year to a work-
    program year that begins on July 1 each year and ends on June 30 the next year, it will be extremely
    important for the City to engage in an extensive public outreach effort to make sure that as many potential
    applicants as possible are aware of the change in the submission deadline from December 31, 2009 to
    June 30, 2009.


    Additional Information:
    The details of the proposed changes to the Annual Amendment Process and Schedule, a process that is
    required for Comprehensive Plan Amendments, including Intensity Changes, are set forth in the chart on
    the top of the following page.




Annual Amendment Application #2009-01                                                                       Page 1 of 4
Staff Report

                                                      -7-
                            PROPOSED ANNUAL AMENDMENT SCHEDULE CHANGE

               KEY STEPS                       TIMELINE (OLD SCHEDULE)            TIMELINE (NEW SCHEDULE)
          Application deadline                         December 31                           June 30
Planning Commission approval of docket               February-March                    August-September
 Planning Commission authorizes draft
                                                          August                            February
     amendments for public review
 Planning Commission Public Hearing                     September                            March
Planning Commission recommendations                      October                              April
       City Council study session                       November                              May
     City Council Public Hearing                   November-December                        May-June
         City Council adoption                          December                              June




    Project Background:
    The City Council, during review of the 2008 amendments to the Comprehensive Plan and Land Use
    Regulatory Code, requested that the Commission review and modify the annual amendment schedule.
    The Council expressed concern that the current schedule for the City Council’s public hearings and
    deliberations overlaps too much with budget hearings and deliberations, other year-end matters, and
    holidays.

    The City Council also expressed concern about the type, timing, and methods used to notify the public
    and interested parties of proposed amendments. The Council’s concerns were in response to public
    testimony concerning a lack of notice and confusing information provided on the notice. The Council’s
    Neighborhoods and Housing Committee reviewed the current public notice requirements, procedures and
    practices and directed staff to implement improvements. The improvements are intended to include both
    changes to the procedures outlined in the Land Use Regulatory Code (which is what will be addressed by
    this amendment) as well as changes to the City’s administrative procedures regarding public notice for
    annual amendments (such as increasing the physical size of the notice and improvements to the wording
    used on the notices).


    Applicable Provisions of the Comprehensive Plan:
    The public participation requirements of the Comprehensive Plan support working to improve public
    outreach and public notice. The proposal to change the annual amendment schedule from a January 1-
    December 31 cycle to a July 1-June 30 cycle is designed to increase opportunities for public comment and
    for deliberation by Planning Commission and City Council by avoiding summer vacation and holiday
    conflicts.


    Public Outreach:
    The changes to the public notice process and annual amendment cycle were discussed at the
    Neighborhoods and Housing Committee meetings on December 15, 2008 and February 2, 2009. In

Annual Amendment Application #2009-01                                                                  Page 2 of 4
Staff Report

                                                  -8-
    addition to this and the standard noticing for the annual amendment process, the proposal will be the
    subject of further outreach, including such things as web posting, e-mail notification, a newspaper
    announcement, and meeting with the Community Council.


    Applicable Provisions of the Growth Management Act:
    The Growth Management Act (GMA) requires early and continuous public participation and procedures;
    this proposal supports this mandate. The GMA also sets forth specific requirements for the content of, and
    the adoption and amendment of, comprehensive plan and development regulations. Of particular note,
    the GMA specifies that, with certain exceptions, a Comprehensive Plan may not be amended more than
    once per year. However, this provision does not mandate it be a calendar year. The cycle can and is set
    locally. Even though a jurisdiction planning under the GMA could limit its Comprehensive Plan
    amendments to every two, three, or four years the following ‘benchmark’ cities are on an annual process:
    Bellevue, Bellingham, Everett, Olympia, Seattle, Spokane, and Vancouver.


    Amendment Criteria:
    Applications for amendments to the Comprehensive Plan and Land Use Regulatory Code are subject to
    review based on the adoption and amendment procedures and the review criteria contained in
    TMC 13.02.045.G. Proposed amendments are required to meet at least one of the eleven review criteria to
    be considered by the Planning Commission. The following section provides a review of each of these
    criteria with respect to the proposal. Each of the criteria is provided, followed by staff analysis of the
    criterion as it relates to this proposal.

    1. There exists an obvious technical error in the pertinent Comprehensive Plan or regulatory code
       provisions.

        Staff Analysis: The proposed amendment does not seek corrections to any error in the
        Comprehensive Plan or the Land Use Regulatory Code; however, some sections of the code need
        updating to reflect changes in GMA and for consistency with other applicable provisions of the TMC.

    2. The amendment is consistent with the Comprehensive Plan goals or policies or will achieve
       consistency.

        Staff Analysis: The proposed amendment will improve consistency with the Comprehensive Plan
        public participation goals and policies.

    3. Circumstances related to the proposed amendment have significantly changed, or a lack of
       change in circumstances has occurred since the area or issue was last considered by the
       Planning Commission.

        Staff Analysis: Changes in State law should be reflected as appropriate. Further, the City Council has
        been clear that outreach and public notice requirements should be improved upon. Finally, the
        proposed changes in the timing and procedures for amending the City Comprehensive Plan and
        Development Regulations have been developed in response to public, Planning Commission, and City
        Council comment.

    4. The needs of the City have changed, which support an amendment.

        Staff Analysis: Not applicable.

Annual Amendment Application #2009-01                                                                       Page 3 of 4
Staff Report

                                                    -9-
    5. The amendment is compatible with existing or planned land uses and the surrounding
       development pattern.

        Staff Analysis: Not applicable.

    6. Growth and development, as envisioned in the Plan, is occurring faster, slower, or is failing to
       materialize.

        Staff Analysis: Not applicable.

    7. The capacity to provide adequate services is diminished or increased.

        Staff Analysis: Not applicable.

    8. Plan objectives are not being met as specified, and/or the assumptions upon which the plan is
       based are found to be invalid.

        Staff Analysis: Not applicable.

    9. Transportation and and/or other capital improvements are not being made as expected.

        Staff Analysis: Not applicable.

    10. Substantial similarities of conditions and characteristics can be demonstrated on abutting
        properties that warrant a change in land use intensity or zoning classification.

        Staff Analysis: Not applicable.

    11. A question of consistency exists between the Comprehensive Plan and its elements and RCW
        36.70A, the County-wide Planning Policies for Pierce County, Multi-County Planning Policies,
        or development regulations.

        Staff Analysis: Not applicable.


    Staff Recommendation:
    Staff recommends forwarding the draft proposal to amend TMC 13.02 for public review and comment.


    Exhibits:
    A. Revised TMC 13.02 (changes shown in strike-out and underline)




Annual Amendment Application #2009-01                                                                Page 4 of 4
Staff Report

                                                - 10 -
                        2009 Annual Amendment Application No. 2009-01
            Comprehensive Plan/Development Regulations Annual Amendment Procedures

                                          STAFF REPORT – EXHIBIT A
                                  DRAFT LAND USE REGULATORY CODE CHANGES




*Note – These amendments show all of the changes to the existing land use regulations. New text is underlined and
text that is deleted is shown in strikethrough.




                                                  Chapter 13.02
                                             PLANNING COMMISSION

     Sections:
     13.02.010         Creation – Appointment.
     13.02.015         Establishment of advisory committees.
     13.02.016         Repealed.
     13.02.020         Meetings – Officers – Records.
     13.02.030         Expenditures – Budget.
     13.02.040         Duties and responsibilities.
     13.02.041         Quorum.
     13.02.043         Definitions.
     13.02.044         Comprehensive Plan.
     13.02.045         Plan adoption, amendment, and implementation procedures.
     13.02.050         Repealed.
     13.02.053         Area-wide zoning reclassifications.
     13.02.055         Moratoria and interim zoning.
     13.02.057         Notice for public hearings.
     13.02.060         Repealed.

     13.02.010         Creation – Appointment.
     Pursuant to the authority conferred by Article II, Section 11, of the Constitution of the State of Washington, and
     Section 3.8 of the Tacoma City Charter, there is hereby created a City Planning Commission consisting of nine
     members, who shall be residents of Tacoma. The members shall be appointed and confirmed by a majority of the
     City Council. One member shall be appointed by the City Council for each of the five council districts. The Council
     shall appoint to the four remaining positions an individual from each of the following: (a) the development
     community; (b) the environmental community; (c) public transportation; and (d) a designee with background of
     involvement in architecture, historic preservation, and/or urban design.
     At the expiration of each respective three-year term, a successor shall be appointed by the City Council.
     Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired terms. Members
     may be removed by a majority of the Council, after public hearing, for inefficiency, neglect of duty, or malfeasance
     in office. Upon an appointed member’s missing three unexcused, consecutive regular meetings, the Commission
     shall afford such member a hearing to determine whether the absences are to be excused. If the Commission
     determines not to excuse such absences, then the Commission shall determine the question of whether the
     Commission shall recommend to the City Council that such member should be deemed to have forfeited the office


 Annual Amendment Application #2009-01                                                                             Page 1 of 11
 Staff Report – Exhibit A

                                                        - 11 -
    and a new member be appointed to fill the unexpired term. The members shall be selected without respect to
    political affiliations and they shall serve without compensation.

    13.02.015         Establishment of advisory committees.
    In order to carry out its duties and functions prescribed by this chapter, the Planning Commission may establish
    advisory committees as it deems appropriate. Advisory committees shall serve at the discretion of the Commission
    and their duties and scope of responsibilities shall be established by the Planning Commission. The members of such
    advisory committees shall be appointed and confirmed by a majority of the City Council, except that the Planning
    Commission, in such instances as it deems appropriate, may designate that the chairperson of an advisory committee
    be a regular appointed member of the Planning Commission and shall be selected by a majority vote of the
    Commission. Nothing in this section shall be construed to authorize members of such advisory committees to be
    members of the Planning Commission.

    13.02.016         Definitions.
    Repealed by Ord. 27172

    13.02.020         Meetings – Officers – Records.
    The Commission shall elect its own chairperson and create and fill such other offices as it may determine it requires.
    The Commission shall hold at least one regular meeting in each month in each year. All meetings of the
    Commission or its advisory committees shall be open to the public pursuant to the Open Public Meetings Act of
    1971. The Commission shall adopt rules for transaction of business. Records of all official Commission proceedings
    shall be kept by the City Clerk and shall be open to public inspection. The City Manager shall assign to the
    Commission and its advisory committees a place of meeting in which to meet and transact business.

    13.02.030         Expenditures – Budget.
    The expenditures of the Commission exclusive of gifts, shall be limited to appropriations made to the Community
    and Economic Development Department by the City Council for the planning function of the City. The services and
    facilities of the Community and Economic Development Department shall be utilized by the Commission in
    performing its duties. The work program for the coming year will be prepared by the Community and Economic
    Development Department and submitted to the Commission for approval.

    13.02.040         Duties and responsibilities.
    The Planning Commission is hereby vested with the following duties and responsibilities:
    A. To prepare the Comprehensive Plan, pursuant to Revised Code of Washington Chapter 36.70A, that is concerned
    with protecting the health, welfare, safety, and quality of life of City residents, and to recommend such plan to the
    City Council. The Comprehensive Plan shall consist of policy plan elements consistent with the planning goals
    established by the State in RCW 36.70A , and shall contain descriptive text covering the objectives, principles, or
    standards used to develop the Plan, map(s), statements of goals, policies, and intents, and may include
    recommendations for the implementation thereof.
    B. To review and update the Comprehensive Plan and its elements as necessary and, if appropriate, recommend new
    goals and policies and propose amendments to the City Council.
    C. To develop and prepare as necessary and appropriate, long-and short-range programs for implementation of the
    Comprehensive Plan.
    D. To conduct periodic planning studies of homogeneous community units, distinctive geographic areas, or other
    types of districts having unified interests within the total area of the City which will amplify and augment the
    Comprehensive Plan.
    E. To formulate effective and efficient land use and development regulations and processes, consistent with RCW
    36.70A and the goals and policies of the Comprehensive Plan and which provide for the implementation thereof.
    F. To review and make recommendations on matters concerning land use and development, including moratoria and
    interim zoning.


Annual Amendment Application #2009-01                                                                              Page 2 of 11
Staff Report – Exhibit A

                                                       - 12 -
    G. To work with the Landmarks Preservation Commission, pursuant to TMC 13.07, to To designate historic special
    review districts and conservation districts within the City, after public hearing, and to make recommendations to the
    City Council for establishment of such districts.
    H. To ensure early and continuous public participation in the development, amendment, and implementation
    processes of the Comprehensive Plan, including all of its elements, and in the development of land use and
    development regulations and amendments thereto.
    I. ThroughTo review of the capital facilities program, ensure that the capital budgets and expenditures for public
    facilities and services are in for conformity with the Comprehensive Plan.
    J. To review the Sixsix-Yyear Comprehensive Transportation transportation Program program for consistency with
    the Comprehensive Plan.
    K. To provide for the inventory, collection, mapping, research, and analysis of data describing land uses,
    demographics, infrastructure, critical areas, transportation corridors, housing, and other information useful in
    managing growth, with an emphasis on doing this work through the use of land use and geographic information
    systems.
    L. To provide an annual report to the City Council regarding accomplishments and the status of planning efforts
    undertaken in the previous year.
    M. Beginning on January 1, 1991, to provide a report to the State Department of Community, Trade, and Economic
    Development on the progress made in implementing Chapter 36.70A RCW. This report shall be submitted annually
    until January 1, 1995, and shall be submitted every five years thereafter.
    N. To initiate and review, or review, and make recommendations to the City Council for area-wide zoning
    reclassifications to implement the Comprehensive Plan and its elements; initiate and make recommendations on
    moratoria and interim zoning; and review and make recommendations on City Council-initiated moratoria and
    interim zoning.
    O. To conduct pre-annexation planning for areas which are within the City’s urban growth area and which may be
    reasonably expected to be annexed to the City. Planning for these areas may include, but not be limited to: land use;
    intensity designations; public facilities and services; capital facility needs; and zoning classifications and
    regulations. Areas not included in the Comprehensive Plan and annexed to the City will necessitate a plan
    amendment.

    13.02.041         Quorum.
    A quorum for the transaction of official business of the Planning Commission shall consist of a majority of the
    members of the Commission, but a smaller number may adjourn, from time to time.

    13.02.043         Definitions.
    For the purpose of this chapter, certain words and terms used herein are defined as follows:
    A. An “area-wide zoning reclassification” is a legislative action to change the zoning classification(s) on an area-
    wide basis in order to implement and maintain the consistency of the Comprehensive Plan. It is comprehensive in
    nature and deals with homogenous communities, distinctive geographic areas, and other types of districts having
    unified interests within the City, including those associated with annexation and overlay special review zoning
    districts. Area-wide zoning reclassifications, unlike parcel zoning reclassifications, are generally of area-wide
    significance, usually involving many separate properties under various ownerships, and often utilize several of the
    City’s zoning classifications to implement the City’s Comprehensive Plan. An area-wide zoning reclassification
    consisting of a single ownership but having a broader impact of significance on the community may be considered
    to be an area-wide reclassification if it is being undertaken in order to maintain consistency of the City’s
    Comprehensive Plan.
    B. “Department,” as used in this chapter, refers to the Community and Economic Development Department.
    C. “Development regulations” are any regulations and regulatory procedures placed on or involving development or
    land use activities of the City, including, but not limited to, zoning ordinances, critical area ordinances, shoreline



Annual Amendment Application #2009-01                                                                              Page 3 of 11
Staff Report – Exhibit A

                                                       - 13 -
    master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site
    plan ordinances (RCW 36.70A).
    D. An “emergency” situation is one in which human health or safety is jeopardized and/or public or private property
    is imminently endangered. For the purposes of this section, an “emergency” situation shall also include one
    demanding the immediate amendment of the Comprehensive Plan outside of the annual amendment cycle, without
    which capital facilities concurrency is likely to be compromised and/or levels of service are expected to drop below
    an acceptable level.
    E. “Interim zoning” is an immediate change in existing zoning classifications or regulations where new zoning
    classifications or regulations are temporarily imposed. Such temporary zoning controls are designed to regulate
    specific types of development so that, when new plans and/or zoning are adopted, they will not have been rendered
    moot by intervening development; or are necessary to prevent harm or to preserve the status quo. Interim zoning
    can be an area-wide reclassification of a temporary nature or modification to specific requirements of a zoning
    classification.
    F. “Land Use Intensity” is a designation for all property that indicates the future development influence based on
    factors such as size, scale, bulk, nuisance level, density, activity level, amount of open space, and traffic generation.
    Intensities are classified as high, medium, and low, and are depicted on the Generalized Land Use Plan map which
    illustrates the future land use pattern for the City.
    G. “Moratorium” (or collectively, “moratoria”) is the refusal to accept or process new applications for building,
    zoning, subdivision (platting), or other types of development to preclude development from occurring for a specified
    period of time. A moratorium on development may be imposed on all development, on all permit applications, or on
    specific types of development or permit applications.
    H. “Plan amendment” is a proposed change to the Comprehensive Plan and may include adoption of a new plan
    element; a change to an existing plan element, including goals, policies and narrative text; a change to the
    objectives, principles, or standards used to develop the Comprehensive Plan; a revision to the land use intensity
    designation as shown on the Generalized Land Use Plan map; or a change to implementation strategies or programs
    adopted as part of the Comprehensive Plan, including updates to inventories and financial plans.

    13.02.044         Comprehensive Plan.
    A. The Comprehensive Plan shall include the following planning elements:
    1. A land use element indicating the proposed generalized land use, including the suitability, capability, location,
    and number of acres of land devoted to such uses as residential, commercial, industrial, recreation, open space, and
    other uses. The land use element shall include population densities and distribution, estimates of future population
    growth, building intensities, and areas for potential annexation. The land use element shall also provide for the
    protection of the quality and quantity of ground water used for public water supplies, as well as for the protection of
    the quality of water discharged into waters of the state, including Puget Sound.
    2. A transportation element which implements and is consistent with the land use element, is regionally
    coordinated, and identifies the need for future transportation facilities and services, including system expansion and
    management needs. The transportation element shall include the following:
    (a) Land use assumptions used in estimating travel.
    (b) Estimated traffic impacts to state-owned transportation facilities from land use assumptions.
    (c) An inventory of existing air, water, and ground transportation facilities and services, including state-owned
    facilities.
    (d) Level of service standards for all locally owned arterials and transit routes that are regionally coordinated, to
    serve as a gauge to judge performance of transportation systems and specific actions for bringing into compliance
    the facilities and services which fall below these standards.
    (e) Level of service standards for state-owned transportation facilities as prescribed by RCW 47.06 and 47.80 to
    gauge the performance of the system.
    (f) Identification of state and local system needs to meet current and future demands.


Annual Amendment Application #2009-01                                                                                  Page 4 of 11
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                                                         - 14 -
    (g) At least a 10-year forecast of travel levels based upon the adopted Comprehensive Plan to provide information
    on the location, timing, and capacity needs of future growth.
    (h) An assessment of the impacts of the transportation plan and land use assumptions on the transportation systems
    of adjacent jurisdictions.
    (i) Demand-management strategies.
    (j) Finance component including
    (1) An analysis of funding capability to judge needs against probable funding sources and a multi-year financing
    plan for identified needs, the appropriate parts of which shall serve as the basis for the six-year transportation
    program required by RCW 35.77.010 and which is coordinated with the six year improvement program developed
    by the State Department of Transportation as required by RCW 47.050.030.
    (2) A discussion of how additional funding will be raised or how land use assumptions will be reassessed to ensure
    the level of services standards will be met if probable funding falls short.
    3. A housing element which shall provide policies for the preservation, improvement, and development of housing,
    and shall include an inventory and analysis of existing and projected housing needs. The housing element shall
    identify sufficient land to meet housing needs, including, but not limited to, low-income housing, multi-family
    housing, group homes, and foster care facilities.
    4. A capital facilities element, including an inventory of the location and capacity of existing publicly-owned capital
    facilities, and a forecast of the future needs for such capital facilities, including the expansion of capital facilities, the
    construction of new facilities, and the maintenance requirements of existing facilities. The capital facilities element
    shall include at least a six-year financing plan identifying projected funding capacity and sources of public money
    for financing new or expanded capital facilities. The land use and capital facilities elements and the capital facilities
    financing plan shall be coordinated and consistent. The capital facilities element shall include a requirement to
    reassess the land use element if probable funding falls short of meeting existing needs.
    5. A utilities element identifying the general location, proposed location, and capacity of all existing and proposed
    utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
    6. A shoreline element setting forth policies concerning economic development; public access and circulation;
    recreation; urban design, conservation, restoration, and natural environment; and historical, cultural, scientific, and
    educational values.
    7. A process for identifying and siting essential public facilities which are typically difficult to site.
    B. The Comprehensive Plan may include the following planning elements and any additional planning elements
    which the Commission or Council considers pertinent: must address the following two elements but only if funds
    sufficient to cover local costs of including these elements have been appropriated and distributed by the state at least
    two years before the applicable review and update deadline in RCW 36.70A.130:
    1. A recreation and open space element indicating the location and development of areas and public sites for
    recreation, natural conservations, parks, parkways, beaches, playgrounds, and other recreational and open space
    areas. The element should include estimates of park and recreation demand, an evaluation of facilities and service
    needs and identification of intergovernmental coordination opportunities to provide regional approaches for meeting
    park and recreational demands.
    2. An economic element providing for economic growth and vitality and a high quality of life. The element shall
    include a summary of the local economy, utilizing standard employment categories and indicating employment
    levels and trends and other information, as appropriate; a summary of the strengths and weaknesses of the local
    economy and supporting factors such as land use, utilities, transportation, work force, housing, education,
    natural/cultural resources, and amenities; and an identification of policies, programs, projects, or strategies to foster
    economic growth.
    C. Subject to the provisions of Section 13.02.044, the Comprehensive Plan may include the following planning
    elements and any additional planning elements which the Commission or Council considers pertinent:
    1. A community services and facilities element indicating the general location of all community services and
    facilities, and indicating the need and appropriate location for such services and facilities.


Annual Amendment Application #2009-01                                                                                     Page 5 of 11
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                                                          - 15 -
    2. A recreation and open space element indicating the location and development of areas and public sites for
    recreation, natural conservations, parks, parkways, beaches, playgrounds, and other recreational and open space
    areas. The element should include estimates of park and recreation demand, an evaluation of facilities and service
    needs and identification of intergovernmental coordination opportunities to provide regional approaches for meeting
    park and recreational demands.
    3. An economic element providing for economic growth and vitality and a high quality of life. The element shall
    include a summary of the local economy, utilizing standard employment categories and indicating employment
    levels and trends and other information, as appropriate; a summary of the strengths and weaknesses of the local
    economy and supporting factors such as land use, utilities, transportation, work force, housing, education,
    natural/cultural resources, and amenities; and an identification of policies, programs, projects, or strategies to foster
    economic growth.
    42. An environmental element indicating environmental conditions and natural processes, including climate, air
    quality, geology, hydrology, vegetation, wildlife, fisheries, critical areas, mineral resource lands, solar energy, and
    other natural factors and hazards that affect, or would be affected by, development.
    53. A historic and conservation element identifying objects, areas, sites, or structures of historical, archaeological,
    architectural, or cultural significance.
    64. An annexation element setting forth policies to guide orderly urban growth and designating areas for potential
    annexation for at least 20 years. The annexation element shall identify future land uses and consider development
    patterns, density, projected population growth, timing, and the provision of capital facilities and services, including
    capacity, financing, and expansion.
    75. An urban design element addressing the design of development through the application of standards, guidelines,
    and recommendations for project review.
    86. Sub-area elements setting forth policies concerning specific geographic areas of the City or concerning specific
    issues.
    CD. The Comprehensive Plan shall be coordinated and consistent with other entities and governmental jurisdictions
    sharing common borders or related regional issues and with couty-wide and multi-county planning policies.
    DE. The City shall carry out its programs, perform its activities, and make capital budget decisions in conformance
    with the Comprehensive Plan, including matters affecting land use and development regulations.
    EF. The City shall continuously review and evaluate the Comprehensive Plan and development regulations that
    implement the Plan. At least every seven years the City shall take legislative action to review and, if needed, revise
    the Comprehensive Plan and development regulations to ensure that the Plan and regulations are complying with the
    requirements of RCW 36.70A. The first review shall be completed no later than December 1, 2004. The review,
    and any revisions that result from the review, may be conducted in concert with the procedures used to annually
    amend the Comprehensive Plan.

    13.02.045         Adoption and amendment procedures.
    A. Adoption and amendment. The Comprehensive Plan, including any of its elements, and development
    regulations shall be adopted and amended by ordinance of the City Council. The procedures identified in this
    section shall be followed to adopt and amend the City’s Comprehensive Plan, including all elements, and to adopt
    and amend development regulations and regulatory procedures that implement the Comprehensive Plan.
    B. When Amendments Will Be Adopted. All amendments to the Comprehensive Plan shall be considered
    concurrently and no more frequently than once each year except that amendments may be considered more
    frequently under the following circumstances:
    1. An emergency exists;
    2. The initial adoption of a sub-area plan;
    3. The adoption or amendment of a shoreline master program under the procedures set forth in RCW 90.58;
    4. The amendment of the capital facilities element of the Comprehensive Plan that occurs concurrently with the
    adoption or amendment of the City’s biennial budget; or


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                                                         - 16 -
    5. To resolve an appeal of a Comprehensive Plan filed with the Central Puget Sound Growth Management Hearings
    Board or a decision of the state or federal courts.
    The proposed plan amendments shall be considered concurrently by the Planning Commission and City Council so
    that the cumulative effect can be ascertained. Amendments proposed to comply with the update requirements of
    RCW 36.70.A.130 will occur according to the time frames established therein.
    C. Who may propose an amendment. A proposed amendment to the Comprehensive Plan or development
    regulations may be submitted by any private individual, organization, corporation, partnership, or entity of any kind,
    including any member(s) of the Tacoma City Council or the Tacoma Planning Commission or other governmental
    Commission or Committee, the City Manager, any neighborhood or community council or other neighborhood or
    special purpose group, a department or office, agency, or official of the City of Tacoma, or of any other general or
    special purpose government.
    D. Amendment application. Items in the Department’s Work Program do not require an application. For all other
    items, The the Department shall prescribe the form and content for applications for amendments to the
    Comprehensive Plan and development regulations; application fees shall be as established by City Council action.
    The deadline for submitting an complete application to the Planning Commission, and paying any applicable fee, for
    amendment to the Comprehensive Plan is 5:00 p.m. on the final business day in JuneDecember 31, of any given year
    to be considered in the following annual amendment cycleyear; however, applications will be accepted at any time.
    Those applications to amend the Comprehensive Plan received after the above established deadline are less likely to
    be considered by the Commission for possible consideration in the current annual amendment cycle and are more
    likely to be considered in a subsequent amendment cycle, unless determined otherwise by the Planning Commission.
    Applications for a change to development regulations or a proposal for an area-wide zoning reclassification which
    are consistent with the Comprehensive Plan and do not require an amendment to the Comprehensive Plan can be
    submitted at any time. The application shall include, but not be limited to, the following:
    1. A description of the proposed amendment;
    2. The current land use intensity designation as shown on the Generalized Land Use Intensity Plan map, and zoning
    classification for the affected area;
    3. The desired land use intensity designation and/or zoning classification, if applicable;
    4. The reason the amendment is needed and being proposed;
    5. A description of the affected area including identification of affected parcels, ownership, current land uses, and
    site characteristics, such as topography and natural features;
    6. A description of the land uses surrounding the proposed amendment area;
    7. A description of how the proposed amendment enhances the applicable portion of the neighborhood element of
    the Comprehensive Plan. and a discussion of whether the proposed amendment was considered and included in a
    Neighborhood Council’s Action Strategy;
    8. A description of any community outreach and response to the proposed amendment;
    9. A demonstration by the applicant of consistency with the applicable policies of the Comprehensive Plan, and the
    criteria for amending the Comprehensive Plan or development regulations;
    10. Proposed amendatory language, if applicable;
    11. A map of the affected area, if applicable; and
    12. Additional application information may be requested by the Department, which may include, but is not limited
    to, completion of an environmental checklist, wetland delineation study, visual analysis, or other studies.
    The applicant is responsible for providing complete and accurate information. A meeting between the Department,
    staff, and the applicant to discuss the application submittal requirements before submitting an application is strongly
    advised.
    E. Selection Assessment procedure. The Department shall docket all amendment requests upon receipt to ensure
    that all requests receive due consideration and are available for review by the public. The Department will provide
    an assessment of all proposed amendment applications and forward proposed amendment applications to the


Annual Amendment Application #2009-01                                                                               Page 7 of 11
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                                                         - 17 -
    Planning Commission. This assessment shall include, but not be limited to, the assessment and amendment criteria
    contained herein. The Planning Commission will review this assessment and make its decision as to: (1) whether or
    not the application is complete or what information is needed to make the application complete; (2) which
    amendment application(s) will be considered and in which amendment cycle;. and (3) whether or not to prepare
    alternative proposed amendment(s) that either expand or contract the scope of the original proposed amendment.
    The Planning Commission shall make a determinations concerning proposed amendments within 120 days of
    receiving an application.
    F. Assessment criteria. Criteria for assessing plan amendment applications will include:
    1. Determining if the application is complete or what information is needed to make the application complete;
    21. Determining if the amendment request is legislative, and properly subject to Commission review, or quasi-
    judicial, and not properly subject to Commission review.
    2. Determining if the request is site-specific (i.e., a land use intensity or a zoning change for a specific parcel(s)
    likely to be under one ownership);
    3. Receipt prior toby the applicationDecember 31st deadline, if applicable (a large volume of requests before the
    deadline may necessitate that some requests be reviewed in a subsequent yearamendment cycle);
    4. Order of receipt;
    5. Recent sStudy of the same area or issue within the last year (this may be cause for the Commission to decline
    further review);
    6. Amount of analysis necessary for the Commission to reach an initial determination (if a large-scale study is
    required, an application a request may have to be delayed until a future amendment cycle the following year due to
    work loads, staffing levels, etc.); and
    7. Available incorporation into planned or active projects (if a request can be incorporated into a planned or active
    project, it may receive immediate consideration).
    G. Amendment criteria. Beyond being consistent or achieving consistency with the Comprehensive Plan, Proposed
    proposed amendments must meet at least one of the following criteria to be considered by the Planning Commission:
    1. There exists an obvious technical error in the pertinent Comprehensive Plan or regulatory code provisions;
    2. The amendment is consistent, or will achieve consistency with the Comprehensive Plan’s goals or policies;
    32. Circumstances related to the proposed amendment have significantly changed, or a lack of change in
    circumstances has occurred since the area or issue was last considered by the Planning Commission;
    43. The needs of the City have changed, which support an amendment;
    54. The amendment is compatible with existing or planned land uses and the surrounding development pattern;
    65. Growth and development, as envisioned in the Plan, is occurring faster, slower, or is failing to materialize;
    76. The capacity to provide adequate services is diminished or increased;
    87. Plan objectives are not being met as specified, and/or the assumptions upon which the Plan is based are found to
    be invalid;
    98. Transportation and/or other capital improvements are not being made as expected;
    109. For proposed amendments to land use intensity or zoning classification; Substantial substantial similarities of
    conditions and characteristics can be demonstrated on abutting properties that warrant a change in land use intensity
    or zoning classification; or
    1110. A question of consistency exists between the Comprehensive Plan and its elements and RCW 36.70A, the
    County-wide Planning Policies for Pierce County, Multi-County Planning Policies, or development regulations.
    H. Review of proposed amendments. Under the review and direction of the Planning Commission, the Department
    will evaluate the amendment application, collect necessary data, and conduct the appropriate analysis and make an
    environmental determination. The Department will solicit comments from the general public, organizations and


Annual Amendment Application #2009-01                                                                                   Page 8 of 11
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                                                         - 18 -
    agencies, other governmental departments and agencies, and adjacent jurisdictions as appropriate;. e-mail will be
    routinely used to contact organizations, agencies, and jurisdictions. For land use intensity changes, area-wide zoning
    reclassifications, and interim zoning of an area-wide nature, the Department shall ensure that a special notice of the
    acceptance of the application by the Planning Commission for consideration in the current amendment cycle is
    mailed to all property taxpayers, as indicated in the records of the Pierce County Assessor, within, and within
    400 feet of, the subject area. This notice will inform property taxpayers that an application has been filed, identify
    where the application and background information may be reviewed, describe in general terms the review and public
    comment process, establish a time and place for an informational meeting with City staff, and solicit preliminary
    comments.
    The Department will analyze, and make a recommendation on, each proposed amendment. Then, after a Public
    Hearing(s), The the Department will prepare a report summarizing the public hearing comments, provide a response
    to comments and make further recommendations, if appropriate, and forward the report and all comments to the
    Planning Commission for consideration. The Department will present the proposed amendments to the Planning
    Commission, which will conduct public meetings and hearings, and make recommendations to the City Council.
    1. Adoption or amendment of the Comprehensive Plan or development regulations shall be enacted only after
    public notice and public hearings by both the Planning Commission and City Council.
    2. The Planning Commission may recommend, and the City Council may adopt, or adopt with modifications, the
    Comprehensive Plan, development regulations, regulatory procedures, and amendments thereto, if:
    a. The adoption or amendment merits approval because it will benefit the City as a whole, will not adversely affect
    the City’s public facilities and services, and bears a reasonable relationship to the public health, safety, and welfare;
    and
    b. The adoption or amendment conforms to state statutes, including RCW 36.70A.
    I. Public hearing and action.
    1. The Planning Commission may formulate and recommend to the City Council adoption or amendment of the
    Comprehensive Plan, or adoption or amendment of development regulations or regulatory procedures that
    implement the Comprehensive Plan. In formulating its recommendations to the City Council, the Planning
    Commission shall provide public notice and conduct at least one public hearing. Advisory committees established
    in accordance with Section 13.02.015 may also conduct one or more public hearings prior to making
    recommendations to the Planning Commission. Planning Commission public hearings for adoption or amendment
    of development regulations and processes, moratoria, or interim zoning may be, but are not required to be, held at
    the same time as and in conjunction with the public hearing (s) for adoption or amendment of the Comprehensive
    Plan.
    2. At least one City Council public hearing on adoption or amendment of the Comprehensive Plan or development
    regulations shall be held prior to final action by the City Council; prior to making a substantial change to the
    proposal recommended by the Planning Commission, the City Council shall hold an additional hearing or hearings,
    with the City Clerk giving notice pursuant to 13.02.057.
    3. Consistent with RCW 36.70A, the Department must notify the Washington State Office of Community, Trade
    and Economic Development and other required state agencies of the City’s intention to adopt or amend the
    Comprehensive Plan or development regulations at least 60 days prior to adoption by the City Council, and mustto
    transmit copies of the adopted plan or development regulation and any amendment within 10 days after City Council
    action.
    J. Amendments considered under emergency situation. The Planning Commission and the City Council may
    consider amendments to the Comprehensive Plan at any time as a result of an emergency situation. Emergency
    Situations situations include situations involving official, legal, or administrative actions, such as those to
    immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private
    property, prevent an imminent threat of serious environmental degradation, or address the absence of adequate and
    available public facilities or services as provided for in Chapter 13.16 of the Tacoma Municipal Code, decisions by
    the Central Puget Sound Growth Management Hearings Board or the State or Federal Courts, or actions of a State
    Agency or Office or the State Legislature, affecting Tacoma will be reviewed by the Planning Commission with
    advice from the City Attorney’s Office to determine if an appropriate “emergency” exists, necessitating an
    emergency Comprehensive Plan amendment. Capital projects which are fully funded by non-City revenue (i.e., an

Annual Amendment Application #2009-01                                                                                  Page 9 of 11
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                                                         - 19 -
    outside grant or other “windfall”) are not considered emergencies and, therefore, amendment of the Comprehensive
    Plan is not necessary; however, such projects shall be added to the Capital Facilities Program at the next annual
    amendment cycle.

