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OFFICE OF THE CITY ATTORNEY RENTON,WASHINGTON
12161 0
(-) 0, 0 RENTON WASHINGTON 98053 255-8878
POST OFFICE BOX 828, 100 2nd AVENUE BUILDING r
O��I �Q GERARD M.SHELLAN,CITY ATTORNEY LAWRENCE J.WARREN, ASSISTANT CITY ATTORNEY
TEo sEP��' July 22, 1975
Honorable David C. Hunter, judge
Superior Court of King County
Room W7b9 King County Courthouse
Seattle, WA 9810 .
Res Shell Oil vs City o.f Penton
Cause No. 786059
Dear. Judge Fainter:
On behalf of the City. of,.Renton we are enclosing herewith
original' and one copy of the City's "Progress Report by
City of Renton;. Request for Additional .Tie pending
Public Hearing and Legislative Action" , together with
Exhibit' "A" for your consideration.
We are forwarding simultaneously herewith copies of- said
documents to Mr. Wes Hodge, Esq. , who has also previously
received copies of said draft. ,
A public hearing on this matter is now- sat before the City
Council, after public meetings thereon before the Planning
Commission, for July 21, 19752 and due to the fact there have
been various amendments , it would appear likely that such
hearings should be continued in the best public interest
to give all parties adequate notice and time to study this
somewhat complex issue.
We would assume that you would favorably consider such a
request for extension and that your bailiff will set a date
for the final hearing before you. If biro Hodge has any
objections to this request, he will undoubtedly get in touch
with me and we can then argue the matter before you at a
mutually agreeable time.
Thanking you for your courteous co7seration, I remain,
spe!t ully yours,
erard M. Shallan
GPI ds •N- «,
Inc.
it
cc: Mr. Wesley Ho e Ek
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5 0 )
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6 TN THE SUPERIOR COURT OF)TITS STATE OF WASHINGTON FOR KING COUNTY
. 7 SHELL OIL CONPANY, INC. , ) . .
a Delaware corporation, )
8 Plaintiff ) NO. 786059 9 vs )) PROGRESS REPORT BY CITY OF RENTON;
•
10 THE CITY OF RENTON, ) REQUEST FOR ADDITIONAL TIME PENDING
WASHIIGTON, municipal ) PUBLIC HEARING AND LEGISLATIVE
11 corporation ) ACTION
12 Defendant ) -
)
13 )
14
15 CONES NOW the CITY OF RENTON, a municipal corporation, the
16 abovecaptioned defendant, and respectfully submits to the court
•
17 as follows : . .
18 I
19 Findings of Fact and Conclusions of Law ware duly entered
20 in the above cause under date of May 28, 1975, which, among
21 others, provided as follows :
22 . "The City of Renton should prepare Such written .
standards within sixty (60) days or to show cause .
23 why additional time should be necessary to complete
such work, in which case a progress report should be
24 submitted within such sixty day period. Such written
standards should be established to apply to all
25 applicants under Section 4-713(b) (13) of the City' s
Code but need not be established for the other uses
• . 26 specified under Section. 4-713(b) ."
27
28
29 II
•
30 Prior to and ever since the entry of said Findings of Fact • .
31 and Conclusions of Law, the City has been engaged in the
32 preparation of. such written standards , including the employment
PROGRESS REPORT SHELLAN. PAIN a SWANSON
ATTORNEYS AT LAW
- 100 SO.SECOND ST.BLDG.,P.O.BOX 62
. P. 1 RENTON, WASHINGTON 98055
ALPINE 5-8678
t
l of certain experts, preparing studies, surveys, public hearings
2 and various amendments and revisions of such proposed written
3 standards, as a result of public input; attached hereto,
4 labeled Exhibit "A", is a compilation of the various drafts,.
5 revisions and amendments relative to the adoption of written
6 standards relating to bulk storage facilities; copies of which
7 have also heretofore been furnished unto Plaintiff' s counsel
8 of record and other interested parties.
9
10
11 III
12 That public meetings and hearings have been held before
13 the Planning Commission and the City's legislative body, including
14 a public hearing before the latter body commencing on July 21, 1975.
15
16 That it would be in the best public interest to extend
17 the time for consideration and adoption of such written standards ,
18 as decreed by the above court, for at least thirty (30) days
19 in order to all interested parties to be adequately and extensively
20 heard thereon.
21
22
23
24 WHEREFORE the CITY prays for an extension of not less than
25 thirty (30) days to allow further consideration of the, final
26 adoption by the City's Council of written standards as hereinabove
27 set forth, and to thereafter furnish unto this court and
28 plaintiff's attorney of record true and correct copies of such
29 ordinances as may be adopted by the Legislative body of the City.
30 DATED July 22, 1975.
31 Reytfully submitted,
32 'Carr £ti , 3 a' an, ty Attorney
PROGRESS REPORT / SHELLAN, PAIN at SWANSON
ATTORNEYS AT LAW
IGO SO.SECOND ST.BLDG..P.O.BOX as,
Pager 2 RENTON. WASHINGTON 98055
ALPINE 5-8578
U
OFFICE OF THE CITY ATTORNEY . RENTON,WASHINGTON
PrDST.OFFICB BOX 626. 100 2nd AVENUE BUILDING • RENTON,WASHINGTON 88055 233-B878
1A IO'
0 GERARD M.SHELLAN,CITY ATTORNEY LAWRENCE J.WARREN, ASSISTANT CITY ATTORNEY
lTF0 SEPIt‘.1 January 5 , 1976
Honorable Avery Garrett, Mayor -
and Members of-the Renton City Council
Renton, WA 98055
Re: Shell Oil Company vs City of Renton
King County Superior Court #796059
Gentlemen :
On Saturday morning, January 3 , 1976 , the undersigned received Judge
Hunter's written Memorandum Decision dated January 2 , a true copy
being attached hereto for your information.
Since this litigation commenced more than 16 months ago , it is
appropriate to present you with a'Ibird -eye"view and summary of the
proceedings up to date. Shell Oil Company's original complaint, upon
commencement of the action, alleged that their proposed plant is a
permitted and lawful use under City laws , and that no "special permit"
for such plant should be required. Both of these positions were denied
by the court during the 'trial in March and April of 1975 . In addition ,
Shell alleged that its right to the zoning and a building permit had
vested and that it had complied with SEPA and that furthermore the
court should issue a "Writ of Mandamus" authorizing construction of
the plant , and again, all of these_ requests were denied by the court
heretofore. The court , however, concurred with. Shell' s allegation
that the City's action in imposing certain standards or conditions
were arbitrary and capricious inasmuch as they had not been reduced to
writing and adopted by ordinance.
Therefore , the matter was remanded to the City and ever since City
forces have been working on the Bulk Storage •Regulations finally
adopted by the City Council on September 5 , 1975 , and now identified
as Ordinance No. 2962.
Thereupon Shell attacked the provisions of the ordinance on various
' issues , which were then finally narrowed down to the requirements of
having automatic fire suppression systems servicing such plant , the
necessity for additional catastrophe dyke , besides the dyke required
by the National Codes , and above all, a newly imposed and novel control
of hydrocarbon emissions which would limit the amount from any one
facility in order to safeguard' the air quality.
All of you realize that the matter of emission control , which in our
ordinance limits same to 100 tons per annum from any one facility , is
an entirely novel conce.t, which, as far as we know , has not been
pursued by any other a , , nI •lAWcy this country, whether it
be federal, state or `".c -. ng , .h ar= entirely new concept there
is
Page 2
January 5 , 1976 .
Hon. Mayor and City Council
were no precedents in point to rely on or to argue in support of.
The general idea of a governmental unit to prohibit the operation and
maintenance of a ,facility which emits a: substance that may be
harmful in conjunction, with other's is a highly complex and technical.
one with almost as riany_ expert opinions as there are experts in this
field! This was amply demonstrated during the last trial in
December of 1975 , which lasted for a week, and resulted in highly
conflicting testimony by various experts on these issues , and in
addition, produced a very voluminous record of exhibits containing
statistical data, findings.,;.',governmental rules and regulations ,
existing and proposed', many- of which were inconsistent with each other.
The enclosed Judge' s Memorandum Decision dated January 2 , 1976 speaks
for itself. However, of importance to the City are the following
parts of the opinion: - .
A. Contrary to Shell-'.s allegation made at the most recent trial
that the City was engaged in some kind of "conspiracf or ,"vendetta..
against said Company,, the, court concluded that the City had more than
complied with the court' s Order of last spring to formally formulate
standards for the construction of bulk petroleum storage units , and
that it did not act arbitrarily and capriciously in the preparation of
this ordinance. The voluminous record that was kept by the City ,
• including the many drafts of the proposedordinance , the many meetings
held before the City Council and its Committees , made that point quite
clear.
B. Shell vigorously, through its experts , opposed the mandatory
requirement for automatic fire suppression systems for this facility ,
claiming that it was not required by any existing Code , .is not
commercially available , and has never been used in any other facility.
The court held to the contrary and felt that reasonable minds could
differ on the need for any such system, and for that reason the City
was justified in requiring such an automatic system.
C. The Judge did not agree with the provision of our ordinance
that required an additional catastrophe dyke over and above the one dyke
now required by the Uniform Fire Code. It was felt by the court that
there was no testimony of any person with expertise in this matter to
conclude that this was a reasonable requirement for the safety of
adjoining property owners . In this respect the Judge felt the City
acted arbitrarily but further indicated that he will hear further
arguments as to the proper remedy to be afforded the Shell Oil Company
on this one issue.
Page 3
January 5 , 1976
Hon. Mayor and, City Council
D. The most important area of dispute between the parties is the
question of emission of hydrocarbons and the controls thereof.
This , all of the parties without exception, believe to be the crux
of the battle and which consumed most of the trial time. It was
an issue vigorously fought by Shell Oil Company by reason of its
precedent-setting nature that conceivably could be followed by other
communities and would result in very substantial change of plans to
a petroleum distributing company, not to mention very substantial
additional costs. In any event , the Judge held in favor of the City
on this issue believing that it had acted sincerely and in good faith
to meet this problem in combatting further pollution within the City
and the Green River Valley.
As far as the undersigned is concerned, this case, without doubt , was
one of the most complicated and difficult ones to try since we were
obviously-"plowing: new ground"in an area surrounded by much confusion ,
emotion, extremim and reluctance by some oil companies to pursue a
more flexible and up-to-date attitude ! Personally I have enjoyed the
challenge of this contest , although, as a personal aside , it was made
more complicated due to the fact that my wife was hospitalized for
cancer surgery during the same time that this matter was tried before
Judge Hunter in December. Although the Judge was willing to grant a
continuance for this reason, it was felt by all concerned that we
should proceed with the solution to the problem and avoid further delays.
Our next step is for us to prepare proposed Findings of Fact , Conclusions
of Law and a Judgment and Decree that will then be presented to Judge
Hunter to finalize this part of the case.
Once the Judgment has been entered the Shell Oil Company will have 30
days in which to appeal to a higher court. It is , of course , impossible
to conjecture what the Company may do hereafter. Some of the more
obvious alternatives would be ,as I argued during the trial , that Shell
may build a smaller plant within its property that could meet all the
requirements of our ordinance ; or establish another petroleum storage
facility in another part of the Puget Sound area; or build a smaller
plant initially that would meet our requirements and as technology
progresses , hopefully, enlarge the same as long as the City standards
are met;. or finally, to abandon its plans to build completely or to
take the matter to higher courts in order to resolve , once and for all ,
this novel issue of 'a local governmental right to prohibit , regulate ,
and/or limit the emission of substances that may be harmful , in certain
quantities , to the public as a whole .
•
Page 4
January 5 , 1976
Hon. Mayor and City Council
•
We trust that all of you will read the attached opinion by Judge
Hunter , 'as. well 'as the various trial briefs that we had prepared
heretofore. If we can be of any further assistance or answer' any
questions any of you -may have , please let us know.
•
One word of caution may be advisable. It is imperative that the City
make every. effort to seek an equitable balance between two opposing
interests - - - those who claim a. constitutional right to develop
and build any facility without or with very little governmental
regulation, and those claiming a like right to oppose any change
in the"status quonand prefer to. appropriate or use privately owned '
lands for public purposes without compenaating the owner for it!
The City of Renton should not deserve a reputation of being
anti-business : nor should it strive. to return to the "Garden of Eden" .
Neither concept will be in the City' s best interest.
•
We remain,
:Very trul yo
•
Gerard M. Shellan
• City Attorney
GMS :ds
cc : City Clerk: Would you please make copies to go to the following :
. Planning Commission •
Planning Department (Messrs .Erickson , Kruger , Feltin)
. Dept of-Public Works(Mr. Gonnason)
Finance Dept ,(Gwen Marehall)
Fire Chief „
t �
y MJ
' OF t',iv
?,
U r .
OFFICE OF THE CITY ATTORNEY • RENTON,WASHI.NGTON
n POST OFFICE BOX 626, 109 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678
O GERARD M. SHELLAN, CITY TTORNEY
0 Q` JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY March 10, 1975
gret) SE
Mrs . Del Mead
City Clerk
City Hall
Renton, Washington 98055
Re: Shell Oil Co. vs City of Renton
Dear Del :
•
We are handing you herewith copy of a Brief that the
undersigned has been working on during the last few weeks
relative to the above captioned case, now set for trial
on March 17 , 1975 . We would suggest that you make copies
thereof and furnish one to the members of the Council,
Planning Commission and Planning Department for their
information. .
Since there has been quite a bit of public interest in
this issue, as evidenced by the appearance at the various
public hearings , you are, of course, free to contact any
interested party to advise them of commencement of trial
in the Superior Court, King Coun y.
We remain
(Yo s very truly, •
•
and M. Shel an
y Attorney
GMS :nd
Encl. (Brief)
•
,: ;;0 ," i"),•,;! 4 ,i a ,,. . ,
•
' IN THE SUPERIOR ''COURT �OTHE'; STATE .nip; ::^ I"IT.\TPTO?T ,'FOP KIr1t COUrTTv,'
I r r :f..
Y .
a Dela , • i'� '�L� a'r, eA Cow �.,,. . .or �t a i0 n'
f.
•
.lainti'ff ,; ,f; . ) No 7C6059 • ..>
h4' p:1::' ) . r .
;': ;;;;;; : ; `.',;;;' : ) . ; '.''lMORA\1DU DECISION , .
THE CITY Or, ?E T 'ON .; T''ASI?INGTON', )
a rtunlcipal 'corporat 'ion;: '.r,' ) . 1
'� )
Defend : ... .
ant'• .; a, :,•, ) } a. '+''
JOSEPH T BU'.LESS:'an iaY •'. ' •
. A. TJESLEY, HODCE:;, ;L;,r;r: . , ,' .
•
' Attorneys for plaintiff ; ,- .
CET'ARD r�. -S IELLAN'. ;j,:;r '}fiis"'+it'; - ,:L .
. Attorney' _or. defendan,.
•
j:.'.:...:;fir"?•'•'�:Y7,'y:'.
°At the cor encement1 o_f the'.. trial of ' this action in
'
•
°arch 1975 , mans `issues;"separated' the parties A fe-= of those ' •
iscuns •:sere ertissions: :'control: surface run-o f '__ no..se
no1lt''tion„eartbc ualCe:Trotection, increased truck traffic , 1 - T .
scan i_nf.', '•.'•ildli`e protect.i_on ,,aesthetics , . uaer t ':nollut3_on PT_'.d '
t7 _a safety, . There may'thave ,been •.more . Sinceth'e matter tins
'
reranded to the. City• of ` enton .at the conclusion sof the = `!'"c" '2ea ,
i nc;s , the issues have''"bleen reduced to three (1)' eriiss' on i • cc`rtt`-ol,.
(2) c_ .king, (3) automatic . fire .. sunnresslon systems , , Vit .7,n inert
to these ratter.s Shell Oil'`Co'mpany maintains that. the City al.".;..---
• Penton acted in an arbitrar''',,apd canrici'Ous manner', i . e „- cone
in a willful and unreasoning .fashion, without consideration :and ' '
in disregard of 'the facts''and'',circumstance. (rer. l i v. CT_t•'r 'of '. '
Tacoma , 12 .,Tn.Ann R.33) ; in':its'' proceedings loading uc to and - '
including they enactment,` o'f ' Ordinance 296'2 . ' By that ord na•nce. t_he,
C].t=1 of Penton sought to; regul,?te the 'constrltct].ort of. I:Itlk stor"- '
•
cc.e :ffllc'_lit',Ler, , : such .as L e• ore ronosed herb })�%-S},el 1. r -;
It: seems anpY''ohriate t."l,at `eac'.Z, one o I: the tslr.c`r.` ... ' ,-pa of ('•• r' :t'c f; :.
• •
i, *
I, I •
222
••••,-„,`„
• ; ' •
; • •
• 2.•:.;•,;(;:;. •- •' : 1 I
• •4r' • .'"*
•7,•;:wr,,, •;••.," , , • . • . • .; • .
• : ; . ••
'; •::'/A24,;••:. ; ': • I ; ;" ,
,• should beconSideredOeparatly, since differedt, conclusionsg' ,
•••••••': , •:••
• Il &2 1 • • • •
have been!IreachedWi"threSp6Ct to each of the three matters
• :••4 ;; „„2 „ : '
•:.1,,-YBerord?i,teicingup'•.-if!egth of 'these separate matters•,,,, a- ,•,, ,, r.,,
v. .
• ,
few general 'obtervetions' seeMyto be in order At the conclusion" of
, • :
the hearino-s .,AnMarChthe-;City of Renton undertook to Drovide
•
the standarct$:::'calle&•:',,for:; •iri•';',this' court s' order at that time
• ", •'• , • , "
• During the ',16•-•'.-,weeks' i.titerveriing between May 21 l',";.:1975 and
Sep-
tember 8',';;1975;1thed• atepof4the: adoption Of • theprdinancetheIt
-.. :;",:,
•:. • • • - • =•••-•'•
City prepared:, 12 different drafts of the: ordiriarice
•, 2, ;,
,• , . • ••.‘ • , • r',;;;•
-period of time -•'the••`•••,City• ':g' Ciii.rmilunity Service COmmittee , •
••• • ", • •••
meetings".:about1:-the f'cirdi.nancel'•between July 17, •and September
• • "
The City's-, legisietiVe;;body:Ther&hearings on four evenings,,atid;;•,,!g;,,,,,:„'i,/,•,; •
S1 2• 2.;;*•; ;;;S:'`V;:t.; —
three additional hearings', were ,held before the City Council2 21 ;
"••• :•• , •
••••.')-,•,•c •
The City ' at' :alL ,timeskept,',jellinterested perSOns and corpora
: • • •, • ; ' ,
;•• I I 2 , • • .,"
tions informed 'of2anY• ••••propose'd ':Changes in the drafts . It.. seems ,•
‘' • ; . "
to me that, the City of RentOn, has more than complied xgith tris
cOurt s order that • it -•formulate • standards For the construction •'-,•••••, " .
• •
',// of bulk beerbleum. strei6Afinits and that"' iv-cannot be said that
•., • ••
• :••
it acted,•arbitratill'f?,"and. Ce.PricioUsly in. the preparation of this •.•••
••••: •,• ",; • . . ••
ordinance in the:.• itgierall,, pieture, :with one exception which will •
• " • •.; • •
be treated hereafter.?. ;‘,:vy
• „ • • •••;1: ; •,• ' •
.• • •• • •, -.• ,•••••, ,
Ordinante:2962, Settion 15 , :paragraph4, provides that
• , . • •. •
in facilities forfthe,storecieofhighly' flammable materials-:there
shall be provided on-site fire suppressiom, sYStems which are
fully automatic with manual,' overrides from at least two locations,',
„
outside the berrier•.•:••.•, ,, Was'. this •feqUirement, Unreasonable? I- think '••
,• , ,2f -• ; „
not . The,'•Uniform FireCodeand Pamphlet 30 issued by the• •,,
National Fire Protection Association recognize that in some,,:' ,,y „ • '
: • • ;
application where ;flammable; or exnlosive ' materials arc stroed',:::;,;•,,,,,•: ,•„,
an automatic fire suppression system•may be nedessary, The
f,..••••,,.•-• •
testimony ,of Fire Chi_ef 'George indicated that he •
'; • *.• „ .
, •
•
at'. J.
:f
n
. ,
t
s 7,.
'• i qi
. '1
l` '.i:, i.)',;il.1rlir 'f ' „f" L n 4 )1
• thought. that ...,au omatic f. ''re 's' ressio ;1,4`}.;,
a =suchf:aii;'a fi m i up'n . n. system *•gas (�'�:)..,. : ti ,
,l'. t
4
necessar and-`'t•a'at" 'e y:: h .h advised the •city of, �t�h' s� . . , • :,, �'
S {1e:, it - 1 E1� :�,
14r fU .1l°l:a:m,: ;`C. .B. r,,,•,,..
i irt' uhm., the' fire ••and s'a.fety exn��ert'�;Y : ` 's'•,r',',
• employed`'b'y "Shelll `thinks".''that such"'automatic:''_fire suppression.
S stems` are','.not'` necessary,�• `'°'` On- cross-examination', however ' mr
Bluhm admitted -.that :reasonable minds might' differ as •to •what; •
was necessary for4•fi�ref`protection. In view, of :the forec'oin
it would .b"e ,im` r; ` ie . ,.
• po�s'sib�le;;°to,areach a determination .that the';City
. of Renton had' act'ed'`arbitrar'ily and capriciously. in setting • •
' its standards`for :fi;re+ prote'ction
'In;;the`.course of ''j'udicial review., • due 'defe.'' , ;..
• ence' must'''be `given'.to the specialized •knowlec? e 'and'
expertiseof„ the': administrative,•a en cy. The re .. ,:,
„ viewing .court%cai not• simply ;substitute its judgment' ;. ;i; •
for that :of`,tt e' 'agency...,: ". De t• of i'Ecolog,y v. Ballard ' ' '
• Elks , • 84';U is 2d'551, 527,'_•Pac 24 1121,.;(197 ) . ' •
n.'r
v `I,`
•Sect ' „
ioi '15 :;"''subsection 2; 3':'and 8 '.of,:'nrdinance: 2962 ,; x: `
•
• relate. t'o' the`'dikin f ,.re 'r ire' f�u'i a is or the on i'
q
n c to nment o �ma or:�'� ,
, . spills The Unifo•rn Fir-e`:;,Co'de; ',Section '15 . 206C' provides ., .
. ,"Where:.,protectiono.f'- adjacent ,tanks ,'adjoining property;'',. • . •
' or waterways "•,is ;'•accomnlished ,,by• retaining'.the. 1 i quid:e„ : ' , ,
•around the tank'.by-.means of az diked`,:area, such diked'-.: ' ,
' ' :': :area': shall.Afcompl'y, with;' the following:,:- 1.. ' Except' as • •
provided ,in':' subparagraph 2, . the volumentric canacit'cr '•.' . `
of the. diked 'area shall not be less'-..than the greatest' .,
' tank' within "th,e ;•diked area. The. caac'ity of the. diked`
' area-.: enclosing 'more 'than one tank shall be calculated
. by deducting: thevolume of the. tanks other than .the
• • ' .., largest tank.;',.below the height of the: dike . ". ,
. The Uniform• Fire 'Code'iis'''the',,result of the.:work;: of. man, , nersons '' ''.`''
in industry,. government;',.ecology :and ,all , other.:areas cf society '`, ' ; '
interested. i ;''.' n �rdinan'ce es `'for.
n, such ..,.. her. ,f., The' R'ento o provides
• an additional dike::`to'''that;_;set out by the Uniform Fire o
,, Code: o'f�':�: •
a height and ,capacity 'stifficient' to hold all liquid in all-''t'anks`
at 'the proposed:.fShellacility. '.I recall',...no '-testimony o•F`,'any , l:)C
person who' had •expertise'- in: this matter'.ofF c'ontainr.:ent• 'of •o,il ',t>
spills .who testified;.that,.he 'thought that the Ttenton reo,uire�nen .
was reasonably: riecessary, for the safety 'of the''citizens of Renton .
3)
r'I`/,
e`try :ii:. ?k:"f'; '<t(.1.;•:. i ? .`i
.:i ::i;it
owning property' 'surroundin`g' the Shell plant . In this respect''
think the'' Renton' CityCouncil ,did act arbitrarily and c� ' '
3pri.ci oush�.
I will be ':glad to hear further argument as to : the prover remedy
r- to be afforded'- the -plaintiff in this case : ;r' .
Probably''"the :most. important area- of-'dispute between :
the city and. Shell :Oil' Ls -,the', question of emission of hvdrocar'a{ons•,
• and the control 'of.'-th'e'se emissions . The City of. Renton lies at ' ' .,.
the north end of the';':Green,'• tiver Valley in a trough .with hills• ;
on both sides ::'` This='geographical situation leads to the creation;;
{ of frequent air inversion !::Conditions over .the' City of Renton, ;,;"3 •
Under these 'conditions'J, c:hen sunlight reacts With hydrocarbons±
and nitric oxides `photo`chemical oxidants are formed causin4 :: ..'
smog conditions` Because of,:,,a , fear of a' hazard te• '
result Of'-the pl .:.,��..:,i,:.::.,,:. • ,,•�:,:',1' •
{ o ochemical1,oxidants•, ,Renton, '=in the subi'ect~ Y
- ordinance, adopted emissionGstandards. .which would' .riot permit
;'yell Oi l`'.to build a : facil'itv ' of • the size it had Planned, havi_nc
a 23 trillion g allion-Capacity and an annual emission rate o-`
50 , 600 gallons of :hydrocarb'ons : During these hearings we have
had testimony from a number`'of highly .respected expert witnesses :.'"
as to whether or note the stringent controls imposed by the City.
of Renton .ate necessary. . .ii I: Chass , Mr. Feltin, Dr . Erickson and
Dr. . Posano have all testified in this matter. It has been the,
contention of •Shell and :' 'its;`; experts that the hydrocarbon problem,
if one exists, 'Will` -be:Cured by 'the Federal Vehicle Emission
Control Act . While it is true that motor vehicles are one of
"the largest contributors tohydrocarbons . in, the atmosphere , •
there is some • questiori ':'as 'to the'. efficacy of the federal act
and no statistical; ata'. tias ; been '•adduced to demonstrate that
there has been a significant reduction in hydrocarbons due to -
• that: act . After' listening ''t'o all .of ti-e experts , however, • I' came':'
to the conclusion that.::: might not . impose req't iremer.ts as ' •
•
'(4) ¢``'
1•°''`^!Baia.; ;.;.}:.,
stringent'`'as.. those".:�of;F:"tte: City of...Renton••but would instead : -
at.temnt to'• regulate' _the. pr'oblem in:other , ,The law, however ..
does not. permit meto'? subs}titute my conclusions ~'for those ,of '§C,i'-`
•
• the City' Counci'lof;;'`)the,�'City,;.of Renton,:,' inle S:s4I�7'can say that .>
•
the City of. Renton has; actedarbitr'arily and • capriciously,
•
Again, in ^the face:;:of:�:highlyrespectable scientific opinion,.r ' •
that emission' volume{ 7 such �'a's..:that contemplated 'by the Shell'' , , •
installation,, could`:beAnjurious . to health, it. c`an hardly he .
said that the•' responsible officials of the City `of •Renton' 4..•
have acted; arbit"rarily'or'°c`apriciously. , They,'acted sincerely
and in good faith` to,net :,ra-'problem'which they felt constituted :•,: , •
' a hazard to'.. ReritoilZand;�:the yGreen River Valley :'Because of.••this; ,
s init may be necesary.: forShell: to build a -smaller 'facility •
Renton and Vanother'jn,„"some ro'ther location unless; the vapor. re'-'
covery rates of,•.96-�99 •9 .per;cent testified to 'by 'Mr, Chass ' can ;' , '
. be achieved. • :G; :, ;; ;4� , ., t'�.
yr ;. s.'
. '11 � t;:<?4'''pt,. ':,r; ".F:,.,, .;{.pia�')' ,,' ',:.. •' .: .•.' I ', • .,. ' •I.
Arbit'rary`. and,'capr`i'cious action on the ' part of • an
• administrativ• e agency has been defined as willful .
and unreasoning action, : wi'thout consideration ari
' in disregard' of".facts or circumstances : ,Where there .
, is room. for two"opinions , action is not arbitrary
. or' capricious when' 'exercised honestly and upon due
. consideration',.. even though it may be' believed that •
'an erroneous conclusion has been reached : Straub
v..•Department :of Public Welfare , 31 Wn. 2d . 707 , 198
' ' P. 2d 817' (1948) , .Lillions v. Gibbs , ' 47 Wn. 2d 629 ,
• 289 P. 2d 203 . (1955) . and ,case cited. " : '
-r I would like.Ito ' th:ank all of the attorneys who have
appeared in this action on both sides ; their preparation and
trial of these somewhat complex issues has been 'very helpful
to me in reaching this decision. I apologize- to you for not
getting this decision out ':sooner but our trial calendar has.
been such that I' h•ave not had the luxury of time .to ' read •the
voluminous exhibit;: ,' notes and briefs until this week.
DATED this �. __ day of ..January 1976.: ` .
.
' - ; . '', ' , ..`,-'...,:: V.:.' ..:,'•';',''• . 7.-:. -... . ' . ••• • ;..'','`,'.,:',.,,... ") 1 '.. ,„ ' H-,!,:i ':,, .
1. __.•?--t.',6(\\(.:' • .:T it/3,i, .Z., ' '.-: . .
' ',JUDGE
IN THE SUPERIOR COURT OF THE STATE OF '::^ '�'HINGTON FOP KING COUNTY
SHEET. OIL CO 1 ANY, INC. , )
a Delaware Corporation, )
)
Plaintiff, ) No. 786059
)
v. )
AE OPANDt : DrCTS _ ?N
THE CITT OF n.STOI SASIINGTO„, )
a municipal corporation, )
)
Defendant. )
JOSEPH I . BURGESS and
A. `JESLEY HODG E,
Attorneys for plaintiff
CER\RD W. SHELLAN
Attorney for defendant .
At the commencement of the trial of this action in
'arch 1975 , many issues separated the parties . A fe-: of these
sues were emissions control_ , surface _run-off, access , noise
nollut iOn, earthquake protection, increased truck tra: iC l nd-
scanin„ wildlife protection, aesthetics , water pollution and
Fire safety. There may have been more . Since the matte- was
remanded to the City of Renton at the conclusion of the 'arc',- hear-
ings , the issues have been reduced t0 three (1) emissions control ,
(2) diking , (3) automatic fire suppression systems , `fnitn tr.s e^t
to these matters , Shell Oil Company maintains that. the_ City of
Penton acted in an arbitrary and capricious manner , i . e . , done
in a willful and unreasoning fashion, without consideration and
in disregard of the facts and circumstances , (ierla v. Cit', of
Tacoma , 12 :dn.Anp . 833 in its proceedings ' '
. ) , proceedings leading un to and
including the enactment of Ordinance 2962 . By that ordinance the
City of Penton SC)Uf?ht to renulate the construction of stcr-
a e facilities , such as the one prot-osed here };v c;' e1 .l. i.; 1 .
It scent; anpropri ate that each one or: the t:?ree gear; of" ('': ;nut e
•
•
should be considered. separately, since different conclusions
have been reached with respect to each of the three matters .
Before taking up each of these separate matters , a
few general observations seem to he in order . At the conclusion of
the hearings in March, the City of Renton undertook to provide
the standards called for in this' court ' s order at that time .
During the 16 weeks intervening between May 21 , 1975 and Sep-
tember 8 , 1975 , the date of the adoption of the ordinance , the
City prepared 12 different drafts of the ordinance . During that
period of time the City' s Community Service Committee held 11
meetings about the ordinance between July 17 , and September 2 .
The City ' s legislative body held hearings on four evenings and
three additional hearings were held before the City Council .
The City at all times kept all interested persons and corpora-
tions informed of any proposed changes in the drafts . It seems
to me that the City of Renton has more than complied with this
court ' s order that it formulate standards for the construction
V of bulk petroleum storage units and that it cannot be said that
it acted arbitrarily and capriciously in the preparation of this
ordinance in the overall picture , with one exception which will
be treated hereafter.
Ordinance 2962, Section 15 , paragraph A, provides that
in facilities for the' storage of highly flammable materials there
shall be provided on-site fire suppression systems wHich are
fully automatic with manual overrides from at least two locations
outside the barrier. Was this requirement unreasonable? I think
not . The Uniform Fire Code and Pamphlet 30 issued by the
National Fire Protection Association recognize that in some
application where ,flammable or explosive materials are stroed,
an automatic fire suppression system may be necessary . The
testimony of Fire Chief George H. Williams indicated that he
( 2)
.
thought that such an automatic fire suppression system was
necessary and that .he advised the city of this .
Mr. William C. Bluhm, the fire and safety expert
employed by Shell, thinks that such automatic fire suppression
systems are not necessary.. ',On cross-examination, however , Mr.
Bluhm admitted that reasonable minds might differ as -to what
was necessary for,' fire °protection. In view of the foregoing,
it would be impossible to reach a determination that the City
of Renton had acted arbitrarily and capriciously in setting
its standards for fire protection. .
. In the course of judicial review., due defer-
ence .must be given to the specialized knowledge and
expertise of the administrative agency. The re-
viewing court cannot simply substitute its judgment
for that of the agency. " . Dept of Ecology v. Ballard
Elks , 84' Wn. 2d 551 , 52/ Pac 24, 1121 (1974)
Section 15 , subsection 2 , 3- and 8 of Ordinance 2962 ,
relate to the diking requirements for the ;containment oc major
spills . The Uniform Fire Code, Section 15 . 206C provides :
"Where protection of adjacent tanks adjoining property
or waterways is accomplished by retaining the liquid
around the tank by means of a diked area , such diked
area shall comply with the following: 1 . Except' as
provided in, subparagraph 2 , the volumentric capacity
of the diked area shall not be less than the greatest
tank within the diked area . The capacity of the diked
area enclosing more than one tank shall be calculated '
by deducting the volume of the tanks other than the
largest tank below the height of the dike .
The Uniform Fire Code is the result of the work of many persons
in industry, government, ecology and all other areas cf society
interested in such matters . The Renton ordinance provides for
an additional dike to that set out by the Uniform Fire Code of
a height and capacity sufficient to hold ;all liquid in all tanks
at the proposed Shell facility. 'I recall no testimony of any
person who had expertise in this matter of containment of oil
spills who testified that he thought that the Renton requirement
was reasonably necessary for the safety of the citizens of Renton
3)
•
.
s I
,
owning property surrounding the Shell plant . In this respect , I
think the Renton City Council did act arbitrarily and capriciously .
I will be glad to hear further argument as to the proper remedy
to be afforded the plaintiff in this case .
Probably the most important area of dispute between
the city and Shell Oil is the question of emission of hydrocarbons
and the control of these emissions . The City of Renton lies at
the north end of the Green River Valley in a trough with hills
on both sides . This geographical situation leads to the creation
of frequent air inversion conditions over the City of Renton .
Under these conditions , when sunlight reacts with hydrocarbons
and nitric oxides photochemical oxidants are formed causing
smog conditions. . Because of a fear of a hazard to health as a
result of the photochemical oxidants , .Renton, in the subject
ordinance , adopted emission standards which would not permit
Shell Oil to build a facility of the size it had planned, having
a 23 million galloon capacity and an annual emission rate of
50 , 600 gallons of hydrocarbons . During these hearings we have
had testimony from a number of highly respected expert witnesses
as to whether or not the stringent controls imposed by the City
of Renton are necessary. Mr.. Chass , Mr. Feltin, Dr . Erickson and
Dr . Rosan.o have all testified in this matter . It has been the
contention of Shell and its experts that the hydrocarbon problem,
if one exists , will be cured by the Federal Vehicle Emission
Control Act . While i.t is true that motor vehicles are one of
the largest contributors to hydrocarbons in the atmosphere ,
there is some question as to the efficacy of the federal act
and no statistical data has been adduced to demonstrate that
there has been a significant reduction in hydrocarbons due to
that. act . After listening to all of t1e experts , however, T came
to the conclusion that I might: not impose requirements as
(4)
stringent as those of the City of Renton but would instead
attempt to regulate the problem in other ways . The law, however ,
does not permit me to substitute my conclusions for those of
the City Council of the City of Renton, unless I can say that
the City of Renton has acted , arbitrarily and capriciously.
Again, in the face of highly respectable scientiFic opinion,
that emission volume, such as that contemplated by the Shell
installation, could be injurious to health, it can hardly he
said that the responsible officials of the City of Renton
have acted arbitrarily or capriciously. They acted sincerely
and in good faith to meet a problem which they felt constituted
'// a hazard to Renton and the Green River Valley . Because of this
it may be necessary for, Shell to build a smaller facility in
Renton and another in some other location unless the vapor re-
covery rates of 96-99 . 9 per cent testified to by Mr . Chass can
. be achieved.
"Arbitrary and capricious action on the part of an
administrative agency has been defined as willful
and unreasoning action, without consideration and
in disregard of facts or circumstances . Where there
is room for two opinions , action is not arbitrary
or capricious when exercised honestly and upon due
consideration, even though it may be believed that
an erroneous conclusion has been reached . Straub
v. Department of Public Welfare , 31 Wn . 2d 707 , 198
P. 2d $17 (1948) , Lillions v. Gibbs , 47 Wn. 2d 629 ,
289 P. 2d 203 (1955) and case cited . "
I would like to thank all of the attorneys who have
appeared in this action on both sides ; their preparation and
trial of these somewhat complex issues has been very helpful
to me in reaching this decision . I apologize to you for not
getting this decision out sooner but our trial calendar has
been such that I have not had the luxury of time to read •the
voluminous exhibit:. , notes and briefs until this week.
DATED this day of January 1976 .
--JUDGE
(5)
a r
a. ,
1 •
1
2
3
4
5 Receipt for Copy Dated filed by Clerk
6 IN THE SUPERIOR COURT OF. THE STATESTATE (F WASHINGTON FOR KING COUNTY
7SHELL OIL COMPANY, INC. , a )
Delaware Corporation, )
8 ) NO. 786059
Plaintiff ) TRIAL BRIEF BY CITY OF
10 vs ) RENTON, A MUNICIPAL CORPORATIC
)'
11 CITY OF RENTON, a municipal )
corporation, )
12
)
Defendant
13 ) .
14
15- - . THE...CITY. OF RENTON is a Municipal Corporation operating
16 as a non-charter Code city under the laws and statutes of the State
17 of Washington and pursuant to the Optional Municipal Code has all
18 of the powers , rights and privileges of the First Class City. It
19 operates under the Mayor-Council form of government .
. 20
21 .. _
22 NATURE OF ACTION: This suit was initiated by Plaintiff.
23 .by means of a. "Petition: for Declaratory Judgment, .Writ of Review,
24 Writ of: Certiorari', Writ of Mandamus" as a result of the, denial' for .
25 a "Special Permit" by the City' s Planning Commission and an appeal
26 from that .decision to. the Renton -City. Council which affirmed the
27 Planning Coiiuuission' s action. Both decisions were practically
28 unanimous by said bodies . The application for.' a Special. Permit by
29 Plaintiff sought the construction and operation of .a large "tank
30 farm" within' the City' s limits and in particular situated within
31 a portion of the Green River Valley, the exact situs being
32 TRIAL BRIEF S
Page 1 SHELLAN. PAIN EtSWANSON
ATTORNEYS AT LAW
100 SO.SECOND ST.SLOG..P.O.BOX 6.143 '
RENTON. WASHINGTON 98055
ALPINE 5-8678
•
o ,
` , 1 •
•
l 1 .i
L
1 1 l L�
•
1 described hereinbelow.
2
3
4
5 LOCATION AND NATURE OF PROJECT: The subject site lies
6 within the corporate limits of Renton, approximately 300 to 400 feet
7 Southeast of the Longacres Race Track, in the immediate vicinity
8 of the Springbrook Creek,adjoining the proposed P-1 drainage
9 channel along the western side of subject property and the P-9
10 channel along Shell ' s north property line. The Green River is
11 also located nearby and the proposed drainage channels , part of
12 the East Green River Watershed Project, are within the jurisdiction
13 of the U. S. Soil Conservation Service and the sponsoring b cal
14 governmental agencies, including the City of Renton. In addition
15 there is a sixty. inch diameter underground pipe line which is the
16 primary water supply for large areas south of Seattle which line
17 is located immediately to the north of subject property.
18 To the east of subject property the Mobile Oil Corporation
19 and the Olympic Pipe Line Company have located certain facilities,
20 constructed many years ago, and prior to the overriding consideration
21
and impact of the National Environmental Protection Act (NEPA) and
22
the Washington State Environmental Impact Act (SEPA) .
