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HomeMy WebLinkAboutREGULAR COUNCIL - 08 Dec 2014 - Agenda - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING December 8, 2014 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.NOMINATIONS FOR VACANT CITY COUNCIL POSITION #6 4.PUBLIC HEARING a. Sunset Master Plan EIS 5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 11/24/2014. Council concur. b. Approval of Council meeting minutes of 12/1/2014. Council concur. c. Approval of Special Meeting/Committee of the Whole minutes of 12/2/2014. Council concur. d. Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to City Attorney and Insurance Services. e. Community and Economic Development Department recommends adoption of a resolution extending the moratorium on accepting applications for business licenses or permits for medical marijuana businesses. Council concur. (See 9.a. for resolution.) f. Human Resources and Risk Management Department recommends approval to change insurance coverage from Washington Cities Insurance Authority (WCIA) to self-insured, and to increase the property self-insured retention level to $100,000 per occurrence. Council concur. 8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: Sunset Master Site Plan Environmental Review* b. Finance Committee: Vouchers c. Planning & Development Committee: 2015 Comprehensive Plan; Title IV (Development Regulations) Docket #10B* Page 1 of 41 d. Transportation (Aviation) Committee: Landing Gear Works Lease Amendment 9.RESOLUTIONS AND ORDINANCES Resolution: a. Extending the moratorium for medical marijuana permitting and business licenses (See 7.e.) Ordinance for first reading and advancement to second and final reading: a. Establishing Sunset Area Planned Action (See 8.a.) Ordinances for second and final reading: a. Amend RMC 1-3-1.B (1st reading 12/1/2014) b. Amend RMC 6-28-6.C (1st reading 12/1/2014) 10.NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS December 8, 2014 Monday, 5 p.m. Sunset Master Site Plan Environmental Review; Lake Washington Development (briefing) • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 41 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: COURT CASE: DELATORRE v. City of Renton, et al; CRT-14-012 Meeting: REGULAR COUNCIL - 08 Dec 2014 Exhibits: Summons and Complaint Submitting Data: Dept/Div/Board: City Clerk Staff Contact: Jason Seth, City Clerk ext. 6502 Recommended Action: Refer to City Attorney and Insurance Services Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Summons and Complaint filed by Melinda De La Torre v. City of Renton, et al, on 12/3/2014 in United States District Court. STAFF RECOMMENDATION: n/a 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 3 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 4 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 5 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 6 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 7 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 8 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 9 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 10 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 11 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 12 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 13 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 14 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 15 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 16 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 17 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 18 of 41 7d. - Court case filed by Melinda De La Torre v. City of Renton, et al. Refer to Page 19 of 41 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Extension on Moratorium for Medical Marijuana Permitting and Business Licenses Meeting: REGULAR COUNCIL - 08 Dec 2014 Exhibits: Resolution Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: C. E. "Chip" Vincent, x6588 Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Council held a public hearing on October 27, 2014 on extending the moratorium on accepting applications for business licenses or permits for medical marijuana businesses. The State Legislature had legislation regarding medical marijuana pending but failed to take meaningful action and there is no assurance that the State Legislature will take meaningful action in the 2015 session. Adopting a six months moratorium extension will allow the City time to consider its own legislation controlling the medical marijuana businesses that wish to locate within the City. STAFF RECOMMENDATION: Adopt a resolution extending the moratorium on accepting applications for business licenses or permits for medical marijuana businesses. 7e. - Community and Economic Development Department recommends Page 20 of 41 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. ________      A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A  MORATORIUM ON ACCEPTING APPLICATIONS FOR BUSINESS LICENSES OR  PERMITS FOR MEDICAL MARIJUANA BUSINESSES AND ESTABLISHMENTS  INVOLVED IN THE SALE, MANUFACTURE, DISTRIBUTION OR USE OF MEDICAL  MARIJUANA; AND ESTABLISHING A TERMINATION DATE FOR THE  MORATORIUM.       