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HomeMy WebLinkAboutPRE24-00002_Meeting SummaryPREAPPLICATION MEETING FOR El Pollo Loco PRE 24-000002 CITY OF RENTON Department of Community & Economic Development Planning Division February 8, 2024 Contact Information: Planner: Jill Ding, 425.430.6598, jding@rentonwa.gov Public Works Plan Reviewer: Yong Qi, 425-430-7439, yqi@rentonwa.gov Fire Prevention Reviewer: Corey Thomas, 425.276.9582, cthomas@RentonRFA.org Building Department Reviewer: Rob Shuey, 425.430.7290, rshuey@rentonwa.gov Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before formal submittal. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 8, 2024 June 20, 2011 TO: Jill Ding, Senior Planner FROM: Yong Qi, Civil Engineer III SUBJECT: EL Pollo Loco Restaurant 4225 NE 4th St, Renton, WA PRE24-000002 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have completed a preliminary review for the above-referenced proposal located at parcel # 9374000400. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. WATER COMMENTS 1. Water service is provided by the City of Renton. The site is within the Highlands 565 hydraulic pressure zone. The approximate static water pressure is 75 psi at a ground elevation of 392’. 2. There is an existing 8-inch City water main located in NE 4th Street that can deliver a maximum capacity of 2,000 gallons per minute (GPM) and Whitman Court NE that can deliver a maximum capacity of 1,800 gallons per minute (GPM) (Record Dwg: W-024005 and W-311105). There is an 8-inch City water main which has been extended into the subject property as part of the Whitman Court PUD (Record Dwg: W-377504). This line might need to be relocated if the proposed building location changes. 3. The following services are located within or adjacent to the subject property: a. There is an existing 1-inch irrigation line and meter within the property that was installed as part of the Whitman Court project (Facility ID No. MTR-018340) with an existing 1” DCVA that is currently active. b. There is an existing 1-inch domestic water service line and meter within the property that was installed as part of the Whitman Court project (Facility ID No. MTR-018339), but is not actively in use. c. There is an existing 1-inch irrigation line and meter (Facility ID No. MTR-017951) along Whitman Ct NE in the NE corner of the property line. El Pollo Loco Restaurant_PRE24-000002 Page 2 of 6 February 8, 2024 2 4. Based on the review of project information submitted for the pre-application meeting, in order to provide domestic and fire protection service to the development, developer constructed improvements will include but are not limited to: a. All commercial domestic water meters shall have a reduced pressure backflow assembly (RPBA) installed behind the meter on private property per City Standards. The RPBA shall be installed inside an above ground heated enclosure per COR Standard Plan 360.1. b. If fire sprinkler is required by fire authority, installation of a fire sprinkler stub with a detector double check valve assembly (DDCVA) is required for backflow prevention. The fire sprinkler stub and related piping shall be designed by a registered fire sprinkler/designer. The DDCVA shall be installed on the private property in an outside underground vault per city Standard Plan 360.2. The DDCVA may be installed inside the building if it meets the conditions as shown on the City’s standard plan 360.5 for the installation of a DDCVA inside a building. The location of the DDCVA inside the building must be pre-approved by the City Plan Reviewer and Water Utility. c. Installation of additional fire hydrants as determined by the RRFA. d. A hydrant is required within 50 feet of the building’s fire sprinkler system fire department connection (FDC) e. Installation of off-site and on-site fire hydrants may be required. The location and number of hydrants will be determined by the Fire Authority based on the final fire flow demand and final site plan. Below is a summary of the existing fire hydrants in the vicinity of the site. Please refer to the Fire Authority for fire hydrant requirements: i. One fire hydrant within the landscaping on the north side of NE 4th St to the northwest of the project site (Hydrant ID No. HYD-NE-00506); ii. One fire hydrant within the landscaping on-site of the southeast corner of the project site (Hydrant ID No. HYD-NE-01310); iii. One fire hydrant approximately 75’ south of the project site (Hydrant ID No. HYD- NE-01309). 5. Installation of a “Storz” adapter on the existing hydrants will be required, if they are not already equipped with one. a. A 15-ft wide utility easement is required for all on-site water mains, hydrants, meters and related appurtenances. 6. A conceptual utility plan will be required as part of the land use application for the subject development. 7. The development is subject to applicable water system development charges (SDC’s) and meter installation fees based on the number and size of the meters for commercial domestic uses. Current fees can be found in the 2024 Development Fees Document on the City’s website. Fees will be charged based on the rate at the time of construction permit issuance. a. The SDC fee for water is based on the size of the domestic water to serve the project. The current water fee is $4,850.00 per 1-inch meter. b. If the existing 1-inch water meter and service line is not reused, a new drop-in meter fee is $460.00 per 1-inch meter and water service installation is $2,875.00 per 1-inch service line. c. The full fee schedule can be found at: https://edocs.rentonwa.gov/Documents/Browse.aspx?id=8217302&dbid=1&repo=Cityo fRenton. El Pollo Loco Restaurant_PRE24-000002 Page 3 of 6 February 8, 2024 3 SEWER COMMENTS 1. Sewer service is provided by City of Renton. 2. There is an existing 24-inch PVC gravity wastewater main located in NE 4th Street (Record Dwg: S-050319). There is an 8-inch City sewer main which has been extended into the subject property as part of the Whitman Court PUD (Record Dwg: S-377509). There is an existing 6” sewer stub connected to the cleanout at end of the 8-inch sewer main onsite. 3. If relocated, the new sewer stub shall be a minimum of 6” and shall run at a slope of at least 2% to the main. The new sewer stub and side sewer shall conform to the standards in RMC 4-6-040 and City of Renton Standard Details. 4. If the onsite sewer main will not be used or is modified, the developer will need to abandon approximately 70 feet of the existing main j install a new sewer manhole. 5. If reused, the development will need to obtain a side sewer permit to connect into the existing 6-inch side sewer stub installed as part of the Whitman Court development. 6. Due to the proposed use of the commercial restaurant, a grease interceptor is required. The grease interceptor shall be sized based on drainage fixtures units in accordance with standards found in the latest edition of the Uniform Plumbing Code (UPC). The grease interceptor shall drain by gravity to the sewer main. The grease interceptor shall be located on site so that is accessible for routine maintenance. 7. The development is subject to a wastewater system development charge (SDC) fee. SDC fee for sewer is based on the size of the new domestic water to serve the project. Current fees can be found in the 2024 Development Fees Document on the City’s website. Fees will be charged based on the rate at the time of construction permit issuance. a. The current sewer fee is $ 3,650 per 1-inch meter, and $ 18,250 per 1-1/2-inch meter. b. Final determination of applicable fees will be made after the water meter size has been determined. c. The full fee schedule can be found at: https://edocs.rentonwa.gov/Documents/DocView.aspx?id=10593568&dbid=1&repo=Cit yofRenton. 8. The development is located within the East Renton Interceptor Special Assessment District and is subject to SAD Fees as part of the development. a. This SAD fee is currently assessed at $0.097 per square feet of commercial space. b. A credit of $316.80 SAD fees already paid per Whitman Court project can be applied. SURFACE WATER 1. There is an existing 18-inch storm drainage system in NE 4th Street (Record Dwg: R-311116). There is an existing 12-inch storm drainage system in Whitman Ct NE (Record Dwg: R-311117). There are private storm water mains and associated catch basins located in the development site installed as part of the Whitman Court project (U14003820). Runoff from the site flows into the conveyance system within the site and into the detention/wet pond (Facility ID No. 146769) located to the south of the subject property. 2. Refer to Figure 1.1.2.A – Flow Chart in the 2022 City of Renton Surface Water Manual (2022 RSWDM) to determine what type of drainage review is required for this site. A drainage study complying with the 2022 RSWDM will be required. Based on the City’s flow control map, the site falls within the City’s Flow Control Duration Standard area (Matching Forest Conditions). The site falls within the Lower Cedar River Basin and Maplewood sub-basin. 3. Drainage report and drainage plans based on 2022 RSWDM are required to be provided. El Pollo Loco Restaurant_PRE24-000002 Page 4 of 6 February 8, 2024 4 4. If the new plus replaced pollution generating impervious surface exceeds 5,000 SF, the applicant will be required to provide enhanced basic water quality treatment. Any proposed detention and/or water quality vault shall be designed in accordance with the 2022 RSWDM. Separate structural plans will be required to be submitted for review and approval under a separate building permit for the detention and/or water quality vault. Special inspection from the building department is required. 5. If the project proposes to use the existing south detention/wet pond to meet flow control requirements, applicant will need to provide a drainage study to indicate that the existing detention/wet pond is meeting the standards per 2022 RSWDM. Otherwise, a new detention facility or a modification of the existing pond is required. 6. Any new storm conveyance installed on or off-site shall be designed and sized in accordance with standards found in Chapter 4 of the 2022 RSWDM and shall account for the total upstream tributary area, assuming developed conditions for onsite tributary areas and existing conditions for any offsite tributary areas. 7. The applicant’s current building layout may conflict with existing utilities installed as part of the Whitman Court project. Applicant shall ensure that no building or structures shall be designed and built over these utilities or provide a new utility design that routes utilities away from the proposed building footprint. 8. Appropriate on-site BMPs satisfying Core Requirement #9 will be required to help mitigate the new runoff created by this development to the maximum extent feasible. On-site BMPs shall be evaluated as described in Section C.1.3 of the 2022 RSWDM. A preliminary drainage plan, including the application of on-site BMPs, shall be included with the land use application, as appliable to the project. The final drainage plan and drainage report must be submitted with th e utility construction permit. 9. The project area may be considered a high-use site. Therefore, in order to meet Special Requirement # 5 (Oil Control), the project may be required to provide oil control treatment (typically using an oil/water separator) for runoff of the high-use portion of the site before discharging to the public stormwater system or to the on-site stormwater facilities. 