23 Shell, based on its initial application submitted in
24 the early part of 1973 wishes to construct and operate a "Tank
25
Farm" for .the storage and distribution of petroleum products .
26
The initial construction would contain approximately ten (10) above
27 each
ground tanks,/140. feet in diameter and reaching a height of 40 feet
28 half
containing, when filled in excess of twenty three and one/ million
29
gallons of petroleum products : These would include diesel oil,
30
gasoline, regular and super, stove oil and like products. In
31
addition, Shell' s application indicates future expansion of these.
32 TRIAL BRIEF
SHELLAN, PAIN & SWANSON
Page 2 ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG.,P.O.SOX 624:
• RENTON. WASHINGTON 98055
ALPINE 5-8678
I •I
Y
l i • l i . [ i t
I E.
' rf
•
1 facilities by adding to the north thereof an additional installation
2 of ten (10) tanks of like size and magnitude to contain an additional
3 forty seven and one-half million gallons of petroleum products ,
4 or a total development of twenty (20) large tanks and containing in
• 5 excess of seventy one million gallons of petroleum! Shell owns
6 or controls approximately twenty five acres of which approximately
7 fourteen acres constitutes the initial site for construction while
8 the remainder is reserved for expansion purposes as above stated.
neither .
Presently/the City of Renton nor any other community of equal or.
10 larger size contains this type of facility, situated similarly!
11 Shell incidentally is also one of the co-owners of the adjoining
12 Olympic Pipeline facility.
13
14 PUBLIC HEARINGS - SPECIAL PERMIT PROCESS: Shell 's
15 petition for a special permit , application No. SP-734-73 was
16 initially presented to the City' s Planning Commission for public
17 hearing on June 27 , 1973 , although various negotiations and
18 discussions preceded such official application for several months .
19 The subject property is, located within a "Heavy Industry District"
20
(H-1) which permits certain specified uses as set forth in Section
21 4-713 of the City' s Code. The operation of a petroleum storage
22
facility is not one of said uses . The controlling language of
23
said Section reads. as follows :
24 "4-713 (b) . The following and any not listed,
25 if having obnoxious, odors , noise, smoke, dust and
• air polluting substances are prohibited: (emphasis
26 ours)
27 (1) Ammonia, chlorine or bleaching powder and
manufacturing.
, 28 - (2) Asphalt, manufacturing or refining
29 (13) Petroleum, refining or storage or manufacty, e
of any of its by-products" (emphasis ours
30
31
32 TRIAL BRIEF
Page 3 SHELLAN. PAIN & SWANSON
L ATTORNEYS AT LAW
100 80.SECOND ST.BLDG.,P.O.SOX 629
REDITGN. WASHINGTON 98055
ALPINE 5-8678
•
• , • r
l It is undisputed that Shell ' s proposed operatmn falls squarely.
2 within 4-713 (b) and even prior to the superimposed standards
3 set by NEPA and SEPA, any applicant, such 'as •Shell, wouldfhave the
4 burden of proof that none of the objectionable elements is
5 present; therefore, any allegation that Shell was entitled to a
6 permit as a matter of. right is completely unfounded. Because
7 of the nature of the proposed operation, Shell , in consultation
8 with the City' s Planning officials elected to apply for a special
9permit as set forth in Section 4-722 of the City' s Code reading
10 as follows :
11
" (B) Special Permits : Recognizing that there are
12 certain uses of property that may be detrimental to
the public health, safety, morals and general welfare,
13 depending upon the factscf each particular case, a
limited power to issue permits for such uses is vested
14 by specific mention in this Chapter, in the Planning
Commission, subject to review by the Council as herein'
15 provided. Subject to such review, the City Planning
Commission shall ham the power to anpose .in said permit
16 such conditions or limitations as in its judgment are
required to secure adequate protection to the zone or
17 locality in which the use is to be' permitted. - LIkewise
subject to such review, the City 'Planning Commission
18 shall have power to terminate or modify any such permit,
upon written complaint and notice to the permittee, and
19 upon public hearing, for any violation of the terms or
limitations there prescribed. " .
20
21 Upon receipt of Shell' s application for a 'special permit, numerous
22 meetings and hearings were held with representatives of the Shell
23 Oil Company to determine the nature , type and effect of their
24 proposed operation and the steps necessary. to minimize adverse
25. effects on the environment and in particular, the community of`
26 Renton if any such permit should be granted. Suffice to say,
27 the two opposing interests never reached any ,satisfactory '
28 resolution of their divergent contentions . although many attempts
29 were made to do so.
30 The final public hearing before the Planning Commission.
31 on Shell' s application 'was conducted on July 24, 1974. After -
32 TRIAL BRIEF
Page / ' SHELLAN, PAIN & SWANSON
-r ATTORNEYS AT LAW
' -IOO 8O.SECOND ST.BLDG.,P.O.!!OX 83H
RENTON, WASHINGTON 98055-
ALPINE 5-8678
•
1 consideration by the Commission of all the pertinent and relevant
2 facts , including study and re-study of the Environmental .Impact.
3 Statement" dated March 12, 1974, and the "Summary Final
4 Environmental Impact Statement" dated July, 1974, the Planning
5 Commission rejected the "special permit" appliation by a vote of
6 8 to 1 . IN answer to. Shell ' s "Writ of Certiorari" the City' s
7 complete file of all matters relating and preceding said final
8 hearing including input by the public generally and other
9 governmental agencies claiming jurisdiction, are part of the
10 present Court file, further reference hereby had thereto.
11 Shell thereupon appealed the Planning Commission's
12 decision to the Renton City Council for the purpose of having
13 latter body review the Commission' s action based on all of the
14 evidence then before it. At the Planning Commission' s public
15 hearing and prior thereto many recommendations were made by the
16 Commission, as part and parcel of the special permit procedure,
and
17 to alleviate,/if possible, minimize and balance the adverse impact
18 of such facility. Some of these recommendations were accepted
19 by Shell at or immediately prior to the hearing on July 24, 1974,
20 while others were rejected. As an example, the Commission' s
21 proposal- to Shell to install a complete vapor recovery system
22 to reduce air pollution, was rejected by the Company as per its
23 letter of July 19, 1974. Shell proposed a compromise offering to
24 reduce air pollution from gasoline vapor emission from over one
' 25 million gallons per year td about two hundred fifty two thousand
26 gallons per year which compromise , in turn, was unacceptable to
?7 the Planning Commission. However, at the public hearing held
28 before the City Council on August 26, 1974, Shell' s. representative
29 orally proposed, in a somewhat qualified fashion, to further reduce
30 air pollution by. installing a vapor recovery system. However, no
31 final , binding commitment was ever made on that singular issue .
32 TRIAL BRIEF .
P a g e S SHELLAN. PAIN a SWANSON
ATTORNEYS AT LAW
' 100 SO.SECOND ST.BLDG.,P.O.BOX ea
RENTON, WASHINGTON 98055
ALPINE 5-8678
•
1 In summary, the Planning Commission' s decision to deny
2 a special permit for the 'Tank Farm" was premised on the following
3 principal gounds, among others :
4 A. Failure to eliminate or substantially control air
5 pollution caused by hydrocarbon emission from said
6 . facility, thus resulting in a .cumulative harmful
7
effect on the environs especially in view of the
8 prevailing atmospheric conditions in the Green River
9 • Valley, already in violation of established standards.
10
11 B. A substantial increase in noise pollution and
12 resulting detrimental effect on adjoining areas and
13 traffic in . general and predicated on Shell ' s intent
14 to operate said facility on a twenty to twenty four
15 . hour daily basis involving one hundred sixty to two
16 hundred round trips , day and night , by large tank
17 trucks . The Commission also took into consideration
18 the presently unimproved neighboring properties to
19 the south, north and southwest . This means a truck
20 coming or going every 5 to 6 minutes; day and night!
21 C. The potential of uncontrollable spills on adjoining
22 lands and waterways with resulting biological damage,
23 especially to the adjoining Creek and nearby Green
24 River, especially in view of latter ' s already pre-
25 carious condition. being near its thermal capacity.:
26 '
27 • D. Potential and actual unavoidable surface runoff,
28 whether accidentally or by cumulative quantity would
29 result in additional thermal pollution of the Green
30 River.
31
32 TRIAL BRIEF
SHELLAN. PAIN $ SWANSON
Page 6 ATTORNEYS AT LAW
• 100 SO.SECOND ST.SLOG.,P.O.SOX 6
RENTON. WASHINGTON 9E055
ALPINE 5-8673
1 E. Shell ' s refusal to in any way mitigate damage or
2 destruction to existing wildlife habitat within
3 their twenty five acre site. . The evidence adduced
4 at various hearings disclosed a substantial bird
5 population and migrating water fowl in the area,
6
all of which would be severely impacted.
7
8
F. The present site' is' legally landlocked since it
9 has no public access of any type; a private, narrow
10 road owned by adjoining Mobile Oil Company is available
11 but already taxed to capacity. The City' s applicable
12 .
' Fire Code requires , for this type of tank farm operation,
13 at least two public access roads of sufficient width
14 in order to provide; among others, safe and ready
I 15 ' ' access to the facility by fire fighting equipment in
16 case of any emergency or catastrophe , not to mention
17 ' more satisfactory means of travel for Shell ' s gasoline
18 trucks and equipment. Nothing,' as of now, has been
g,
19 committed by Shell to establish and provide, such
20 public access .
21
22 G. Severe and continuing visual or aesthetic pollution
23 due to the number, size and location of the "Tank
24
Farm" and its component units. Even if properly
25 screened by landscaping and camouflaged painting,
26 the ten to twenty units , each approximately 40 feet
27 in height would still constitute . a collection of
28 unsightly structures as viewed by surrounding property
29
owners, including the recreational facilities to the
30
northwest of subject site, (Longacres Race Track and
31
its stable facilities. ) and by the surrounding
32 TRIAL BRIEF
.Cage .7 SHELLAN. PAIN S SWANSON
ATTORNEYS AT LAW
ZOO SO.SECOND ST.BLDG..P.O.SOX 616
REN'CON. WASHINGTON 98055
ALPINE 5-8678
1
t t
•
•
•
I "
1 residential properties along the hillside north
2 and east of the subject site!
3
4 H. Inadequacy of Shell ' s proposed landscaping of
5 its site.
6
7 I. The inherent potential or "snowballing" effect ,
8 once Shell' s facility was approved and expanded, as
9 to similar"use applications" of surrounding propdties
10 especially large acreages presently owned. and
11 controlled by railroads and others .
12 .
13 J. A general adverse and continuous damaging impact -
14 ' on the City' s environment, wellbeing and best interest
15 of its citizens and thus resulting in a substantial
16 and serious impairment of the fundamental and in-
17 alienable right to a healthful environment by
18 Renton' s citizens as demanded by RCW 43 . 21C. 020
19
(SEPA) .
20
21
22
23
24 All of the foregoing factors and elements together with the ultimate
25 findings as contained in the Environmental Impact Statement of July
26 1974, were extensively and objectively studied and considered by
27 the members of the Renton City Council at its public hearing on
28 August 26, 1974 together with considerable "input" by various
29 individuals , groups and organizations and as contained in the
30 Minutes of such hearing on file herein. The City Council affirmed
31 the derision of the Planning Commission in denying Shell' s
32 TRIAL BRIEF
Page 8 SHELLAN. PAIN & SWANSON
ATTORNEYS AT LAW
300 SO.SECOND ST.BLDG.,P.O.BOX 628
- RENTON. WASHINGTON 98053
ALPINE 5-8678
•
1 application for a Special Permit by a vote of 5 to 1 : Shell
2 thereafter, in a timely fashion, couuiienced the present litigation.
3
4
5
, 6 EFFECT OF ENVIRONMENTAL POLICY ACTS : The significance
7 of environmental laws has not generally been recognized, until very
8 recently, by the Courts and most governmental agencies , private
9 entities, and lawyers in general. The sea of environmental law
10 is still greatly unchartered but some Court decisions , mostly
11 Federal , have begun to shed some light on the. intent and application
12 of Federal and State declarations on environmental matters . The
13 National Environmental Policy Act was adopted in 1970 by Congress
14 42 USC S 4321 (1970) . In 1971 Washington State passed this model
15 legislation virtually verbatim as the State Environmental Policy
16 Act (SEPA) RCW 43. 21C. In some respects, however, our State Act
17 is considerably more far reaching than NEPA. SEPA goals are quite
18 simply stated as follows :
19 " •
The purposes of this Chapter are: (1) to declare a
20 State policy which, will encourage productive and
enjoyable harmony between man and his environment;
21 (2) to promote efforts which -will . prevent or eliminate
damage to the environment/biosphere ; (3) and stimulate
22 the health and welfare of man, and (4) to enrich the
understanding of the ecological systems and natural.
23 resources important to the State and nation. "
24 However, our State Act imposes a continuing responsibility on
25 State and local government to use all practical means , consistent
26 with other essential consideration of State policy, to improve
27 and coordinate plans , functions , programs and resources to achieve
28 certain goals including, among others ,
29 1." Assure for all people of Washington safe, healthful ,
30 productive, and esthetically and culturally pleasing
31 surroundings" (emphasis ours) RCW 43. 21C. 020
32
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9 SHELLAN, PAIN $SWANSON
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1 2. "Attain the widest range of beneficial uses of
2 the environment without degradation, risk to health
3
or safety, or other undesirable and unintended
4
consequences" ;
5
6
3. " Maintain,wherever possible, an environment which
7
supports diversity and variety of individual choice ; "
8
9 .I
4. The legislature recognizes that each person has a
10 fundamental and inalienable right to a "•healthful
11 environment and that each person has a responsibility
12 to contribute to the preservation and enhancement of
13 the environment" (emphasis ours) .
14
15
16
17 To insure that each governmental body fully complies with the
18 broad and distinct purposes of the Environmental Policy Acts, both
19 NEPA and SEPA, require the"responsible official" to determine
20 whether or not the action by the governmental or private agency,
21 as the case may be,'. is •a major action having a . significant effect
22 on the quality of the environment. If so, then the responsible
23 official must prepare or cause to have prepared what has now been
24 captioned as an "Env romental Impact Statement" (EIS) . In the case
25 at bar, it was duly determined by the Planning Coiuuzission,' with
26 the aid of the City' s Planning Department, to require anEIS.
27 Such documentation was prepared with the help of the applicant,
28 the Shell Oil Company, and other agencies and is on file herein.
29 Parenthetically the City rejects Shell' s .allegation
30 of unfair or arbitrary treatment in view of prior permits issued
31 to the Mobile Oil Company and Olympic Pipe Line Company for
32 TRIAL BRIEF
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10 SHELLAN, PAIN 81 SWANSON
ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG..P.O.BOX 624
RENTON, WASHINGTON 98055
} ALPINE 5-8678
1 construction of their facilities many years ago. Said facilities ,
• 2 of considerably lesser magnitude, size and impact than Shell' s,
3 were constructed prior to any Federal or State law superimposing
4 on any existing Ordinance, State statute or rule of law the require-
5 ments of considering and acting upon/enironmentalal impact.-caused
{ , 6 by any such construction and its resulting effects !
7 NEPA and SEPA differ in one material aspect. NEPA
8 established the Environmental Protection Agency and gave it certain
9 regulatory authority. The Washington Act, on the other hand, did
10 not establish any enforcing or regulatory agency so that SEPA is
11 self-enforcing with each governmental agency acting as its own
12 responsible official in reaching the ultimate decision on the
13 merits of each case.
14 There is no question but -that both the Federal and State
15 legislation apply to private projects as well as governmental ones .
16 the case of Eastlake Community Council vs Roanoke Associates, Inc. ,
17 82 Wn (2) 475, 513 P 2nd 36 (1973) , our Supreme Court, in reversing
18 the trial court in said case held that SEPA applies to the issuance
19
of permits or licenses by governmental agencies for private projects
20 as well as to projects initiated by governmental agencies. In
21 the Roanoke case, in fact, construction of the multi-million dollar
22
condominium had been started prior to SEPA becoming effective and
23
the developer had applied for a third extension of his building
24
permit with the City of Seattle, which extension was granted, but
25
SEPA' s requirements, although applied somewhat retroactively, were
26
superimposed and held controlling.
27
Initially, many of the Federal courts proclaimed that
28
NEPA was merely a procedural full disclosure law as to the effects
29
of governmental action on the environment . Daly vs Volpe, 326 F
30
Supp. 868; Environmental Defense Fund vs Cors of Engineers , 32.5 F,
31
Supp . 728 . However, more recently, Federal courts citing the
32
language of NEPA as well as the legislative history, now make it
SHELLAN. PAIN A.. SWANSON
TRIAL BRIEF ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG..P.O.BOX 829
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1 clear that NEPA was intended to effect substantive changes in
2 decision making. Environmental Defense Fund vs Corp of Engineers ,
3 325 F, Supp. 728; Conservation Council vs Froehlke, 472 F , 2nd 664;
4 Hanly vs Kleindienst, 471 F 2nd '. 823 . In our own State the case
5 of Juanita Bay Valley Community Association vs City of Kirkland,
6 9 Wash.App. 59 (1973) is of considerable import. In that case,
7 the developer, Kirkland Sand and Gravel, had applied for and
8 obtained a grading permit to grade fifty five acres of land,
9 thirty five acres of which was zoned Industrial and the balance
10 of which was zoned Single-Family Residential. The developer' s
11 application met all the requirements of the City' s Building Code
12 as well as all other Ordinances of the City of Kirkland in effect
13 at that time. However, our Court of Appeals decided that the decisioi
14 by the City to issue the grading permit was improper until the City
15 made 'a formal determination as to whether an Environmental Impact .
16 Statement was necessary. The Court held that SEPA did, at least
17 to some degree, give the City of Kirkland discretionary authority
18 where prior to the Act it had none. The Court stated as follows :
19 "The change in the substantive law brought about
20 by SEPA introduces an element of discretion into
the making of decisions that were formerly ministerial,
21 such that even if we assume, arguendo, that the issuance
of a grading permit was, prior to SEPA, a ministerial,
22 non-discretionary act, SEPA makes it legislative and
discretionary." (emphasis added) .
23 The yet unanswered question relating to SEPA is the amount of
24 discretion permitted by the "responsible, public official" . Based
25 on recent decisions , however, a consensus seems to evolve which,
26 under NEPA and SEPA, does grant the responsible official discretionar:
27 authority in determining whether to issue a permit or not and to
28 likewise, based on the merits of each case before it, impose
29 reasonable terms and conditions upon which the permit would issue
30 or to:impose conditions for mitigation of any" adverse environmental
31 impact or, finally, to' deny such permit if, upon balance of all
32 TRIAL BRIEF
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1 relevant factors , the detrimental affect upon the environment
2 and/or the community as a whole may be considered substantial and
3 of lasting effect . Therefore, the public body in performing such
4 a delicate balancing act among various and often hostile factions
5 and protagonists must be aware of the legislative intent and fixed
6 goals established by SEPA:
7 Although the State of Washington, along with some other
8 States, has heretofore held to the "vested right" doctrine, namely
9 that once a property owner has complied with all provisions and
10 ' termus of the Zoning Ordinance, he is entitled to a building permit
11 as a matter of law, this doctrine, by reason of NEPA and SEPA,
12 has eroded somewhat and is therefore subject to environmental
13 impact laws . As stated in the Hanly vs Kleindienst case, supra,
14 the Court ' s function is to determine whether the governmental agency,
15 in a given case, had acted arbitrarily, capriciously, abused its
16 discretion or arrived at a "clearly erroneous" conclusion!
17 In the case at bar, no contention is advanced that the
18 requirement of an Environmental Impact Statement was in any way
19 arbitrary or capricious . All agree that the proposed project is
20 a major action significantly affecting the environment! Traditionally
21 our Washington courts have not been willing to second-guess
22 government officials or agencies and have adopted a clear rule
23 that the members of a particular court will not substitute their
• 24 own judgment for any governmental official or entity. Ancheta vs
25 Daly, 77 Wn (2d) 255 (1969) ; Deaconess Hospital vs Washington State
26 Highway Commission, 66 Wn (2d)378 (1965) . In our present situation
27 the Planning Commission, its sub-couuuittee, the City Council and
28 a multitude of other governmental agencies and bodies, numerous
29 groups and organizations including environmental activists and
30 others , all provided a substantial amount of"input" thus resulting
31 in reaching a final decision predicated on all of the relevant
32 TRIAL BRIEF
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1 and pertinent aspects of Shell ' s application, all of which
2 investigation and study extended over a period of close to eighteen
3 months : Unless a preponderance of evidence adduced at trial in-
4 dicates arbitrary, capriabus or fraudulent action by the governmental
5 bodies concerned, or their final conclusion to be "clearly
6 erroneous" a court should not interfere or question the wisdom
7 of the final decision reached by local government even though it
8 may have reached an opposite result based on the same facts as
9 presented.
10
11
12
13 •
14
, 15 STATEMENTS OF AUTHORITIES ; STANDARDS - DISCRETION:
16 - Most, if not all prior decisions by Federal and State
17 courts involving NEPA and SEPA concerned themselves with alleged
18 governmental failure or inadequacies to consider the issue of
19 "environmental impact" in which the governmental unit had issued
20 or approved some permit or license to proceed with construction.
21 Such action was then challenged by others claiming to be adversely
22 affected including activists , environmental groups or organizations .
23 The courts were then called on to consider whether the governmental
24 unit in the first instance had exercised proper judgment. in
25 requiring an environmental impact statement or was justified,
26 upon proper evidence, to issue a "negative statement" together with
27 miscellaneous collateral issues lying between those two procedural
28 and substantive guidelines .
29 - However, in the subject case, the reverse procedure has
30 occurred: Here in the first instance two layers of local
31 government have denied a "special permit" to construct a "Tank Farm"
32 'RIAL BRIEF
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1 facility and the alleged aggrieved party is the developer, and not
2 some"environmental group" or neighboring property owners claiming
3 an adverse effect on their particular properties or the environs
4 as a whole: For these reasons as well as the magnitude of the
5 proposed project, itssitus in respect to natural waterways ,
6 recreational facilities , wildlife habitats and numerous other
7 . one-
factors of equal import, /may classify this proceeding as sui
' 8 generis:
9 A most recent case entitled Maryland-National Capital
10 Park and Planning Commission vs United States Postal Service, 349 F,
ll Supp. 1212 (DC 1972) reveals the far reaching effect of the National
. 12 Environmental Protection Act in that the court required that the
13 queson . of significant effect on the human environment be evaluated
14 in terms of the local zoning regulations and land uses . In said
15 case, the U. S . Postal Service wished to construct a bulk mail
16 handling facility on a site zoned for limited industrial use. The
17 Federal Commission in charge of coordinating development approved
18 the plan while the local agency, Maryland-National Capital Park
19 and Planning Commission, having jurisdiction over the affected
20 environs , disapproved the location as well as the preliminary
21
master plan. The local planning body listed, among others, the
22
following objections : .
23
a. Uncertain authorization of sewer hookup ;
24 b. Increased traffic;
25
c. Inadequate provision for storm and oil runoff;
26
d. Aesthetically detrimental effects resulting from
27 the placement of exterior parking and loading
facilities near a highway.
28
29 Only a preliminary. environmental assessment statement had been filed
30 by the Federal agencies instead of a complete impact statement as
31 required by paragraph 102 of NEPA and as contended by the local
32 TRIAL BRIEF
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s •
l planning body. The Federal Circuit Court concluded that "the NEPA
2 issues have not been adequately focused by the parties and the Trial
3 Court" and although the Court refrained from either affirming or ,
4 reversing the denial of injunctive relief by the District Court,
5 elected to remand .the case for further consideration of the
6 significance of the oil and water runoff. This was obviously done
7 by the Circuit Court since construction had advanced to a considerabl
8 degree and issuance of an injunction would have had a very sub-
9 stantial financial impact on the project as a whole.
10 A similar result was reached in the case of Hanly vs
11 .Kleindienst; supra, where the Federal government intended to
12 construct a detention facility in an area specifically zoned therefor
13 However local residents sought a preliminary injunction until a
14 detailed impact statement was filed. The Circuit Court reversed
15 the District Court, which denied the requested injunction, and
16 remanded for further consideration of the environmental' impact in
17 view of the existing uses in the immediate vicinity, especially an
18 apartment complex. The Circuit Court further stated:
19 "Absent some showing that an entire neighborhood
20 is in the process of redevelopment, its existing
environment, though frequently below an ideal
standard, represents a norm that cannot be ignored. "
21
22 The Court concluded that at least two factors should be considered
23 . by an agency in determining the environmental significance of a
24 proposed activity:
25 a. 'The extent to which the action :will cause
26 adverse environmental effects in excess of
those created by existing uses in the area
27 affected by it, and
b. "The absolute quantitative adverse environmental
28 effects of the action itself, including the
cumulative harm that results from its contribution
29 to existingadverse conditions or uses in the
effected, area. " (emphasis ours)
30
31
32 TRIAL BRIEF
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g SHELLAN. PAIN & SWANSON
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1 Another recent case is Goose Hollow Foothills League vs
2 Romney, 334 F, Supp. 877 (1971) which involved the proposed
3 construction of a high rise apartment building for student housing
4 in Portland, Oregon. The site was a residential area in which no
, 5 other"high rise"was located. HUD concluded that no NEPA statement
6 of impact was required. A Federal District Court condemned the
7 approach taken by HUD and required it to file an Impact Statement.
8 The District Court concluded that the proposed building would
9 certainly change the nature of the neighborhood and Judge Goodwin,
10 writing for the Court added:
' 11 "I believe that the Defendants have ignored
cumulative effects on the quality of the human
12 environment which are by no means insignificant. "
13 (emphasis ours) .
14 Judge Goodwin granted a preliminary injunction to the complaining
15 property owners.
16 As of this time, there is no exhaustive list of valid
17 environmental considerations under either NEPA or SEPA but without
18 question its aims extend beyond sewage and garbage and even beyond
19 water and air pollution, Hanly vs Mitchell, 460 F 2nd, 640 (1972) .
20 Sociological, psychological and aesthetic ramifications are likewise
21 elements to be considered in determining significant environmental
22 impacts. In the Maryland case, supra, the Court felt that NEPA
23 clearly contemplated that aesthetics are part of the quality of
24 the human environment; see 42 USC 0 4331 (b) (2) (1970) . The
25. concern for beauty which preceded NEPA and SEPA was reinforced by
26 the environmental measure. Richardson vs United States , 463 F 2nd,
27 844 (1972) ; Goose Hollow Foothills League vs Romney, supra; the
28 difficulty of defining and evaluating aesthetic considerations
29 should not lessen the importance of this element in community
30 zoning. Is it therefore proper for the City of Renton to conclude,
31 after exhaustive studies and public hearings , that a petroleum
32 TRIAL BRIEF
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1 storage distribution facility with an ultimate capacity of over
2 seventy one million gallons of gasoline and similar fuels, situated
3 precariously at or near natural waterways , drainage channels , ,
4 recreational facilities , with its skyward reaching tanks one
5 hundred forty feet in diameter, clearly visible on a clear day
6 by thousands of its residents, would not assure the citizens of
7 Renton the "safe, healthful , productive and aesthetic and cultural
8 pleasing surroundings" together with the "fundamental and
9 inalienable right to a healthful environment" for each of our local
10 citizens? The City responds with a resounding affirmative vote to
11 this primary question:
12
13
14 Admittedly, there is a dearth of State decisions on
15 the subject matter before us . However, NEPA, the novel, Federal
16 law has fathered equivalents in about eighteen jurisdictions ,
17 our State being one of them. To the extent that a State Act is'
18 similar in language to NEPA, it is most likely that State Courts
19 will draw on case law under NEPA in interpreting the State Act .
20 Up to now, NEPA has already been the subject of over four hundred
21 lawsuits . There is one acute distinction between the Federal
22 and the State Act whereby the latter imposes more stringent re-
23
quirements as compared to the former. NEPA proclaims that each
24 person should be entitled to a healthful environment. In contrast,
25 our State Act provides that each person has an inalienable right
26
to a healthful environment. Many other States have provisions
27 between those two guidelines .
28
Under NEPA the Courts have held again and again that
29
actions which degrade the quality of the environment, curtail the
30
range of beneficial uses , create both detrimental and beneficial
31
uses , or work to the long term disadvantage of the environment,
32
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SHELLAN.PAIN & SWANSON
Page 18 ATTORNEYS AT LAW
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1 should be considered significant and acted upon accordingly.
2 Moreover, not only must there be a determination as to whether the
• 3 primary effects of a proposed action are significant , consideration
4 must also be given to the "secondary effects" of the proposal.
5 Hanle vs Mitchell, supra. Thus , actions which affect the population
6 concentration, change the character of the community, increase the
7 level of noise, change transportation needs, or rates, or even the
8 water temperature, have been construed to significantly affect the
9 environment . Goose Hollow Foothills League vs Romney, supra;
10 Nolop vs Volpe, 333 F. Supp. 1364 (1971) ; Businessmen Affected
11 Severely vs DC City Council, 339 F Supp . 793 (1972) ; SCRAP vs United
12 States , 346 F. Supp. 189 (1972) ; Izaak Walton :League v Schlesinger
13 337 F. Supp 287 (1971) .
14
15
16
17
18
19 CITY' S SUBSTANTIVE RIGHT TO ENVIRONMENTAL QUALITY. .IJNDER1 NEPA
20 AND SEPA: Reference is hereby made to an article entitled "The
21
Substantive Right to Environmental .quality..under...the .National
22 Environmental Policy Act" found in the "Environmental Law Reporter"
23 (3 ELR 50028) by Richard S. Arnold, which exhaustively covers the
24 most important cases arising under NEPA until 1973, even before the
25 Federal Courts had fully interpreted the importance and application
26
of its provisions . Calvert ' Cliffs: ': Coordinating Comm. vs AEC. ,
27
449 F 2nd, 1109 (1971) is one of the leading cases decided under
28 .
NEPA in discussing sectionl01 of NEPA, explaining and particularizing
29
the National policy, the Court says that it :
30
"leaves room for a responsible exercise of discretion
31 - and may not require particular substantive results in
particular problematic in3tances .
32 The reviewing courts probably cannot reverse a sub-
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1 stantive decision on its merits, under Section 101,
unless it be shown that the actual balance of costs and
2 benefits that was struck was arbitrary or clearly gave
insufficient weight to environmental values . "
3
4 Be it remembered that Section 101 of NEPA is quite similar to the
5 legislative findings of our own State Act.
6
7 In Committee for Nuclear Respnnsibility, Inc. vs Seaborg, 463 F. 2nd
8 783 (1971) the Court opined that
9 "on the ultimate issue whether a prgj ect should be
10 undertaken or not, a matter involving the assessment
and weighing of various factors , the Court' s function
11
is limited"; (emphasis added)
12
13 Likewise in Natural Resources Defense Counsel Inc. vs
14 Morton, 458 F 2nd 827 (1972) the Court stated
15 "so long as the officials and agencies have taken
the 'hard look' at environmental consequences mandated
16 by Congress, the Court does not seek to impose un-
reasonably extremes or to inject itself within the
17 area of discretion of the executive as to the choice
of the action to be taken. "
18
19 One of the few cases wherein a governmental agency had
20 denied a permit in the first instance, is Zabel vs Tabb, 430 F 2nd
21 199 (1970) in which case the Court leaned ,toward the view that
22 NEPA does create substantive rights enforceable in the Court.
23 Zabel was an action to compel the . Corps of Engineers to issue a
24 dredge and fill permit under the Rivers and Harbors Act of 1899 .
25 The Corpshad denied such a permit in 1967 , even before NEPA. THe
• 26 District Court ordered the Corpsto issue a permit but the Court
27 of Appeals reversed and NEPA was one of the grounds given for the
• 28 reversal . The Corps' action was upheld on the ground, as found
. 29 by the Court , that it (the Corp) had a legal duty to consider
30 environmental questions and that its judgment of these questions
31 was one reason for upholding its denial of the dredge-and-fill permit.
32 TRIAL BRIEF
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1 This simply means that the policy provisions of NEPA and SEPA may
2 be used successfully as a shield as well as a sword in proper cases .
3
4
5
6 From the foregoing it has been clearly shown that
7 the Courts have steadily increased their roles in NEPA and SEPA' s
8 implementation over the past three years . They first nudged the
9 agencies toward these environmental goals by policing the impact
10 statement procedure. Next, they examined the reality, not just
11 procedural formality, of the consideration accorded environmental
12 factors by the agency. It now also appears that the Courts will
13 review the correctness of the final decisions made under NEPA
14 and SEPA' s substantive provisions , sometimes finding on the merits
15 that proposed actions are not permitted under said statutes .
16 (See book entitled "Federal Environmental Law" , Environmental Law
17 Institute, editors, E. Dulgin and T. Gilbert West, 1974,
18 Article by Frederick R. Anderson) .
19 The "Institute of Governmental Research, University of
20 Washington" in its "Washington Public Policy Notes" issued as
21 Volume 1 , No . 1, January 1973, makes the following finding:
22 "However, the courts have insisted that adequate
23 environmental impact statements be prepared and be
distributed and reviewed according to the terms of
24 the Act . Once these procedural requirements are
met, however, the courts generally deem their role
25 complete. With the exception of one case (discussed
below) , the courts have declined so far to review
26 the substantive decisions of federal agencies , i. e.
to substitute their judgment for that of the agency
27 on the a onomic merits of the project vis-a-vis its
environmental impact. "
28
29 In general , the Courts will interfere when the agency' s action
30 has been arbitrary or capricious or constitutes an "abuse of
31 discretion" or is "clearly erroneous". These grounds for review
32 TRIAL BRIEF •
age 21 SHELLAN. PAIN & SWANSON
ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG..P.O.BOX 696
RENTCN. WASHINGTON 98055
AL.PINE 5-8678
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1 were originally developed in the common law and were incorporated
2 in Section 706 of the Administrative Procedures Act , enacted in
3 1946 .
4
5
6
7.
8 THE ISSUE OF STANDARDS : It may be assumed that Plaintiff
9 will allege, among others , that the City had failed to establish
10 definite and certain standards when imposing conditions and terms
11 for a "special permit" . The total thrust of Plaintiff' s argument
12 in that regard can be quickly disposed of by referring to the case
13 of The STate of Washington, on the Relation of Standard Mining &
14 Development Corporation, Respondent v .The City of Auburn et al,
15 Appellants , 82 Wn (2d) 321 (1973) . The headnote of said case
16 reads as follows : •
17 "Specific guiding standards for the establishment
18 of conditions to be imposed on special use permits
are, owing to the considerable variation 'from case
19 to case,• not appropriate and, so long as due process
and equal protection rights are afforded to parties ,
20 not necessary. " (emphasis added)
21 .' .
22 The issue in that case involved a special permit for a gravel pit
23 within the City of Auburn which the City Council was willing to
24 issue provided that certain conditions and terms were attached
25 to any .such special use permit . The Court, on page 328 of the
26 opinion, states follows :
27 "We are cited to no authority holding that a
zoning ordinance must specify standards for
28 . imposing the conditions under which a special
use permit will be issued. "
29
30 On page 329 of the opinion,
"Thus it appears that the courts have developed
31 certain rules relating to the imposition of
conditions , but none, insofar as we have been able
32 to determine, has said that the ordinance authorizing
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the issuance of permits must specify. standards ' for`
2 the imposition of conditions . "
3 On page 330 of the opinion:
4 "If the purpose of the requirement of the special
permit is known, the court can examine the conditions
5_ imposed and after having heard the evidence, can
determine whether it is reasonably calculated to
6 effect that purpose and whether it is unnecessarily
7
onerous 11
"As we recently indicated in .Barry & Barry, Inc.v o r n. 2 1 00 .
Department f Moto - Vehicles , -. 81. W n 55, 5
2d 540 (1972) , the :specification of standards is not
always appropriate -in administrative :actions. :. .The
lQ function of prescribing the conditions under which_.'.
- a special' use :permit :may be enjoyed; is:one to which.
this principle is applicable.' . Only rarely will the
environmental factors affecting different special_
use applications be the same. Generally speaking,
13 -
the conditions imposed must necessarily differ from
- - case to case;- --This 'does :.not mean that the applicant . ..
isdenied due p process of law the equal protection
ro ss or.
of the laws--so long as he is grunted a hearing, a
a 15 right of appeal , and a chance to show that . the
_. ' conditions are unreasona l e,, that is , unnecessarily
16 burdensome or unrelated to the purpose which they.
• are legitimately designed to serve. " (emphasis added)
17
18 ..
19 City respectfully submits that the above determination
20 '_by the Court is fully applicable to the case at bar: : It would be
21 nigh impossible to establish and enforce guidelines to be
.. 22. incorporated into a statute or ordinance relative to each
•
23 'environmental aspect of a case; a governmental unit certainly .
24
could not adopt "standards" that, i. e. would limit: the "amount_ of.. .
25 tank trucks to a certain number per day or night , or. establish
26', that a certain amount of gallons of air pollutants would ,
27 automatically be prohibitive,' or that a certain facility i. e. a tank
28 farm should not be- located immediately adjoining public waterways
29 or recreational areas or that the addition of a certain amount
30 'of traffic to already overcrowded highways should not be tolerated. .
31 Instead, as the Court has stated above, the City has a right to
32 TRIAL BRIEF
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•
1 look at the totality of all of the various elements and environmenta
2 effects and thereon make a bona fide judgment as to its cumulative
• 3 effect on the community' True enough, there may be cases where
- 4 one single adverse environmental. effect may not by .itself justify
• 5 the denial of a permit or a license but the cumulative adverse
6 effect of a number of elements may give the governmental agency
7 discretion,, to be exercised in good faith, that the policies of
8 SEPA would be violated if such a permit or license were granted.
9 This obviously the City has done in this case since the denial of
10 the permit was not predicated on any single ground but a considerab]
11 number of justifiable grounds
12 Plaintiff may also allege that the City of Renton had
_13 no right to limit or prohibit a petroleum storage and distribution
14
facility. This allegation was amply answered in the case of
15 City of Douglass, Butler Co . , Kansas et al , Appellants vs Tri-Co
16 Fertilizer, Inc. , Appellee , 519 Pac. Rep. 2d, 724 (March 2, 1974)
7had statutory authority to prohibit
1 The Court held that the. City
18
land from being used for storage of anhydrous anmonia and that an
19 ordinance' prohibiting such storage within the City limits was not
20 arbitrary or unreasonable. A municipal corporation, in the
21 exercise of its police power, may make regulations with respect to
22 property within its borders provided the regulations are reasonabl(
23 and bear substantial relation to the preservation of the public
24 health, safety or welfare. It should be remembered that the above
25 case was decided without any reference to •eitherNEPA or that State
26 Environmental Protection Act.
27
28
29 Another interesting case rebutting Plaintiff' s so-callec
30 "rested right" doctrine is Metropolitan Dade County v Rosel
31 Construction Corp . , 297 Southern Reporter 2nd, P. 416 (June 26, 19;
32 TRIAL BRIEF
SHELLAN. PAIN d SWANSON
Page 24 ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG..P.O.BOX e 6
RENTON, WASHINGTON 98055
ALPINE 5-8678
•
•
1 In that particular case the developer of a condominium apartment
• 2 complex submitted to the City for a building permit and admittedly
3 the. developer had complied with all requirements of the City for
4 the issuance of such permit. However, the Court held that the
5 developer, as a matter of law, did not have a vested right to .
6 the issuance of a building permit where the County (not the City)
7 had imposed a hold on building permits for construction that would
8 connect to a certain sewer outfall system. In that case the
9 County demonstrated clearly that a substantial question as to
" 10 the effect of the construction upon the public health did. exist.
11
12
13 A most recent State case relates to administrative
14 procedures, judicial review, and the test to be applied in
15 and
evaluatingsuch action, /reference is made to the case of
16 The Department of Ecology et al, Respondents, vs Ballard Elks
. 17 Lodge, No, 827, Ap' pellant 84 Wn (2d) , P 551 (November 29 , 1974) .
18 Although that case refers to the State' s Shoreline Management
19 Act, the review procedure adopted by the Court is quite similar
• 20 to those -'enunciated by the Federal Courts as above stated. In
21 this case the Shorelines ° Hearings Board issued a permit to the
22 developer but the Trial Court reversed the judgment of the Board.
23 Upon appeal, the judgment of Superior Court was reversed and the
24 Board' s order reinstated. It was held, among others as follows :
25 "The Shorelines : Hearing}sBoard is a quasi judicial
26 body created by RCW 90. 58 . 170, with authority to
review the grant or denial of a shorelines management
27 substantial development permit. Its proceedings are
subject to pertinent provisions of the Administrative
28 Procedure Act (RCW 34. 04) , as is judicial review of
its decisions . " RCW 90. 58 . 130 (3)
29 "The 'clearly erroneous' test for judicial review
30 • of administrative action under RCW 34. 04. 130 (6) (e)
applies to both trial and appellate courts . Upon
- 31 ' appeal from the Superior Court ' s application of the
'dearly erroneous ' standard, the Appellate Court •
32 applies the standard directly to the administrative
decision. " (emphasis added) .