WHEREAS, state Initiative 697 legalized medical marijuana; and    WHEREAS, a moratorium was established by Resolution No. 4199, on November 4,  2013, to provide the Planning Commission with a staff recommendation, and forward the  Planning Commission’s recommendation along with the staff’s recommendation to the City  Council; and  WHEREAS, the moratorium was extended by Resolution No. 4211, on March 17, 2014,  as the State Legislature had legislation regarding medical marijuana pending but the legislature  failed to take meaningful action; and  WHEREAS, there is no assurance that the State Legislature will take meaningful action in  the 2015 session; and  WHEREAS, such uncertainty means that the City needs to consider its own legislation  controlling the medical marijuana businesses that wish to locate within the City; and   WHEREAS, the City Council held a public hearing on October 27, 2014;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES  RESOLVE AS FOLLOWS:   SECTION I. The above recitals are found to be true and correct in all respects.  7e. - Community and Economic Development Department recommends Page 21 of 41 RESOLUTION NO. ________ 2   SECTION II. The City Council hereby declares a moratorium upon the submission,  acceptance, processing or approval of any permit applications or licenses by or for new medical  marijuana establishments involved in the sale, use, growing, manufacture or processing of  medical marijuana.   SECTION III. The interim zoning control set forth in this resolution shall be in effect  through April 30, 2015, unless subsequently extended by the City Council pursuant to state law.   SECTION IV. A public hearing was held on October 27, 2014.   PASSED BY THE CITY COUNCIL this ________ day of _______________, 2014.               _______________________________          Jason A. Seth, City Clerk       APPROVED BY THE MAYOR this ________ day of _______________, 2013.               _______________________________          Denis Law, Mayor      Approved as to form:        _________________________________  Lawrence J. Warren, City Attorney    RES:1654:11/21/14:scr    7e. - Community and Economic Development Department recommends Page 22 of 41 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Insurance coverage and self-insured retention level changes Meeting: REGULAR COUNCIL - 08 Dec 2014 Exhibits: None Submitting Data: Dept/Div/Board: Human Resources Staff Contact: Nancy Carlson, Administrator, X7656 Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ see below Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Council approval is needed to change insurance coverage limits and retention levels, as directed in Risk Management Program Policy #300-65. The city submitted a tentative withdrawal from the Washington Cities Insurance Authority (WCIA) insurance pool in late 2013. In lieu of coverage being provided by WCIA, effective January 1, 2015, the city’s property and casualty insurance claims will be self-insured and self-administered, with commercial liability excess insurance being provided for losses in excess of the currently approved $250,000 per occurrence retention limit. Commercial insurance quotes obtained by the city’s Property & Casualty Insurance Broker of Record have shown that improved property and casualty coverage can be obtained with a combined overall annual savings of approximately $100,000. This annual savings is in excess of the estimated cost to contract with a Liability Claims Administrator. It is also recommended that the self-insured retention limit for property losses be increased to $100,000 per occurrence from the current $50,000 retention level. The retention level for auto physical damage will remain at $25,000 per occurrence. The city is already self-insured for workers’ compensation with a retention level of $500,000 per claim. A comprehensive self-insurance program allows the city to take advantage of insurance reserve funds, better utilize the City Attorney’s services for defense or defense referral, and secures the city’s final authority to settle claims that were previously fully controlled by WCIA. STAFF RECOMMENDATION: Risk Management recommends approval of withdrawal from WCIA; and that the city self-insures property and casualty losses within the approved self-insured retention limits, procures proposed excess insurance coverage, and increases the property self-insured retention level to $100,000 per occurrence. 