10. A geotechnical report for the site is required and shall be submitted with the land use application. Information concerning the soils, geology, drainage patterns, vegetation present, water table and soil permeability, with recommendations of appropriate on-site BMP options with typical designs for the site from the geotechnical engineer, shall be submitted with the application. The geotechnical report should include an on-site infiltration test to clearly show if the site is suitable or unsuitable for infiltration. 11. Erosion control measures to meet the City requirements shall be provided. 12. The current City of Renton Surface Water Standard Plans that shall be used in all drainage submittals. The current City of Renton Standard details are available online at the City of Renton website: https://edocs.rentonwa.gov/Documents/Browse.aspx?id=990403&dbid=0&repo=CityofRenton. 13. The development is subject to a surface water system development charge (SDC) fee. Fees will be charged based on the rate at the time of construction permit issuance. a. The 2024 Surface water system development fee is $0.92 per square foot of new impervious surface, but no less than $2,300.00. b. The full schedule can be found at: https://edocs.rentonwa.gov/Documents/DocView.aspx?id=10593568&dbid=1&repo=Cit yofRenton El Pollo Loco Restaurant_PRE24-000002 Page 5 of 6 February 8, 2024 5 TRANSPOTATION 1. In accordance with RMC 4-6-060, if the site improvements and/or proposed building additions exceed an overall valuation of $175,000, the project site(s) shall be required to meet the City’s Complete Streets Standards: a) NE 4th Street – The existing right-of-way width in NE 4th Street varies from 94 to 98 feet. This street has been identified as a Principal Arterial Road. To meet the City’s complete street standards of RMC 4-6-060, a six (6) lane Principal Arterial Roadway requires a ROW width of 113 feet. The half street improvements shall include a pavement width of 76 feet (38 feet from centerline including a 5-foot bike lane), a 0.5-foot curb, an 8-foot planting strip, an 8- foot sidewalk, 2-foot clear space at back of sidewalk, street trees and storm drainage improvements. Dedication of ROW width of 7.5 to 9.5 feet will be required pending final survey. i. However, an alternate street section has been designated for this section of NE 4th Street per City Transportation corridor improvement plan. The current existing curb to curb location of NE 4th Street is matching the alternate street section. The street improvements behind the curb along the south side of NE 4th Street are required, which shall include a 5’ planter strip and 5’ sidewalk. Dedication of ROW is required along the east section of frontage to accommodate the improvements. b) Whitman Ct NE – The existing right-of-way width in Whitman Ct NE is approximately 53 feet. This street has been identified as a Residential Access Road. To meet the City’s complete street standards for Residential Access Street, a minimum ROW width of 53 feet is required, a residential street shall have a right of way width of 53’ with a paved roadway width of 26’ consisting of 2 - 10’ travel lanes and 1 - 6’ parking lane, a 0.5’ curb, 8’ planter strip, and 5’ sidewalk on both sides of the roadway. Full frontage improvements and right-of-way dedication along the westside of Whitman Ct NE was completed as part of the Whitman Court development. 2. Refer to City code 4-4-080 regarding driveway regulations. 3. On site ADA ramps, curbing, sidewalk and parking lot improvements will be reviewed in conjunction with the civil construction permit and will require a grading plan consisting of spot elevations and slopes showing that ADA and City specifications are being met. 4. A traffic impact analysis is required when the estimated vehicular traffic generated from a proposed development exceeds 20 vehicles per hour in either the AM (6:00 – 9:00) or PM (3:00 – 6:00) peak periods. The analysis must include a discussion on traffic circulation to and from the site and onsite traffic circulation. The study shall include trip generation and trip distribution for the project for both AM and PM peak hours. 5. Paving and trench restoration shall comply with the City’s Trench Restoration and Overlay Requirements. 6. Undergrounding of all existing and proposed utilities is required on all frontages per RMC 4-6- 090. 7. The development is subject to transportation impact fees. Fees will be charged based on the rate at the time of building permit issuance. a. Unless otherwise noted on the fee schedule, the 2024 transportation impact fee is $8,031.94 per net new PM peak hour person vehicle trip. b. The full fee schedule can be found at: https://edocs.rentonwa.gov/Documents/DocView.aspx?id=10067870&dbid=1&repo=Cit yofRenton El Pollo Loco Restaurant_PRE24-000002 Page 6 of 6 February 8, 2024 6 GENERAL COMMENTS 1. All existing and proposed utility lines (i.e., electrical, phone, and cable services, etc.) along property frontage or within the site must be underground. The construction of these franchise utilities must be inspected and approved by a City of Renton inspector. 2. Adequate separation between utilities as well as other features shall be provided in accordance with code requirements: a. 7-ft minimum horizontal and 1-ft vertical separation between storm and other utilities is required with the exception of water lines which require 10-ft horizontal and 1.5-ft vertical. b. The stormwater line should be minimum 5 feet away from any other structure or wall or building. c. Trench of any utility should not be in the zone of influence of the retaining wall or of the building. 3. All civil construction permits for utility and street improvements will require separate plan submittals. All utility plans shall confirm to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. Please visit the Development Engineering Forms page for the most up-to-date plan submittal requirements: http://rentonwa.gov/business/default.aspx?id=42473 4. A landscaping plan and tree retention shall be included with the civil plan submittal. Each plan shall be on separate sheets. 5. Additional Building Permit Applications will be required for the following: a. Any retaining walls that exceed 4 feet in height, as defined by RMC 4-4-040. b. Detention vaults for storm water flow control. c. Demo of any existing structures on the project site(s). 6. Fees quoted in this document reflect the fees applicable in the year 2024 only and will be assessed based on the fee that is current at the time of the permit application or issuance, as applicable to the permit type. Please visit www.rentonwa.gov for the current fee schedule. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 8, 2024 TO: Pre-Application File No. PRE24-000002 FROM: Jill Ding, Senior Planner SUBJECT: El Pollo Loco – 4225 NE 4th St, Renton, WA 98059 Parcel No. 9374000400 General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision- makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, Development Engineering Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available online at https://www.codepublishing.com/WA/Renton. Project Proposal: The project site is located at the southwest corner of the intersection of NE 4th St and Whitman Ct NE at 4225 NE 4th St (Parcel No. 9374000400). The project proposal is to construct an approximately 2,600 square foot El Pollo Loco fast food restaurant with drive-thru and 25 surface parking spaces. The project site totals 0.73 acres (31,865 square feet) in area and is located within the Commercial Arterial (CA) zoning classification and Urban Design District D. Access is proposed via the existing driveway access off of Whitman Ct NE and NE 4th St. The City of Renton’s (COR) mapping system indicates that a wetland and a stream (Type Ns) are mapped offsite to the west of the project site. Current Use: The site is currently vacant. 1. Zoning /Land Use Designation, and Overlays: The subject property is located within the Commercial Arterial (CA) zoning classification in Urban Design District D. The purpose of the CA zone is to evolve from “strip commercial” linear business districts to business areas characterized by enhanced site planning and pedestrian orientation, incorporating efficient parking lot design, coordinated access, amenities and boulevard treatment with greater densities. The CA zone provides for a wide variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Eating and drinking establishments are an allowed use in the CA zone. Drive-through uses are permitted as an accessory use within the CA zone, provided: El Pollo Loco Page 2 of 10 February 8, 2024 • Where drive-in/drive-through service is proposed for an eating and drinking establishment, twenty-five percent (25%) of the total building area shall be dedicated to indoor seating to qualify the drive-through as accessory. • The drive-through component of the restaurant is permitted as an accessory use provided it’s located on the same lot with another building/use; or • Structurally integrated into another building/use; or • Located on its own lot with some amount of indoor customer seating to qualify the drive-through as “accessory” to the eating/drinking establishment. • When food and beverage related drive-in/drive-through services are proposed, an Administrative Conditional Use Permit is required. • When drive-through service is proposed for new construction or proposed via change of use of an existing building, businesses shall incorporate a walk-up window in the project design and/or part of the tenant improvements. An Administrative Conditional Use Permit would be required for the proposed drive-through window. Additionally, if the proposal includes a drive-through window, a walkup window would also be required. 2. Development Standards: The project would be subject to RMC 4-2-120A, “Development Standards for Commercial Zoning Designations” and District ‘D’ overlay area subject to “RMC 4-3-100, Urban Design Regulations” effective at the time of complete application. Minimum Lot Size, Width and Depth – For lots created after November 10, 2004 the minimum lot size is 5,000 square feet. There are no minimum requirements for lot width or depth. The existing 31,865 square foot lot meets the minimum lot size requirement. Setbacks – Setbacks are the minimum required distance between the building footprint and the property line and any private access easement or tract. Minimum Front Yard 15 ft. Maximum Front Yard 20 ft. Minimum Secondary Front Yard 15 ft. Maximum Secondary Front Yard 20 ft. Minimum Freeway Frontage Setback 10 ft. landscaped setback from the property line. Minimum Rear Yard None, except 15 ft. if lot abuts a lot zoned residential. Minimum Side Yard None, except 15 ft. if lot abuts or is adjacent to a lot zoned residential. Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. El Pollo Loco Page 3 of 10 February 8, 2024 The proposed building would exceed the maximum front and secondary front yard setback of 20 feet. The proposed site plan would need to be revised to comply with the required setbacks. Building Height – The maximum building height is 50 ft., except 70 ft. for vertical mixed use buildings (commercial and residential). Heights may exceed the Zone’s maximum height with a Conditional Use Permit. Building height shall not exceed the maximum allowed by the subject zoning district or the maximum allowed pursuant to RMC 4-3-020, Airport Related Height and Use Restrictions, whichever is less. No building elevations would included with the submitted pre-application materials, compliance with the maximum height requirements would occur at the time of formal and use review. Lot Impervious Surface Coverage – The CA zone allows a maximum lot coverage for buildings of 65 percent or 75 percent if parking is provided within a building or within an on-site parking garage. The building coverage appears to meet the 65 percent maximum. The building lot coverage requirements would be verified at the time of formal land use review. 