TRIAL BRIEF
SHELLAN. PAIN &SYYANSON
Page 25 ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG..P.O.BOX 626
RENTON, WASHINGTON 98055
ALPINE 5-8678
.
•
•
•
A .
1 "To reach a conclusion that a decision or order
of an administrative tribunal, such as the Shorelines
2 Hearings Board, is ' clearly erroneous ' within the
3 purview of RCW 34. 04. 130 (6) (e) , the reviewing
Court must, based upon the record before it, be
4 firmly convinced that a mistake has been committed,
even though there be evidence supporting the decision
5 or order. Ancheta vs Daly, 77 Wn (2d) 255 (1969)
In the course. of judicial review, due deference must
6 be given to the specialized knowledge and expertise
of the administrative agency. The reviewing Court
7 cannot simply substitute its judgment for that aE,
the agency. Farm Supply Distribution, Inc. vs State
$ Utility and Transportation Commission, 83 Wn 2d 446
• (1974) . "
9
10
11
12
13
14 APPEARANCE OF FAIRNESS DOCTRINE -- CONFLICT OF INTEREST:
15 Plaintiff alleges in paragraph IX of its Petition that the
16 "Appearance of Fairness Doctrine" has been violated by the City
17 and some of its officials ; in particular, Shell seeks out two
18 members of the City Council , Messrs . Richard Stredicke and William
19 Grant, as its likely targets . It claims that the Councilmen
20 displayed "closed minds" and deprived Shell of a fair hearing;
21 in addition, Councilman Grant is accused of a conflict of interest
22 because he works, part time, for the Washington Jockey Club.
23 The City rejects these allegations as groundless and
24 without any basis in fact whatever. Our Supreme Court has , over
25 the last few years , articulated the appearance of fairness doctrine
26 in the following. cases : Smith v Skagit County, 75 Wn 2d 715 (196S
27 Chrobuck v Snohomish County, 78 Wn 2d 858 (1971) ; Fleming v Tacoma,
28 81 Wn 2d 292 (1972) ; Narrowsview Preservation Association et al,
29 Appellants , vs The City of Tacoma, 'et al., Respondents, 84 Wn 2d: . 41(
30 (1974) .
31 These cases have no applicability to the case at bar
32 TRIAL BRIEF
Pa
ge 26 SHELLAN, PAIN & SY/ANSON
ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG.,P.O.SOX 634
RENTON• WASHINGTON 98055
ALPINE 5-8678
•
•
.
•
1 by any stretch of the imagination. Elected councilmen must be
2 open-minded, objective and impartial in matters coming before them
3 but there is no law or judicial fiat requiring them to be "deaf
4 and dumb" and afflicted with"zombie like"qualities . They have a
5 right , during any public hearing, to comment, to ask searching and
6 even embarrassing questions , and express concern for the welfare
7 of the City ' s residents . This our council members have done
8 without fear or mental reservation. The City' s Code of Ethics
9 law (Section 1-3101 et seq of City' s Code) which incorporates the
10 State statute relating to municipal officers (RCW 42. 23 et seq) was
11 scrupulously adhered to.
12 Councilman Grant is a school teacher by profession and
13 employed by the Federal Way School District. During summer periods
14 in the past, especially while attending college, he has worked
15 part-time within the Longacres ' premises directing parking of
16 customer automobiles. He was paid for such labor at the prevailing
17 rate. He is not and has never been a stockholder, officer, director
18 or spokesman for the Washington Jockey Club or any related entity
19 and was in no way involved with Longacres ' belated objection to the
20 proposed "Tank Farm" next to it when its Seattle law firm appeared
21 at the public hearing before the City Council last August. Mr.
22 Grant has in no way violated, even in the slightest , any provision
23 or teLui of the applicable State law or City ordinances .
24 It is true, however, that Mr. Grant and many others have
25 a deep and profound dedication to the preservation of "open space"
26 and wildlife habitats, not linked, however, to the Shell property,
27 but on a regional, State and National basis . One' s dedication to
28 the principles of the State Environmental Protection Act, as above
29 outlined, does not, however, constitute a conflict of interest. or
30 a disqualification:
31
32 TRIAL BRIEF
Page 27 SHELLAN. PAIN &SWANSON
ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG..P.O.BOX 62e6
RENTON. WASHINGTON 99055
ALPINE 5-8678
•
1 Finally, one may summarize the totality of all the issues
2 involved in the case at bar by asking this simple question.
3 Recognizing that storage and distribution of petroleum
4 products is not a permitted use if certain pollutants should result
5 therefrom, and viewing all of the information and data contained in
6 the final Environmental Impact Statement, together with citizens '
7 'input" at hearings extending over a period of eighteen months or
8 more, and giving full consideration to the principles enunciated
9 in SEPA, then did the City Council and the City' s Planning Commission
10 act arbitrarily, capriciously, fraudulently, or arrive at a "clearly
11 erroneous" conclusion??
12 To ask this question is to provide the answer unhesitatingly
13 The history of Federal and State Court decisions above cited
14 clearly demonstrate the discretionary powers of a legislative or
15 administrative body to deny a '§pecial permit" under the peculiar
16 facts of this case.
17
18
19 •
20
21
22
23 Dated March , 1975 .
24
• 25 Respectfully submitted
26
Gerard M. Shellan of
27 SHELLAN & PAIN, City Attorney
28 for City of Renton
29
30
31 .
32 TRIAL BRIEF 0
Page 28 SHELLAN. PAIN &SWANSON
ATTORNEYS AT LAW
•
100 50.SECOND ST.BLDG..P.O.BOX 626
RENTON, WASHINGTON 98055
ALPINE 5-8678
BIBLIOGRAPHY
1 Further reference is hereby made to the following
2 information:
3 1. Hydro-Carbon Emissions from Refineries , July, 1973,
4 Publication No . 928 as issued by American Petroleum
Institute, Washington, D. C.
5
6 2. Mulford - Carrell Act , Part I and II, State of
7 California Air Resources Board relating to general
matters of pollution control and emission standards.
8
9 3 . A Population Exposure Index for Assessment of
10 Air Quality Impact, July 1974, issued by the
Stanford Research Institute, Menlo Park, Calif. 94025
ll USA
12
13 4. Pollution Primer, issued 1971 by the National
Tuberculous and Respiratory Disease Association
14 relating to pollutents generally, including hydro-
carbons .
15
16 - 5 . National Institute of Municipal Law Officers (NIMLO)
re 1974 report of the Committee on Environmental
17 • Protection
18 6. The Slate of Washington, Department of Ecology,
19 pter 1/3 - 62 Washington Administrative Code
re "Motor Vehicle and Noise Performance STandards"
20 adopted January 30, 1975 .
21 7. The Environmental Policy Acts : Analysis and
Application, Willamette Law Journal , Vol. 10,
22 No . 3 , Suuuuer, 1974.
23 8. Architectural Controls : Aesthetic Regulation of
the Urban Environment, The Urban Lawyer, The National
24 Quarterly on Local Government Law, Vol . 6, No . 3,
Summer, 1974.
25
26
27
28
29
30
31
32 TRIAL BRIEF
SHELLAN. PAIN &SWANSON
ATTORNEYS AT LAW
100 SO.SECOND ST.BLDG..P.O.BOX 020
RENTON♦ WASHINGTON 98055
ALPINB 5-8678
BEGINNING
OF FILE
FILE TITLE SUG - a PUBLIC HEARING
SNELL C711. COMPANY
gPEG1AL USE P�RMl7u. FOB DISTI�tBUT/ON
•PLANT
CARING ^ This being the date set and proper notices
'� ,. p p having, bee h published
Vacation' ' and posted as required, Mayor Pro tem Delaurenti opened the Public
Road #80t'. Hearing continued from April 21 , 1975, to consider the vacation of a
portion of County Road No. 80 (3rd Ave. Extension) in the vicinity
•1.t,; of Renton Shopping Center as requested byRobert L
. E lwar d s.'
,' Transportation Committee Report was presented by Chairman Perry
recommending that the vacation be granted as petitioned and that
it is not necessary that the proposed additional 'property; be dedicate
to the City.. The report further recommended that a vacation fee in
' the amount of $210 be charged and that the matter be referred to
the Legislation Committee for drafting of the ordinance, which will
be held pending receipt of vacation fee. MOVED BY PERRY, SECONDED
BY STREDICKE, COUNCIL CONCUR IN. COMMITTEE REPORT AND R 'FER THE MATTER
TO THE LEGISLATION COMMITTEE. CARRIED. MOVED BY PERRY, SECONDED BY
STREDICKE, THE. PUBLIC HEARING BE CLOSED. CARRIED. (Time: : 8:16 p.m. ) '
PUBLIC HEARING This being the date set and proper notices having been published and
' Honeydew Too ' ' ' posted as required, Mayor Pro tem Delaurenti opened the, continued
Apartments ' " Public Hearing to consider the further development of proposed Honey-
Continued from dew Too Apartment Complex in the vicinity of 1150 Union Ave. N.E. ;
, April 7, to continue Whitman Court N.E. Street Vacation within the Honeydew '
:April 14, to Estates residential area; dissolution of L. I.D. 288 requirements
April 21 , to . (street and lighting installation for alternate access to the, North)
April 28,' to " and vacation of Whitman Court N.E. which is within the Honeydew Apart
May 5, 1975 . ment Complex;', and provide for 40-foot access to the proposed apart-
ments from the northeast corner thereof to Sunset Highway..: Public
Works Committee Chairman Bruce reported Dura Development Co: had not
yet met with the committee and requested the hearing belpostponed. '
Public Works Director Gonnason noted $10,000 bond had been;-posted• by'
, Dura Development Co. in 'order to assure that landscaping would be ,
completed and maintained; that the turn-around for firefighting equip- , ,
. ment was considered and approved by the former Fire Chief pursuant ,:,', .
to the requirements of the agreement; that Dura Development Co. did ' +
� , ' • , petition for creation of, LID extending Whitman Court N.E. to Sunset
Blvd.,thatis now in the jurisdiction of the City; that'the',petition
for vacation of unneeded. portions' of Whitman Court N.'E.rcould not be
consummated until LID completed. Public Works Director 'on 4/23/75
this report had been delivered to the Mayor and Council on 4/23/75
and indicated that Dura Development Co. has met'and .compliance
: with May 1974 Agreements subject to these comments. Mr. Mike Smith, '
3402 N. E. 7th, asked the Council to delay building until' guidelines
have been set forth. MOVED BY BRUCE, SECONDED BY CLYMER, COUNCIL
CONTINUE PUBLIC HEARING FOR ONE WEEK. CARRIED. ' (Time: - 8:25p.m. ) `
CORRESPONDEINCE AND
CURRENT BUSINESS Claim for Damages'filed by Phillip_A. Schmolke, ' 230 Rainier Ave. S. ,
Claims for . in the amount of $37,000 for collision with tractor and trailer alleged.
Damages by the City failed to install "no parking" signs on the South side of
' P.A. Schmolke & , 3rd Ave. Claim for Damages filed by Jacqueline Marie Rusiso' a/k/a
Russo/Schmolke ' , Schmolke, 1709 State Rd. , Cuyahoga Falls, Ohio, in the amount of
$154,500 for personal injuries while passenger in auto driven by
P.A." Schmolke,alleged accident due to failure to post "no parking"
signs. , MOVED BY BRUCE, SECONDED BY PERRY, REFER CLAIMS TO CITY ATTOR-
NEY AND INSURANCE CARRIER. CARRIED. ' , :
Management Letter from the City of Renton management employees requested sanction
Association. ` in the formation of the City of Renton Management Association for the '
' following purposes: To collectively negotiate with tide Mayor and
' City Council on salaries, benefits and working conditions;' to raise
p management stanards,; encourage spirit of pride, unity and cooperation;
. to improve the quality of management and to provide partigipation in
• [ meaningful projects. ' The letter also requested authorization for pay-
roll deduction for dues, with membership available to all full-time
r management employees. MOVED BY CLYMER, SECONDED BY STREDICKE, COUNCIL
REFER THIS COMMUNICATION TO. THE FINANCE AND PERSONNEL COMMITTEE. ' CARRIED. '
Shell 'Oil :Co. ' Letter from City Attorney Shel lam'.reported Shell Oil. Co. vs City,
Court, Case King County No: 7860591 sumnarized~Judge Hunter's oral decision given':,
4/22/75 (verbatim transcript available next
week):) The basic issue . •
before the court was whether the City acting through its Planning
Commission and Council , had acted arbitrary and capriciously or •not,: '
the Courts personal, view on special permit ,not being relevant. '
•
•
' 'i %
S1 .
Renton City Council
4/28/75 - Page 4
CORRESPONDENCE AND CURRENT BUSINESS - Continued
Smoking Banned "No Smoking" signs in the appropriate places and the new regulations
in Council be posted. MOVED BY STREDICKE, SECONDED BY CLYMER, SMOKING BE BANNED
Chambers IN THESE CHAMBERS AND THE MATTER BE REFERRED TO THE LEGISLATION
COMMITTEE FOR PROPER ORDINANCE. MOTION CARRIED.
Funds under Letter from Planning Director Ericksen noted previous approval of
Housing & the Agreement for Planning, Distribution of Certain Block Grant Funds
Community and Execution under the Housing and Community Development Act of 1974,
Development and that it is necessary to amend this agreement in accordance with
Act of 1974 request of King County Housing and Community Development Coordinator
Chuck Bean, as requested by HUD. The letter further noted the changes
do not alter the intent of the agreement and requested the Council
authorize the Mayor and City Clerk to execute the agreement. MOVED
BY CLYMER, SECONDED BY BRUCE, COUNCIL CONCUR IN THE REQUEST OF THE
PLANNING DIRECTOR AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE
THE AGREEMENT AS CHANGED. CARRIED.
Proposed Letter from Public Works Director Gonnason recommended that funds in
Installation of the amount of $3,175 be appropriated for the installation of
Alarm System fire detection equipment in the main Library and the Highlands
in Libraries Branch Library, due to the recent rash of fires in book depositories.
The letter submitted proposal from ADT Security Systems outlining
five smoke detectors in the main Library at a cost of $1 ,657 and
four smoke detectors at the Highlands Library at a cost of $1 ,518.
The letter recommended monies be appropriated from the Contingency
Fund to the General Services Division. MOVED BY CLYMER, SECONDED
BY BRUCE, THIS REQUEST BE REFERRED TO THE FINANCE AND PERSONNEL
COMMITTEE TO INVESTIGATE AND REPORT BACK. CARRIED. _
AUDIENCE COMMENT Mayor Pro tem Delaurenti introduced King County Councilman Forsythe.
Appreciation of Mr. Larry Gibson, 2842 NE Sunset Blvd. , expressed appreciation for the
"No Smoking" banning of smoking in the Council Chambers. Mr. Gibson, Planning
Commission Member, noted the outstanding job done by City Attorney
Shellan on the Shell Oil case.
Inquiries Mr. Mike Smith, 3402 N.E. 7th, asked the Council reply in writing _
Regarding within 14 days to the following questions: The policy of the City
Land Planning regarding future growth and the basis derived and the extent of
community participation. The maximum population density per acre
and the intent as to density; the rezone of single family areas to
multi-family developments and as to consideration between business
and homeowners re rezone. Mayor Pro tem Delaurenti noted the letter
would be answered but no time limit could be set. Mr. Stredicke
and Mr. Gibson invited Mr. Smith to attend Planning Commission Meet-
ings, noting requests for public in put and lack of interest by other
than those persons involved. City Attorney Shellan invited Mr. Smith
to study the Comprehensive Plan and Map which have been available
for 10 years listing the City' s aims and goals,
Comments Mrs. Caroline Terry, 516 Pelly Ave. N. , commented regarding Honeydew
Apartments and asked the Councilmen to be responsive to the needs of
the community.
Schneider Rezone Mr. John Tilton, 3511 NE 6th Si. , representing a group opposing the
Gerald Schneider rezone of property on Monroe Ave. N.E. , demanded
that an Environmental Impact Study be made for that rezone and that
Mr. Schneider bear the cost. Upon inquiry by Councilman Stredicke
as to the determination for an E. I.S. , City Attorney Shellan advised
the responsible public official makes the determination, that it is
not a legislative matter, that in the case of rezone or special permit
it would be the Planning Director or Public Works Director; but that
in most cases an assessment is sufficient. Following further discus-
sion, it was MOVED BY STREDICKE, SECONDED BY PERRY, COUNCIL HOLD PUB-
LIC HEARING ON THE SCHNEIDER REZONE MATTER ON MAY 12, 1975. Community
Services Committee Chairman Clymer noted concurrence that this matter
be pulled from committee for the hearing. MOTION CARRIED. MOVED BY
Public Hearing BRUCE, SECONDED BY STREDICKE, COUNCIL RECESS. 04RRIED. Council recon-
5/12/75 vened at 9:45 p.m. with all Councilmen present at Roll Call as previ-
ously shown.
V
j.,
Renton City Council
4/28/75 - Page 3
CORRESPONDENCE AND CURRENT BUSINESS
Shell Oil Case The letter further summarized: New area of environmental law has been
Continued entered with old laws and decisions modified; environmental concerns
prior to issuance of any permits are obligation of governmental bodies.
Final Aruguments The court felt one of the major reasons for denial of the special per-
Heard 4/21 & 22 mit by the Commission and Council was based on allegation that Shell
before the had misled the local government by failure to tell of latest type of
Honorable Judge emission controls, i .e. , vapor recovery and the court found basis for
David Hunter such feeling; the court further found Shell did not offer any "vapor
; recovery system" until their appearance before the Council and wanted
to install a system as cheaply as possible. Although the City offici-
lals may have had a right to be "mad" at Shell 's failure to advance
! the latest technology, this did not allow the City to deny a special
permit upon such a personal basis, and in so doing, the local officials
acted in an arbitrary and capricious manner as the denial was not based
upon fixed, written standards. That assuming the City's Zoning Code
allows the Commission to impose conditions for a special permit, the
' court notes that SEPA does not contemplate unbridled discretion on
local governmental bodies and some limitation and standards must be
; set; that except for visual pollution all the matters considered, i .e. ,
noise pollution spill potential , etc, are to be reduced to written
standards by the City so that any applicant would be aware; that the
City is entitled to impose standards to determine issuance of special
permits; that denial of application for special permits without estab-
lished standards is denial of due process and equal protection. The
court further found that the issuance of prior permits to oil companies
does not prevent denial of permit to Shell if based on reasonable
standards.
The court pronounced its decision re Shell 's complaint which requested
six judgements: Shell had requested the court to issue a declaratory
judgment that Shell 's requested plant is a permitted and lawful use
under the City's laws; that no special permit required; that Shell 's
; rights to the zoning on its property and a building permit pursuant
to that zoning have vested; that Shell has complied with SEPA and is
entitled to construct the plant. These judgments were denied by the
court. The judgments granted: Shell's request that if specialsOZ-57Thermit
is required, what standards and conditions may be lawfully applied by
the City; the acts of the City to be arbitrary and capricious in
denying permit to construct the facility and voiding said denial .
A Writ of Mandamus was also denied by the court which would have
authorized construction and issuance of building permit.
The letter concluded that the court remanded the case to the City to
' allow the City Council and Planning Commission to re-examine the peti-
tion and set up and establish reasonable written standards contolling
the issuance of special permits so that any applicant would know in
advance what conditions would have to be met before being entitled to
a permit or permitting the City to deny a permit. The Attorney then
noted the need for the Planning staff, with expert help, to prepare
standards applicable to certain types of businesses, including tank
farms, which would be applicable to all applicants on a non-discrimina-
tory basis, that the City has the right to deny issuance of special
permits if these reasonable standards cannot be met or the proposed
activities would be harmful to the environment at a given location.
Councilman Stredicke complimented City Attorney Shellan for handling
of the case. MOVED BY STREDICKE, SECONDED BY PERRY, THAT THE COUNCIL
REFER THE COMMUNICATION TO THE PLANNING DEPARTMENT AND PLANNING COM-
MISSION AND THE MATTER OF THE FINANCING TO THE FINANCE AND PERSONNEL
COMMITTEE. Upon inquiry by Councilman Perry as to time limit with
decision, the City Attorney replied negatively. The Attorney called
• attention that written "findings of fact, conclusions of law and judg-
ments" are not yet entered and the case will not be concluded until
received and approved by the Judge and the possibility exists of an
appeal . MOTION CARRIED.
Public Health Letter from City Attorney Shellan advised of Washington State Depart-
Regulations ment of Public Health Regulation effective 4/12/75 prohibiting smoking
of tobacco in certain public places and suggesting the posting of
1 ids r ' /II/'"('.; ,,,. - '
0
OFFICE OF THE CITY ATTORNEY • RENTON,'WASHINGTON
0 I'':; 0f POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 93055 ALPINE 5.8678
: . SHELLAN, CITY ATTORNEY
�'A '�- „> co. GERARD M. - � February 19 , 1975
o� <� - JOHN K. PAIN, AL, ASSISTANT CITY ATTORNEY - _.
4TFfl SEPIt°
fa
,
Hon. Warren Chan, Judge '+
Presiding Department
_Ming County Superior Court
King County Courthouse
,Seattle, Washington
Re : Shell Oil Company, Inc. vs City of
Renton
Dear 'Judge Chan:
The u"dersigned is the Attorney for the City of Renton ,
.Defendant in the above case and fir. Wesley Hodge , Esq. is
the attorney for the .Plaintiff. The case is now set for
trial beginning on March 17, 1975 .
This concerns an appeal by the Plaintiff from the denial
of a "special permit" by the Plennin Commission and City ''
Council of the City of Renton to construct and operate a _ .
petroleum distribution facility within the City of Renton.
The return to the Writ of Certiorari contains a multitude
of documents , records and miscellaneous data including
preliminary and final environmental impact statements (EIS) .
both Hr. Hodge and the undersigned firmly believe that this
case should be pee.-ass?fined in order to save the Court ' s and
litigants ' time: It would be advisable for such pre-assigned
3ud.,re to becomze, acquainted with all o•t these pertinent . documents
now on file and others . that both counsel will intro1uce.
Would you please , therefore , consider this request for pre-
- assignment and advise both of us what Judces will be available
For that purpose.
If you need any additional :information , please advise. . ''•'
We remain
Fesnectfully yours ,
I hereby concur in the.
foregoin,3: Gerard 41.Shellan
Wesley Hodge rr .r � . . - •,'
Plaintiff El)
J
0
C% r 2. OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON
tmehap
!- �,.,Y POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 99055 ALPINE 5-8678
~ GERARD M. SHELLAN, CITY ATTORNEY
;NTJi.77JJ
� 4Q- JOHN I'F; .�Q 1 . S1�I1jf1 17 4TTORNEY .
'eb SEP�0°� ..++
Mr. Gordon Ericksen Mr. Donald Humble
Planning Director . 360 Stevene S. W.
City Hall - Renton, Washington 98055
Renton, Washington
Mr. Richard Stredicke Mr. Clark Teegarden
1014 Tacoma Avenue N. E. 264 Seneca P1. N. W.
Renton, Washington 98055 Renton, Washington 98055
Re: Shell vs City of Renton; King County Cause No. 786059
Dear Folks:
We are handing each of you herewith a copy of the Court
Report 'sletter dated February 14, 1975, received today, -
together with the original of each of your depositions.
Would you please read over your own deposition and make any
corrections on the attached sheet,following the instructions
thereon.
Thereafter please return the original to the Court Reporter
at 1833 Pacific Building, Seattle, Washington 98104. Please
forward one copy of the correction sheet to our office.
The original of the document should be returned during the
next seven (7) days.
If you have any questions, please let us know.
We, remain
Very truly yours,
Gerard IL Shellan
GMS :bjm
Enc. (Deposition)
0
\\ INTEROFFICE MEMO
Date '
TO: .' . •
FROM: •
SUBJECT: „
A
•
Friday,
January 24, 1975 ,F
y
I
Renton, King County, Washington
Planners drop
. , . , ,
Investigation• • .
intoOiltank
Renton Planning Commissioner Pipeline, which pumps oil from
Art Scholes says his committee has Northwest Washington refineries to ,
dropped an investigation into the Renton.
procedure under which a building Scholes had expressed concern that '
permit was granted for construction the city's action in granting Olympic
of an oil tank; the permit might be used against the
Scholes says'the decision was made city by Shell Oil in court. Shell filed
on the advice of City Attorney Gerard suit against Renton last year after it
M. Shellan. - was denied permission to build an oil
, " "I assume there will'be no action tank farm. -
unless we are otherwise directed," '
"Mr: Shellan has informed us the
Scholes said Wednesday. "We were planning commission is an advisory
informed we could be putting our-
'1 selves in a sticky position individually body, and we have no-basis to
if we.continue the investigation." challenge issuing the permit to
The planning commissioner said Olympic," Scholes said.
that "sticky position".might result . He noted'the Olympic tank would be
' from one city agency investigating used for safety and for temporary
the actions of another. storage of mingled fuels. t
The building permit for construc- "This is not a distribution tank like
, tion of the 10,000-barrel oil tank was Shell's," he said. "It's a,n entirely
granted last month to Olympic different area." , 1
Eight cit -officialsY
called on Sheitsuit
Eight Renton city officials will there, too," City Attorney Shellan
appear in City Attorney Gerard M. said. "And a court reporter will be
Shellan's office Feb.4 to give,deposi- there to take the testimony."
tions concerning Shell Oil's suit Shellan said a deposition could be
against the city. used during the trial to impeach a
The eight will appear at Shell's re- witness if he later.,gives contrary
quest.A deposition is a written state- testimony. •
ment that may be used as testimony •
in court in place of an appearance by T•
he eight who will give depositions
the witness. include Mayor Avery Garrett, two
Shell filed suit against Renton last city councilmen — Bill Grant and
.September after the planning com Richard M.Stredicke,three planning
mission and city council both rejected commissioners = Don Humble, Art
Scholes and Patricia Seymour,Plan-
the company's request for a special
permit to build an oil tank farm at ping Director Gordon Y. Ericksen
Orillia Flats. , and Associate Planner Gary Kruger.
The trial is scheduled to begin All three planning commissioners
March 17 in King County Superior asked to give depositions, also
Court. opposed Shell's tank farm.
The eight officials will, be Most of the arguments against the
questioned by Shell attorneys Feb.4. tank farm were based on en-
1 ,
"We are, of course, going to be vironmental grounds.
•
._, ..� �, THE CITY OF RENTON
MUNICIPAL BUILDING 200 MILS,AVE. SO. RENTON,WASH, 98055
0,o >` (o AVERY GARRETT, MAYOR DELORES A. MEAD
0 Q` CITY CLERK
FD SEPt_ October. 22, 1974
To: Mr. G. M. Shellan, City Attorney
From: Del Mead, City Clerk
Re: Court Order for Records
Shell Oil Co. Appeal of Planning Commission Denial
of Special Use Permit - August 26, 1974 Public Hearing
•
We transmit herewith, three certified copies of 12 page verbatim transcript
of recorder's shorthand notes as taken at the August 26, City Council Public,
Hearing on the. Shell Oil Appeal as requested in Superior Court Writ of
Certiorari No. 786059.
In addition to the certified set of complete Clerk's file records handed
to you yesterday for the court, we are transmitting two additional certified
copies of the same documents for the plaintiff's attorney and for your
files, as you requested, which include file from the public hearing and
certified copies of the comprehensive plan and zoning ordinance and the
preliminary and final environmental impact statements. We believe this
completes the writ as concerns our office. If there are any further docu-
ments or information needed, please advise.
Yours truly,
trth-e.r4. a_Th 4t
DM/m
cc: Hon. A. Garrett, Mayor. 0 '
Mr. G. Ericksen, Planning Director
Mr. E. Clymer, Council President
Mrs. G. Marshall , Finance Director
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`; Furgurson:
. "S `—',lit �
fl"Scientists learn of frigh• �4►a of .ects of. •
r � . oi•l on marine life
WOODS
HOLE, Mass. .,s.,. <;�,, , Ahvn tissues• after 49 days IT HAS been., trying
— This is where the 1 �,:.,, .yfor cause its
`These . . . arepure scientists . . . Th p'_ ° �� 3f suCl�•exposure, theyhave six ' lawyers say the
,� tvorld's foremost marine years. It has •been law is invalid.
y ' times the amount.in blocked repeatedly. Last
scientists have been explor- ��; Qhe'water, winter, the Maryland Legis- Meanwhile, the county au-
ing the plants, animals, cur- COme with cold objectivity but with unifor rri' �' !attire passed a law saying thorities have sent a deputy
rents and chemistry of the His conclusion is that, with a letter ordering the
given any alternative, sane,,, it could not proceed unless
oceans for more than 45er build building halted..The gover-
tration of oil in marine life eluding oils. When the sink men
or other.willoil facilities eum approved n St•May's Coun- company
years. Their recent re- gnor has said the coin an
search• has produced evi- becomes many 'times great- Y might be building,
to the deep ocean floor af- on bodies of water, espe- ty. Last month,,the public g but it is
�, deuce against mixing oil er than 'that in the sur- ter dischar a at sea theycially where s e a f o o d is turned down the refinery by not going to operate any oil
i and water that should be rounding water. g e; even remotely involved. a 2-to 1 vote. Yet now,the refinery there. Yet still the
overwhelmingly final. not break' up and 'dilute; Y company, ignores all and
The most chillingknowl- be-
,DR. HOLGER Jannasch they accumulate company says it is goinggoes ahead.
year by THESE AND dozens Like ahead with construction, be- (Copyright,1974,The Baltimore Sun.)
1 edge added in recent years is conducting deep-sea ex-
Dr. them are pure scientists,
to all the layman obvious periments to follow up the Dr. Frederick Grassle has not.laboring with the hired
reasons for not building accidental discovery that a devoted himself to studying bias of industry researchers
seaside refineries, or other- box lunch left for more than the aftermath of the fuel-oil i and not as.environmental
wise risking oil spills into a year aboard a scientific northl in Buzzard'sn Bay, c a u s a d e c s, either. Theircod
t man's precious remaining submarine- that sank in of here, in September, . warnings come with cold
man' resources,precio is that oilg more submarine
- h0 feet deco - 1969. He has concluded that objectivity but with uniform
persists in water and on posed much more slowlyito takes atm least eive years'• alarm. Anyone who knows
bottom and shoreline-almost than it would have at se for bottom sediment'single such
re- what science has found out
indefinitely. The parallel level. This research is prov- cover from a single such about oil and water cannot
1 fact that makes this fright- ing that high pressure and -spill, and that this constant- insist on mixing them
eningto fishermen and low temperature slow the ly affects subtidal life for against the evidence—and
l' p
those millions sustained by breakdown of other degrad- that period:-,-----•---- indeed against the human
seafood is that the concen- 'able matter—specifically ink v° BUT OYSTERS in an beings directly affected.
area with tinybut steadyoil° But the operators of the
Steuart Petroleum Compa-
leakage never will recover y, a Washington-b a s e d
Potomac Fever completely, Grassle says. onglomerate, seem deter-
He maintains that the pub- fined to'defy science, coin-
!( ASHINGTON :- The tree, it could end the h•roin lic should be less concerned on sense, public opinio
G. 0. P. feels like a trade in time at alY about the inevitable but in- d the law to build a refin-
youngster on his liiy
to frequent catastrophic spill ry on the tranquil, oysters
class when he sees the Garage sale by the Wl' •- than about chronic low-level rich lower Potomac River,
{ schoolhouse on fire. House: Lock-repair kit, -pa- le:kage. -�-�-`, .
per shredder, crystal ,ball ' dal.-author
)) The House approved an and dog house. the widely read study, "Life
11 $84=billion defense bill. Arid and Death of the Salt
ti that's just to scare the Rus- Few politicians like,to re Marsh," has learned that
} sians. tire. They consider their ef- spilledr oil penetrates the
{ forts in government the shoreline and acts as a
The Arabs are looking- "rest" seemingly permanent reser-
years of their lives. . voir, steadily oozing out
• for American companies to . small amounts of oil: His
invest their oil billions. If this new spirit of res- precise studies have shown
They turned down a chain pert arid friendship contin- that after two days in water
of Kosher delicatessens. ' ues, we may actually enjoy containing only 100 parts of
inflation. -oil per million, oysters will
If Turkey could cross a accumulate 400 times that
poppy plant with a prune —Jack Posner concentration of oil in their
)
August 26, 1974
To: RENTON CITY COUNCIL
Subject: Appeal to the Renton City Council of the Denial
by the Renton Planning Commission of a Shell Oil
Company Request For a SPECIAL PERMIT to CONSTRUCT
and OPERATE a TANK FARM and DISTRIBUTION FACILITY
Within the City of Renton
Gentlemen:
The undersigned residents of the City of Renton appeal
to the City Council to uphold the decision reached by the
Planning Commission to deny- the subject permit.
We have attended a number of Planning Commission meetings
and have been most deeply impressed with the patience dis-
played by the Planning Department and the Planning Commission
in their efforts to obtain needed qualitative and quantitative
data from the Shell Company; much of which was, apparently,
never provided by Shell. We have thoroughly digested. the
Drafts of the Environmental Impacts prepared by Shell for
the City of Renton and the Environmental Impact Statement
Summary Report prepared by the Renton Planning Department
in July 1974.
Our plea that you uphold the position of the Renton
Planning Commission can be simply summed up. All one has
to do is objectively weigh the disadvantages and the ad-
vantages as contained in the Planning Department Summary
Report.
Because our city is already heavily burdened with serious
Air Pollution I have attached hereto two (2) reports having
to do with this subject. Attachment One concerns itself
with the number of thousands of tons of pollutants emanating
from the Seattle-Tacoma Airport in 1972 and 1973 , as
measured with recording apparatus located at the Renton
City Hall. Attachment Two is an example of the sometimes
questionable accuracy of the data supplied by Shell; in
this instance to the Puget Sound,Air Pollution Control Agency
(As reported in the February 22, 1974 issue of -the Seattle
Times).
V ry truly yoo'rs ,
n d� /92. i ke..ia
James M. Baker & Marlene M. Baker
311 Seneca Place N.W. , Renton
Attachments:
1. Measurements of Sea-Tac Air Pollution 1972 & 1973.
2. Shell request to Puget Sound Air Pollution Control Agency
for liberalization of fuel oil sulphur content.
.-
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-- ' General News ' oo
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Comics .
Friday, February 22, 1974 U1 e 3Pafflr �iuw • nlZ
- =Co0
N cfi
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- on � ue 01 ►s up eu, . , _ ur restriction _ _ _ __ _ .__ ,..._-�.�.
By-BRUCE JOHANSEN not to relax the regulations,, refinery in the San Francis- per cent limit on sulfur con- aanswer,'wasing oilShel com e': - ,_ -
some of the agency's board -co Bay.area forced Shell to tent.
- The ControlPuget Sound Air yes- members expressed sus pi- Asked where Shell's,San not i n s t a 1 le d expensive
terday Agency yes- p seek the regulation change. Francisco customers get- •equipment in domestic refi-
; i terday refused to liberalize dons, that oil companies, The refinery provides-most' their residual fuel, Metcalf `aefries-to take "sulfur out H
its sulfurf -content residual- regu oil, Shell included,energy
may be us- of the Northwest's',-residual said.•"to -my knowledge" ,of the• refined residual,fuel.
dens'for . Sfuel s ing the a under in crisisa as a .. Shell sells no residual fuel Such equipment.has been,in-' 1-3
despite the Shell-Oil Co.'s lever to undermine.air-pol- fuel. , e
lution controls.- , there. , .stalled at some refiner.ies,
1-Contention that the energy lution .ASKED Metcalf overseas, the board was
i -crisis- makes such relaxa- The sulfur content of re- what percentage of that re- A SPOKESMAN for-Shell -told. • �-'
tion necessary. sidual fuel oil is governed
Shell had sought a change by the amount of sulfur in finery's oil was imported: in San Mateo said_the corn- • In,, six months, the price.,
Z Y: Metcalf said 40- per cent, pany has "about a dozen" 'of residual oil,in this.area-•-=.,
m-the agency's regulations the crude oil from which it
--which would allow it to sell is- refined. Shell officials then backed'off when Lobe' •residual-fuel-oil customers,. has increased,fi'oui•$4'to$5,
-fuel-oil-with a sulfur con- contend the fuel crisis.and contended the figure was,-mostly: manufacturing-'a,barrel.to $10 or •$12`a• . _ F3
only10per cent. firms; in the San- Francisco barrel., _
tent"of up to 2.5 per-cent by r e s u 1 t i n g shortages are area. Their fuel comes ,
-weight until July 1. The forcing their refineries to Later, Metcalf told a re- Baym r the Martinez l-come, •
'=-agency voted to keep its 2 use oil with a higher sul- porter that' the ,amount.-of •
'he said:;f
'per cent limit: - fur content. , imported oil refined at Mar-
Shell representatives, dis- Gene Lobe, board chair- tinez ranged ,from `."none, The fuel sold in-that area
--appointed with the-ruling, man, was not convinced by sometimes," to a "high fig- contains 1.5 to 2',per cent
1 indicated their customers in the explanation provided by ure"of 40 per tent.'-• - sulfur and it is the user's
this area may face a short- C. T. Metcalf, a product-ap- Metcalf, also • told the responsibility to rem o ve 4
age if suppliers cannot find plication engineer at Shell's -board the,'Martinez refinery enuogh of .the sulfur to
fuel which meets the stand- -Mauston Office. • , does not,-supply residual=oil meet.the Bay Area's stria-i
.•md. Metcalf contended' that -customers in the San Fran- gent standard of .5 per cent, _
•. high sulfur content of oil_' cisco area: Air-pollution au- he said. Another question,
BEFORE VOTING,6 to 3, imported to the Martinez thorities there have set a .5 that did not receive a direct
STATEMENT TO THE RENTON CITY COUNCIL AUGUST 26, 1974
FROM: Mrs Tauno Mattson 7273 South 128th Street
RE: PROPOSED TANK FARM AT ORILLIA FLATS
GENT T:HA N:
I'D LIKE TO COMMEND YOU FOR THE UNCOMMON SENSE AND FINE JUDGEMENT YOU USED IN
SELECTING THE AREA.'S BEST AND BRIGHTEST TO SERVE ON YOUR PLANNING COMMISSION. FOR
THE PAST YEAR OR SO I'VE ATTENDED THEIR Mlfl TINGS AND FIND THEM T O BE WILLING, HARD-
WORKING, ABLE MEN AND WOMEN.
ONE OF THE HARDEST TASKS CITY OFFICIALS HAVE IS TO ATTRACT COMPETENT CITIZENS
TO SERVE ON THEIR VARIOUS BOARDS AND COMMISSIONS. THE HOURS ARE LONG -- THE PROBLEMS
AND SOLUTIONS COMPLICATED -- THEY'RE,T00 OFTEN DAMNED AND TOO SELDOM PRAISED.
ON OCCASION THE SOPHISTICATED CITIZEN IS HESITANT ABOUT SERVING BECAUSE HE
RFAT,IZES THAT SOMETIMES THEY'RE ONLY WINDOW DRESSING. THAT COMMISSIONS ARE FORMED
AND OPEN HEARINGS HELD, NOT BECAUSE CITIZEN INPUT IS REALLY WANTED, BUT SIMPLY
BECAUSE THE LAW STATES "THOU SHALL DO SO" IN ORDER TO RECEIVE GRANTS OR MATCHING
FUNDS. IT'S OBVIOUS THIS IS NOT THE CASE IN THE CITY OF RENTON.
I'M SURE YOU HAVE THE INTELLECTUAL HONESTY AND INTESTINAL FORTITUDE TO STAND
BEHIND THE RENTON PLANNING COMMISSION AND AFFIRM THEIR DECISION IN THIS_ MATTER.
THANK YOU.
r r 4008 Meadow Av. No.
Eton, Wash., 98055
= August 27, 197 , ��1222'?�
Hon. A. Garrett A1-5-6�07 �Z -
Mayor City of Renton
Renton, Washs'�
Dear Sir: Subj: Shell Oil Co. Appeal `\� o ' ��/
{
As a concerned citizen in the City of Renton, my wife and I attende 6kae°D� :meeting
yesterday evening.
It was very obvious as the evening progressed and the mood of those present was ex-
pressed that those persons in opposition to this facility did not and do not want it
installed regardless of what concessions the Shell 0i1 Co. made or promised to make.