    13.02.050         Quorum.
    Repealed by Ord. 27172

    13.02.053         Area-wide zoning reclassifications.
    The Planning Commission may also consider the need for area-wide zoning reclassifications, in association with or
    independently of Comprehensive Plan amendments, including those associated with an annexation or which are
    necessary to maintain the zoning classification’s consistency with the Comprehensive Plan. The procedures for
    consideration of area-wide zoning reclassifications shall be as follows:
    1. Who may request an area-wide zoning reclassification, and how. The means of submitting a request for an area-
    wide zoning reclassification and those empowered to submit such a request shall be the same as in
    Section 13.02.045.
    2. Process for area-wide zoning reclassification. An area-wide zoning reclassification implementing the goals and
    policies of the Comprehensive Plan will be conducted by the Planning Commission, consistent with
    RCW 42.36.010, with recommendation to the City Council. Area-wide zoning reclassifications which are
    inconsistent with the Comprehensive Plan shall be proposed for adoption at the same time as and in conjunction
    with the Plan’s amendment. Area-wide zoning reclassifications which are consistent with the Comprehensive Plan
    and do not require plan modification may be considered at any time.
    3. Public Hearing and Recommendation for an Area-Wide Zoning Reclassification. The Planning Commission
    shall conduct a public hearing to consider an area-wide zoning reclassification and to determine the consistency of
    the reclassification with the Comprehensive Plan and its elements and RCW 36.70A. In making its recommendation
    to the City Council, the Planning Commission shall make findings and conclusions to demonstrate the manner in
    which the area-wide reclassification carries out and helps implement the goals and policies of the Comprehensive
    Plan. If a reclassification is recommended, it shall be based on, but not limited to, the following circumstances:
    (a) substantial evidence is presented demonstrating that growth and development is occurring in a different manner
    than presented in the Comprehensive Plan; (b) the proposed area-wide reclassification is consistent with the
    Comprehensive Plan and the Generalized Land Use Plan map; (c) the reclassification is needed to further implement
    the Comprehensive Plan; (d) the proposed reclassification is needed to maintain consistency with proposed
    amendments to the Comprehensive Plan; (e) there is substantial evidence presented showing inconsistency between
    the designated land use intensity in the subject area and the existing zoning; or (f) the subject property is suitable for
    development in general conformance with the zoning standards under the recommended rezone classification.
    4. At least one public hearing on a proposed area-wide zoning reclassification shall be held prior to final action by
    the City Council.

    13.02.055         Moratoria and interim zoning.
    A. Who may request moratoria or interim zoning, and how. Those empowered to submit a request shall be the
    same as in Section 13.02.045.C. Those empowered may petition the City Council or Planning Commission, in
    writing, to request moratoria or interim zoning, including the specific geographic location and describing what
    circumstances contribute to an emergency situation or the need for protective measures.
    B. Process for moratoria and interim zoning. A moratorium and/or interim zoning controls may be considered
    either as a result of an emergency situation or as a temporary protective measure to prevent vesting of rights to
    develop under existing zoning and development regulations. Moratoria or interim zoning may be initiated by either
    the Planning Commission or the City Council by means of determination at a public meeting that such action may be
    warranted. Where an emergency exists, prior public notice may be limited to the information contained in the public
    meeting agenda. City Council-initiated moratoria or interim zoning shall be referred to the Planning Commission
    for findings of fact and a recommendation prior to action; provided, that where an emergency is found to exist by the
    City Council, it may act immediately and prior to the formulation of Planning Commission findings of fact and
    recommendation. At its next available meeting immediately following the City Council’s referral or action, the
    Planning Commission shall consider the measure and, if it finds evidence that an emergency exists necessitating the

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                                                         - 20 -
    immediate imposition of a moratorium or interim zoning, or that temporary measures are needed to protect the status
    quo, it shall recommend adoption to the City Council. The Planning Commission shall respond with its findings of
    fact and recommendation to the Council within 30 days of the date of the Commission meeting at which it is first
    made aware of the Council’s request. In emergency situations where the City Council has first enacted a
    moratorium or interim zoning, but where the Planning Commission’s findings of fact and recommendation do not
    support the action, the City Council shall reconsider, but shall not be bound to reversing, its action.
    C. Public hearing and action. The Planning Commission will hold at least one public hearing prior to formulating
    its recommendation to the City Council. The public hearing may be, but it is not required to, be held at the same
    time and in conjunction with the amendment of the Comprehensive Plan. Where an emergency exists, public
    hearings regarding moratoria or interim zoning may be held after the Planning Commission forwards its findings of
    fact and recommendation to the City Council, and after action has been taken by the City Council.
    In the case of moratoria or interim zoning, the City Council shall hold a public hearing within at least 60 days of
    adopting any moratoria or interim zoning, as provided by RCW 36.70A.390. The City Council shall adopt findings
    of fact justifying the adoption of moratoria before, or immediately after, it holds a public hearing.
    D. Duration of Moratorium or Interim Zoning. As part of its findings of fact and recommendation, the Planning
    Commission shall recommend to the City Council a duration for the moratorium or interim zoning controls and note
    if a study, either underway or proposed, is expected to develop a permanent solution and the time period by which
    that study would be concluded. Moratoria or interim zoning may be effective for a period of not longer than six
    months, but may be effective for up to one year if a work plan is developed for related studies requiring such longer
    period. Moratoria or interim zoning may be renewed for an unlimited number of six-month intervals following their
    imposition; provided, that prior to each renewal, a public hearing is held by the City Council and findings of fact are
    made which support the renewal.

    13.02.057         Notice for public hearings.
    A. The Department shall give public/legal notice of the subject, time and place of the Planning Commission, or its
    advisory committee, public hearings in a newspaper of general circulation in the City of Tacoma prior to the hearing
    date. The Department shall provide notice of Commission public hearings on proposed amendments to the
    Comprehensive Plan and development regulations to adjacent jurisdictions, other local and state government
    agencies, Puyallup Tribal Nation, the applicable current neighborhood council board members pursuant to City
    Ordinance No. 25966, and other affected individuals or organizations identified by the Department as either affected
    or likely to be interested. For land use intensity changes, area-wide zoning reclassifications, and interim zoning of
    an area-wide nature, the Department shall ensure that a special notice of public hearing shall be is mailed provided
    to all property taxpayers, as indicated in the records of the Pierce County Assessor, within, and within 400 feet of,
    the subject area.
    B. The Department shall require that for all applicants requesting a land use intensity change or an area-wide zoning
    classification change to post a public information sign(s), provided by the Department, is posted on the affected site
    or sites at least 14 calendars days prior to the Planning Commission public hearing.
    C. The sign shall be erected at a location or locations as determined by the Department, and shall remain on site
    until final decision is made by the City Council on the land use intensity change or area-wide zoning classification;
    applicants shall check the sign(s) periodically in order to make sure that the sign(s) remains up and in a readable
    condition.
    D. The sign shall contain, at a minimum, the name of the applicant, a description and location of the proposed
    amendment, and where additional information may be obtained.
    E. The City Clerk shall give public notice of the subject, time and place of public hearings for actions by the City
    Council in a newspaper of general circulation in the City of Tacoma prior to the hearing date.

    13.02.060         Reports
    Repealed by Ord. 24942




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                                                       - 21 -
- 22 -
                            2009 Annual Amendment Application No. 2009-02
                                 Critical Areas Preservation Ordinance

                                               STAFF REPORT


     Applicant:                         Port of Tacoma
     Application #:                     2009-02
     Type of Amendment:                 Update to Critical Areas Regulations, TMC Chapter 13.11
     Current Land Use Intensity:        High
     Current Area Zoning:               S-10 Port Industrial Shoreline District
     Size of Area:                      Approximately 904 acres (land and water area) along 14.6 miles of
                                        shoreline
     Location:                          Hylebos, Blair and Sitcum Waterways
     Neighborhood Council area:         New Tacoma Neighborhood Council District
     Proposed Amendment:                Amend Chapter 13.11 of the Tacoma Municipal Code, Critical
                                        Areas Preservation, to allow for dredging, demolition, and normal
                                        maintenance and repair of existing shoreline structures within the
                                        Hylebos, Blair and Sitcum Waterways with a letter of exemption
                                        rather than a permit



    General Description of the Proposed Amendment:
    The amendment will revise Chapter 13.11 of the Tacoma Municipal Code, Critical Areas
    Preservation, within the shoreline jurisdiction of the Hylebos, Blair and Sitcum waterways, to
    allow for normal maintenance and repair of existing shoreline modifications (shoreline
    protection, maintenance dredging, piers, docks, and other existing shoreline structures or
    developments) and demolition of structures with a letter of exemption rather than a permit.


    Additional Information:
    The Growth Management Act (GMA) requires, among other things, the protection of
    critical areas and the environment. In 1995, the State legislature amended the GMA
    requiring that Best Available Science (BAS) be used in developing policies and
    regulations to protect critical areas. On November 15, 2005, the City Council amended
    the Critical Areas Preservation Ordinance (CAPO) to include BAS requirements;
    however, a Petition for Review was filed with the Growth Management Hearings Board
    (GMHB), challenging certain aspects of the ordinance. The petitioners alleged that the
    City’s updated CAPO was not in compliance with GMA for failing to fully protect
    marine critical areas. On November 1, 2007, the GMHB determined that the regulations
    were not compliant and would have to be revised.



Annual Amendment Application #2009-02                                                                Page 1 of 8
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                                               - 23 -
    After over six months of public review and comment, two Planning Commission public hearings,
    and one City Council public hearing, the City Council adopted revised critical areas on July 1,
    2008. On August 7, 2008, the Board found these regulations compliant with State law. These
    revised regulations designate all marine waters as Fish and Wildlife Habitat Conservation Areas
    (FWHCAs) and require a permit for activities impacting a FWHCA or its buffer.

    Also, permit exemptions for FWHCAs were clarified and two types of exemptions were adopted.
    The first type of exemption, contained in TMC 13.11.140.B, requires the submittal of an
    application that includes a description of the specific activity, the critical area affected, the
    section of the code that applies, and a description of the reasonable methods to avoid and
    minimize impact to the critical area. This type of exemption includes activities such as:
    emergency repair, utility operations and infrastructure maintenance and repair; maintenance and
    repair of existing bulkheads, shoreline armoring, and bioengineered stabilization measures
    designed to protect property from erosion; construction of pedestrian trails within the buffer of a
    wetland, stream, lake, pond, or FWHCA; removal of hazard trees; and, work under orders and
    consent decrees. This type of exemption is approved or denied by City staff, with conditions of
    approval imposed to protect the critical area being affected.

    The second type of exemption, contained in TMC 13.11.140.C, does not require an application
    submittal, and covers only minor activities, such as maintenance of existing landscaping, public
    and private accessways, trails, paths, promenades, stairways, and parking lots, and allows for
    passive recreational activities, educational activities, and other minor activities.

    Within the shoreline jurisdiction of the Hylebos, Blair and Sitcum waterways, the proposed
    amendment would add normal maintenance and repair of existing shoreline modifications
    (shoreline protection, maintenance dredging, piers, docks, and other existing shoreline structures
    or developments) and demolition of structures as a listed exemption requiring an application,
    review and a letter of exemption, per TMC 13.11.140.B as described above.


    Applicable Provisions of the Growth Management Act (GMA), the Shoreline Management
    Act (SMA), and the State Environmental Policy Act (SEPA):

    The GMA requires that critical areas, including fish and wildlife habitat conservation areas, be
    designated and protected utilizing the best available science (BAS) 1 to ensure “no net loss” of
    ecological function. The City of Tacoma’s CAPO is housed within the Tacoma Municipal Code,
    Chapter 13.11. The critical areas regulations overlap the Shoreline Management Act (SMA) and
    provide additional protections and use regulations for all areas within 200’ of the shoreline’s
    ordinary high water mark.



    [1]In designating and protecting critical areas under this chapter, counties and cities shall include the
    best available science in developing policies and development regulations to protect the functions and
    values of critical areas. In addition, counties and cities shall give special consideration to conservation or
    protection measures necessary to preserve or enhance anadromous fisheries (RCW 36.70A.172(1))



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    The SMA emphasizes three primary uses for shorelines of the state: (1) public access; (2) water-
    dependent and water-related uses; and (3) ecological preservation and restoration. Per the SMA,
    all jurisdictions must develop a Master Program for their shorelines that demonstrate how that
    jurisdiction will implement the goals and policies of the SMA. The policies are contained within
    the City of Tacoma’s Shoreline Master Program (SMP) and the corresponding development
    regulations are found within TMC 13.10.

    The City of Tacoma is currently in the process of updating its SMP to bring it into conformance
    with the updated Washington Administrative Code Chapter 173-26 guidelines and the goals and
    policies of the SMA. As part of this update, the CAPO will be integrated with the SMP in a way
    that protects site specific as well as large-scale ecological functions and values, while
    accommodating the priority uses that are encouraged in the SMA. The standard of protection
    under the Department of Ecology’s Guidelines, and under which the City is currently updating
    its SMP, is “no net loss of ecological functions”.

    While the City’s existing critical areas ordinance continues to apply within the shoreline
    jurisdiction, once the Department of Ecology has approved the SMP update, the authority for
    protection of shoreline resources will be transferred solely to the SMP.

    Normal maintenance and repair of existing shoreline structures or developments is exempt from
    the substantial development permit requirements of the SMA, Chapter 90.58.030(3)(e) RCW,
    and associated state regulations, Chapter 173-27-040(2)(b) WAC, and the Tacoma Shoreline
    Master Program (SMP). Dredging is a shoreline “development” under the definitions of the
    SMA, and maintenance dredging, along with other maintenance and activities, is exempt from
    shoreline substantial development permits. Demolition is not considered substantial development
    and is not subject to the permit requirements of the SMA.

    Activities currently exempt under the SMA must be exempt under the updated SMP. This relates
    to the current proposed amendment in that once this authority is transferred, the City will be
    required to exempt those activities as required by the SMA and will not be allowed to adopt
    stricter regulations, as is the current case.

    In addition, repair, remodeling, and maintenance activities, with the exception of maintenance
    dredging, are categorically exempt from the review requirements of SEPA under Chapter 197-
    11-800 (3). Many demolition activities are also categorically exempt from the review
    requirements of SEPA under Chapter 197-11-800 (2) (f).

    Again, by definition, demolition and normal maintenance and repair will not result in a net loss
    of ecological function, and in many cases, will improve existing ecological conditions due to the
    application of updated construction techniques and materials.

    Therefore, the proposed amendment is consistent with the GMA, the SMA, SEPA, and the
    current Ecology requirements and guidance, and will be consistent with the updated Tacoma
    SMP, once adopted by the City and approved by Ecology.




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                                              - 25 -
    Applicable Provisions of the Comprehensive Plan:

    The Environmental Policy Element of the City’s Comprehensive Plan contains a number of
    goals, policies, and intent relative to critical areas, including Fish and Wildlife Habitat
    Conservation Areas and marine shoreline areas. The proposed amendment should strengthen the
    ties and help to implement policy contained in the Environmental Policy Element. A preliminary
    staff analysis shows that the proposed amendment is consistent with the Comprehensive Plan.

    A more detailed assessment of applicable provisions of the Comprehensive Plan will be
    completed before the Planning Commission’s public hearing.


    Applicable Provisions of the Land Use Regulatory Code:

    Critical areas regulations are contained within Chapter 13.11 of the Tacoma Municipal Code.
    Chapter 13.11 regulates critical areas including Fish and Wildlife Habitat Conservation Areas
    (FWHCAs) and Marine Riparian Buffers for each shoreline district. These regulations are
    intended to protect the water-quality and large-scale habitats and functions of Tacoma’s shores.
    Allowing the proposed activities with a letter of exemption will implement the intent of Chapter
    13.11 because with a letter of exemption, conditions of approval are imposed on the project to
    ensure the protection of the critical area and no net loss of ecological function.

    Shoreline regulations are contained within Chapter 13.10 of the Tacoma Municipal Code.
    Currently, TMCs 13.10 and 13.11 overlap for critical area regulations, with the most restrictive
    regulations applying. In this case, TMC 13.11 is stricter than TMC 13.10 and the SMA. The
    SMA and SMP would allow the proposed activities in most of Tacoma’s shoreline districts, and
    specifically, these waterways, with a letter of exemption. However, the critical area regulations
    are currently housed in TMC 13.11 and are governed by the GMA. Staff analysis shows that with
    proper conditions of approval and review, no net loss of ecological function will still occur with
    a letter of exemption.

    Demolition, and normal maintenance and repair of shoreline structures or developments, while
    exempt from the substantial development permit requirements of the SMA and the review
    requirements of SEPA, must be consistent with the policy goals of both statutes. The City may
    continue to condition shoreline letters of exemption to assure that ecological resources are
    protected and that no net loss of ecological function occurs. Exempt projects would also still be
    required to comply with applicable sections of the City regulatory code and development
    standards including, for example, grading and erosion control regulations, storm water
    management standards, and building code requirements. In most cases, maintenance and repair
    of in-water structures is subject to regulatory review and approvals by the state Department of
    Fish & Wildlife under the state Hydraulic Code, Chapter 75.20 RCW and associated regulations
    Chapter 220.110 WAC, and by the U.S. Army Corps of Engineers under Section 10 of the Rivers
    and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344).




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    Amendment Criteria: Applications for amendments to the Comprehensive Plan and Land Use
    Regulatory Code are subject to review based on the adoption and amendment procedures and the
    review criteria contained in TMC 13.02.045.G. Proposed amendments are required to meet at
    least one of the eleven review criteria to be considered by the Planning Commission. The
    following section provides a review of each of these criteria with respect to the proposal. Each of
    the criteria is provided, followed by staff’s analysis of the criterion as it relates to this proposal.

        1. There exists an obvious technical error in the pertinent Comprehensive Plan or
           regulatory code provisions.

            Staff Analysis: Not applicable.

        2. The amendment is consistent with the Comprehensive Plan’s goals or policies or will
           achieve consistency.

            Staff Analysis: The proposal is consistent with the Comprehensive Plan- Environmental
            Policy Plan Element.

        3. Circumstances related to the proposed amendment have significantly changed, or a
           lack of change in circumstances has occurred since the area or issue was last
           considered by the Planning Commission.

            Staff Analysis: A change in circumstances has occurred since the CAPO amendments
            were last before the Planning Commission in 2008. Since that time, the Port of Tacoma,
            through an application for maintenance dredging in the Hylebos Waterway, became
            aware that activities previously allowed under the SMP with a letter of exemption, are
            now required to obtain a critical areas (FWHCA) permit. This permit requirement is
            costly and delays improvements to facilities important to our local, regional, and national
            economy.

            The proposed amendment will be consistent with other city and state regulatory
            programs, remove administrative burdens for the City and project applicants within the
            three affected waterways in the port area, and assure that maintenance and repair of
            essential transportation facilities can occur in a timely fashion, all without removing
            regulatory requirements that ecological resources be protected within the critical areas of
            the City.

            While the SMP is currently being updated and this amendment could potentially be made
            through this update, it needs to be completed now due to economic pressures. The Port
            spends hundreds of thousands of dollars each year maintaining its facilities. These
            projects need to be timely so as to not delay commerce. The Blair, Hylebos, and Sitcum
            Waterways are the least environmentally sensitive areas in Tacoma and have different
            ecological functions and values than Tacoma’s other shorelines. However, to ensure no
            net loss of ecological function to Tacoma’s other shoreline areas, the development
            standards for overwater structures need to be reviewed and updated. This review,



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                                                - 27 -
            reflecting the latest science standards for ecological protection, will be conducted as part
            of the SMP update.

        4. The needs of the City have changed, which support an amendment.

            Staff Analysis: See Comment #3 above.

        5. The amendment is compatible with existing or planned land uses and the
           surrounding development pattern.

            Staff Analysis: The amendment is compatible with existing or planned land uses and the
            surrounding development pattern.

        6. Growth and development, as envisioned in the Plan, is occurring faster, slower, or is
           failing to materialize.

            Staff Analysis: Critical areas include critical aquifer recharge areas, fish and wildlife
            habitat conservation areas, flood hazard areas, geologically hazardous areas, stream
            corridors, wetlands, and any buffer zones. These critical areas serve many important
            ecological functions. Many of the critical areas in Tacoma have been lost or degraded
            through past development. Tacoma, as an urban growth area, is experiencing increasing
            growth and its land resource is diminishing. This increasing growth and diminishing land
            resource is creating pressure for the development of critical areas. New construction
            technology is also creating pressure on these sites by making development feasible on
            sites where it was formerly impractical to build.

            This amendment is proposed in an area that has been designated for water-dependent
            industrial uses and port operations, and should be allowed to develop as such. Stifling the
            Port’s ongoing operations with difficult requirements for demolition, maintenance, and
            rehabilitation conflicts with the City’s Comprehensive Plan which encourages
            concentration of employment opportunities and industrial activities within existing high-
            intensity areas, where there is access to major transportation facilities.

        7. The capacity to provide adequate services is diminished or increased.

            Staff Analysis: Activities routinely conducted by the Port of Tacoma in the dredged
            channels of the Blair, Hylebos, and Sitcum Waterways are being adversely affected by
            untimely delays and costs.

        8. Plan objectives are not being met as specified, and/or the assumptions upon which
           the plan is based are found to be invalid.

            Staff Analysis: Not applicable.

        9. Transportation and and/or other capital improvements are not being made as
           expected.


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                                                - 28 -
            Staff Analysis: Not applicable.

        10. Substantial similarities of conditions and characteristics can be demonstrated on
            abutting properties that warrant a change in land use intensity or zoning
            classification.

            Staff Analysis: Not applicable.

        11. A question of consistency exists between the Comprehensive Plan and its elements
            and RCW 36.70A, the County-wide Planning Policies for Pierce County, Multi-
            County Planning Policies, or development regulations.

            Staff Analysis: Not applicable.


    Economic Impact Assessment:

    The Port of Tacoma is a major economic and employment center for the city and the region. The
    Port owns and operates six containerized cargo terminals, three general cargo terminals, and 14
    deep water berths along the Sitcum, Blair, and Hylebos waterways. Individual facilities include
    611 acres of terminals and 13,060 lineal feet of pier aprons with associated fenders, dolphins,
    ramps, cranes, and other terminal equipment, buildings, rail, truck lanes, and related
    infrastructure. These facilities and structures are constantly under stress from winds, waves, and
    currents in the marine environment, as well as heavy service wear and tear. Simply stated, the
    Port’s shoreline facilities require constant maintenance and repair. The Port is both a direct
    operator and a landlord that develops and leases property to tenants who operate and maintain
    their own facilities.

    Due to the nature of international shipping schedules and patterns of operation, the Port must
    assure that there is 24/7 availability of terminal facilities and infrastructure. Maintenance and
    repair assures maximum efficiency for Port terminal users and tenants, increases worker safety,
    and reduces environmental risks due to potential structural failures. Timely and efficient
    maintenance and repair of existing Port structures and facilities assures that there will be efficient
    utilization of existing facilities within the Port industrial area.

    The Port typically expends hundreds of thousands of dollars per year on maintenance and repair,
    and submits five to ten plus maintenance and/or repair projects per year for local, state, and
    federal permitting approval. In the coming two years, the Port expects those numbers to remain
    the same or increase.

    The proposed amendment is expected to generate positive economic impacts to the community
    by allowing activities routinely conducted by the Port of Tacoma in the dredged channels of the
    Blair, Hylebos, and Sitcum Waterways continue to occur in a timely manner.




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                                                - 29 -
    Proposed Amendment:

    The proposed amendment would modify Chapter 13.11 by adding normal maintenance and
    repair of existing shoreline modifications (shoreline protection, maintenance dredging, piers,
    docks, and other existing shoreline structures or developments) and demolition of structures as
    activities that are exempt from a FWHCA permit. Staff believes that without the proposed
    amendment, unnecessary costs and delays will be incurred. Allowing the proposed amendment is
    a reasonable way to allow for protection of critical areas while also providing efficient and
    effective review processes for maintenance, repair, and demolition activities currently exempt
    under the Shoreline Management Act. Additionally, the letter of exemption is likely to contain
    the same conditions of approval as a permit.


    Exhibits:
    A.    Proposed Revisions to TMC 13.11
    B.    Map of Eligible Exemption Area for Blair, Hylebos, and Sitcum Waterways




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                                             - 30 -
                              2009 Annual Amendment Application No. 2009-02
                                   Critical Areas Preservation Ordinance

                                         STAFF REPORT – EXHIBIT A
                               PROPOSED LAND USE REGULATORY CODE CHANGES

                                                      Chapter 13.11
                                       CRITICAL AREAS PRESERVATION

    13.11.100 General Provisions.
    The 100 section contains the general provisions, including the following:
    13.11.110       Purpose.
    13.11.120       Intent.
    13.11.130       Scope and Applicability.
    13.11.140       Exempted Activities.
    13.11.150       Repealed.
    13.11.160       Pre-existing Uses/Structures.
    13.11.170       Critical Area Designation and SEPA.
    13.11.180       Abrogation and Greater Restrictions.
    13.11.190       Severability.
    13.11.200       Notice on Title.
    13.11.210       Residential Density Credits.
    13.11.220       Regulated Uses/Activities.
    13.11.230       Application Types.
    13.11.240       Legal Test(s).
    13.11.250       Review Process.
    13.11.260       General Mitigation Requirements.
    13.11.270       Sureties.
    13.11.280       Conditions, Appeals and Enforcement.
    13.11.300       Wetlands.
    13.11.310       Wetland Classification.
    13.11.320       Wetland Buffers.
    13.11.330       Wetland Buffer Modifications.
    13.11.340       Wetland Standards.
    13.11.350       Wetland Mitigation Requirements.
    13.11.360       Repealed.
    13.11.400       Streams and Riparian Habitats.
    13.11.410       Stream Classification.
    13.11.420       Stream Buffers.
    13.11.430       Stream Buffer Modification.
    13.11.440       Stream Crossing Standards.
    13.11.450       Stream Mitigation Requirements.
    13.11.500       Fish and Wildlife Habitat Conservation Areas (FWHCAs).
    13.11.510       Classification.
    13.11.520       Standards.
    13.11.530       FWHCA’s Shoreline – Marine Buffers.
    13.11.540       FWHCA’s Marine Buffer Modifications.
    13.11.550       FWHCA’s Mitigation Requirements.
    13.11.560       FWHCA’s Management Areas.
    13.11.580       Habitat Zones.
    13.11.600       Flood Hazard Areas.
    13.11.610       Classification.


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    13.11.620        Standards.
    13.11.700        Geologic Hazardous Areas.
    13.11.710        Designation.
    13.11.720        Classification.
    13.11.730        General Development Standards.
    13.11.800        Aquifer Recharge Areas.
    13.11.810        Classification.
    13.11.820        Standards.
    13.11.900        Definitions.

    (Ord. 27728 Ex. A; passed Jul. 1, 2008: Ord. 27431 § 12; passed Nov. 15, 2005)

    13.11.110 Purpose.
    The purpose of this chapter is to protect the public health, safety, and welfare by establishing a regulatory scheme
    based on Best Available Science that classifies, protects, and preserves Tacoma’s critical areas; by providing
    standards to manage development in association with these areas; and by designating some of these areas as
    environmentally sensitive in accordance with the State Environmental Policy Act (SEPA). Many critical areas
    provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents,
    while others may pose a threat to human safety, or to public and private property. (Ord. 27431 § 13; passed
    Nov. 15, 2005: Ord. 27294 § 2; passed Nov. 16, 2004)

    13.11.120 Intent.
    A. Critical areas include critical aquifer recharge areas, fish and wildlife habitat conservation areas (FWHCAs),
    flood hazard areas, geologically hazardous areas, stream corridors, wetlands, and any buffer zones. These critical
    areas serve many important ecological functions. Many of the critical areas in Tacoma have been lost or degraded
    through past development. Tacoma, as an urban growth area, is experiencing increasing growth and its land
    resource is diminishing. This increasing growth and diminishing land resource is creating pressure for the
    development of critical areas. New construction technology is also creating pressure on these sites by making
    development feasible on sites where it was formerly impractical to build.
    B. Because of the ecological benefits of critical areas, their past destruction, and the increasing pressure to develop
    them, the intent of this chapter is to ensure that the City’s remaining critical areas are preserved and protected and
    that development in or adjacent to these areas is managed. The preservation standards are provisions designed to
    protect critical areas from degradation caused by improper development. These criteria and standards will secure
    the public health, safety, and welfare by:
    1. Protecting members of the public and public resources and facilities from injury, loss of life, or property damage
    due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, flooding or similar events;
    2. Maintaining healthy, functioning ecosystems through the protection of ground and surface waters, wetlands, and
    fish and wildlife and their habitats, and to conserve biodiversity of plant and animal species;
    3. Preventing cumulative adverse impacts to water quality, streams, FWHCAs, and wetlands including the
    prevention of net loss of wetlands.
    4. Providing open space and aesthetic value;
    5. Providing migratory pathways for fish and birds;
    6. Giving special consideration to conservation or protection measures necessary to preserve or enhance
    anadromous fisheries;
    7. Providing unique urban wilds that serve as natural laboratories for schools and the general public;
    8. Avoiding public expenditures to correct damaged or degraded critical ecosystems;
    9. Alerting appraisers, assessors, owners, potential buyers, or lessees to the potential presence of a critical
    ecosystem and possible development limitations; and




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                                                         - 32 -
    10. Providing City officials with information, direction, and authority to protect ecosystems when evaluating
    development proposals. (Ord. 27728 Ex. A; passed Jul. 1, 2008: Ord. 27431 § 14; passed Nov. 15, 2005:
    Ord. 27294 § 2; passed Nov. 16, 2004)

    13.11.130 Scope and Applicability.
    A. The provisions of this chapter apply to all lands, all land uses and development activities, and all structures and
    facilities in the City, whether or not a permit or authorization is required, and shall apply to every person, firm,
    partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within
    the City. This chapter specifically applies to any activity which would destroy the natural vegetation; result in a
    significant change in critical habitat, water temperature, physical, or chemical characteristics; or alter natural
    contours and/or substantially alter existing patterns of tidal, sediment, or storm water flow on any land which meets
    the classification standards for any critical area defined herein. Such activities include excavation, grading, filling,
    the removal of vegetation, and the construction, exterior alteration, or enlargement of any building or structure. In
    addition, this chapter applies to all public or private actions, permits, and approvals in or adjacent to a critical area
    and its buffer, including, but not limited to, the following:
    1. Building, demolition, clearing and grading, filling, special, storm water, and sanitary sewer permits, and local
    improvement districts;
    2. Subdivisions and short plats;
    3. Reclassifications, site plan approvals, shoreline substantial development permits, and special and conditional use
    permits and variances.
    B. Review, Assessment and Permit Requirements.
    1. Review of development activities within the jurisdiction of the Shoreline Management Act, including Puget
    Sound, Wapato Lake, or any stream where the mean annual flow is 20 cubic feet per second or greater are regulated
    under provisions of both this Chapter and TMC 13.10, Shoreline Management. If there are any conflicts between
    TMC 13.10, Shoreline Management, and Chapter 13.11, Critical Areas Preservation, the most restrictive
    requirements shall apply.
    a. Development activities that require a Shoreline Substantial Development permit do not require a separate
    Wetland/Stream/FWHCA permit or exemption, provided the Shoreline Substantial Development Permit review
    includes review for consistency with this Chapter.
    b. Development activities that require a Shoreline Exemption and a Wetland/Stream/FWHCA permit will be
    processed separately.
    c. Development activities that require a Shoreline Exemption and a Wetland/Stream/FWHCA exemption will be
    processed under the Shoreline Exemption.
    d. Development activities that do not require a building or land use permit may still be subject to a
    Wetland/Stream/FWHCA permit or exemption.
    2. Review of development activities outside the jurisdiction of the Shoreline Management Act.
    a. Development activities that require a land use or building permit do not require a separate FWHCA permit
    provided:
    1) Identification of FWHCA’s and their Management Area is conducted according to 13.11.250 and none are found
    that would affect the development site, or
    2) If a FWHCA or FWHCA Management Area is found on the project site the applicant complies with applicable
    WDFW species management recommendation or with an approved Habitat Management Plan (HMP) submitted by
    the applicant.
    b. Development activities that do not require a land use or building permit may require a separate FWHCA permit
    under this Chapter.
    c. A separate wetland/stream permit may be required when wetlands, streams or their associated buffers are found
    on the development site.