3. Screening: Screening must be provided for all surface-mounted and roof top utility and mechanical equipment. The land use application will need to include elevations and details for the proposed methods of screening. 4. Refuse and Recycling Areas: All new developments for commercial uses shall provide on-site refuse and recyclable deposit areas and collection points for collection in compliance with RMC 4-4-090, Refuse and Recyclables Standards. These areas shall not be located within required setbacks or landscaped areas and shall not be located in a manner that hauling trucks obstruct pedestrian or vehicle traffic on-site or project into public right-of-way. In retail developments a minimum of five (5) square feet per every 1,000 square feet of building gross floor area shall be provided for recyclable deposit areas and a minimum of 10 square feet per 1,000 square feet of building gross floor area shall be provided for refuse deposit areas with a total minimum area of 100 square feet. Architectural design of the enclosure shall be consistent with the design of the primary building. Full compliance with the refuse and recycling standards (general and Urban Design) will be reviewed with the land use application. 5. Landscaping: With the exception of critical areas, all portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. Street Frontage Landscaping – Ten feet (10') of on-site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways. Street trees, selected from the City’s Approved Street Tree List, in the ROW planter will also be required. Landscaping may include hardscape such as decorative paving, rock outcroppings, fountains, plant containers, etc. Minimum planting strip widths between the curb and sidewalk are established according to the street development standards of RMC 4-6-060, Street Standards. Street trees and, at a minimum, groundcover are to be located in this area when present. Street trees shall be planted in the center of the planting strip between the curb and the sidewalk at the following intervals; provided, that, where right-of-way is constrained, irregular intervals and slight increases or decreases may be permitted or required. Additionally, trees shall be planted in locations that meet required spacing distances from facilities located in the right-of-way including, but not limited to, underground utilities, El Pollo Loco Page 4 of 10 February 8, 2024 streetlights, utility poles, traffic signs, fire hydrants, and driveways; such spacing standards are identified in the City’s Approved Tree List. Generally, the following spacing is required: i. Small-sized maturing trees: thirty feet (30') on center; ii. Medium-sized maturing trees: forty feet (40') on center; and iii. Large-sized maturing trees: fifty feet (50') on center. Internal Lot Landscaping – Surface parking lots with 15 to 50 stalls shall provide 15 square feet of internal lot landscaping for each parking stall. Any interior parking lot landscaping area shall be sized to dimensions of at least eight feet (8') by twelve feet (12'). Landscaping shall be dispersed throughout the parking area and shall include a mixture of trees, shrubs, and groundcover. Perimeter landscaping may not substitute for interior landscaping. Perimeter Parking Lot Landscaping – All parking lots shall have perimeter landscaping. Surface parking lots with more than fourteen (14) stalls shall be landscaped with plantings and trees. A conceptual landscape plan shall be provided with the land use application as prepared by a licensed Landscape Architect, a certified nurseryman or other certified professional. All landscaping shall meet the requirements of RMC 4-4-070, Landscaping. 6. Significant Tree Retention: When significant trees (greater than 6-inch caliper or 8-caliper inches for alders and cottonwoods) are proposed to be removed, a tree inventory and a tree retention plan along with an arborist report, tree retention plan and tree retention worksheet shall be provided with the formal land use application as defined in RMC 4-8-120. The tree retention plan must show preservation of at least 30% of significant trees. Please refer to RMC 4-4-130, Tree Retention and Land Clearing Regulations for further general and specific tree retention and land clearing requirements. In addition to retaining a minimum of 30% of existing significant trees, properties subject to an active land development permit shall comply with minimum tree credit retention requirements of a minimum of 30 credits per net acre. Tree credits encourage retention of existing significant trees with larger trees being worth more tree credits. TREE SIZE TREE CREDITS New small species tree 0.25 New medium species tree 1 New large species tree 2 Preserved tree 6 – 9 caliper inches 4 Preserved tree 10 – 12 caliper inches 5 Preserved tree 12 – 15 caliper inches 6 Preserved tree 16 – 18 caliper inches 7 Preserved tree 19 – 21 caliper inches 8 Preserved tree 22 – 24 caliper inches 9 El Pollo Loco Page 5 of 10 February 8, 2024 TREE SIZE TREE CREDITS Preserved tree 25 – 28 caliper inches 10 Preserved tree 29 – 32 caliper inches 11 Preserved tree 33 – 36 caliper inches 12 Preserved tree 37 caliper inches and greater 13 Significant trees shall be retained in the following priority order: Priority One: Landmark trees; significant trees that form a continuous canopy; significant trees on slopes greater than twenty percent (20%); significant trees adjacent to critical areas and their associated buffers; significant trees over sixty feet (60') in height or greater than eighteen inches (18") caliper; and trees that shelter interior trees or trees on abutting properties from strong winds, which could otherwise allow such sheltered trees to be blown down if removed. Priority Two: Healthy tree groupings whose associated undergrowth can be preserved; other significant native evergreen or deciduous trees; and other significant non-native trees. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained unless the alders and/ or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer. The Administrator may require independent review of any land use application that involves tree removal and land clearing at the City's discretion. The Administrator may authorize the planting of replacement trees on the site if it can be demonstrated to the Administrator's satisfaction that replacement requirements in RMC 4-4- 130H1e can be met. Tree retention standards shall be applied to the developable area, as defined in RMC 4-11- 040, Definitions D, of a property. A formal tree retention/planting plan and tree retention and tree credit worksheet prepared by an arborist or landscape architect would be reviewed at the time of the land use application. 7. Fences/Retaining Walls: Within commercial zones the maximum height of any fence, hedge, or retaining wall within the front yard and secondary front yard shall not exceed 48 inches (48”) in height within 15 feet (15’) of the front yard property line or within any part of the clear vision area. Chain link fencing shall be coated with black, brown, gray or green bonded vinyl. Fences, hedges and retaining walls shall not stand in or in front of any required landscaping. If a new or replacement fence is proposed within 15 feet (15’) of a public street on a site that is nonconforming to street frontage landscape requirements per RMC 4-4- 070F1, the site shall be brought into conformance. 8. Parking: A minimum and maximum of one (1) space per 75 square feet of dining area for drive through restaurants with sit down service. The drive-through facility shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. The applicant El Pollo Loco Page 6 of 10 February 8, 2024 would be required to submit a parking and stacking analysis at the time of formal land use application, demonstrating that the proposed restaurant would have sufficient parking and adequate stacking space for the drive-through. Stacking of vehicles into the right-of-way or neighboring townhome development would not be permitted. A twenty five percent (25%) reduction or increase from the minimum or maximum number of parking spaces may be granted for nonresidential uses through site plan review if the applicant can justify the modification to the satisfaction of the Administrator. In order for the reduction or increase to occur the Administrator must find that satisfactory evidence has been provided by the applicant. Parking Space Dimensions – The parking regulations specify standard stall dimensions of 9 feet x 20 feet, compact dimensions of 8½ feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. Up to 40 percent of stalls may be compact spaces designated for employee parking, and up to 30 percent of stalls may be compact spaces if designated for all users. The appropriate amount of ADA accessible stalls is based on the total number of spaces provided. All non-residential development that exceeds 4,000 gross square feet in size would also be required to comply with the bicycle parking requirements of RMC 4-4-080F.11. The number of bicycle parking spaces required would be based on 10% of the required number of off- street vehicle parking stalls. The proposed restaurant is less than 4,000 square feet and would not be required to provide bicycle parking. 9. Access: Access is proposed via the existing driveways off NE 4th St and Whitman Ct NE. Within the CA zone a connection shall be provided for site-to-site vehicle access ways to allow a smooth flow of traffic across abutting CA lots without a need to use a street. Access may comprise the aisle between rows of parking stalls, but is not allowed between a building and a public street. A drive through retail or drive through service use requires the drive-through facility to be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically, five (5) stacking spaces per window are required unless otherwise determined by the Community and Economic Development Administrator. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. 10. Driveways: Driveway width shall not exceed an aggregate of 40 percent (40%) of the street frontage. There shall be a minimum of 18 feet (18’) between driveway curb returns where there is more than one (1) driveway on property under single ownership or control and used as one premises. The width of any driveway shall not exceed 30 feet (30’). There shall be no more than one (1) driveway for each 165 feet (165’) of street frontage serving any one property. For each 165 feet (165’) of additional street frontage another driveway may be permitted. Joint use driveways reduce the number of curb cuts along individual streets and thereby improve safety and reduce congestion while providing for additional on-street parking opportunities. Joint use driveways should be encouraged when feasible and appropriate, particularly when there is existing underutilized parking proximate to a subject site. Maximum driveway slope shall not exceed eight percent (8%). The Administrator may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, El Pollo Loco Page 7 of 10 February 8, 2024 upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. The applicant is proposing to utilize the existing curb cuts off NE 4th St and Whitman Ct NE. Compliance with driveway standards will be reviewed with the land use application. 