On the other hand, it also seemed obvious that the Shell Oil Co., being in competition
with other oil companies (Mobil) is temporarily at a disadvantage in that the costs of
their installation would be greater, and therefore, their products would have to cost
more. Their competition could over-come them price-wise, in other words, but those in
opposition could care less.
THE NEGATIVE APPROACH: It is very simple to be against something and there was ample
evidence of this approach at the meeting or hearing.
THE POSITIVE APPROACH: Mobil should be required to up-date their road, and I don't see
how their facility was approved with such a narrow road, only 13' in some sections.
Shell must be required to deed to the City a 60' road adequate to serve the area and
future generations; and the L.I. D. proceedure is one way to provide for this facility.
Shell and (any other potential or existing petroleum facility or facilities) must be
required to meet air pollution standards set by the City, State or Federal Government,
but obviously a permit cannot be denied because we would like to have higher standards.
Some of the objections listed in the letter of July 19, 1974 from Don Humble, Chairman
_ Comprehensive Plan Committee, can be summarized under the general heading of SAFETY,
CONTROLS AND OTHER MITIGATING REQUIREMENTS. Spill Potential and surface runoff are items
that the Shell Co., not only must take care of but seem to benefit their operation, cost-
wise if carefully worked-out. Earthquake danger is something that all intelligent persons
and corporations must plan for and construct against. It just makes good economic sense.
Wildlife loss, landscaping requirements and aesthetics all seem to go together. (I was
struck by a visit to Hilo, Hawaii where a tank farm was installed for petroleum products
but the company had not planted one palm tree. Why, I think because no one had required
or asked the company to do so.) Shell Co. could show considerable good faith by
immediately planting sizeable fir and cedar trees, in good Baste on the property. Their
are excellent to outstanding hedge growing plants that stay green the year around. (Laurel)
Rhododendrons are easy to take care of and enhance any situation and there are excellent
vines that enhance areas that need screening.
Individuals and companies can leave some open areas for wildlife without putting persons
or corporations in jeopardy, provided good judgment and compromise are used intelligently,
and the persons or corporations are required to post bond to show good faith.
It just seems to me that each item should be listed in the order of its priority and
the whole package referred to the Shell Oil Co., and the planning commission to work
them out and if they cannot be worked out that the Renton City Council as an appealate
review body could likewise dispose of each item, and when each is disposed of the problem
is solved. However, as a property owner, their can be no compromise with the roads and
pollution of air, water or environment, because our very survival in the long run is
more importantant than the short run, jobs, taxes, money, income, profits etc.
f
4008 Meadow Av. No.
Renton, Nash., 98055
August 27, 1974
Page two - ltr to Hon A. Garrett
Subj: Shell Oil Co. Appeal
OPTIMISM: We were impressed with the number of young persons interested in the out-come
of this appeal, as well as a sprinkling of a few of us old-timers. This bodes well for
the future of our country and democracy as a viable institution. Some of the persons
now having proved that money-is-not-everything, will someday decide that our property
tax approach is the one great evil at the bottom of lack of open space. A property
owner can literally be forced to develop open spaces in order to pay his real estate
taxes.
If governing bodies are careful to apply all of these requirements uniformly, then we
can visualize no threat to our future safety, security or existence as humans.
A good current example of this is the lowly bumper on the automobile. The bumper is
now installed according to some kind of standard, but the point is that the consumer
gets a bumper, but he must pay and the manufacturer, i.e. any competitor must also
manufacture and install same.
•rely
Lobe A. F ce tC 7
Clarissa M. Fawcett
NOTE: Ne are taking the liberty of sending a copy of this letter to the Shell Oil Co.
City Clerk: Please provide copies for the following:
Each Councilman
Members of the Planning Commission
City Attorney
Mr. Gonnason
Renton City Council Meeting
Minutes of 8/26/74 - Page 2
PUBLIC HEARING (Continued)
Shell Oil Co. Letter from Mr. A. Wesley Hodge, Attorney, 309 Norton Building, Seattle,
Appeal written in support of and to clarify the legal issues involved in Shell ' s
request for the marketing-distribution plant in a heavy industry zone,
claimed that Shell 's application met all environmental tests and zoning
requirements of the City and should be granted.
Mayor Garrett called on the Shell Oil Co. representatives for any presenta-
tion they wished to make. Mr. William Rogers, 272 Bellingrath Circle,
Couroe, Texas, Plant Operations Manager - West, said he felt that his
letter brought out very well the Company's position and added that Shell
Oil was negotiating with the Planning Department during the time the
Planning Commission was making their report in which they were denying
the permit, and had felt they were doing very well and making progress
with the Planning Department. They had agreed to meet the City's require-
ments on storm water runoff, air pollution and landscaping, and were
willing to go along with whatever the Council required, as the Company
greatly needed the site, there being no other sites available close to
Olympic Pipe Line, and this site is pretty much in the center of the
distribution of its stations in the area. The proximity to highways
also an important factor. He gave the opinion that local groups that
had spoken against the facility were a small part of the total popula-
tion and that when the land was purchased in 1969, it was zoned H-1 ,
and was purchased with the facility in mind, and that the use is con-
sidered improper today is not appropriate. They considered that the
Shell Plant would be of benefit to the City and environmentally in con-
cert with the Green River Valley and other industries, as well as resi-
dents, most of the noise of the operation would be blocked out by the
highways. Mr. A. Wesley Hodge, Attorney for Shell Oil Co. , remarked
that this matter had been in the Planning Commission for eighteen
months. Port of Seattle is acquiring part of the Shell Oil site on
Harbor Island, this facility to replace the tanks that were on Harbor
Island. The new facility will have bottom loading of the trucks to
keep emissions down and floating roofs to eliminate or alleviate some
of the odors, there are no noise levels that will violate any ordinance.
• Mr. Hodge claimed granting of permit wouldn't establish precedent for other
facilities of this type, as Shell Oil is the only company with vested
interests. Councilman 'Stredicke inquired if all the tanks have float-
ing roofs and Mr. Hodge replied that the tanks that have gas in them
do have floating roofs. Some discussion ensued between Councilman
Perry and Mr. Hodge regarding the zoning ordinance and the reason for
the request for the Special Use Permit. Upon inquiry from Mayor Garrett,
Planning Director Ericksen explained that all available material had
been given to all of the Councilmen so they could make their own evalua-
tion. The initial application was filed on the 5th of June, 1973.
There are 25 acres in the total Shell site, approximately half of the
site to be used for the facility. It involves the ingress and egress
of 160 trucks per day to the site plus the additional traffic generated
by the employees. The initial document summary final impact statement
was submitted to the Planning Commission in July of 1974. All the items
were discussed by City Staff with official representatives of the Shell
Oil Co. At this point, Planning Director Ericksen showed a series of
slides of the site showing proximity to Longacres and to the Mobil
facility, which was well-screened by natural vegetation, the Shell site
being complet ly barren. Discussion ensued between Councilman Stredicke
and s Director Ericksen regarding the access road, which is
a private road, Shell Oil has agreed to widen to 24 feet all the way to
the East Valley Highway. Councilman Perry inquired of Acting Fire Chief
Geissler if this facility would affect the fire rating status of the
City and was informed that if the roadways were brought up to code, it
would not 'affect our fire rate. Upon inquiry by Councilman Grant as to
whether any other properties in the area were owned by oil companies,
Planning Director Ericksen replied that the property to the northeast
was owned by Gulf Oil and Union Oil now has an interest in it, zoned
as M-P. Considerable discussion ensued between the various Councilmen,
the Planning Director and Mr. Hodge, regarding different aspects of
the matter. The Mayor called on the audience for their comments.
RENTON CITY COUNCIL 9111)..1
Regular Meeting
August 26 , 1974 Municipal Building, •
Monday , 8 : 00 P . M. Council Chambers
M I N U T ,E S
CALL TO ORDER Mayor Avery Garrett, presiding, led the Pledge of Allegiance and
called the meeting of the Renton City Council to order.
ROLL CALL OF EARL CLYMER, Council President; CHARLES DELAURENTI, GEORGE J. PERRY,
COUNCIL RICHARD M. STREDICKE, KENNETH D. BRUCE, AND WILLIAM J. GRANT. MOVED
• BY 'CLYMER, SECONDED BY BRUCE, THAT ABSENT COUNCILMAN SCHELLERT BE
• EXCUSED. MOTION CARRIED.
CITY OFFICIALS AVERY GARRETT, Mayor; MAXINE E. MOTOR, Deputy City Clerk; GWEN MARSHALL,
IN ATTENDANCE Finance Director; WARREN GONNASON, Public Works Director; GORDON Y.
ERICKSEN, Planning Director; KEN WHITE, Personnel Director; G. M. SHELLAN,
City Attorney; DON STARK, Administrative Assistant; GENE COULON, Park &
Recreation Director; RICHARD GEISSLER, Acting Fire Chief; VERN CHURCH,
' Purchasing Agent, CAPTAIN JOHN BUFF, representing Police Department; and
VIC TeGANTVOORT, Street Superintendent.
MINUTE APPROVAL Council President Clymer asked if there were any additions or correc-
8/19/74 tions to the Minutes of August 19, 1974. . Councilman Stredicke requested
• the minutes be changed to reflect 138th Ave. S.E. instead of 138th Ave. N.E.
at the bottom of Page 1 . MOVED BY CLYMER, SECONDED'BY' DELAURENTI, THAT
THE MINUTES 'BE APPROVED AS CORRECTED. CARRIED.
PUBLIC HEARING This being the date set and proper notices having been posted, mailed
L.I.D-. 281 ' and published as required, Mayor Garrett opened the hearing to consider
Final Assess- . the final assessment roll in the amount of $12,400.47; $5,468.50 inside
ment - Water- the City. Limits; and $6,931 .97 outside the City Limits. 'Public Works
main - N.W. 2nd ' Director Gonnason recommended that the City Council approve the final
between Taylor assessment roll of L.I.D. 281 .There being no comment from the audience,
& Stevens Ayes. ' it was MOVED BY PERRY, SECONDED BY CLYMER, THAT THE HEARING BE CLOSED,.
S. 132nd St. -MOTION CARRIED. MOVED BY PERRY, SECONDED BY CLYMER, TO CONCUR IN THE
RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR AND REFER TO THE LEGISLATION
COMMITTEE FOR THE PROPER ORDINANCE. MOTION CARRIED.
PUBLIC HEARING This being the date set and proper notices having been posted, mailed
Shell Oil Co. and published as required, Mayor Garrett opened the hearing to consider
Appeal of the appeal of Shell Oil Co. from the Planning Commission's denial of
Planning Special Permit to build a petroleum product distribution plant in the
Commission Green River Valley in the vicinity of Longacres Race Track. The Mayor
Denial of asked the Clerk to read the correspondence received. Letter from Mr.
Special - ' William. B. Rogers, Plant Operations Manager - West, Shell Oil Co. was
Permit read presenting the company's reasons why they should be granted the
Special Permit, citing fact that the land was purchased in December,
1969 from the Olympic Pipeline Co, it was zoned H-1 and both the Olympic
Pipeline. Co and Mobil Oil Co. had operating facilities on H-1 zoned
land adjacent to Shell ; permit had been granted by the City's Building
Department for a land fill permit and accordingly, the, property had •
been filled. It was noted that the contention of the Planning Commission
that there would be considerable noise and air pollution from the facility
was not considered valid, and that there was nothing in the E.I.S. or
local land use ordinances that would prohibit the, granting of the Special
Use Permit to Shell . Attached to the letter was documentation on the
effects of Air and Noise Pollution. Letter from Frank H. Kinney, 3613
N.E. 12th St. requested the Council to respect and follow the decision
of the Planning Commission's 8 to 1 vote denying the Special Permit.
Clerk read a petition presented by Mr. Douglas Spencer with 351 signa-
tures asking the City Council to deny the Special Permit as it was
felt this type of facility in the valley was not in the best interests
of the community. Letter from Mr. A. Kyle Johnson,. Brown & Johnson,
Attorneys .at Law, 3822 Seattle First-National Bank Bldg. , Seattle,
written on behalf of the Washington Horse Breeders Association and
its 1 ,107 members, reviewed its pos.ition as neighbors of the proposed Shell
Oil facility at Longacres Race Track, and presented its opposition
to the construction and operation of the proposed petroleum products
marketing plant.
Renton City Council Meeting
Minutes of 8/26/74 - Page 4
PUBLIC HEARING - (Continued)
't THE PUBLIC HEARING BE CLOSED. MOTION CARRIED. MOVED BY GRANT, SECONDED
\ BY DELAURENTI , THAT THE CITY COUNCIL CONCUR IN THE RECOMMENDATION OF THE
PLANNING COMMISSION AND DENY THE SPECIAL PERMIT FOR SHELL OIL CO. ROLL
CALL VOTE, 5 AYES, CLYMER, DELAURENTI , PERRY, STREDICKE AND GRANT. 1 NO,
RUCE. MOTION CARRIED.
Recess MOVED BY STREDICKE, SECONDED BY DELAURENTI , THAT THE COUNCIL TAKE A SHORT
RECESS. CARRIED. Council reconvened at 12:50 a.m. Roll Call vote showed
all Councilmen present as previously shown.
VOUCHER APPROVAL MOVED BY STREDICKE, SECONDED BY DELAURENTI , TO SUSPEND RULES AND ADVANCE
5744-5885 O.K. AGENDA TO ITEMS 11 AND 12. CARRIED. Councilman Stredicke submitted
L. I. D. 281 -- O.K. Finance Committee report with recommendation for payment of Vouchers
5733-5744 & 5757 #5744 through 5885 in the amount of $190,053.65 and L. I .D. 281 Revenue
Machine Voided Fund, $27.66, Cash Fund C-11 , $27.66, amended L.I .D. 281 Breakdown
accepted by Council 5/6/74, includes retainage; Revenue Fund R-2, $6,546.11 ,
Cash Fund (Misc. Cash Warrants No. C-2, C-3, C-4, C-5) $6,546.11 ; Revenue
Fund R-4, $3,854.34, (Misc. Cash Warrants, $3,854.34, Nos. C-7, C-8, C-9
and C-10) , having received department certification as to receipt of mer-
chandise and/or services. Vouchers #5733 - 5744 and 5757 were machine
voided. MOVED BY STREDICKE, SECONDED BY DELAURENTI , VOUCHERS BE APPROVED
FOR PAYMENT. MOTION CARRIED.
Lunch Room in Councilman Stredicke submitted Finance Committee report recommending approval
Municipal Bldg. of Public Works Director Gonnason's recommendation that the City contract
with Royal Services, Inc. for installation of vending machines in the
Municipal Building Lunch Room. MOVED BY BRUCE, SECONDED BY GRANT, TO
CONCUR IN THE RECOMMENDATION OF THE FINANCE COMMITTEE. MOTION CARRIED.
ORDINANCES Legislation Committee Chairman Stredicke recommended that the ordinances
be held until the next Council Meeting.
CORRESPONDENCE Letter from Mayor Garrett requested repeal of Ordinance 2128 and formula-
& CURRENT tion of a Resolution changing the title of Parking Checker to Parking Con-
BUSINESS troller and transfer of position to Traffic Engineering Division. It was
Parking Checker MOVED BY PERRY, SECONDED BY BRUCE, TO REFER THIS LETTER TO THE FINANCE
Position Change AND PERSONNEL COMMITTEE. MOTION CARRIED.
Special School Letter from William M. Magda, Sr. , 3901 N.E. 11th Ct. requested removal
Levy Taxes for' of special school levy taxes for senior citizens. MOVED BY PERRY, SECONDED
Senior Citizens BY BRUCE, TO REFER THIS LETTER TO THE FINANCE AND PERSONNEL COMMITTEE.
MOTION CARRIED.
Petition for Petition requested controls on speeding and negligent driving on N.E. 16th
Control of between Edmonds Ave. N.E. and Aberdeen Ave. N.E. MOVED BY GRANT, SECONDED
Speeding on BY PERRY, THAT THE PETITION BE REFERRED TO THE PUBLIC SAFETY COMMITTEE AND
N.E. 16th St. THE POLICE CHIEF. CARRIED.
Metro Transit Letter from Mrs. Joan Frank, 475 Kirkland Ave. N.E„ also signed by six-
Bus Routing teen other residents, requested rerouting of bus on Kirkland Ave. N,E.
MOVED BY GRANT, SECONDED BY PERRY, TO REFER THIS PETITION TO THE TRANS-
PORTATION COMMITTEE. CARRIED.
Interlocal Letter from Mayor Garrett requested approval of a Planning Committee
Agreement - King with representatives from County agencies, large suburban cities, and
County-Renton two from smaller cities; submissions of project proposals; review and
Law & Justice preparation of project summaries by the King County Law and Justice
Planning Office Staff; consideration and recommendations by the Planning
Committee on King County agency and large suburban city projects, and
decisions on 'inclusion in the Plan of small city project proposals; and
authorization to apply for funding as the projects are approved by the
OLD BUSINESS State Law and Justice Committee. MOVED BY GRANT, SECONDED BY CLYMER,
TO REFER THIS LETTER TO THE LEGISLATION COMMITTEE. CARRIED.
Proposed Fire Fire Station, Committee report submitted by Chairman Clymer recommended
Facilities Bond a general obligation bond issue be placed on the November 5th ballot
Issue which would include the following: a new Fire Station #1 to include
the administrative offices of the Renton Fire Department, $1 ,150,000;
property acquisition for Fire Station #1 , $300,000; 'a new Fire Station
#3 to be located in South Renton, $300,000; new equipment, aerial ladder
Renton City Council Meeting
Minutes of 8/26/74 - Page 3
PUBLIC HEARING (Continued)
AUDIENCE COMMENT Mr. Frank Rains, 2000 I .B.M. Building, Seattle, Attorney for the
Shell Oil Co. Washington Jockey Club, spoke on the inadequacy of the E.I.S. that
Appeal Shell had filed, the effects on Longacres and requested the Council
Audience to uphold the Planning Commission's decision. Mr. Kyle Johnson,
Comment 3822 Seattle First National Bank Building, Seattle, Attorney for
Washington Horse Breeders Association, spoke of the close proximity
of the proposed facility to. the new pavilion and that they were plan-
ning to move their office personnel to this building and objected to
the noise, air pollution, etc. Mrs. Donna Fetch, 618 N.W. 3rd St.
spoke against the facility. Mr. Larry Moe, Secretary, Northwest
Steelheaders Council , stated the danger of contamination in the
Green River for the fish, State Fisheries and State Game Department
releasing fish into the Green River. Mr. James M. Baker, 311 Seneca -
Place N.W. reported that the Shell E. I.S. statement did not .take into-
account the pollution from the Sea-Tac Airport and read statistics
on the amount of air pollution emanating from the airport. MOVED
Recess BY CLYMER, SECONDED BY DELAURENTI , TO RECESS FOR TEN MINUTES. CARRIED.
The Council reconvened at 11 :00 P.M. Roll call vote showed all Council-
men present as previously reported.
Mr. Clarence Sanger, representing the Audubon Society, emphasized the
importance of the Green River Valley as a very important flyway for wild
life, the marshes furnishing food and nesting grounds, the Society asked
the Council to deny the permit. Mr. Kevin Bannon, 4637 S. 168th St. ,
Seattle, objected to granting permit on the grounds of environmental changes
for wild life; Ms. Jane Shafer, 11230 Rainier Ave. So. , Seattle, represent-
ing the League of Women Voters, spoke of the effect on the environment,
• expressed belief that local government should be able to set more stringent
standards and there was need for review of the Comprehensive Plan; Mr.
Robert Thorpe, Planning Department, Mercer Island, gave his views in objec-
tion to the facility; Mrs. Tauno Mattson, 7373 S. 128th St. , Seattle, com-
mended the Planning Commission for their stand in denying the permit; Mr.
Douglas Spencer, 814 S. 27th St. , representing "Green for Tomorrow" urged
full support of the Planning Commission. It was Moved by Stredicke, Seconded
by Grant, the hearing be closed. Council President Clymer expressed the
opinion that the hearing should be left open to allow Shell Oil Co. to
answer some of the questions raised by the audience. Roll Call Vote: Aye,
Delaurenti , Stredicke, Grant; No, Clymer, Perry, Bruce. Mayor voted No to
break the tie. Motion failed. Upon inquiry by Councilman Stredicke as to
whether Shell Oil Co. had the burden of proof, City Attorney Shellan replied
the basic point that had been overlooked, Mr. Ericksen had eleven points
that would have to be complied with, some of them Shell Oil has now agreed
to. Mr. Joseph Javelli , 1805 Davis Ave. S. , said he was against the Shell
Oil permit. Mr. George Madden, 410 Langston Road, spoke about the Valley,
and said the City should consider the income and tax base the facility
wouild bring to the City and urged the Council to grant the permit. Con-
siderable discussion 'ensued about air pollution and wild life. Mr. Hodge,
Attorney for Shell Oil Co. brought out some of the points in question;
they would widen the access road to 24 feet out to the East 'Valley Highway;
provide adequate dyke wall , separator for oil-water for storm water; storage
tanks 60 feet back; screening security fence; trees and shrubs around storage
tanks; thought 10' to 25' adequate amount of landscaping; complete vapor
recovery not feasible; camouflage tanks; 40 feet from P-1 channel ; and
sanitary sewer agreeable. Upon inquiry from Councilman Grant regarding
the vapor recovery system, Mr. Hodge replied that will not completely
eliminate emissions, but will reduce them. Council President Clymer called
on Planning Director Ericksen about the 11 points of difference, Planning
Director Ericksen quoted from staff report dated July 24, 1974; the points
stem from discussions with Shell Oil Co. in regard to the impact statement.
The technical aspects of the changes could be made to build them into
acceptable range, earthquake damage; damage to wild life; danger of oil
spill ; noise pollution; access of fire equipment, and landscaping. Shell
has now agreed with some of these points. Mrs. Patricia Seymour, 2534
Burnett Court South, a member of the Planning Commission and Mr. Arthur
Scholes, 1708 Ferndale Avenue S..E. , also a member of the Planning Commission,
spoke in defense of. the Commission' s 8 to 1 decision to deny the permit.
Mr. Sherwood P. Martin, 3728 Park Avenue North, asked if the City
Council was only interested in legalities or were going to consider what
the public thought about the matter. MOVED BY GRANT, SECONDED BY CLYMER,
Renton City Council Meeting
Minutes of 8/26/74 - Page 2
PUBLIC HEARING (Continued)
Shell Oil Co. Letter from Mr. A. Wesley Hodge, Attorney, 309 Norton Building, Seattle,
Appeal written in support of and to clarify the legal issues involved in Shell 's
request for the marketing-distribution plant in a heavy industry zone,
• claimed that Shell 's application met all environmental tests and zoning
requirements of the City and should be granted.
Mayor Garrett called on the Shell Oil Co. representatives for any presenta-
tion they wished to make. Mr. William Rogers, 272 Bellingrath Circle,
Couroe, Texas, Plant Operations Manager - West,, said he felt that his
letter brought out very well the Company's position and added that Shell
Oil was negotiating with the Planning Department during the time the
Planning Commission was making their report in which they were denying
the permit, and had felt they were doing very well and making progress
with the Planning Department. They had agreed to meet the City's require-
ments on storm water runoff, air pollution and landscaping, and were
willing to go along with whatever the Council required, as the Company
greatly needed the site, there being no other sites available close to
Olympic Pipe Line, and this site is pretty much in the center of the
distribution of its stations in the area. The proximity to highways
also an important factor. He gave the opinion that local groups that
had spoken against the facility were a small part of the total popula-
tion and that when the land was purchased in 1969, it was zoned H-1 ,
and was purchased with the facility in mind, and that the use is con-
sidered improper today is not appropriate. They considered that the
•
Shell Plant would be of benefit to the City and environmentally in con-
cert with the Green River Valley and other industries, as well as resi-
dents, most of the noise of the operation would be blocked out by the
highways. Mr. A. Wesley Hodge, Attorney for Shell Oil Co. , remarked
that this matter had been in the Planning Commission for eighteen
months. Port of Seattle is acquiring part of the Shell Oil site on
Harbor Island, this facility to replace the tanks that were on Harbor
Island. The new facility will have bottom loading of the trucks to
keep emissions down and floating roofs to eliminate or alleviate some
of the odors, there are no noise levels that will violate any ordinance.
Mr. Hodge claimed granting of permit wouldn't establish precedent for other
facilities of this type, as Shell Oil is the only company with vested
interests. Councilman Stredicke inquired if all the tanks; have float-
ing roofs and Mr. Hodge replied that the tanks that have gas in them
do have floating roofs. Some discussion ensued between Councilman
Perry and Mr. Hodge regarding the zoning ordinance and the reason for the request for the Special Use Permit. Upon inquiry from Mayor Garrett,
Planning Director Ericksen explained that all available material had
been given to all of the Councilmen so they could make their own evalua-
tion. The initial applichtion was filed on the 5th of June, 1973.
There are 25 acres in the total Shell site, approximately half of the
site to be used for the facility. It involves the ingress and egress
of 160 trucks per day to-the site plus the additional traffic generated
by the employees. The initial document summary final impact statement
was submitted to the Planning Commission in July of 1974. All the items
were discussed by City Staff with official representatives of the Shell
Oil Co. At this point, Planning Director Ericksen showed a series of
slides of the site showing proximity to Longacres and to the Mobil
facility, which was well-screened by natural vegetation, the Shell site
being completely barren. Discussion ensued between Councilman Stredicke
and Public Works Director Ericksen regarding the access road, which is
a private road, Shell Oil has agreed to widen to 24 feet all the way to •
the East Valley Highway. Councilman Perry inquired of Acting Fire Chief
Geissler if this facility would affect the fire rating status of the
City and was informed that if the roadways were brought upto code, it
would not 'affect our fire rate. Upon inquiry by Councilman Grant as to -
whether any other properties in the area were owned by oil -companies,
Planning Director Ericksen replied that the property to the northeast
was owned by Gulf Oil and Union Oil now has an interest in it, zoned
as M-P. Considerable discussion ensued between the various Councilmen,
the Planning Director and Mr. Hodge, regarding different aspects of
the matter. The Mayor called on the audience for their comments.
•
RENTON CITY COUNCIL
Regular Meeting
August 26 , 1974 Municipal Building , •
Monday , 8 : 00 P . M.. Council Chambers
MINUTES
CALL TO ORDER Mayor. Avery Garrett, presiding, led the Pledge of Allegiance and
called the meeting of the Renton-City Council to order. •
ROLL CALL OF , EARL CLYMER, Council President; CHARLES DELAURENTI, GEORGE J. PERRY,
COUNCIL RICHARD .M. STREDICKE, KENNETH D. BRUCE, AND WILLIAM J. GRANT. MOVED
BY CLYMER, SECONDED BY, BRUCE, THAT ABSENT COUNCILMAN SCHELLERT BE
EXCUSED. MOTION CARRIED.:
' CITY OFFICIALS AVERY GARRETT, Mayor; MAXINE E. MOTOR, Deputy City Clerk; GWEN MARSHALL,
IN ATTENDANCE Finance Director; WARREN .GONNASON, Public Works Director; GORDON Y.
ERICKSEN, Planning Director; KEN WHITE, Personnel Director; G. M. SHELLAN,
City Attorney; DON STARK, Administrative Assistant; GENE COULON, Park &
Recreation Director; RICHARD GEISSLER, Acting Fire Chief; VERN CHURCH,
Purchasing Agent, CAPTAIN JOHN BUFF, representing Police Department; and ,
VIC TeGANTVOORT, Street Superintendent.
MINUTE APPROVAL Council President Clymer asked if there were any additions or correc-
8/19/7.4 .' tions to the Minutes. of August 19, 1974. Councilman Stredicke requested
the minutes be changed to reflect 138th Ave. S.E. instead of 138th -Ave. N.E.
at the bottom of Page 1 . MOVED BY,CLYMER, SECONDED BY DELAURENTI, THAT
THE MINUTES BE APPROVED AS CORRECTED. CARRIED.
PUBLIC HEARING : This being the date set and proper notices having been posted, mailed
L.I.D. 281 ,-and published as required, -Mayor Garrett opened the hearing -to consider
Final Assess- the final assessment roll in the amount of $12,400.47; $5,468.50 inside
ment - Water- . the City Limits; and $6,931 .97 outside the City Limits. Public Works .
main - N.W. 2nd Director Gonnason recommended that. the City Council approve the final
between Taylor f assessment roll of L.I.D. 281 .There being no comment from the audience,
& Stevens Aves. ,it was MOVED BY PERRY, SECONDED BY CLYMER, THAT THE, HEARING 'BE CLOSED.
S. 132nd St. MOTION CARRIED. MOVED BY PERRY, SECONDED BY CLYMER, TO CONCUR IN THE
RECOMMENDATION OF THE ,PUBLIC WORKS DIRECTOR AND REFER TO THE LEGISLATION
COMMITTEE FOR THE PROPER ORDINANCE. MOTION CARRIED. ,
PUBLIC HEARING This being the date set andproper notices having been posted, mailed
Shell Oil Co. and: published as required, Mayor Garrett opened the hearing to consider
Appeal of the appeal of Shell Oil Co. from the Planning Commission's denial of
Planning , " Special Permit to build a 'petroleum product distribution plant in the
Commission ' Green River Valley in the vicinity of Longacres Race Track. The Mayor
Denial of ' asked the Clerk to read the correspondence received. Letter from Mr.
Special ' ., William B. Rogers, Plant Operations Manager '- West, Shell Oil Co. was
Permit ; read presenting the company's reasons why they should be granted the
Special Permit, citing- fact that the land was purchased in December,
1969 from the Olympic Pipeline Co, it was zoned H-1 and both the Olympic
Pipeline Co and Mobil Oil Co. had operating facilities on H-1 zoned
land adjacent to Shell ; permit had been granted by the City',s Building
Department for a land fill permit and accordingly, the property had
been filled. It was noted that the contention of the Planning Commission
that there would be considerable noise and air pollution from the facility
was not considered valid, and that there was nothing in. the 'E. I.S. or
local land use ordinances that would prohibit the granting of the Special
Use Permit to Shell. Attached to, the letter was documentation on the,
effects of Air and Noise Pollution. Letter from Frank H. Kinney, 3613
N.E, 12th St. requested the Council to respect and follow the decision
of the Planning Commission's 8, to 1 vote denying the Special Permit. .
Clerk, read a petition presented by Mr. Douglas Spencer with 351 signa-
tures asking the City Council to deny the Special Permit as it was
felt this type of facility in the valley was not in the best'.interests
of the community. Letter from Mr. A. Kyle Johnson, Brown & Johnson,
Attorneys at Law, 3822 Seattle First-National Bank Bldg. ,. Seattle,
written on behalf of the Washington Horse Breeders Association and
its 1 ,107 members, reviewed its position as, neighbors of the proposed Shell
Oil facility at Longacres Race Track, and presented its opposition
to the construction and, operation of the proposed ,petroleum products
,marketing plant.. ,
•
kentun City Counci i 'meeting
Minutes of 8/26/74 - Page 3
PUBLIC HEARING (Continued)
AUDIENCE COMMENT Mr. Frank Rains, 2000 I .B.M. Building, Seattle, Attorney for the
Shell Oil Co. Washington Jockey Club, spoke on the inadequacy of the E. I.S. that
Appeal Shell had filed, the effects on Longacres and requested the Council
Audience to uphold the Planning Commission's decision. Mr. Kyle Johnson,
Comment 3822 Seattle First National Bank Building, Seattle, Attorney for
Washington Horse Breeders Association, spoke of the close proximity
of the proposed facility to the new pavilion and that they were plan-
ning to move their office personnel to this building and objected to
the noise, air pollution, etc. Mrs. Donna Fetch, 618 N.W. 3rd St.
spoke against the facility. Mr. Larry Moe, Secretary, Northwest
Steelheaders Council , stated the danger of contamination in the
Green River for the fish, State Fisheries and State Game Department
releasing fish into the Green River. Mr. James M. Baker, 311 Seneca
Place N.W. reported that the Shell E. I.S. statement did not take into
account the pollution from the Sea-Tac Airport and read statistics
on the amount of air pollution emanating from the airport. MOVED
Recess BY CLYMER, SECONDED BY DELAURENTI, TO RECESS FOR TEN MINUTES. CARRIED.
The Council reconvened at 11 :00 P.M. Roll call vote showed all Council-
men present as previously reported.
Mr. Clarence Sanger, representing the Audubon Society, emphasized the
importance of the Green River Valley as a very important flyway for wild
life, the marshes furnishing food and nesting grounds, the Society asked
the Council to deny the permit. Mr. Kevin Bannon, 4637 S. 168th St. ,
Seattle, objected to granting permit on the grounds of environmental changes
for wild life; Ms. Jane Shafer, 11230 Rainier Ave. So. , Seattle, represent-
ing the League of Women Voters, spoke of the effect on the environment,
expressed belief that local government should be able to set more stringent
standards and there was need for review of the Comprehensive Plan; Mr.
Robert Thorpe, Planning Department, Mercer Island, gave his views in objec-
tion to the facility; Mrs. Tauno Mattson, 7373 S. 128th St. , Seattle, com-
mended the Planning Commission for their stand in denying the permit; Mr.
Douglas Spencer, 814 S. 27th St. , representing "Green for Tomorrow" urged
full support of the Planning Commission. It was Moved by Stredicke, Seconded
by Grant, the hearing be closed. Council President Clymer expressed the
opinion that the hearing should be left open to allow Shell Oil Co. to
answer some of the questions raised by the audience. Roll Call Vote: Aye,
Delaurenti , Stredicke, Grant; No, Clymer, Perry, Bruce. Mayor voted No to
break the tie. Motion failed. Upon inquiry by Councilman Stredicke as to
whether Shell Oil Co. had the burden of proof, City Attorney Shellan replied
the basic point that had been overlooked, Mr. Ericksen had eleven points
that would have to be complied with, some of them Shell Oil has now agreed
to. Mr. Joseph Javelli , 1805 Davis Ave. S. , said he was against the Shell
Oil permit. Mr. George Madden, 410 Langston Road, spoke about the Valley,
and said the City should consider the income and tax base the facility
would bring to the City and urged the Council to grant the permit. Con-
siderable discussion ensued about air pollution and wild life. Mr. Hodge,
Attorney for Shell Oil Co. brought out some of the points in question;
they would widen the access road to 24 feet out to the East Valley Highway;
provide adequate dyke wall , separator for oil-water for storm water; storage
tanks 60 feet back; screening security fence; trees and shrubs around storage
tanks; thought 10' to 25' adequate amount of landscaping; complete vapor
recovery not feasible; camouflage tanks; 40 feet from P-1 channel ; and
sanitary sewer agreeable. Upon inquiry from Councilman Grant regarding
the vapor recovery system, Mr. Hodge replied that will not completely
eliminate emissions, but will reduce them. Council President Clymer called
on Planning Director Ericksen about the 11 points of difference, Planning
Director Ericksen quoted from staff report dated July 24, 1974; the points
stem from discussions with Shell Oil Co. in regard to the impact statement.
The technical aspects of the changes could be made to build them into
acceptable range, earthquake damage; damage to wild life; danger of oil
spill ; noise pollution; access of fire equipment, and landscaping. Shell
has now agreed with some of these points. Mrs. Patricia Seymour, 2534
Burnett Court South, a member of the Planning Commission and Mr. Arthur
Scholes, 1708 Ferndale Avenue S.E. , also a member of the Planning Commission,
spoke in defense of the Commission's 8 to 1 decision to deny the permit.
Mr. Sherwood P. Martin, 3728 Park Avenue North, asked if the City
Council was only interested in legalities or were going to consider what
the public thought about the matter. MOVED BY GRANT, SECONDED BY CLYMER,
{
Renton City Council Meeting
Minutes of 8/26/74 - Page 4
PUBLIC HEARING - (Continued)
THE PUBLIC HEARING BE CLOSED. MOTION CARRIED. MOVED BY GRANT, SECONDED
BY DELAURENTI , THAT THE CITY COUNCIL CONCUR IN THE RECOMMENDATION OF THE
PLANNING COMMISSION AND DENY THE SPECIAL PERMIT FOR SHELL OIL CO. ROLL
CALL VOTE, 5 AYES, CLYMER, DELAURENTI , PERRY, STREDICKE AND GRANT. 1 NO,
BRUCE. MOTION CARRIED,
Recess MOVED BY STREDICKE, SECONDED BY DELAURENTI , THAT THE COUNCIL TAKE A SHORT
RECESS. CARRIED. Council reconvened at 12:50 a.m. Roll Call vote showed
all Councilmen present as previously shown.
VOUCHER APPROVAL MOVED BY STREDICKE, SECONDED BY DELAURENTI , TO SUSPEND RULES AND ADVANCE
5744-5885 O.K. AGENDA TO ITEMS 11 AND 12. CARRIED. Councilman Stredicke submitted
L.I.D. 281 - O.K. Finance Committee report with recommendation for payment of Vouchers
5733-5744 & 5757 #5744 through 5885 in the amount of $190,053.65 and L. I .D. 281 Revenue
Machine Voided Fund, $27.66, Cash Fund C-11 , $27.66, amended L.I .D. 281 Breakdown
accepted by Council 5/6/74, includes retainage; Revenue Fund R-2, $6,546.11 ,
Cash Fund (Misc. Cash Warrants No. C-2, C-3, C-4, C-5) $6,546.11 ; Revenue
Fund R-4, $3,854.34, (Misc. Cash Warrants, $3,854.34, Nos. C-7, C-8, C-9
and C-10) , having received department certification as to receipt of mer-
chandise and/or services. Vouchers #5733 - 5744 and 5757 were machine
voided. MOVED BY STREDICKE, SECONDED BY DELAURENTI , VOUCHERS BE APPROVED
FOR PAYMENT. MOTION CARRIED.
Lunch Room in Councilman Stredicke submitted Finance Committee report recommending approva"
Municipal Bldg. of Public Works Director Gonnason's recommendation that the City contract
with Royal Services, Inc. for installation of vending machines in the
Municipal Building Lunch Room. MOVED BY BRUCE, SECONDED BY GRANT, TO
CONCUR IN THE RECOMMENDATION OF THE FINANCE COMMITTEE. MOTION CARRIED.
ORDINANCES Legislation Committee Chairman Stredicke recommended that the ordinances
be held until the next Council Meeting.
CORRESPONDENCE ; Letter from Mayor Garrett requested repeal of Ordinance 2128 and formula-
& CURRENT , tion of a Resolution changing the title of Parking Checker to Parking Con-
BUSINESS troller and transfer of position to Traffic Engineering Division. It was
Parking Checker MOVED BY PERRY, SECONDED BY BRUCE, TO REFER THIS LETTER TO THE FINANCE
Position Change AND PERSONNEL COMMITTEE. MOTION CARRIED.
Letter from William M. "Magda, Sr.. , 3901 N.E. llth Ct. requested removal
Special School
Levy Taxes for, of special school levy taxes for senior. citizens. MOVED BY PERRY, SECONDED
Senior Citizens BY BRUCE, TO REFER THIS LETTER TO THE FINANCE AND PERSONNEL COMMITTEE.
MOTION CARRIED.
Petition for Petition requested controls on speeding and negligent driving on N.E. 16th
Control of between Edmonds Ave. N.E. and Aberdeen Ave. N.E. MOVED BY GRANT, SECONDED
Speeding on BY PERRY, THAT THE PETITION BE REFERRED TO THE PUBLIC SAFETY COMMITTEE AND
N.E. 16th St. THE POLICE CHIEF. CARRIED.
Metro Transit Letter from Mrs. Joan Frank, 475 Kirkland Ave. N.E„ also signed by six-
Bus Routing teen other residents, requested rerouting of bus on Kirkland Ave. N.E.
MOVED BY GRANT, SECONDED BY PERRY, TO REFER THIS PETITION TO THE TRANS-
PORTATION COMMITTEE. CARRIED.
Interlocal Letter from Mayor Garrett requested approval of a Planning Committee
Agreement - King with representatives from County agencies, large suburban cities, and
County-Renton . two from smaller cities; submissions of project proposals; review and
Law & Justice preparation of project summaries by the King, County Law and Justice
Planning Office Staff; consideration and recommendations by the Planning
Committee on King County agency and large suburban city projects, and
decisions on inclusion in the Plan of small city project proposals; and
authorization to apply for funding as the projects are approved by the
OLD BUSINESS State Law and Justice Committee. MOVED BY GRANT, SECONDED BY CLYMER,
TO REFER THIS LETTER TO THE LEGISLATION COMMITTEE. CARRIED.