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                                                         - 33 -
    C. Critical areas may be located through the use of information from the United States Department of Agriculture
    Natural Resource Conservation Service, the United States Geological Survey, the Washington Department of
    Ecology, the Coastal Zone Atlas, the Washington Department of Fish and Wildlife Priority Habitat and Species
    maps, the Washington Department of Natural Resources Aquatic Lands Program, the National Wetlands Inventory
    maps, Tacoma topography maps, the City’s Generalized Wetland and Critical Areas Inventory maps, and Pierce
    County Assessor’s maps. The City’s Generalized Wetland and Critical Areas Inventory maps and other above-listed
    sources are only guidelines available for reference. The actual location of critical areas must be determined on a
    site-by-site basis according to the classification criteria. (Ord. 27728 Ex. A; passed Jul. 1, 2008: Ord. 27431 § 15;
    passed Nov. 15, 2005: Ord. 27294 § 2; passed Nov. 16, 2004)
    13.11.140 Exempted Activities.
    A. Exempt activities and impacts to critical areas. All work shall be conducted using best management practices to
    ensure that flow, circulation patterns, and chemical and biological characteristics of the critical area are not
    impaired. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted
    activity shall be restored, rehabilitated, or replaced at the responsible party’s expense.
    B. Exemption application and review process. The following activities require letter of exemption in accordance
    with the process in Section 13.11.250. The exemption application shall include, but not be limited to a description
    of the specific activity, the critical area affected, the section of the code that applies, and a description of the
    reasonable methods to avoid and minimize impact to the critical area. The City may impose conditions to the
    exemption approval as necessary to meet the requirements of this Chapter. A Joint Aquatic Resource Permit
    Application (JARPA) is required for exemptions required by TMC 13.10, Shoreline Management.
    1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare or
    pose an immediate risk of damage to private property and that require remedial or preventative action in a timeframe
    too short to allow for normal processing. Emergency actions that create an impact to a critical area or its buffer shall
    use best management practices to address the emergency and, in addition, the action must have the least possible
    impact to the critical area or its buffer.
    The person or agency undertaking such action shall notify the City within one (1) working day following the
    commencement of the emergency activity. The City shall determine if the action taken was within the scope of an
    emergency action and following that determination, may require the action to be processed in accordance with all
    provisions of this chapter including the application of appropriate permits within thirty (30) days of the impact. The
    emergency exemption may be rescinded at any time upon the determination by the City that the action was not, or is
    no longer necessary.
    After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary mitigative
    actions including, but not limited to, restoration and rehabilitation or other appropriate mitigation for any impacts to
    the critical area and buffers resulting from the emergency action in accordance with an approved mitigation plan.
    All mitigation activities must take place within one (1) year following the emergency action and impact to the
    critical area, or within a timeframe approved by the City and reflected within an approved schedule. Monitoring will
    be required as specified in the General Mitigation Requirements (Section13.11.260).
    2. Utility operations and infrastructure maintenance and repair.
    a. Maintenance and repair of legally existing roads, structures, or facilities used in the service of the public to
    provide transportation, electricity, gas, water, telephone, telegraph, telecommunication, sanitary sewer, or other
    services and the installation or construction within improved street rights-of-way of structures or facilities used to
    provide such services are exempt from the requirements of this chapter; provided a one-time application for such
    exemption is made to and approved by the City. All work must be conducted using best management practices and
    comply with applicable manuals for the action, including but not limited to, the current Regional Road Maintenance
    Manual. The City may place conditions on any such one-time exemption.
    b. The maintenance and repair of legally existing roads, structures, or facilities used in the service of the public to
    provide storm water services may occur without application to and approval by the City provided such work is
    conducted using best management practices, and is in compliance with the current City Surface Water Management
    Manual.
    c. Holding basins and detention ponds that are part of the municipality’s storm water system are exempt from the
    provisions of this chapter when such holding basin and detention pond is controlled by an engineered outlet.

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                                                        - 34 -
    Any potential wetland area that does not meet the wetland definition as described within this Chapter is exempt from
    the provisions of this Chapter. Non-jurisdictional wetland determination may require a Wetland Assessment.
    3. Isolated Category III or Category IV wetlands, which have been classified and identified as having a total
    cumulative area of less than 1,000 square feet, regardless of property lines are exempt from the provision of this
    Chapter provided they:
    a. Are of low habitat function (less than 20 points in the Washington Wetlands Rating System for Western
    Washington).
    b. Are not part of a mosaic wetland system.
    c. Are not associated with a Shoreline of the state or wetland that is part of a riparian habitat area, and
    d. Are not critical habitat to local populations of priority species.
    4. Geotechnical investigation activities may be performed, provided that an access plan, protection measures, best
    management practices, and restoration are utilized to protect and maintain the critical area where possible. These
    items must be included with the exemption application.
    5. Reconstruction, remodeling, or maintenance of existing structures and accessory structures that are located
    outside a flood hazard area and active landslide hazard area, provided that a one-time only expansion of the building
    footprint does not increase by more than 25 percent and that the new construction or related use extends away from
    the critical area or related buffer; keeps disturbance of native vegetation to a minimum; and replaces native
    vegetation that may be disturbed as a result of construction activity and does not have a significant impact on a
    FWHCA or its management area The exemption shall not apply to reconstruction which is proposed as a result of
    structural damage associated with a critical area, such as slope failure in a landslide hazard area or flooding in a
    flood hazard area. Expansion up to 25 percent may also occur in a direction parallel to the critical area or related
    buffer if the expansion takes place upon existing impervious surfaces. A Notice on Title must be recorded to be
    eligible for this exemption.
    6. Maintenance and repair of existing bulkheads, shoreline armoring, and bioengineered stabilization measures
    designed to protect property from erosion.
    7. Interrupted wetland, stream, and FWHCA buffers.
    a. Where a legally established, pre-existing use of the buffer exists, those proposed activities that are within the
    wetland, stream, or FWHCA buffer, but are separated from the critical area by an existing permanent substantial
    improvement, which serves to eliminate or greatly reduce the impact of the proposed activity upon the critical area
    are exempt provided that the detrimental impact to the critical area does not increase. However, if the impacts do
    increase, the City shall determine if additional buffer may be required along the impact area of the interruption.
    Substantial improvements may include developed public infrastructure (roads, railroads, dikes, and levees) and
    buildings. Substantial improvements may not include paved trails, sidewalks, parking areas, or bulkheads. An
    exemption request for an interrupted buffer may require a functional analysis report for the type of critical area
    buffer that is affected. In determining whether a functional analysis is necessary, the City shall consider the
    hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the
    interruption.
    b. Where a legally established, pre-existing structure or use is located within a regulated wetland or stream buffer
    area and where the regulated buffer is fully paved and does not conform to the interrupted buffer provision above,
    the buffer will end at the edge of pavement, adjacent to the wetland or stream. (Ord. 27431 § 16; passed Nov. 1 5,
    2005: Ord. 27294 § 2; passed Nov. 16, 2004)
    8. Construction of pedestrian trails within the buffer of a wetland, stream, lake, pond, or FWHCA is permitted,
    subject to the following criteria:
    a. The trail is constructed of pervious material.
    b. The trail does not cross or alter any regulated drainage features or waters of the state.
    9. Hazard trees that pose a threat to public safety or an imminent risk of damage to private property may be
    removed provided that a report from a certified arborist is submitted to the City for review and approval. The report
    must include removal techniques, procedures for protecting the surrounding critical area and replacement of native


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    trees. Where possible, the cut portions of hazard trees are to be left within the critical area as a habitat tree such as a
    standing snag or downed woody debris.
    10. Orders and Consent Decrees. Any future development or use of property that is the subject of a consent decree
    or order described in TMC 13.11.140(C)(8) may be exempt from or eligible for modification of the requirements of
    this chapter if the City determines that it is necessary to comply with the requirements of such order through the
    permitting process.
    11. Normal maintenance and repair of existing shoreline modifications, including shoreline protection, maintenance
    dredging, piers, docks, and other existing shoreline structures or developments, in the S-10 Shoreline District only
    from the northeast corner of the mouth of the Puyallup River, across the terminus of the Sitcum, Blair and Hylebos
    Waterways to the northeast boundary of the S-11 District.

    12. Demolition of structures in the S-10 Shoreline District only from the northeast corner of the mouth of the
    Puyallup River, across the terminus of the Sitcum, Blair and Hylebos Waterways to the northeast boundary of the S-
    11 District..




    C. The following activities are allowed without an exemption approval unless otherwise required by TMC 13.10,
    Shoreline Management.
    1. Maintenance of existing landscaping, including existing lawns, within a wetland, stream, FWHCA, or their
    associated buffers/management areas provided the maintenance does not expand the existing landscaped area.
    2. Maintenance of existing public and private accessways, trails, paths, promenades, stairways, and parking lots
    provided the maintenance does not expand the aforementioned items.
    3. Passive recreational activities, educational activities and scientific research that do not have a detrimental effect
    within the critical area are allowed. Outdoor passive recreational activities include but are not limited to fishing,
    bird watching, walking or hiking and non-motorized boating.
    4. The following vegetation removal activities are allowed, provided that appropriate removal methods are used to
    preserve and protect the underlying vegetation. Removal may be conducted by hand or with light equipment. The
    removal of any item that requires restoration, rehabilitation or other appropriate mitigation of the critical area or its
    buffer may require the action to be processed in accordance with all provisions of this chapter including the
    acquisition of appropriate permits.
    a. English Ivy (Hedera helix) may be removed from plants on which it is adhered.


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    b. Noxious weeds as listed on the Pierce County noxious weed list.
    5. Removal of refuse and debris, or other items detrimental to the critical area or buffer is allowed by hand or light
    equipment. The removal of any item that requires restoration, rehabilitation or other appropriate mitigation of the
    critical area may require the action to be processed in accordance with all provisions of this chapter including the
    acquisition of appropriate permits.
    6. Any public or private project designed to improve fish or wildlife habitat or fish passage that qualifies for a
    shoreline substantial development permit exemption pursuant to RCW 90.58.147, RCW 90.58.515,
    WAC 173-27-040(2)(o), or WAC 173-27-040(2)(p), shall also qualify for a similar exemption from the permit
    requirements of this chapter when the City has determined that the project is consistent with the requirements of this
    chapter and either of the following apply:
    a. The project has been approved by the Washington Department of Fish and Wildlife; or
    b. The project has received Hydraulic Project Approval by the Washington Department of Fish and Wildlife,
    pursuant to RCW 77.55.
    7. Fish habitat enhancement projects that conform to the provision of RCW 77.55.181 are exempt from the
    procedural and substantive requirements of Chapter 13.11.
    8. Activities and uses taken to comply with NRDA Consent Decrees or similar order, U.S. Environmental Protection
    Agency Superfund related order or Consent Decree, or a Washington Department of Ecology order pursuant to the
    Model Toxics Control Act, or a Department of Homeland Security order that preempt local regulations in the
    findings of the order. (Ord. 27728 Ex. A; passed Jul. 1, 2008: Ord. 27431 § 16; passed Nov. 15, 2005: Ord. 27294
    § 2; passed Nov. 16, 2004)

    13.11.220 Regulated Uses/Activities.
    Pursuant to the requirements of this chapter, a site review or permit shall be obtained prior to undertaking any of the
    following activities within a wetland, stream, fish and wildlife habitat conservation area (FWHCA) or their
    associated buffer/management area, unless otherwise exempted under Section 13.11.140.
    A. Filling, placing, or dumping any soil, loam, peat, sand, gravel, rock, chemical substance, refuse, trash, rubbish,
    debris, or dredge material;
    B. Excavating, dredging, or clearing any soil, loam, peat, sand, gravel, rock, vegetation, trees, or mineral substance;
    C. Discharge of hazardous substances, including, but not limited to heavy metals, pesticides, petroleum products, or
    secondary effluent;
    D. Any act which results in draining, flooding, or disturbing the water level or table;
    E. Alteration, construction, demolition, or reconstruction of a structure or infrastructure, including driving pilings or
    placing obstructions;
    F. Destroying or altering vegetation through clearing, harvesting, shading, pruning, or planting vegetation that
    would alter the character of the site; and
    G. Any act or use which would destroy natural vegetation; result in significant change in water level, water
    temperature, physical, or chemical characteristics of the wetland or stream; substantially alter the existing pattern of
    tidal flow, obstruct the flow of sediment, or alter the natural contours of a site. (Ord. 27728 Ex. A; passed Jul. 1,
    2008: Ord. 27431 § 24; passed Nov. 15, 2005: Ord. 27294 § 2; passed Nov. 16, 2004)

    13.11.230 Application Types
    A. This chapter allows four types of wetland/stream/fish and wildlife habitat conservation area (FWHCA)
    applications, three of which result in the issuance of an administrative appealable decision. Exemptions are issued
    by the Public Works Department, Building and Land Use Services Division staff and are not subject to an
    administrative appeal. After the appeal period expires, an approved decision becomes the official permit for each
    project, so a separate permit is not issued. The Land Use Administrator issues a decision for Verifications,
    Assessments and Wetland/Stream/FWHCA development permit applications consistent with Chapter 13.05. All



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    applications shall be consistent with the sections of this chapter, including provisions described below. Applications
    must contain all submittal requirements as specified in 13.11.250.
    1. Exemption. An exemption may be issued by staff when a project meets the requirements as specified in Section
    13.11.140.
    2. Verification. Wetland Delineation, Stream OHWM, or FWHCA Verification. An applicant may request
    verification of a wetland, or stream, or FWHCA without submitting plans for a specific project.
    3. Assessment. An assessment may be issued verifying whether a regulated wetland, stream or FWHCA exists on
    the subject site or within 300 feet of the subject site, This distance may be expanded if the type of critical habitat or
    species involved requires more than a 300 foot management area pursuant to WDFW management
    recommendations.
    a. Wetland/Stream Assessment. An assessment may also be issued exempting a project from a wetland/stream
    development permit if the applicant can demonstrate the following:
    1) No adverse impacts will occur to the wetland or stream and/or adjacent buffers; and
    2) The proposed use or structure is located beyond the required buffers; and
    3) Stormwater runoff will be appropriately analyzed to maintain existing flows to critical areas and additional
    stormwater runoff will discharge into an approved storm drainage system in accordance with 13.11.250 (h).
    b. FWHCA Assessment. An assessment may also be issued exempting a project from a FWHCA development
    permit if the applicant can demonstrate the following:
    1) No adverse impacts will occur to the FWHCA and their marine buffers/management areas; and
    2) The proposed use or structure is located beyond the required marine buffer; and
    3) The proposed use or activity is consistent with WDFW species management recommendations; and
    4) Stormwater runoff will be appropriately analyzed to maintain existing flows to critical areas and additional
    stormwater runoff will discharge into an approved storm drainage system in accordance with 13.11.250 (h).
    4. Wetland/Stream/FWHCA Development Permit. A Wetland/Stream/FWHCA Development decision will be
    issued where, in the opinion of the Land Use Administrator, the proposal may result in possible adverse impacts to
    the wetland, stream, or FWHCA; or the applicant cannot meet the minimum buffer requirements as provided in
    Chapter 13.11.
    a. The applicant must meet the requirements of one of three legal tests; No Practicable Alternatives, Public Interest
    or Reasonable Use, and
    b. Provide mitigation as required in accordance with this Chapter. (Ord. 27728 Ex. A; passed Jul. 1, 2008:
    Ord. 27431 § 25; passed Nov. 15, 2005: Ord. 27300 § 1; passed Dec. 14, 2004: Ord. 27294 § 2; passed Nov. 16,
    2004:)

    *                                                       *                                              *
    13.11.250 Review Process.
    A. Overview.
    1. Exemptions. Application for an Exemption under Section 13.11.140 shall be made in accordance with
    Subsection 13.11.140.B. City Staff shall issue an Exemption Letter to the applicant. The Exemption Letter is not
    subject to appeal separately from its associated permit.
    2. Assessment, Verification, or Development Permit. Application for an Assessment, Verification or Development
    Permit for wetlands, streams and fish and wildlife habitat conservation areas (FWHCAs) by one or more property
    owners or applicants shall be made in accordance with the provisions of Chapter 13.05 to the Public Works
    Department, Building and Land Use Services Division. The Building and Land Use Services Division may utilize
    information from the United States Department of Agriculture Natural Resource Conservation Service, the United
    States Geological Survey, the Washington Department of Ecology, the Coastal Zone Atlas, the Washington
    Department of Fish and Wildlife stream maps and Priority Habitat and Species maps, Washington DNR Aquatic


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    Lands maps, the National Wetlands Inventory maps, Tacoma topography maps, the City’s Generalized Wetland and
    Critical Areas Inventory maps, and Pierce County Assessor’s maps to establish general locations and/or verify the
    location of any wetland, or stream, or FWHCA site. The City’s Generalized Wetland and Critical Area Inventory
    maps and other above-listed sources are only guidelines available for reference. The actual location of critical areas
    must be determined on a site-by-site basis according to the classification criteria.
    B. Site Review. City staff will provide an initial site review based on existing information, maps and a potential site
    visit to identify potential wetlands, streams, and their associated buffers within 300 feet, and FWHCAs and their
    marine habitat buffer/management areas. The FWHCA management areas will be based on the type of critical
    habitat or species and WDFW recommendations. Site reviews are completed on a site by site basis and may require
    a wetland delineation, wetland categorization, stream type and Ordinary High Water Mark location, hydrology
    reports, and priority fish and wildlife species and habitat presence information from WDFW or the City.
    C. In conjunction with the site review process, the Land Use Administrator may require additional information on
    the physical, biological, and anthropogenic features that contribute to the existing ecological conditions and
    functions to determine whether a formal wetland/stream/FWHCA exemption, assessment or development permit is
    required.C. Application Submittal Requirements:
    D. Application Submittal Requirements:
    1. For exemption submittal requirements, see Section 13.11.140 and conduct the site review in 13.11.250.B and C.
    Applications for permit decisions, with the exception of exemption approvals shall contain the information listed in
    this Section. Technical reports shall be submitted and the Land Use Administrator shall review all information
    submitted as to its validity and may reject it as incomplete or incorrect. Technical reports, such as wetland
    delineations, FWHCA or stream reports shall be prepared by a qualified professional as defined in 13.11.900.Q.
    a. A Joint Aquatic Resource Permit Application including, but not limited to, the name and contact information of
    the applicant, the name, qualifications, and contact information for the primary author(s) of any Critical Area report,
    including Wetland Delineation reports or FWHCA reports, a description of the proposal, and identification of all the
    local, state and/or federal wetland related permit(s) required for the project, and a vicinity map for the project;
    b. A surveyed site plan: that identifies all wetlands, streams, FWHCA’s and any buffers with an accompanying legal
    description of the delineated wetland boundary or the stream’s ordinary high water mark, and FWHCA marine
    buffer and an electronic copy of the all data;
        (1) that identifies the surveyed, delineated, wetland boundary and buffer, the surveyed ordinary high water mark
        of any stream and buffer, with an accompanying legal description and an electronic copy of all data.
        (2) that identifies FWHCAs, FWHCA Management Areas, and the ordinary high water mark and marine buffers
        within shoreline jurisdiction,
    c. Documentation of any fieldwork performed on the site, including field data sheets for delineations, functional
    assessments, baseline hydrologic data, etc. Wetland Delineations shall be prepared according to the currently
    adopted Department of Ecology, Washington State Wetlands Identification and Delineation Manual; FWHCA
    Delineations and ordinary high water mark shall be prepared according to professional standards.
    d. A description of the methodologies used to conduct the wetland delineations, functional assessments, or impact
    analyses including references;
    e. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, floodplains and buffers
    on or adjacent to the proposed project area. For areas off-site of the project site, estimate conditions within 300 feet
    of the project boundaries or more, if specified by state or federal agency guidelines, using best available
    information. In the event of conflicts regarding information in the delineation report, the Land Use Administrator
    may, at the applicant’s expense, obtain competent expert services to verify information and establish a final
    delineation;
    f. For each wetland/stream identified on-site and within 300 feet of the project site, provide the wetland rating,
    stream type required buffers, hydrogeomorphic classification. Provide acreage for on-site wetlands, streams, or
    buffers based on a professional survey from the field delineation.
    For wetlands provide the Cowardin classification of vegetation communities including vegetation characterization,
    habitat elements, soil conditions based on site assessment, soil information, and to the extent possible, hydrologic


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    information such as location of inlet/outlets (if they can be legally accessed), estimate water depths within the
    wetland, estimated hydro-period patterns based on visual cues (e.g., algal mats, drift lines, flood debris, etc.).
    Provide square foot estimates, classifications, and ratings based on entire wetland complexes, not only the portion
    present on the proposed project site;
    g. For each all FWHCAs, marine buffers, or management areas , provide identification of the species and WDFW
    management recommendations. For FWHCAs within shoreline jurisdiction, also identify marine buffers and
    acreage.marine buffers, provide delineation and acreage based on a professional survey.
    h. A technical report containing a discussion of the potential direct and indirect physical and biological impacts to
    the wetland(s), stream(s), FWHCA(s) and associated impacts with anticipated hydro period alterations from the
    project;
    i. A hydrologic study for the wetland or stream identifying the contributing basin and demonstrating that pre and
    post development flows will be maintained;
    j. Shall demonstrate that all runoff from pollution generating surfaces discharging to wetlands or stream or
    FWHCA shall receive water quality treatment in accordance with the current City’s Surface Water Management
    Manual. Water quality treatment is required for all sites irrespective of the thresholds established in this Manual;
    and
    k. A description of the proposed actions including an estimation of square footage of impacts to wetland and
    buffers based on the field delineation and survey, and an analysis of site development alternatives including a no
    development alternative.
    l. A Habitat Management Plan, biological evaluation, or equivalent, that is in accordance with WDFW management
    recommendations for the impacts associated with the development proposal and the identified FWHCAs, marine
    buffers, and any management areas that are found on site.
    2. A copy of the site plan sheet(s) for the project must be included with the written report and must include, at a
    minimum:
    a. Maps to scale depicting delineated and surveyed wetland, stream and required buffers on-site, including buffers
    for off-site critical areas that extend onto the project site; the development proposal; other critical areas; grading and
    clearing limits; and areas of proposed impacts to wetland(s), stream(s) and buffer(s), (include square footage
    estimates);
    b. A depiction of the proposed stormwater management facilities and outlets (to scale) for the development,
    including estimated areas of intrusion into the buffers of any critical areas;
    c. Two-foot contours, terrain, and drainage-flow, significantly vegetated areas, specific location and species name
    of trees/shrubs with => 6-inch caliper, existing site improvements/structures (calculate square feet and percentage of
    coverage/impervious surfaces), existing grading, drainage control facilities (natural and artificial), and existing
    utilities above and below ground where appropriate and required by the City; and
    d. The specifications of all proposed draining, excavation, filling, grading or dredging, including exact locations,
    amounts and methods, control facilities and utilities.
    3. For Wetland/Stream/FWHCA Development Permits, the additional following information is required.
    a. A description of reasonable efforts made to apply mitigation sequencing pursuant to Section 13.11.260.DE,
    Mitigation Sequencing, to avoid, minimize, and mitigate impacts to critical areas;
    b. A mitigation plan for impacts associated with actions contained within a development permit application. The
    mitigation plan must be in conformance with the General Mitigation Requirements under Section 13.11.260 and the
    mitigation requirements specified under each critical area;
    c. Identification of which test(s) the applicant believes applies for a Development Permit application, an explanation
    of why the applicant believes it applies and an analysis of how the applicant intends to meet the requirements of the
    test(s);
    d. Assessment and documentation of the FWHCA’s, wetland’s or stream’s functional characteristics, along with its
    ecological, aesthetic, economic, and other values. Evaluation of functions for the FWHCA, wetland or stream and


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    adjacent buffer using a functions assessment method recognized by local or state agency staff and including the
    reference for the method and all data sheets;
    e. An assessment of the probable cumulative impacts to the FWHCAs, wetlands, streams and buffers resulting from
    the proposed development;
    f. Study of potential flood, erosion or other hazards on the site and provisions for protective measures that might be
    taken to reduce such hazards as required by the Land Use Administrator;
    g. Any other information deemed necessary to verify compliance with the provisions of this chapter; and
    h. A Construction Stormwater Pollution Prevention Plan shall be submitted by the applicant in accordance with the
    current City’s Surface Water Management Manual. (Ord. 27728 Ex. A; passed Jul. 1, 2008: Ord. 27431 § 27;
    passed Nov. 15, 2005: Ord. 27294 § 2; passed Nov. 16, 2004)

    *                                                       *                                              *
    13.11.900 Definitions.
    Words and phrases used in this chapter shall be interpreted as defined below. Where ambiguity exists, words or
    phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out its regulatory
    purpose.
    13.11.900.A
    Adjacent means immediately adjoining (in contact with the boundary of the influence area) or within a distance that
    is less than that needed to separate activates from critical areas to ensure protection of the functions and values of
    the critical areas. Adjacent shall mean any activity or development located:
    a. On a site immediately adjoining a critical area;
    b. A distance equal to or less than the required critical area buffer width;
    c. A distance equal to or less than one-half mile (2,640 feet) from a bald eagle nest;
    d. A distance equal to or less than three hundred (300) feet upland from a stream, wetland, or water body;
    e. Bordering or within the floodway, floodplain or channel migration zone; or
    f. A distance equal to or less than two hundred (200) feet from a critical aquifer recharge area.
    Anadromous fish. Fish that spawn and rear in freshwater and mature in the marine environment. While Pacific
    salmon die after their first spawning, adult char (bull trout) can live for many years, moving in and out of saltwater
    and spawning each year. The life history of Pacific salmon and char contains critical periods of time when these fish
    are more susceptible to environmental and physical damage than at other times. The life history of salmon, for
    example, contains the following states; upstream migration of adults, spawning, inter-gravel incubation, rearing,
    smoltification (the time period needed for juveniles to adjust their body functions to live in the marine environment),
    downstream migration, and ocean rearing to adults.
    Aquifer. A geologic formation, group of formations, or part of a formation that is capable of yielding a significant
    amount of water to a well or spring.
    Aquifer critical recharging areas. Areas that, due to the presence of certain soils, geology, and surface water act to
    recharge groundwater by percolation.
    13.11.900.B
    Base flood. A flood event having a one percent (1%) chance of being equaled or exceeded in any given year, also
    referred to as the 100-year flood. Designations of base flood areas on flood insurance map(s) always include the
    letters A or V.
    Best available science. The current science information used in the process to designate, protect, or restore critical
    areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 925. Sources of best
    available science are included in “Citations of Recommended Sources of the Best Available Science for Designating
    and Protecting Critical Areas” published by the Washington State Office of Community, Trade and Economic
    Development.

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    Best management practices. (BMP’s). Conservation practices or systems of practices and management measures
    that:
    a. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste,
    toxics, and sediment;
    b. Minimize adverse impacts to surface water and ground water flow and circulation patterns and to the chemical,
    physical, and biological characteristics of wetlands;
    c. Protect trees and vegetation designated to be retained during and following site construction and use native plant
    species appropriate to the site for revegetation of disturbed areas; and
    d. Provide standards for proper use of chemical herbicides within critical areas.
    Bioengineering. A combination of engineering techniques and natural products that increase the strength and
    structure of the soil through biological and mechanical means.
    Buffer zone. An area required by this chapter that is contiguous to and protects a critical area which is required for
    the continued maintenance, functioning, and/or structural stability of a critical area. The area may be surrounding a
    natural, restored, or newly created critical area.
    13.11.900.C
    Class, wetland. One of the wetland classes in the United States Fish and Wildlife Service publication, Classification
    of Wetlands and Deepwater Habitats of the United States (December 1979). A class describes the general
    appearance of the habitat in terms of either the dominant vegetation life form or the physical geography and
    composition of the substrate.
    Clearing. The destruction or removal of logs, scrub-shrubs, stumps, trees or any vegetative material by burning,
    chemical, mechanical or other means.
    Compensatory mitigation. Replacing project-induced loses or impacts to a critical area, and includes, but is not
    limited to, the following:
    a. Restoration. Actions performed to reestablish wetland 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 wetland.
    b. Creation. Actions performed to intentionally establish a wetland at a location where it did not formerly exist.
    c. Enhancement. Actions performed to improve the condition of existing degraded wetlands so that the functions
    they provide are of a higher quality,
    d. Preservation actions taken to ensure the permanent protection of existing high quality wetlands.
    Conservation easement. A legal agreement that the property owner enters into to restrict uses of the land. Such
    restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or
    other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally
    binding on all present and future owners of the property, therefore, providing permanent or long-term protection.
    Critical areas. Critical areas include the following ecosystems: areas with a critical recharging effect on aquifers
    used for drinking water, fish and wildlife habitat conservation areas (FWHCAs), frequently flooded areas,
    geologically hazardous areas, wetlands, and streams.
    13.11.900.E
    Ecosystem. The system of interrelationships within and between a biological community and its physical
    environment.
    Emergent wetland. A wetland with at least thirty percent (30%) of the surface area covered by erect, rooted,
    herbaceous vegetation extending above the water surface as the uppermost vegetation strata.
    Endangered species. A regional plant or animal species which is in danger of extinction throughout all or a
    significant portion of its range. Such animal species are designated by the Washington Department of Wildlife
    pursuant to RCW 232-12 or United States Fish and Wildlife Service. Such plant species are designated by the



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    Washington Department of Natural Resources, Washington Natural Heritage Program or United States Fish and
    Wildlife Service.
    Enhancement means the manipulation of the physical, chemical, or biological characteristics present to develop a
    wetland site to heighten, intensify or improve specific function(s) or to change the growth stage or composition of
    the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood
    water retention or wildlife habitat. Activities typically consist of planting vegetation, controlling nonnative or
    invasive species, modifying site elevations or the proportion of open water to influence hydro-periods, or some
    combination of these. Enhancement results in a change in some wetland functions and can lead to a decline in other
    wetland functions, but does not result in a gain in wetland acres.
    Erosion. Wearing away of earth’s surface as a result of movement of wind, water, ice, or any means.
    Erosion hazard areas. Areas which contain soils classified by the United States Department of Agriculture Soil
    Conservation Service that may experience severe to very severe erosion hazards.
    Establishment (Creation) means the manipulation of the physical, chemical, or biological characteristics present to
    develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities typically
    involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and
    support the growth of hydrophytic plant species. Establishment results in a gain in wetland acres.
    Exotic. A species of plants or animals that is foreign to the area in question.
    13.11.900.F
    Fill. Dumping or placing, by any means, any material on any soil or sediment surface, including temporary
    stockpiling of material.
    Fish and wildlife habitat conservation areas (FWHCA). Areas identified as being of critical importance to the
    maintenance of fish and wildlife species. FWHCA Marine Habitat Buffers are vegetated setbacks from the shoreline
    measured from the Ordinary High Water Mark.
    FWHCA Habitat Management Areas are those areas that surround a priority fish and wildlife species or habitat area
    to a distance defined by the Washington Department of Fish and Wildlife in which specified activities are limited in
    some manner for specie preservation.
    Flood hazard areas. Lands in a floodplain including areas adjacent to lakes, streams, oceans or other bodies of water
    lying outside the ordinary bank of the water body and which are periodically inundated by flood flow with a one
    percent or greater expectancy of flooding in any given year.
    Flood water storage. The ability to hold and slow down flood waters. Construction in a floodway reduces the flood
    water storage capacity and the removal of vegetation from a floodway reduces the floodway’s ability to slow down
    flood waters.
    Forested wetland. A wetland with at least thirty percent (30%) of the surface area covered by woody vegetation
    greater than (20) feet in height that is at least partially rooted within the wetland.
    Function and values. The beneficial roles served by critical areas including, but are not limited to, water quality
    protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and
    attenuation, ground water recharge and discharge, erosion control, wave attenuation, protection from hazards,
    historical and archaeological and aesthetic value protection, educational opportunities, and recreation. These
    beneficial roles are not listed in order of priority.
    13.11.900.G
    Geologic hazards specialist. A professional geologist or engineering geologist with a degree in the geologic
    sciences from an accredited college or university with a minimum of four years’ experience in geologic practice
    involving geologic hazards. A qualified geotechnical engineer, licensed as a civil engineer with the state of
    Washington, with a minimum of four years’ experience in landslide evaluation, may also qualify as a geologic
    hazards specialist.
    Geologically hazardous areas. Areas that may not be suited to development consistent with public health, safety or
    environmental standards, because of their susceptibility to erosion, sliding, earthquake, or other geological events as


Annual Amendment Application #2009-02                                                                              Page 13 of 19
Staff Report – Exhibit A

                                                        - 43 -
    designated by WAC 365-190-080(4). Types of geologically hazardous areas include: erosion, landslide, seismic,
    mine, and volcanic hazards.
    Geo-buffer is a zone within a geo-setback area required to be vegetated with either native or non-native vegetation.
    Geo-setback means the minimum building setback from the applicable geologically hazardous area.
    Grading. Excavating, filling, leveling, or artificially modifying surface contours.
    13.11.900.H
    Habitat. The specific area or environment in which a particular type of animal lives.
    Habitat conservation areas means areas designated as fish and wildlife habitat conservation areas.
    Habitats of local importance. Those areas that include a seasonal range or habitat element with which a given
    species has a primary association, and which, if altered may reduce the likelihood that the species will maintain and
    reproduce over the long-term. These might include areas of high relative density or species richness, breeding
    habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or
    high vulnerability to alternations such as cliffs, talus, and wetlands.
    Habitat Zones. Areas designated and mapped that depict high quality, relatively undisturbed critical areas and
    natural open spaces that provide valuable functions and values beyond the individual natural habitats contained
    within. Habitat Zones are lands mapped in the City of Tacoma for their biological diversity and remaining natural
    habitats for all flora and fauna native to the local environment, including the special consideration for anadromous
    fish. The map depicting these lands is contained within the Environmental Policy Plan element of the
    Comprehensive Plan. Any parcel that is fifty percent (50%) or more within a mapped Habitat Zone shall be
    considered fully contained within the Habitat Zone.
    Hazard trees. Trees that are damaged, diseased, or have fully matured and their health is in decline and that pose a
    threat to life or property due to their location and increasing potential of falling.
    Hydraulic project approval (HPA). A permit issued by the Department of Fish and Wildlife for modifications to
    waters of the state in accordance with Chapter 75.20 RCW.
    Hydric soil. Soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic
    conditions in the uppermost level.
    Hydrogeomorphic or HGM. A system used to classify wetlands based on the position of the wetland in the
    landscape (geomorphic setting), the water source for the wetland and the flow and fluctuation of the water once in
    the wetland.
    Hydroperiod. The seasonal occurrence of flooding and/or soil saturation which encompasses the depth, frequency,
    duration, and seasonal pattern of inundation.
    Hydrophytic vegetation. Macrophytic plant life growing in water or on a substrate that is at least periodically
    deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be
    determined following the methods described in the Washington State Wetland Identification and Delineation
    Manual.
    Hyporheic zone. The saturated located beneath and adjacent to streams that contains some portion of surface water,
    serves as a filter for nutrients, and maintains water quality.
    13.11.900.I
    Impervious surfaces. A hard surface that either prevents or retards the entry of water into the soil mantle as under
    natural conditions prior to development or that 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. Common impervious
    surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas,
    concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which
    similarity impede the natural infiltration of stormwater.
    In-kind compensation. To replace critical areas with substitute areas whose characteristics and functions closely
    approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in category.”