7f. - Human Resources and Risk Management Department recommends Page 23 of 41 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON ACCEPTING APPLICATIONS FOR BUSINESS LICENSES OR PERMITS FOR MEDICAL MARIJUANA BUSINESSES AND ESTABLISHMENTS INVOLVED IN THE SALE, MANUFACTURE, DISTRIBUTION OR USE OF MEDICAL MARIJUANA; AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, state Initiative 697 legalized medical marijuana; and WHEREAS, a moratorium was established by Resolution No. 4199, on November 4, 2013, to provide the Planning Commission with a staff recommendation, and forward the Planning Commission's recommendation along with the staff's recommendation to the City Council; and WHEREAS, the moratorium was extended by Resolution No. 4211, on March 17, 2014, as the State Legislature had legislation regarding medical marijuana pending but the legislature failed to take meaningful action; and WHEREAS, there is no assurance that the State Legislature will take meaningful action in the 2015 session; and WHEREAS, such uncertainty means that the City needs to consider its own legislation controlling the medical marijuana businesses that wish to locate within the City; and WHEREAS, the City Council held a public hearing on October 27, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 9a. - Extending the moratorium for medical marijuana permitting and Page 24 of 41 RESOLUTION NO. SECTION II. The City Council hereby declares a moratorium upon the submission, acceptance, processing or approval of any permit applications or licenses by or for new medical marijuana establishments involved in the sale, use, growing, manufacture or processing of medical marijuana. SECTION III. The interim zoning control set forth in this resolution shall be in effect through April 30, 2015, unless subsequently extended by the City Council pursuant to state law. SECTION IV. A public hearing was held on October 27, 2014. PASSED BY THE CITY COUNCIL this day of , 2014. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2013. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1654:ll/21/14:scr 2 9a. - Extending the moratorium for medical marijuana permitting and Page 25 of 41 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE SUNSET AREA PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Findings. The Council finds as follows: A. The City is subject to the requirements of the Growth Management Act, RCW 36.70A ("GMA") and is located within an Urban Growth Area; B. The City has adopted a Comprehensive Plan complying with the GMA, and has amended the Comprehensive Plan to address transportation improvements and capital facilities specific to the Sunset Area; C. The City has adopted a Community Investment Strategy, development regulations, and design guidelines specific to the Sunset Area which will guide growth and revitalization of the area, including the Sunset Terrace public housing project; D. The City has prepared an Environmental Impact Statement (EIS) for the Sunset Area, supplemented by an addendum, that addresses the probable significant environmental impacts associated with the location, type, and amount of development anticipated in the Planned Action area; E. The mitigation measures identified in the Planned Action EIS, and attached to this ordinance as Attachment B, together with adopted City development regulations, will 1 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 26 of 41 ORDINANCE NO. adequately mitigate the probable significant adverse environmental impacts from development within the Planned Action area; F. Future projects in and around the Planned Action will protect the environment, benefit the public and enhance economic development; G. The public has meaningfully participated in the proposed Planned Action, during comment periods, meetings, and hearings, during and after the preparation ofthe EIS, and the City has modified the proposal or mitigation measures in response to some ofthe suggestions; H. The Sunset Area Planned Action is not an essential public facility as defined by RCW 36.70A.200(1); I. The Planned Action area applies to a defined subarea ofthe City boundaries; J. Public services and facilities are adequate to serve the proposed Planned Action area; K. A revised master plan for the Sunset Terrace area was submitted to the City on October 27, 2014; L. A National Environmental Policy Act (NEPA) Reevaluation, dated September 2014, as authorized by U.S. Department of Housing and Urban Development regulations, and an addendum pursuant to SEPA were prepared to consider the environmental effects of the revised Sunset Terrace master plan; and M. The City Council held a public hearing on December 8, 2014, regarding amendments to the Planned Action applicable to the Sunset Area in order to integrate the Reevaluation Alternative, outlined in the NEPA Reevaluation. 