11. Urban Design Regulations: Compliance with Urban Design Regulations, District ‘D’, is required. The land use application shall provide a written narrative to identify how the project meets each applicable urban design regulation. Please refer the standards in their entirety at RMC 4-3-100. The following bullets are some, but not all, of the guidelines and standards outlined in the regulations. • Buildings shall be oriented to the street with clear connections to the sidewalk. • Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least four and one-half feet (4-1/2') wide (illustration below). Buildings that are taller than thirty feet (30') in height shall also ensure that the weather protection is proportional to the distance above ground level. • Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of four and one-half feet (4-1/2') wide along at least seventy five percent (75%) of the length of the building facade facing the street, a maximum height of fifteen feet (15') above the ground elevation, and no lower than eight feet (8') above ground level. • In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, include a roof and be screened around their perimeter by a wall or fence and have self-closing doors. Service enclosures shall be made of masonry, ornamental metal or wood, or some combination of the three (3). • Parking shall be located so that no surface parking is located between the building and the front property line and/or the building and the side property line along a street. Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. The proposed drive- through window would be required to be relocated to the interior of the project site. The proposed building would need to be located closer to the street with a corner plaza and a walk-up window. • A pedestrian circulation system of pathways that are clearly delineated and connect buildings, open space, and parking areas with the sidewalk system and abutting properties shall be provided. Pathways within parking areas shall be provided and differentiated by material or texture (i.e., raised walkway, stamped concrete, or pavers) from abutting paving materials. The pathways shall be perpendicular to the applicable building facade and no greater than 150-feet apart. Permeable pavement pedestrian circulation features shall be used where feasible, consistent with the Surface Water Design Manual. • Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. Amenities such El Pollo Loco Page 8 of 10 February 8, 2024 as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. • All building facades shall include modulation or articulation at intervals of no more than 40 feet. Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. • Any façade visible to the public shall be comprised of at least fifty percent (50%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). • At least one of the following elements shall be used to create varied and interesting roof profiles: extended parapets; feature elements projecting above parapets; projected cornices; or pitched or sloped roofs. • All buildings shall use material variations such as colors, brick or metal banding, patterns or textural changes. Materials shall be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre- finished metal, stone, steel, glass and cast-in-place concrete. • Pedestrian-scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down-lighting and decorative street lighting. Accent lighting shall also be provided on building facades (such as sconces) and/or to illuminate other key elements of the site such as gateways, specimen trees, other significant landscaping, water features, and/or artwork. 12. Critical Areas: According to COR Maps, a wetland and stream (Type Ns) are mapped to the west of the project site. The applicant would be required to submit a wetland report and stream study at the time of formal land use application. It is the applicant’s responsibility to determine whether any other critical areas are present on the site prior to formal land use application. 13. Environmental Review: The construction of a new commercial building with associated parking facilities designed for more than 20 automobiles would subject the application to Environmental Review in accordance with the State Environmental Policy Act WAC 197-11- 800. 14. Site Plan Approval: Per RMC 4-9-200, site plan review is required for any development in the CA zone. The purpose of the site plan review process is to analyze the detailed arrangement of project elements to mitigate negative impacts where necessary to ensure project compatibility with the physical characteristics of a site and with the surrounding area. Site plan review ensures quality development consistent with City goals and policies. Site plan review analyzes elements including, but not limited to, site layout, building orientation and design, pedestrian and vehicular environment, landscaping, natural features of the site, screening and buffering, parking and loading facilities, and illumination to ensure compatibility with potential future development. Decisional criteria for site plan approval are itemized in RMC 4-9-200.E.3. 15. Conditional Use Permit: Under the proposed regulations, the drive-through would be required to comply with the following criteria: El Pollo Loco Page 9 of 10 February 8, 2024 a. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. b. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. c. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. d. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. e. Parking: Adequate parking is, or will be made, available. f. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. g. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. h. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. 16. Permit Requirements: The proposed project would require Administrative Site Plan Review, an Administrative Conditional Use Permit, and Environmental (SEPA) Review. All land use permits would be processed within an estimated time frame of 6-8 weeks. The 2024 application fees are as follows: Administrative Site Plan Review is $3,030, Administrative Conditional Use Permit is $1,800, and SEPA Review (Environmental Checklist) is $1,800. A 5% technology fee would also be assessed at the time of land use application. All fees are subject to change. Detailed information regarding the land use application submittal can be found on the City’s Permit Center website. The City now requires electronic plan submittal for all applications. In addition to the required land use permits, separate construction and building permits would be required. 17. Public Information Sign: Public Information Signs are required for all Type II and Type III Land Use Permits as classified by RMC 4-8-080. Public Information Signs are intended to inform the public of potential land development, specific permits/actions being considered by the City, and to facilitate timely and effective public participation in the review process. The applicant must follow the specifications provided in the public information sign handout. The applicant is solely responsible for the construction, installation, maintenance, removal, and any costs associated with the sign. 18. Impact Fees: In addition to the applicable building and construction fees, impact fees would be required. Fees change periodically and the fees in effect at the time of building permit issuance would apply. For informational purposes, the 2023 impact fees are as follows: • A Fire impact fee for restaurant is currently assessed at $5.92 per square foot; and El Pollo Loco Page 10 of 10 February 8, 2024 • A transportation impact fee for fast food restaurant with drive-up service is currently assessed at $203.13 per square foot; The city’s 2023-2024 fee schedule is available for your review on the City’s website. 19. Next Steps: When the formal application materials are complete, the applicant shall have the materials pre-screened prior to submitting the complete application package. Please contact Jill Ding, Senior Planner at 425-430-6598 or jding@rentonwa.gov to submit prescreen materials and subsequent land use application. 20. Expiration: Once the Site Plan application has been approved, the applicant has two years to comply with all conditions of approval and to apply for any necessary permits before the approval becomes null and void. The approval body that approved the original application may grant a single two-year extension. The approval body may require a public hearing for such extension. It is the applicant’s responsibility to monitor the expiration dates. CITY OF RENTON, WASHINGTON ORDINANCE NO. 6127 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING - SUBSECTIONS 4-2-060.1,4-2-080.A.19,4-2-080.A.26, 4-2-080.A.27,4-2-080.A.31, 4-2-080.A.34, 4-2-080.A.80, 4-2-080.A.81, 4-11-040.MM, SECTIONS 4-11-030, 4- 11-050,4-11-060,AND 4-11-230 OF THE RENTON MUNICIPAL CODE;AMENDING REGULATIONS FOR EATING AND DRINKING ESTABLISHMENTS, FOOD RELATED DRIVE-THROUGH SERVICE, AND DEFINING NEW TERMS, INCLUDING COFFEE STAND, COMMISSARY KITCHEN, AND WALK-UP WINDOW; AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 14, 2023, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS,the Planning Commission held a public hearing on August 2, 2023, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-2-060.1 of the Renton Municipal Code, is amended as shown in Attachment A. 1 ORDINANCE NO. 6127 SECTION III. Subsection 4-2-080.A.19 of the Renton Municipal Code, is amended as follows: 19. Reserved. Where drive-in/drive-through service is proposed for an eating and drinking establishment, twenty-five percent (25%) of the total building area shall be dedicated to indoor seating to qualify the drive-through as accessory. SECTION IV. Subsections 4-2-080.A.26 through 4-2-080A.27 of the Renton Municipal Code, are amended as follows: 26. Reserved. In the CA Zone, commissary kitchens shall only be allowed to operate as an accessory use except that commissary kitchens may operate as a principal use provided that they meet the following conditions: a. the business is open to the public with designated hours, and b. merchandise is available for consumption on-site or off premises. 27. Reserved. In the CO Zone, commissary kitchens may operate as a principal use when west of Rainier Avenue South/SR-167. SECTION V. Subsection 4-2-080.A.31 of the Renton Municipal Code, is amended as follows: 31. Reserved. When the proposed location of a commissary kitchen abuts or is adjacent to a lot zoned residential, an Administrative Conditional Use Permit shall be required. SECTION VI. Subsection 4-2-080.A.34 of the Renton Municipal Code, is amended as follows: 2 ORDINANCE NO. 6127 34. Reserved In the RMF Zone, eating and drinking establishments shall only be permitted when located on streets classified as a principal arterial. Drive-in and drive-through services are prohibited. SECTION VII. Subsection 4-2-080.A.80 of the Renton Municipal Code, is amended as follows: 80. Specified use(s) are permitted provided the use is: a. Located on the same lot with another building/use; or b. Structurally integrated into another building/use; or c. Located on its own lot with some amount of indoor customer seating to qualify the drive-through as "accessory" to the eating/drinking establishment. d. When a food and beverage related drive-in/drive-through services are proposed, an Administrative Conditional Use Permit is required. SECTION VIII. Subsection 4-2-080.A.81 of the Renton Municipal Code, is amended as follows: 81. Reserved. a. When drive-through service is proposed for new construction or proposed via change of use of an existing building, businesses shall incorporate a walk-up window in the project design and/or part of the tenant improvements. If there are practical difficulties with including a walk-up window, the applicant may propose an alternative that meets the intent and purposes of pedestrian oriented development. The proposal shall be reviewed for consideration and approval by the Administrator. 3 1 ORDINANCE NO. 6127 b. :The: number of standalone walk-up :window establishments shall be limited to three (3) locations in the City Center and five.