Annual Amendment Application #2009-02                                                                              Page 14 of 19
Staff Report – Exhibit A

                                                        - 44 -
    Isolated wetlands. Those wetlands that are outside of and not contiguous to any 100-year floodplain of lake, river or
    stream, and have no continuous hydric soil or hydrophytic vegetation between the wetland and any surface water.
    13.11.900 J.
    Joint Aquatic Resource Permit Application (JARPA). A single application form that may be used to apply for
    hydraulic project approvals, shoreline management permits, approvals of exceedance of water quality standards,
    water quality certifications, coast guard bridge permits, Department of Natural Resources use authorization, and
    Army Corps of Engineers permits.
    13.11.900.L
    Lahars. Mudflows and debris flows originating from the slope of a volcano.
    Land modification. A human-induced action which affects the stability of an erosion hazard area, landslide hazard
    area, or steep or moderate slope. Land modification includes clearing, grading, and other soil disturbances. It does
    not include pruning of vegetation; provided such pruning is not so extensive as to disturb the soil stability.
    Landslide. An episodic down slope movement of a mass of soil and/or rock.
    Landslide hazard areas. Areas potentially subject to landslides based on a combination of geologic, topographic,
    and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope aspect,
    structure, hydrology, or other features.
    13.11.900.M
    Management area. A specified area or zone surrounding documented locations of priority habitats or species, or
    other identified fish and wildlife conservation area, where specific measures are taken to protect habitat features,
    provide screening, or conserve vegetation. Washington Department of Fish and Wildlife may have recommended
    conservation actions for this area, including seasonal limits for construction, tree retention, clearing limits or other
    measures.
    Mine hazard areas are those areas underlain by or affected by mine workings such as adits, gangways, tunnels,
    drifts, or airshafts, and those areas of sink holes, gas releases, or subsidence due to mine workshops. Underground
    mines do not presently exist within the City of Tacoma.
    Mitigation. Avoiding, minimizing, or compensating for adverse critical areas impacts. Mitigation, in the following
    sequential order of preference, is:
    a. Avoiding the impact altogether by not taking a certain action or parts of an action.
    b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using
    appropriate technology, or by taking affirmative steps such as project redesign, relocation, or timing, to avoid or
    reduce impacts.
    c. Rectifying the impact to wetlands by repairing, rehabilitation, or restoring the affected environment to the
    conditions existing at the time of the initiation of the project:
    d. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other
    methods.
    e. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the
    life of the action.
    f. Compensating for the impact to wetlands by replacing, enhancing, or providing substitute resources or
    environments.
    g. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
    Mitigation for individual actions may include a combination of the above measures.
    Monitoring. Evaluating the impacts of development proposals on the biological, hydrological, and geological
    elements of such systems and assessing the performance of required mitigation measures throughout the collection
    and analysis of data by various methods for the purposes of understanding and documenting changes in natural
    ecosystems and features, and includes gathering baseline data.


Annual Amendment Application #2009-02                                                                                 Page 15 of 19
Staff Report – Exhibit A

                                                         - 45 -
    Mosaic wetlands are wetlands that should be considered one unit when each patch of wetland is less than 1 acre, and
    each patch of wetland is less than 100 feet apart, on the average, and the areas delineated as vegetated wetland are
    more than 50% of the total area of the wetlands and the uplands together, or wetlands, open water, and river bars.
    13.11.900.N
    Native vegetation. Vegetation comprised of plant species which are indigenous to the area in question.
    Normal maintenance and repair. Those usual acts to prevent a decline, lapse, or cessation from a lawfully
    established condition. "Normal repair" means to restore a development to a state comparable to its original
    condition, including but not limited to its size, shape, configuration, location and external appearance, within a
    reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to
    shoreline resource or environment. Replacement of a structure or development may be authorized as repair where
    such replacement is the common method of repair for the type of structure or development and the replacement
    structure or development is comparable to the original structure or development including but not limited to its size,
    shape, configuration, location and external appearance and the replacement does not cause substantial adverse
    effects to shoreline resources or environment.
    Notice on Title.
    13.11.900.O
    Off-site compensation. To replace critical areas away from the site on which a critical area has been impacted.
    On-site compensation. To replace critical areas at or adjacent to the site on which a critical area has been impacted.
    Ordinary high water mark. A mark that has been found where the presence and action of waters are common, usual,
    and maintained in an ordinary year long enough to create a distinction in character between water body and the
    abutting upland.
    13.11.900.P
    Parties of record. Individuals, entities and groups who have commented on a proposal in writing or in person or
    who have asked to be included on a mailing list for a specific proposal.
    Priority habitats. Seasonal range or habitat element with which a given species is primarily associated and which, if
    altered, may reduce survival potential of that species over the long term. Priority habitats are designated by the
    Washington Department of Wildlife, Priority Habitat and Species Program, and may include habitat areas of high
    relative density or species richness, breeding habitat or habitats used as winter range or movement corridors.
    Habitats of limited availability or with high vulnerability to alteration, such as cliffs, talus, and wetlands, may also
    be included.
    Priority species. Species which are of concern because of their population status and sensitivity to habitat alteration.
    Priority species are designated by the Washington Department of Wildlife, Priority Habitat and Species Program,
    and may include endangered, threatened, sensitive, candidate, monitored, or game species.
    Protection/Maintenance (Preservation) means removing a threat to, or preventing the decline of, wetland conditions
    by an action in or near a wetland. This includes the purchase of land or easements, repairing water control structures
    or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly
    associated with preservation. Preservation does not result in a gain of wetland acres, and may result in a gain of
    functions.
    13.11.900.Q
    Qualified professional. A person who, at a minimum, has earned a degree from an accredited college/university in
    the relevant scientific or engineering discipline appropriate to the critical area subject and two years of related
    professional work experience; or eight years of professional work experience in the relevant critical area subject.
    13.11.900.R
    Re-establishment means the manipulation of the physical, chemical, or biological characteristics of a site with the
    goal of returning natural or historic functions to a former wetland. Activities could include removing fill material,
    plugging ditches, or breaking drain tiles. Re-establishment results in a gain in wetland acres.



Annual Amendment Application #2009-02                                                                               Page 16 of 19
Staff Report – Exhibit A

                                                        - 46 -
    Rehabilitation means the manipulation of the physical, chemical, or biological characteristics of a site with the goal
    of repairing natural or historic functions of a degraded wetland. Activities could involve breaching a dike to
    reconnect wetlands to a floodplain or return tidal influence to a wetland. Rehabilitation results in a gain in wetland
    function but does not result in a gain in wetland acres.
    Repair or maintenance. An activity that restores the character, scope, size, and design of a serviceable area,
    structure, or land use to its previously authorized and undamaged condition. Activities that change the character,
    size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas
    are not included in this definition.
    Restoration. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
    returning natural or historic functions to a former or degraded wetland. For the purposes of tracking net gains in
    wetland acres, restoration is divided into Re-establishment and Rehabilitation.
    Riparian zone. Areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and
    terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the
    terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material,
    nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Width shall be
    measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be
    identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as
    well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include
    those riparian areas severely altered or damaged due to human development activities.
    13.11.900.S
    Scrub-shrub wetland. A wetland with at least thirty percent (30%) of its surface area covered by woody vegetation
    less than twenty (20) feet in height as the uppermost strata.
    Seismic hazard areas means areas subject to severe risk damage as a result of seismic induced settlement, shaking,
    lateral spreading, surface faulting, slope failure or soil liquefaction. These conditions occur in areas underlain by
    soils low cohesion or density usually in association with a shallow groundwater table. Seismic hazard areas shall be
    defined by the Washington Department of Ecology Coastal Zone Atlas (Seismic Hazard Map prepared by
    GeoEngineers) as: Class U (Unstable), Class Uos (Unstable old slides), Class Urs (Unstable recent slides, Class I
    (intermediate) and Class M (Modified) as shown in the Seismic Hazard Map.
    Species-Any group of animals or plants classified as a species or subspecies as commonly accepted by the scientific
    community.
    Species, endangered. Any plant, fish or wildlife species that is threatened with extinction throughout all or a
    significant portion of its range and is listed by the state or federal government as an endangered species.
    Species, priority. Any plant, fish or wildlife species requiring protection measures and/or management guidelines to
    ensure their persistence as genetically viable population levels as classified by the Department of Fish and Wildlife,
    including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial or
    tribal importance.
    Species, threatened. Any plant, fish or wildlife species that is likely to become an endangered species within the
    foreseeable future throughout a significant portion of its range without cooperative management or removal of
    threats, and is listed by the state or federal government as a threatened species.
    Streams. Lands and waters contained within a channel which support hydrophytes and where the substrate is
    predominantly undrained hydric soils, nonsoil and/or is saturated with water or covered by water each growing
    season.
    Streams of Local Significance. Streams that contain salmon, steelhead, and bull trout.
    Stream corridor. Perennial, intermittent or ephemeral waters included within a channel of land and its adjacent
    riparian zones which serves as a buffer between the aquatic and terrestrial upland ecosystems.
    Subclass, wetland. One of the wetland subclasses in the United States Fish and Wildlife Service publication,
    Classification of Wetlands and Deepwater Habitats of the United States (December 1979). A subclass is based on
    finer distinctions in life forms and/or substrate materials. Examples of subclasses of vegetation include needle-
    leafed evergreen, broad-leafed evergreen, needle-leafed deciduous and broad-leafed deciduous.

Annual Amendment Application #2009-02                                                                                  Page 17 of 19
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                                                         - 47 -
    Shoreline modifications. Those actions that modify the physical configuration or qualities of the shoreline area,
    usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill,
    bulkhead, or other shoreline structure.

    Shoreline structure. A permanent or temporary edifice or building, or any piece of work artificially built or
    composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the
    ground or water, except for vessels.

    13.11.900.T
    Toe of slope. A distinct topographic break in slope at the lowermost limit of an area where the ground surface drops
    10 feet or more vertically within a horizontal distance of 25 feet.
    Tsunami hazard areas are coastal areas and large lake shoreline areas susceptible to flooding and inundation as the
    result of excessive wave action derived from seismic or other geologic events. Currently, no specific boundaries
    have been established in the City of Tacoma limits for this type of hazard area.
    13.11.900.U
    Unavoidable impacts. Impacts to a wetland or stream or associated buffers that will remain after project completion,
    when it has been demonstrated that no practicable alternatives exist, that extraordinary hardship exists or that the
    project is in the public interest.
    13.11.900.V.
    Volcanic hazard areas are areas subject to pyroclastic flows,
    13.11.900.W
    Water-dependent activity. Activity or use which requires direct contact with the water and cannot exist at a non-
    water location due to the intrinsic nature of its operation.
    Water-related activity. Activity or use which is not intrinsically dependent on a waterfront location, but whose
    operation cannot occur economically without a waterfront location.
    Wetlands. Areas that are inundated or saturated by surface water or groundwater 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 small lakes, ponds, swamps, marshes, bogs, 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, farm
    ponds, and landscape amenities if routinely maintained for those purposes. Wetlands do not include those wetlands
    created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or
    highway. However, wetlands do include those artificial wetlands intentionally created to mitigate conversion of
    wetlands.
    Wetlands of Local Significance. Wetlands that are of special concern to the City of Tacoma and require additional
    protection measures beyond that afforded to them through the buffers required for each wetland category. Wetlands
    of Local Significance may be nominated through a process described in the Environmental Policy Plan Element of
    the City of Tacoma Comprehensive Plan
    Wetland Specialist. A person with professional work experience and training in wetland issues and with experience
    in performing delineations, analyzing wetland functions and values, analyzing wetland impacts, and recommending
    wetland mitigation and restoration. Qualifications include: (1) Bachelor of Science or Bachelor of Arts or
    equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife or related field, and two
    years of related professional work experience, including a minimum of one year experience delineating wetlands
    using the Unified Federal Manual and preparing wetland reports and mitigation plans. Additional education may
    substitute for one year of related work experience; or (2) Four years of related professional work experience and
    training, with a minimum of two years experience delineating wetlands using the Unified Federal Manual and
    preparing wetland reports and mitigation plans. The person should be familiar with the Federal Manual for
    Identifying and Delineating Jurisdictional Wetlands, Corps of Engineers Wetlands Delineation Manual 1987 and
    corresponding guidance letters, March 1997 Washington State Wetland Identification and Delineation Manual,


Annual Amendment Application #2009-02                                                                               Page 18 of 19
Staff Report – Exhibit A

                                                        - 48 -
    Washington State Wetlands Rating System for Western Washington, City of Tacoma wetland development
    regulations and the requirements of this chapter.
    Water resource inventory area (WRIA). One of sixty-two (62) watersheds in the state of Washington, each
    composed of the drainage areas of a stream or streams, as established in Chapter 173-5000 WAC as it existed on
    January 1, 1997. (Ord. 27728 Ex. A; passed Jul. 1, 2008: Ord. 27431 § 57; passed Nov. 15, 2005)




Annual Amendment Application #2009-02                                                                         Page 19 of 19
Staff Report – Exhibit A

                                                     - 49 -
  Exemption for Normal Maintenance and Repair, Maintenance Dredging and Demolition
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                                                                                                                                    Map Location                     City of Tacoma
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                                                                                                                                        5
                                                                                                                                                               NOTE: This map is for reference only.

Plot Date: 2/25/2009             File Name: \\geobase-win\ced\GADS\R2009\R075\shoreline.mxd
                            2009 Annual Amendment Application No. 2009-03
                                Stormwater Management Policy Changes

                                                  STAFF REPORT

    Application #:                         2009-03
                                           City of Tacoma, Public Works Dept., Environmental Services
    Applicant:
                                           Division, Surface Water Utility
    Contact:                               Merita Trohimovich Pollard, PE, Public Works Dept.
    Type of Amendment:                     Comprehensive Plan Text Change
    Current Land Use Intensity:            City-wide, varies
    Current Area Zoning:                   City-wide, varies
    Size of Area:                          City-wide
    Location:                              City-wide
    Neighborhood Council area:             City-wide
                                           Text changes to the Capital Facilities, Environmental Policy and
                                           Neighborhood Elements, to improve the accuracy, clarity and
    Proposed Amendment:
                                           consistency of existing policies and the level of service standard
                                           pertaining to stormwater.

    Description of the Proposed Amendment:
    The proposal consists of various text revisions and changes to policies relating to stormwater management
    within three elements of the Comprehensive Plan. One of the proposed amendments would modify the
    level of service (LOS) standard for stormwater management. The other proposed changes are intended to
    improve the accuracy, clarity and consistency of the existing policies. Both the LOS change and the text
    changes are designed to improve consistency between the policies and procedures of the surface water
    utility and other goals and policies of the City.

    The proposed LOS change is intended to ensure consistency between the Comprehensive Plan and the
    Surface Water Management Manual (SWMM). The LOS standards are contained within the Capital
    Facilities Element. The proposal would change the LOS for stormwater drains, with the objective of
    increasing safety and lessening the potential for property damage by reducing the potential for overflows.
    Specifically, privately held facilities less than 24-inches in diameter would be required to meet a 10-year,
    24-hour storm design, and all facilities greater than or equal to 24-inches in diameter would be required to
    meet a 25-year, 24-hour storm design. The proposed language would change the standard for public
    facilities less than 24 inches in diameter from a 10 year to a 25 year, 24-hour design storm, ensuring
    greater capacity in public stormwater facilities. The change also clarifies the LOS by setting a standard
    for stormwater “facilities” rather than “drains”—the proposed terminology is more inclusive and better
    captures the intent.

    The remaining four policies proposed to be amended relate to stormwater management, water quality, on-
    site stormwater facilities and natural watercourses. The changes are intended to clarify, strengthen, correct
    terminology, and ensure consistency with other policies and City procedures. Specifically, the following
    changes are proposed:

Annual Amendment Application #2009-03                                                                      Page 1 of 8
Staff Report

                                                   - 51 -
        •   Amend Policy E-WQ-1 Water Pollution by changing the policy title to Water Quality and
            replacing a reference to future water pollution standards with a reference to the City’s National
            Pollution Discharge Elimination System (NPDES) Phase I Municipal Stormwater Permit
            requirements.
        •   Amend Policy E-SWR-1 On-Site Detention Facilities by changing the policy title to On-Site
            Retention Facilities and revising the text to better express the intent, use terms accurately and
            better accord with the Environmental Services’ policies regarding on-site retention. The term
            “detention” as used in the current policy is technically inaccurate.
        •   Amend Policy E-SWR-2 Natural Watercourses in order to strengthen the policy’s intent of
            providing protection for natural watercourses, be more consistent with existing City processes
            and make the policy more complete by inserting additional issues that should be considered
            including mitigation, permitting and accommodating existing drainage.
        •   Amend Policy C-4.6 Low Impact Development of the Central Neighborhood section of the
            Neighborhood Element by revising the description of low impact development (LID) stormwater
            techniques to be more complete. The current policy lists only retaining vegetation and using
            pervious material as LID techniques. The proposal would clarify the intent of encouraging LID
            stormwater approaches by adding several additional LID techniques to the list. NOTE: In
            December 2008, the title of this policy was changed from Manage Stormwater to Low Impact
            Development.

    Additional Information:
    In addition to the intent to clarify, correct and strengthen existing policies related to stormwater, a primary
    objective of the proposed amendments is to ensure consistency with the recently updated Surface Water
    Management Manual (SWMM). Environmental Services revised and adopted a new SWMM on
    September 22, 2008, as required by the City’s National Pollution Discharge Elimination System (NPDES)
    Phase I Municipal Stormwater Permit. The revised SWMM sets forth the minimum standards for new
    development and redevelopment projects, including updated requirements for flow control (quantity),
    water quality (treatment), low impact development techniques, and erosion and sediment control. Tacoma
    took these steps in order to meet state requirements that local governments adopt stormwater controls that
    are equivalent to the Washington State Department of Ecology’s NPDES Phase I permit.

    Environmental Services conducted public outreach as part of the SWMM update process in 2007 and
    2008. A draft of the SWMM was posted on the City’s website in February 2007. The final draft was
    completed and posted to the City’s stormwater website on August 26, 2008. A Public Meeting was held
    Sept. 4, 2008. Environmental Services staff is conducting ongoing public and staff training as part of the
    SWMM update. Specifically, the LOS change currently proposed was included on the public notice
    summary and discussed at the public meeting. There were no public comments received on the change at
    that time.

    Applicable Provisions of the Growth Management Act (also other State laws):
    Responsible and environmentally sensitive stormwater management is a key responsibility of the City
    under the Growth Management Act (GMA). At the highest conceptual level, all of the GMA goals can be
    viewed as interlinked within a mutually dependent framework for guiding growth and development.
    Viewed in this sense, responsible provision and management of infrastructure supports all GMA policies.
    Most specifically, the amendments relate to Goal 10 Environment; and Goal 12 Public facilities and
    services:
            (10) Environment. Protect the environment and enhance the state’s high quality of life,
            including air and water quality, and the availability of water.


Annual Amendment Application #2009-03                                                                        Page 2 of 8
Staff Report

                                                    - 52 -
            (12) Public facilities and services. Ensure that those 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.

    In addition, municipal stormwater management is guided by numerous laws and administrative codes. It
    is outside the scope of the current application to review the newly adopted SWMM. Nonetheless, since
    the current amendments are partially intended to achieve consistency with the SWMM, these actions
    ultimately relate to numerous laws and guidance documents. The following provides an overview of that
    legal framework (excerpt from the Preface to the SWMM):

    “This guidance contributes to the protection of receiving waters and is in compliance with the
    Washington State Department of Ecology (Ecology) water quality standards. These water quality
    standards include:
            Chapter 173-200 WAC, Water Quality Standards for Groundwaters of the State of Washington
            Chapter 173-201A, Water Quality Standards for Surface Waters of the State of Washington
            Chapter 173-204, Sediment Management Standards

    Department of Ecology’s Stormwater Management Manual
    The City’s stormwater management manual was modeled after the Stormwater Management Manual for
    Western Washington, published by the Department of Ecology in February, 2005.

    Applicable Federal, State and Local Regulatory Requirements
    Refer to Volume 1, Appendix A for all applicable federal, state, and local regulatory requirements for this
    manual.
            Endangered Species Act
            Section 401 Water Quality Certifications
            Puget Sound Water Quality Management Plan
            Ecology NPDES Program
            Hydraulic Project Approvals
            Aquatic Lands Use Authorizations
            Watershed/Basin Planning
            Total Maximum Daily Loads
            Underground Injection Control Authorization”

    As noted above, the City’s recent update to the SWMM was principally completed to be in compliance
    with the City’s NPDES Phase I Municipal Stormwater Permit issued by Ecology. Part of permit
    compliance is to adopt a Surface Water Management Manual equivalent to Ecology’s 2005 Stormwater
    Management Manual for Western Washington. In August 2008, the Washington State Pollution Control
    Hearings Board made a ruling regarding an appeal of Ecology’s permit, indicating, among other things,
    that the permit needs to be more directive regarding the use LID stormwater techniques. Ecology has not
    yet implemented changes to their permit in light of this ruling. At this time, City staff cannot anticipate
    exactly how Ecology will comply with the ruling. Staff do anticipate, however, that the City may need to
    take some action in the future to reflect new guidance from Ecology, once the state agency has made
    changes to meet the Board’s ruling.

    Staff Analysis: The proposed amendments consist of small but important steps intended to improve the
    City’s policy guidance related to stormwater management. The proposed changes are consistent with the
    GMA and other pertinent state laws.


Annual Amendment Application #2009-03                                                                      Page 3 of 8
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                                                   - 53 -
    Applicable Provisions of the Comprehensive Plan:
    Numerous Comprehensive Plan policies relate to stormwater management, Levels of Service and the
    provision of utilities. The proposed changes are intended to improve internal consistency of the
    Comprehensive Plan related to these issues.

    The following Comprehensive Plan policies and discussion create the framework for managing growth,
    concurrency and provision of adequate infrastructure and services to accommodate growth:

        The Utilities Element indicates that "Level of Service" (LOS) is a standard which refers to an
        indicator of the extent or degree of service to be provided by a facility based on and related to the
        operational characteristics of the facility. The adopted standards will affect: the timing, amount of
        growth, development; and quality of public facilities and services while also designating service
        standards, health, safety, local perceptions, political acceptability, time period to achieve desired level
        of service and funding sources need to be considered.

        The Capital Facilities Element indicates that stormwater is a public facility under the GMA and
        County-wide Planning Policies, subject to the City’s concurrency management ordinance (TMC
        13.16). For facilities subject to concurrency, LOS standards are used to determine the need for such
        facilities, test the adequacy of such facilities to serve proposed development concurrent with the
        impacts of the development, and ensure that appropriate levels of capital resources are allocated.

        LU-GGD-1 Intergovernmental Coordination
        Manage growth and development in an orderly and desirable manner consistent with the expressed
        goals of the City, local governmental jurisdictions, regional and federal agencies, and the State of
        Washington.

        LU-GGD-5 Concurrent Provision of Services
        Development shall be approved only if adequate public facilities or services needed to serve the
        development are available at the time the demand for the facility or service is created or within a
        reasonable time as approved by the city.

        LU-GGD-6 Level of Service
        No development shall be approved which would result in a reduction in the adopted level of service
        standard for any needed public facility or service.

        CF-APFS-3 Level of Service
        No development shall be approved which would result in a reduction in the adopted level of service
        standard for any needed public facility or service.

        U-GD-4 Adequate Services and Facilities
        Foster orderly, desired growth at a rate consistent with citizen needs and the City's ability to provide
        adequate services and facilities.

        U-GD-7 Level of Service Standards
        Apply the same level of service standard consistently throughout the service area of City-owned
        utilities and if necessary, phase in over time.

        U-SLD-3 Adequate Service Standards
        Develop and maintain level of service standards that meet public health and safety requirements,
        assure quality of service and meet public needs.



Annual Amendment Application #2009-03                                                                         Page 4 of 8
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                                                    - 54 -
        Staff Analysis: The proposed LOS change represents an effort to ensure that stormwater standards
        keep up with the pace of development. As more development occurs, the total amount of impervious
        surface continues to increase contributing to greater overall runoff. This LOS change seeks to ensure
        that public facilities remain adequate to address these increased impacts. This is in keeping with
        GMA the Comprehensive Plan’s concurrency and LOS policies. The other proposed changes also
        support this by improving consistency, accuracy and strengthening policy intent.


    The following Comprehensive Plan policies relate to stormwater management and environmental issues:

        E-LID-1 Manage Stormwater
        Encourage the use of low impact development techniques to mitigate stormwater runoff, including
        bioretention systems, green roofs and vegetated walls, retention of native vegetation, avoidance of
        soil disturbance, appropriate planting, and using pervious or permeable materials that allow water to
        infiltrate where hard surfaces are needed.

        OS-GI-7 Sustainable Development Practices City-wide
        Encourage and support sustainable development practices throughout the City, such as low impact
        development stormwater management, green building and complete streets. Review and update City
        regulations on an ongoing basis, as new information and opportunities become available, to better
        achieve outcomes in terms of green infrastructure goals.

        Staff Analysis: The proposed policy changes support these policies by improving consistency,
        accuracy and strengthening policy intent of several existing policies.


    Applicable Provisions of the Land Use Regulatory Code:
    The proposed changes would have no direct bearing on the TMC, but would affect stormwater
    requirements as part of the City’s review of development proposals.


    Amendment Criteria:
    Applications for amendments to the Comprehensive Plan and Land Use Regulatory Code are subject to
    review based on the adoption and amendment procedures and the review criteria contained in TMC
    13.02.045.G. Proposed amendments are required to meet at least one of the eleven review criteria to be
    considered by the Planning Commission. The following section provides a review of each of these criteria
    with respect to the proposal. Each of the criteria is provided, followed by staff’s analysis of the criterion
    as it relates to this proposal.

        1. There exists an obvious technical error in the pertinent Comprehensive Plan or regulatory
           code provisions.

            Staff Analysis: The proposed amendments would improve consistency, accuracy and strengthen
            policy intent for the stormwater LOS and the four policies proposed for amendment. Some of the
            changes to terminology and definitions do constitute corrections to minor technical errors.




Annual Amendment Application #2009-03                                                                      Page 5 of 8
Staff Report

                                                   - 55 -
        2. The amendment is consistent with the Comprehensive Plan’s goals or policies or will
           achieve consistency.

            Staff Analysis: The proposed amendments would improve internal consistency with the policies
            proposed for amendment and other policies of the Comprehensive Plan.

        3. Circumstances related to the proposed amendment have significantly changed, or a lack of
           change in circumstances has occurred since the area or issue was last considered by the
           Planning Commission.

            Staff Analysis: Not applicable

        4. The needs of the City have changed, which support an amendment.

            Staff Analysis: The proposed amendment to the stormwater LOS reflects ongoing development
            and the long-term impacts of increased impervious surfaces in Tacoma. By increasing the
            standard, the LOS change will ensure the City can adequately address stormwater impacts as
            development continues in Tacoma.

        5. The amendment is compatible with existing or planned land uses and the surrounding
           development pattern.

            Staff Analysis: Not applicable

        6. Growth and development, as envisioned in the Plan, is occurring faster, slower, or is failing
           to materialize.

            Staff Analysis: Not applicable

        7. The capacity to provide adequate services is diminished or increased.

            Staff Analysis: Not applicable

        8. Plan objectives are not being met as specified, and/or the assumptions upon which the plan
           is based are found to be invalid.

            Staff Analysis: Not applicable

        9. Transportation and/or other capital improvements are not being made as expected.

            Staff Analysis: Not applicable

        10. Substantial similarities of conditions and characteristics can be demonstrated on abutting
            properties that warrant a change in land use intensity or zoning classification.

            Staff Analysis: Not applicable




Annual Amendment Application #2009-03                                                               Page 6 of 8
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                                                - 56 -
        11. A question of consistency exists between the Comprehensive Plan and its elements and
            RCW 36.70A, the County-wide Planning Policies for Pierce County, Multi-County Planning
            Policies, or development regulations.

            Staff Analysis: The proposed amendments address an issue of consistency between different
            Comprehensive Plan policies and the policies of the City’s Environmental Services Division.


    Economic Impact Assessment:
    The majority of the proposed amendments will clearly have no economic impacts. The one possible
    exception is the proposed stormwater LOS change, which would increase the required capacity of
    stormwater facilities in some instances: Whereas the current LOS permits any drain less than 24 inches in
    diameter to be constructed to a 10 year, 24 hour design storm, the proposed new LOS would only allow
    private facilities under 24 inches in diameter to be constructed to this standard. All public facilities would
    be required to meet a 25 year, 24 hour storm design. In some instances, this could result in cost increases
    relative to the current standard. However, given the intent of the LOS change—reducing the potential for
    flooding and overflow of stormwater facilities—any such cost increase must be balanced against the
    potential costs of flooding or overflow which could result if facilities do not keep pace with development.


    Staff Recommendation:
    Staff recommends approval of the proposed revisions to the LOS standards and policies.


    Exhibits:
    A. Draft Policy and LOS Standard Amendments




Annual Amendment Application #2009-03                                                                        Page 7 of 8
Staff Report

                                                    - 57 -
                              2009 Annual Amendment Application No. 2009-03
                                  Stormwater Management Policy Changes

                                          STAFF REPORT – EXHIBIT A
                                DRAFT POLICY AND LOS STANDARD AMENDMENTS



*Note – These amendments show all of the changes to the existing text of the Comprehensive Plan. New text is
underlined and text that is deleted is shown in strikethrough.


                                           CAPITAL FACILITIES ELEMENT:

       Storm Water Management
       •    Drains < 24”Private facilities less than 24   •   10 year, 24 hour design storm
       inches in diameter
       •    Drains > 24”All public facilities, and        •   25 year, 24 hour design storm
       private facilities greater than or equal to 24
       inches in diameter


                                         ENVIRONMENTAL POLICY ELEMENT:

     E-WQ-1           Water PollutionQuality
     Recognize the need for an increase in the level of sewage treatment and the eventualpotential treatment
     of storm water in order to meet future water pollution standards NPDES Phase I Municipal Stormwater
     permit requirements.

     E-SWR-1            On-Site DRetention Facilities
     Encourage the use of on-site dretention and water quality facilities and filtration systems that are
     designed in conjunction accordance with the cCity's storm drainage system Surface Water Management
     Manual where not prohibited by, as may be appropriate or necessary, for all developments located within
     identified critical drainage areas; or within areas where drainage problems would occur as a result of the
     proposed development, with the exception of and the South Tacoma Groundwater Protection District.

     E-SWR-2            Natural Watercourses
     Prohibit any filling of natural watercourses without adequate mitigation, proper environmental processing
     and permitting, and provisions for to accommodate the existing drainage through the modified
     watercourse modifying the natural channel to meet drainage standards established by in accordance with
     the City’s regulations.

     Neighborhood Element:

     C-4.6 Low Impact Development
     Encourage the use of low impact development techniques to mitigate storm water runoff, including
     bioretention systems, green roofs and vegetated walls, retention of by retaining native vegetation,
     avoidance of soil disturbance, appropriate planting, and using pervious, or permeable, materials for hard
     surfaces that allow water to infiltrateion where hard surfaces are needed.




 Annual Amendment Application #2009-03                                                                    Page 8 of 8
 Staff Report –Exhibit A

                                                     - 58 -
                                 2009 Annual Amendment Application No. 2009-04
                                             Transportation Element

                                                              STAFF REPORT

     Application #:                                   2009-04
     Applicant:                                       City of Tacoma, Public Works Department – Engineering
     Contact:                                         Jennifer Kammerzell, 591-5511
     Type of Amendment:                               Comprehensive Plan Text Change
     Current Land Use Intensity:                      Varies
     Current Area Zoning:                             Varies
     Size of Area:                                    Not Applicable
                                                      Within and in the vicinity of the Lower Portland Avenue and
     Location:
                                                      McKinley Mixed-Use Centers
     Neighborhood Council area:                       Eastside
                                                      Amend the Transportation Element of the Comprehensive Plan
     Proposed Amendment:
                                                      by adding 10 projects to the Unfunded Project List


    General Description of the Proposed Amendment:
    The proposed amendment would amend the Transportation Element by (1) adding ten projects (as shown
    below and in Exhibit A) to the “Transportation Improvement Projects List – Unfunded”, under the
    category of “Transportation Projects from Neighborhood Action Strategies”; and (2) adding Project No. 5
    to the Nonmotorized Network Map (Figure 2, page T-19) as one of the “Planned Connections.”

     No.                                Programs/Projects                                    Improvement Type
                                                                 th
      1        East M Street between Harrison and East 34 Streets                     Asphalt Paving
                      th
      2        East 34 Street from East M Street to McKinley Avenue                   Curb and Gutter, Sidewalks,
                                                                                      Streetlights, Storm Drainage
      3        Division Lane from approximately the 600 block to the 400 block        Install a landscape median allowing
                                                                                      for angle parking
      4        East N Street from Morton to East 35th Streets                         Curb and Gutter, Sidewalks,
                                                                                      Streetlights, Storm Drainage
      5        East N Street from East 35th to East 29th Streets                      Construct pedestrian trail
                      th
      6        East 34 Street steps west of Portland Avenue                           Improve pedestrian trail
      7        Fairbanks Street from East L Street to Grandview Avenue                Roadway Rehabilitation
                                                 th
      8        East R Street from 1-5 to East 35 Street                               Roadway Rehabilitation
                                          nd             th
      9        East T Street from East 32 to East 38 Streets                          Roadway Rehabilitation
      10       East Grandview Avenue from East 32nd to East Sherman Streets           Roadway Rehabilitation



Annual Amendment Application #2009-04                                                                                Page 1 of 7
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                                                               - 59 -
    The purpose of including these projects in the Unfunded Project List is to provide an opportunity for them
    to be eligible for future funding. The Unfunded Project List includes a variety of projects intended to
    improve traffic flows, roadway capacities and the overall transportation system performance within the
    next 20 years. Projects on the list are reviewed on a periodic basis, and depending on funding
    availability, may be moved to the Six-Year Comprehensive Transportation Program for budgeting and
    implementation. Keeping the Unfunded Project List current not only maintains the projects’ eligibility
    for funding, but also reflects the community’s needs and desires and meets the concurrency requirements
    of the Growth Management Act (GMA).

    The ten projects were developed based upon the request of the Eastside Neighborhood Advisory Council
    of Tacoma (ENACT) (See Exhibit B). The request was made on September 16, 2008, in response to the
    Public Works Department’s solicitation of priority projects from Neighborhood Councils during the
    review process for the Six-Year Comprehensive Transportation Program Amended 2008 & 2009-2014.