2 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 27 of 41 ORDINANCE NO. SECTION II. Procedures and Criteria for Evaluating and Determining Projects as Planned Actions. A. Planned Action Area. The Planned Action designation shall apply to the area shown in Attachment A. B. Environmental Document. A Planned Action determination for a site-specific implementing project application shall be based on the environmental analysis contained in the Draft EIS issued by the City on December 17, 2010, and the Final EIS published on April 1, 2011. and the NEPA reevaluation/SEPA addendum published on December 5, 2014. The Planned Action EIS shall consist of the Draft EIS, Final EIS, and the NEPA reevaluation/SEPA addendum. The mitigation measures contained in Attachment B are based upon the findings ofthe above- mentioned environmental documents and shall, along with adopted City regulations, provide the framework for the City's imposition of appropriate conditions on qualifying Planned Action projects. C. Planned Action Designated. Land uses and activities described in the Planned Action EIS, subject to the thresholds described in subsection II.D below and the mitigation measures contained in Attachment B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.031. A development application for a site-specific Planned Action project located within the Sunset Area shall be designated a Planned Action if it meets the criteria set forth in subsection II.D of this ordinance and applicable laws, codes, development regulations and standards ofthe City. 3 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 28 of 41 ORDINANCE NO. D. Planned Action Qualifications. The following thresholds shall be used to determine if a site-specific development proposed within the Sunset Area is contemplated by the Planned Action and has had its environmental impacts evaluated in the Planned Action EIS: (1) Land Use. (a) The following general categories/types of land uses are considered Planned Actions: Single family and multi-family residential; schools; parks; community and public facilities; office and conference; retail; entertainment and recreation; services; utilities; and mixed-use development incorporating more than one use category where permitted. (b) Individual land uses considered as Planned Actions shall include those uses specifically listed in RMC 4-2-060, Zoning Use Table - Uses Allowed in Zoning Designations, as permitted or conditionally permitted in the zoning classifications applied to properties within the Planned Action area provided they are consistent with the general categories/types of land uses in (l)(a). (2) Development Thresholds. (a) The following amount of various new land uses are anticipated by the Planned Action: Land Use Development Amount Alternative 3 / Reevaluation Alternative FEIS Preferred Alt Residential 2,506 units 2,339 units Schools 57,010 gross square feet 57,010 gross square feet Parks 0.25 -3.2 acres 3 acres Office/Service 776,805 gross square feet 745,810 gross square feet Retail 476,299 gross square feet 457,119 gross square feet 4 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 29 of 41 ORDINANCE NO. (b) The following infrastructure and utilities are considered planned actions: roadways, water, wastewater, and stormwater facilities identified and studied in the EIS. (c) Shifting development amounts between categories of uses may be permitted so long as the total build-out does not exceed the aggregate amount of development and trip generation reviewed in the EIS, and so long as the impacts of that development have been identified in the Planned Action EIS and are mitigated consistent with Attachment B. (d) The Renton Sunset Area Master Site Plan is included in Attachment C and is to be used as a conceptual guide to redevelopment in that portion of the Planned Action area, together with the land use studied in the NEPA reevaluation/SEPA addendum published on November 21, 2014, and the use allowances of the Renton Municipal Code. (e) If future development proposals in the Planned Action area exceed the development thresholds specified in this ordinance, further environmental review may be required pursuant to WAC 197-11-172, Planned actions—Project review. Further, if proposed development would alter the assumptions and analysis in the Planned Action EIS, further environmental review may be required. (3) Transportation - Trip Ranges and Thresholds. Inserted below are the new PM Peak Hour Trips anticipated in the Planned Action area: Alternative/Period PM Peak Hour Trips* 2006 2,082 trips 2030 Alternative 3 / Reevaluation 5,555 trips 5 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 30 of 41 ORDINANCE NO. Alternative/Period PM Peak Hour Trips* Alternative 2030 Preferred Alt 5,386 trips Net increase from 2006 -> 2030 Alternative 3 / Reevaluation Alternative 3,473 trips Net increase from 2006 -> 2030 Preferred Alternative 3,304 trips *all P.M. peak hour trips with at least one end (origin, destination, or both) in TAZs containing the study area Uses or activities that would exceed the range of maximum trip levels will require additional SEPA review. (4) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. E. Planned Action Review Criteria. (1) The City's Environmental Review Committee may designate as "planned actions", pursuant to RCW 43.21C.030, Guidelines for state agencies, local governments - Statements - Reports - Advice - Information, applications that meet all of the following conditions: (a) The proposal is located within the Planned Action area identified in Attachment A of this ordinance; (b) The proposed uses and activities are consistent with those described in the Planned Action EIS and subsection II.D of this ordinance; 6 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 31 of 41 ORDINANCE NO. (c) The proposal is within the Planned Action thresholds and other criteria of subsection II.D of this ordinance; (d) The proposal is consistent with the City of Renton Comprehensive Plan and applicable zoning regulations; (e) The proposal's probable significant adverse environmental impacts have been identified in the Planned Action EIS; (f) The proposal's probable significant adverse environmental impacts have been mitigated by application of the measures identified in Attachment B, and other applicable City regulations, together with any modifications or variances or special permits that may be required; (g) The proposal complies with all applicable local, state and/or federal laws and regulations, and the Environmental Review Committee determines that these constitute adequate mitigation; and (h) The proposal is not an essential public facility as defined by RCW 36.70A.200(1). (2) The City shall base its decision on review of a SEPA checklist, or an alternative form approved by the Department of Ecology, and review of the application and supporting documentation. (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a planned action, consistent with the requirements of RCW 43.21C.030, Guidelines for state agencies, local governments — Statements -- Reports — Advice - Information, WAC 197-11-164, Planned actions—Definition and criteria, and this ordinance. 7 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 32 of 41 ORDINANCE NO. F. Effect of Planned Action. (1) Designation as a planned action project means that a qualifying proposal has been reviewed in accordance with this ordinance and found to be consistent with its development parameters and thresholds, and with the Planned Action EIS's environmental analysis. (2) Upon determination by the City's Environmental Review Committee that the proposal meets the criteria of subsection II.D and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. G. Planned Action Permit Process. Applications for planned actions shall be reviewed pursuant to the following process: (1) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in RMC 4-8- 080.G and RMC 4-9, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. The decision of the Environmental Review Committee regarding qualification as a Planned Action shall be final. (2) Public notice and review for projects that qualify as Planned Actions shall be tied to the underlying permit. The review process for the underlying permit shall be as provided in RMC 4-8-080.G, Land Use Permit Procedures, and RMC 4-9 as modified by RCW 43.21C.440(3)(b). If notice, in addition to the requirements of RCW 43.21C.440(3)(b), Planned action — Defined — Authority of a county, city, or town — Community meetings, is otherwise required for the underlying permit, the notice shall state that the project has qualified as a 8 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 33 of 41 ORDINANCE NO. Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. (3) If a project is determined to not qualify as a Planned Action, the Environmental Review Committee shall so notify the applicant and require a SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements ofthe application that result in failure to qualify as a Planned Action. (4) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The Environmental Review Committee may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Planned Action EIS. SECTION III. Monitoring and Review. A. The City shall monitor the progress of development in the designated Planned Action area to ensure that it is consistent with the assumptions of this ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Sunset Area. B. This Planned Action ordinance shall be reviewed no later than five (5) years from its effective date by the Environmental Review Committee to determine the continuing relevance of its assumptions and findings with respect to environmental conditions in the Planned Action area, the impacts of development, and required mitigation measures. Based 9 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 34 of 41 ORDINANCE NO. upon this review, the City may propose amendments to this ordinance and/or may supplement or revise the Planned Action EIS. C. At the following time periods, the City shall evaluate the overall sustainability of the Sunset Area Planned Action area, defined in Attachment A, consistent with Final EIS Appendix A review of Goals and Objectives and LEED-ND qualitative evaluation, or an equivalent approach: (1) At the time ofthe five (5)-year review in subsection III.B above. (2) At the time of