Proposed Fire Fire Station Committee report submitted by Chairman Clymer recommended
Facilities Bond a general obligation bond issue be placed on the November 5th ballot
Issue which would include the following: a new Fire Station #1 to include
the administrative offices of the Renton Fire Department, $1 ,150,000;
property acquisition for Fire Station #1 , $300,000; 'a new Fire Station
#3 to be located in South Renton, $300,000; new equipment, aerial ladder
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E• WASHINGTON JOCKEY CLUB c 0
'C'-- Operators of Longacres Race Track at Renton _ (0 - �,
._,� 653 SKINNER BUILDING •• SEATTLE,WASHINGTON 98101 , rye �L�
(206)624-2455 �� v-O
Pal 22 :Nil l August 23 , 1974
iA� Y�f
3 Ft
Mayor and City Council 1
City of Renton
Municipal Building
Renton, Washington 98055
Dear Sirs: '
This letter is written in reference to the application of
the Shell Oil Company for a permit to construct a distribu-
tion and storage plant in the vicinity of the Longacres Race
Track. The views expressed herein are those of the owners
and operators of the Longacres Race Track andthe land it
occupies .
We understand that the Planning Commission has voted to
deny the requested permits . We believe that that is a wise
decision and urge the City Council to concur in the
Commission' s judgment.
The Renton Planning Department, in conjunction with Shell ,
has undertaken a long and careful study of the impact of
introducing the fuel distribution and storage facility to
the area. We have reviewed the Summary Final Environmental
Impact Statement prepared pursuant to the Washington State
Environmental Policy Act. We regard the EIS to be incom-
plete, particularly with regard to the impact of the proposed
facility on Longacres , its personnel, the Thoroughbred horses
housed there and the thousands of daily patrons . The state-
ment does not address at all the special problems that may
be caused by the location of a fuel storage facility in such
close proximity to the track, particularly in light of the
likelihood that other such facilities will surely follow.
In addition, it is our understanding, from conversations with
the Puget Sound Air Quality Control Agency, that the area
is already experiencing serious air pollution problems as a
result of hydrocarbon emissions . Recent tests have revealed
that the area at times already exceeds the ambient standard
for ozone concentrations in the air. Ozone is formed from
Mayor and City Council -2- August 23 , 1974
Renton, Washington
hydrocarbons through a photochemical reaction. If these
findings are verified by further tests , it will be clear
that the introduction of a significant new point source for
hydrocarbon emissions will result in a serious health hazard.
It is our belief that the proposed facility will have a sig-
nificant, negative effect on the health and safety of the
people and animals connected with the track and thereby
threaten the viability of a significant industry of the
area and state. This effect is not dealt with at all in
the impact statement. Nevertheless, it is our belief that
the information already contained in the statement is more
than sufficient to justify the decision of the Planning
Commission. Further study would reveal even more evidence
of harmful environmental effects such as suggested above.
Of course, we reserve our rights under SEPA to raise our
objections to the statement at some future time.
Our counsel advise us that a reading of Title IV, Chapter 7 ,
of the General Ordinances of the City of Renton indicates
that the choices available to the City Council are limited.
Section 4-713 (b) (13) clearly states that a petroleum storage
facility is prohibited from an H-I zoned area if it produces
air polluting substances. Section 4-722 states that the
requirements of this chapter is to supercede those of other
laws where the chapter imposes a greater restriction., The
City certainly has a right to impose these standards as
there has been no preemption by the federal or state govern-
ments. Therefore, under the Ordinance, the use proposed by
Shell would be prohibited if there is a finding that air
pollution would result. The EIS indicates that significant
air pollution will result and unless that determination is
found to be incorrect, it is our view• that the Council has
no choice but to concur in the decision of the Planning
Commission.
We recognize that the City of Renton has taken very seriously
its responsibilities with regard to this application. The
staff of the Planning Department and the members of the
Planning Commission are to be commended for their efforts to
date in analyzing this problem. The City has a duty to care-
fully consider the serious environmental effects of the pro-
ject as indicated in the EIS as well as those mentioned here
and by others . We urge the members of the City Council to
uphold the decision of the Planning Commission and deny the
permits required for construction of the facility.
Sincerel , •
(„at4.4,--€11
eis J. A adeff
Pr sident
x osl WASHINGTON' OCKEY CLUB -
it Operators of Longacres Race Track;at Renton.
41;; 653 SKINNER BUILDING • SEATTLE. r ,WASHINGTON 98101 .
(206)624-2455
-, MAYOR
August 23, 1974
Mayor and City Council
City of Renton
Municipal Building
Renton, Washington 98055
Dear Sirs:
This letter is written in reference to the application of
the Shell Oil Company for a permit to construct a distribu-
tion and storage plant in the vicinity of the Longacres Race
Track. The views expressed herein are those of the owners
and operators of the Longacres Race Track and the land it
occupies .
We understand that the Planning Commission has voted to
deny the requested permits . We believe that that is a wise
decision and urge the City Council to concur in the
Commission' s judgment.
The Renton Planning Department, in conjunction with Shell ,
has undertaken a long and careful study of the impact of
introducing the fuel distribution and storage facility to
the area. We have reviewed the Summary Final Environmental
Impact Statement prepared pursuant to the Washington State
Environmental Policy Act. We regard the EIS to be incom-
plete, particularly with regard to the impact of the proposed
facility on Longacres , its personnel, the Thoroughbred horses
housed there and the thousands of daily patrons . The state-
ment does not address at all the special problems that may
be caused by the location of a fuel storage facility in such
close proximity to the track, particularly in light of the
likelihood that other such facilities will surely follow.
In addition, it is our understanding, from conversations with
the Puget Sound Air Quality Control Agency, that the area
is already experiencing serious air pollution problems as a
result of hydrocarbon emissions . Recent tests have revealed
that the area at times already exceeds the ambient standard
for ozone concentrations in the air. Ozone is formed from
•
•
Mayor and City Council.. -2=. August 23 , 1974
Renton, Washington
hydrocarbons through a photochemical reaction. If these
findings are verified by further tests , it will be clear
that the introduction of a significant new point source for
hydrocarbon emissions will result in a serious health hazard.
It is our belief that the proposed facility will have a sig-
nificant, negative effect on the health and safety of the '
people and animals connected with the track and thereby
threaten the viability of a significant industry of the
area and state. This effect is not dealt with at all in
the impact statement. Nevertheless, it is our belief that
the information already contained in the statement is more
than sufficient to justify the decision of the Planning
Commission. Further study would reveal even more evidence
of harmful environmental effects such as suggested above.
Of course, we reserve our rights under SEPA to raise our
objections to the statement at some future time.
Our counsel advise us that a reading of Title IV, Chapter 7 ,
of the General Ordinances of the City of Renton indicates
that the choices available to the City Council are limited.
Section 4-713 (b) (13) clearly states that a petroleum storage
facility is prohibited from an H-I zoned area if it produces
- air polluting substances. Section 4-722 states that the
requirements of this chapter is to supercede those of other
laws where the chapter imposes a greater restriction. The
City certainly has a right to impose these standards as
there has been no preemption by the federal or state govern-
ments. Therefore, under the Ordinance, the use proposed by
Shell would be prohibited if there is a finding that air
pollution would result. The EIS indicates that significant
air pollution will result and unless that determination is
found to be incorrect, it is our view that the Council has
no choice but to concur in the decision of the Planning
Commission.
We recognize that the City of Renton has taken very seriously
its responsibilities with regard to this application. The
staff of the Planning Department and the members of the
Planning Commission are to be commended for their efforts to
date in analyzing this problem. The City has a duty to care-
fully consider the serious environmental effects of the pro-
ject as indicated in the EIS as well as those mentioned here
and by others . We urge the members of the City Council to
uphold the decision of the Planning Commission and deny the
permits required for construction of the facility.
Sincerely,
2,7e,"/
orris J. Alhadeff
President
BROWN a JOHNSON 2 ?5i 6?,
��
ATTORNEYS AT LAW �,•,, L'{y„,
FRANK JEROME BROWN +' �'P p
A.KYLEJOHNSON 3822 SEATTLE-FIRST NATIONAL BANK yDING r. .
SEATTLE, WASHINGTON 98� �1�1E ' c1
L:'
(206) 682-8850 r �,�•,` ,,
Crj
�i
0 S
August 22 , 1974 l. ���'�� ; \, '•
Renton City Council
Renton Municipal Building
200 Mill Avenue South
Renton, Washington, 98055
Dear Members of the City Council:
Subject: Shell Oil Company' s Proposed Petroleum
Products Distribution Plant
We have been asked to present the opposition of the Washington
Horse Breeders Association to the construction and operation
of a proposed petroleum products marketing plant by the Shell
Oil Company in the lower Green River valley near the Longacres
Race Track.
The Washington Horse Breeders Association is a non-profit organ-
ization with 1107 members who are vitally interested in main-
taining the beauty and fine reputation of Longacres Race Track.
Currently the Horse Breeders have under construction a horse
auction facility on the property consisting of approximately
one and one-half acres at the extreme southeast corner of Long-
acres Race Track. The Association intends within the next two
years to move their offices into the new horse auction facility.
As tenants and neighbors of the proposed Shell Oil distribution
plant, the Washington Horse Breeders Association would be imme-
diately and detrimentally affected.
We have reviewed the Summary Final Environmental Impact State-
ment for administrative review for Shell Oil Company' s proposed
petroleum products distribution plant and note that little
attention is paid to the impact of the proposed facility on
Longacres Race Track and the horse racing industry in the State
of Washington.
Review of the Summary Final Environmental Impact Statement
reveals unavoidable adverse environmental effects of noise and
Renton City Council
August 22, 1974
Page 2
atmospheric effects that could severely jeopardize Longacres
Race. Track and the horse racing industry. The Environmental
Impact Statement states that "increase in . . . noise levels
could lead to some complaints from nearby residents, especially
if it is in conflict with sleeping hours" . Race horses and
their attendants are present at all times during race meets on
the premises of Longacres Race Track.
The Environmental Impact Statement also indicates potentially
severe ambient air quality increases and a potential smog prob-
lem. We are assured by practicing horse veterinarians that the
health and performance of race horses on the Longacres grounds
could be affected adversely by temperature inversions and smog
problems caused by the Shell facility.
The site of Longacres Race Track has long been noted for its
beautiful landscaping and generally pleasing appearance. But
the high visibility and undesirable features of the proposed
tank farm will have a disruptive effect. As a resident of the
area, our client considers the proposed tank farm incompatible
in appearance with the neighborhood esthetics.
We ask that the council consider the position of the Washington
Horse Breeders Association and its 1107 members in making a deci-
sion on the Shell request. If approval of the project is con-
templated, we trust that the council would first direct that the
Environmental Impact Statement be revised to include consideration
of the effects of the proposed tank farm on Longacres Race Track
and its tenant, the Washington Horse Breeders Association.
Very truly yours,
51h
4.44e0
A. Kyle hnson
•
AKJ:jb
cc: Washington Horse Breeders Association
f�.R-Lo-r-cC �1.svL�
•
. 5� e4- t--.a,- :. `-c I.-::3 71•'.
19 August 1974 ' 1,,, `',
• c •--
Renton City Council Members 2e -(- w '�)
City Of Renton „ . 1 i OZ- 1 '
200 Mill Ave. So.
Renton, Wa. 98055
Gentlemen:
I would hope that you support the Planning Commission's denial of
Shell's request for oil storage tanks in the;Flats.:
The Planning Commission has studied Shell's request thoroughly, held
public hearings, and voted by an overwhelming majority to deny the
request. For the City Councilmen to ignore that decision would be to
negate many hours of professional hard work.
I am not opposed to development, per se, as long as it is aesthetically
and environmentally compatible, but Shell's proposed development would
only contribute air, noise, and eye pollution to our City. Allowing
Shell to build tanks would seta further precedence that other .oil
companies would cite when' they, request their permits to build next to
Shell and Mob±]2.then the all too real chance of oil spillage will be
multiplied.
The Planning Commission was created to provide professional advice to
the Mayor and City Council on Renton's development. That they have
done by an 8 to 1 decision. Respect and follow that decision.
,ince -
111 t
lilinktiA
a'i - '. -
Fr nk H. Kinney .
.13 N.E. 12th St. '
Renton, Wa. '
A
BROWN E J O H N S O N ,; rc , 't •::—�--�, ... -,webo1atbeie'Ikvttis..1.."
•
), ATTORNEYS AT LAW O P M 4 e' rk
8 22 SEATTLE-FIRST NATIONAL BANK BUILDING k, c;, ��n�_ _, }'�
SEATTLE, WASHINGTON 98154 22 AUG v
Dst&1Oc p"
i
Renton City Council
Renton Municipal Building
200 Mill Avenue South •
Renton, Washington, 98055
. ...----- , (-----,. . -t.,3
'9-u-,'r) 4. 4 off '
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e
( 19 4
TO: MAYOR GARRETT AND ALL COUNCILMEN • ' ,��`,����
.. We, the undersigned citizens of Renton agree port
1•.
our city's Planning Commission in their decision to deny the
; Special Permit Application of the Shell Oil Company for a
•; Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you, our Mayor and City Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community.
Respectfully, .
NAME r ADDRESS
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TO: MAYOR GARRETT AND ALL COUNCILMEN
. We, the undersigned citizens of Renton agree with and support -
our city's Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you, our Mayor and City. Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community.
Respectfully, •
NAME ADDRESS '
it• / ,/lY )7:
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. , TO: MAYOR GARRETT AND ALL COUNCILMEN
We, the undersigned citizens of Renton agree with and support
` our city's Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution. Plant in the
Orilla Flats portion of the. Green. River Valley.
We further would hope that you, . our Mayor and City Council, ¢
; will vote to deny .this Special Permit as we feel this type .
, of facility in the valley is not in the best interests of
•
our community. .
•
Respectfully, - •
•
NAME ADDRESS
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TO: MAYOR GARRETT AND ALL COUNCILMEN
We, the undersigned citizens of Renton agree with and support
our city's Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you, our Mayor and City Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community.
Respectfully,
NAME ADDRESS Z-
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TO: MAYOR GARRETT AND ALL COUNCILMEN ---'"
/We,f the undersigned citizens of Renton agree with and support
our city's Planning Commission . in their decision to deny the e
'. Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the o
i
Orilla Flats portion of the Green River Valley. I
i
We further would hope that you, 'our Mayor and City Council, r
1
- will vote to deny this Special Permit as we feel this type Jf1
of facility in the valley is not in the best interests of /
our community. r-_ _-
Respec.tfu1.l�;--.--..-- .-_--.... .
NAME 'ADDRESS "
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•
. TO: MAYOR GARRETT AND ALL COUNCILMEN
.We, the undersigned citizens of Renton agree with and support
our city's Planning. Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
•
.
We further would hope that :you,. our Mayor and City Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
,our community.
• , Respectfully, •
NAME ADDRESS
• 1. ,2 ,., , •., a
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TO: MAYOR GARRETT AND ALL COUNCILMEN
We, the undersigned citizens of Renton agree with and support
our city' s Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the 'Green River Valley.
We further would hope that- you, our-,Mayor and City Council,'"
will vote to deny this Special Permit, as we feel this type
' f
of facility in the valley is not in the best interests of.
our community.
Respectfully, • •
NAME ADDRESS
1. ate., . /Vyi9 Ion-fli._.:A- ue 5e Rent .
3. `,2,id .7 ,e i�G �?/� //D S / n`1 71115-�
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•
T(7: MAYOR GARRETT AND ALL COUNCILMEN
. We, the undersigned citizens of Renton agree with and support •
our city's Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing. and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you, our Mayor and City Council,
. will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community. .
Respectfully, . .
141 N , I ADDRESS .
1. .�/.1�.%_ / Ili , fal3 .37�� S� @� 41a-d. -
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TO: MAYOR. GARRETT AND ALL COUNCILMEN
; We, the undersigned citizens of Renton agree with and. support
our city' s Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a.
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion Of the Green River Valley.
We further would hope that. you, our Mayor and City Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community. .
• Respectfully, .
•
•
NAME ADDRESS . ,
1. 2( 4 _. _ ..... I. _ .
2, _ 1 <ik G _0 .5 a R c
5 . F`.Ar 0---OL- _.-( frg 4 57121774 Lent'A ie s® gfA,'iar
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•
•
; TO: MAYOR GARRETT AND ALL COUNCILMEN
We, the undersigned citizens of Renton agree with and support
Four city's Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you, our Mayor and. City Council,
will vote to deny this Special Permit as we feel this type
,of facility in the valley is not in the best interests of
our community. '
Respectfully, • '
NAME ADDRESS
1. - Cx
r- � .t? _ � � �.-- - -._...___ -�- ---- -- - ,, o - - -
cLe
3. Z,, t _�-� l 4. - J/
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25.
26.
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28.
29.
30.
• `\
TO: MAYOR GARRETT AND ALL COUNCILMEN
. We, the undersigned citizens of Renton agree with and support
our city' s Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you, our Mayor and City Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community.
Respectfully, .
NAME ADDRESS
1. air M -gE4/7-6TtI -
2 ' "
4. SOS / f
j `/� , ► .-_.. 'o - /`/ i�' '��
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25.
26.
27.
28. .
29•30. .
•
TO: MAYOR GARRETT AND ALL COUNCILMEN
We, the undersigned citizens of Renton agree with and support
our city' s Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you, .our Mayor and City Council,
will vote to deny this Special Permit •as we feel this type
of facility in the valley• is not in the best interests of
our community.
Respectfully, .
NAME ADDRESS
1. 4ag4 7jf /77�G �-r /632-
2. . /6 3,R o77-v' av-e..5©, Glo �. , __
3. 9, VAC' /l©3'/ eZI!!
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30. . • -
TO: MAYOR GARRETT AND ALL COUNCILMEN
. We, the undersigned citizens of Renton agree with and support
our city's Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company fon. a
Petroleum Products Marketing and Distribution PlantLin the
Orilla Flats portion of the Green River Valley.
We further would hope that you, our Mayor and City Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in .the best interests of
our community.
Respectfully, •
NAME ADDRESS
1. , ALt 21 d?tt . &A4-)76 /?-4-k-t-1)
- 9�a
3 "--eff d,, / 6?-4-elet
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8.
9.
10.
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13.
14.
15.
16.
17.
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19.
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21.
22 . .
23.
24.
25.
26. •
27.
28. • __.
29.
30. -
e
•
TO: MAYOR GARRETT AND ALL COUNCILMEN
We, the undersigned citizens of Renton agree with and support
our city' s Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
WWe further would hope that you, our Mayor and City Council,
will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community.
Respectfully,
NAME ADDRESS
l&e.-4.4.-cV)
3. .er C. . e�a,G.'c. p .__ -_
_ -5 ,,,,, //6.034 _al e-72--V,Er , 6).e,72.._____) .
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•
TO: MAYOR GARRETT AND ALL COUNCILMEN
. We, the undersigned citizens of Renton agree with and support
•
our city' s Planning Commission in their decision to deny the
Special Permit Application of the Shell Oil Company for a
Petroleum Products Marketing and Distribution Plant in the
Orilla Flats portion of the Green River Valley.
We further would hope that you,. our Mayor and City Council,
. will vote to deny this Special Permit as we feel this type
of facility in the valley is not in the best interests of
our community.
Respectfully, •
NAME ADDRESS
o
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4.
Q� %v
6 p� `��U?�CL,cJ C ,. ..__.. _/ 1. Alp Poirrtz
8.
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SHELL OIL COMPANY
TWO SHELL PLAZA ,\cs'0202122c0,
P. O. BOX 2105 (lc\ ? ,
HOUSTON, TEXAS 77001 9G lar6)
August 21, 1974 f" o __A oo
Avery Garrett, Mayor Q, �L \` .
602 S.W. Langston Road 84. Q Ai -2�
Renton, Washington 98055
Dear Mr. Mayor:
The Shell Oil Company's appeal of the denial of a special
permit to build and operate a petroleum product distribution plant
will come before you on August 26, 1974. The decision you reach will
not be an easy one.
This matter has been before the Planning Commission for over
a year and, in that time, the pro and con opinions have hardened to the
point where it appears both sides have lost some of their objectivity.
Additionally, a great deal of emotionalism has been injected into the
proceedings by the newspaper interviews with both the proponents and
opponents of the project.
Shell hopes that the Renton City Council will consider this
matter on the facts in the case and the legal rights of all parties.
For this reason we feel that it is necessary to review our position with
you.
Shell purchased the Renton property in December, 1969 from the
Olympic Pipeline Company. It then applied for and was granted a fill
permit by the City of Renton Building Department and proceeded to fill
the property. The property was zoned H-1 and both the Olympic Pipeline
Company and Mobil Oil Company had operating facilities on H-1 zoned land
adjacent to Shell. Shell selected this site over other locations because
of its close proximity to the Olympic Pipeline junction from which product
will be supplied to the plant. In addition, the site is remote from
residential areas, near the center of the area in which Shell distributes
its products and has excellent access to highways.
The legal difference which exists today that did not exist at the
time Mobil and Olympic built their facilities, is that the State of Wash-
ington Environmental Policy Act of 1971 requires that an Environmental
Impact Statement be prepared if deemed necessary. The E.I.S. is required
"to insure that environmental as well as economic, design and other more
traditional factors are considered in the review of the proposed action".
•
2.
In considering alternative uses for the Shell site the E,I.S,
dismisses its preservation for open space and use ,for agricultural purposes
but suggests the most reasonable alternative use as an industrial park at-
tracting "manufacturing and distributive or service oriented industries".
This is not incompatible with Shell's proposed use as .a petroleum distri-
bution plant..
•
Comparing the environmental effects of Shell's proposed use of
the site with its use as a manufacturing park one must conclude that the
two would be very similar.
In the Planning Commissions' report recommending denial of the •
special permit, 'considerable emphasis is given to air and noise pollution.
Because of this Shell, in the last two weeks, has sought additional expert
advice on these subjects, copies of which are attached for your consideration.
The remaining reasons cited by the Planning Commission for denial of the
permit have' either been mitigated by Shell's plans in discussion with the
Planning Department or fall in the area of remote possibility in the event
of an accident or natural disaster except for the last dealing with precedent.
The implication that the Council would be setting a precedent for
• future petroleum related facilities by approving Shell's special permit ap-
plication is completely unfounded. Shell, Mobil and Olympic occupy all of
the H-1 zoned property in the immediate area, thus future;;petroleum related
facilities could be.prohibited through present zoning.
Another fact that should be considered time that isthe
a ath the _ ___
Planning Commission was preparing their report, Shell was meeting with members
of the Planning Department in an effort to resolve any differences between •
the City and ourselves, of our plans. The results of these meetings and
Shell's offers of compromises were transmitted by letter to the Planning
Commission but were not considered in the Commissions' report. Shell is
still open to compromises or additional modification of their plans to
meet the City's requirements. •
Finally, it is our belief that a careful objective review of all
the facts presented in this action will reveal that there is nothing in the
E.I.S, or local land use ordinances that prohibits the' granting of a special
use permit to Shell.
Very truly yours,
'°lr.'' If'gtjf'se4;11/t
William B. Rogers
Plant Operations Manager - West
AIR POLLUTION
The Federal Government is responsible for national air quality
standards and has set the quality goal at 160 milligrams of oxidants per
cubic meter of air. They control the mobile emissions sources by reg-
ulating the automobile manufacturers and have delegated to the States
control of the stationary sources. When, in the opinion of the Federal
Government, the mobile emission reductions in an area coupled with the
existing stationary emissions will not meet the national standard, the
States are required to legislate reduction of the stationary emissions.
Two hundred and forty seven air quality control regions exist in
the U.S. , of which 54 are critical areas designated Priority 1. Puget
Sound is one of the 54 Priority 1 areas. A Priority 1 area is defined as
one where oxidant level at any single monitory station in the area measures
195 ug/m3 for one hour. The maximum measurement recorded for the station
nearest Renton has been ug/m3.
Air pollution by its nature is a complicated subject. In simple
terms, air quality in the form of hydrocarbon (organic compound) emission
is measured by measuring the oxidant concentrations in the atmosphere.
Oxidants are not manmade but are caused by' a photochemical.r.eaction of.or-
ganic. compounds emitted to the atmosphere reacting with nitrogen oxide in
the presence of sunlight. This reaction is not instantaneous but takes
place over a period of time depending on the type of organic compound,the
ambient temperature of the air and the amount_of sunlight and nitrogen
oxide present. Thus a `point source of stationary hydrocarbon emissions
such as the Shell plant site in the valley would not create photochemical
oxidants (smog) at its location. These would be created as they drift to
other areas and the photochemical reaction takes place over time. It can
also be assumed that by closing Shell's Harbor Island and Tacoma plants
located at either end of the valley in favor of Renton, over-all photo-
chemical oxidant level in the valley itself would be reduced.
, The three charts attached may be of help in assessing the qualities
of organic emissions from various sources. It should be kept in mind that
petroleum marketing includes service stations as well as marketing distri-
bution plants such as that proposed by Shell.
I •
I '
•
NOISE POLLUTION
The information that has been presented in the Summary Final
Environmental Impact Statement is both over simplified and technically
inaccurate. Consequently, the conclusions that have been made are - •
incorrect.
• { It is true that 40-50 db represents the ambient background
noise level at subject site. However, the maximum anticipated increase
in ambient noise level will be in the order of 2 or 3 db. To correct.
1 the record, the San Francisco statute, referred to in the Planning
Commission's Committee Report, which limits noise increases to "5 db
above background" applies to ambient background noise levels and should
not be interpreted to include transient noises, such as those generated
by trucks and automobiles. It is incorrect to take an, existing ambient
background noise level and then add transient truck and automobile
noises to this figure and then conclude that the San Francisco statute
.has been violated.
The numbers shown for L10 -noise level increases along the -
access road concluded that noise increase could result in complaints
from nearby residents, especially if it is in conflict with. sleeping
hours. ' We disagree with this data and the assumptions made for the
following reasons: (1) existing residential homes are quite remote from
the proposed site and access road (2) existing residential homes are
located in close proximity to existing highways and arterials with the
majority located on the far side of the adjacent highways and freeways.
{ In view of this,. noises from the proposed site or access road will be
masked out by highway and arterial noises. • A rule of thumb value is a
decrease in noise of 6 db for each doubling of distance. • The closest
residence is eight-tenths of a mile (4,224 ft) from the Shell site.
•
•
•
• ;\- ' I _ •
�- : . Table 111a. National emissions of organic compounds, 1968.
• - Organic compound emissions;
• • _ r 106 ..
- Source Tons/Yr Per cent
• Transportation -
Motor vehicles 15.6 48.7
. Aircraft 0.3 1.0
Railroads • 0.3 . 1.0
Vessels 0.1 . 0.2
. Non-highway use 0.3 1.0._ .
' .Fuel combustion 0.7 2.2
• Industrial processes - 4.6 :.19t..6,A.:.. .- -.-
•,..,a v._.e_. .{I . . . .. Solid waste disposal---- • - 1.6 •
• Organic-solvents 3.1 9.7
- . - • Gasoline marketing . . _ _ 1.2 _ - _ =-3z8• ----
..._ - __ . - --Miscellaneous 4.2 -13.0
• . • 32.0 100.0
--
e From Air Quality. Criteria for Hydrocarbons.(Ref.10).
• tionary sources. ' Tables I and II show such inventories from _
the Los Angeles and San Francisco Bay Area air pollution
4. . _. ±- . _ I - control districts. Nationwide emissions of organic compounds
have been estimated for•1968 by the National—Air—Pollution-- -
'Control Administration and are shown in Table III I.
Sources of Organic Compound Emissions .1 It can readily be ascertained that the majority of such.
' Source of organic compound emissions include mobile and emissions are derived-.-from transportation sources, but on.a.
stationary sources. Stationary sources include petroleum national level,about 14%of organic compound emissions come
refining, gasoline distribution and marketing, chemical and from stationary organic solvent •evaporation and- gasoline .
- •plastics Manufacturing,coking, fuel burning;incineration and marketing operations. Also on a national level..total,organic
. food processing. The major source of organic compound • emissions are distributed by 52%from transportation sources
- emissions from stationary sources is derived from solvent using and 48% from stationary sources. This distribution is•not
operations. These include the manufacture and application.of too dissimilar in the Los Angeles and San Francisco Bay Area
surface coatings, rubber and plastic products,.degreasing and ,emission inventories. Since most stationary source reeula-
' eleaning of metal parts, drycleaning operations, printing and tions are concerned almost exclusively with gasoline distr:ru-
the manufacture.of chemicals. : - tion and marketing operations and organic solvent and surface
It would be of interest to compare the daily emission of coating operations it should be pointed out that these emi--
•-- organic compounds to the atmosphere from mobile and sta- sions constitute about 10-20%of the total organic compound
emission to the atmosphere. ,
Tabled. San Francisco Bay Area—
total organic emissions 1972. -
Source Tons/Day '
.
Petroleum refining 82 •
Petroleum marketing 94
Chemical 32
Organic solvents . 334
Combustion 4
Off-highway vehicles '? • . .
• - Miscellaneous 22 • • ••
• - Transportation 700 -
. . Total 1300 •
.
Table'II. Los Angeles County—total organic emissions 1971. - • -
Source Tons/Day - .
• Chemical industry 107 •
Petroleum refining •• 62 • •
'Petroleum marketing 130 C.
• Surface coating 110
Degreasing • `95 - - •
Other solvent use 35 .
Commercial 55 • . ' -
. Residential 67 • . •• '
Combustion, 12
Mrscellenous 92 - -
Transportation 1700 - •
.
• Total 2465 - • •
1
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•A. Wesley Hodge, P.S. �C� 6") `
M � g„ c9' 00
Law Offices I 309 Norton Building Seattle Washington 98104 I 206 624 57 J, 1 37 co
ti
August 20, 1974 60C9 9V -2,�°
Renton City Council •
Municipal Building -
Renton, Washington
Re : Shell Oil Company Application for Products-
Marketing Distribution Plant:
Gentlemen:
This letter is written in support of and to further
clarify the legal issues involved in, Shell ' s request for -
petroleum products marketing-distribution plant in a heavy
industry zone.
This property is comprehensively planned as heavy
industry on the Renton Urban Area Comprehensive Plan as revised
in March of. 1972 .
This property is zoned heavy industry pursuant to the
comprehensive plan. The zoning designation 4-713 permits the
outright use of any use permitted in a light industry district
and 62 other uses as set forth in the Renton Zoning Code . In
addition, 23 other uses are permitted unless they have obnoxious
odors, noise, smoke , dust and air polluting substances . Of these
23 uses, number 13 is "Petroleum, refining or storage or manufact-
ure of any of its by-products . "
In the event odors , noise, smoke, dust and air polluting
substances amount to a common law nuisance then the use creating
them is prohibited. Such is not the case with Shell' s application.
This application deals only with storage and distribution as
there will be no refining or manufacturing at this plant.
Pursuant to Sec. 4-713 of your Zoning Code , Shell' s
application and supporting- Environmental Impact Statement conclus-
ively prove that this is a permitted use.
A second pollution test under your code which would be
appropriate is whether or not the facility meets the standards
of the Environmental Protection Agency, Renton Environmental
Ordinances, and other applicable ordinances or regulations such
as the Puget Sound Air Pollution Control Agency. The Environmental
Impact Statement indicates that all of these legal requirements
Renton City Council
August 20 , 1974
Page 2
have been met thereby complying with your zoning ordinance.
A third test as to whether or not this is a permitted
use is past history and experience. In this respect it should
be noted that. the Mobil Corporation received a permit as a
permitted use. Mobil' s operation is not a nuisance. Shell ' s
facility because of technological advances would be superior.
Because the Shell facility will include distribution as
well as storage the question has recently been raised as to the
applicability of the last sentence of 4-713 . That sentence
permits "other uses which can be reasonably considered similar
or related to the uses listed above upon approval of the Planning
Commission. " In the event the Shell facility falls in this
category then the test is whether or not Shell ' s proposal is
considered similar or related to the uses listed in the Ordinance.
Shell' s use is superior or equal to the uses set forth in the
zoning ordinances. Therefore, as in 13b, it is a permitted use
under the zoning ordinance.
Is a special permit required and what are the conditions
and ground rules for the issuance of a special permit?
The decision to request a special permit of the Shell
Oil Company was at the request of the Renton City Planning
Department. There was considerable doubt upon our part that a
special permit was required for the reason set forth above that
this was a permitted use. In the event, that a special permit
is required then it is governed by the applicable language of
your ordinance referable to obnoxious odor , noise, smoke, dust
and air polluting substances . The conditions , if any, which
should be attached to a special use permit would relate to the
requirements of your ordinances.
The authority of a city council in reference to the
issuance of special use permits was resolved in Lund vs . Tumwater,
2 WN. App. 750. That case held: "The city council acts in an
administrative rather than legislative capacity when issuing
special use permits and its authority to issue the permit is
limited by the standards contained in the zoning ordinance . "
The Shell application meets or exceeds any standards contained •
in the zoning ordinance.
Renton City Council
August 20, 1974
Page 3
The power to grant or withhold a special permit is a
delegated power. A municipal legislative authority may not
delegate the unrestricted power to grant or withhold special
permits to planning commissions . The power to grant or withhold
special permits must be limited by standards sufficient to
contain the discretion of the commission and provide the courts
with a reasonable basis for judicial review of boards decisions.
Unlimited discretion is not allowed.
The scope of the State Environmental Policy Act has
been appropriately raised and evaluated. Requirements of SEPA
have been met. The State Environmental Policy Act does not ,
authorize a municipality to apply unwritten and discretionary
environmental controls.
The Planning Commissions report goes beyond the legal
authority of SEPA. As an example : The Shell facility meets all
applicable Renton air pollution standards, the Environmental
Protection Agency' s standards, the Puget Sound Air Pollution
Control Agency standards and all known air pollution standards.
' In a direct question to the Renton Planning Commission, they
indicated that notwithstanding compliance with these requirements
they were going to require something further without defining
what that was.
SEPA does not allow discretionary performance ' standards
which a commission can apply on a case by case or piecemeal basis.
SEPA is not a grant of authority to a non-legislative body which
would allow them authority for applying a completely new set or
unwritten group of environmental controls which have not been
authorized by the City' s legislative body. Absent legislation
which applies equally to all others similarly situated these ad
hoc requirements would be illegal . An application cannot be
turned down on the basis of such illusory or unwritten standards.
However, this application and the subsequent modification of that
' application by Shell ' s letter of July 19 , 1974 , meets all State
environmental tests. The committee report which was adopted by
the planning commission goes beyond any applicable underlying
legislation or ordinances either at the City of Renton level or
state level . The compromises proposed are more than a good faith
attempt to meet any environmental considerations .
.
•
Renton City Council
August 20 , 1974
Page 4
We respectfully submit that Shell ' s application meets
all environmental tests, zoning requirements of the City of
Renton and should be granted.
Very truly yours ,
/2.
//
A. Wesley Hodge J
AWH:re
bev2'.3" SER _ •
pM
A. Wesley Hodge, P.S.
AUG
Law Offices I Norton Building Seattle Washington 98104
/97A. / • .
•
• Avery Garrett, Mayor
• 6.02 SW. Langston. Road
Renton, WA. 941055
CITY OF RENTON
NOTICE OF PUBLIC NEARING
BY
RENTON CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Renton City Council has
fixed the 26th day of August , 19 74 , at
8: 00 P .M. in the Council Chambers of the Renton Municipal
Building, Renton , Washington as the time and place for a
public hearing to consider the following:
Appeal of Planning Commission denial of SPECIAL PERMIT
TO CONSTRUCT A PETROLEUM MARKETING (DISTRIBUTION) PLANT
in H-1 Zone , 1 mile West of E . Valley Highway , vicinity
of Longacres Racetrack. (Shell Oil Company)
Any and all interested persons are invited to be present
to voice approval , disapproval or opinions on same .
CITY OF RENTON
Q. ?Mad.
Delores A. Mead , City Clerk
DATE OF PUBLICATION
8/7/74
CERTIFICATION
STATE OF WASHINGTON)
ss .
COUNTY OF KING ) J
I , L /1-/T/�.0S hereby certify that
three (3) copies of the above notice were posted by me in
three conspicuous places on the property described and one
copy was posted at the City Mu icipal Building , Renton ,
Washington on date of /94/7/15C- 22 s , 19 74
Signed
ATTEST ;
•
Notary Public in and for the State
of Washington , residing at Renton.
..)
•
CITY OF RENTON •
•
NOTICE OF PUBLIC HEARING •
•
BY •
RENTON CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Renton City Council has
fixed the 26th day, of August. , 19 _79_, at
8 : 00 P .M. in the Council Chambers of the Renton Municipal
Building, Renton , Washington as the time and place for a
public hearing to consider the following:
Appeal of Planning Commission denial of SPECIIL TERMZT TO. CONNrkUCr
A PETROLEUM MARKETING OISTRIBUTION) PLANT in b444 Zone mile
West of E. Valley, Vicinity, Longacres Race Track.,
•
Any and all interested persons are invited to be present
to voice approval , disapproval or opinions on same.
CITY OF RENTON
O.
Delores A. Mead, City/'Clerk
•
DATE OF PUBLICATION
8/7/74
CERTIFICATION
STATE OF WASHINGTON)
ss .
COUNTY OF KING
I , hereby certify that
three . (3) copies of the above notice were posted by me in
three conspicuous places on the property described 'and one
copy was posted at the City Municipal Building , Renton ,
Washington on date of , 19
Signed
ATTEST : •
Notary 'Public in and for the State
of Washington , residing at Renton.
•
•
.� — .
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING ss.
Barbara. Ca.mpagna
being first duly sworn on
she chief clerk
;oath, deposes and says that is the of
THE RENTON RECORD-CHRONICLE, a tri-weekly newspaper. That
said newspaper is a legal newspaper and it is now and has been for
more than six months prior to the date of publication referred to,
printed and published in the English language continually as a tri-
weekly newspaper in Renton, King County, Washington, and it is now
and during all of said time was,printed in an office maintained at the
aforesaid place of publication of said newspaper. That the Renton
Record-Chronicle has been approved as a legal newspaper by order of
the Superior Court of the County in which it is published, to-wit, King 1-
County,
Special permit to — ,�
Washington.That the annexed is a
I construct petroleum marketing (distr) plant
_ j(oCr RBN ON -
• NOTICE CIF PUBLIC
q G t�
y "�L IX" !t k,35,
I
as it was published in regular issues (and t RENTON CITY COUNC L
not in supplement form of said newspaper)once each issue for a period • l."NOTICE IS HEREBY GIVEN
,that the•1 AMA l lna �
Councils l
i kfixed ,ffiEt 26th day Cjl ugust
of OfG consecutive issues, commencing on the 1,9744 18.00 in{,� Council
I 'Chambers C4 i i I G3 u el ,,;
,palrBuilding, Renton, Washi gto
7
i .as A So
the MI place p public'
Ii dayof l�lla' , 19 , and ending the eating"Lb consider Elk;following,"''
''Appeal d1 Pla i : Commis`-
skin'denial of SPECIA1L PERMIT
day of , 19 ,both dates TO,: CONSTRUCT' GJ PETROLBUM
inclusive, and that such newspaper was regularly distributed to its t MARKETING (DISTRIBUTION
subscribers during all of said period.That the full amount of the fee F.ifANT� L m?iJ MI fu�b�
T''. of��E .`u ilIN, Longacres
I 7.53 f, Race
charged for the foregoing publication is the sum of$ , which I . s- -'-i*gf leill interested persons
bias been paid in full at the rate of per folio of one hundred words gatibihrfiz•i 17a Present
approval disapproval of opinions
for the first insertion and per folio of one hundred words for each on;same
subsequent insertion. € CII ii�y1y1��I�.�1
c$f
:Pblished iiii ilk Renton I
cord Chronicle August 'Novi
chief clerk M •
Subscribed and sworn to before me this 7 day of
Aug ,19 74 -
_ CaAJ./g
Notary Psi :c in and for the State of Washington, ,
ding at Renton,King County.
I-
-Passed by the Legislature, 1955,known as Senate Bill 281, effective
June 9th,1955.
-Western-Union Telegraph Co.rules for counting words and figures,
adopted by the newspapers of the State.
'
Renton City Council Meeting
Minutes of 8/19/74 - Page 4
NEW BUSINESS Mayor Garrett announced that he had received a telephone call from
Representative Brock Adams that Renton had officially been designated
a Bi-Centennial City.
Data Processing Council President Clymer inquired concerning the City computer opera-
tion and financial impact in event of water or fire damage. Security
measures involving back-up tapes, one solution proposed. Meeting to
be held with EDP Manager Ed Torkelson for further discussion of the
subject.
Fire Civil Council President Clymer requested the Mayor's Office to ask the Fire
Service Comm. Civil Service Commission to make their findings on new Fire Chief at
Fire Chief a City Council Meeting, Oral Boards held last Saturday, in order that
Appointment everyone would have the results at the same time.