    Applicable Provisions of the Growth Management Act (and other State laws):
    The proposed projects reflect the community’s needs and current and future demands. The nonmotorized
    transportation components would be adequately incorporated in the projects, where necessary and
    appropriate, which would help promote physical activity. Adding these projects to the Unfunded Project
    List is consistent with the following provisions of the GMA:
        •      “The transportation element shall include the following subelement …… facilities and services
               needs, including …… identification of state and local system needs to meet current and future
               demands.” [RCW 36.70A.070(6)(a)(iii)(F)]
        •      “The transportation element shall include the following subelement …… pedestrian and bicycle
               component to include collaborative efforts to identify and designate planned improvements for
               pedestrian and bicycle facilities and corridors that address and encourage enhanced community
               access and promote healthy lifestyles.” [RCW 36.70A.070(6)(a)(vii)]
        •      “Wherever possible, the land use element should consider utilizing urban planning approaches
               that promote physical activity.” [RCW 36.70A.070(1)]


    Applicable Provisions of the Comprehensive Plan:
    The proposed projects primarily focus on the maintenance, rehabilitation and preservation of the existing
    roadways (including Project No. 5 which would turn the existing unpaved and wooded area through
    Rogers Park into a walking trail). The nonmotorized transportation components as well as the needs for
    all users of the roads would be adequately addressed, where necessary and appropriate. The projects are
    intended to maintain or improve adequate services of the roadways for all applicable modes of
    transportation. The projects are located in the general area bonded by SR-7 to the west, I-5 to the north,
    Grandview Avenue to the east, and E. 38th Street to the south, with Portland Avenue running through the
    middle. This area encompasses two mixed-use centers, i.e., the Lower Portland Avenue Community
    Center and the McKinley and E. 34th Neighborhood Center.

    For these reasons and for the potential benefits they are anticipated to generate, these projects are
    consistent with the intent of the Comprehensive Plan, as illustrated in the following applicable provisions
    contained in the Transportation Element:
        •      “T-LUT-3 Centers and Corridors – Give high priority to improvement of transportation facilities
               and services within designated centers and along identified corridors connecting the centers.”
               [Policy – Land Use and Transportation, Transportation Element, p. T-3]


Annual Amendment Application #2009-04                                                                     Page 2 of 7
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                                                    - 60 -
        •      “T-LUT-5 Accessibility – Situate new transportation facilities in a manner that will assure
               reasonable access for all modes to places of employment and attraction in the City.” [Policy –
               Land Use and Transportation, Transportation Element, p. T-3]
        •      “T-LUT-6 Concurrency – Ensure that the City’s transportation network adequately serves the
               existing and projected land use developments. If adequate service levels are not maintained,
               pursue improvements to the transportation systems, mitigations of impacts, or modifications to
               the land use assumptions, where appropriate.” [Policy – Land Use and Transportation,
               Transportation Element, p. T-4]
        •      “T-NT-1 Identification of Projects – Assign high priority to pedestrian and bicycle projects that
               serve the following objectives: address safety issues; provide access to designated centers;
               encourage safe and active routes to schools; provide linkages to the transit, ferry, and school bus
               systems; complete planned pedestrian or bicycle facilities or trails; and provide system
               connectivity.” [Policy – Nonmotorized Transportation, Transportation Element, p. T-7]
        •      “T-NT-2 Potential Corridors – Recognize, encourage, and support street systems, rail corridors,
               rights-of-way, off-road trail systems, easements, utility corridors, state highway systems,
               greenbelts, and other corridors as potential links to the bicycle and pedestrian system.” [Policy –
               Nonmotorized Transportation, Transportation Element, p. T-7]
         •     T-NT-8 Safety – Consider pedestrian and bicycle safety in all infrastructure decisions,
               particularly at crosswalks and intersections.” [Policy – Nonmotorized Transportation,
               Transportation Element, p. T-7]


    Applicable Provisions of the Land Use Regulatory Code:
    Not applicable.


    Amendment Criteria: Applications for amendments to the Comprehensive Plan and Land Use Regulatory Code
    are subject to review based on the adoption and amendment procedures and the review criteria contained in TMC
    13.02.045.G. Proposed amendments are required to meet at least one of the eleven review criteria to be considered
    by the Planning Commission. The following section provides a review of each of these criteria with respect to the
    proposal. Each of the criteria is provided, followed by staff analysis of the criterion as it relates to this proposal.

    1. There exists an obvious technical error in the pertinent Comprehensive Plan or regulatory code
       provisions.
        Not applicable.

    2. The amendment is consistent with the Comprehensive Plan’s goals or policies or will achieve
       consistency.
        Yes, as discussed above.

    3. Circumstances related to the proposed amendment have significantly changed, or a lack of
       change in circumstances has occurred since the area or issue was last considered by the
       Planning Commission.
        Not applicable; the proposed amendment has never been presented to the Planning Commission.

    4. The needs of the City have changed, which support an amendment.



Annual Amendment Application #2009-04                                                                                Page 3 of 7
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                                                        - 61 -
        The proposed projects reflect the needs of the Eastside Neighborhood, and the needs of the City, in
        terms of the maintenance, rehabilitation and preservation of the existing transportation infrastructures.
        The needs have been growing, as the infrastructures continue to deteriorate.

    5. The amendment is compatible with existing or planned land uses and the surrounding
       development pattern.
        Not applicable. The proposed projects primarily focus on the maintenance, rehabilitation and
        preservation of the existing roadways, and are not expected to entail such issues as right-of-way
        acquisition (for new construction), street closure and travel lane expansion that might generate the
        concern of compatibility with the surrounding land uses and developments.

    6. Growth and development, as envisioned in the Plan, is occurring faster, slower, or is failing to
       materialize.
        Not applicable.

    7. The capacity to provide adequate services is diminished or increased.
        The proposed projects are intended to repair and upgrade the deteriorating roadways where the
        capacity to provide adequate services to motorized and nonmotorized transportation is diminishing.

    8. Plan objectives are not being met as specified, and/or the assumptions upon which the plan is
       based are found to be invalid.
        Not applicable.

    9. Transportation and and/or other capital improvements are not being made as expected.
        In the letter of request from the Eastside Neighborhood Advisory Council of Tacoma (ENACT),
        Projects No. 7, 8, 9 and 10 were cited as “the worst possible streets in our area.” (See Exhibit B).
        Public Works staff conducted a cursory review of some of the roadways and was able to verify the
        deteriorated conditions and the need for rehabilitation. It can be argued that the proposed
        improvements to these roadways are long overdue.

    10. Substantial similarities of conditions and characteristics can be demonstrated on abutting
        properties that warrant a change in land use intensity or zoning classification.
        Not applicable.

    11. A question of consistency exists between the Comprehensive Plan and its elements and RCW
        36.70A, the County-wide Planning Policies for Pierce County, Multi-County Planning Policies,
        or development regulations.
        Not applicable.


    Economic Impact Assessment:
    The proposed projects are expected to generate positive economic effects to the community by restoring
    adequate roadway services for the Eastside Neighborhood, including the Lower Portland Avenue
    Community Center and the McKinley and E. 34th Neighborhood Center. However, their impacts to the
    City’s transportation budget are unknown, until such time when they are funded and ready to proceed.




Annual Amendment Application #2009-04                                                                      Page 4 of 7
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                                                   - 62 -
    Proposed Change:
    The preliminary recommendation is to approve the proposed change, which would amend the
    Transportation Element by (1) adding the 10 projects as shown in Exhibit A to the “Transportation
    Improvement Projects List – Unfunded”, under the category of “Transportation Projects from
    Neighborhood Action Strategies”, and (2) adding Project No. 5 (constructing a pedestrian trail on E. N
    from E. 35th to E. 29th streets) to the Nonmotorized Network Map (Figure 2, page T-19) as one of the
    “Planned Connections.”


    Exhibits:
    A. Proposed Unfunded Projects
    B. Letter of Request from the Eastside Neighborhood Advisory Council of Tacoma (ENACT)




Annual Amendment Application #2009-04                                                                   Page 5 of 7
Staff Report

                                                 - 63 -
                                                    EXHIBIT A
                                           PROPOSED UNFUNDED PROJECTS




No.                  Programs/Projects                       Improvement Type
 1    East M Street between Harrison and East 34th       Asphalt Paving
 2    East 34th Street from East M to McKinley           Curb and Gutter, Sidewalks,
      Avenue                                             Streetlights, Storm Drainage
3     Division Lane from approximately the 600           Install a landscape median
      block to the 400 block                             allowing for angle parking
4     East N Street from Morton to East 35th Street      Curb and Gutter, Sidewalks,
                                                         Streetlights, Storm Drainage
 5    East N Street from East 35th to East 29th Street   Construct pedestrian trail
 6    East 34th Street steps west of Portland Avenue     Improve pedestrian trail
 7    Fairbanks from East L to Grandview                 Roadway Rehabilitation
 8    East R from 1-5 to East 35th Street                Roadway Rehabilitation
 9    East T from East 32nd to East 38th Streets         Roadway Rehabilitation
10    East Grandview from East 32nd to East Sherman      Roadway Rehabilitation


 Annual Amendment Application #2009-04                                                  Page 6 of 7
 Staff Report

                                                         - 64 -
                                       EXHIBIT B
     LETTER OF REQUEST FROM THE EASTSIDE NEIGHBORHOOD ADVISORY COUNCIL OF TACOMA




Annual Amendment Application #2009-04                                       Page 7 of 7
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                                        - 65 -
- 66 -
                            2009 Annual Amendment Application No. 2009-05
                             HMR-SRD Zoning District Boundary Correction

                                                STAFF REPORT


     Application #:                        2009-05
                                           City of Tacoma, Community and Economic Development
     Applicant:
                                           Department - Planning
     Contact:                              Reuben McKnight, 591-5220
     Type of Amendment:                    Area-wide Rezone
     Current Land Use Intensity:           Medium
     Current Area Zoning:                  R-4/HIST Multi-family Dwelling District with a Historic Overlay
     Size of Area:                         Approximately 14 parcels, 2.2 acres
                                           Blocks 3322 and 3323 of the Plat of New Tacoma, in the vicinity
     Location:
                                           of North 4th and K Streets
     Neighborhood Council area:            North End
                                           Rezone the properties from R-4/HIST (Multi-family Dwelling
                                           District with a Historic Overlay) to HMR-SRD/HIST (Historic
     Proposed Amendment:
                                           Mixed-Residential Special Review District with a Historic
                                           Overlay)


    General Description of the Proposed Amendment:
    The proposed amendment would rezone one block that is located within the North Slope Historic Special
    Review District from R-4/HIST to HMR-SRD/HIST, consistent with the remainder of the special review
    district. Blocks 3322 and 3323 are bounded by North K Street to the north, North 4th Street to the west,
    North L Street to the south, and Division Avenue on the east. The proposed rezone includes all of Blocks
    3322 and 3323 except for the very southeastern portion of each, which is located within the Stadium
    Mixed-Use Center, is zoned NCX Neighborhood Commercial Mixed-Use, and is not located within the
    North Slope Historic District or the associated Overlay Zone (a map of the proposed rezone area is
    included as an exhibit).

    The existing land uses for Block 3322 include Religious Services (four of the five total parcels for the
    block) and Medical Offices. Block 3323 is primarily residential, including fourplexes (three parcels),
    duplexes (one parcel with one under construction), single-family residences (two parcels), and a medical
    office fronting Division. The blocks to the west and north consist primarily of historic duplex or higher
    intensity residential uses, with some single-family residences. To the south, uses consist primarily of
    medical offices with some single-family development. Division, a major arterial, is to the southeast.




Annual Amendment Application #2009-05                                                                    Page 1 of 4
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                                                  - 67 -
    Applicable Provisions of the Growth Management Act (and other State laws):
    The following goals of GMA pertain to this proposed amendment.

            Housing. Encourage the availability of affordable housing to all economic segments of the
            population of this state, promote a variety of residential densities and housing types, and
            encourage preservation of existing housing stock.

            Historic preservation. Identify and encourage the preservation of lands, sites, and structures that
            have historical or archaeological significance.

    This proposal is intended to align the boundaries of the Historic Mixed-Residential Special Review
    District zoning classification (HMR-SRD) with the boundaries of the North Slope Historic Special
    Review District overlay. When originally created in 2006, the intent of the HMR-SRD zone was “to have
    one base zoning district for the entire historic overlay zoning district,” according to the 2006 application
    submitted to the City. As stated in the 2006 Staff report:

            The proposed amendment involves an area that has been found to be historic through the
            designation of an overlay zoning district, the North Slope Historic Special Review
            District and is consistent with the historic preservation goal of the Act. The historic
            zoning designation also helps to preserve existing stock by providing protections which
            strongly discourage demolition.

    The boundaries of the 2006 rezone followed what were believed to be the boundaries of the historic
    overlay. Unfortunately, it was later discovered that the map of the historic overlay used to define the
    boundaries of the HMR-SRD zone contained an error that inadvertently omitted the subject blocks. The
    legal description of the historic overlay, which was adopted by City Council in 2000, does include these
    blocks.

    The historic overlay map was corrected as a part of the TMC 13.07 update in 2008. However, the HMR-
    SRD base zoning district still does not include the subject blocks, as originally intended. During the 2008
    TMC 13.07 update, staff recommended that the Planning Commission consider making a similar
    correction to the HMR-SRD zone at a future date.

    Applicable Provisions of the Comprehensive Plan:
    In the Historic Preservation Section of the Culture and History Element of the Comprehensive Plan, the
    introduction states, “…neighborhoods and their development patterns are…significant to the history and
    form of Tacoma. Moreover, each neighborhood has its own history and identity that should be fostered
    and supported by the City’s policies and projects.”

    The following policies are specifically germane to this application:

            CH-HP-5 Encourage neighborhood-level preservation
            Enhance the architectural, historical, cultural, and landscape features important to neighborhood
            identity and spirit by encouraging the adoption of development standards, zoning, and financial
            incentives targeted towards neighborhoods.

            CH-HP-9 Use historic development patterns as guidance for future planning
            Recognize historic patterns of land use, infrastructure development and circulation patterns and
            utilize those patterns where appropriate for future planning and development.



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                                                   - 68 -
    Applicable Provisions of the Land Use Regulatory Code:
    In 2006, the Planning Commission specifically reviewed the base zoning classifications and the zoning
    regulations within the North Slope Historic Zoning District. The Commission’s recommendations to
    create the Historic Mixed Residential – Special Review District were adopted by City Council, modifying
    TMC 13.06.118 and redefining the Mixed-Residential Special Review District, as well as expanding its
    boundaries to be consistent with the boundaries of the North Slope Historic Special Review District
    historic overlay zone.


    Amendment Criteria:
    Applications for amendments to the Comprehensive Plan and Land Use Regulatory Code are subject to
    review based on the adoption and amendment procedures and the review criteria contained in TMC
    13.02.045.G. Proposed amendments are required to meet at least one of the eleven review criteria to be
    considered by the Planning Commission. The following section provides a review of each of these
    criteria with respect to the proposal. Each of the criteria is provided, followed by staff analysis of the
    criterion as it relates to this proposal.

    1. There exists an obvious technical error in the pertinent Comprehensive Plan or regulatory code
       provisions.

        Staff Analysis: Yes. The boundaries of the 2006 rezone followed what were believed to be the
        boundaries of the historic overlay. However, the map of the historic overlay used to define the
        boundaries of the HMR-SRD zone contained an error that inadvertently omitted the subject blocks.
        The legal description of the historic overlay, which was adopted by City Council in 2000, does
        include these blocks. As stated previously, the intent of the HMR-SRD zoning classification was to
        match the area covered by the historic overlay zone.

    2. The amendment is consistent with the Comprehensive Plan’s goals or policies or will achieve
       consistency.
        Staff Analysis: Yes, as discussed above.

    3. Circumstances related to the proposed amendment have significantly changed, or a lack of
       change in circumstances has occurred since the area or issue was last considered by the
       Planning Commission.
        Staff Analysis: The Historic Mixed Residential – Special Review District zoning classification was
        considered and recommended by the Commission in 2006; however, the subject area was
        inadvertently omitted from the legal description of the zone.

    4. The needs of the City have changed, which support an amendment.
        Staff Analysis: Not applicable.

    5. The amendment is compatible with existing or planned land uses and the surrounding
       development pattern.
        Staff Analysis: This issue was reviewed in depth by the Planning Commission during its
        consideration of the zoning classification in 2006.




Annual Amendment Application #2009-05                                                                      Page 3 of 4
Staff Report

                                                   - 69 -
    6. Growth and development, as envisioned in the Plan, is occurring faster, slower, or is failing to
       materialize.
        Staff Analysis: Not applicable.

    7. The capacity to provide adequate services is diminished or increased.
        Staff Analysis: Not applicable.

    8. Plan objectives are not being met as specified, and/or the assumptions upon which the plan is
       based are found to be invalid.
        Staff Analysis: Not applicable.

    9. Transportation and and/or other capital improvements are not being made as expected.
        Staff Analysis: Not applicable.

    10. Substantial similarities of conditions and characteristics can be demonstrated on abutting
        properties that warrant a change in land use intensity or zoning classification.
        Staff Analysis: Not applicable.

    11. A question of consistency exists between the Comprehensive Plan and its elements and RCW
        36.70A, the County-wide Planning Policies for Pierce County, Multi-County Planning Policies,
        or development regulations.
        Staff Analysis: Not applicable.


    Economic Impact Assessment:
    The proposed change should not have an adverse effect on the economic viability of the neighborhood;
    however, it will reduce the potential development density of the subject parcels. Conversely, limiting the
    potential for inappropriately scaled development within the historic overlay zone may have a beneficial
    effect on the house values in the area.


    Staff Recommendation:
    The preliminary staff recommendation is to approve the proposed change.


    Exhibits:
    A. Map of area proposed to be rezoned




Annual Amendment Application #2009-05                                                                    Page 4 of 4
Staff Report

                                                  - 70 -
                                                      Exhibit A
       ST                                 HMR-SRD Rezone (Application #2009-05)


                                                                                                                                                       NI
    TH




                                                                                                                                                                ST
  N6




       C1-
       HIST

                             Change from R4-HIST
                                                                                                         NJ
                              To HMR-SRD-HIST                                                                 ST




                                                                                                                                                    ST
                                                                                                                                               RD
                                                                                                                                                                    R4




                                                                                                                                            N3
                                          HMR-
                               ST




                                          SRD-
                             TH




                                          HIST N K S
                           N5




                                                     T
                                                                                                                                                T
                                                                       ST




                                                                                                                                  NCX
                                                                    TH
                                                                   N4




                                          NL
                                                   ST


                                                                                          R4-HIST
                                                                                                                                                                            T
                                                                                                                                              MARTIN                 S 3RD S

                                                                            R4                       E
                                                                                                AV
                                                                                            N
                                                                                          IO
                                                                                                                                                LUTHER



                                                                                      S
                       NM                                                           VI
                             ST                                                   DI
                                                             T
                                                                                                                                HM
                                                                                                                                                     KING JR
                                                                                                                                                             WA Y
                                                          S M ST




                                                                T
                                                        S 4 TH S
                                                                                                          S L ST




                                            R2-SRD

                                                                             16



                                                                                  16                                              0           100                   200
                                                                                                 5
             Existing Zoning
                                                                                                                                              Feet

             Parcels                                                                                                            Map is for reference only.


\\geobase-win\ced\GADS\R2009\R080\App2009-05.mxd
                                                                                  - 71 -
                                                                                   City of Tacoma | Community & Economic Development Department | GIS Analysis & Data Services | 2/24/09
- 72 -
                         2009 Annual Amendment Application No. 2009-06
                 Comprehensive Plan/Development Regulations Technical Amendments

                                                 STAFF REPORT


    Application #:                         2009-06
    Applicant:                             City of Tacoma, Community & Economic Development Dept.
    Contact:                               Brian Boudet, Community & Economic Development Dept.
    Type of Amendment:                     Code Amendments
    Current Land Use Intensity:            Various
    Current Area Zoning:                   Various
    Size of Area:                          Not applicable
    Location:                              City-wide
    Neighborhood Council area:             Various
                                           Various amendments to address inconsistencies, correct minor
    Proposed Amendment:
                                           errors, and provide clarity


    General Description of the Proposed Amendment:
    The proposed amendments to the Land Use Regulatory Code involve three general categories, i.e., Code
    Text Corrections, Mixed-Use Center Boundary Corrections, and Zoning Classification Corrections.
    These technical amendments are intended to address inconsistencies, correct minor errors, and improve
    provisions that, through administration and application of the code, are found to be unclear or not fully
    meeting their intent.

    A summary of the proposed amendments is as follows:

        A. Code Changes

            Clarifications
            • Clarify that the 50-foot minimum lot frontage requirement does not apply to townhouse
               developments.
            • Modify the setback exception for fireboxes to clarify how it applies in R-1.
            • Specify that home occupations are allowed in all zoning districts.
            • Modify Section 13.06.600.C to eliminate the internal inconsistency regarding the “interim”
               zoning classifications for properties annexed into the City.

            Consistencies
            • The two locations where the front setback provision regarding garages need to agree, that the
               setback is measured from the property line or the edge of a primary access easement.
            • The two locations where the residential yard requirement is stated need to agree, that on lots
               smaller than 3,500 square feet the minimum dimension for required yard space is 12 feet.

Annual Amendment Application #2009-06                                                                    Page 1 of 4
Staff Report

                                                  - 73 -
            •   Eliminate “parking area” as a distinct use in the commercial and industrial use tables (as was
                done in the residential use table)
            •   Modify the use table abbreviations chart at the beginning of the commercial use table so that
                it is consistent with the other sections, where “TU” doesn’t make reference to a “permit.”
            •   Change term to “single-family dwelling” in 13.06.100.D (pre-existing lots)
            •   Remove the term “tavern” from the “brewpub/tavern” use listed in the use tables.

            Diagrams
            • Fix Wall Modulation diagram in 13.06.501.B – code requirement is 15-foot width while the
               diagram indicates a minimum 6-foot width

            References
            • Eliminate the few remaining references to “special development permit” (this type of permit
               no longer exists)
            • Clarify references to “Uniform Building Code”
            • Add in date for limitation on new cemeteries in commercial and industrial districts
            • Add reference in 13.06.100.F to additional parking provisions in 13.06.510
            • Eliminate reference in 13.04.090.B to section 13.04.360 (no longer exists)
            • Correct references to Survey Recording Act to be RCW 58 and WAC 332
            • Remove the reference to WAC 197-11-800(25)(h) in TMC 13.11.170 (no longer exists)

            Definitions
            • Add definition for “eating and drinking”
            • Add definition for “Schools, Public & Private”
            • Eliminate “banks, savings and loan, financial” definition (this is included in the “office” use
               definition)
            • Eliminate “cellar” definition (this term is not used in the code and there is a separate
               definition for “basement,” which is generally the term that is used)
            • Add reference to 13.12.910 into the definition for “responsible official” (in TMC 13.12.045)

        B. Mixed-Use Center Boundary Corrections
           • Remove the area near South 50th and Adams from the 56th & South Tacoma Way Mixed-
              Use Center (to address a minor inaccuracy in the legal description associated with the 2008
              Annual Amendment)

        C. Zoning Classification Corrections
           • Remove an approximately 10-foot wide sliver of property north of Center Street from a
              rezone legal description associated with the 2008 Annual Amendment (to address a minor
              inaccuracy in the legal description)


    Project Background:
    As part of the 2008 annual amendments and the completion of the “Zoning Code Update Project” (with
    the adoption of the final, residential phase), staff discussed with the Planning Commission and the City
    Council its intent to hereafter bring forward, on a more regular basis, technical amendments to the Zoning


Annual Amendment Application #2009-06                                                                     Page 2 of 4
Staff Report

                                                  - 74 -
    Code to address inconsistencies, correct minor errors, and provide clarity. These amendments are
    designed to correct some minor errors, improve internal consistency, and clarify issues identified through
    administration of the code. In addition, these amendments include a zoning boundary correction and one
    modification to the boundary of a mixed-use center. Both of these items will clean-up minor inaccuracies
    in two of the legal descriptions associated with the 2008 annual amendments.


    Applicable Provisions of the Growth Management Act:
    The Growth Management Act (GMA) requires that development regulations shall be consistent with and
    implement the Comprehensive Plan. Development regulations include, but are not limited to, zoning
    controls, critical area ordinances, shoreline master programs, official controls, planned unit development
    ordinances, subdivision ordinances, and binding site plan ordinances. The proposed amendments are
    designed to improve consistency and compatibility within the development regulations and between the
    Comprehensive Plan, zoning classifications and development regulations.


    Amendment Criteria:
    Applications for amendments to the Comprehensive Plan and Land Use Regulatory Code are subject to
    review based on the adoption and amendment procedures and the review criteria contained in
    TMC 13.02.045.G. Proposed amendments are required to meet at least one of the eleven review criteria to
    be considered by the Planning Commission. The following section provides a review of each of these
    criteria with respect to the proposal. Each of the criteria is provided, followed by staff analysis of the
    criterion as it relates to this proposal.

    1. There exists an obvious technical error in the pertinent Comprehensive Plan or regulatory code
       provisions.

        Staff Analysis: The general purpose of this application is to address technical errors that have been
        identified either through administration and application of the code and Comprehensive Plan. The
        proposed amendments are intended to address inconsistencies, correct minor errors, and improve
        provisions that are found to be unclear or not fully meeting their intent.

    2. The amendment is consistent with the Comprehensive Plan goals or policies or will achieve
       consistency.

        Staff Analysis: The proposed amendments will improve consistency within the Comprehensive Plan,
        within the Land Use Reguatory Code, and bbetween the Comprehensive Plan and Code.

    3. Circumstances related to the proposed amendment have significantly changed, or a lack of
       change in circumstances has occurred since the area or issue was last considered by the
       Planning Commission.

        Staff Analysis: Not applicable

    4. The needs of the City have changed, which support an amendment.

        Staff Analysis: Not applicable.




Annual Amendment Application #2009-06                                                                     Page 3 of 4
Staff Report

                                                  - 75 -
    5. The amendment is compatible with existing or planned land uses and the surrounding
       development pattern.

        Staff Analysis: Not applicable.

    6. Growth and development, as envisioned in the Plan, is occurring faster, slower, or is failing to
       materialize.

        Staff Analysis: Not applicable.

    7. The capacity to provide adequate services is diminished or increased.

        Staff Analysis: Not applicable.

    8. Plan objectives are not being met as specified, and/or the assumptions upon which the plan is
       based are found to be invalid.

        Staff Analysis: Not applicable.

    9. Transportation and and/or other capital improvements are not being made as expected.

        Staff Analysis: Not applicable.

    10. Substantial similarities of conditions and characteristics can be demonstrated on abutting
        properties that warrant a change in land use intensity or zoning classification.

        Staff Analysis: Not applicable.

    11. A question of consistency exists between the Comprehensive Plan and its elements and RCW
        36.70A, the County-wide Planning Policies for Pierce County, Multi-County Planning Policies,
        or development regulations.

        Staff Analysis: Not applicable.


    Staff Recommendation:
    Staff recommends forwarding the draft technical amendments for public review and comment.


    Exhibits:
    A. Draft Land Use Regulatory Code Amendments
    B. Map of Proposed Zoning Correction near South 28th and M Streets
    C. Map Proposed Adjustment to 56th & South Tacoma Way Mixed-Use Center Boundary




Annual Amendment Application #2009-06                                                                Page 4 of 4
Staff Report

                                                - 76 -
                         2009 Annual Amendment Application No. 2009-06
                 Comprehensive Plan/Development Regulations Technical Amendments

                                        STAFF REPORT – EXHIBIT A
                                DRAFT LAND USE REGULATORY CODE CHANGES


      These proposed amendments include modifications to the following Sections of TMC Title 13,
      the Land Use Regulatory Code:
      13.04 – PLATTING AND SUBDIVISIONS
      13.04.090     Short Subdivisions and Short Plats
      13.04.100     Plat Procedures

      13.05 – LAND USE PERMIT PROCEDURES
      13.05.020     Notice process
      13.05.030     Land Use Administrator – Creation and Purpose – Appointment – Authority
      13.05.050     Appeals of Administrative Decisions
      13.05.070     Expiration of Permits

      13.06 – ZONING
      13.06.100.C   Residential Districts, Land Use Requirements
      13.06.100.D   Residential Districts, Lot Size and Building Envelope Standards
      13.06.100.F   Residential Districts, Accessory Use and Building Standards
      13.06.150     Accessory Dwelling Units
      13.06.200.C   Commercial Districts, Land Use Requirements
      13.06.400.C   Industrial Districts, Land Use Requirements
      13.06.501.B   Building Design Standards, Mass Reduction
      13.06.510     Off-Street Parking and Storage Areas, Table 1 Footnotes
      13.06.510.B   Off-Street Parking Area Development Standards
      13.06.521.H   General Sign Regulations, Marquee Signs
      13.06.602.A.3 General Restrictions, Areas and Yards
      13.06.700     Definitions and Illustrations

      13.11 – CRITICAL AREAS PRESERVATION
      13.11.170      Critical Area Designation and SEPA

      13.12 – ENVIRONMENTAL CODE
      13.12.045     Additional Definitions

      13.16 – CONCURRENCY MANAGEMENT SYSTEM
      13.16.020    Definitions



*Note – These amendments show all of the changes to the existing land use regulations. The sections included are
only those portions of the code that are associated with these amendments. New text is underlined and text that is
deleted is shown in strikethrough.




  Annual Amendment Application #2009-06                                                                  Page 1 of 19
  Staff Report – Exhibit A

                                                    - 77 -
                                                  Chapter 13.04
                                           PLATTING AND SUBDIVISIONS

    13.04.090 Short subdivisions and short plats.
    A. Administration. The Land Use Administrator or designee is vested with the duty of administering the provisions
    of this section and with the authority to summarily approve or disapprove proposed short plats. The Land Use
    Administrator or designee may prepare and require the use of such forms and develop policies deemed essential to
    the effective administration of this code.
    B. Application. Applications for approval of short subdivisions shall be submitted to the Department of Public
    Works and shall be accompanied by a proposed short plat which includes pertinent survey data compiled as a result
    of a survey of the property made by or under the supervision of a registered land surveyor. In addition, an
    application will include a title report and free consent statement signed by all owners of land within the proposed
    short plat. All surveys shall be accomplished as required by the Survey Recording Act (RCW Titles 58 and WAC
    3322), and shall be monumented in accordance with Section 13.04.360 of this chapterthe Survey Recording Act and
    Public Works specifications. In addition to the survey data, the short plat shall indicate:
                                                              ***
    8. The location of all on-site private roadways, pedestrian ways, bike routes, and utilities;
    9. The accurate location, material and size of all monuments. Monuments shall meet the specifications of the
    Survey Recording Act and Public Works DepartmentCity Engineer;
    10. Certification by a registered land surveyor to the effect that the short plat is a true and correct representation of
    the lands actually surveyed and that all the monuments shown thereon actually exist, or that, in lieu of their
    placement, a bond has been provided in conformance with Section 13.04.360 of this chapter, and that the location,
    size and material of the monuments are correctly shown;
                                                              ***



    13.04.100     Plat procedures.
                                                              ***
    G. Contents of Final Plat. The final plat shall be drawn to a scale of 100 feet or less, but, preferably, 100 feet to the
    inch, and shall show:
                                                              ***
    9. All block indications, lot numbers, and lot lines with accurate dimensions in feet and hundredths and with
    bearings and angles to street and alley lines.
    10. The accurate location, material, and size of all monuments. Monuments shall meet the specifications of the
    Survey Recording Act and Public Works DepartmentCity Engineer.
    11. The accurate outline of all property which is offered for dedication for public use with the purpose indicated
    thereon, and all property that may be reserved by deed covenant for the common use of the property owners in the
    subdivision.
                                                              ***




Annual Amendment Application #2009-06                                                                                   Page 2 of 19
Staff Report – Exhibit A

                                                         - 78 -
                                                         Chapter 13.05
                                                LAND USE PERMIT PROCEDURES

    13.05.020           Notice process.
                                                                         ***

    G. Notice and Comment Period for Specified Permit Applications. Table G specifies how to notify, the distance
    required, the comment period allowed, expiration of permits, and who has authority for the decision to be made on
    the application.
    Table G – Notice, Comment and Expiration for Land Use Permits
 Permit Type            Preapplication     Notice:     Notice:        Notice:     Comment                   Hearing      City          Expiration
                        Meeting            Distance    Newspaper      Post Site   Period  Decision          Required     Council       of Permit
 Interpretation/determi Recommended        100 feet    For general    Yes         14 days LUA               No           No            None
 nation of code                            for site    application
                                           specific
 Uses not specifically    Recommended      400 feet    Yes            Yes         30 days      LUA          No           No            None
 classified
 Boundary line            Required         No          No             No          No           LUA          No           No            5 years***
 adjustment
 Binding site plan        Required         No          No             No          No           LUA          No           No            5 years***
 Environmental SEPA       Optional         Same as     Yes if no      Yes for     Same as      Dept.        No           No            None
 DNS/EIS                                   case type   hearing        EIS         case type    Director
                                                       required
 Variance , height of     Required         400 feet    No             Yes         30 days      LUA          No*          No            5 years
 main structure
 Open space               Required         400 feet    No             Yes         **           Hearing      Yes          Yes           None
 classification                                                                                Examiner
 Plats 10+ lots           Required         400 feet    Yes            Yes         21 days      Hearing      Yes          Final Plat    5 years***
                                                                                  SEPA**       Examiner
 Plats 5-9 lots           Required         400 feet    Yes            Yes         20 days      LUA          No*          Final Plat    5 years***
 Rezones                  Required         400 feet    No             Yes         21 days      Hearing      Yes          Yes           None
                                                                                  SEPA**       Examiner
 Shoreline/CUP/           Required         400 feet    No             Yes         30 days**    LUA          No*          No            2 years/
 variance                                                                         ***                                                  maximum 6
 Short plat               Required         No          No             No          No           LUA          No           No            5 years***
 Site approval            Optional         400 feet    No             Yes         30 days**    LUA          No*          No            5 years
                                                                                  ***
 Conditional use          Required         400 feet    No             Yes         30 days**    LUA          No*          No            5 years****
                                                                                  ***
 Special development      Optional         400 feet    No             Yes         30 days**    LUA          No*          No            5 years
                                                                                  ***
 Variance                 Optional         100 feet    No             Yes         14 days      LUA          No*          No            5 years
 Waiver                   Optional         100 feet    No             Yes         14 days      LUA          No*          No            Condition of
                                                                                                                                       permit
 Wetland/Stream/          Required         400 feet    No             Yes         30 days      LUA          No*          No            5 years
 FWHCA
 development permits
 Wetland/stream/          Required         400 feet    No             Yes         14 days      LUA          No           No            5 years
 FWHCA assessment
 Wetland delineation      Required         400 feet    No             Yes         30 days      LUA          No           No            5 years
 verification
    INFORMATION IN THIS TABLE IS FOR REFERENCE PURPOSE ONLY.

         *When an open record hearing is required, all other land use permit applications for a specific site or project shall be considered
          concurrently by the Hearing Examiner (refer to Section 13.05.040.E).
      ** Comment on land use permit proposal allowed from date of notice to hearing.
     *** Must be recorded with the Pierce County Auditor within five years.
    **** Special use permits for wireless communication facilities, including towers, are limited to two years from the effective date of the Land
          Use Administrator’s decision.
    ***** If a public meeting is held, the public comment period shall be extended 7 days beyond and including the date of the public meeting.