(5) locations citywide. . . . Eating and drinking establishments may..operate a walk-up window as an accessory:use with an approved.Administrative Conditional Use Permit. . : SECTION IX. Section 4-11-030 of the Renton Municipal Code; is amended as:follows: 4-11-030 DEFINITIONS C: . .. A. CALIPER::The diameter of any tree trunk as measured at a:height of four and one-half feet (4,1/21:above the ground on the upslope side;of the tree. :: Cal i ex Tree Trunk, 4 li?On Up Side afScpe : Ground Level B.' 'CANOPY, BUILDING:A rigid multi-sided structure covered with fabric,:.: metal or other :material and supported by a building:at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of supporting building is not included within the definition of building canopy. CAR: See VEHICLE.'. D. CAR WASH:'A structure with machine-operated or:hand-operated facilities used principally for the cleaning, washing, polishing,or:waxing of motor vehicles. 4: ORDINANCE NO. 6127 E. CARD ROOM: A use governed pursuant to the provisions of chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. F. CARETAKER'S RESIDENCE: A dwelling unit located on the site of a nonresidential use and occupied only by a caretaker or guard employed on the premises, and consisting of only one residence per permitted establishment. G. CARPOOL:A group of people traveling to the same or relatively nearby locations in the same vehicle. H. CARPORT:A roofed structure, enclosed on less than three sides, without interior parking aisles, for the purpose of storing motor vehicles. I. CEMETERY: Property used for interring of the dead. This definition includes accessory buildings, crematories, and mausoleums. J. CENTER, EMPLOYMENT: An area of higher intensity uses that typically employ thousands of people that is contained by a boundary to prevent it from encroaching on adjacent areas and/or neighborhoods. K. CERTIFIED:A facility and staff qualified and able to provide certain tests and measurements relating to specific tasks and based upon established standards. L. CHANNEL MIGRATION ZONE:The area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural 5 ORDINANCE NO. 6127 and normally occurring hydrological and related processes when considered with the:char'acteristics of the river and its surroundings. M. CIRCULATION: The movement of passengers or goods to, from, over, or, along a transportation corridor. . N: CITY COUNCIL:The City Council of the City of Renton, Washington. O. CITY GOVERNMENT OFFICES; Offices for- City administration and or provision of services to the public.This definition includes but is not limited to City Hall. P. CIVIL ENGINEER: A professional engineer registered in the State to practice in the field of civil.works. O CLEAR VISION AREA: The area bounded by the street property lines:Of: corner lots and;a line joining:points along said Street lines twenty feet (20') from their point of intersection: pF sariP rse + min M...., ,,,...,.,..s,..,.,:. ..r,.,.,.. +s.r. . 1e't 1+ s i a THE MAXIMUM HEIGHJ FOR ANY.STRUCTURE OR PLw1NTIN1;IN THE CLEAR VISION. AREA SHALL BE 42:FICHES . . R. CLOSED RECORD APPEAL: An administrative appeal on the record: to: a: local government:body or officer:including the legislative body, following an open 6. ORDINANCE.NO..6127: .. . record hearing on a project permit-application when:the appeal is::on the:record with no or limited new evidence or information allowed to be submitted and only: appeal:argument allowed. S. CLOSURE OF UNDERGROUND STORAGE.FACILITIES: See RMC.4-5-120G. T.. CLUSTER DEVELOPMENT: A :residential subdivision comprised of =;a:' grouping of single family.dwellings on small, lots designed to include significant open space or preserve significant natural features; which are commonly held by the residents, in exchange for modifications:to certain 'development standards. e.g., lot dimensions, setbacks, and building standards).. U. COFFEE STAND: A retail business serving primarily coffee, beverages, and: : other related goods and merchandise, typically for off-site consumption by the traveling public..This definition excludes eating and.drinking establishments and walk-up windows. V. COLLECTION POINT: In multiple family residences, commercial, industrial and: other nonresidential developments, the exterior location designation for 7 . ORDINANCE NO. 6127 garbage and recyclables collection by the City's contractor or other authorized haulers. W. COLLECTOR STREET: See STREET, COLLECTOR. X. COMBINED PUBLIC DETENTION: A stormwater detention system designed to accommodate runoff from both public streets and private property. Y. COMBINED SEWER: See RMC 4-6-100. Z. COMMERCIAL LAUNDRIES: A facility where clothing or other fabrics are washed, dried, or dry cleaned for other businesses or institutions. This definition does not include laundromats. AA. COMMERCIAL USE:A type of land use that includes commercial office activities, services and/or retail sales. BB. COMMISSARY KITCHEN: A facility providing leasable commercial kitchen space where food operators prepare, store, portion, or package food, typically intended for offsite sale and consumption. Facilities are typically shared among two or more tenants and may be utilized to fulfill mobile-food orders associated with platform-based food-delivery services. Operations may occur as a primary use or as an accessory use to an eating and drinking establishment, as governed by the underlying zoning designation. CC.COMMON SPACE AREA (COMMON AREA, COMMON OPEN SPACE, COMMON SPACE): Land that is designed and intended for common use or enjoyment and may include such structures and improvements as are necessary and appropriate. 8 ORDINANCE NO. 6127 DD. COMMUNICATION BROADCAST AND RELAY TOWERS: Establishments that provide point-to-point communication services, whether by wire or radio, including radio and television broadcasting stations and the exchange or recording of messages. This definition excludes all terms related to wireless communication facilities. EE. COMMUNITY ACCESS: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.)A means of physical approach to and/or along the shoreline available to the residents, tenants, customers, patrons, guests, and/or other authorized users of a development. Community access may also include space set aside for outdoor recreation including: picnic areas, view points, water craft launch facilities, and may also include other similar features. FF. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR:The Administrator of the Department of Community and Economic Development or designee. GG. COMMUNITY HEALTH ENGAGEMENT LOCATION (CHEL): A location designed to provide a hygienic environment where individuals are able to consume illegal or illicit drugs intravenously or by any other means. A CHEL includes all uses established or activities undertaken for the above-defined purpose, irrespective of how the use or activity is described. A CHEL may also be referred to as a medically supervised injection center, supervised injection site or facility, safe injection site, fix room, or drug consumption facility. 9 ORDINANCE NO. 6127 HH. COMPACTION:The densification of an earthen fill by mechanical means. II. COMPENSATION PROJECT: Actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, installation, monitoring and contingency actions. JJ. COMPENSATORY MITIGATION: Replacing project-induced wetland losses or impacts, including, but not limited to wetlands restoration and creation, and wetland enhancement in conjunction with wetlands restoration or creation. KK. COMPLETE APPLICATION: Unless waived by the Community and Economic Development Administrator, the requirements for a full complete land use, building, or public works permit application shall consist of the information listed in RMC 4-8-120A, B and C, any site-specific information identified in a pre- application meeting summary, and any required application fee pursuant to the City of Renton Fee Schedule. LL. COMPREHENSIVE PLAN:The plans, maps and reports that comprise the official development plan and twenty (20) year "vision" for the future physical design and character of the City as adopted by the City Council in accordance with chapter 35.63 RCW. MM.CONCEPTUAL PLAN: A development tool designed to provide a comprehensive overview of proposed uses, site layout, infrastructure concepts, phasing and amenities. A conceptual plan approval establishes conditions with which all concurrent and subsequent land use approvals within its geographic area 10 ORDINANCE NO. 6127 must comply, unless the conceptual plan itself is amended. It also provides long- term guidance for a larger area than either master plan or detailed site plan review was intended for, so that continuity of the overall development is maintained. NN. CONDITIONAL USE, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use, development, or substantial development which is classified as a conditional use or is not classified within the applicable Master Program. 00. CONDOMINIUM: Real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners,and unless a declaration and a survey map and plans have been recorded pursuant to chapter 64.32 RCW. PP.CONDOMINIUM CONVERSIONS:The filing of a declaration pursuant to the Horizontal Property Regimes Act, of the sale by a developer of condominium units that were previously rental units. qCI` CONFERENCE CENTERS: Facilities where large gatherings of people converge to meet on a variety of subjects.These facilities are characterized by one large space where exhibits are set up and numerous adjoining meeting rooms. This definition excludes sports arenas, auditoriums, and exhibition halls. RR.CONGREGATE RESIDENCE: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and 11 ORDINANCE NO. 6127 cooking for occupancy for other than a family.A congregate residence may include a boarding house, but does not include a group home I or II, convalescent center, jail, hotel, motel or secure community transition facility. SS. CONSERVANCY: A Shoreline Master Program land use designation identifying an area to be managed in essentially its natural state while providing for a moderate to low intensity of land uses surrounding the area. TT. CONSTRUCTION ACTIVITIES: Construction and all activities associated with construction, to include, but not be limited to, construction, remodeling, repair, and maintenance of structures, equipment, roads, and utilities; mining; grading; landfilling; and excavating. Construction activities may be regulated by permits issued by the City including, but not limited to, public works construction permits, building permits, and mining, excavation, and grading permits and licenses. UU. CONSTRUCTION/CONTRACTOR'S OFFICE: An area where a construction contractor maintains its office, as well as storage for equipment and materials, for the construction and landscaping trades. VV.CONSTRUCTION WASTE: Solid waste resulting from the building or renovation of buildings, roads and other human-made structures. Construction waste includes, but is not limited to, materials such as plasterboard, cement, dirt, wood, and brush. 12 ORDINANCE NO. 6127 WW.CONTAINMENT DEVICE:A device that is designed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground. XX.CONTAMINANT: See RMC 4-6-100. YY.CONTIGUOUS PROPERTIES: Properties sharing a property line. ZZ. CONTINUOUS MONITORING: See RMC 4-5-120G. AAA.CONVALESCENT CENTER:A facility licensed by the State for patients who are recovering health and strength after illness,or injury,or receiving long-term care for chronic conditions, disabilities, or terminal illnesses. Facilities provide twenty-four (24) hour supervised nursing care and feature extended treatment that is administered by a skilled nursing staff. Typically, residents do not live in individual units and the facilities provide personal care, room, board, laundry service, and organized activities. This definition does not include adult family homes, assisted living, group homes II, medical institutions, and/or secure community transition facilities. BBB. CONVERTED BUILDING: Any condominium or cooperative which formerly contained rental dwelling units. CCC. COOPERATIVE: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: (a) is owned by an association organized pursuant to the Cooperative Association Act chapter 23.86 RCW); or(b) is owned by an association with resident shareholders who are granted renewable leasehold interests in housing units in the building. 