Planning Councilman Schellert remarked on the increased work load of the
Commission Planning Commission, total of 38 applications pending. Requested
Work Load the Mayor's Office to make a recommendation on this situation.
Disaster Plan Council President Clymer observed the Disaster Training Program while
in Wenatchee several months ago and remarked that this program must
have undoubtedly aided the city when they recently had a real disaster
in their city. He inquired if the City had a Disaster Plan. Mayor
Garrett replied that the Acting Fire Chief was coordinating the plan.
Acting Chief Geissler said that the Fire Department already had a well-
formulated plan and the Disaster Plan for the whole City will be ready
in another month.
Budgeting, Councilman Schellert advised the Council that the Association of Washing-
Accounting & ton Cities was holding seminars on the Budgeting, Accounting & Reporting
Reporting System (BARS) and Finance Director Marshall had urged the Finance and
System (BARS) Personnel Committee to attend these seminars. He announced the local
Seminars schedule: Seattle, Municipal Building, August 22; Kent, City Hall ,
September 5; and Bellevue, City Hall , September 12.
Fire Drills at Upon inquiry from Councilman Stredicke as to participation by the Fire
Boeing Co. Department at the Fire Drills held at Boeing, Acting Fire Chief Geissler
replied that all of the crews, both front line and back-up, have partici-
pated in the drills.
Municipal Bldg. Councilman Stredicke inquired of the Administration when something was
Tiles going to be done about replacing the tiles at the front of the Municipal
Building. Public Works Director Gonnason replied that the tiles would
be replaced, as soon as Staff time permitted, with concrete aggregate.
Tiles will be entirely replaced, can be replaced with tile also.
Councilman Delaurenti remarked that he hoped it would be accomplished
before winter.
Group' Health Upon inquiry by Councilman Grant regarding the status of the new Group
Facility in Health Facility in the Earlington Flats area, Planning Director Ericksen
Earlington said that they were presently working with the officials of the Group
Health Cooperative, property is located southwesterly of the Austin
Building on S.W. 16th St. and is zoned H-1 , the building will be an
• Administrative Referral Headquarters and employ 400-450 people, half
of which will be relocated out of their Seattle facility. The con-
struction should begin no later than early 1975.
Committee of Councilman Clymer announced the new officers of the Planning Commission,
the Whole Mr. Norman L. Ross, Chairman; Mrs. Patricia Seymour, Vice-Chairman; and
Meeting Mr. Larry Gibson, Secretary. The Commission suggested a meeting with
Planning the Council to discuss some of the concerns of the City, Mr. Ross to
call the members for a meeting with the Committee of the Whole on
Commission
9/5/74 September 5, 1974. Planned Unit Development will be discussed with
a film presentation by Planning Director Ericksen.
Downtown Councilman Stredicke remarked that the Downtown Merchants were dissatis-
Parking fied with downtown parking and were ready to acquire property and do
something about it.
Municipal Upon inquiry from Councilman Stredicke regarding the status of the
Lunchroom Municipal Building lunchroom, Public Works Director Gonnason stated
that the lunchroom operation would be resumed next week.
Renton City Council Meeting
Minutes of 8/19/74 - Page 3
PROCLAMATIONS Proclamation of Mayor Garrett proclaimed the week of September 15-22,
•
Learning/ 1974, as Learning/Language Disabilities Week and urged all citizens
Language to recognize the Washington Association for Children with Learning/
Disabilities Language Disabilities. MOVED BY STREDICKE, SECONDED BY DELAURENTI ,
Week THAT THE CITY COUNCIL CONCUR IN THE MAYOR'S PROCLAMATION.
OLD BUSINESS Councilman Clymer reported progress of the Fire Station Committee
and plans for a Fall election regarding a new Fire Station Facility.
Discussion ensued as concerns a multi-purpose center. Mr. Stark
outlined investigation of a South End Complex, funding and City
of Kent experience on a like project. Combining of such a facility
with our new Fire Station was deemed incompatible due to fire
training exercises. The Chamber of Commerce also working with
the City on the matter.
Shell Oil ' Community Services Committee Chairman Grant reported committee
Permit meeting held with Shell Oil Company representatives, Planning
Commission and members of the Victoria Home Owners ' Association
regarding proposed Petroleum Marketing (Distribution) Plant in
H-1 zone in vicinity of Longacres. Legal aspects had not been
discussed with the City Attorney, and Councilman Grant inquired
whether the Council •wished the Committee to pursue this area
prior to the Public Hearing scheduled for August 26, 1974.
. Councilman Delaurenti stated desire to meet with the City
Attorney for such discussion. (Meeting scheduled later. )
Bergman Property Councilman Grant reported that the Community Services Committee
Cow Barn has determined that the problems regarding barn construction
and keeping of cows on the Bergman property is an administrative
matter rather than Legislative and that the Council should not
be adjudicating the issues. MOVED BY CLYMER, SECONDED BY
SCHELLERT, TO REFER THE BERGMAN COMPLAINT TO THE PUBLIC WORKS
DEPARTMENT. It was noted the appeal by Mr. Bergman-and any
variance request should be submitted to the Board of Adjustment
as provided by law. MOTION CARRIED.
Senior Citizens Finance Committee Chairman Schellert reported meeting with the
Nutrition Site Council on Aging regarding expansion of the Senior Citizens'
Program Nutrition Program. The Finance Committee asked the Administration
to prepare a draft agreement with the Area Agency on Aging, out-
lining the City's participation on the expanded program so the
Council will be able to evaluate its proposed action, which
document also might be submitted to the State Auditor to deter-
mine whether this action would meet legal requirements within
restrictions of the State Constitution. City Attorney Shellan,
upon inquiry, stated that the Federal Revenue Sharing Act states
that the distribution of funds is subject to State Laws and the
State Constitution. State Constitution states that no city or
county may give any property to any private persons or agencies.
The City may give public funds to another public agency for the
help of the poor and infirm, but could not be limited to senior
citizens, or any specific age bracket. It may be possible for
the City to use public funds for the very limited purpose of
aiding the poor and infirm if they can reach an agreement.
Councilman Stredicke remarked that the City' now has special
utility rates, pays for ambulance service, and has a swim pro-
gram for disadvantaged children paid for out of City funds.
Library Councilman Stredicke inquired as to referral on Library heating,
Heating and asked for the report on it. Public Works Director Gonnason
said it was in the Public Works Committee and it has requested
the consultant to review and correct the deficiencies of the
heating system and to provide information at budget time so that
the amount needed to correct the problem can be budgeted. -
Kiwanis Air Councilman Stredicke announced that the Air Fair had been a great
Fair success and wanted to congratulate the Kiwanis Club. More than
6,000 people had attended the Fair and it was a great opportunity
to show off the Airport and improvements, hoped the Fair could
be expanded next year.
Renton City Council Meeting
Minutes of 8/12/74 - Page 3
OLD BUSINESS - Continued
Board of Ethics Council President Clymer asked that the Board of Ethics review and
Clarification clarify those activities or functions \in which Councilmen may partici-
Requested pate without breach of the Code of Ethics, without being placed in
untenable position of being considered a "snob" for not attending or
accused of accepting a gratuity for attending. MOVED BY STREDICKE,
SECONDED BY SCHELLERT, THAT COUNCIL PRESIDENT CLYMER'S REQUEST
BE REFERRED TO THE MAYOR'S OFFICE FOR CONVENING OF THE BOARD OF
ETHICS FOR DETERMINATION. Councilman Perry asked that the Board
also determine whether or not Councilmen could belong to Employees
Club or other organization and make decisions for the budget. CARRIED.
Public Works Public Works Committee Chairman Bruce submitted committee report
Committee Report recommending that the original plan and boundaries be maintained for
L. I.D. 284 sanitary sewers in Jones Ave. N.E. between N.E. 40th and N.E.44th,
Proceeds L.I .D. 284, and that the Public Works Director be directed to pro-
ceed with the preparation of final plans and call for bids for
the construction substantially as originally intended. The report
noted, meeting with the property owners and the Public Works Director
presented two alternate plans. MOVED BY SCHELLERT, SECONDED BY
BRUCE, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PUBLIC WORKS
COMMITTEE. Mr. Robert Fawcett presented a letter for the record
from his attorney, Mr. Douglas R. Hartwich addressed to Public
Works Director Gonnason, dated 7/3/74, stating that the Fawcetts
do not wish their property included in L. I.D. 284, however other
property owners do desire sewer service, the Fawcett property having
access to Metro sewer line with no present plans for development.
The letter further stated that they understand alternate location
is being recommended which will exclude the Fawcett property;
that if any L. I.D. includes the Fawcett property they fully intend
to object to the assessment of their property on the basis that
such property has not been specially benefitted because if may
be served by the Metro line running through that property; recom-
mending alternate plan which excludes the Fawcett property.
Public Works Director Gonnason reported meeting with property owners
regarding alternate routes which met with protest from other owners.
MOTION CARRIED.
Group Health Public Works Committee report recommended that the Public Works
Parking Lot Department be authorized and directed to negotiate a lease on
terms favorable to the City providing for additional parking space
requirements ford expansion of the Group Health Medical Center on
City owned property adjacent to the Mt. Olivet water reservoir.
MOVED BY PERRY, SECONDED BY BRUCE, COUNCIL CONCUR IN COMMITTEE
RECOMMENDATION. Public Works Director Gonnason noted the purpose
of the request was to meet City' s requirements of off-street parking
in order to expand clinic. Councilman Delaurenti, being concerned
about water tank, was advised by Gonnason that fencing will be
required. MOTION CARRIED.
•
Lake Washington Community Services Committee report was presented by Committee
Water Front Lots Chairman Grant recommending that an appraiser be hired for appraisal
Disposition of of Lots 38 and 39 of Lake Washington Garden of Eden Dvn. #1 and
City Property Second Class Shorelands owned by the City and offer of purchase
having been received. The report also recommended referral of the
Community Services matter to the Finance and Personnel Committee. MOVED BY BRUCE,
Committee SECONDED BY DELAURENTI , COUNCIL CONCUR IN COMMUNITY SERVICES COM-
MITTEE RECOMMENDATION. Chairman Grant reported meeting with inter-
ested parties, members of the Park Board advised they have no
future plans for use of said property, that committee only wants
to determine value, noting the lots narrow and half under water,
not suitable for boat launch as too steep and no parking place.
ROLL CALL: 5 AYE: CLYMER, SCHELLERT, DELAURENTI , BRUCE AND GRANT.
2 NO: PERRY AND STREDICKE. MOTION CARRIED. City Attorney Shellan
asked that the record be checked prior to any call for appraisal
to determine whether or not the city can dispose of these lots, as
if obtained from another agency, disposition may be restricted.
The loop Community Services Committee Chairman Grant reported meeting on down-
town circulation plan, commending Police Department for work in
handling problems created by news media and new lights, noting
9
61—t
Renton City Council Meeting
Minutes of 8/12/74 -. Page 4
OLD BUSINESS - Continued
The Loop request to Parks Director Coulon to make contact with King County
Parks Department to determine activities in South King County.
Grant noted Councilman Delaurenti pointed out this is not a Renton
problem as far as people who attend but because it is here. Grant
felt private organizations besides the Park Department could come
forward with plans for activities, that recreation programs for those
18 to 21 yrs. should be developed. Councilman Stredicke presented
bumper sticker to Public Works Director regarding Renton' s traffic
lights
Multi-Service MOVED BY GRANT, SECONDED BY SCHELLERT, THAT THE COMBINING OF A
Center per MULTI-SERVICE CENTER AGENCY WITH THE PROPOSED NEW FIRE STATION
Referendum 29 BE REFERRED TO THE FIRE STATION COMMITTEE TO CHECK INTO THE POSSI-
(Clymer Suggestion)BILITIES AND CONTACT REQUIREMENTS. CARRIED.
Planned Unit MOVED BY GRANT, SECONDED BY SCHELLERT, THE PLANNED UNIT DEVELOPMENT
Development ORDINANCE BE REFERRED TO THE LEGISLATION COMMITTEE. CARRIED.
Ordinance & MOVED BY CLYMER, SECONDED BY DELAURENTI , SLIDE AND FILM PRESENTA-
Presentation • TION ON PLANNED UNIT DEVELOPMENT ON SEPTEMBER 5, 1974. CARRIED.
Shell Oil Matter Councilman Grant asked Council direction on the Shell Oil appeal
for Special Permit denied by the Planning Commission and referred
to the Community Services Committee with Public Hearing scheduled
for August 26, 1974. Councilman Stredicke asked that committee
review process and reason for denial , that council committee be
informed. Councilmen in agreement that no recommendation be made
by committee, but background information assembled.
Transportation Transportation Committee Chairman Perry presented committee report
Committee Rpt. noted review of the Performance Criteria and Design Standards for
Metro Flyer Stops and Park and Ride Lots and has no objections to
Metro Flyer Stops the proposed performance criteria and encourages Metro to proceed
Park'& Ride Lots with the program. The report stated the committee reserves the
right to review some of the early installations and make comments
and suggestions if appropriate at that time. MOVED BY SCHELLERT,
SECONDED BY STREDICKE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED.
Metro Shelters Transportation Committee report noted review of environmental
assessment of the Metro passenger shelter program and is concerned
about the lack of landscaping and screening in the preliminary
draft, recommending that the City administration advise Metro of
this concern and also the lack of 'early programmed shelter facilities
for the Renton area. MOVED BY SCHELLERT, SECONDED BY STREDICKE
CONCUR IN THE REPORT AND REFER THE MATTER TO THE CITY OF RENTON'S
REPRESENTATIVE TO METRO. CARRIED.
Noise Pollution Transportation Committee report noted review of Mr. H.A. VanAusdal ' s
FAI 405 request regarding the problem of noise on FAI 405 in the Kennydale
area and recommended that the City Administration request the
State Highway Department to review the matter of noise pollution
on FAI 405 through the City and further request that sound barriers
be installed in residential areas especially where there are sub-
stantial grades and heavy noise pollution. MOVED BY STREDICKE,
SECONDED BY SCHELLERT, COUNCIL CONCUR IN RECOMMENDATION. CARRIED.
RR X' ing Councilman Stredicke asked that additional coverage be placed on
L. I. D. Bulletin railroad crossings. Councilman Stredicke discussed informational
material for local improvement districts which could be distributed
to involved and interested citizens. MOVED BY STREDICKE, SECONDED
BY CLYMER, QUESTION OF INFORMATIONAL BULLETIN FOR L.I .D. ' s BE
REFERRED TO THE DEPUTY PUBLIC WORKS DIRECTOR. CARRIED.
NEW BUSINESS
Council President Clymer discussed the need for study sessions by
Council Study the Council , Committee of the Whole meetings having been discontinued
Sessions per Open Meeting Act and with the addition of Special Council Meeting'
on first Thursday of the month, except January, July and November.
City Attorney Shellan advised no change in ordinance would be
necessary, only change in procedure for the Thursday night meet-
ing, the Council President to prepare the agenda and preside, no
THE CITY OF RENTON
z ammIRo MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
A jo AVERY GARRETT, MAYOR DELORES A. MEAD
Q- CITY CLERK
o �
�4TFD SEP'�`.° August 20, 1974
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
DELORES A MEAD, City Clerk of the City of Renton, being
first duly sworn on oath, deposes and says that she is a citizen of
the United States and a resident of the State of Washington, over the
age of 21 and not a party to nor interested in this matter.
That on the 16th and 19th day of August, 1974, at the hour of
5:00 P.M. your affiant duly mailed and placed in the United States
Post Office at Renton, King County, Washington, by First Class Mail ,
a true and correct NOTICE OF PUBLIC HEARING ON APPEAL OF PLANNING
COMMISSION DENIAL OF SPECIAL PERMIT TO CONSTRUCT A PETROLEUM MARKETING
(DISTRIBUTION) PLANT IN "H-i." ZONE 1/2 MILE WEST OF E. VALLEY HIGHWAY
VICINITY, LONGACRES RACE TRACK. Mailed to 110 parties as listed in
Environmental Impact Statement persons present at hearings also to
League of Women Voters.
adte. 0-Delores A. Mead, City Clerk
SUBSCRIBED AND SWORN TO before me this 20th day of August, 1974.
Notary Public in_ and for the
State of Washington, -residing
in Renton
•
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Renton City Council ,-
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Renton , .E3 dn. inc'ton 9:.• .
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1:o.,orable
I am writtii.` urging :/u?u to :rot o
reL, rdi, the one:.,1 Oil Cor.;pa..ya .I� ,.
1;;; ..says;, � :,� l ii.
_. _ reL 1 conee2ned
pL,C OL for pollutioL until the alost
few years as I have noticed our
environment filling np with needless ,
and damat inL , 'antlean air. ore have
view property and as I am typin _ this
letter I can look out onto the valley
and see nothing. Other days , after
a rain or snowfall I can see for miles.
Our environment is being ruined by
big business for the wealth of their
company id the elmi hty dollar is
speaking to them. I have done research
and have found the oil tanks, no
mdter what precautionary measures
that are taken are still not enough
to keep down pollution. Suggest
they build somewhere between here
and california where there are
not as many already evident pollution
problems. I onced lived in the Los
Angeles area and I know what pollution
can do to a city.
Very -LT-pay/yours, ;� �
7r s. Donna 'A e t c h `' tr
618 NW 3rd 5t "> C
Renton , ".'iashin`�ton 98055 c cF� -�,,`� ''� �"�
IP) CITY OF RENTON
NOTICE OF PUBLIC HEARING
BY
RENTON CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Renton City Council has'
fixed the 26th day of August , 19 . 711 , at
8: 00 P .M. in the Council Chambers of the Renton Municipal
Building, Renton , Washington as the time and place for a
public hearing to consider the following :
Appeal of Planning Commission denial of SPECIAL PERMIT TO
CONSTRUCT A PETROLEUM MARKETING (DISTRIBUTION) PLANT in
"H-1" Zone 12 mile West of E. VallePiTicinity, Longacres
Race Track.
( Shell Oil Company)
Any and all interested persons are invited to be present
to voice approval , disapproval or opinions on same.
CITY OF RENTON
ItIZI(4) 0-
Delores A. Mead , Ci y Clerk
DATE OF PUBLICATION
8/7/74
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'ate-` •^
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Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING ss.
•
Barbara C,;2tnpagna
being first duly sworn on
she - chief clerk
oath, deposes and says that is the of
THE RENTON RECORD-CHRONICLE, a tri-weekly newspaper. That
said newspaper is a legal newspaper and it is now and has been for °
more than six months prior to the date of publication referred to,
printed and published in the English language continually as a.tri-
weekly newspaper in Renton, King County, Washington, and it is now
and during all of said time was printed in an office maintained at the
aforesaid place of publication of said newspaper. That the' Renton
Record-Chronicle has been approved as a legal newspaper by order of
the Superior Court of the County in which it is published, to-wit, King
County,
, Special permit to"
Wkshington.That the annexed is a
construct petroleum marketing (distr) plant
as it was published in regular issues (and
not in supplement form of said newspaper)once each issue for a period
ono
of consecutive issues, commencing on the ;;
7 Aug-. VI ` �'� �RENT® 5
day of , 19 , and ending the ;pUBLIC ' IN
N::::::
'®00NG' :;
that . HE -. IL s..:_r:
day of , 19 both dates t REBY WGI ���
inclusive, and that such newspaper was regularly distributed to its fixed' City Coanei�<`haN
subscribers duringall of said period.That the full amount of the fee 1974, : day - .s.��.00,Rtyl.�n of •qu t,
C �' gust;
7.53
7 tiers the'G-
tv
- { ! • Pa o:14::
the ouncil
uildih ,g3Rento * :
char ed for the foregoing asn" g' Renton �uniei_,-
g g g publication is the sum of$ , whicht!me�ad ^*� mashing{on he1,h,71::::vd:ae97,7136,,arinc4.0'
.rocoPlace fora'+.-A"
has been paid in full at the rate of per folio of one hundred words al ts§ 'ae� he fo"'g U .: "folr the first insertion and per folio of one hundred words for each l'On aI of pjan g,�o.wing<'subsequent insertion. i MA N�TRUi q pETROLEM....... IRa�E '�H 1�Zn�lSTmIgUTION�Gcll ,Q / '!(ey.,r 'i�?'/z. iltJ. e ckf nity,. Lon"An ,.4.. 3a°res,�, ,<{ar�e�;mfo ier de'rs .,onpr4 --a-eremtoa'Voice
ons
sam val;
r �. '�', { 8 ♦s,, aa Orr Op lnl°nS
Subscribed and sworn to before me this day of L ,! ,t� eITy:Ur�REN
rv� f'•749e/oreS.,`'A ,M ad
E '19 f�l publrsF Cit -1Y ����- cord- i Y Cle-kR287 hr0n Renton Ret ,
CL/LLL_C.� ' 3- ug44 7,'7.l g7q`,°
Notary b is in and for the State of Washington,
re ding at Renton,King County.
LL
—'Passe4'by the Legislature, 1955, known as Senate Bill 281, effective
June 9th,1955.
—Western Uniort:Telegraph Co. rules for counting words and figures,
iadopted;by the newspapers of the State.
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I
CITY OF RENTON
NOTICE OF PUBLIC HEARING
• BY
RENTON CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Renton City Council has
fixed the 26th day of Aiig ist , 19 74 , at
8 : 00 P .M. in the Council Chambers of the Renton Municipal
Building, Renton , Washington as the time and place for a
public hearing to consider the following:
Appeal of Planning Commission denial of apECIAL PERMIT TO. CONSTRUCT
A PETROLEUM MARKETING (DIWRIBUTION) PLANT in "H 1" Zone i mile
• West of E. Valley, Vicinity, Longacres Race Track.
•
•
•
Any and all interested persons are invited to be present
to voice approval , disapproval or opinions on same.
CITY OF RENTON
•
O. 2 ",,,ee
Delores A. Mead , Cit Clerk
•
DATE OF PUBLICATION
• 8/7/74 "
CERTIFICATION
• STATE OF WASHINGTON)
ss .
COUNTY OF KING ii
I , L L , PJ f (t f7s hereby certify that
three (3) copies of the above notice were posted by me in
three conspicuous places on the property described and one
copy was posted at the City Mu icipal Building , Renton ,
q
Washington on date of /1a its1 2 , 19 71
�cJJ
Sign
- ATTEST :
Notary Public in and for the State
of Washington , residing at Renton.
August 5, 1974
Mr. A. Wesley Hodge, P.S. '
309 Norton Building
Seattle, Wa. 98104
Dear Mr. Hodge :
The Renton City Council at its regular meeting of August 1 , 1974
has set the date of August 26, 1974 at 8:00 P.M. in the Council
Chambers of the Renton Municipal Building, Renton, Washington
as the time and place for a public hearing to consider the
following:
Shell Oil Company appeal of Planning Commission denial of
Special Permit to construct a Petroleum Marketing (Distribution)
Plant in "H-1" Zone 32 mile West of E. Valley, Vicinity, Longacres
Race Track.
If you have any further questions, please do not hesitate to
contact this office.
Yours very truly ,
CITY OF RENTON
° Maxine E. Motor,
Deputy City Clerk
MM:jl
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. I
VSPiel fles' . afpeal. :
,on permit denia• . ,,.:, ...401.0."ii . .., )
. ,
. ,
—
,�� ,r,1, • :.�``'�+1 if' -fir',.,, q ,[:.,,. '.....• „
:Shell Oil•has•officially ap- At;ahis:po t,,;City cA nei
nton :,Planning,_ men:aren't.,saying what'they':
pealed',,a.,'I�e lani in ,commis t
` Commission decision denying.c th of.. the'p p ,,: :r�•:nruni.:, I
'•the company• permission to' sion'sdecisioo4 .' '" ;�,,, r 1•i;',-°z.ar,.r��_t T
"Ina sense,th'e council has ..;t 1',.°'n. . ,;.. ,
build:atank 'farm',.ht:,Qrillia ' -••';';,_ ' , ; x,' ;e
• Fl to stay'neutral," 'says Council'r•.... ..;1"''l: . .'�''
Flats. , -. t' bY:Ciuncilman Bill Grunt•
appeal `was. President`..•Earn 'Clymer:, ;'I'. . ,,..
filed:wit .ofC yhe erk ' woul 't',want.'to make' any.' "We'•ve':got to.'ireview..this,. .
, '' M :with City Clerk, Delores. ' e' reviewed,Gra t isays.,.`'I'd,••likee.".tu: see?
''' Mead Tuesday.. � %.•. `,,': comments until°I v.,'.:T•.,, u. what"'reasons;,'�kthe,;}: laming'
y... '� the,facts:":,••,•:•.; '..r'. .
l et means file city goundl':
� .� acted to',commission had- for,�arl• 8-1 i _
'will review'the planning.com-' ' The'matter, P ;vote�against-�Shell;�`'':, •that's.
mission's decision and Vote'to be' referred to.the Community). ote to tst 'h''=�`""' ..'.'s�
' Services`:Committee,'chaired tY, .ps .edi.:-. ,. ,�,,-.: .'• '-'
uphold; or overrule it. i. ,:: `• .,r "- `;• '+ -"1
,
• J
Renton City Council Meeting
Minutes - 8/1/74 - Page 2
CORRESPONDENCE AND CURRENT BUSINESS (Continued)
PUBLIC HEARING a marketing plant in H-1 zone one-half mile west of East Valley
Shell Oil Co. Highway, vicinity of Longacres Racetrack". MOVED BY STREDICKE,
Appeal Set for SECONDED BY DELAURENTI, THAT THE MATTER BE REFERRED TO THE COMMUNITY
August 26, 1974 SERVICES COMMITTEE AND THAT THE DATE OF AUGUST 26, 197416E SET FOR
THE PUBLIC HEARING. MOTION CARRIED.
Claim for Damages Claim for Damages for alleged damage to buried cable was read by
Pacific N.W. Bell the Clerk. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, THAT THIS
CLAIM BE REFERRED TO THE CITY ATTORNEY AND THE INSURANCE CARRIER.
MOTION CARRIED.
Final Costs for Warren.Gonnason, Public Works Director, presented the final costs
L. I.D. 281 - on L. I.D. 281 , N.W. 2nd, S. 132nd between Taylor and Stevens Ave-
N.W. 2nd St. nues N.W. and recommended approval of the Final Assessment costs.
Watermain Costs for inside City, $5,468.50, outside City, $6,931 .97, for
a total L. I.D. cost of $12,400.47. August 26, 1974 was recommended
PUBLIC HEARING for the Public Hearing date. MOVED BY SCHELLERT, SECONDED BY
August 26, 1974 DELAURENTI , SUBJECT BE REFERRED TO THE LEGISLATION COMMITTEE FOR
PROPER LEGISLATION AND THAT AUGUST 26, 1974 BE SET FOR THE PUBLIC
HEARING. MOTION CARRIED.
Proposed L. I.D. 289 A communication from the Public Works Department was read stating
Aloha Ranch that petitions had been received for the creation of a Sanitary
Additions - N.E. Sewer L.I .D. for Aloha Ranch Additions, N. E. 24th Street east
24th St.-Edmonds' of Edmonds Ave. N.E. Preliminary figures show 13 of 34 parcel
Avenue N.E. owners have signed, percentage based on parcels is 38%. MOVED BY
PERRY, SECONDED BY SCHELLERT, THAT THIS BE REFERRED TO THE LEGIS-
LATION COMMITTEE FOR PROPER RESOLUTION. Councilman Perry remarked
that he was a participant in this L.I.D. and asked the City Attorney
to confirm his right of participation in the action to be taken on
the matter. City Attorney Shellan responded that Councilman Perry
was one of the owners within the proposed district; that no prefer-
ence will be shown, costs to be assessed the same as all other
people in the L.I .D. and that there is no conflict of interests
and participation was therefore proper and allowed. MOTION CARRIED.
PROCLAMATIONS Proclamation of Mayor Garrett declared the days of August 5 through
August 10, 1974 as Disabled American Veterans Forget-Me-Not Days
Disabled American and urged all citizens to support this campaign . All funds con-
Veterans - Chapter tributed will be utilized for disabled veterans in this community.
No. 12 - For-Get- MOVED BY STREDICKE, SECONDED BY DELAURENTI , TO CONCUR IN THE MAYOR'S
Me-Not Days PROCLAMATION. MOTION CARRIED.
8/5 - 8/10/74
Letter of Mayor Garrett announced appointments to the Renton Fire
APPOINTMENTS Department of Mr. Kenneth F. Pillon and Mr. Bruce Gustafson, Jr.
to the position of Firefighter to fill existing vacancies. The
appointments will be effective August 16, 1974, subject to the
customary six-month probationary period. MOVED BY DELAURENTI,
SECONDED BY SCHELLERT, TO CONCUR IN THE APPOINTMENTS BY THE MAYOR.
MOTION CARRIED.
OLD BUSINESS Council President Clymer reported interview, for Legislative Aide, of
'the two men with the best qualifications and recommended hiring Mr.
. Legislative Robert Hughes. He remarked that both men had top qualifications, but
Assistant the other applicant was a resident of Seattle, and Mr. Hughes
Position was a local resident and had lived in Renton all of his life.
Mbved by Perry, Seconded by Stredicke, that the City Council
concur in the Council President's recommendation. After some
discussion as to whether the question of hiring the Legislative
Assistant be handled in this manner, it was MOVED BY DELAURENTI ,
SECONDED BY SCHELLERT, TO REFER THE MATTER TO THE FINANCE AND
PERSONNEL COMMITTEE. MOTION CARRIED.
Data Processing Council President Clymer noted visiting PACCAR, along with Council-
'Manager man Schellert, to investigate Data Processing Center where they
1.
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i -I
RENTON CITY COUNCIL
R'egular Meeting
August 1 , 1974 , Municipal Building
Thursday , 8: 00 P . M.. • Council Chambers
MINUTES
CALL TO ORDER Mayor Avery Garrett., presiding, led the Pledge of Allegiance and
called the meeting of the Renton-City Council to order.
ROLL CALL OF . EARL CLYMER, Council President; HENRY E. SCHELLERT, CHARLES J.
COUNCIL • DELAURENTI, GEORGE J. PERRY, RICHARD. M. . STREDICKE. Council
President Clymer announced that Councilman Bruce had out-of-town
relatives visiting and was unable to attend and that, Councilman
Grant would be late. MOVED BY CLYMER, SECONDED BY STREDICKE,
THAT THE ABSENT COUNCILMEN BE EXCUSED. MOTION CARRIED.
CITY OFFICIALS IN AVERY GARRETT, Mayor; DEL MEAD, City Clerk; G. M. SHELLAN, City
ATTENDANCE Attorney; WARREN,GONNASON, Public Works Director; DON STARK,
Administrative Assistant to Mayor; GENE COULON, Parks Director;
KENNETH WHITE, Personnel Director; and CAPTAIN JOHN BUFF, repre-
senting the Police Department.
MINUTE APPROVAL MOVED BY SCHELLERT, SECONDED BY STREDICKE, THAT THE MINUTES OF
7/22/74 ' JULY 22, 1974 BE APPROVED AS PREPARED AND MAILED. CARRIED.
CORRESPONDENCE AND A report was read from King County Prosecuting Attorney Christopher
CURRENT BUSINESS Bayley on the new amendments to the State Gambling laws which per-
• mits cities of 20,000 population or over to determine their own
Gambling taxing rates and what gambling activities shall be allowed. A
Activities copy of a model ordinance was also enclosed. MOVED BY CLYMER,
SECONDED BY SCHELLERT, THAT THE COMMUNICATION BE REFERRED TO THE
PUBLIC SAFETY COMMITTEE. MOTION CARRIED.
•
Renton Creative Letter from Renton Creative Arts President Lew Innocenti thanked
Arts Festival the Mayor and the Council for their efforts in behalf of the
Festival , which was a great success, and requested the Mayor and
Council to consider waiving the rental charges on the Carco Theatre,
starting with next year's Festival . MOVED BY CLYMER, SECONDED BY
PERRY, TO REFER THIS REQUEST TO THE PARK BOARD WITH A REQUEST TO
REPORT BACK. Councilman Stredicke remarked that the Park Board. estab-
lishes list of fees to be charged and also makes changes to fees-for tl
Theatre, but it has been 'the Council that waives the fees and not
the Park Board and that a Committee of the Council should meet with
the Park Board. MOVED BY DELAURENTI, SECONDED BY STREDICKE TO
AMEND THE MOTION AND ALSO REFER IT TO THE COMMUNITY SERVICES COMMITTEE.
Question was raised as to whether the public was charged a fee for
entrance to the Festival . Gene Coulon, Parks Director, said there
was no fee charged to the public, but a $10.00 fee was charged to
the invitational artists who had booths, and they'sold the articles
in their booths to the public and he understood that the Creative
Arts Commission received a 10% commission. Councilman Stredicke '
said that the Festival brought a lot of people into Renton, that
the City should encourage everything_ they can to bring people into
the City. MOTION TO AMEND CARRIED. MOTION AS AMENDED CARRIED.
L.I.D. 284 Report from Warren Gonnason, -Public Works Director, was read
Percentage of regarding the addition of Mr. Walt Wiechmann's protest letter
Protest on L.I.D. 284, which represented a 3.84% addition, the total protest
for L. I.D. 284 now standing at 36.69%, which does not require the
Council to change its action approving the -L. I.D. And adopting ordinam
Notice.of Appeal ' Notice of Appeal from Mr. A. Wesley Hodge, Attorney, Shell Oil
Shell Oil Co., Co. , on the July 24, 1974 Planning Commission denial of Shell 's
Special Permit Special Use Permit for a Distribution Plant was read. Letter also ,
No. SP-734-73 . requested Notice ofPublic Hearing date when set. . Question was raised
as to specifically what the hearing was to cover, the Clerk read-
' ing from the' file, indicated requested permit was "to construct
A. Wesley Hodge, PfS.
Law Offices I 309 Norton'4Building Seattle Washington 98104 1 206 624 5795
•
�c262128?g,)��
July 29, 1974 re ,
I
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City Council \ Rir`S ,4,T v
City of Renton `�` OFF/CF���o
Municipal Building •
` `E•t ZIA r
Renton, Washington 98055
NOTICE OF APPEAL
On behalf of Shell Oil Company we hereby appeal
the July 24, 1974 , Planning Commission denial of Shell' s
Special Use Permit for a Distribution Plant.
Please advise us when the hearing before the
City Council is set. Thank you.
Very truly yours,
((
A. Wesley Hodge
AWH:re
CC: Mayor Avery Garrett
Secretary Planning Commission
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bEGINNING
OF FILE
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511ELL OIL GOM f pN `/ TO CONST IZUCT
A pET�� tLEU m mnRKErlNG PLANT IN H- I ZONE
•
Renton Planning Commission
Meeting Septmber 26 , 1973
Minutes - Page 2
ACTION :
MOVED BY HUMpLE , SECONDED BY SEYMOUR , THAT THE MINUTES OF THE SEP-
TEMBER 12 MEETING BE APPROVED AS CORRECTED . MOTION CARRIED UNANI -
MOUSLY .
3, CONTINUED PUBLIC HEARING ITEMS :
\e SPECIAL PERMIT:
A. SHELL OIL CO . ; Appl . No . SP-734 -73 ; special permit to
construct a petroleum marketing plant in H-1 zone ; prop- '
erty located approx . 1/2 mile west of East Valley Highway ,
midway between Olympic Pipeline-Mobil Oil site and Long-
acre' Race Track .
The Chairman reminded the Commission that this was a contin-
ued item and called upon the Planning Director to brief the
Commission on the application .
The application is for a petroleum tank farm , located in
the Valley area . The site totals 25 acres , but the area
under consideration is only. half , or approximately 12= acres .
The Director reviewed activity that had occurred since the
last Planning Commission meeting . Communications have been
received from the City of Mercer Island Planning Commission
and the City of Mercer Island Planning Department request-
ing an opportunity to study the Environmental Impact State-
ment. Mr. Ericksen also read a letter from Mrs . Jane -E .
Shafer , President , League of Women Voters of King County
South , commenting on the proposed development .
Mr. Ericksen advised the Commission that the Shell Environ-
mental Impact Statement had been received on September 24 .
A distribution of the impact statement is being made , and
copies will be available from the Planning Department upon
( reques t .
Slides and maps of the site were shown , and the proposed
operation was described . The location is adjacent to the
P- 1 channel , directly southeast of Longacres and west of
the present Mobil installation . Approximately 10 storage
tanks are planned , the largest being 40+ feet in ' height .
(Approximately 20 additional tanks of similar size may
eventually be added to the development . ) There will be a
two-lane access road to the site , and the operation will
have the capacity to fill and load one truck every 10 to
12 minutes .
The area has been filled , and the adjacent area is pre-
sently a pond and marsh land . It is proposed for future
industrial development on the Comprehensive Land Use Plan .
Chairman Teegarden called for questions by Commission mem-
bers .
Commissioner Lemon requested a briefing concerning the P- 1
' channel . Mr. Ericksen described the P-1 channel , its loca-
tion and function .
Chairman Teegarden asked for presentation from the appli -
, cant.
J
c 1 C
•
Renton Plan ing Commission
Meeting September 26 , 1973
Minutes - P ge 3
Mr. Wesley Hodge , Shell Oil Company attorney , introduced
the Shell representatives in attendance . He described_
the operation as a "petroleum products marketing plant , "
basically a fuel storage facility . There are no plans
for manufacturing or refining . Mobil is also a storage
facility . The property was originally acquired in 1969 .
as - 1 from Olympic Pipeline property . While the Shell
sit- comprises 25 total acres , there are no present ex-
pan ion plans from the proposed 121Z acre development
bas d on present market conditions .
Mr . Hodge noted that the reasons for the relocation are
as toilow. : moving a portion cf its Harbor Island plant ;
con enience in being located next to the Olympic Pipeline ,
the source of supply ; and a more central location for mar-
keting their product .
The tanks will be a color that will. blend with the hori -
zon and will be 40 feet in height , rather than 60 feet ,
due to a 9rade level starting at 20 feet . Diesel oil
and various brands of gasoline will be stored .
They will have specially designed trucks which will alle-
viate obnoxious odors , emissions , and spillage . The area
will be completely diked ; utilities will be underground .
Pla s • include fencing , landscaping and a fire lane . Dust
con rol will be written in the specifications -for the con-
tra tor ; no dust is anticipated from the products . The
p 1 ar t has been. registered with the Puget Sound Air Pol -
lution
� Agency . Fire protection system has been designed
with the Renton Fire Department ' s ,recommendations . Light-
ing of the area will be directed toward the interior of
the property . The area will be en.closed by a seven foot
cyc one fence with barbed wire on top , located on the
pro erty line , for safety and security reasons .
The Chairman called for questions of the Shell representa-
tiv s from the Commission .
Mr. Eo R . Burgen , Shell representative from Houston , re-
spo ded to questions requ ring an engineering viewpoint .
r!,:, n r .,.; Teegarden called for questions from the audi -
o
Mary Matson , 7273 South 128th , Seattle , Washington , asked
if his is the best use , and is this the best place for
the e tanks?
Ann Mack , 9428 S . E . 54th , Mercer Island , Washington , mem-
ber of the Seattle Audubon Society , opposed the project
bec . use of the accelerated development and encroachment
on open space .
Cha rman Teegarden inquired about alternate sites . Mr . '
Hodge advised that five sites were considered : continu-
ation at Seattle ( Property is desired by Port of Seattle . ) ;
upgrading of the Tacoma site ; relocation to Olympia ; con-
nection with Olympic ; and relocation to Renton . Because
of the reasons stated earlier , Renton was selected .
Jim Himmelright , 7003 South 131st , Renton , voiced
• his objections to the proposed development . His property
overlooks the Mobil site .
' -
Renton Planning Commission
Meeting September 26 , 1973
Minutes - Page 4
i Mr. David Caster , Route 2 , Box 5404 , Issaquah , Washington ,
a Woodland Park Zoo employee advised that the area is a major
wintering and nesting ground for many species of birds .
Chairman Teegarden noted that the Comprehensive Land Plan has
indicated heavy industry in that area for approximately ten
years . At the time the designation was made , the people of
Renton ished to attract industry. It seemed logical then
because it was served and owned by the railroad . Today both
the government and the public are concerned about environ-
mental impact .
In response to questions from Commissioner Scholes regarding
the source of supply and possible expansion of the facility ,
James Clarkson , Shell Harbor Island Plant Manager , advised
that' presently all gasoline products and light oil are re-
ceived from the Anacortes refinery . It was estimated that
there would be an average of 160 trucks per day during two
ten-hour work shifts , and storage is proposed for 600 ,000
barrels . •
Seymour commented on the possibility of one proposal lead-
ing to another and inquired if further similar interests had
been indicated . Mr. Ericksen responded that there have been
inquiries from three major oil companies . Seymour reported
that she understood that Mobil Oil ' s application had origi -
nally been denied by King County and requested that the staff
check with King County regarding their operation .