Annual Amendment Application #2009-06                                                                                                      Page 3 of 19

                                                                   - 79 -
Staff Report – Exhibit A
    13.05.030 Land Use Administrator – Creation and purpose – Appointment – Authority.
    A. Creation and Purpose. The position of Land Use Administrator is hereby created. The Land Use Administrator
    shall act upon land use regulatory permits as specified in this chapter. In order to ensure that the Land Use
    Administrator is free from improper influence, no individual, City employee, and member of the City Council, or
    other City board, commission or committee shall interfere with the exercise of the Land Use Administrator’s duties
    and responsibilities set forth herein.
    B. Appointment. The Land Use Administrator shall be appointed by the Director of Public Works, upon advice of
    the Director of the Community and Economic Development Department and the City Attorney. The Director of
    Public Works may also designate an Acting Land Use Administrator who shall, in the event of the absence or the
    inability of the Land Use Administrator to act, have all the duties and powers of the Land Use Administrator.
    C. Authority. The Land Use Administrator shall have the authority to act upon the following matters:
    1. Interpretation, enforcement, and administration of the City’s land use regulatory codes as prescribed in this title;
    2. Applications for conditional use permits;
    3. Applications for site plan approvals;
    4. Applications for special development permits;
    45. Applications for variances;
    56. Applications for waivers;
    67. Applications for preliminary and final plats as outlined in Chapter 13.04, Platting;
    78. Applications for Wetland/Stream/FWHCA Development Permits, Wetland Delineation Verifications,
    Wetland/Stream/FWHCA Assessments as outlined in Chapter 13.11;
    89. Applications for Shoreline Management Substantial Development Permits/conditional use/ variances as outlined
    in Chapter 13.10;
    910. Modifications or revisions to any of the above approvals;
    1011. Approval of landscape plans;
    1112. Extension of time limitations;
    1213. Application for permitted use classification for those uses not specifically classified.
    1314. Boundary line adjustments, binding site plans, and short plats;
    1415. Approval of building or development permits requiring Land Use Code and Environmental Code compliance.
                                                             ***

    13.05.050 Appeals of administrative decisions.
    A. Purpose. The purpose of this section is to cross-reference the procedures for appealing administrative decisions
    on land use proposals.
    B. Applicability. The provisions of this section shall apply to any order, requirement, permit, decision, or
    determination on land use proposals made by the Land Use Administrator. These may include, but are not limited
    to, variances, shoreline, short plat, wetland/stream development, site approval, and conditional use, and special
    development permits, modifications to permits, interpretations of land use regulatory codes, and decisions for the
    imposition of fines. These provisions do not apply to decisions of the Land Use Administrator for revised shoreline
    permits (refer to Section 13.10.200). These provisions also do not apply to exemptions under TMC Chapter 13.11.
                                                             ***




Annual Amendment Application #2009-06                                                                                Page 4 of 19

                                                        - 80 -
Staff Report – Exhibit A
    13.05.070 Expiration of permits.
    (Refer to Table G in Section 13.05.020).
    A. Expiration Schedule. The following schedule indicates the expiration provisions for land use permits within the
    City of Tacoma.


          Type of Permit               Maximum Duration
    1.    Conditional Use Permit       5 years
    2.    Variance                     5 years
    3.    Site Approval                5 years
    4.    Special Development          5 years
          Permit
    45.   Waiver                       5 years
    56.   Wetland/Stream/FWHCA         5 years
          Development Permits and
          Wetland/Stream/FWHCA
          Assessments
    67.   Wetland Delineation          5 years
          Verifications
    78.   Preliminary Plats, Binding   5 years to record
          Site Plans, Short Plats,     with Pierce County
          Boundary Line Adjustments    Auditor
    89.   Shoreline Permits            2 years to commence
                                       construction; 5 years
                                       maximum, possible
                                       one- year extension



                                                               ***




Annual Amendment Application #2009-06                                                                           Page 5 of 19

                                                        - 81 -
Staff Report – Exhibit A
                                                                                   Chapter 13.06
                                                                                    ZONING

                13.06.100       Residential Districts.
                                                                                        ***

                C. Land use requirements
                                                                                        ***

                4. District use table.
         Uses                                  R-1       R-2   R-2SRD   HMR-SRD   R-3   R-4-L   R-4    R-5    Additional Regulations
                                                                                        ***
         Boarding and lodging                   N        P       P         P      P      P      P/CU   P/CU   For R-2, R-2SRD, and HMR-SRD boarding and lodging permitted for
                                                                                                              not more than two persons only, provided such use shall not be in
                                                                                                              connection with a foster home for children or foster home for adults
                                                                                                              which may otherwise be authorized.
                                                                                                              For R-3 and R-4-L, boarding and lodging is permitted for not more
                                                                                                              than four persons, provided such use shall not be in connection with a
                                                                                                              foster home for children, a foster home for adults, or lodging which
                                                                                                              may otherwise be authorized.
                                                                                                              For R-4 and R-5, boarding and lodging is permitted for not more than




- 82 -
                                                                                                              four persons. Lodging houses may be allowed subject to the approval
                                                                                                              of a conditional use permit.
         Brewpubs/taverns                       N        N       N        N       N      N         N    N
         Building materials and services        N        N       N        N       N      N         N    N
                                                                                        ***




          Annual Amendment Application #2009-06                                                                     Page 6 of 19
          Staff Report – Exhibit A
             D. Lot size and building envelope standards.

                                                       R-1           R-2         R-2SRD        HMR-SRD            R-3                R-4-L                  R-4                      R-5
               Minimum Lot Area (in square feet, unless otherwise noted)
                                                                                                      ***
                                Pre-existing lots   A lot which was a single unified parcel of land as indicated by the records of the Pierce County Auditor as of May 18, 1953 or a lot
                                                    which was configured legally to conform to the applicable requirements but which became nonconforming as a result of subsequent
                                                    changes to this chapter or other official action by the City, and which has been maintained in that configuration since, having an average
                                                    width, frontage, or area that is smaller than the applicable minimum requirements may be occupied by a onesingle-family dwelling;
                                                    provided all other applicable requirements are complied with, including required yards and design standards (see Section 13.06.145).
               Exceptions to Minimum Lot Area       Reductions to minimum lot area requirements may be allowed pursuant to Section 13.06.145.
                                 Requirements
               Lot Measurements (in feet)
                  Minimum Average Lot Width             50            50            50              50             50                  50                    50                      50
                                                                                                                            16 for townhouse dwellings
                         Minimum Lot Frontage           25            25            25              25             25                  50                    50                      50
                                                    The minimum lot frontage requirement does not apply to townhouse dwellings
                    Exceptions to Minimum Lot       Reductions to minimum lot width may be allowed pursuant to Section 13.06.145.
                                       Width




- 83 -
                                                                                                     ***
               Setbacks (in feet)                   These residential setback requirements are designed to provide yard areas that help to minimize impacts between neighboring uses,
                                                    allow space for recreational activities, allow access to light and air, serve as filtration areas for storm water run-off, provide a level of
                                                    privacy and comfort, provide emergency and utility access around and into buildings, provide public view corridors, create a pleasing,
                                                    rhythmic streestascape, promote consistency with existing development patterns, and promote the desired character of residential
                                                    neighborhoods.
                        Minimum Front Setback           25            20            20              20             20                  20                    15                      10
                                                    For townhouse dwellings, the minimum front yard setback shall apply only along the street frontage of the development, and not to yards
                                                    internal to the development. For additional townhouse development requirements, see Section 13.06.100.G.
                                                    Garage doors that face the front property line, where such property line abuts a public street or private road, shall be setback a minimum
                                                    of 20 feet from the front property line or private road easement.

                                                                                                     ***
                                                    For townhouse dwellings, the minimum side yard setback shall apply only along the perimeter of the development, and not to yards
                                                    internal to the development. For additional townhouse development requirements, see Section 13.06.100.G.
                                                                                                     ***


         Annual Amendment Application #2009-06                                                                                              Page 7 of 19
         Staff Report – Exhibit A
                                                 R-1          R-2        R-2SRD        HMR-SRD            R-3               R-4-L                  R-4                    R-5
                                             For townhouse dwellings, the minimum rear yard setback shall apply only along the rear property line of the development, and not to
                                             yards internal to the development. For additional townhouse development requirements, see Section 13.06.100.G.

                                                                                             ***
                        Minimum Yard Space   All lots shall provide a contiguous rear or side useable yard space equivalent to at least 10% of the lot size. This usable yard space shall
                                             meet all of the following standards:
                                             •    Have no dimension less than 15-feet, except for lots that are less than 3500 SF, where the minimum dimension shall be no less than
                                                  12 feet
                                             •    Not include alley or driveway spaces
                                             •    Not be located in the front yard
                                             •    Not have livable floor area extending more than 24-inches over the yard
                                             For townhouse developments, this yard space requirement can be calculated based on the overall project site and the yard space(s)
                                             provided to meet the requirement can be any combination of individual and shared yard spaces, as long as each meets the above
                                             standards.

                                                                                             ***




- 84 -
         Annual Amendment Application #2009-06                                                                                   Page 8 of 19
         Staff Report – Exhibit A
    F. Accessory use and building standards. Accessory uses and buildings permitted per 13.06.100.C.4, such as
    garages, sheds, common utility and laundry facilities, business offices and recreational facilities for mobile home
    parks and multi-family uses, are subject to the following location and development standards:
    1. The total square footage of accessory buildings shall be no more than 75% of the square footage of the main
    building and no more than 15% of the square footage of the lot. In addition, the total square footage of structures
    accessory to a single-family dwelling shall not exceed 1,000 square feet, except where properties contain a detached
    accessory dwelling unit, when the total square footage of accessory buildings (including the detached ADU) shall be
    no more than 1,500 square feet. See Section 13.06.150 for standards on Accessory Dwelling Units.
    2. A stable shall be located not less than 25 feet from any street right-of-way line nor less than seven and one-half
    feet from any side lot line. The capacity of a private stable shall not exceed one horse for each 20,000 square feet of
    lot area.
    3. Except for an approved Accessory Dwelling Unit (ADU), an accessory building shall contain no habitable space.
    Plumbing shall not be permitted in an accessory building without a finding by the Building Official that such
    plumbing is not to be utilized in conjunction with habitable space within an accessory building or will not permit the
    accessory building to be utilized as habitable space.
    4. Detached accessory buildings shall be located on the same lot or parcel on which the main building is situated.
    5. Detached accessory buildings shall be located behind the front wall line of the main building on a lot, and shall
    not be located in the required side yard area of the main building.
    a. If a lot has two frontages and there is an established pattern of “functional front and rear yards,” detached
    accessory buildings shall be allowed in the “functional rear yard.” A “functional rear/front yard” shall be defined by
    the established pattern of the block, based on the orientation of existing dwellings and location of existing detached
    buildings. If the is no defined pattern, a locational variance shall be required. The required front setback for such an
    accessory building shall be either the standard front yard setback for the zoning classification or the average of the
    accessory and/or main building setbacks provided on the adjacent lots, whichever is smaller. However, if such
    accessory building includes vehicular doors facing and accessing the adjacent street, the building or portion of the
    building with such doors shall be setback at least 20 feet.
    6. A detached accessory building may remain on a lot: (1) in the event the main structure on a lot is damaged or for
    other reason, is required to be removed; or (2) if the property is subdivided in such a manner that the detached
    accessory building would be located on a separate building site. In either case, a building permit for construction of
    a main structure shall be required to be obtained within one year of removal or division of property and substantial
    construction completed in accordance with the plans for which the permit was authorized.
    7. For garages that include vehicular doors facing and accessing an adjacent public or private road, the building or
    portion of the building with such doors shall be setback at least 20 feet from the property line or private road
    easement.
    8. Commercial shipping and/or storage containers in excess of 120 square feet in area shall not be a permitted type
    of accessory building in any residential zoning district.
    9. Parking quantity requirements and additional development standards are provided in Section 13.06.510, including
    subsection 13.06.510.A.6.
                                                             ***
    13.06.150    Accessory dwelling units.
                                                             ***
    C. Requirements. The creation of an ADU shall be subject to the following requirements, which shall not be
    subject to variance.
    1. Number. One ADU shall be allowed per residential lot as a subordinate use in conjunction with any new or
    existing single-family detached dwelling in the City of Tacoma. The lot must meet the standard minimum lot size
    requirement for a single-family detached dwelling in the applicable zoning district.
                                                             ***




                                                   - 85 -
Annual Amendment Application #2009-06                                                                                Page 9 of 19
Staff Report – Exhibit A
             13.06.200     Commercial Districts.
                                                                                        ***
             C. Land use requirements.
                                                                                        ***
             3. Use table abbreviations.
              P = Permitted use in this district.
              CU = Conditional use in this district. Requires conditional use permit, consistent with the criteria and procedures of Section 13.06.640.
              TU = Temporary Uses allowed in this district subject to specified provisions and consistent with the criteria and procedures of Section 13.06.635.Temporary use
              permit is required, consistent with Section 13.06.635.
              N = Prohibited use in this district.
             4. District use table.

              Uses                                 T         C-1        C-2       HM       PDB     Additional Regulations

                                                                                           ***
              Brewpubs/taverns                      N         N          P          N       N      2,400 barrel annual brewpub production maximum, equivalent volume winery limit.
              Business support services            N          P          P         N        P
              Carnivals                            TU        TU         TU         TU      TU      Subject to Section 13.06.635.




- 86 -
              Cemetery/internment services         N         N          N          N        N      New facilities are not permitted. Enlargement of facilities in existence prior to the
                                                                                                   effective date of this provision (May 27, 1975) may be approved in any zoning
                                                                                                   district subject to a conditional use permit. See Section 13.06.640.Enlargement of
                                                                                                   cemeteries in existence at the time of adoption of this chapter may be approved in
                                                                                                   any zoning district, subject to a conditional use permit.
              Commercial parking facility          P          P          P         P         P
              Commercial recreation and            N          N          P         N         N
              entertainment
                                                                                           ***
              Heliport                             N         N           N         CU       N
              Home occupation                      P          P          P          P       P      Subject to additional requirements contained in Section 13.06.100.E
              Hospital                             N         CU         CU          P       N
                                                                                           ***
              Office                               P          P          P          P       P
              Parking areas                        P          P          P          P       P      All parking areas shall comply with Sections 13.06.502 and 13.06.510.
                                                                                           ***




         Annual Amendment Application #2009-06                                                                           Page 10 of 19
         Staff Report – Exhibit A
    13.06.400       Industrial Districts.
                                                           ***
    C. Land use requirements.
                                                           ***

    4. District use table.
        TYPE OF INDUSTRIAL             M-1     M-2     PMI       ADDITIONAL REGULATIONS
        DISTRICT
                                                           ***
        Assembly facility              P       P       N
        Brewpubs/taverns               P       P       P
        Building material and          P       P       P
        services
        Business support services      P       P       P
        Carnival                       P/TU*   N       N         *Temporary use only within the South Tacoma
                                                                 M/IC Overlay District
        Cemetery/internment            N       N       N         New facilities are not permitted. Enlargement of
        services                                                 facilities in existence prior to the effective date of
                                                                 this provision (May 27, 1975) may be approved in
                                                                 any zoning district subject to a conditional use
                                                                 permit. See Section 13.06.640.
        Construction/demolition/       CU      CU      P
        land-clearing (CDL)
        recycling
        Commercial parking             P       P       P
        facility
        Commercial recreation and      P/CU*   P/CU*   N         *Conditional use within the South Tacoma M/IC
        entertainment                                            Overlay District
                                                           ***
        Heliport                       CU      CU      CU
        Home occupation                P       P       P         Subject to additional requirements contained in
                                                                 Section 13.06.100.E
        Hospitals                      P/CU*   P/N~    N         *Conditional use within the South Tacoma M/IC
                                                                 Overlay District.
                                                                 ~Not permitted within the South Tacoma M/IC
                                                                 Overlay District.
                                                           ***
        Office                         P*      P*      P         *Within the South Tacoma M/IC Overlay District,
                                                                 unless an accessory use, limited to 10,000 square
                                                                 feet of gross floor area per development site in the
                                                                 M-2 district and 15,000 square feet in the M-1
                                                                 district.
        Park and recreation            P       P       P
        Parking area                   P       P       P
        Passenger terminal             P       P       P
        Personal services              P       P       P
                                                           ***




                                                    - 87 -
Annual Amendment Application #2009-06                                                                                Page 11 of 19
Staff Report – Exhibit A
             13.06.501       Building design standards.
                                                                                                     ***
              B. Mass Reduction. The design choices of this item are intended to help reduce the apparent mass of structures and achieve a more human scale environment by providing
              physical breaks in the building volume that reduce large, flat, geometrical planes on any given building elevation.
              1. Size to          a. Buildings under 7,000 square feet gross floor area are not required to provide mass reduction.
                 choice ratio     b. Buildings from 7,000 square feet gross floor area to 30,000 square feet gross floor area shall provide at least one mass reduction feature.
                 for 2 below
                                  c. Buildings over 30,000 square feet gross floor area shall provide at least two mass reduction features.
              2. Mass             a. Upper story. Buildings with a maximum footprint of 7,000 square feet gross floor area, that do not exceed 14,000 square feet gross floor area, may
                 reduction           count use of a second story as a mass reduction feature.
                 choices          b. Upper story setback. An 8 feet minimum setback for stories above the second story for elevations facing the street or parking lots over 20 stalls. This
                                     requirement applies to a maximum of 2 elevations.
                                  c. Wall modulation. Maximum 100 feet of wall without modulation, then a minimum 2 feet deep and 15 feet wide offset of the wall and foundation line
                                     on each elevation facing the street, parking lots over 20 stalls, or residential uses.
                                  d. Public plaza. A public plaza of at least 800 square feet of gross floor area or 5 percent of gross floor area, whichever is greater. The plaza shall be
                                     located within 50 feet of and visible to the primary public entrance; and contain a minimum of a bench or other seating, tree, planter, fountain, kiosk,
                                     bike rack, or art work for each 200 square feet of gross floor area. Plaza contents may count toward other requirements when meeting the required
                                     criteria. Walkways do not count as plazas. Plazas shall not be used for storage. Required parking stalls may be omitted to the minimum necessary if
                                     needed to provide the plaza.
                                  e. Housing. The provision of upper story residential dwelling units at a site density consistent with the applicable land use intensity designation of the
                                     comprehensive plan.




- 88 -
                                                                                                                      -------- 15 feet




         Annual Amendment Application #2009-06                                                                                           Page 12 of 19
         Staff Report – Exhibit A
    13.06.510 Off-street parking and storage areas.
    A. Purpose. To ensure the safe and adequate flow of traffic in public right-of-way, it is deemed in the interest of the
    public health, safety, and general welfare that off-street parking areas be required as a necessary part of the
    development and use of land, and to ensure that required parking areas are designed to perform in a safe and
    efficient manner.
                                                            ***
    1. Off-street parking spaces - quantity. The quantity of off-street parking shall be provided in accordance with the
    standards of the tables below.
                                                            ***

         TABLE 1 – Required Off-Street Parking Spaces 9, 14
                              Use                                      Unit                 Required parking spaces
                                                             ***


         TABLE 1 Footnotes
                                                            ***
          8. The required stalls may include waiting and finishing or drying space.
          9. The number and size of required handicapped accessible parking spaces shall be consistent with the
             Uniform applicable Building Code.
         10. In commercial districts combined with a View-Sensitive Overlay District and adjacent to a shoreline
             district (i.e., Old Town), 0 stalls are required for the first 3,000 square feet of retail space.
                                                            ***

                                                            ***
    B. Off-street parking area development standards.
                                                            ***
    2. Minimum standards. A parking area for five or more motorized vehicles, trailers, or a combination thereof, shall
    be developed in accordance with the following requirements:
                                                            ***
    f. Parking space standards.
    (1) Standard parking spaces shall have a minimum width of eight and one-half feet, a minimum length of 16.5 feet.
    The minimum clearance above the parking space shall be consistent with the Uniform applicable Building Code.
    (2) Compact parking spaces shall have a minimum width of seven and one-half feet and a minimum length of
    15 feet. The minimum clearance above the parking space shall be consistent with the Uniform applicable Building
    Code. A maximum 30 percent of the total parking spaces provided may be composed of compact stalls. The
    parking area shall be arranged such that a row of compact stalls has an exclusive aisleway or shares an aisleway with
    full size stalls. In no case shall two rows of compact stalls share the same aisleway. Aisleway widths shall conform
    to the requirements of full size parking. All compact stalls shall be clearly marked “COMPACT.”
                                                            ***




Annual Amendment Application #2009-06                                                                             Page 13 of 19
Staff Report – Exhibit A

                                                        - 89 -
    13.06.521 General sign regulations.
    H. Marquee signs. Special regulations governing marquees are as follows:
    1. Signs may be placed on, attached to, or constructed in a marquee. Such signs shall, for the purpose of
    determining projection, clearance, height, and material, be considered a part of and shall meet the requirements for a
    marquee as specified in the Uniform applicable Building Code.
    I. Under-marquee signs. Special regulations governing under-marquee signs are as follows:
    1. Signs may be located under a marquee if a vertical clearance of eight feet is maintained between the sign and the
    grade below.
    2. Under-marquee signs shall be limited to a maximum vertical height of 12 inches and a maximum sign area of
    seven square feet.
                                                             ***

    13.06.602 General restrictions.
    A. This section contains general provisions for use, height, area and yards. The following provisions apply to all
    zoning districts, except as hereinafter provided, and except where modified by the provisions of Chapter 13.06A
    relating to Downtown Districts, Chapter 13.10 relating to Shoreline Management, and other sections of the TMC:
                                                             ***
    3. Area and yards. Any building or structure hereafter built, enlarged, or moved on a lot shall conform to the area
    regulations of the district in which such building or structure is located.
                                                             ***
    m. Projections into yards. Every part of a required yard shall be open, from the ground to the sky, and
    unobstructed, except for the following:
    (1) Accessory building in the rear yard.
    (2) Ordinary building projections such as cornices, eaves, belt courses, sills, or similar architectural features, may
    project into any yard not more than 24 inches.
    (3) Chimneys may project into any yard not more than 24 inches.
    (4) Uncovered balconies or fire escapes may project into a front or rear yard four feet.
    (5) Uncovered terraces or platform which do not extend above the level of the first floor of the building may project
    or extend into a front or rear yard not more than eight feet or into a court not more than six feet.
    (6) An uncovered landing which does not extend above the level of the first floor of the building may project or
    extend into a required side yard not more than three feet.
    (7) Mechanical equipment may encroach 8-feet into the required rear yard and may encroach 8-feet into the
    functional rear yard on double-frontage lots (see Section 13.06.100.F.5 regarding “functional rear/front yards”).
    Mechanical equipment may not be located within a side yard setback. The location of mechanical equipment shall
    not be used in the calculation of average yard setback
    (8) Covered porches which are open on three sides and do not extend above the level of the first floor may project 8-
    feet into the front yard setback.
    (9) Bay windows, garden windows and fireboxes may extend up to 24-inches into side yard setbacks to within 3-feet
    of the property line, as long as the total of such features doesbut shall not exceed 25% of the side wall area.
    (10) Uncovered, ground level decks (deck surface no more than 30-inches in height from surrounding grade) may
    extend into side yard setbacks to within 3-feet of the property line.
                                                             ***
    B. Annexed land. All territory, which may hereafter be annexed to the City of Tacoma and for which no zoning
    classification has been previously established, shall automatically become an R-1 Single-Family Dwelling District
    until the Planning Commission shall make a thorough study of the new City area and report its recommendation to


Annual Amendment Application #2009-06                                                                               Page 14 of 19
Staff Report – Exhibit A

                                                        - 90 -
    the City Council regarding the appropriate changes to the comprehensive plan of the City, to incorporate the newly
    annexed area into said program and the final zoning classification(s) for the annexed area. Any classification
    established by Pierce County, and in effect at the time of annexation, shall be continued in effect on an interim basis
    until final zoning classification(s) shall be established as herein provided.
                                                              ***

    13.06.700 Definitions and illustrations.
    For the purposes of this chapter, certain words and terms are defined as follows: words used in the present tense
    include the future, words in the singular number include the plural, and words in the plural number include the
    singular; the word “building” includes the word “structure”; the word “shall” is mandatory and not directory. For
    words that are not defined in this chapter, or that do not incorporate a definition by reference, refer to a Webster’s
    Dictionary published within the last ten years.
                                                             ***
    13.06.700.B
    Banks, savings and loan, financial. Financial institutions that provide retail banking services to individuals and
    businesses. This classification includes only those institutions engaged in the on-site circulation of money,
    including businesses offering check-cashing facilities.
    Basement. A story partly underground. A basement shall be counted as a story in building height measurement
    where more than one-half of its height is above the average level of the adjoining ground.
    Bicycle parking. Stationary rack that accommodates a lock securing the frame and wheels, or a lockable enclosure
    with the quantity accommodated determined by manufacturer’s specifications.
    Brewpub, including beer and wine. An eating and drinking establishment having a microbrewery on the premises
    which produces beer, ale, or other malt beverage, or wine, and where the majority of the beer/wine produced is
    consumed on the premises. This classification allows a brewpub to sell beer/wine at retail and/or act as wholesaler
    for beer of its own production for off-site consumption, with appropriate state licenses.
                                                             ***
    13.06.700.C
                                                             ***
    Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for
    on-site pickup or consumption.
    Cell site or site. A tract or parcel or land that contains wireless communication facilities including any antenna,
    support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to
    wireless communication facilities.
    Cellar. A story having more than one-half of its height below the average level of the adjoining ground. A cellar
    shall not be counted as a story for the purposes of building height measurement.
    Cemetery and internment services. Property used for the interring of the dead. This property may include support
    facilities, such as funeral homes and/or chapels.
    Clean construction/demolition/land-clearing (CDL) wastes. CDL wastes are solid wastes produced from
    construction, remodeling, demolition, or land-clearing operations that have been source separated so that the
    material is principally composed of asphalt, concrete, brick, or other forms of masonry; non-chemically treated
    wood (i.e., creosote, paint, preservatives); land-clearing wastes; or other materials approved by the Tacoma-Pierce
    County Health Department. Yard wastes (i.e., leaves, grass, prunings, and sod), plaster (sheet rock or plasterboard),
    or any materials other than wood that are likely to produce gases or a leachate during the decomposition process and
    asbestos wastes are specifically excluded from this definition of clean CDL wastes, unless otherwise approved by
    the Tacoma-Pierce County Health Department.
    Collocation. The use of a wireless communication facility or cell site by more than one wireless communication
    provider.




Annual Amendment Application #2009-06                                                                                Page 15 of 19
Staff Report – Exhibit A

                                                        - 91 -
    Commercial parking facility. Lots offering parking to the public, which are not designed for or directly associated
    with another use. This is distinguished from parking that is provided as part of and accessory to another use, which
    shall be considered part of the use it serves. This classification includes commuter parking facilities (park & rides),
    pay parking lots, general public parking lots, and similar facilities.
    Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment. This
    classification includes uses such as sports stadiums and arenas, amusement parks, bingo parlors, bowling alleys,
    billiard parlors, poolrooms, dance halls, ice/roller skating rinks, miniature golf courses, golf driving ranges, archery
    ranges, scale-model courses, shooting galleries, tennis/racquetball courts, croquet courts, swim clubs, health/fitness
    clubs, and pinball arcades or electronic gaming centers having more than five coin-operated game machines. This
    use does not include theaters or golf courses.
    Communications facilities. Broadcasting, recording, and other communication services accomplished through
    electronic or telephonic mechanisms, but excluding major utilities. This classification includes radio, television, or
    recording studios; telephone switching centers; and telegraph offices. This classification does not include wireless
    communication facilities.
    Commuter parking area. A public parking area designed for drivers to leave their cars and use mass transit facilities
    and/or carpools.
    Comprehensive Plan. The official statement of the Tacoma City Council which sets forth its major policies
    concerning desirable future physical development.
                                                              ***
    13.06.700.E
    Eating and drinking. Establishments serving primarily prepared food or beverages for consumption on or off
    premises. This classification includes restaurants, sandwich shops, coffee shops, bars, cocktail lounges, and taverns,
    but does not include or brewpubs, catering services, or industrial-scale food production facilities.
    Eave. That part of a roof which projects over the side wall.
    Emergency and transitional housing. Establishments offering daily meal service and housing to persons who are in
    need of shelter. This classification does not include confidential shelters, or facilities licensed for residential care by
    the state of Washington.
    Emergency medical care. Facilities providing emergency medical service on a 24-hour basis with no provision for
    continuing care on an inpatient basis.
                                                              ***
    13.06.700.S
    School, public or private. Public facilities for primary or secondary education, including elementary , grade, middle,
    junior, and high schools and private institutions having a curriculum comparable to that required in the public
    schools of the State of Washington.
    Screening. A continuous fence, wall, or evergreen hedge supplemented with landscape planting of grass, shrubs, or
    evergreen ground cover, or a combination thereof, that effectively screens visually the property which it encloses,
    and which is at least four feet high and is broken only for accessways.
    Seasonal sales. Temporary sales, usually outdoors and independent of another use, of merchandise for the
    celebration of certain seasons. These include items such as Christmas trees and pumpkins.
                                                              ***




Annual Amendment Application #2009-06                                                                                  Page 16 of 19
Staff Report – Exhibit A

                                                         - 92 -
                                               Chapter 13.11
                                      CRITICAL AREAS PRESERVATION


                                                                ***
    13.11.170 Critical Area Designation and SEPA.
    A. Pursuant to WAC 197-11-908 and Section 13.12.908 of the TMC, aquifer recharge areas, fish and wildlife
    habitat conservation areas (FWHCAs), flood hazard areas, geologically hazard areas, wetlands, and streams are
    hereby designated as critical areas. These areas are mapped on Tacoma’s Generalized Critical Areas Maps available
    in the Tacoma Economic Development Department or as defined by this chapter. The following SEPA categorical
    exemptions shall not apply within these areas, unless the changes or alterations are confined to the interior of an
    existing structure: Section 13.12.801 of the TMC and the following subsections of WAC 197-11-800(1)(b); (2)(d)
    excluding landscaping, (e), (f), and (g); (3); 24(a), (b), (c), and (d); and (25)(h).
                                                           ***




Annual Amendment Application #2009-06                                                                          Page 17 of 19
Staff Report – Exhibit A

                                                      - 93 -
                                                   Chapter 13.12
                                              ENVIRONMENTAL CODE


                                                           ***
    13.12.045 Additional definitions.
    In addition to those definitions contained within WAC 197-11-700, the following terms shall have the following
    meanings, unless the context indicates otherwise:
                                                              ***
    (4) “Early Notice” means the responsible official’s response to an applicant stating whether he/she considers
    issuance of a determination of significance likely for the applicant’s proposal (mitigated DNS procedures,
    Section 13.12.350 of this chapter).
    (5) “Responsible Official” for City Government means the Department Director for projects initiated or processed
    by that department, and for the Department of Public Utilities means the Superintendent or Division Head of the
    respective division for projects initiated or processed by that division. Responsible official duties may be delegated
    to appropriate staff persons, but the respective Director or Superintendent shall approve and is responsible for the
    determination of Environmental Significance and the adequacy of an Environmental Impact Statement. See
    additional information in Section 13.12.910.
    (6) “SEPA Public Information Center” means the section within the Public Works Department that performs the
    functions and duties as described in Section 13.12.905 of this chapter.

                                                             ***




Annual Amendment Application #2009-06                                                                              Page 18 of 19
Staff Report – Exhibit A

                                                       - 94 -
                                             Chapter 13.16
                                   CONCURRENCY MANAGEMENT SYSTEM


                                                           ***
    13.16.020 Definitions.
    “Adequate” means at or above the level of service standards specified in the current adopted Capital Facilities
    Program.
    “Applicant” means a person or entity who has applied for a development permit.
    “Available capacity” means capacity for a concurrency facility that currently exists for use without requiring facility
    construction, expansion or modification.
    “Certificate of capacity” means a document issued by the Building and Land Use Services Division, Public Works
    Department indicating the quantity of capacity for each concurrency facility that has been reserved for a specific
    development project on a specific property. The document may have conditions and an expiration date associated
    with it.
    “Concurrency facilities” means facilities for which concurrency is required in accordance with the provisions of this
    chapter. They are roads, transit, potable water, electric utilities, sanitary sewer, solid waste, storm water
    management, law enforcement, fire, emergency medical service, schools, parks and libraries.
    “Concurrency test” means the comparison of an applicant’s impact on concurrency facilities to the capacity,
    including available and planned capacity, of the concurrency facilities.
    “Development permit” means a land use or building permit. Development permits are classified as exempt, final or
    preliminary. Exempt permits are set out in Section 13.16.050.B.
    “Development permit, final” means building permit.
    “Development permit, preliminary” means short plat, preliminary plat, reclassification, shoreline substantial
    development permit, shoreline substantial development/conditional use permit, site plan approval, conditional use
    permit, special development permit, wetland or stream development permit.
    “Facility and service provider” means the department, district or agency responsible for providing the specific
    concurrency facility.
                                                             ***




Annual Amendment Application #2009-06                                                                              Page 19 of 19
Staff Report – Exhibit A

                                                        - 95 -
- 96 -
                                                              Exhibit B
                                                   R2 Rezone (Application #2009-06)




                                                                                                                                           S L ST
                                                                 R2-STGPD




                                                                                                               T
                                                                                                      S 27T H S




                                                                        R4L-
                                                                       STGPD




                                                        Change from R2-STGPD
                                                            To R4L-STGPD


                                                                                                                     S 28TH ST




                                                                                  M1-STGPD-ST-M/IC
                                                                         S M ST




                                                                 CENTER ST
          M2-
      STGPD-ST-M/IC


                                                            16



                                                                 16                                              0           50           100
                                                                                  5
             Existing Zoning
                                                                                                                             Feet

             Parcels                                                                                           Map is for reference only.