13 ORDINANCE NO. 6127 DDD.COOPERATIVE UNIT:Any dwelling unit in a cooperative. EEE. COPY: The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. FFF. CORNER LOT: See LOT TYPES; Lot, Corner. GGG.CORRIDOR:A strip of land forming a passageway between two (2) otherwise separate parts. HHH.COTTAGE HOUSE DEVELOPMENT: A unit-lot subdivision consisting of at least three (3) unit lots containing small scale (no more than one thousand five hundred (1,500) gross square foot) detached, single-family dwelling units clustered around a shared common open space. III. COUNTY AUDITOR:As defined in chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. JJJ. COVID-19 DEINTENSIFICATION SHELTER: A facility (whether a separate structure, or situated inside or outside a building or a portion of a building) used for the relocation of homelessness shelters and encampments for the purposes of de-intensifying or reducing density in response to the novel coronavirus (COVID- 19) pandemic. A COVID-19 deintensification shelter that meets the definition of a homeless services use —overnight shelter— is both a COVID-19 deintensification shelter and a homeless services use—overnight shelter. KKK. CRITICAL AREAS: Wetlands, aquifer protection areas, fish and wildlife habitat,frequently flooded and geologically hazardous areas as defined by the Growth Management Act and RMC 4-3-050, Critical Area Regulations. 14 ORDINANCE NO. 6127 LLL. CRITICAL FACILITY: A facility for which even a slight chance of flooding, high geologic hazard, or inundation in the areas of flood hazard or volcanic hazard might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and facilities that produce, use or store hazardous materials or hazardous waste. MMM. CRITICAL HABITAT or CRITICAL WILDLIFE HABITAT: Habitat areas associated with threatened, endangered, sensitive, monitored, or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species would maintain and reproduce over the long term. See also RMC 4-3- 050K. NNN.CROSS CONNECTION: See RMC 4-6-100. 000. CUL-DE-SAC: A vehicular turn-around at the end of a dead end street. PPP. CULTURAL FACILITIES: Facilities which offer passive entertainment and enjoyment activities to the general public. This definition includes, but is not limited to, museums and libraries. This definition excludes adult entertainment businesses, dance halls; dance clubs; religious institutions; and gaming/gambling facilities. QQQ. CURB: A vertical curb and gutter section constructed from concrete. 15 ORDINANCE NO. 6127 SECTION X. Subsection 4-11-040.MM of the Renton Municipal Code, is amended as follows: MM. DRIVE-IN/DRIVE-THROUGH RETAIL OR SERVICE: A business or a portion of a business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a motor vehicle. In some instances, customers may need to get out of the vehicle to obtain the product or service. This definition shall include but not be limited to drive-in/drive-through services at eating and drinking establishments, fast-food restaurants, espresso coffee stands, and banks and pharmacies. This definition excludes vehicle service and repair, vehicle fueling stations, and car washes. SECTION XI. Section 4-11-050 of the Renton Municipal Code, is amended as follows: RMC 4-11-050 DEFINITIONS E: A. EARLY NOTICE: See RMC 4-9-070P. B. EARTH MATERIAL:Any rock, natural soil or fill and/or any combination thereof. C. EASEMENT:A grant by the property owner for the use or protection of a piece of land by the public, corporation, or persons for specific purposes. Al. Easement, Access:An easement created for the purpose of providing vehicular or pedestrian access to a property. 16 ORDINANCE NO. 6127 42. Easement, Conservation: An easement held by the City, a public or nonprofit entity approved by the City, or by the property owner for the express purpose of protecting and conserving critical areas and their buffers. D. EATING AND DRINKING ESTABLISHMENT: A retail establishment selling providing indoor dining service where food and/or drink are prepared and sold for consumption on the premises or for take-out;nclud ing acccccory on cite food repar-atien. This definition includes, but is not limited to, restaurants, cafes, fast food restaurants, and microbrew establishments. This definition excludes coffee stands, taverns; mobile food vending;, fast food; entertainment clubs; dance club% and/or dance halls. Eating and drinking establishments may also provide accessory on-site food preparation for use by other food related businesses, including but not limited to catering companies, mobile food vendors, and market merchants. E. ECONOMIC DEVELOPMENT: A development which provides a service, produces goods or a product, retails a commodity, or emerges in any other use or activity for the purpose of making financial gain. F. EDUCATION INSTITUTION, HIGHER, OTHER:A public or private school, college or university that provides post-secondary professional education and/or continuing education programs. This definition does not include trade or vocational schools, K-12 educational institutions, or arts and crafts schools and studios. 17 ORDINANCE NO. 6127 G. EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), EXISTING K-12:An existing public or private school encompassing grades K-12. H. EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), NEW K-12: A new public or private school encompassing grades K-12. I. ELECTRICAL POWER GENERATION AND COGENERATION: Electrical power generation is the production of electricity for consumption by facilities on site or in a district. Electrical power cogeneration is the simultaneous production of electricity and useful heat from the same fuel or energy or the use of a production by-product to generate power. Facilities with cogeneration systems use them to produce their own electricity, and use the unused excess (waste) heat for process steam, hot water heating, space heating, and other thermal needs.They may also use excess process heat to produce steam for electricity production. J. EMERGENCIES:Actions that must be undertaken immediately or within a time frame too short to allow full compliance with this Title to avoid an immediate threat to public health or safety, to prevent an imminent threat of serious environmental degradation. K. ENGINE OR TRANSMISSION REBUILD, INDUSTRIAL: An operation which rebuilds, reconditions, or customizes engines or transmissions which are sold to vehicle service and repair operations or to individual customers for installation into vehicles off site. L. ENGINEERING GEOLOGIST: See GEOTECHNICAL ENGINEER. 18 ORDINANCE NO. 6127 M. ENGINEERING GEOLOGY:The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. N. ENGINEERING GEOLOGY REPORT: See GEOTECHNICAL REPORT. O. ENHANCEMENT ACTIVITIES: Removal of noxious or intrusive species, plantings of appropriate native species and/or removal of diseased or decaying trees which pose a clear and imminent threat to life or property. Enhancement activities shall not involve the use of mechanical equipment. Enhancement activities may include the removal of pests which pose a clear danger to public health; provided, that such danger is certified by the King County Department of Public Health. P. ENTERTAINMENT CLUB:Any facility where live entertainment including but not limited to live theater; dance performances; musical performances;- comedy routines; book/poetry readings; and other forms of live entertainment are conducted. This definition excludes adult entertainment businesses; movie theaters; dance clubs; dance halls; taverns; and eating and drinking establishments. ENTERTAINMENT/MEDIA RENTALS: A business consisting of rental of entertainment media including but not limited to videos, DVDs, and video games. This definition includes accessory retail sales of entertainment media as well as foodstuff. This definition does not include adult retail uses. 19 ORDINANCE NO. 6127 it R. ENVIRONMENTAL REVIEW COMMITTEE(ERC):The Environmental Review Committee, as defined by RMC 4-9-070D, is the SEPA Responsible Official Authority. S. EROSION:The wearing away of the ground surface as a result of the movement of wind, water and/or ice. T. ESSENTIAL HABITAT: Habitat necessary for the survival of federally listed threatened, endangered, and sensitive species and state listed priority species. U. EVICTION:Any effort by a property owner and/or developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means. V. EXCAVATION: The mechanical removal of earth material. I W. EXISTING LEGAL USE:The use of a lot or structure at the time of enactment of a zoning or other land use regulation. X. EXOTIC:Any species of plants or animals that are not indigenous to the planning area. SECTION XII. Section 4-11-060 of the Renton Municipal Code, is amended as follows: RMC 4-11-060 DEFINITIONS F: A. FACILITY: (For purposes of aquifer protection area regulations contained in RMC 4-3-050, Critical Areas Regulations.) All contiguous land within an APA, structures, other appurtenances, and improvements on the land and operations therein including, but not limited to, business, government, and institutional activities where hazardous materials are stored, handled, treated, used or 20 ORDINANCE NO. 6127 produced in quantities greater than the de minimis amounts specified in RMC 4- 9-015, Aquifer Protection Area Permits. B. FAMILY:Any number of related individuals, or not more than four (4) unrelated individuals, living together as a single household. C. FARMERS MARKET:A public market at which farmers and often other vendors sell agricultural produce, which includes the sale of flowers directly to consumers. D. FAST FOOD RESTAURANT: ^ restaur „t „ ying detached s+ + identified her„ „ „br„„d that offers to a d I h „r ti loan adyertir g fr., chi r hi ffili do d hit + I O I p C O yy ll cl 71 I 1p C I l7TIT7TGC7V'TrOT7CrR-Cp7 7pfaKZ rC7 TCCC tiY1ZiT than one neighborhood „„d is to or + .J I+ i„..I .J .J th I, r An eating or drinking establishment, in which the manner of preparation, packaging, and service of the product enables its consumption outside the restaurant, and which has most of the following characteristics: quick food service is offered; food is already prepared and held for service or able to be prepared quickly; identified by a name brand that offers a standard menu, typical business operation logo, advertising franchise ownership or affiliation; food is generally served in disposable wrappings or containers and with disposable utensils; and orders are not generally taken at a customer's table. This definition excludes espresse coffee stands. 