Commissioner Mola questioned Shell again as to what extent
alternat sites had been studied .
Mr. Will am Grant , 1040 Redmond Avenue , N . E . , Renton , speak-
ing as a� " concerned citizen , " recommended that the Compre-
hensive Land Use Plan be changed to utilize green belt areas
in the Green River Valley and suggested that the views 'of
the Puget Sound Governmental Conference as to proper location
of oil storage tanks be requested .
Karen Chandler , 15325 S . E . 52nd , Renton , asked if it would
be feasible to turn the problem over to the Puget Sound En-
vironmentlal Policy Committee of the Puget Sound Governmental
Conferende .
The Planning Director advised that he had talked to the Puget
Sound Governmental Conference Environmental Planning Director
today , who acknowledged receipt of the impact statement and
anticipates submitting input .
ACTION :
MOVED BY SEYMOUR , SECONDED BY SCHOLES , THAT THE SHELL APPLI-
CATION HEARING BE CONTINUED TO THE NOVEMBER 28TH PUBLIC HEAR-
ING. MOTION CARRIED UNANIMOUSLY .
Scholes moved that a five-minute recess be called , seconded by Sey-
mdurc Meetin was recessed at 9 : 50 p . m. and called to order again
at 10 : 00 p . m. � It was noted by Commissioner Wik that all Commis-
sioners were present.
Chairman Teegarden noted that it was obvious that the Commission
would be unable to complete its agenda and , therefore , called for
a motion postponing all new public hearing items .
J
Renton City Council Meeting Minutes
September 24, 1973 Page 4
OLD BUSINESS - Continued
Following discussion on Council meetings scheduled during the month of
October, a motion failed which was made by Stredicke, seconded by
Djelaurenti, to schedule special meeting for City Council on Tuesday 10/9.
Mayor Garrett noted Staff had been notified no meetings planned and
that special meetings could be called in the event of special business.
Council President pro tem Delaurenti scheduled Committee of the Whole
Water Rates - meeting for Tuesday October 9, 7:30 p.m. At Stredicke's inquiry,
Industrial Users Public Works Director Gonnason reported City's present water charges..
L.I.D. 279 MOVED BY BRUCE, SECONDED BY PERRY, TO REMOVE THE SUBJECT OF L.I.D. 279
Talbot Road Area FROM TABLE. CARRIED. Public Works Committee Chairman reported the
Sanitary Sewers majority of Councilmen attended the September 22, field trip to the
Talbot Hill area viewing Lobe property and reaffirmed recommendation
Contract Awarded to award contract for sewer construction to low bidder, Threeway
Threeway Construction, Inc. on L.I.D. 279. Public Works Director Gonnason
Construction, reported discussion of possibilities for sewers on property to the
Inc. west of Talbot Rd. , recommending award of contract to low bidder and
construction commenced with estimate provided to owners of property
below Talbot Rd. determining best and most economical method of
p-oviding sewer connections for that property. Following discussion ,
pending motion from 9/17/73 Meeting was placed before the Council,
(MOVED BY PERRY, SECONDED BY BRUCE, COUNCIL CONCUR IN COMMITTEE REPORT
TO AWARD CONTRACT TO LOW BIDDER, THREEWAY CONSTRUCTION, INC. IN THE
A*OUNT OF $49,643.16, AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE
CONTRACT.) Roll Call Vote resulted in 3 NO: GRANT, STREDICKE AND
DELAURENTI, 3 AYE: BRUCE, PERRY AND SCHELLERT. Tie Vote Broken
b Mayor Garrett casting affirmative vote. MOTION CARRIED, contract
awarded. Councilman Delaurenti asked to see bid estimates for deep-
eriing sewer line to provide sewer service to property west of Talbot Rd.
Mr. Mark McCorkel At Mayor Garrett's request, a moment of silence was observed in honor
of Mr. Mark E. McCorkel, Aviation Board Member, now deceased.
Request for MOVED BY SCHELLERT, SECONDED BY DELAURENTI, THAT THE MATTER OF
Budget COUNCIL ATTENDANCE AT NATIONAL CONFERENCES BE REFERRED TO THE
Information COMMITTEE OF THE WHOLE. CARRIED.
AUDIENCE At inquiry of Mrs. Barbara Lally, Planning Director Erickson noted
COMMENT Slilell Oil Co. would present their case and environmental impact state-
ment at the Planning Commission Meeting Wednesday evening.
ADJOURNMENT MOVED BY STREDICKE, SECONDED BY GRANT, COUNCIL ADJOURN. CARRIED.
Meeting adjourned at 11:40 p.m.
Delores A. Mead, City Clerk
f �
r--; , �`
Renton City Council Meeting Minutes
September 24, 1973 Page 3
CORRESPONDENCE AND CURRENT BUSINESS - Continued
Mr. Robert Butts Letter from Mr. Robert Butts requested a five-year time extension
9061 New Castle Rd to Late Comers Agreement 1364-68 with the City on the waterline
LCAG 1364-68 installation into New Castle Terrace at S.E. 100th Pl. MOVED BY
SCHELLERT, SECONDED BY PERRY, THIS REQUEST BE REFERRED TO THE PUBLIC
WORKS COMMITTEE FOR RECOMMENDATION. CARRIED.
Board of Public Letter from Board of Public Works Chairman Bennett re Council referral
Works Concurs ' of 9/17/73 on the proposed annexation of City watershed land to the
Cascade Sewer Cascade Sewer District, Annexation Petition P-235, reported meeting
District Petition with Right-of-Way Agent for the sewer district and determination by
No. P-235 the Board that the annexation would not adversely affect the City
but give increased protection for the watershed, therefore giving
concurrence to the Cascade Sewer District Petition, MOVED BY
STREDICKE, SECONDED BY PERRY, THIS COMMUNICATION BE REFERRED TO THE
PUBLIC WORKS COMMITTEE. CARRIED.
Claim for Damages Claim for Damages was presented to the Council by City Clerk Mead,
Pacific N.W. Bell filed by Pacific Northwest Bell for buried cable severed by backhoe
on July 23, in the estimated sum of $100.00. City Clerk reported
sending proper claim form to claimant. MOVED BY SCHELLERT, SECONDED
BY PERRY, CLAIM BE REFERRED TO CITY ATTORNEY AND INSURANCE CARRIER. CARRIEL
U.A.B. Office Letter from Purchasing Agent Church reported the City's Urban Arterial
Equipment Street Construction Program in final phase, that the majoritu of the
No Longer Needed office equipment no longer needed and in order to meet U.A.B. require-
ments, requested the equipment be declared surplus and sold to highest
bidder with funds to reimburse the Urban Arterial Trust and Forward
Thrust Funds. MOVED BY SCHELLERT, SECONDED BY DELAURENTI,COUNCIL
CONCUR IN PURCHASING AGENT'S REQUEST AND REFER TO LEGISLATION COMMITTEE
FOR NECESSARY RESOLUTION. CARRIED. Upon inquiry from Councilman
Stredicke, Public Works Director Gonnason reported lease on UAB warehouse
in North Renton would expire September 30, 1973, and that stored equip-
ment being moved.
Maple Valley Hwy Letter from Ms. Beth J. Campbell (see previous Audience Comment) called
Construction Council 's attention to the September 23, Citizens' demonstration in
Demonstration regard to the Maple Valley highway construction. Renton Police Capt.
for Safe Walkway Bourasa commended demonstrators for orderly manner.
PROCLAMATION Proclamation of the Mayor was read for Fire Prevention Week, October 7,
Fire Prevention through 13, 1973. MOVED BY DELAURENTI, SECONDED BY SCHELLERT, COUNCIL
Week 10/7-13 CONCUR IN PROCLAMATION OF MAYOR. CARRIED.
f Public Hearings City Clerk Mead called attention to scheduled Public Hearing October 1,
I
10/1/73 Re 1974 to consider the proposed 1974 Budget as it pertains to the millage
Millage Levy levy for 1974, noting any taxpayer of the City may appear and be
12/3/73 Re 1974 heard concerning the proposed levy, also noting Public Hearing
Final Budget scheduled December 3, 1973 for the purpose of fixing the Final Budget
r- for 1974.
'OLD BUSINESS Committee of the Whole Report submitted by Council President pro tem
Committee of Whole Delaurenti recommended concurrence with the Mayor's proposal regarding
Report - Hiring participation in the New Careers Program. MOVED BY SCHELLERT, SECOND
Underemployed -- BY DELAURENTI, COUNCIL CONCUR IN RECOMMENDATION OF THE COMMITTEE OF
New Careers THE WHOLE AND AUTHORIZE NEW CAREERS PROGRAM. CARRIED.
Senior Citizens Committee of the Whole report recommended referral to the Community
Facility Services Committee and the Administration to research the possibility
of acquiring matching funds for a senior citizens facility and that
the matter be reported back to the Council. MOVED BY SCHELLERT,
SECONDED BY BRUCE, COUNCIL CONCUR IN COMMITTEE RECOMMENDATION. CARRIED,
October Holidays Committee of the Whole report recommended that the Council meet on
8th and 22nd Tuesday evenings following the two Monday holidays in October. MOVED
BY SCHELLERT, SECONDED BY STREDICKE, COUNCIL CONCUR IN RECOMMENDATION.
City Attorney Shellan advised need to amend ordinance or publish agenda.
Councilman Grant withdrew motion to refer matter to Legislation Committee.
MOVED BY GRANT, SECONDED BY BRUCE, THE MATTER BE TABLED. ROLL CALL
VOTE RESULTED IN 2 NO: STREDICKE AND SCHELLERT, 4 AYE: GRANT, BRUCE,
PERRY AND DELAURENTI. MOTION CARRIED.
N �•`+� by ✓ Co.
./ c
V
1. THE CITY OF RE' NTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
0 111111R" 8 .
o
.
134v. AVERY GARRETT, MAYOR DELORES A. MEAD
O4, C., CITY CLERK
47-
4D SE13'0-05 $eptember 28, 1973
. League of Women Voters .of King County South
. 634 S.W. 149th #3
Seattle , Washington 98166
Attentions Mrs. Jane E. Shafer - President
Re: Shell Oil Storage Tanks
Dear League Members:
Your letter regarding the above-captioned subject is
still in Planning Commission hearings. A copy of your
letter has been given to all Councilmen; Mr. Gordon Y.
Ericksen, Planning Director; and the Planning Commission;, .. ,
^ to apprise them of the League ' s opinions.
Any subsequent correspondence should be directed to the
Planning Director for presentation to the Planning
Commission which body will be holding subsequent hearings
on the matter, and if you desire further information,. _
please feel free to call the Planning Director, at 235-2550.
Noe
. Very truly yours,
CITY OP RENTON
Delores A. Mead
City Clerk
DAM-:j t .
cc: Councilmen •
-' Jack Lynch '
Planning Director
Planning Commission
.. y
June 23 , 1979
Mr. William Grant
Chairman, Community Services Committee
City Hall
Renton, Washington 980S5
Re: Oil Storage Tanks
Dear Bill:
This is to confirm your discussion with Jack Pain of our office
on June 20, 1973 regarding the general subject matter of oil
storage tanks.
Reference is hereby made to Section 4-713 (H-1 Heavy Industry
District) of our Zoning Code which under sub-section b prohibits
certain uses including "petroleum refining, or storage or menu-
facturerof any of its by-products" , provided however that such
prohibition only applies if such activity involves "obnoxious
odors, noise , smoke, dust and air po]biting substances ---" .
Therefore if any of said conditions do exist, the City would be
justified in disallowing any such activity whatever.
On the other hand, if the storage of petroleum products does not
involve any of the offensive conditions, then the City could permit
such installation provided that proper safeguards are available.
The property, of course, has to be zoned "H-1" to allow this type
of use in the first place since the manufacturing park district
only permits a light industry use and those machinery and products
manufacturing uses as specified in 4-713a of our ordinance.
You might also want to consider the advisability of amending Section
4-713b by attaching additional conditions to permit such use, which
might include the safety factors, limitation of number of storage
tanks in a prescribed area, larger setbacks and screenings because
of the size of tanks, the effect, if any, on neighboring properties
and like conditions. This, of course, should be areomp1iihed
to the time that any application is made by an interested deve oI per.
•
If you wish us to brief this matter further as to what the City
can do, please let me know and we shall be glad to do so. We
have, however, briefly looked at the general subject matter in
MaQuillin on "Municipal Corporations" and the cases cited therein
seem to conclude that the City does have considerable regulatory
power when it comes to the storage of petroleum products.
We remain
Very truly yours,
Gerard M. Shellan
GMS:bjm
r
bc: Mayor, Council Pres , Gordon Ericksen , -� ,�
1. � -
v
l
• GUE OF WOMEN VOTERS OF KING COUNTY SOUTH. .° / ;.. 7�
S.W. 149th.83 • SEATTLE, WASHINGTON98166 • '246-8691 �' ,'-1Z'2930,jj� ��`�
September 21, 1973 �., . . LP
�`�' Sty O3
Renton City Council4�
Municipal Building % �; �0
200 its 1T Ave. So. / tivi ,. GE
'8enton Wn. 98055
�,; `'CLERK 5 lE ,�.
Dear Sirs;
This letter is being' submitted to. the Renton City Council and
Renton Planning Commission regarding -the Shell Oil..Company
- request for permission to build oil storage tanks on. their
• property on the Orilla Flats. '
The League of Women:�Voters has been aware of the need for
comprehensive planning in the area of land use for more than a
decade. We have studied local, regional and. state- land use
planning since 1961 and through these studies have reached
positions on this subject. , . . . V .
In. general, we support policies and pr.ocedures 'which promote
cooperative., long range planning for comprehensive land use
management,.
The-- Orilla Flats has unique characteristics making' it desirable
for industrial development and simultaneously an area suited
to use as a-green belt or open space. At times ecological and
aesthetic considerations seem at variance with practical
economics and' immediate 'human'-needs. Ifpopulation trends continue,
energy. needs with attendant bulk storage facilities, pipelines,
etc. will increase' :,.and pressure to . develop open spaces; green
belts will also increase. We pose the question, .Can this con-
fliet be adequately .resolved without analysis of how best to
meet' the results of energy demands on a regional basis? All
factors must �be considered, weighed and balanced with the long
range view in mind. We believe effective land use '�planning should
have ' cogrdinatioii'and inter-communication between government
levels, -thus hopefully preventing patchwork or -piecemeal decisions.
Finally, because we support citizen participation at all levels
we ask the related: question.."Will the environmental statement
get. enough publicity. so the citizens are aware of the 'ramifica- -
tions of, any 'decision made on 'the aforementioned matter`2 ' � . '
Sincerely, • ' ' ' • . . . . .
Mrs.. Jane E. :Shafer. ' - .' . ,.. ' ' .. .
President , '
League of Women 'Voters of King County South - ,
A non-partisan organization whose purpose is to promote political responsibility through jnformed
and active participation of citizens in government
CLTY OF RENTON •:
"OFFICE OF CITY Ci,z.rEK
Date
From: Del Mead, City Clerk
To : Mayor Avery Garrett
Councilman Bruce
Councilman Clymer
Councilman Delaurenti
Councilman Grant
Councilman Perry 5_�p
Councilman Schellert
Councilman Stredicke
Airport
Building Department.
City Attorney
Finance
Fire
Library
Personnel
Planning
Police
Public Works
Purchasing
Street
Traffic Engineering
Utilities
Other
Re:
For appropriate action
For your information
Remarks :
8/73 FILE COPY
6404egOrr4:0 %154LeArti .. C.:PirSi- C°12°I.‘1645,C*".4'4421:1 CI'S*"
Renton City Council Meeting Minutes
October 1, 1973 Page 4
ORDINANCES AND RESOLUTIONS - Continued
Resolution 1878 1973 for the proposed vacation of that portion of Whitman Court N.E.
Continued as previously stated and that the City Council hold Special Meeting
on October 23, 1973 for purpose of the meeting. MOVED BY STREDICKE,
SECONDED BY GRANT, COUNCIL CONCUR IN FIRST PART OF TRANSPORTATION
Vacation of COMMITTEE REPORT SETTING PUBLIC HEARING ON VACATION OF WHITMAN COURT
Whitman Ct. N.E. N'.E. ON OCTOBER 23, 1973. CARRIED. MOVED BY CLYMER, SECONDED BY
Public Hearing STREDICKE, COUNCIL CONCUR IN COMMITTEE REPORTS. CARRIED. Following
October 23, 1973 reading of the resolution, it was MOVED BY DELAURENTI, SECONDED BY
GRANT, RESOLUTION BE ADOPTED AS READ. CARRIED.
CORRESPONDENCE AND
CURRENT BUSINESS Letter from Monterey Terrace Community Club requested that the City
provide ingress/egress to 3rd Ave. N.E. at the intersection of
Monterey Terrace Monterey Drive N.E. and Bronson Way N.E. , calling attention to the
Community Club increased use of 3rd Ave. N.E. to the East. Cover letter from Public
Requests Works Director Gonnason suggested this matter be referred to the
Traffic Revision Transportation Committee, reporting that the Public Works Department
was proceeding with a study of the situation and would prepare a
report for the Transportation Committee. MOVED BY GRANT, SECONDED
BY DELAURENTI, THESE COMMUNICATIONS BE REFERRED TO THE TRANSPORTATION
COMMITTEE. President of the Monterey Terrace Community Club and
writer of the letter, Mr. Warren Parkhurst, was present and explained
situation_ Also present and verifying need for attention to the
ingress/egress problem especially between 7:30 to 8:30 a.m. and
4:30 to 5:30 p.m. were: Renton Police Judge Paul Houser, Mr. Harry
Blencoe, Fire Chief Walls and Mr. R. Peretti. MOTION CARRIED.
Claim for Damages Claim for Damages filed by Mrs. Jeanne Crossett, 2633 Lake Youngs
Mrs. J. Crossett Court S.E. , presented by City Clerk Mead, claimed auto damage from
unprotected guy wire during downtown construction. MOVED BY .
SCHELLERT, SECONDED BY GRANT, CLAIM BE REFERRED TO THE CITY ATTORNEY
AND INSURANCE CARRIER. CARRIED.
League of Women Letter from League of Women Voters of King County South President, •
Voters re Mrs. Jane E. Shafer, noted letter also sent to Renton Planning Com-
Orillia Flats mission, regarding Shell Oil Co. request for permission to build
. Planning oil storage tanks on their property on the Orillia Flats, and
asked regarding development of the area as to industrial development
and open space as regards energy demands,and publicity on environ-
mental statement making citizens aware of ramifications of any
decision made. MOVED BY GRANT, SECONDED BY PERRY, THIS COMMUNICATION '
BE REFERRED TO THE COMMUNITY SERVICES COMMITTEE. CARRIED.
PROCLAMATIONS
International A Proclamation of Mayor Garrett was read, proclaiming the month of
Toastmistress October, 1973, as International Toastmistress Month. MOVED BY GRANT,
Month - October SECONDED BY SCHELLERT, COUNCIL CONCUR IN PROCLAMATION OF THE MAYOR.
CARRIED.
Doctor Pat Smith A Proclamation of Mayor Garrett was read, proclaiming October 18,
Day - 10/18/73 1973 as Doctor Pat Smith Day for dedication to helping Montagnards
of South Vietnam. MOVED BY GRANT, SECONDED BY DELAURENTI, COUNCIL
CONCUR IN PROCLAMATION OF THE MAYOR. CARRIED.
OLD BUSINESS
Transportation Transportation Committee Chairman Perry presented committee report
Committee Rpt. recommending that the Building Department hold the issuing of any
building permits for any development on this entire street until
Re Whitman Crt NE public hearing has been held. MOVED BY GRANT, SECONDED BY DELAURENTI,
Proposed Street COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. Transportation Com-
Vacation mittee report also recommended that the appropriate department post
the 'ea for the public hearing and notify concerned property owners.
MOVED BY STREDICKE, SECONDED BY GRANT, COUNCIL CONCUR IN REPORT.
CARRIED.
Meeting with Transportation Committee report informed Council of the meeting
State Highway Rep. with Mr. Don Hoffman, Traffic Engineer for District 7 of the Dept.
Re Sunset Blvd NE of Highways, discussing medial curbing on Sunset Blvd. N.E. between •
N.E. 10th St. and Harrington Ave. N.E. Mr. Hoffman agreed to
further study situation, if decidelnot to remove curbing, will again
meet with committee for further review. MOVED BY STREDICKE, SECONDED
GRANT, CONCERNED PROPERTY OWNER BE NOTIFIED OF THE COMMITTEE'S ACTION.
CARRIED.
Renton City Council Meeting Minutes
October 1, 1973 Page 3
Community Service dealership real estate office of Ford who explained critical time
Committee Report schedule for closing all transactions regarding property located at
Continued Rainier Ave. S. and Grady Way. MOVED BY STREDICKE, SECONDED BY
DELAURENTI, AMEND MOTION AUTHORIZING MAYOR AND CLERK TO SIGN AGREE-
MENT UPON APPROVAL OF SAME BY CITY ATTORNEY. AMENDMENT CARRIED.
MOTION AS AMENDED CARRIED.
VOUCHERS FOR Finance and Personnel Committee Chairman Schellert presented committee
APPROVAL recommendation for payment Vouchers No. 8453 through 8605(with the
#8453 - 8605 exception of Voucher No. 8490)having received departmental certifica-
tion that merchandise and/or services have been received or rendered.
Vouchers totaled $113,444.62. MOVED BY SCHELLERT, SECONDED BY
DELAURENTI, COUNCIL AUTHORIZE PAYMENT OF VOUCHERS. CARRIED.
ORDINANCES AND
RESOLUTIONS Legislation Committee Chairman Perry submitted committee report
recommending second and final readings for an ordinance relating to
Ordinance 2804 funeral and other processions, requiring illuminated headlights for
Funeral all vehicles in funeral procession and for unescorted processions,
Processions requiring all vehicles to comply with all traffic control. MOVED
First Reading BY SCHELLERT, SECONDED BY DELAURENTI, COUNCIL CONCUR IN COMMITTEE
9/24/73 REPORT. CARRIED. Following reading of the ordinance by City Clerk
Mead, it was MOVED BY SCHELLERT, SECONDED BY DELAURENTI, ORDINANCE
BE ADOPTED AS READ. Roll Call vote resulted in unanimous Council
approval. MOTION CARRIED, ordinance adopted.
First Reading Legislation Committee report recommended first reading for an
MP-L and MP-H ordinance creating Manufacturing Park District Light and Heavy with
to Zoning Code setbacks and landscaping requirements, Public Hearing having been
Ordinance held September 24, 1973. MOVED BY SCHELLERT, SECONDED BY DELAURENTI,
COUNCIL CONCUR IN COMMITTEE REPORT AND PLACE ORDINANCE ON FIRST READ-
ING. CARRIED. Following reading of the ordinance, it was MOVED
BY SCHELLERT, SECONDED BY DELAURENTI, ORDINANCE BE REFERRED BACK
TO THE LEGISLATION COMMITTEE. MOVED BY PERRY, SECONDED BY GRANT,
TO AMEND MOTION TO INCLUDE REFERRAL TO THE COMMUNITY SERVICES COM-
MITTEE. Upon inquiry by Councilman Stredicke, Councilman Perry
reported meeting with Planning Department, City Attorney and Community
Services Committee at which time joint referral was suggested in
order to answer any remaining questions. AMENDMENT CARRIED. MOTION
AS AMENDED CARRIED.
First Reading Legislation Committee report recommended first reading with referral
Renton Planned back to Legislation Committee and Community Services Committee for
Unit Development an ordinance escablishing and creating a "Planned Unit Development
Ordinance Ordinance:' MOVED BY SCHELLERT, SECONDED BY DELAURENTI, COUNCIL CON-
CUR IN RECOMMENDATION OF COMMITTEE AND ORDINANCE BE PLACED ON FIRST
READING. CARRIED. Following reading of ordinance regulating the
uses permitted, design, standards, proce' reG and prescribing penal-
ties for the violation of the proposed PUD ordinance,it was MOVED BY
DELAURENTI, SECONDED BY STREDICKE, ORDINANCE BE REFERRED BACK. TO
LEGISLATION COMMITTEE AND COMMUNITY SERVICES COMMITTEE. CARRIED.
Resolution 1877 Legislation Committee report recommended reading and adoption of
U.A.B. Office a resolution declaring surplus,office equipment no longer needed
Equipment which had been used in connection with the City's Urban Arterial
Declared Surplus Street Construction Program. MOVED BY SCHELLERT, SECONDED BY PERRY,
CONCUR IN COMMITTEE REPORT AND RESOLUTION BE PRESENTED TO COUNCIL.
Following reading, it was MOVED BY DELAURENTI, SECONDED BY SCHELLERT,
RESOLUTION BE ADOPTED AS READ. CARRIED.
•
Resolution 1878 Legislation Committee report recommended reading and adoption of a
Vacation of resolution declaring the City's intent to vacate all that portion of
Whitman Ct. N.E. Whitman Court N.E. within Honey Dew Estates No. 1 lying between the
North line of said sub-division and the North margin of N.E. llth
St. , setting date of Public Hearing as October 23, 1973at -8:00 p.m.
Transportation Transportation Committee Chairman Perry also presented Transportation
Committee Rpt. .Committee report as a result of September 25, Transportation Commit-
tee meeting and recommended that a public hearing be held October 23,
\____ ,,_.-.:„. ,
RENTON CITY COUNCIL
Regutan Meeting
Decembers 10, 1973 Mun.Lc-.pa.t Buitd:Lng
Monday 8 : 00 P.M. Cauncit Chambe/4
MINUTES
FLAG SALUTE AND Mayan Avery Gannett, pies.Ld.Lng, .led the P.tedge o,6 M .eg-ianee and
CALL TO ORDER carted the Meeting o(1 the Renton City Council to OAden.
ROLL CALL EARL CLYMER, Council Pnesident, HENRY E. SCHELLERT, CHARLES
OF COUNCIL DELAURENTI, GEORGE J. PERRY, RICHARD M. STREDICKE, KENNETH D. BRUCE
AND WILLIAM J. GRANT.
CITY OFFICIALS AVERY GARRETT, Mayon; DEL MEAD, City C. .enk; GWEN MARSHALL, Finance .
IN ATTENDANCE Ditecto'L; G. M. SHELLAN, City A to/ney; JACK LYNCH, Adm.Ln,tstkatLve
Ads,istant: WARREN GONNASON, Pub1.Lc Wanks Dinecton; GORDON ERICKSEN,
Harming Ditec to/; KENNETH WHITE, PeAsonnee D.Ucec tan; HUGH DARBY,
Police Chieb; RICHARD GEISLER, Asst. Fike Ch.Lei ; VIC TeGANTVOORT,
Stteet Supt.; WES CREWS, Acting Building Ditee.toi; VERN CHURCH,
Pwceha--,ng Agent.
MINUTES FOR MOVED BY CLYMER, SECONDED BY PERRY, COUNCIL MINUTES OF DECEMBER 3,
APPROVAL 1973, BE APPROVED AS PREPARED AND MAILED. CARRIED.
INTRODUCTIONS Fonmet City Councteman Bruce Huse was introduced by Mayon Gannett.
VOUCHERS FOR APPROVAL Finance and Pensonnet Committee ChaLAman Sehe.tte'zt pnezented
9:855 - 9999 and committee cammenda c on (on naume.nt of Vouches Not. 009 th)wugh
0'001 - 0008 Machine 0110 in the amount oU $98, 715.30 (Vauc en. No. 9855 - 9999 and
' Voided 0001 - 0008 Machine voided) , having nece.Lved departmental eenti-
#0009 - #0110 6.Lcation that menehandtse and/o'L senv,Lees have been nece,Lved on
nendened. MOVED BY SCHELLERT, SECONDED BY CLYMER, COUNCIL AUTHOR-
IZE VOUCHERS FOR PAYMENT. CARRIED.
ORDINANCES AND Leg.is.tat%on Committee Cha.Lnman Petty pnesen,ted committee Aecommenda-
'RESOLUTIONS t-Lon that the Budget OndLnance be ne-adopted. MOVED BY SCHELLERT,
SECONDED BY GRANT, COUNCIL CONCUR IN RECOMMENDATION AND ORDINANCE
BE PLACED BEFORE THE COUNCIL AT THIS TIME. CARRIED. City C.ce'Lk
• Mead 'Lead O'Ld.Lnanee 2814 adopting an annual Budget ot the C-L-ty
bon the Years 1974, ne1tectLng total 1974 Budget a6 $14,276,494
OndLnance No. 281.4 wi th' total ondLnany expendttunes az $14,276,494, Receipts 6tom
Reaii ming Adoption Bounces other than taxation $8,892, 805, SuAptuz cann.%ed civet
,o. C.tty's 1974 $2,985,965 and totae to be n.aysed by taxation a6 $2, 397,724, List-
Budget .Lng banddby total. Upon ,Lnqui'cy btom Counec,eman Stied cke, City
C1etk Mead exp.taLned Ae-adoption necessary to coni.cnm 4gure2
as not enough time ava-i cb.2e dun,Lng teeers at the Budget Hecvcing
PA machine computation 0.6 changes. MOVED BY SCHELLERT, SECONDED
BY GRANT, COUNCIL ADOPT BUDGET AS AMENDED, ORDINANCE BE PLACED
ON SECOND AND FINAL READINGS. CARRIED. Fottow-.ng reading by
the C.tenk, it was MOVED BY SCHELLERT, SECONDED BY GRANT, COUNCIL.
ADOPT ORDINANCE AS READ. CARRIED. RoIl ca e. showed SIX COUNCILMEN
VOTING AFFIRMATIVELY AND STREDICKE VOTING NO. MOTION CARRIED.
CORRESPONDENCE AND
CURRENT BUSINESS Letter 6/Lam King County Reeondb and E.tectonz Managet, Mrs.. Notwatd
J. Bnoohz, ee i_tJ -Led Novembers 6, 1973 Geneta2. Election having
CehtLi.LeatLon o been duty canvassed by the King County Canvassing Board of E.tectLon
'11/6/73 E.teetLon Retw'tvvs on November 21, 1973 showing the total vote as 7, 753 and
the bot toi-Lng dour year teAms:
Counctt Position No. 1 Counc t Position No. 2
Ken Bnuee 3, 387 E.tected Eai2 etyma 3,346 'E.eected
Barbara S. La ty 2, 822 Sven A. Johnson 2,496
Position No. 3 (Red)
Chcut es J. Dela.wtent.L 3,667 E.eected '
Thomas T',unm 2,478
MOVED BY STREDICKE, SECONDED BY SCHELLERT, THOSE OFFICIALS ELECTED
BE CONGRATULATED. CARRIED.
oil Storage Letters ,6nom Ms. Beth Brennen, Leg.cstatLve Cha,vrman, Lake Washington
(/'
Fain tLe,6 .in Branch, American Assac,c.at,i.on o. Univeis._ty Women waged the City
'Green Rivet Valley Ae6use Shett au and °then oil eompanys" requests PA oil storage
iac titles £n the Green Rivet Valley, staffing concetnz o 6 va t.LOu6
agencies OA pI_acing of "tank 0mmz" in the a.ltuv.Lum .6o.itz ab the
Renton City Counc%e Minutes
12/10/73' Page 2
CORRESPONDENCE AND CURRENT BUSINESS - Continued
Oil Stoturge anew dtaims subsuxsaeeey Lo both the Green and Cedars Rives
Continued a6 were ass Lake Washington and Puget Sound. MOVED BY GRANT,
SECONDED BY PERRY, COPY OF THIS LETTER BE FORWARDED TO THE
PLANNING COMMISSION. CARRIED.
Rezone Appi . R-735-73 Letter Stam Pta.nn:ing D.vteaton EtLiehsen repotted .the P!anvung
ChattFes B. Guy Commission has campfeted tevLew as the Chattees B. Guy app!Lcation
Area as Grady Way ' Son nezone Stom G to L-.e as pnopetty .located at 404 S.W. Gttady
Way os 68/1.00 aloes undeveloped Land pnopased Son stottage o
neetteationae vehicles, being Light IndwsttL de. on Manusactwti,ng
Pattiz an .the Compnehens.ive Land Use Plan. The .letter xepotLted
the apptLwznt submitted xe%t ictLve covenan s with nesexence to
setbacks and rands ap ing and that SottowLng Public Heating the
Planning Commission tteeommended that the nezone Snom G to L-1
be appxoved. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, COUNCIL
CONCUR IN RECOMMENDATION OF THE PLANNING COMMISSION AND REFER
TO THE LEGISLATION COMMITTEE. P.e.anning D.itteatot EtLiehtoen showed
the atto_a on dusptay map and upon ,ingwitty os Councilman Ghats
ttepotrted attea as nezone not within 200 Beet as proposed P-1
channel.. MOVED BY STREDICKE, SECONDED BY DELAURENTI, CITY
ACCEPT RESTRICTIVE COVENANTS FILED WITH THIS REQUEST FOR REZONE.
Cauncieman Petty asked to be no.tis.ied upon xecotd.ing as covenants,
adoption os nezone ottdLnance pending upon same. Councilman
Gtuznt ,inowitted to Sit, EtLLcksen advising pnopetrty had been
{.hied. CARRIED.
Gteen Riven Valley Letter Sxom Planning D-ittecton EtLi,cksen asked consideration as
Land SLU/Rezone Planning Commission ttecommendatLon that .the City Council. pass
Motta-tottium Asked an ordinance ptoh ibiting any 6.it cling and deelane a mottatot Lum
on rezones in the Green Rivet Valley attea San a pet.iod os one
yeah to allow .time San ttev-.ew os the Compnehend.ive Plan .in that
attea, especially .in neLation to .the City Caanc%e xe6etvu1L to
f ijn tatio n o A oil tank .s.tottag e iacitities and p-.pe e ine request.
Ptwpo4ed motion by StttedicFze, seconded by Gttant, Got Counaie
concwvtenee .in Pta.nvung Commission ttecommendatLon, was aupe't&eded
by MOTION BY PERRY, SECONDED BY SCHELLERT, TO REFER RECOMMENDA-
TION TO THE COMMUNITY SERVICES COMMITTEE. Upon Council. .ingwitty,
City Attorney She tan advised sound xeadons San motatan.ium needed,
bounda ies need to be outlined as attea to be .included and a
detetm:ination cto to -neluz.ion as .Lndusttt.i.at and/on xesidentLal
pttopetLty. Councilman Gttant tepotcted mining and gnad.ng ondinanee
ttepotrt was So'LthcomLng. MOTION CARRIED.
RIBCO Meeting Lettett Strom Mt. Jean DeSpain, Chaitman, Rivet Basin Coond.ina .Lng
to DttaLnage and Committee. -Invited the City Council and City Stass to attend a
Flood Ptabtem<s Rivet Basin CoondLnali.ng Committee (RIBCO) meeting in Council
Chambevs 9:00 a.m. Decembers 18, to dvoeussv.Lews and suggestions
os the South King County communities ass they stellate -to attea
ptann ng Son dtta,inage and good ptobtema.
AUDIENCE COMMENT M . Bttuee Hulse commended the Mayon and City Counait on coopeta-
tion with Renton buz.inest6men and the xedevelopment os the City
Mt. Bttuce Hu o e centett.
Mt. RobeLt Boyd Mn. Robert Boyd, Assistant ManaaeA oA the Bwiteington Nattthetcn and
Buttli.ngton Notcthetn Gta.eiei Pattiz Co., questioned advizab,it ty os pea.aing mots otrium
Gtaeiet Pcvtfz Co. on excavation and .land SLU in the Vattey attea, cY.a,imLng same
wowed be hattmsut to plans and pxogtess os SLU to 40-50 aette
Excavation neat pastel.. on East Valley Rd., havting King County examinet necommenda-
BentSon 8 Catvt Rds. tion that project be completed .in Out years petLiod with ttes,toita-
Sott Valley Land Tilt tLon Sottowing, and having City appttovat, being in accotulance with
Compttehens.ive Plan adopted by the City. Mt. Boyd asked that
project be completed without dustutp ion.
APPOINTMENTS Lettet Stom Mayon Gatvtett appointed Mt. Havty Haight, 7724 South
Mt. Hwy Haight Sunnycttest Rd. , Seattle to the Board os Ethics Son a Sault-yeast
Board 06 Ethics term expit,i,ng December 31, 1977, az a membet 06 .the Renton
Chambers os Commettce ttepta.cing Mt. Floyd HL{.ghes St. MOVED BY
DELAURENTI, SECONDED BY STREDICKE, APPOINTMENT BE REFERRED TO
THE FINANCE AND PERSONNEL COMMITTEE. CARRIED.
.J
American Association of University Women
,`., g10911��4��.�
Lake Washington Branch
yam.. 7
Beth Brennen -
5610 69th Ave. S. E.
Mercer Island, Wn. 98040
December 14., 1973
Renton City Council
Renton Municipal Building
200 Mill Avenue South
Renton, Washington 98055
Gentlemen:
The Lake Washington Branch of the American Association
of University Women is concerned about the requests from
Shell Oil and other oil companies for an oil storage
"Tank Farm" in the Green River Valley near the Longacres
Race Track. Several agencies such as King County Fire
Marshall, U. S. Soils Service, P.S.G.C. , and King County
have questioned the wisdom of siting oil storage tanks
in the alluvium soils in this area. Their concerns merit
serious consideration.
Since this area drains subsurfacely to both -the Green and
Cedar Rivers and could impact both rivers as well as
Lake Washington and Puget Sound, oil storage in this area
is a matter of regional concern. In light of the poten-
tial of oil spills in this highly populated area dnd the
poor soils, we strongly urge the City of Renton to refuse
the oil companyst requests for oil storage facilities in
the Green River Valley.
Very truly yours,
Legislative Chairman
Lake Washington Branch,
American Association of
University Women
CITY OF RENTON
OFFICE OF CITY CLERK
Date
From: Del Mead, City Clerk
To : Mayor Avery Garrett
Councilman Bruce
Councilman Clymer
Councilman Delaurenti
Councilman Grant
Councilman Perry
Councilman Schellert
Councilman Stredicke
Airport
Building Department.
City Attorney
Finance
Fire
Library
Personnel
Planning
Police
Public Works
Purchasing
Street
Traffic Engineering
Utilities
Other
Re: ... :
For appropriate action
For your information
Remarks : -
FILE COPY
8/73
- l /
41011 0e-r-
b-0 •
4
• Renton City Council Meeting Minutes
Page 4 - July 9, 1973
OLD BUSINESS - Continued
Olympic Pipe " GRANT, THAT AN ENVIRONMENTAL IMPACT STATEMENT BE REQUIRED OF THE OLYMPIC
Line Applica- PIPE LINE COMPANY TO ACCOMPANY THEIR APPLICATION FOR ADDITIONAL FRANCHISE.
tion Councilman Grant submitted copy of letter he sent to people living along
, : the proposed pipe line and copies of 35 petitions received from them.
The letter expressed his concern to them having an additional pipe line
put through parallel to existing pipe line on or abutting their property.
Discussion then ensued as to whether some higher authority than the City
of Renton could allow them to go through the City. City Attorney Shellan
was requested to pursue the matter of jurisdiction over the City right-of-
ways. Moved by Schellert, Seconded by Bruce, to refer to the Committee
1 of the Whole. Motion failed. MOTION TO REQUIRE ENVIRONMENTAL IMPACT
STATEMENT CARRIED. Councilman Schellert abstained from voting.
Frontage Road Transportation Committee Chairman• Perry submitted the Committee's report
Sunset Blvd. NE on the elimination of the Frontage Road, Sunset Boulevard N.E. for the
Clerk to read. The Cotmittee 'concurs in the recommendation of the Public .
Works Director that the Frontage Road that extends between N.E. 10th and
N.E. 12th Streets on the south side of Sunset Boulevard N.E. be eliminated.
They further recommended that the City grant permission to the. adjacent
property owners to utilize the area for parking until such time 'as .the
City may require the area for street purposes. Public Works Director
Gonnason gave a presentation with a map showing the designated area and
what they proposed to do with it, showing that actual access to the
shopping area would be improved and certain, traffic hazards, now present,
would be eliminated. Discussion ensued on various aspects of the responsi-
bilities of the merchants for converting the road to parking area and
responsibility for landscaping. MOVED BY BRUCE, SECONDED BY DELAURENTI,
• TO CONCUR IN THE COMMITTEE RECOMMENDATION. MOTION CARRIED.
Attendance at Councilman Stredicke asked to be notified of all Committee meetings from
Committee now on, also Human Rights Commission meetings.' He was assured that all '
Meetings Councilmen would be notified, including the Human Rights Commission •
meetings.. ,
Optional- 'Councilman Stredicke raised the question of the rights of Optional Municipe
Municipal Code Code Charter cities as regards SHB 711 (Gambling) . Attorney General,'s
Cities Opinion that OMC cities did not qualify as Class I cities under this. act.