\\geobase-win\ced\GADS\R2009\R080\App2009-06.mxd
                                                                 - 97 -
                                                                  City of Tacoma | Community & Economic Development Department | GIS Analysis & Data Services | 2/25/09
                                                               Exhibit C
                                                           MIC/MUC Conflict
                                                                               M1-
                                                                             STGPD-                            C2-STGPD                              M1-STGPD
                                                                             ST-M/IC
                                                                                                                      S 47TH ST

                                                                                                              Area to be removed from
                                                                                                                 56th & STW MUC
                                                                                                                                                                      RCX-
                                                                                                                                                       CIX-
                                                                                                                                                                     STGPD
                                                                                                                                                      STGPD


                                                           S ADAMS ST



                                                                                                  S 48TH ST




                                                                                                                                  SOUTH TACOMA WAY
                                    M2-
                                                                                        S WASHINGTON ST

                                 STGPD-ST-
                                   M/IC




                                                                                    CIX-                                                                    R3-
                                                                                   STGPD                                                                    STGPD
         S BURLINGTON WAY




                                                                               S 50TH ST
                                                                                                                                                              C2-
                                                                                                                                                             STGPD
                                                                                                                      NCX-STGPD

                                                                                                                                                             R4-
                                                                                                                                                            STGPD


                       Existing Zoning                                  16


                       Existing MUC Boundary
                                                                              16                                              0                      100    200
                                                                                                          5
                       Manufacturing / Industrial Center                                                                                             Feet

                                                                                                                            Map is for reference only.
                       Parcels
\\geobase-win\ced\GADS\R2009\R080\MIC_MUC.mxd
                                                                             - 98 -
                                                                               City of Tacoma | Community & Economic Development Department | GIS Analysis & Data Services | 2/24/09
Determination of Environmental Nonsignificance
                  and Environmental Checklist




                 - 99 -
- 100 -
                           Preliminary Determination of
                          Environmental Nonsignificance
                                      City of Tacoma
                      Comprehensive Plan and Land Use Regulatory Code
                              Proposed Amendments for 2009

                            SEPA File Number: SEP2009-40000127441


TO:             All Departments and Agencies with Jurisdiction

SUBJECT:        Preliminary Determination of Environmental Nonsignificance

                In accordance with WAC 197-11-340, a copy of the Preliminary Determination of
                Environmental Nonsignificance for the project described below is transmitted:

Applicant:      City of Tacoma
                Community and Economic Development Department
                747 Market Street, Room 1036
                Tacoma, WA 98402
                (253) 591-5682 (Phone)
                (253) 591-2002 (Fax)

Proposal:

The proposed 2009 Annual Amendment would: amend six elements of the Comprehensive Plan
(i.e., Growth Strategy and Development Concept, Generalized Land Use, Capital Facilities,
Transportation, Environmental Policy, and Neighborhood); revise seven chapters in Title 13 of
the Tacoma Municipal Code (i.e., 13.02 Planning Commission, 13.04 Platting and Subdivisions,
13.05 Land Use Permit Procedures, 13.06 Zoning, 13.11 Critical Areas Preservation, 13.12
Environmental Code, and 13.16 Concurrency Management); correct the boundaries of the 56th &
South Tacoma Way Mixed-Use Center; and, rezone a block in the North Slope Historic Special
Review District to correct a mapping error and rezone properties in the vicinity of South 27th and
M Street consistent with the current use.

The proposed amendments were generated from six applications, as summarized below:

(1) Application #2009-01: Annual Amendment Procedures

    Submitted by the Community and Economic Development Department, the proposed
    amendment would revise the Tacoma Municipal Code, Chapter 13.02, pertaining to the
    Planning Commission by: changing the annual amendment cycle from a calendar year to a
    work-program year that begins on July 1 each year and ends on June 30 the next year;
    changing the deadline for submitting applications to amend the Comprehensive Plan from

Determination of Environmental Nonsignificance                                          Page 1 of 7
2009 Annual Amendment

                                             - 101 -
    December 31 to June 30 for consideration in the following 12 month period; modifying code
    language for consistency with the State Growth Management Act; adding explicit
    mechanisms for determining that an amendment application is complete and for expanding or
    contracting the original application; and, improving public notice procedures by such means
    as providing earlier notice to the surrounding neighborhood of proposed site-specific changes
    and clarifying responsibilities and requirements of applicants for application submittals and
    public notice.

(2) Application #2009-02: Critical Areas Preservation Ordinance

    Submitted by the Port of Tacoma, the proposed amendment would revise the Tacoma
    Municipal Code, Chapter 13.11, pertaining to Critical Areas Preservation within the
    shoreline jurisdiction of the Hylebos, Blair, and Sitcum waterways, in order to allow for
    normal maintenance and repair of existing shoreline modifications (shoreline protection,
    maintenance dredging, piers, docks, and other existing shoreline structures or developments)
    and for demolition of structures with a letter of exemption rather than a critical areas permit.
    These activities are exempt under the Shoreline Management Act.

(3) Application #2009-03: Stormwater Management Policy Changes

    Submitted by the Public Works Department’s Environmental Services Division, this
    application seeks to amend the Capital Facilities, Environmental Policy, and Neighborhood
    Elements of the Comprehensive Plan, in order to improve the accuracy, clarity, and
    consistency of the existing policies and level of service standards pertaining to stormwater
    management. Specifically, the following amendments are proposed:
    •   Revise the Stormwater Management level of service standards as contained in the Capital
        Facilities Element by: (a) changing the drains that are required to meet a 10-year, 24-hour
        design storm from “drains < 24-inch diameter” to “private facilities less than 24 inches in
        diameter”; and (b) changing the drains that are required to meet a 25-year, 24-hour
        design storm from “drains > 24-inch diameter” to “all public facilities and private
        facilities greater than or equal to 24 inches in diameter”.
    •   Amend Policy E-WQ-1 Water Pollution in the Environmental Policy Element by
        changing the policy title to Water Quality and replacing a reference to future water
        pollution standards with a reference to the City’s National Pollution Discharge
        Elimination System (NPDES) Phase I Municipal Stormwater Permit requirements.
    •   Amend Policy E-SWR-1 On-Site Detention Facilities in the Environmental Policy
        Element by changing the policy title to On-Site Retention Facilities and revising the text
        to better express the intent, use terms more accurately, and better accord with the
        Environmental Services’ policies regarding on-site retention.
    •   Amend Policy E-SWR-2 Natural Watercourses in the Environmental Policy Element in
        order to strengthen the Policy’s intent of providing protection for natural watercourses, to
        be more consistent with existing City processes, and to make the policy more complete
        by inserting additional issues that should be considered (including mitigation, permitting,
        and accommodating existing drainage).

Determination of Environmental Nonsignificance                                             Page 2 of 7
2009 Annual Amendment

                                             - 102 -
    •        Amend Policy C-4.6 Low Impact Development in the Central Neighborhood section of
             the Neighborhood Element by revising the description of low impact development
             stormwater techniques and making the list of applicable techniques more complete.

(4) Application #2009-04: Transportation Element

    Submitted by the Public Works Department’s Engineering Division, the proposed
    amendment would amend the Transportation Element by: (a) adding ten projects (as shown
    in the table below) to the “Transportation Improvement Projects List – Unfunded”, under the
    category of “Transportation Projects from Neighborhood Action Strategies”, for the purpose
    of retaining eligibility for future funding; and, (b) adding Project No. 5 to Transportation
    Figure 2 – Nonmotorized Network Map as one of the “Planned Connections.” The proposed
    additions were submitted to the City by the Eastside Neighborhood Advisory Council of
    Tacoma (ENACT).

        No.                    Programs/Projects                       Improvement Type
                                                  th
        1       E. M Street (Harrison – E. 34 )                 Asphalt Paving
                     th
        2       E. 34 Street (E. M – McKinley)                  Curb and Gutter, Sidewalks,
                                                                Streetlights, Storm Drainage
        3       Division Lane (600 block – 400 block)           Install a landscape median
                                                                allowing for angle parking
        4       E. N Street (Morton – E. 35th)                  Curb and Gutter, Sidewalks,
                                                                Streetlights, Storm Drainage
        5       E. N Street (E. 35th – E. 29th)                 Construct pedestrian trail
        6       E. 34th Street steps (west of Portland)         Improve pedestrian trail
        7       Fairbanks Street (E. L – E. Grandview)          Roadway Rehabilitation
        8       E. R Street (1-5 – E. 35th)                     Roadway Rehabilitation
        9       E. T Street (E. 32nd – E. 38th)                 Roadway Rehabilitation
        10      E. Grandview Avenue (E. 32nd – E. Sherman)      Roadway Rehabilitation

(5) Application #2009-05: HMR-SRD Zoning District Boundary Correction

    Submitted by the Community and Economic Development Department, the proposed
    amendment would rezone a portion of one block that is located within the North Slope
    Historic Special Review District from R-4/HIST (Multi-family Dwelling District with a
    Historic Overlay) to HMR-SRD/HIST (Historic Mixed-Residential Special Review District
    with a Historic Overlay), consistent with the remainder of the historic special review district.
    Blocks 3322 and 3323 are bounded by North K Street to the north, North 4th Street to the
    west, North L Street to the south, and Division Avenue to the east. The proposed rezone
    includes all of Blocks 3322 and 3323 except for the very southeastern portion of each, which
    is located within the Stadium Mixed-Use Center, is zoned NCX Neighborhood Commercial

Determination of Environmental Nonsignificance                                               Page 3 of 7
2009 Annual Amendment

                                                  - 103 -
    Mixed-Use, and is not located within the North Slope Historic District or the associated
    Overlay Zone. This proposal will align the boundaries of the Historic Mixed-Residential
    Special Review District zoning classification (HMR-SRD) with the boundaries of the North
    Slope Historic Special Review District overlay, as originally intended when the HMR-SRD
    zoning classification was created.

(6) Application #2009-06: Zoning Code Technical Amendments

    Submitted by the Community and Economic Development Department, the proposed
    technical amendments to the Land Use Regulatory Code involve three general categories:
    Code Text Corrections, Mixed-Use Center Boundary Corrections, and Zoning Classification
    Corrections. These amendments are intended to address inconsistencies, correct minor errors,
    and improve provisions that, through administration and application of the code, have been
    found to be unclear or to not fully meet their intended purpose. A summary of the proposed
    amendments is as follows:

    (a) Code Changes:
        Clarifications
        •   Clarify that the 50-foot minimum lot frontage requirement does not apply to
            townhouse developments.
        •   Modify the setback exception for fireboxes to clarify how it applies in the R-1 zoning
            district.
        •   Specify that home occupations are allowed in all zoning districts.
        •   Modify Section 13.06.600.C to eliminate the internal inconsistency regarding the
            “interim” zoning classifications for properties annexed into the City.
        Consistencies
        •   The two locations where the front setback provision regarding garages need to use the
            same reference line, namely that the setback is measured from the property line or the
            edge of a primary access easement.
        •   The two locations where the residential yard requirement is stated need to use the
            same standard, namely that on lots smaller than 3,500 square feet the minimum
            dimension for the required yard space is 12 feet.
        •   Eliminate “parking area” as a distinct use in the commercial and industrial use tables
            (as was done in the residential use table)
        •   Modify the use table abbreviations chart at the beginning of the commercial use table
            so that it is consistent with the other sections, where “TU” doesn’t make reference to
            a “permit.”
        •   Change the term to “single-family dwelling” in 13.06.100.D (pre-existing lots)
        •   Remove the term “tavern” from the “brewpub/tavern” use listed in the use tables.



Determination of Environmental Nonsignificance                                            Page 4 of 7
2009 Annual Amendment

                                             - 104 -
        Diagrams
        •   Fix the Wall Modulation diagram in 13.06.501.B – the code requirement is 15-foot
            width while the diagram incorrectly indicates a minimum 6-foot width
        References
        •   Eliminate the few remaining references to “special development permit” (this type of
            permit no longer exists)
        •   Clarify references to “Uniform Building Code”
        •   Add in a date for the limitation on new cemeteries in commercial and industrial
            districts
        •   Add a reference in 13.06.100.F to additional parking provisions in 13.06.510
        •   Eliminate the reference in 13.04.090.B to section 13.04.360 (no longer exists)
        •   Correct references to the Survey Recording Act to refer to RCW 58 and WAC 332
        •   Remove the reference to WAC 197-11-800(25)(h) in TMC 13.11.170 (no longer
            exists)
        Definitions
        •   Add a definition for “eating and drinking”
        •   Add a definition for “Schools, Public & Private”
        •   Eliminate the “banks, savings and loan, financial” definition (this is included in the
            “office” use definition)
        •   Eliminate the “cellar” definition (this term is not used in the code and there is a
            separate definition for “basement,” which is generally the term that is used)
        •   Add a reference to 13.12.910 into the definition for “responsible official” (in TMC
            13.12.045)

    (b) Mixed-Use Center Boundary Corrections
        •   Remove the area near S. 50th and Adams from the 56th & South Tacoma Way Mixed-
            Use Center (to address a minor inaccuracy in the legal description associated with the
            2008 Annual Amendment)

    (c) Zoning Classification Corrections
        •   Remove an approximately 10-foot wide sliver of property north of Center Street from
            a rezone legal description associated with the 2008 Annual Amendment (to address a
            minor inaccuracy in the legal description)

Copies of the complete text of the proposed revisions, including maps where applicable, and
staff analyses of each of the proposed amendments are available from the Community and
Economic Development Department at the address shown on the cover page and at all branches
of the Tacoma Public Library. The revisions may also be viewed or downloaded at
www.cityoftacoma.org/planning (Click on “2009 Annual Amendment”).

Determination of Environmental Nonsignificance                                              Page 5 of 7
2009 Annual Amendment

                                             - 105 -
- 106 -
c:
Tacoma Community and Economic Development Department, Elton Gatewood
Tacoma Community and Economic Development Department, Reuben McKnight
Tacoma Fire Department, Operations
Tacoma Police Department, Operation Commander
Tacoma Public Works Department, Director’s Office
Tacoma Public Works Department, Building and Land Use Services, Caroline Haynes-Castro
Tacoma Public Works Department, Building and Land Use Services, Cap Pearson
Tacoma Public Works Department, Building and Land Use Services, Sue Coffman
Tacoma Power, Nick Tomanelli
Tacoma Power, Click! Network
Tacoma Rail
Tacoma Water
AT&T Broadband, Outside Plant Engineer - South Region, 410 Valley Ave. NW #12, Puyallup, WA 98371-3317
Burlington Northern Santa Fe, c/o Rebecca Schwan, Staubach Global Services, 999 Third Ave., Suite 2120, Seattle,
    WA 98104
McChord Air Force Base, Lang Tran, Chief of Comprehensive Planning and Programs, Air Force Civil
    Engineering, 62 CES/CECP, 555 Barnes Blvd., McChord AFB, WA 98438-1325
City of Federal Way, Greg Fewins, Senior Planner, P.O. Box 9718, Federal Way, WA 98063-9718
City of Fife, Steve Worthington, Community Development, 5411 23rd Street E., Fife, WA 98424
City of University Place, David Swindale, 3715 Bridgeport Way W., Suite B-2, University Place, WA 98466
City of Lakewood, 6000 Main Street SW, Lakewood, WA 98499
City of Fircrest, 115 Ramsdell Street, Fircrest, WA 98466
Town of Ruston, 5117 North Winnifred Street, Tacoma, WA 98407
Environmental Protection Agency, Kris Flint, EPA - ECL-111, 1200 Sixth Avenue, Seattle, WA 98101
Metro Parks, Marci Ludwig, 4702 South 19th Street, Tacoma, WA 98405
National Marine Fisheries Service, SEPA Coordinator, Kathe Howe, 7600 Sand Point Way NE, Seattle, WA 98115
Pierce County Office of the Assessor-Treasurer, Barbara Blecha, 2401 S. 35th St., Room 142, Tacoma, WA 98409-
    7460
Pierce County Planning and Land Services, 2401 S. 35th St., Rm 142, Tacoma, WA 98409-7460
Pierce Transit, Land Use Review, Capital Development, PO Box 99070, Lakewood, WA 98499
Port of Tacoma, P.O. Box 1837, Tacoma, WA 98401
Puget Sound Clean Air Agency, Attn: John Anderson, 110 Union Street - Suite #500, Seattle, WA 98101-2038
Puget Sound Energy, Cheryl Paras, 3130 South 38th Street, Tacoma, WA 98409
Puyallup Tribe of Indians, Bill Sullivan, Natural Resources Director, 3009 E. Portland Ave., Tacoma, WA 98404
Puyallup Tribe of Indians, Raul Ramos, Land Use Director, 3009 East Portland Avenue, Tacoma, WA 98404
Puyallup Tribe of Indians, David Duenos, Building Official, 3009 East Portland Avenue, Tacoma, WA 98404
Puyallup Tribe of Indians, Judy Wright, Building Official, 3009 East Portland Avenue, Tacoma, WA 98404
Puyallup Tribe of Indians, Jeffrey Thomas, Building Official, 3009 East Portland Avenue, Tacoma, WA 98404
Qwest, Attn: Land Eng. Clerk, 2510 84th Street South, Suite #18, Lakewood, WA 98499
Tacoma Public School District #10, Pete Wall, 3223 South Union Avenue, Tacoma, WA 98409
Tacoma Pierce County Health Department, Nedda Turner, EH-3128 (3), 3629 S. “D” St., Tacoma, WA 98418-6813
Tahoma Audubon Society, Bryan Flint, 2917 Morrison Road West, University Place, WA 98466-4619
U.S. Postal Service (AMS), Jo Coburn, Address Management Systems, P.O. Box 90304, Seattle, WA 98109-9321
Washington Department of Ecology, Peg Plummer, Environmental Review Section, P.O. Box 47703, Olympia, WA
    98504-7703
Washington Department of Ecology, Kim VanZwalenberg, SWRO, P.O. Box 47775, Olympia, WA 98504-7775
Washington Department of Transportation, Environmental Services, P.O. Box 7331, Olympia, WA 98504-7331
Washington State Office of Archaeology & Historic Preservation, Stephenie Kramer, 1063 S. Capital Way, Suite
    106, Olympia, WA 98501

File:   Building and Land Use Services – Shirley Schultz



Determination of Environmental Nonsignificance                                                       Page 7 of 7
2009 Annual Amendment

                                               - 107 -
- 108 -
ENVIRONMENTAL CHECKLIST
                                   City of Tacoma
  Comprehensive Plan and Land Use Regulatory Code
                    Proposed Amendments for 2009




                                SEPA File Number:
                              SEP2009-40000127441




                                        March 2009




                                    Planning Division
      Community and Economic Development Department
                        747 Market Street, Room 1036
                             Tacoma, WA 98402-3793
                                        253-591-5365



            - 109 -
ENVIRONMENTAL CHECKLIST
A. BACKGROUND

1. Name of proposed project, if applicable:

       City of Tacoma Comprehensive Plan and Land Use Regulatory Code –
       Proposed Amendments for 2009 (“2009 Annual Amendment”)

2. Proponent/applicant:

       City of Tacoma
       Community and Economic Development Department
       747 Market St., Room 1036
       Tacoma, WA 98402-3793

3. Contact:

       Lihuang Wung, Urban Planner
       City of Tacoma
       Community and Economic Development Department
       747 Market St., Room 1036
       Tacoma, WA 98402-3793
       Phone: (253) 591-5682
       Fax: (253) 591-2002
       E-mail:lwung@cityoftacoma.org

4. Date checklist prepared:

       March 9, 2009

5. Agency requesting checklist:

       City of Tacoma
       Community and Economic Development Department

6. Proposed timing or schedule (including phasing, if applicable):

   The schedule for the 2009 Annual Amendment encompasses the following milestones:
       January-March 2009:    Analysis of the proposed amendments
       March 2009:            Public review of the proposed amendments
       April 1, 2009:         Planning Commission public hearing
       May 20, 2009:          Planning Commission makes recommendations to the City Council
       May-June 2009:         City Council review of the Commission’s recommendations
       June 30, 2009:         City Council considers adoption of the proposed amendments


Environmental Checklist                                                          Page 2 of 29
2009 Annual Amendment

                                        - 110 -
7. Do you have any plans for future additions, expansion, or further activity related to or
   connected with this proposal? If yes, explain.

   The Comprehensive Plan and implementing development regulations are amended on an
   annual basis consistent with the State Growth Management Act. The proposed changes to
   text and policies of the Comprehensive Plan will apply to future land use and development.
   Proposed changes to the Land Use Regulatory Code and the Official Zoning Map will
   provide the basis to evaluate and regulate future development proposals.

8. List any environmental information you know about that has been prepared, or will be
   prepared, directly related to this proposal.

   SEPA analyses have been prepared for previous amendments to the Comprehensive Plan and
   Land Use Regulatory Code. Listed below are the SEPA file numbers for the past
   Environmental determinations.
       •   SEP2008-40000118717 Adoption of 2008 Annual Amendment to the Comprehensive
           Plan and Land Use Regulatory Code
       •   SEP2007-40000100366 Adoption of 2007 Annual Amendment to the Comprehensive
           Plan and Land Use Regulatory Code
       •   SEP2006-40000078301 Adoption of 2006 Annual Amendment to the Comprehensive
           Plan and Land Use Regulatory Code
       •   SEP2005-40000053833 Adoption of 2005 Annual Amendment to the Comprehensive
           Plan and Land Use Regulatory Code
       •   SEP2004-40000034459 Adoption of 2004 Annual Amendment to the Comprehensive
           Plan and Land Use Regulatory Code
       •   SEP2003-00067 Adoption of 2003 Annual Amendment to the Comprehensive Plan
           and Land Use Regulatory Code
       •   SEP2002-00062 Adoption of 2002 Annual Amendment to the Comprehensive Plan
           and Land Use Regulatory Code
       •   SEP2001-00079 Adoption of 2001 Annual Amendment to the Comprehensive Plan
       •   SEP2000-00082 Adoption of 2000 Annual Amendment to the Comprehensive Plan
           and Land Use Regulatory Code
       •   SEP99-00066 Adoption of 1999 Annual Amendment to the Comprehensive Plan
       •   SEP98-00051 Adoption of 1998 Annual Amendment to the Comprehensive Plan
       •   SEP97-00102 Adoption of 1997 Annual Amendment to the Comprehensive Plan
       •   SEP96-00124 Adoption of 1996 Annual Amendment to the Comprehensive Plan
       •   EIS-120-93 Adoption of the Land Use Management Plan and Addenda for 1994 &
           1995




Environmental Checklist                                                              Page 3 of 29
2009 Annual Amendment

                                       - 111 -
9. Do you know whether applications are pending for governmental approvals of other
   proposals directly affecting the property covered by your proposal? If yes, explain.

   There are no known applications; however, future development applications would be subject
   to the approved amendments to the Comprehensive Plan and the Land Use Regulatory Code.

10. List any government approvals or permits that will be needed for your proposal, if
    known.

   The proposed amendments to the Comprehensive Plan and the Land Use Regulatory Code
   will be adopted by the City Council by ordinance, i.e., through the legislative process. Future
   development applications will be subject to the amended Plan, regulations and zoning
   classifications and approved through issuance of various permits as required.

11. Give brief, complete description of your proposal, including the proposed uses and the
    size of the project and site.

   The proposed 2009 Annual Amendment would: amend six elements of the Comprehensive
   Plan (i.e., Growth Strategy and Development Concept, Generalized Land Use, Capital
   Facilities, Transportation, Environmental Policy, and Neighborhood); revise seven chapters
   in Title 13 of the Tacoma Municipal Code (i.e., 13.02 Planning Commission, 13.04 Platting
   and Subdivisions, 13.05 Land Use Permit Procedures, 13.06 Zoning, 13.11 Critical Areas
   Preservation, 13.12 Environmental Code, and 13.16 Concurrency Management); correct the
   boundaries of the 56th & South Tacoma Way Mixed-Use Center; and, rezone a block in the
   North Slope Historic Special Review District to correct a mapping error and rezone
   properties in the vicinity of South 27th and M Street consistent with the current use.

   Copies of the complete text of the proposed revisions, including maps where applicable, and
   staff analyses of each of the proposed amendments are available from the Community and
   Economic Development Department at the address shown on the cover page and at all
   branches of the Tacoma Public Library. The revisions may also be viewed or downloaded at
   www.cityoftacoma.org/planning (Click on “2009 Annual Amendment”).

   The proposed amendments were generated from six applications, as summarized below:

   (1) Application #2009-01: Annual Amendment Procedures

       Submitted by the Community and Economic Development Department, the proposed
       amendment would revise the Tacoma Municipal Code, Chapter 13.02, pertaining to the
       Planning Commission by: changing the annual amendment cycle from a calendar year to
       a work-program year that begins on July 1 each year and ends on June 30 the next year;
       changing the deadline for submitting applications to amend the Comprehensive Plan from
       December 31 to June 30 for consideration in the following 12 month period; modifying
       code language for consistency with the State Growth Management Act; adding explicit
       mechanisms for determining that an amendment application is complete and for
       expanding or contracting the original application; and, improving public notice


Environmental Checklist                                                                Page 4 of 29
2009 Annual Amendment

                                         - 112 -
       procedures by such means as providing earlier notice to the surrounding neighborhood of
       proposed site-specific changes and clarifying responsibilities and requirements of
       applicants for application submittals and public notice.

   (2) Application #2009-02: Critical Areas Preservation Ordinance

       Submitted by the Port of Tacoma, the proposed amendment would revise the Tacoma
       Municipal Code, Chapter 13.11, pertaining to Critical Areas Preservation within the
       shoreline jurisdiction of the Hylebos, Blair, and Sitcum waterways, in order to allow for
       normal maintenance and repair of existing shoreline modifications (shoreline protection,
       maintenance dredging, piers, docks, and other existing shoreline structures or
       developments) and for demolition of structures with a letter of exemption rather than a
       critical areas permit. These activities are exempt under the Shoreline Management Act.

   (3) Application #2009-03: Stormwater Management Policy Changes

       Submitted by the Public Works Department’s Environmental Services Division, this
       application seeks to amend the Capital Facilities, Environmental Policy, and
       Neighborhood Elements of the Comprehensive Plan, in order to improve the accuracy,
       clarity, and consistency of the existing policies and level of service standards pertaining
       to stormwater management. Specifically, the following amendments are proposed:
       •   Revise the Stormwater Management level of service standards as contained in the
           Capital Facilities Element by: (a) changing the drains that are required to meet a 10-
           year, 24-hour design storm from “drains < 24-inch diameter” to “private facilities less
           than 24 inches in diameter”; and (b) changing the drains that are required to meet a
           25-year, 24-hour design storm from “drains > 24-inch diameter” to “all public
           facilities and private facilities greater than or equal to 24 inches in diameter”.
       •   Amend Policy E-WQ-1 Water Pollution in the Environmental Policy Element by
           changing the policy title to Water Quality and replacing a reference to future water
           pollution standards with a reference to the City’s National Pollution Discharge
           Elimination System (NPDES) Phase I Municipal Stormwater Permit requirements.
       •   Amend Policy E-SWR-1 On-Site Detention Facilities in the Environmental Policy
           Element by changing the policy title to On-Site Retention Facilities and revising the
           text to better express the intent, use terms more accurately, and better accord with the
           Environmental Services’ policies regarding on-site retention.
       •   Amend Policy E-SWR-2 Natural Watercourses in the Environmental Policy Element
           in order to strengthen the Policy’s intent of providing protection for natural
           watercourses, to be more consistent with existing City processes, and to make the
           policy more complete by inserting additional issues that should be considered
           (including mitigation, permitting, and accommodating existing drainage).
       •   Amend Policy C-4.6 Low Impact Development in the Central Neighborhood section
           of the Neighborhood Element by revising the description of low impact development
           stormwater techniques and making the list of applicable techniques more complete.



Environmental Checklist                                                                  Page 5 of 29
2009 Annual Amendment

                                         - 113 -
   (4) Application #2009-04: Transportation Element

       Submitted by the Public Works Department’s Engineering Division, the proposed
       amendment would amend the Transportation Element by: (a) adding ten projects (as
       shown in the table below) to the “Transportation Improvement Projects List –
       Unfunded”, under the category of “Transportation Projects from Neighborhood Action
       Strategies”, for the purpose of retaining eligibility for future funding; and, (b) adding
       Project No. 5 to Transportation Figure 2 – Nonmotorized Network Map as one of the
       “Planned Connections.” The proposed additions were submitted to the City by the
       Eastside Neighborhood Advisory Council of Tacoma (ENACT).

         No.                  Programs/Projects                         Improvement Type
          1    E. M Street (Harrison – E. 34th)                    Asphalt Paving
          2    E. 34th Street (E. M – McKinley)                    Curb and Gutter, Sidewalks,
                                                                   Streetlights, Storm Drainage
          3    Division Lane (600 block – 400 block)               Install a landscape median
                                                                   allowing for angle parking
          4    E. N Street (Morton – E. 35th)                      Curb and Gutter, Sidewalks,
                                                                   Streetlights, Storm Drainage
          5    E. N Street (E. 35th – E. 29th)                     Construct pedestrian trail
          6    E. 34th Street steps (west of Portland)             Improve pedestrian trail
          7    Fairbanks Street (E. L – E. Grandview)              Roadway Rehabilitation
          8    E. R Street (1-5 – E. 35th)                         Roadway Rehabilitation
          9    E. T Street (E. 32nd – E. 38th)                     Roadway Rehabilitation
         10    E. Grandview Avenue (E. 32nd – E. Sherman)          Roadway Rehabilitation

   (5) Application #2009-05: HMR-SRD Zoning District Boundary Correction

       Submitted by the Community and Economic Development Department, the proposed
       amendment would rezone a portion of one block that is located within the North Slope
       Historic Special Review District from R-4/HIST (Multi-family Dwelling District with a
       Historic Overlay) to HMR-SRD/HIST (Historic Mixed-Residential Special Review
       District with a Historic Overlay), consistent with the remainder of the historic special
       review district. Blocks 3322 and 3323 are bounded by North K Street to the north, North
       4th Street to the west, North L Street to the south, and Division Avenue to the east. The
       proposed rezone includes all of Blocks 3322 and 3323 except for the very southeastern
       portion of each, which is located within the Stadium Mixed-Use Center, is zoned NCX
       Neighborhood Commercial Mixed-Use, and is not located within the North Slope
       Historic District or the associated Overlay Zone. This proposal will align the boundaries
       of the Historic Mixed-Residential Special Review District zoning classification (HMR-
       SRD) with the boundaries of the North Slope Historic Special Review District overlay, as
       originally intended when the HMR-SRD zoning classification was created.

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   (6) Application #2009-06: Zoning Code Technical Amendments

       Submitted by the Community and Economic Development Department, the proposed
       technical amendments to the Land Use Regulatory Code involve three general categories:
       Code Text Corrections, Mixed-Use Center Boundary Corrections, and Zoning
       Classification Corrections. These amendments are intended to address inconsistencies,
       correct minor errors, and improve provisions that, through administration and application
       of the code, have been found to be unclear or to not fully meet their intended purpose. A
       summary of the proposed amendments is as follows:

       (a) Code Changes:
           Clarifications
           •   Clarify that the 50-foot minimum lot frontage requirement does not apply to
               townhouse developments.
           •   Modify the setback exception for fireboxes to clarify how it applies in the R-1
               zoning district.
           •   Specify that home occupations are allowed in all zoning districts.
           •   Modify Section 13.06.600.C to eliminate the internal inconsistency regarding the
               “interim” zoning classifications for properties annexed into the City.
           Consistencies
           •   The two locations where the front setback provision regarding garages need to use
               the same reference line, namely that the setback is measured from the property
               line or the edge of a primary access easement.
           •   The two locations where the residential yard requirement is stated need to use the
               same standard, namely that on lots smaller than 3,500 square feet the minimum
               dimension for the required yard space is 12 feet.
           •   Eliminate “parking area” as a distinct use in the commercial and industrial use
               tables (as was done in the residential use table)
           •   Modify the use table abbreviations chart at the beginning of the commercial use
               table so that it is consistent with the other sections, where “TU” doesn’t make
               reference to a “permit.”
           •   Change the term to “single-family dwelling” in 13.06.100.D (pre-existing lots)
           •   Remove the term “tavern” from the “brewpub/tavern” use listed in the use tables.
           Diagrams
           •   Fix the Wall Modulation diagram in 13.06.501.B – the code requirement is 15-
               foot width while the diagram incorrectly indicates a minimum 6-foot width
           References
           •   Eliminate the few remaining references to “special development permit” (this type
               of permit no longer exists)

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           •   Clarify references to “Uniform Building Code”
           •   Add in a date for the limitation on new cemeteries in commercial and industrial
               districts
           •   Add a reference in 13.06.100.F to additional parking provisions in 13.06.510
           •   Eliminate the reference in 13.04.090.B to section 13.04.360 (no longer exists)
           •   Correct references to the Survey Recording Act to refer to RCW 58 and WAC
               332
           •   Remove the reference to WAC 197-11-800(25)(h) in TMC 13.11.170 (no longer
               exists)
           Definitions
           •   Add a definition for “eating and drinking”
           •   Add a definition for “Schools, Public & Private”
           •   Eliminate the “banks, savings and loan, financial” definition (this is included in
               the “office” use definition)
           •   Eliminate the “cellar” definition (this term is not used in the code and there is a
               separate definition for “basement,” which is generally the term that is used)
           •   Add a reference to 13.12.910 into the definition for “responsible official” (in
               TMC 13.12.045)

       (b) Mixed-Use Center Boundary Corrections
           •   Remove the area near S. 50th and Adams from the 56th & South Tacoma Way
               Mixed-Use Center (to address a minor inaccuracy in the legal description
               associated with the 2008 Annual Amendment)

       (c) Zoning Classification Corrections
           •   Remove an approximately 10-foot wide sliver of property north of Center Street
               from a rezone legal description associated with the 2008 Annual Amendment (to
               address a minor inaccuracy in the legal description)

12. Location of the Proposal: (Give sufficient information for a person to understand the
    precise location of your proposed project, including a street address, if any. If a
    proposal would occur over a range of area, provide the range or boundaries of the
    site(s).)

   Application #2009-01 Annual Amendment Procedures: Not site-specific.

   Application #2009-02 Critical Areas Preservation Ordinance: The exemptions apply to
   an area located on the Tacoma Tideflats, within the S-10 Port Industrial Shoreline District
   only, from the northeast corner of the mouth of the Puyallup River, across the terminus of the
   Sitcum, Blair and Hylebos Waterways to the northeast boundary of the S-11 District.


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   Application #2009-03 Stormwater Management Policy Changes: Not site-specific.

   Application #2009-04 Transportation Element: The ten proposed Unfunded Projects are
   located in that area of the Eastside Neighborhood generally bounded by I-5 to the north, SR-7
   to the west, E. 38th Street to the south, and E. Grandview Avenue to the east. The precise
   locations of the projects are shown in the table in Question 11.

   Application #2009-05 HMR-SRD Zoning District Boundary Correction: The subject
   areas are the most part of Blocks 3322 and 3323 within the North Slope Historic Special
   Review District and are bounded by North K Street to the north, North 4th Street to the west,
   North L Street to the south, and Division Avenue to the east.

   Application #2009-06 Zoning Code Technical Amendments: The area to be removed from
   the S. 56th & South Tacoma Way Mixed-Use Center is near S. 50th and Adams, and the 10-
   foot wide sliver of property subject to rezone is located north of Center Street.

13. Assessor Parcel Number:

   Affected parcels are located throughout the city and are too numerous to list.