21 ORDINANCE NO. 6127 E. FEASIBLE (with regard to application of the Surface Water Design Manual in RMC 4-6-030): An LID best management practice that is considered capable of implementation following consideration of the Surface Water Design Manual infeasibility criteria. Provided, an LID best management practice is not feasible if it would conflict with requirements of federal or state law, zoning district design criteria, public health and safety, transportation regulations, regulations protecting tree species, a local code or rule adopted as part of a Wellhead I Protection Program established under the Federal Safe Drinking Water Act, or a local code or rule adopted to protect a Critical Aquifer Recharge Area established under the State Growth Management Act. F. FEATURE, KEY:A distinctive element of a site, development, or building that provides a defining characteristic, style, or functionality of a development, such as prominent architectural elements, environmental amenities (e.g., creek crossing, retained tree stands),or prominent design features(e.g., promenades or site entries). G. FENCE:An outdoor physical and/or visual barrier, railing, or other upright structure erected above ground and separating an area of ground. For the purpose of administering this Title, a wall shall be considered to be a fence unless the wall resists the lateral displacement of soil or other materials, in which case it shall qualify as a retaining wall. H. FILL: A deposit of earth material placed by artificial means. I. FINAL PLAT: See PLAT, FINAL. 22 ORDINANCE NO. 6127 J. FIRE CHIEF:The Fire Chief or Chief Administrative Officer Of the Renton Regional Fire Authority. K. FIRE DEPARTMENT:The Renton Regional Fire Authority. L. FIRE FLOW:The measure of the sustained flow of available water for fire fighting at a specific building or within a specific area at twenty (20) pounds per square inch residual pressure. M. FIRE MARSHAL: The City of Renton Fire Marshal or his/her designee. N. FLAT: See DWELLING, ATTACHED. O. FLOOD or FLOODING: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters, and/or b. The unusual and rapid accumulation of runoff of surface waters from any source, and/or c. Mudslides (i.e., mudflows)which are proximately caused by flooding as defined in subsection lb of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by 23 ORDINANCE NO. 6127 an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection la of this definition. P. FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood waters. U FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS). R. FLOOD INSURANCE RATE MAP (FIRM):The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). S. FLOOD INSURANCE STUDY:The official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary- floodway map and the water surface elevation of the base flood. T. FLOOD, ONE HUNDRED (100) YEAR:The maximum flood expected to occur during a one-hundred (100) year period. U. FLOOD PROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that 24 ORDINANCE NO. 6127 have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. V. FLOODPLAIN or FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source. See FLOOD or FLOODING. W. FLOODPLAIN ADMINISTRATOR: The community official designated by title to administer and enforce the floodplain management regulations. X. FLOODWAY: The channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." RCY,Tf'la'Vtt Y. FLOODWAY: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually. The floodway shall not include those lands that can reasonably be expected to be protected by flood control devices maintained by or maintained 25 ORDINANCE NO. 6127 under license from the Federal government, the State, or a political subdivision of the State. Z. FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of a building measured from the exterior face of each wall. r 1 1 s i i LOBBY n 1 1 1 I 1 HALLWAY 1 1 1 IrTHPtakIO HALLWAY 1 1 1 1 i 1 Net hoor Area J Gross Floor Area AA. FLOOR AREA, NET: The total of all floor area of a building, excluding stairwells, elevator shafts, mechanical equipment rooms, interior vehicular parking or loading, and all floors below the ground floor, except when used for human habitation or service to the public. BB. FLOOR AREA RATIO: The gross floor area of all buildings on a lot divided by the lot area. CC. FLOOR, GROUND: The floor located at or near the adjacent grade or public right-of-way. DD. FLOWER/PLANTS AND FLORAL SUPPLY: A business involving the retail sale of flowers, house plants, and associated floral supplies. 26 ORDINANCE NO. 6127 EE. FRANCHISE RETAIL ARCHITECTURE (OR GENERIC OR CORPORATE ARCHITECTURE): Consists of site layout, buildings, and signs for businesses usually large format, chain, or franchise retail establishments) that are the same style, color, and material regardless of location. Typically, the employees wear uniforms and the products or food are the same in every facility. FF. FRONT YARD: See YARD REQUIREMENT. GG. FUEL DEALERS: Wholesale distribution of fuels with associated bulk fuel storage. HH. FUELING STATION, VEHICLE: See VEHICLE FUELING STATIONS. II. FULFILLMENT CENTER:A building used primarily for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials) prior to their distribution to retail customers, retail locations, or other warehouses. A typical fulfillment center has a high level of on-site automation and logistics management. Fulfillment centers are generally characterized by a significant storage function and direct distribution of ecommerce product to end users.These facilities usually handle smaller packages and quantities than other types of warehouses, and operations at these facilities often include employees fulfilling online orders by picking, packing, and shipping the goods and materials directly to online retail customers. These qualities, large scale, and volume of goods moved directly to home customer delivery differentiate it from other kinds of warehouse distribution. This definition . excludes warehousing, and warehousing and distribution. 27 ORDINANCE NO. 6127 JJ. THE FEDERAL WATER POLLUTION CONTROL ACT OF 1956 (FWPCA):See RMC 4-6-100. SECTION XIII. Section 4-11-230 of the Renton Municipal Code, is amended as follows: RMC 4-11-230 DEFINITIONS W: A. WALL PLATE: A horizontal member built into or laid along the top of a wall to support and distribute the pressure from joists, rafters, etc. B. WALK-UP WINDOW: A retail service window that, by design, is intended for pedestrians and typically sells food and beverage for either on-or off-premises consumption. C. WALL PLATE HEIGHT:The vertical distance from the grade plane of a site to the top of one or more wall plates of a building located thereon. D. WAREHOUSING: A use located wholly within a building engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery. The definition includes data centers, but excludes bulk storage, hazardous material storage, self-service storage, warehousing and distribution, fulfillment centers, wholesale retail, and vehicle storage. E. WAREHOUSING AND DISTRIBUTION: A use engaged in storage and distribution of manufactured products, supplies, and equipment. This use excludes hazardous material storage, indoor storage,outdoor storage,self-service storage,vehicle storage, and warehousing, storage, or distribution for commercial laundry operations within the Downtown Business District. 28 ORDINANCE NO. 6127 F. WASTE RECYCLING AND TRANSFER FACILITIES: Facilities for the collection of solid waste for either recycling or transfer to a landfill or disposal facility. This definition includes but is not limited to concrete and construction material recycling operations. G. WATER AUTHORITY: The City of Renton Water Utility, or any other municipal or quasi-municipal entity distributing water to fire hydrants within the City of Renton. H. WATERCOURSE: See RMC 4-6-100. I. WATER-DEPENDENT USE: Referring to uses or portions of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. J. WATER-ENJOYMENT USE: Referring to a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water- enjoyment use, the use must be open to the general public and the shoreline- oriented space within the project must be devoted to the specific aspects of the 29 ORDINANCE NO. 6127 use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to the shorelines of the State; and general water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels, riverwalk developments, and multiple use commercial/office/residential developments; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the Shoreline Master Program. K. WATER-ORIENTED USE: "Water-oriented" refers to a use that is water- dependent, water-related, water-enjoyment, or a combination of such uses. L. WATER-RELATED USE: Referring to a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because: 1. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost, professional services serving primarily water-dependent activities and storage of water-transported foods. 30 ORDINANCE NO. 6127 Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. M. WELL: A pit or hole dug into the earth to reach an aquifer. N. WELL FIELD: An area which contains one or more wells for obtaining a potable water supply. O. WELLHEAD PROTECTION AREA: See AQUIFER PROTECTION AREA. P. WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a wetland from adverse impacts to its functions and values. Buffers are designated areas abutting a regulated wetland which protect the wetland from changes in the location of the wetland edge. Wetland buffers minimize the short and long term impacts of development on properties abutting wetlands, preserve important wildlife habitat, allow for infiltration and water quality improvement, protect buildings, roads and other infrastructure as well as property owners from flood damage in years of high precipitation. g, WETLAND CATEGORY: A classification system used for the purpose of regulating wetlands in the City. The criteria for determining a wetland's category are listed in RMC 4-3-050. R. WETLAND CREATION (OR ESTABLISHMENT):The manipulation of the physical, chemical, or biological characteristics present to develop a wetland that 31 ORDINANCE NO. 6127 did not previously exist on an upland or deepwater site. Establishment results in a gain in wetland acres. S. WETLAND, DISTURBED: Wetlands meeting the following criteria: 1. Are characterized by hydrologic isolation, hydrologic alterations such as diking, channelization, and/or outlet modification; and 2. Have severe soils alterations such as the presence of large amounts of fill, soil removal and/or compaction of soils. T. WETLAND EDGE:The boundary of a wetland as delineated using the Corps of Engineers Wetlands Delineation Manual. U. WETLAND, EMERGENT: A regulated wetland with at least thirty percent 30%) of the surface area covered by erect, rooted herbaceous vegetation as the uppermost vegetative strata. V. WETLAND ENHANCEMENT:The manipulation of the physical, chemical,or biological characteristics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve specific function(s) or for a purpose such as water quality improvement, flood water retention or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland function, but does not result in a gain in wetland acres. This term includes activities commonly associated with the terms "enhancement," "management," manipulation," and "directed alteration." 32 ORDINANCE NO. 6127 W. WETLAND, FORESTED:A vegetation community with at least twenty percent (20%) of the surface area covered by woody vegetation (trees) greater than twenty feet (20') in height. X. WETLAND, IN-KIND COMPENSATION: To replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. Y. WETLAND, ISOLATED: Those regulated wetlands which: 1. Are outside of and not contiguous to any one hundred (100) year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. Z. WETLAND,OFF-SITE COMPENSATION:To replace wetlands away from the site on which a wetland has been impacted by a regulated activity. AA.WETLAND, ON-SITE COMPENSATION:To replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. BB.WETLAND PROTECTION/MAINTENANCE:The removal of a threat to, or preventing decline of, wetland conditions by an action in or near a wetland. Includes 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 the term "preservation." Protection/maintenance does not result in a gain of wetland acres or function. CC.WETLAND, REGULATED: See RMC 4-3-050. 