a NEPA re-evaluation pursuant to 24 CFR Part 58.53, for the Sunset Community Planned Action Area. D. The City shall conduct a Greenroads evaluation or its equivalent at the time the NE Sunset Boulevard design is at the 30% design level and at the 60% design level. E. The City shall review the Potential Sunset Terrace Redevelopment Subarea at the time ofthe five (5)-year review in subsection III.B in relation to the following evaluation criteria: (1) Contribution of final conceptual designs to 2030 Regional Vehicle Miles Travelled (VMT) consistent with Final EIS Table 3.2-4, Sunset Terrace Redevelopment Subarea Contribution to Forecast 2030 Regional VMT. (2) Changes in land use and population growth and resulting greenhouse gas emissions of final conceptual designs compared to Tables 3.2-5 and 3.2-6 of the Final EIS, titled respectively Assumed Land Use and Population Growth for Greenhouse Gas Emission Calculations—Potential Sunset Terrace Redevelopment Subarea and Comparison of Greenhouse Gas Emissions—Potential Sunset Terrace Redevelopment Subarea. 10 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 35 of 41 ORDINANCE NO. (3) Change in effective impervious area for Sunset Terrace Redevelopment Subarea compared with Final EIS Preferred Alternative and Alternative 3 which resulted in a decrease of approximately 0.51 acre (11%) to 1.07 acres (23%) compared to existing conditions as provided in Table 7 ofthe Planned Action ordinance Attachment B. SECTION IV. Conflict. In the event of a conflict between this ordinance or any imposed mitigation measure, and any City ordinance or regulation, the provisions of this ordinance shall control except that the provision of any Uniform Code shall supersede. SECTION V. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application be declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance or its application to any other person or situation. SECTION VI. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after its passage, approval and publication as provided by law. PASSED BY THE CITY COUNCIL this day of , 2014. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor 11 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 36 of 41 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1855:ll/24/14:scr 12 9a. - Establishing Sunset Area Planned Action (See 8.a.)Page 37 of 41 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 1-3-l.B OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE) OF THE RENTON MUNICIPAL CODE, ALLOWING FOR THE CITY'S USE OF THE SOUTH CORRECTIONAL ENTITY REGIONAL JAIL OR ANOTHER APPROPRIATE FACILITY FOR THE IMPOSITION OF JAIL TIME. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-l.B, Violations, of Chapter 3, Remedies and Penalties, of Title I (Administrative) ofthe Renton Municipal Code, is amended as follows: B. Violations: Any person convicted of a criminal violation of any section of the Renton Municipal Code shall be punished in accordance with RCW 9A.20.021(2) and (3), as now or hereafter amended, for gross misdemeanors and misdemeanors, with the exception that the imposition of jail time can be at any appropriate facility and is not limited to a county jail. Whenever a specific penalty or range of penalties has been established for a crime by the State Legislature and that crime has been incorporated into the Renton Municipal Code, either directly or by reference, then the penalty ranges established by the Legislature shall govern and this provision shall not be enforced. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) calendar days after publication. 1 9a. - Amend RMC 1-3-1.B (1st reading 12/1/2014)Page 38 of 41 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2014. Jason A. Seth, Acting City Clerk APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1847:10/23/14:scr 2 9a. - Amend RMC 1-3-1.B (1st reading 12/1/2014)Page 39 of 41 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 6-28-6.C OF CHAPTER 28, RACE ATTENDANCE, OF TITLE VI (POLICE REGULATIONS) OF THE RENTON MUNICIPAL CODE, UPDATING THE PENALTIES FOR VIOLATING A STAY OUT OF AREAS OF RACING ("SOAR") ORDER TO BE CONSISTENT WITH RMC 1-3-1. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 6-28-6.C of section 6-28-6, Violation of SOAR Orders, of Chapter 28, Race Attendance, of Title VI (Police Regulations) ofthe Renton Municipal Code, is amended as follows: C. A violation of subsection A of this section is a gross misdemeanor and shall be punishable consistent with the provisions of RMC 1-3-1, Criminal Penalties by a fine not to oxceod $5,000 or imprisonment not to exceed more than one year, or both. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) calendar days after publication. PASSED BY THE CITY COUNCIL this day of , 2014. Jason A. Seth, City Clerk 1 9b. - Amend RMC 6-28-6.C (1st reading 12/1/2014)Page 40 of 41 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1846:10/29/14:scr 2 9b. - Amend RMC 6-28-6.C (1st reading 12/1/2014)Page 41 of 41