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B. ENVIRONMENTAL ELEMENTS

1. Earth

a. General description of the site (underline one): Flat, rolling, hilly, steep slopes,
   mountainous, other:

   The proposed 2009 Annual Amendment entails only non-project actions and affects
   properties throughout the City of Tacoma. The responses provided from this point forward
   imply city-wide applicability, unless otherwise specified.

   Topography within the city is widely varied, ranging from large flat areas to areas of
   significant steep slope. Overall, the city can be described as hilly and/or rolling.

   Some of the proposed amendments involve specific site locations. In Application #2009-02,
   the Hylebos, Blair, and Sitcum waterways in the S-10 Port Industrial Shoreline District are
   dredged, industrial waterways and the adjacent lands are flat. In Application #2009-04, the
   ten Unfunded Projects in the Eastside Neighborhood area encounter various topographical
   situations, including flat, hilly, and rolling. In Application #2009-05, the North Slope
   Historic Special Review District is generally flat. In Application #2009-06, the area near S.
   50th and Adams is flat and the 10-foot wide sliver of property north of Center Street is
   located in a hilly area.

b. What is the steepest slope on the site (approximate percent slope)?

   The highest point in the City is Indian Hill in NE Tacoma (Orca, Galleon, & Tower Dr.) at 552
   feet. The lowest point is sea level (Puget Sound). The steepest areas are the bluffs that are
   adjacent to the Narrows and Commencement Bay. There are areas within the City which
   contain slopes that exceed 100%.

c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
   muck)? If you know the classification of agricultural soils, specify them and note any
   prime farmland.

   The soils in Tacoma consist of gravel, sand, clay, silt, peat, and muck. There are no known
   areas of prime farmland or agricultural soils.

d. Are there surface indications or history of unstable soils in the immediate vicinity?

   Tacoma is designated as a Zone 3 Seismic Hazard Zone, as is the entire Puget Sound region.
   This designation is based on life safety and the potential for property damage as a result of
   seismic activity. Zone 1 includes those areas that are least likely and Zone 4 includes those
   that are most likely to experience injury and/or building damage as a result of a seismic
   event. The City’s geologically hazardous areas are generally mapped in the Environmental
   Policy Element of the Comprehensive Plan.



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e. Describe the purpose, type and approximate quantities of filling or grading proposed.
   Indicate source of fill.

   No grading or filling is proposed by these non-project actions. Site-specific impacts of any
   filling or grading will be assessed as part of the review of a future development proposal.

f. Could erosion occur as a result of clearing, construction, or use? If so, generally
   describe.

   Proposals are non-project actions. Erosion controls based on the City’s adopted stormwater
   manual and development codes will be made a requirement by the City at the time of permit
   approval and construction. Specific impacts will be assessed at project development stage.

g. About what percent of the site will be covered with impervious surfaces after project
   construction (for example, asphalt or buildings)?

   The proposals are non-project actions. Calculations of impervious surfaces would be
   prepared and evaluated at the time of development application review. The proposed
   amendment to Policy C-4.6 Low Impact Development (Application #2009-03) would expand
   the list of suggested Low Impact Development (LID) techniques, which would potentially
   result in a reduction of impervious surface.

h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:

   The proposed amendments are non-project actions. Future development proposals will be
   required to meet the grading and erosion control requirements of the City of Tacoma at the
   time of development.

2. Air

a. What types of emissions to the air would result from the proposal (i.e., dust,
   automobile, odors, industrial wood smoke) during construction and when the project is
   completed? If any, generally describe and give approximate quantities, if known.

   Impacts will be assessed at the project development stage. Future development may result in
   localized increases in air pollution due to construction activity and vehicular traffic.

b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
   generally describe.

   Carbon monoxide has historically been a consideration for downtown Tacoma, but current
   levels are below Federal standards.

c. Proposed measures to reduce or control emissions or other impacts to air, if any.

   Impacts will be assessed, and mitigations implemented, at the project development stage.


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3. Water

a. Surface

   1) Is there any surface water body on or in the immediate vicinity of the site (including
      year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes,
      describe type and provide names. If appropriate, state what stream or river it flows
      into.

       Most of Tacoma is on a peninsula surrounded on the west by portions of Puget Sound,
       including the Narrows, and on the east by Commencement Bay. Additionally there are:
       several lakes, including Wapato Lake, Snake Lake, and China Lake; numerous streams
       and rivers such as the Puyallup River, Swan Creek, Puget Creek, and Hylebos Creek;
       and, a significant number of seasonal and perennial streams and wetlands.

       The subject areas in Application #2009-02, i.e., the Hylebos, Blair, and Sitcum
       waterways, are marine waterways (saltwater) located just north of where the Puyallup
       River enters Commencement Bay.

   2) Will the project require any work in or adjacent to (within 200 feet) of the described
      waters? If yes, please describe and attach available plans.

       Does not apply. Proposals are non-project actions.

       Application #2009-02 makes reference to dredging, demolition, and normal maintenance
       and repair of existing shoreline structures within the Hylebos, Blair, and Sitcum
       waterways. However, the proposal is not a project action; it is a code amendment seeking
       exemption of critical area permit requirements for such activities.

   3) Estimate the amount of fill and dredge material that would be placed in or removed
      from surface water or wetlands and indicate the area of the site that would be
      affected. Indicate the source of fill material.

       Does not apply. Proposals are non-project actions.

       Application #2009-02 makes reference to dredging, demolition, and normal maintenance
       and repair of existing shoreline structures within the Hylebos, Blair, and Sitcum
       waterways. However, the proposal is not a project action; it is a code amendment seeking
       exemption of critical area permit requirements for such activities.

   4) Will the proposal require surface water withdrawals or diversions? Give general
      description, purpose, and approximate quantities, if known.

       Does not apply. Proposals are non-project actions.



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   5) Does the proposal lie within a 100-year flood plain? If so, note location on the site
      plan.

       The 100-year flood plain within the city includes the following areas: Puyallup River; an
       area of the Tideflats near SR-509 and Portland Avenue; an area of the Tideflats near
       Taylor Way, Alexander Avenue and SR-509; the creek area east of Portland Avenue
       between I-5 and S. 56th Street; the Larchmont Playground area near S. 84th Street and
       Pacific Avenue; the area near S. 84th and S. Hosmer Streets; the Wapato Lake area near S.
       72nd Street and Sheridan Avenue; the Flett Creek area near South Tacoma Way and S. 74th
       Street; the China Lake Park area near S. 19th Street and SR-16; and the Titlow Park area
       near 6th Avenue and the BNSF railroad tracks.

       The Hylebos, Blair, and Sitcum waterways (Application #2009-02) are within the 100-
       year flood plain. The ten Unfunded Projects in the Eastside Neighborhood (Application
       #2009-04) are near, crossing or in close proximity of the creek area east of Portland
       Avenue between I-5 and S. 56th Street. The area near S. 50th and Adams (Application
       #2009-06) is approximately a quarter mile to the east of the creek area that is west of
       South Tacoma Way and north of S. 56th Street.

   6) Does the proposal involve any discharges of waste materials to surface waters? If
      so, describe the type of waste and anticipated volume of discharge.

       Does not apply. Proposals are non-project actions.

b. Ground:

   1) Will the ground water be withdrawn, or will water be discharged to ground water?
      Give general description, purpose, and approximate quantities, if known.

       The proposal does not involve ground water withdrawal or discharge. Specific impacts
       will be assessed at project development stage.

   2) Describe waste material that will be discharged into the ground from septic tanks or
      other sources, if any. For example: domestic sewage, industrial, containing the
      following chemicals . . . agricultural; etc. Describe the general size of the system, the
      number of such systems, the number of houses to be served, if applicable, or the
      number of animals or humans the system(s) are expected to serve.

       Proposals are non-project actions. Sanitary waste would be discharged into the City’s
       sanitary sewer system. Projects developed under the proposal will comply with all
       applicable federal, state, and local regulations regarding discharge of waste material.




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c. Water Runoff (including storm water):

   1) Describe the source of runoff (including storm water) and method of collection and
      disposal, if any (include quantities, if known). Where will this water flow? Will this
      water flow into other waters? If so, describe.

       The storm drainage system impacts from development proposals that occur will be
       evaluated at the time of development proposal(s). Mitigation may be required in
       accordance with City regulations, including the City of Tacoma Stormwater Management
       Manual.

   2) Could waste materials enter ground or surface waters?

          No. City sanitary sewer hook-up would be required at the time of future development
          proposals. Stormwater runoff would need to comply with City regulations, including the
          City of Tacoma Stormwater Management Manual.

d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if
   any.

   City ordinances require hook-up to sewer and any proposed development will be required to
   ensure that stormwater discharge will meet the City’s stormwater requirements found in the
   City of Tacoma Stormwater Management Manual, including applicable Department of
   Ecology Best Management Practices (BMPs).

   Proposed Amendment #2009-03 consists of various text revisions and changes to policies
   relating to stormwater management within three elements of the Comprehensive Plan. One of
   the proposed amendments would modify the level of service standard for stormwater
   management with the objective of increasing safety and lessening the potential for property
   damage by reducing the potential for overflows. The other proposed changes are intended to
   improve the accuracy, clarity and consistency of the existing policies.

4. Plants

a. Check or circle types of vegetation found on the site.

      x      deciduous tree: alder, maple, aspen, other
      x      evergreen tree: fir, cedar, pine, other
      x      shrubs
      x      grass
      x      pasture
             crop or grain
      x      wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
             water plants: water lily, eelgrass, milfoil, other
      x      other types of vegetation



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b. What kind and amount of vegetation will be removed or altered?

   Proposals are non-project actions. No specific removal of plant is planned. Impacts will be
   reviewed at the development proposal stage.

c. List threatened or endangered species known to be on or near the site.

   The proposals involve non-project actions. A site specific review would be conducted at the
   development proposal stage.

d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
   vegetation on the site, if any:

   The proposals involve non-project actions. Screening and other landscaping to address land
   use conflicts and site aesthetics may be required at time of development. In addition, as part
   of Application #2009-03, Policy C-4.6 Low Impact Development (LID) is proposed to be
   revised. The revision would clarify the intent of encouraging LID stormwater approaches by
   adding several additional LID techniques to the list. One of the LID approaches
   recommended by the policy is retaining vegetation.

5. Animals

a. Underline any birds and animals which have been observed on or near the site or are
   known to be on or near the site:

       Birds:             hawk, heron, bald eagle, songbirds
       other:             seagulls, crows, pigeons

       Mammals:           deer, bear, elk, beaver
       other:             squirrel, raccoon, opossum, rabbit, rodents, dogs, cats

       Fish:              bass, salmon, trout, herring
       other:

b. List any threatened or endangered species known to be on or near the site.

   The proposals involve non-project actions. Commencement Bay and its waterways support
   several types of salmon species and occasional visits by Southern Resident Orcas. Both the
   Orcas and Chinook salmon are listed as endangered species under the Endangered Species
   Act.

c. Is the site part of a migration route? If so, explain.

   The City of Tacoma is within the Pacific Flyway for migratory birds. Migrating species of
   geese and ducks can be found in Wapato Lake, other lakes, ponds, wetlands, and waterways
   of Tacoma, as well as the Puyallup River. Juvenile salmon migrate along the shorelines of


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   Commencement Bay, the Puyallup River, and Port waterways. Adult salmon, including listed
   Puget Sound Chinook and Bull trout, migrate along the shorelines and within
   Commencement Bay to the Puyallup River, port waterways, Hylebos Creek, Puget Creek,
   Wapato Creek, and Leach Creek.

d. Proposed measures to preserve or enhance wildlife, if any.

   Development proposals would be reviewed for compliance with City ordinances including
   the Critical Areas Protection Ordinance. A Habitat Zone map is established in the
   Environmental Policy Element of the Comprehensive Plan. Also, wetlands and streams of
   local significance are established in the Tacoma Municipal Code and the Environmental
   Policy Element. The intent is to use the habitat zone maps and wetlands and streams of local
   significance to focus on those undeveloped areas which are also providing high habitat
   function and value.

6. Energy and Natural Resources

a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet
   the completed project's energy needs:

   Proposals are non-project actions. Energy demand of future development proposals will be
   typical of urban buildings with potentially some expansion of manufacturing or other
   industrial uses.

b. Would your project affect the potential use of solar energy by adjacent properties? If
   so, generally describe.

   Proposals are non-project actions. Future development projects consistent with the proposed
   amendments, if adopted, could restrict solar access to adjacent properties. Specific impacts
   would be considered during permit review and if needed, mitigation may be required.

c. What kinds of energy conservation features are included in the plans of this proposal?
   List other proposed measures to reduce or control energy impacts, if any.

   The proposals are non-project actions. Specific impacts will be assessed at the project
   development stage.

7. Environmental Health

a. Are there any environmental health hazards, including exposure to toxic chemicals, risk
   of fire and explosion, spill, or hazardous waste, that could occur as a result of this
   proposal? If so, describe.

   Proposals are non-project actions. Specific hazards will be assessed at the project
   development stage. At project development stage, all requirements of the Tacoma-Pierce
   County Health Department and Washington Department of Ecology (and if applicable, the


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   Environmental Protection Agency, if the site is located within the Ruston/North Tacoma
   Superfund Study Area) will be complied with. In addition, the Tacoma-Pierce County Health
   Department will provide general requirements regarding development of the site that shall be
   met by the applicant.

   1) Describe special emergency services that might be required.

       None. Proposals are non-project actions.

   2) Proposed measures to reduce or control environmental health hazards, if any:

       Existing federal, state, and local laws are expected to mitigate potential environmental
       health hazards from site specific developments that would occur under the proposed
       revised regulations. In addition, SEPA allows the City to attach mitigation measures at
       the time of a development proposal, if needed. This issue would be evaluated at the
       development proposal stage.

b. Noise

   1) What types of noise exist in the area which may affect your project, (for example:
      traffic, equipment, operation, other)?

       The predominant sources of noise in Tacoma are vehicular traffic and aircraft over
       flights. Noise is also present in the industrial areas of the city and adjacent to the mainline
       train tracks. Proposals are non-project actions. Noise impacts will be assessed at project
       development stage.

   2) What types of levels would be created by or associated with the project on a short-
      term or long-term basis (i.e., traffic, construction, operation, other)? Indicate what
      hours noise would come from the site.

       Proposals are non-project actions. Noise would occur when a future development project
       is under construction. Increased vehicular noise can be expected with future commercial
       and multifamily development.

   3) Proposed measures to reduce or control noise impacts, if any.

       Noise impacts will be evaluated at the development proposal stage and mitigation
       required in accordance with City ordinances.

8. Land and Shoreline Use

a. What is the current use of the site?

   Application #2009-01 Annual Amendment Procedures: Not site-specific.



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   Application #2009-02 Critical Areas Preservation Ordinance: The Sitcum Waterway is
   fully utilized by Port of Tacoma container and breakbulk terminals. The Blair Waterway is
   fully utilized by Port of Tacoma container terminals as well as several private terminals. The
   Hylebos Waterway is mainly used by private water-dependent firms and marinas, as well as
   several non-water-dependent uses.

   Application #2009-03 Stormwater Management Policy Changes: Not site-specific.

   Application #2009-04 Transportation Element: The proposed Unfunded Projects are
   existing roadways, except that Project No. 5 where a pedestrian trail is proposed on E. N
   Street between E. 35th and E. 29th Streets is currently an unpaved, wooded area.

   Application #2009-05 HMR-SRD Zoning District Boundary Correction: The existing
   land uses for Block 3322 include Religious Services (four of the five total parcels for the
   block) and Medical Offices. Block 3323 is primarily residential, including fourplexes (three
   parcels), duplexes (one parcel with one under construction), single-family residences (two
   parcels), and a medical office fronting Division. The blocks to the west and north consist
   primarily of historic duplex or higher intensity residential uses, with some single-family
   residences. To the south, uses consist primarily of medical offices with some single-family
   development.

   Application #2009-06 Zoning Code Technical Amendments: The area near S. 50th and
   Adams includes a variety of industrial and commercial uses, including contractor services,
   warehousing, building materials supply, light manufacturing and auto repair uses. The 10-
   foot wide sliver of property north of Center Street is used for parking associated with a multi-
   family development.

b. Has the site been used for agriculture? If so, describe.

   Portions of the city have been used for agricultural purposes in the past but there are no
   indications of recent agricultural uses and there are no significant commercial agricultural
   uses currently operating in the city.

c. Describe any structures on the site.

   Application #2009-01 Annual Amendment Procedures: Not applicable.

   Application #2009-02 Critical Areas Preservation Ordinance: The Port of Tacoma owns
   and operates 6 containerized cargo terminals, 3 general cargo terminals, and 14 deep water
   berths along the Sitcum, Blair, and Hylebos waterways. Individual facilities include 611
   acres of terminals and 13,060 lineal feet of pier aprons with associated fenders, dolphins,
   ramps, cranes, and other terminal equipment, buildings, rail, truck lanes, and related
   infrastructure.

   Application #2009-03 Stormwater Management Policy Changes: Not applicable.



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   Application #2009-04 Transportation Element: None.

   Application #2009-05 HMR-SRD Zoning District Boundary Correction: There are
   churches, medical offices, as well as residential dwelling units including single-family,
   duplexes, and fourplexes.

   Application #2009-06 Zoning Code Technical Amendments: The site near S. 50th and
   Adams contains a variety of primarily one-story industrial buildings surrounded by parking
   and storage areas. The 10-foot wide sliver of property north of Center Street is developed
   with parking.

d. Will any structures be demolished? If so, what?

   Proposals are non-project actions. Future development projects consistent with the proposed
   plan, zoning and regulatory amendments could result in the demolition of existing structures.

e. What is the current zoning classification of the site?

   Application #2009-01 Annual Amendment Procedures: Not applicable.

   Application #2009-02 Critical Areas Preservation Ordinance: The Hylebos, Blair, and
   Sitcum waterways are zoned S-10 Port Industrial Shoreline District.

   Application #2009-03 Stormwater Management Policy Changes: Not applicable.

   Application #2009-04 Transportation Element: Not applicable.

   Application #2009-05 HMR-SRD Zoning District Boundary Correction: The subject
   properties are currently zoned R-4/HIST Multi-family Dwelling District with a Historic Overlay,
   and are proposed to be rezoned to HMR-SRD/HIST Historic Mixed-Residential Special Review
   District with a Historic Overlay.

   Application #2009-06 Zoning Code Technical Amendments: The site near S. 50th and
   Adams is zoned M-2–ST-GPD–ST-M/IC (Heavy Industrial with a South Tacoma
   Groundwater Protection District Overlay and a South Tacoma Manufacturing/Industrial
   Center Overlay. The 10-foot wide sliver of property north of Center Street is currently zoned
   R-2–ST-GPD (One-Family Dwelling District with a South Tacoma Groundwater Protection
   District Overlay).

f. What is the current comprehensive plan designation of the site?

   Application #2009-01 Annual Amendment Procedures: Not applicable.

   Application #2009-02 Critical Areas Preservation Ordinance: The Hylebos, Blair, and
   Sitcum waterways are designated High Intensity.

   Application #2009-03 Stormwater Management Policy Changes: Not applicable.

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   Application #2009-04 Transportation Element: Not applicable.

   Application #2009-05 HMR-SRD Zoning District Boundary Correction: The subject area
   is designated Medium Intensity.

   Application #2009-06 Zoning Code Technical Amendments: The site near S. 50th and
   Adams is located within a designated High Intensity area, as well as within a
   Manufacturing/Industrial Center and a Neighborhood Mixed-Use Center. It is proposed to be
   removed from the Mixed-Use Center designation. The 10-foot wide sliver of property north
   of Center Street is designated Low Intensity.

g. If applicable, what is the current shoreline master program designation of the site?

   The shoreline master program designates areas 200 feet landward of the ordinary high water
   mark as within various shoreline environment classifications (urban, natural, conservancy)
   and within specific shoreline zoning districts, S-1 to S-14. The program designates the areas
   within and around the Hylebos, Blair, and Sitcum waterways (Application #2009-02) as an
   urban shoreline environment and within the S-10 Port Industrial Shoreline District.

h. Has any part of the site been classified as an "environmentally sensitive" area? If so,
   specify.

   These are non-project actions and specific impacts to critical areas associated with
   development will be assessed at the project review and approval stage.

i. Approximately how many people would reside or work in the completed project?

   Does not apply. Proposals are non-project actions.

j. Approximately how many people would the completed project displace?

   Does not apply. Proposals are non-project actions.

k. Proposed measures to avoid or reduce displacement impacts, if any.

   No specific measures are needed or proposed at this time. This issue would be reviewed at
   time of proposed site specific development, and is dependent upon what existing housing is
   present at each site at the time development is proposed.

l. Proposed measures to ensure the proposal is compatible with existing and projected
   land use and plans, if any.

   The proposed Comprehensive Plan amendments have been reviewed for consistency with
   other elements of the Comprehensive Plan. The Growth Management Act requirements exist
   to help ensure consistency among the Comprehensive Plan elements and to ensure that


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   implementing regulations are consistent with the Comprehensive Plan. Zoning map and text
   amendments that are planned for the near future will implement the proposed changes and
   ensure that proposed Comprehensive Plan amendments related to land use density and
   intensity are compatible with land use regulations.

   The proposed rezone of R-4/HIST to HMR-SRD/HIST (Application #2009-05) is intended to
   make the zoning of the subject area consistent with the remainder of the North Slope Historic
   Special Review District.

9. Housing

a. Approximately how many units would be provided, if any? Indicate whether high,
   middle, or low-income housing.

   Does not apply. Proposals are non-project actions.

b. Approximately how many units, if any, would be eliminated? Indicate whether high,
   middle, or low-income housing.

   Does not apply. Proposals are non-project actions.

c. Proposed measures to reduce or control housing impacts, if any.

   Proposals are non-project actions. Specific impacts will be assessed at the project
   development stage.

10. Aesthetics

a. What is the tallest height of any proposed structure(s), not including antennas; what is
   the principal exterior building material(s) proposed?

   Proposals are non-project actions. No structures are proposed.

b. What views in the immediate vicinity would be altered or obstructed?

   Proposals are non-project actions. View impacts will be evaluated at the development
   proposal stage and mitigation required in accordance with City ordinances.

c. Proposed measures to reduce or control aesthetic impacts, if any.

   Overall, the proposed non-project actions will not directly affect aesthetics or the
   development and design standards for new construction. Existing landscaping, residential
   compatibility and building design standards do provide mitigation for the aesthetic impacts
   from new projects. Specific project impacts will be assessed at the project development
   stage.



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11. Light and Glare

a. What type of light or glare will the proposal produce? What time of day would it
   mainly occur?

   Proposals are non-project actions. Light and glare impacts will be evaluated at the
   development proposal stage and mitigation required in accordance with City ordinances.

b. Could light or glare from the finished project be a safety hazard or interfere with
   views?

   Proposals are non-project actions. Impacts will be evaluated at the project development stage.

c. What existing off-site sources of light or glare may affect your proposal?

   Proposals are non-project actions. Impacts will be evaluated at the project development stage.

d. Proposed measures to reduce or control light and glare impacts, if any.

   Proposals are non-project actions. Impacts will be evaluated at the project development stage.
   Existing City ordinances regulate light and glare hazards and require mitigation, if needed.

12. Recreation

a. What designated and informal recreational opportunities are in the immediate vicinity?

   Various recreational opportunities exist throughout the city, including parks, trails,
   playfields, shorelines, and cultural facilities. These are described in the Open Space Habitat
   and Recreation Element of the Comprehensive Plan.

b. Would the proposed project displace any existing recreational uses? If so, describe.

   Does not apply. Proposals are non-project actions.

c. Proposed measures to reduce or control impacts on recreation, including recreation
   opportunities to be provided by the project or applicant, if any.

   Does not apply. Proposals are non-project actions.

13. Historic and Cultural Preservation

a. Are there any places or objects listed on, or proposed for, national, state, or local
   preservation registers known to be on or next to the site?

   The proposals are non-project actions.



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   Application #2009-05 HMR-SRD Zoning District Boundary Correction: The affected
   area is within the North Slope Historic Special Review District, which is listed on the
   National Register of Historic Places, the Washington State Heritage Register and the Tacoma
   Register of Historic Places.

   Other Proposals: Citywide, there are over 1,100 sites, structures, properties and buildings
   listed on the national, state, and Tacoma Registers of Historic Places as either individual
   properties or within one of Tacoma’s six historic and conservation districts. Approximately
   130 of the properties are individually listed. The Old City Hall District is listed on the
   national, state and Tacoma registers of historic places and contains approximately 60
   individual properties (approximately 47 buildings). The Union Station District is listed on the
   national, state and Tacoma registers of historic places and contains approximately 51
   individual properties (approximately 32 buildings). The Union Station Conservation District
   is listed on the Tacoma register of historic places and contains approximately 70 individual
   properties (approximately 50 buildings). The Salmon Beach Historic District is listed on the
   state historic register.

b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or
   cultural importance known to be on or next to the site.

   The proposals are non-project actions. Landmark buildings in Tacoma depict the history of
   the city from the 1880s to the present. Architectural surveys conducted between 1981 and the
   present have identified approximately 1,600 properties that are potentially eligible for listing.

   The area in which the City of Tacoma is located also has many locations of ethnographic,
   scientific and cultural importance. Archaeological site records for the Tacoma area are
   maintained by the Washington State Office of Archaeology and Historic Preservation.

c. Proposed measures to reduce or control impacts, if any.

   The proposals are non-project actions.

   Application #2009-05 HMR-SRD Zoning District Boundary Correction: The purpose of
   the zoning amendment is to better coordinate the underlying zoning with the prevailing
   historic character of the area, and to align the development standards and land use language
   with the historic overlay zone and design review guidelines. Therefore, no adverse effect is
   anticipated.

   Other proposals: The City of Tacoma is a Certified Local Government that maintains an
   active Landmarks Preservation Commission and professional historic preservation staff,
   maintains a historic preservation ordinance that governs the treatment of historic properties,
   and provides public access and educational outreach. The City actively updates its
   architectural survey data. Local and federal tax incentives for historic preservation are
   available for building renovations and preservation. Designated buildings and properties with
   designated local districts are subject to design approval for exterior modifications by the



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   Landmarks Preservation Commission. The Historic Preservation Office serves as a
   consulting party for Section 106 review and SEPA review.

   Local and federal tax incentives for historic preservation are available for building
   renovations and preservations. Designated buildings and properties within designated
   districts are subject to approval by the Landmarks Preservation Commission.

   Tacoma has three local historic special review districts and one conservation district. The
   Historic Special Review District, an overlay zoning district, is intended to protect the historic
   character through design review and the application of requirements for exterior building
   modifications, new structures, and streetscape elements.

14. Transportation

a. Identify public streets and highways serving the site, and describe proposed access to
   the existing street system. Show on site plans, if any.

   Public streets serve the entire city. There are over 15 major north-south arterials and over 17
   east-west arterials that provide access throughout the City of Tacoma. These arterials provide
   primary access to a complete grid of minor arterials and local access roadways as well as to
   major regional freeways including two interstate freeways (i.e., I-5 and I-705) and four State
   routes (i.e., SR-509, SR-16, SR-167, and SR-7).

   Since the proposals are non-project actions, they would not alter the existing roadway
   system. Site access for all potential future development would continue to be subject to
   review under SEPA requirements and based on analysis requirements developed by the City
   of Tacoma.

   The proposal to add ten projects to the Unfunded Projects List in the Transportation Element
   (Application #2009-04) is for funding eligibility purposes and none of the projects, if funded
   and implemented, would alter the existing street system in the neighborhood.

b. Is site currently served by public transit? If not, what is the approximate distance to
   the nearest transit stop?

   Local and regional transit services are available citywide, through Pierce Transit and Sound
   Transit. Pierce Transit provides local bus service throughout the areas affected by the
   proposed amendments. Approximately 30 Pierce Transit bus routes provide access
   throughout Tacoma and between Tacoma and Lakewood, Parkland, Steilacoom, Puyallup,
   Sumner, Buckley, Bonney Lake, Federal Way, SeaTac International Airport, Auburn,
   Olympia, and Seattle. Sound Transit’s Regional Express, Link Light Rail, and Sounder
   Commuter Rail also operate in Tacoma. Within the City of Tacoma there are five transit
   centers, including Tacoma Community College, Tacoma Mall, Downtown Tacoma, Tacoma
   Dome Station, and 72nd & Portland.




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c. How many parking spaces would the completed project have? How many would the
   project eliminate?

   Proposals are non-project actions and do not include the construction or removal of parking.
   The need for and location of parking to serve future individual development proposals will be
   addressed during the project review and approval stage.

d. Will the proposal require any new roads or streets, or improvements to existing roads
   or streets, not including driveways? If so, generally describe (indicate whether public
   or private).

   Proposals are non-project actions and no new roads, streets or improvements to existing
   roads or street would be required. The proposal to add ten projects to the Unfunded Projects
   List in the Transportation Element (Application #2009-04) is for funding eligibility purposes
   and the projects are primarily improvements to existing roadways. Specific impacts and
   improvement requirements will be assessed at the project development stage.

e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
   transportation? If so, generally describe.

   The proposed amendments are non-project actions that will not affect water, rail, or air
   transportation. Future impacts by specific project actions will be evaluated at the
   development proposal stage and mitigation required in accordance with City ordinances.

f. How many vehicular trips per day would be generated by the completed project? If
   known, indicate when peak volumes would occur.

   Proposals are non-project actions and would not generate new trips.

g. Proposed measures to reduce or control transportation impacts, if any.

   Proposals are non-project actions. Traffic impact studies may be required depending on
   future zoning change requests and/or development proposals based on the sizes and scopes of
   the changes. Specific impacts and mitigation will be assessed at the project development
   stage.

15. Public Services

a. Would the project result in an increased need for public services (i.e., fire protection,
   police protection, health care, schools, other)? If so, generally describe.

   Proposals are non-project actions. Specific impacts will be assessed at the project stage.

b. Proposed measures to reduce or control direct impacts on public services, if any.

   Proposals are non-project actions. Specific impacts will be assessed at the project stage.


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- 134 -
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS

Because these questions are very general, it may be helpful to read them in conjunction with the
list of the elements of the environment. When answering these questions, be aware of the extent
the proposal or the types of activities likely to result from the proposal that would affect the item
at a greater intensity or at a faster rate than if the proposal were not implemented. Respond
briefly and in general terms.

1. How would the proposal be likely to increase discharge to water; emissions to air;
   production, storage, or release of toxic or hazardous substances; or production of
   noise?

   Adoption of the proposed Comprehensive Plan, Land Use Regulatory Code, and Official
   Zoning Map amendments would not directly affect discharges, emissions, hazardous
   substances, or noise. Evaluation of any impacts from future developments would be subject
   to additional environmental review.

   Proposed measures to avoid or reduce such increases are:

   Existing City, State and Federal regulations will be applied at the time of a development
   project approval. In addition, Application #2009-03 would change the Level of Service
   Standards for stormwater drains, with the objective of increasing safety and lessening the
   potential for property damage by reducing the potential for overflows. Specifically, privately
   held facilities less than 24-inches in diameter would be required to meet a 10-year, 24-hour
   storm design, and all facilities greater than or equal to 24-inches in diameter would be
   required to meet a 25-year, 24-hour storm design. The proposed language would change the
   standard for public facilities less than 24 inches in diameter from a 10 year to a 25 year, 24-
   hour design storm, ensuring greater capacity in public stormwater facilities.

2. How would the proposal be likely to affect plants, animals, fish, or marine life?

   Adoption of the proposed amendments would not have a significant impact on plants,
   animals, fish or marine life.

   Proposed measures to protect or conserve plants, animals, fish, or marine life are:

   Each project developed under the proposed amendments will be reviewed at time of permit
   application and if required, mitigation for impacts to natural areas (steep slopes, streams,
   wetlands and associated buffers) will be part of the approval process. While the proposed
   amendments associated with Application #2009-02 would modify the permitting process
   associated with certain types of repair and maintenance activities within shoreline areas, this
   change would not prevent the City or other agencies from addressing any specific impacts
   associated with future actions as part of the required critical areas and/or shoreline exemption
   process. The Army Corps of Engineers and Washington Department of Fish and Wildlife
   may still require permits for in-water work that address impacts to plant, animal and marine
   life.


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3. How would the proposal be likely to deplete energy or natural resources?

   Generally, the proposal will have no effect. Specific development proposals allowed under
   the amended Comprehensive Plan and Land Use Regulatory Code may require more energy
   than current land uses require due to increased development intensity. Increases, if any, are
   not expected to be significant.

   Proposed measures to protect or conserve energy and natural resources are:

   Existing City ordinances require energy efficient buildings and limitations on the use of
   unnecessary power for lighting. Considerations for environmental impacts will be made
   during the permit review process.

4. How would the proposal be likely to use or affect environmentally sensitive areas or
   areas designated (or eligible or under study) for governmental protection; such as
   parks, wilderness, wild and scenic rivers, threatened or endangered species habitat,
   historic or cultural sites, wetlands, floodplains, or prime farmlands?

   The proposed amendments would not directly affect environmentally sensitive areas or areas
   designated for governmental protection.

   Proposed measures to protect such resources or to avoid or reduce impacts are:

   The Tacoma Land Use Regulatory Code includes standards to protect environmentally
   sensitive areas when development is proposed. Additionally, state and federal regulations
   may apply. Development proposals will be reviewed concerning the applicability of local,
   state and federal regulations. As noted above, the proposed changes associated with
   Application #2009-02 will not preclude the City from addressing any identified potential
   impacts associated with future shoreline work within the identified waterways.

5. How would the proposal be likely to affect land and shoreline use, including whether it
   would allow or encourage land or shoreline uses incompatible with existing plans?

   The proposed amendments would not directly affect existing land use and shoreline use.
   Application #2009-02 requests for exemption of permit requirements for normal maintenance
   and repair activities, which are part of the current operations of the Port of Tacoma. Future
   development in shoreline areas comply with the current Shoreline Master Program.

   Proposed measures to avoid or reduce shoreline and land use impacts are:

   Specific impacts will be evaluated at the time of review of development proposals.
   Consistency with the City’s Comprehensive Plan and development regulations will be
   determined during the project specific proposal review. The actions being considered for
   exemption under Application #2009-02 within the three identified waterways are generally
   associated with approved, water-dependent shoreline uses.


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6. How would the proposal be likely to increase demands on transportation or public
   services and utilities?

   Proposals are non-project actions and are not anticipated to significantly increase demands on
   transportation or public services and utilities.

   Proposed measures to reduce or respond to such demand(s) are:

   Concurrency review and normal evaluation of development proposals for compliance with
   City requirements are required for transportation and utility impacts.

7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws
   or requirements for the protection of the environment.

   The proposal would not conflict with local, state, or federal laws or requirements.




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