33 ORDINANCE NO. 6127 DD. WETLAND RESTORATION:The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: 1.Re-establishment:the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former wetland. Re-establishment results in rebuilding a former wetland and results in a gain in wetland acres. 2.Rehabilitation:the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions of degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland acres. EE. WETLAND, SCRUB-SHRUB: A regulated wetland with at least thirty percent (30%) of its surface area covered by woody vegetation less than twenty feet (20') in height at the uppermost strata. FF. 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 swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, 34 ORDINANCE NO. 6127 wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. GG. WETLANDS, NEWLY EMERGING: 1. Wetlands occurring on top of fill materials; and 2. Characterized by emergent vegetation, low plant species richness, and used minimally by wildlife. These wetlands are generally found in the Black River Drainage Basin. HH. WHOLESALE RETAIL: See "Retail, Wholesale." II. WILDLIFE HABITAT: An area characterized by wildlife that forage, nest, spawn, or migrate through in search of food or shelter. JJ. WIRELESS COMMUNICATION FACILITIES—TERMS RELATED TO: Al.Antenna:Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. 42.Antenna, Amateur Radio (also called ham radio):A device that picks up or sends out radio frequency energy used for purposes of private recreation, noncommercial exchange of messages, wireless experimentation, self-training, and emergency communication. The term "amateur" is used to specify persons interested in radio technique solely with a personal aim and without pecuniary interest, and to differentiate it from commercial broadcasting, public safety(such 35 ORDINANCE NO. 6127 as police and fire), or professional two (2) way radio services (such as maritime, aviation, taxis, etc.). 63. Antenna Array: A group of antennas connected and arranged in a regular structure to form a single antenna that is able to produce radiation patterns not produced by individual antennas. 04. Antenna, Panel:Transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees (3601. 65. Antenna, Vertical Monopole Amateur Radio:A type of amateur radio device consisting of a single vertical element constructed of wire, aluminum, or fiberglass without any attached horizontal antennas. This definition does include associated guy wires attached not more than halfway up the monopole for anchoring purposes.This definition does not include amateur radio antennas with any more than a single vertical element (e.g., tower or lattice-type amateur radio antennas). 66. Base Station: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.The term does not encompass a tower as defined herein nor any equipment associated with a tower. "Base station" includes, without limitation: la. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 36 ORDINANCE NO. 6127 2b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small cell networks). ac. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this Section, supports or houses equipment described in subsections F1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City under this Section, does not support or house equipment described in subsections F1 and 2 of this definition. 67. Collocation:The mounting of antennas and related equipment on an existing support structure by more than one wireless communications provider. 148. Compound:The leased or owned property upon which all elements of a WCF reside,which is demarcated with security fencing. 49. Eligible Facilities Request: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: la. Collocation of new transmission equipment; 2b. Removal of transmission equipment; or 37 ORDINANCE NO. 6127 3. Replacement of transmission equipment. 110. Eligible Support Structure: Any tower or base station as defined in this Section; provided, that it is existing at the time the relevant application is filed with the City. K11. Equipment Cabinet: A mounted case with a hinged door used to house equipment for utility or service providers. L12. Equipment Shelter:A room or building used to house equipment for utility or service providers (also known as a base station). M13. Equipment Structure: A facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. "Associated equipment" may include, for example, air conditioning, backup power supplies and emergency generators. N14. FAA: The Federal Aviation Administration, which maintains stringent regulations for the siting, building, marketing and lighting of cellular transmission antennas near airports or flight paths. 015. FCC:The Federal Communication Commission, which regulates the licensing and practice of wireless, wireline, television, radio and other telecommunications entities. P16. Microcells: A wireless communication facility consisting of an antenna that is either: 38 ORDINANCE NO. 6127 la. Four feet (4') in height and with an area of not more than five hundred eighty (580) square inches; or 213. If a tubular antenna, no more than four inches (4") in diameter and no more than six feet (6') in length. 17. Pole Extender: A pole extender is a device that extends a utility pole or similar structure, the material of such structure being wood, composite, or otherwise,to the maximum height as permitted under this Title,without requiring the entire structure to be replaced, such that a small cell wireless facility may be located at the top of said structure and meet any required clearances as dictated by the structure owner. R18. Radome: A plastic housing sheltering the antenna assembly. S19. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. T20. Satellite Dish: A microwave dish typically used for receiving television transmissions from at least one orbiting satellite. 4421.'Service Provider: Is defined in accordance with RCW 35.99.010(6). Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services. V22. Small Cell Facility:A personal wireless services facility that meets both of the following qualifications: 39 ORDINANCE NO. 6127 la. Each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and 2b. Primary equipment enclosures are no larger than seventeen (17) cubic feet in volume.The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, and cutoff switch. W23. Small Cell Network: A collection of interrelated small cell facilities designed to deliver personal wireless services. X24. Support Structure: A structure used to support wireless communication antennas and related equipment, either as its primary use or as an accessory use. Support structures include, but are not limited to, towers, existing buildings, water tanks, signs, and light fixtures. 3(25.Tower: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site. Types of towers include, but are not limited to: 40 ORDINANCE NO. 6127 4a. Guyed Tower: A freestanding or supported wireless communication support structure that is usually over one hundred feet (100')tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. ab. Lattice Tower: A self-supporting wireless communication support structure that consists of metal crossed strips or bars to support antennas and related equipment. 3c. Monopole I:A freestanding support structure less than sixty feet 60') in height, erected to support wireless communication antennas and connecting appurtenances. 4d. Monopole II:A freestanding support structure sixty feet (60') or greater in height, erected to support wireless communication antennas and connecting appurtenances. 6e. Stealth Tower:A freestanding support structure that is disguised as a natural or built object typically appearing in the natural or urban landscape and is primarily erected to accommodate wireless communication facilities. Examples include, but are not limited to, manmade trees, freestanding signs, flagpoles, light fixtures and clock towers. Z26. WCF: See Wireless Communication Facility (WCF). AA27. Wireless Communication Facility (WCF):An unstaffed facility for the transmission and reception of low-power radio signals usually consisting of an equipment shelter or cabinet(s), a support structure, antennas and related 41 ORDINANCE NO. 6127 equipment, generally contained within a compound. For purposes of this Title, a WCF includes antennas, support structures and equipment shelters, whether separately or in combination. 828. Wireless Communication Facility, Camouflaged:A wireless communication facility that is typically affixed to the facade of an existing structure that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that integrates and disguises the WCF with the building by matching architectural elements, colors, materials, etc. CG29. Wireless Communication Facility, Concealed: A wireless communication facility that is incorporated into an existing structure,that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that completely hides the WCF within the existing structure or within an addition to the existing structure that is architecturally compatible. 0030. Wireless Communication Facility, Temporary: A self-contained, portable telecommunications facility that can moved to a location and set up to provide wireless services on a temporary or emergency basis.Temporary wireless communication facilities are not deployed in a permanent manner, do not have a permanent foundation, may be vehicle mounted, and generally contain a telescoping boom as the antenna support structure. An example of a temporary wireless communication facility is a "cell-on-wheels" or COW. KK.WRECKING YARD,AUTO: A facility for the dismantling or wrecking of used motor vehiclesor trailers, or the storage, sale, or dumping of dismantled or 42 ORDINANCE NO. 6127 wrecked vehicles or their parts, including the repair of wrecked vehicles, consistent with chapter 46.80 RCW. SECTION XIV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or . regulations;or ordinance numbering and section/subsection numbering and references.The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION XV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XVI.This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the 11th of December, 2023. J son A. Se City Clerk APPROVED BY THE MAYOR this 11th of December, 2023. Armondo Pavone, Mayor 43 ORDINANCE NO. 6127 Approved as to form: pF R 1-ry 2 ti Shane Moloney, City Attorney SEAL _ * 1 4- Date of Publication: 12/14/2023 (Summary) A° TEosE916.``` Ord-CED(D229):2269:11/22/2023 44 ATTACHMENT A AMENDMENTS TO RMC 4-2-060.1 (ZONING USE- RETAIL) RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 I:..RETAIL' Adult retail use P P P P P P P12 RMC 4-3-010) Wholesale retail Iz Fes} P79 Coffee stand80-81 AD AD AD AD AD AD AD82 AD82 Commissary P P P AC AC P26 AC P27 AC AC AC kitchen' Drive-in/drive- AC80 AC80 AC80 AC80 AC61 AC80 AC61 AC82 AC82 through, retai119` 80 Eating and P1 P1 P1 P1 P1 P1 P1 AD33 AD34 P29 P P P22 P61 P P61 P12 P82 P82 P82 drinking establishments80' 81 Fast food g29. P6-1 g P8a re re rrestaa u rra nts RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RIM IL IM IH CN CV CA CD CO COR UC-1 UC-2 Horticultural AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD nurseries, existing Horticultural AD AD29 nurseries, new Marijuana retail AD P AD P21 P82 P82 RMC 4-1-250) Mobile food P10 P10 P10 P10 P10 P10 P10 P10 P10 P23 P23 P23 P10 P23 P23 P23 P23 P10 P10 P10 vending Retail sales AD33 AD AC AC AC P22 P P P P54 P21 P82 P82 Retail sales, P15 P30 P30 P30 P15 P15 P15 P15 P15 outdoor Taverns AD P20 AD P21 P82 P82 Vehicle sales, P29 P29 P29 P29 large Vehicle sales, P P P P68 small Walk-up AD1 AD1 AD1 AD1 AD1 AD1 AD1 AD33 AD33 AD AD AD AD AD AD AD AD AD AD AD windows' RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 Wholesale retail P P P P29 P79 P79