MOVED BY STREDICKE, SECONDED BY BRUCE, TO INSTRUCT THE CITY ATTORNEY TO
FILE THE NECESSARY COURT ACTION. Councilman Clymer suggested writing .
letters to legislators asking what their intentions were to exclude OMC ' -
cities and ask them to amend the act, rather than going through the courts.
. After some further discussion with City Attorney Shellan upon recourse,
DELAURENTI MOVED, SCHELLERT SECONDED, TO AMEND THE MOTION AND REFER THE
MATTER TO THE CITY ATTORNEY FOR RECOMMENDATION, MOTION CARRIED. MOTION,
AS AMENDED, CARRIED.
Broadacres Councilman Stredicke brought up the communication from the City Attorney
Application regarding the provisions of Substitute House Bill 53 relating to Open
,Open Space Space Act, remarking that according to this, the Planning Commission still
has jurisdiction, and upon their determination will still be referred to'
the City` Council for action. MOVED BY STREDICKE, SECONDED BY BRUCE,, ,
COMMUNICATION FROM THE CITY ATTORNEY ON THE SPECIAL ACT BE REFERRED'TO THE
' COMMITTEE OF THE WHOLE. Councilman Grant asked that the record-'show that
he left Council Chambers and took no part in any discussion or any action.
' MOTION CARRIED.
Oil Tanks MOVED BY GRANT, SECONDED BY STREDICKE, THAT THE LIMITATION OF OIL TANK
FACILITIES BE REFERRED TO THE PLANNING COMMISSION. MOTION ;;CARRIED.
Adjournment MOVED BY STREDICKE, SECONDED BY CJ,YMER, THAT THE MEETING ADJOURN. MOTION
:TARRIED. The meeting adjourned at 11:33 P.M.
>3.-41(‘-lre-f
Maxine Motor, Deputy City Clerk
•
jt •
r,
k
uF R-'�
ti�
� swim THE CITY OF RENTON
n rn , MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
0/3 co AVERY GARRETT, MAYOR DELORES A. MEAD
0
#P CITY CLERK
.TFD SEPIC-.
September 28, 1973
League of Women Voters of King County South
634 S.W. 149th 43
Seattle , Washington 98166
[li/ Attention: Mrs. Jane E. Shafer - President
Re: Shell Oil Storage Tanks
Hear League Members :
Your letter regarding the above-captioned subject is
still in Planning Commission hearings. A copy of your
letter has been given to all Councilmen; Mr. Gordon Y.
Ericksen, Planning Director; and the Planning Commission.
to apprise them of the League ' s opinions.
Any subsequent correspondence should be directed to the
Planning Director for presentation to the Planning
Commission which body will be holding subsequent hearings
on the matter, and if you desire further information,
please feel free to call the Planning Director at 235-2550.
Very truly yours .
CITY OF RENTON
Delores A. Mead
. f)
City Clerk
DAMrjt .
cc: Councilmen
Renton City Council Meeting Minutes
December 3, 1973 Page 3
CORRESPONDENCE AND CURRENT BUSINESS
Lind Ave. Extension along the boundary line between the Railroad's property and Sears
(Continued) property between Maple St. and Edward Blvd. connecting with proposed
Lind Ave. extended. Mr. Scott noted no specific plans for development
of the property but long-range plans for property east of Lind Ave.
extended as commercial and that property west of Lind Ave. extended
for multi-residential purposes. MOVED BY GRANT, SECONDED BY SCHELLERT,
MILWAUKEE RAILROAD LETTER BE REFERRED TO THE COMMITTEE OF THE WHOLE.
CARRIED.
Request to Paint Mr. Fred Battaglia Jr. requested permission to paint house numbers of
Street Curbing _ street curbing. As area was determined to be outside City limits,
request was withdrawn.
Proposed LID 282 Letter from Public Works Director Gonnason regarding petition for
Abeerdeen N.E. creation of Local Improvement District for street improvements,
N.E. 27th to 28th watermain and sewers in Aberdeen Ave. N.E. between N.E. 27th and
N.E. 28th Streets, reported the petition submitted by property
owners represents: 74.5% of the frontage abutting the proposed
street improvements and 83.71% of the area; 100% of the frontage
abutting the proposed sanitary sewer improvements; 100% of the front-
age abutting the proposed water improvements. Public Works Committee
Public Works Chairman Bruce submitted committee report recommending adoption of
Committee Report resolution of intent, creating LID, authorizing preparation of assess-
ment roll and setting date for public hearing as January 21, 1974.
MOVED BY PERRY, SECONDED BY BRUCE, COUNCIL CONCUR IN COMMITTEE
RECOMMENDATION AND REFER MATTER TO THE LEGISLATION COMMITTEE. CARRIED.
APPOINTMENTS , Letter from Mayor Garrett appointed Renton businessman Mr. Larry Gibson
Mr. Larry Gibson to the Renton Planning Commission, term expiring January 1, 1978,
3312 N.E. llth P1. replacing recently retired Mr. Lucien Lemon. Proposed motion by Delaurenti
seconded by Grant to concur was replaced in SUBSTITUTE MOTION BY
STREDICKE, SECOND BY SCHELLERT, TO REFER APPOINTMENT TO THE FINANCE
AND PERSONNEL COMMITTEE. SUBSTITUTE MOTION CARRIED.
OLD BUSINESS
Committee of Whole Committee of the Whole report recommended that the matter of solving
Report the heating problem of the main library be referred to the Public
Library Heating Works Committee. MOVED BY STREDICKE, SECONDED BY DELAURENTI, CONCUR
IN COMMITTEE RECOMMENDATION. CARRIED.
Ambulance Service Committee report recommended the subject of ambulance service be
referred to the Finance and Personnel Committee to report back within
two weeks. MOVED BY STREDICKE, SECONDED BY DELAURENTI, COUNCIL CON-
CUR IN COMMITTEE RECOMMENDATION. CARRIED.
Utility bonds Committee of the Whole report recommended the subject of bonds required
for collecting of utility bills be referred to the Finance and Person-
nel Committee.
Street Project The committee report recommended the Transportation Committee should
Review review all street projects before any funding is made. MOVED BY GRANT,
SECONDED BY STREDICKE, COUNCIL CONCUR IN RECOMMENDATION. MOVED BY
SCHELLERT, SECONDED BY GRANT AMEND MOTION TO REMOVE THE WORD "SHOULD."
CARRIED.
Public Safety
Committee Report Public Safety Committee Chairman Delaurenti submitted committee report
recommending that the City contract with King County to provide
- animal kenneling services commencing January 1, 1974 and the tag rate:
Animal Control Male dogs, neutered or spayed dogs - $3.00 per year, Female dogs -
New Fees $5.00, Cats - $1.00 per year. The report further recommended the sum
Cats Included of $7,200 be added to the Mayor's proposed budget to cover costs of
animal kenneling at the King County shelter and $500 be added to the
budget to provide part-time animal patrolling assistance as necessary.
MOVED BY SCHELLERT, SECONDED BY GRANT, COUNCIL CONCUR IN RECOMMENDA-
TION OF THE PUBLIC SAFETY COMMITTEE. Motion failed which was made
by Stredicke, seconded by Perry, to eliminate the cat fee from the
recommendation. MOTION CARRIED.
Renton City Council Meeting Minutes
December 3, 1973 Page 4
OLD BUSINESS - Continued
Monster Road Councilman Stredicke inquired re ptatus •of request for closure of
RR Xing Monster Road in west and of closing of crossing over railroad tracks,
being advised that the matter in committee and awaiting report
from Public Works Department and also negotiating with the railroad.
Councilman Grant advised Tukwila needed access for service. ,
Public Works Public Works Committee Chairman Bruce submitted committee report concur-
Committee Report ring in the recommendation of the Public Works Department that the
contract with Puget Sound Power and Light for lift station at Union
Puget Power Ave. N.E., be ratified. MOVED BY SCHELLERT, SECONDED BY GRANT, COUNCIL
Service Contract CONCUR IN RECOMMENDATION OF COMMITTEE. CARRIED. MOVED BY SCHELLERT,
SECONDED BY DELAURENTI, REFER TO LEGISLATION COMMITTEE FOR NECESSARY
RESOLUTION. CARRIED.
Shell Oil Councilman Grant noted Planning Commission meetings on Shell Oil tank
Continued storage request has been continued to January 14, 197q. Public has
been invited to furnish input on Environmental Impact Statement by
December 14, 1973.
King County Shop MOVED BY STREDICKE, SECONDED BY GRANT, THE SUBJECT OF KING COUNTY
Facility SHOP FACILITY IN THE CITY BE REFERRED TO THE TRANSPORTATION COMMITTEE.
CARRIED.
Land Fill and Moved by Stredicke, Seconded by Grant, that the Council go on record
Excavation placing a moratorium on all land fill and excavation operations
Operations in the City unless exempted by Council action. Acting Building
Director Crews advised no new or pending applications. Planning
Director Ericksen advised Planning Commission to go on record as
recommending moratory of one year pending study, report forthcoming
next week. Roll call vote resulted in 2 AYE: DELAURENTI, STREDICKE.
5 NO: CLYMER, SCHELLERT, PERRY, BRUCE AND GRANT, with Grant reserving
right to reconsider. MOTION FAILED. Moved by Grant, seconded by
Stredicke, Council reconsider action taken on moratorium on land
fills and excavations. Roll Call vote resulted in 2 AYE: DELAURENTI,
STREDICKE; 5 NO: CLYMER, SCHELLERT, PERRY, BRUCE AND GRANT, who
reserved the right to reconsider. MOTION FAILED. MOVED BY GRANT
SECONDED BY STREDICKE, THIS SUBJECT BE REFERRED TO THE COMMUNITY SERVICES
COMMITTEE. CARRIED.
Recess MOVED BY STREDICKE, SECONDED BY GRANT, COUNCIL RECESS FOR 30 MINUTES,
HOLD EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS. AND COME BACK TO
SESSION. CARRIED. Council recessed at 10:05 p.m. and reconvened at
10:35 p.m. with roll call showing all Councilmen present.
PUBLIC HEARING Mayor Pro tem Clymer declared Public Hearing open to adopt the City's
1974 Budget 1974 Budget. Councilman Grant reported Council made further amendments
(Continued) by reinstating patrolman in Police Department and setting utility tax
at 1% rather than 2% as given in the Mayor's preliminary budget. MOVED
BY GRANT, SECONDED BY SCHELLERT, COUNCIL ADOPT THE MAYOR'S BUDGET AS
AMENDED. MOTION BY STREDICKE, SECONDED BY DELAURENTI, TRANSFERRING
PERMIT CLERK FROM BUILDING DEPARTMENT TO THE PLANNING DEPARTMENT, CARRIED.
MOTION BY GRANT, SECONDED BY DELAURENTI, THE PAY DIFFERENTIAL AMONG
ADMINISTRATIVE OFFICERS OF THE POLICE AND FIRE DEPARTMENTS REMAIN AT
THE PRESENT 1973 LEVELS FOR THE 1974 BUDGET. Councilman Stredicke
asked reconsideration, MOTION CARRIED. Motion by Schellert, seconded
by Stredicke to amend Mayor's Preliminary Budget setting salaries of
incoming Councilmen at 5.7% of the 1973 salary. City Attorney Shellan
noted Ordinance setting salaries was adopted prior to election of those
Councilmen affected and that the 33.5% increase over 8 year period,not
unreasonable,nor the 19% increase over three year period for uniform
personnel and felt Federal Commission approval under President's guide-
lines could be obtained. Roll call vote on setting incoming Councilmen
salaries at 5.7% increase over '73 salaries FAILED having 2 AYE:
SCHELLERT, STREDICKE; 5 NO: CLYMER, DELAURENTI, PERRY, BRUCE AND GRANT.
Roll Call on previous motion by Grant, seconded by Schellert, to adopt
Budget as amended showed ALL .COUNCILMEN-VOTED AFFIRMATIVELY WITH ONE
_ NEGATIVE VOTE CAST BY STREDICKE, MOTION CARRIED, 1974 BUDGET ADOPTED
AS AMENDED. (See attached Amendments)
`ZG
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_ - - VICTORIA PARK HOMEOWNERS ASSOCIATION, INC.:, .r .
P. O. Box 11011.
_ _ Renton, WA. 98Q55
City-of Renton-` _ - , _ • -
Plarrni*ig Commission .
City Hall
' - Renton, W.A..' 98055. : . -:' .. _ . - •_ '
Gentlemen:
- - The,Board:of Trustees for the Victoria Park,Homeowners'Association,.Inc:., . '
-has been-informed of.:a proposal to locate a'Shell Oil Company'.tank farm _
• near the existing Mobil;oil storm tanks 'in. the City-.of,:Renton.:,•.We are,' -
- opposed to the installation of oil storage tanks in -the proposed`=location, - -
- , and wish to state •several .reasons for our position."., , • --. - .
First - 'The prarimity of they-storage tanks to Victoria Park.would, '
in all probability,- create a-fire hazard and cause the personal:.property.•. .
insurance- rates to increase. _ ,. : • " ,
Second. - The proposed plympic:;pipe line coupled with the tank farm
_ -`( •is-only-a,.:step_from a..fully developed_-refinery.;• -Traffic-in,and-around : : ,
- the proposed-proposed-"site i s currently congested, and the hazar&of truok .acci-
dents, spills, and pollution of streams, :rivers,, and Lake Washington is - - •
almost`-certain:- . . • , _ : •
•
- T�►i rd•- Additional'industrialization of the Green River'Valley -
will contribute to-the-existing smog .problems, caused by heat .inversion., ' •
- It is our understanding that the Green River •Valley is very susceptive,
- . . to heat inversion.• - . _ _
Fourth. We-.understand_= that. the Green River .Valley -is Class 1 and _
Class 2 soil and. isin the top. 5 percent of. the fertile -soils in Western
- Washington. Addition of the tank farm and future expansion will destroy
valuable agriculture lands: - .
•
We'could continue with our reasons as' to wby we :axe: opposed,to the, pro- _
posed Shell Oil Company-.tank farm, but each pointemphasizes:the slow '
destruction of a beautiful.agricultural valley and the creation of an - _
environmentally dangerous industrial_complex. _ . ;
i•
r/ e , . , . ...._,.. . , .
7 _ . .... ,
. . ,
. , . . .
.. -ip:i.---_,,, .., , , . ,,- ,_.;,..,___,..:--,-;T. -r,, - . - .''_ •; ' , =
. .t .sr , ,
- . . We are .equally concerned,w_with-the City:of Renton's- approval of the orig'nal, ,
•laud fill. We understand the '1 and`fill was for the ."purpose of flood con- - _
' - • -trol" but now has ;a commercial.use• - -T'he ,land fill was accomplished without
an environmental impact_ study:' _ ,.
We:'understand that a moratorium-on issuing land fill,',pelts may, be enacted, _
. and the proposal -is presently in=committee. ' We support :a moratorium, of one
• year or.until. pending State and'Federal: legislative issues are resolved re •
-
-- - garding..land••use, :planning,...and.management':: . : - - , .. - - . ' - .
- We.recognize that' a need_must exist".in:'this area: for the. type-of .storage -
proposed by the Shell Oil..Company',. but why must the Valley be destroyed by ,
added industrialization.. It is our opinion that the Planning Commission ;
. . - and City,Council should -give-,,serious,consideration' to denial of the tank ' _
• • storage permit in the proposed location. Alternative 'sites such as the_ -
•' • Port of. Seattle,land,near.the SEA-TAC.Airport' should'be ,considered.
Sincerely,
: DONAZD A. BUCHANATON =
_ President,
CC: City Council - .i , _
- City•of Renton > ,.
Reston City Council. Minutes
1/7/74 Meeting -Page 3
ORDINANCES AND RESOLUTIONS - Continued
Resolution #1887 The Legislation Committee report recommended reading and adoption
Cedar River M & I - of a resolution authorizing the Director of Finance to transfer
Balance of Funds balance of $30,489.13 in the City's Cedar River M & I Fund unto
& Responsibilities the City Street Fund, and latter fund assuming the responsibility
Transferred to for maintaining and improving Cedar River as required by law.
City Street Fund MOVED BY SCHELLERT, SECONDED BY PERRY, COUNCIL CONCUR IN THE
RECOMMENDATION OF COMMITTEE AND RESOLUTION BE PRESENTED. CARRIED.
Following reading of the resolution by the Clerk, it was MOVED
BY DELAURENTI, SECONDED BY SCHELLERT, RESOLUTION BE ADOPTED AS
READ. CARRIED.
Resolution #1888 Legislation Committee report recommended reading and adoption of
Paths and Trails a resolution $2,825 from Street Fund to Paths and Trails Capital
Outlay. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, COUNCIL
CONCUR IN RECOMMENDATION OF COMMITTEE AND RESOLUTION BE PRESENTED.
CARRIED. Following reading of resolution, Legislation Committee
Chairman Perry explained .5% gas tax mandatory for paths and
trails. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, COUNCIL
ADOPT RESOLUTION AS READ. CARRIED.
CORRESPONDENCE AND
CURRENT BUSINESS Letter from Mr. William L. McLaughlin, Jr. , 10630 S.E. 176th
Request for St. , requested "late-comers" agreement for sewer line to his
Late-Comers property at 4509 Talbot Rd. S. in order to recover some costs on
Mr. Wm. L. McLaughlin his installation. MOVED BY BRUCE, SECONDED BY PERRY, COMMUNICA-
TION BE REFERRED TO THE PUBLIC WORKS COMMITTEE FOR RECOMMENDATION.
CARRIED.
Final Payment Letter from Public Works Director Gonnason requested final pay-
CAG-055-73 ment of the Talbot Road South sanitary sewer project, LID 279,
Talbot Rd.S. Sewer in the amount of $18,844.83, recommending that the Council
Threeway Construction accept completion of the project as of January 7, 1974. The
letter stated due to weather and mud conditions, the contractor,
Threeway Construction, Inc. has filed a $1,000 performance
bond to guarantee final restoration in the spring. Also, -if
after thirty days no liens or claims are filed against this
project and proof of tax liabilities if received, it is recom-
mended that the retained amount be paid the contractor. MOVED
BY SCHELLERT, SECONDED BY CLYMER, COUNCIL CONCUR IN RECOMMENDATION
OF THE PUBLIC WORKS DIRECTOR. CARRIED.
Victoria Park Letter from Victoria Park Homeowners Assoc. , Inc. opposed instal-
Homeowners Oppose lation of oil storage tanks in the Green River Valley in the
Oil, Storage Tanks City because of the proximity of the tanks to Victoria Park
which may create a fire hazard causing personal property insur-
ance rates to increase, because with the proposed Olympic pipe
line and tank farm only a step from a fully developed refinery,
pollution dangers increase, because additional industrialization
of the Valley will contribute to smog problems caused by heat
inversion, and because the fertile soil would be destroyed as
agricultural land. The letter stated the Planning Commission and
City Council should give consideration to denial of the tank stor-
age permit, asking consideration of alternative site Port of
Seattle land near SEA-TAC Airport. MOVED BY STREDICKE, SECONDED
BY PERRY, CONNUMICATION BE FORWARDED TO THE PLANNING COMMISSION.
CARRIED.
Parking Problems Letter from Public. Works Director Gonnason reported objections
Vicinity of Mr. Porter of Porter's Marina to people parking on vacant
River Road and City property adjacent to property he leases from the City
North 6th Street which is near Boeing plant entrance. Letter stated a basic
policy question involved if City should prohibit parking on its
property to force pay-parking on Porter's lot, with the net
result of forcing parking to another free area. The letter recom-
mended this matter be referred to the Transportation Committee
for further consideration of and disucssions with Mr. Porter.
MOVED BY DELAURENTI, SECONDED BY PERRY, THIS MATTER BE REFERRED
TO THE TRANSPORTATION COMMITTEE TO REPORT BACK. CARRIED.
•
Renton City Council Minutes
1/7/74 Meeting - Page 4
CORRESPONDENCE AND CURRENT BUSINESS - Continued
Green River Watershed Letter from Mayor Garrett requested authorization for execution
Drainage Plans of supplemental work plan agreements with King County Department
of Public Works as the coordinating sponsor for the Green River
Watershed Drainage Plans with the U. S. Soil Conservation Service.
These agreements replace and supersede the original Watershed
Work Plan Agreement executed in 1966, with no change in original
intent or basis of the agreement and make no commitment of funds.
MOVED BY GRANT, SECONDED BY STREDICKE, THIS MATTER BE REFERRED TO
THE COMMUNITY SERVICES COMMITTEE. CARRIED.
Claims for Damages City Clerk Mead presented the following Claims for Damages filed
with her office:
Mrs. Evelyn M. Brunette, 2923 N.E. 8th St. , Renton, alleged
damage .due to protruding pipes.
Mr. Richard William Pohl, 8819 S. 222nd, Kent, alleged damage
due to holes in roadway, S.W. 43rd St.
Mr. Thomas Harold Burton, 10407 S. . 174th, Renton, alleged dam-
age due to holes in roadway, S. 180th St.
Mr. Ray Clayton Holmes, 21044-184th S.E. , Renton, alleged dam-
age due to protruding pipes.
MOVED BY SCHELLERT, SECONDED BY DELAURENTI, CLAIMS FOR DAMAGES
BE REFERRED TO THE CITY ATTORNEY AND INSURANCE CARRIER. CARRIED.
Traffic Controller Letter from Purchasing Agent Church requested Council concurrence
Declared Surplus to declare a Type F19 circuit traffic controller surplus, so that
negotiations can be made to sell controller to the City of Auburn.
The value of the replaced controller is estimated at $100. MOVED
BY SCHELLERT, SECONDED BY BRUCE, COUNCIL CONCUR IN RECOMMENDA-
TION OF THE PURCHASING AGENT AND REFER TO LEGISLATION COMMITTEE
FOR RESOLUTION. CARRIED
Bid Opening City Clerk Mead reported December 20, 1973,bid opening for water-
Watermain main installation in North Third Street from Houser Way to the
North Third St. Mt. Olivet steel tank (tabulation attached) with five bidders.
MOVED BY SCHELLERT, SECONDED BY BRUCE, BIDS BE REFERRED TO THE
PUBLIC WORKS COMMITTEE FOR RECOMMENDATION. CARRIED.
APPOINTMENTS Letter from Mayor Garrett appointed Mrs. Beverly Brown to the
Police Department position of Clerk in the Police Department on a provisional
Clerk appointment to allow the Civil Service Commission time to estab-
lish a new eligibility list. Mrs. Brown has been filling a PEP
position, but was unable to pass the physical required by Civil
Service. MOVED BY DELAURENTI, SECONDED BY SCHELLERT, COUNCIL
CONCUR IN RECOMMENDATION. CARRIED.
Municipal Arts Letter from Mayor Garrett appointed Mr. Ray Peretti, 17819 - 110th
Commission Ave. S. to the Renton Municipal Arts Commission for a three-year
Mr. R. Peretti term to expire December 31, 1976. The Renton businessman replaced
Mr. Robert Lally who was not able to accept reappointment due to
business commitments. MOVED BY STREDICKE, SECONDED BY SCHELLERT,
COUNCIL CONCUR IN APPOINTMENT OF THE MAYOR. CARRIED.
OLD BUSINESS
Committee of Whole Council President Clymer presented Committee of the Whole report
Report recommending Council concurrence in the Labor Negotiation Committee
recommendation, authorizing the signing of Addendum with Fire-
Firefighters #864 fighters Local 864 agreement. MOVED BY SCHELLERT, SECONDED BY
Labor Negotiations PERRY, COUNCIL CONCUR IN RECOMMENDATION OF THE COMMITTEE OF THE
WHOLE. CARRIED. MOVED BY STREDICKE, SECONDED BY DELAURENTI,
MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AGREEMENT. CARRIED.
Overtime Speaking Committee of the Whole report recommended that the subject of
Assignments overtime speaking assignments in the uniformed departments be
referred to the Public Safety Committee. MOVED BY PERRY,, SECONDED
BY BRUCE, COUNCIL CONCUR IN COMMITTEE OF THE WHOLE REPORT. CARRIED.
Legislative Aide MOVED BY CLYMER, SECONDED BY STREDICKE, REPORT PREPARED AND PRES-
ENTED TO COUNCIL BY MR. SCOTT HASKINS RE DUTIES OF LEGISLATIVE AIDE
OR SYSTEMS ANALYST BE REFERRED TO FINANCE AND PERSONNEL COMMITTEE
TO REPORT BACK. CARRIED.
•
A.'Wesley Hodge, P.S.
Law Offices I 309 Norton Building Seattle Washington 98104 I 206 624 5795
•
July 29, 1974
City Council
City of Renton
Municipal Building
Renton, Washington 98055
NOTICE OF APPEAL
On behalf of Shell Oil Company we hereby appeal
the July 24, 1974, Planning Commission denial of Shell' s
special use permit for a Distribution Plant.
• Please advise us when the hearing before the
City Council is set. Thank you.
Very truly yours,
1
A. Wesley Hod
AWH;re
CC: the following :
Mayor Avery Garrett
Secretary Planning Commission
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•
PRELIMINARY
SUBJECT TO REVISION
PROPOSED BULK STORAGE REGULATIONS WITH DEFINITIONS
(TWELFTH EDITION)
SEPTEMBER 4 , 1975
RECOMMENDED FOR ADOPTION
BY
COMMUNITY SERVICES COMMITTEE
CITY OF RENTON
PLANNING DEPARTMENT
REVISION
ORDINANCE NO .
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
ESTABLISHING AND CREATING REGULATIONS FOR BULK
STORAGE FACILITIES ; DEFINITIONS TO CLARIFY
CERTAIN TERMS IN THE "ZONING ORDINANCE" KNOWN
AS CHAPTER 7 OF TITLE IV (BUILDING REGULATIONS )
OF ORDINANCE NO . 1628 KNOWN AS THE "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON . "
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
RENTON , WASHINGTON , AS FOLLOWS :
SECTION I :
A new Section 4-734 ( Bulk Storage Facilities ) of Title IV ( Building
Regulations ) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton" is hereby created to read as follows :
Section 4-734 , Bulk Storage Facilities as Created :
4-734 Bulk Storage Facilities
1 . Intent. The intent of the regulation of bulk storage
facilities is to allow such facilities in a location
and manner so they are compatible with adjacent properties
and beneficial to the City and in accordance with the
State Environmental Policy Act . It is further the
intent to insure that the safety , health , welfare ,
aesthetics and morals of the Community are maintained at ,
a high level . Due to the unique characteristics and
problems inherent in making bulk storage facilities
compatible with surrounding properties and environment ,
the City Council finds that special review of bulk storage
facilities is required to insure the intent of these
regulations ; and the City Council expressly finds that
in the Green River Valley , City of Renton and surrounding
areas there has been a loss in air quality and that a
potential exists for a continuing deterioration in this
air quality due in part to the unique meteorological and
topographic characteristics such as the channeling and
holding of air masses by inversions and the surrounding
hills . This degradation in air quality adversely effects
the liveability and desirability of the City and is
injurious to the health and well -being of its citizens .
Those uses classified as a recognized higher risk have
higher standards applied to them including , but not
limited to , Landscaping , Traffic and Access and Hazardous
Materials . These regulations are to supplement and be
in addition to existing ordinances and code provisions .
2 . Special Permit and Administration .
1 . Bulk storage facilities only may be allowed by special
permit as specified in Section 4-722 ( B ) . The fee for
the special permit for bulk storage facilities shall
be the basic fee plus ten ( 10) dollars for each acre
or fraction thereof.
2 . The Planning Commission is designated as the official
agency of the City for the conduct of public hearings ;
and the Planning Department is responsible for the
general administration and coordination . The Planning
Department shall establish administrative procedures ,
which shall include , but are not limited to : prepara-
tion of application forms ; determining completeness
and acceptance of application ; and establishment of
interdepartmental review routing procedures .
3. The responsibility of producing information and data
to establish that the proposed bulk storage facility
complies with the standards setforth in this section
shall be on the applicant .
4 . The Planning Department shall be responsible for deter-
mining whether an application is a bulk storage facility
as defined herein . Such decision may be appealed to
the City Council within ten ( 10 ) calendar days after
such determination upon proper written notice filed
with the City Council .
3 . Height. The maximum height of all storage containers and
stock piles of bulk materials and/or products shall be forty
(40 ) feet or that of the structure height of the underlying
zone if more restrictive . The storage of bulk materials in
containers above manufacturing plants shall not be considered
as bulk storage , but shall be classified as part of the
supporting structure . No roof shall extend beyond five ( 5 )
percent slopes drawn from forty (40 ) foot high vertical
surfaces contiguous to the base of the structure . Only
accessory items such as , but not limited to : antennas ,
ladders , light fixtures , railings , vent pipes and safety
or health related items shall be excluded from the determina-
tion of structure height .
•
4 . Setbacks . All structures and bulk storage , except security
fences , opaque screens and signs shall be located at least
sixty ( 60 ) feet from all public right-of-ways , wildlife
habitat , public areas , parks and waterways which include ,
but is not limited to rivers , lakes , streams and drainage
channels . In all other instances the setbacks shall be at
least twenty ( 20 ) feet from the property line .
5 . Landscaping and Screening . The intent of landscaping and
screening is to minimize the visual impact of bulk storage
as viewed from adjacent or nearby properties or facilities
and to enhance the image of the industrial areas and the City .
1 . Recognized Higher Risk Storage . Those bulk storage uses which
are considered as having a recognized higher risk shall have a
barrier as specified in Section 4-734 . 15 , Hazardous
Materials , with a screen that is at least eighty (80 )
percent opaque on top of the barrier and setback at •
least twenty ( 20 ) feet from the property line . The
barrier shall have a maximum height of four (4 ) feet when
measured as in §4-734 . 15 . 3 . The combined height of the
four-foot (maximum) barrier and screen shall be at least
twenty-five ( 25 ) percent of the height of the bulk
storage provided such combination is at least six ( 6 )
feet high . An optional security fence shall have at
least a twenty ( 20 ) foot setback . All areas between
the property lines and the screen shall b.e landscaped
except for ingress and egress areas and except when a
second bulk storage facility has a contiguous side or
rear property line with an existing bulk storage facility
constructed to the standards specified in Section 4-734 .
The landscape plan shall be prepared by a licensed
landscape architect and approved by the Planning Department .
2 . Other Bulk Storage . Those bulk storage uses not included
in Section 4-734 . 5 . 1 above shall have a screen including
gates and shall be at least eighty (80 ) percent opaque
surrounding the property area . Said screen shall be
at least twenty-five (25 ) percent as high as the bulk
storage containers or stock piles provided said screen
is at least five ( 5 ) feet high . The screen and optional
security fence shall be setback at least twenty ( 20 )
feet from all property lines except that for those
bulk storage facilities whose total ownership is less
than two and one-half (22) contiguous acres in area ,
the Planning Department may reduce this setback up to
fifty ( 50 ) percent for good cause and upon proper
written application . All areas between the property
-2-
-
•
lines and the screen shall be landscaped except for
ingress and egress areas and except when a second
bulk storage facility has a contiguous side or rear
property line that abuts an existing bulk storage
facility constructed to the standards specified in
Section 4-734 provided there is at least a twenty
(20 ) foot landscaped strip . The landscape plan is
to be approved by the Planning Department . A land-
scaped berm may be used by itself or in combination
with a screen provided the required height is met .
The slopes of said berm shall be at least two (2 )
feet horizontal to one ( 1 ) foot vertical . There
shall be a flat area on top of the berm with a minimum
width of two ( 2 ) feet. A retaining wall may be substi -
tuted for the internal side of the berm provided the
retaining wall is approved by a licensed engineer.
3 . . Landscaping Maintenance . The maintenance of landscaping
shall be assured prior to the issuance of a building
permit by requiring one of the following four options ;
(a ) the posting of a performance bond for one hundred
fifty ( 150 ) percent of the estimated cost of main-
tenance of landscaping for a three ( 3 ) year period ,
(b ) the depositing with the City Clerk of a certified
or cashier ' s check for one hundred fifty ( 150 ) percent
of the estimated cost of maintenance of landscaping
for a three (3 ) year period , (c ) filing with the City
Clerk a copy of a service contract for maintenance
of landscaping for a three (3 ) year period , or (d )
such other written commitments that will assure satis-
factory maintenance of landscaping for a three (3 )
year period . Any of the four ( 4 ) options above are
to be approved as to legal form prior to acceptance by
the City. Landscaping is to be maintained in a healthy ,
neat manner and shall be subject to periodic inspection
by the City.
6 . Signs . The only identification signs permitted shall be
one ( 1 ) sign per street frontage that shall be four (4 )
feet in height or less , with a maximum of two ( 2 ) faces
and no more than thirty ( 30 ) square feet per face . Such
signs may be illuminated by external lights . Exit and
entrance signs four (4 ) square feet in area or less may
be placed at street entrances .
7 . Locational Criteria . The Planning Commission shall review
the impact of the proposed use to determine whether it is
compatible with the proposed site and general area . The
Planning Commission may require any applicable Bulk Standard
to be up to fifty ( 50 ) percent more strict than specified
to alleviate a potential problem , providing it shall be
shown :
1 . That because of special circumstances applicable to
subject property , including size , topography , location
or surroundings and special characteristics applicable
to subject facilities including height , surface drainage ,
toxic substances , traffic and access , sound , liquid
waste , light and glare , odorants , flammable and explosive
materials and gaseous wastes , the strict application of
the Zoning Code and Bulk Storage Regulations is found to
deprive neighboring properties of rights and privileges
enjoyed by other properties in the vicinity and under
identical zone classification ;
2 . That the application of more strict standards will not
be materially detrimental to the subject facility and
will maintain the full rights , privileges and environment
of neighboring properties .
3 . That the application of such modifications shall be
supported by documented evidence of a clear and
compelling nature to justify such stricter standards .
In the case of hardships affecting the subject property ,
variances to these Bulk Standards may be granted by the
Planning Commission subject to the conditions of Section
4-731 ( C ) ( B ) .
-3-
Figure 4-734.5-1(a)
• LANDSCAPED BERM .
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RuIHT-cf-w/"'t
CITY OF RENTON .
. PLANNING DEPARTMENT_
Figure 4-734.5-1(b)
LANDSCAPED BERM AND OPAQUE SCREEN
-----------------
...................................................
................................::::::
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..................................................
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CITY Of RENTON
PLANNING DEPARTMENT
Figure 4-734.5-1(c)
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN
......._... .i: SPA :::a
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- ..................................... ........ canf of
- ?lT`f ANDf 41
GFSSAZ dacJKtN
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• - CITY Of RENTON `
PLANNING DEPARTMENT
. .
••
- Figure 4-734.5-1(d)
• ,
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_ _
OPAQUE SCREEN WITH LANDSCAPING -
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...............,
..............,..,
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CITY OF RENTON
•
PLANNING DEPARTMEI4
•
Figure 4-734.5-1(e)
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CITY Of RENTON _ •
PLANNING DEPARTMENT -
• •
8 . Surface Drainage. The intent of this Standard is to protect
property from damage and loss due to flooding , erosion and
deposition caused by the adverse alteration of •natural
drainage flow patterns and rates , and to promote develop-
ment practices which enhance the quality , benefits and
enjoyment of the natural water courses .
1 . Surface drainage shall be approved by the Public Works
Department and shall comply with the design specifica-
tions setforth . in the latest editions or revisions of ;
Standard Specifications for Municipal Public Works
Construction 'by the Washington State Chapter American
Public Works Association , and Highway H 'draulics Manual
by the Washington State Highway Commission , Department
of Highways .
9 . Toxic Substances . The intent of this Standard is to extend
to the general public basic precautions used in industry
dealing with the exposure of workers to toxic materials .
As a requisite to protecting the public health and welfare ,
and especially as that public includes the very young and
other sensitive members , the environment should be kept
free of unnecessary concentrations of these toxic substances
by using the best practicable control and process technology
in all phases of manufacture and handling and by a sincere
commitment to good housekeeping practices .
1 . The ambient air quality standards specified in Regulation.
I of the Puget Sound Air Pollution Control Agency ( PSAPCA)
shall apply to all air contaminants specifically listed
therein .
2 . Those toxic substances not specifically listed in
Regulation I of the PSAPCA , but released into the
ambient air shall be in accordance with the fractional
quantities set forth in §§4-734. 9 . 3 , and 4-734. 9 . 5 and
for those toxic substances listed in the most current
publication entitled Threshold Limit Values , of the
American Conference of Governmental Hygienists (ACGIH ) .
3 . The concentration of a single toxic substance measured
in an air sample shall not exceed 1/50 of the Threshold
Limit ValueOr. Ceiling "C" Limit Value at the lot lines
or 1/ 100 of the Threshold Limit Value or Ceiling "C"
Limit Value at the lot-district line. The concentrations
of two or more substances shall be considered as in the
publication of ACGIH .
4. Those carcinogenic substances listed in Threshold Limit
Values having no listed threshold limit value shall not
be detectable by the most sensitive method in air samples
taken at the lot or lot-district lines .
5 . The samples shall be taken by a qualified person as per
the publication of the ACGIH and the concentrations of
toxic substances shall be measured in a certified
laboratory or facility at the request of the administrative
official .
10 . Traffic and Access Control . The intent of this Standard is
to promote the safety of travel on public streets in industrial
areas where dense and variable traffic flows cause additional
hazards to persons and property and to provide for uninterrup-
table access to al.l properties and neighbors of a potential
major fire , emergency or hazard .
1 . All lots used by an industry of recognized higher risk
shall be served on at least two sides by accesses
dimensional equal to an industrial access street . Such
accesses shall be continuously open to City Departments
for clearing or repair at the owners expense .
2 . When on-site emergency access is required for fire or
other emergency equipment , a through route shall be
provided and maintained in a free and open condition at
all times , with an exit from the lot different from the
entrance and separated by at least three hundred ( 300 )
feet when not on opposite sides of the lot .
-9-
3 . A definitive traffic flow pattern shall be provided
on the property for. al l traffic ; both :.truck .. and auto- '
mobile , such that all traffic shall cross ' lot lines
travelling in a forward direction . Curb-cuts ,shall • . S
be kept to a ' minimum on •both number and width consis-
tent with the property traffic flow pattern.. - .
4 . Necessary transportation - between . differ.,ent , parts•. of '
the' same'' bui l di ng or complex of buildings when
located on one continuous l:ot . sha l:l be - by. pri vate . .. •
access 'routes , confined to the " property so as to •
not cause -unnecessary congestion ;or, hazardson
public streets . Such .on-site access . routes. shal'l ,
_be located at a . di stance- of, a l east:.ten . (10).': feet ,
or. on ' the property side of: any requi red._ pl anting
strip , from all pedestrian sidewalks or edge ,of.,.,. •
public right-of-way :
5 . Provisions shall be made for the separation of-parking ,
of private automobiles. .fromHany space or ; area : used'
for maneuve,ri ng , 'parking or :loading or-"any truck ,
vehicle or trailer 'either while attached".to • or;' . .
unattached from any mover . " : . ' " . ' .
6 . Any fire or emergency access , including tut not ,
limited to §4-734 :10 .2 shall conform with. the' recom-
, mendations of the Renton Fire Department ,and.:together
with a ' traffic fl ow.'patter.n , when . required , shall' be
clearly defined on a site plan . • •
7 . Overpasses extending over a ' publi,c -right-of-way shall
t be limited to pedestrian foot traffic except.-that
conduits for the transmission of information may, be .
included if concealed within the primary structure .
of the overpass . The design , lighting and landscaping
of such structures shall clearly exh,ibita high level
of aesthetic ' design and furthermore shall . be . reviewed '
and approved by the Planning Department. , : • • .
8. All on-site surfaces used for daily traffic within
the lot or as a part of the traffic flow pattern ,
required in . §4-734 . 10 . 3 'shall ' be paved : and ,maintained;.. •
in a good condition with an • asphalt . surfacing , ' or - its -
• equivalent if approved 'by the administrative official ,
to- prevent the generation of dust or . the tracking of
mud onto public right-of-ways . "
•
11 . Sound , The intent of this Standard is to -.estab.lish.:maximum ,
sound levels for industrial sources as received inl' other :
properties of- the same or different environmental =use
designation . This is accomplished ' by implementing the sound ,
level requirements .of the Washington Administrative ,Code
as it applies to industrial sources of sound and ' all ; sound
• receptors . . . .
1 . The regulation of industrial sounds as setforth ' in •
Chapter 173-60 of the Washington Administrative Code
.(WAC)', "Maximum Environmental Noise : Leve'ls "",. is ' hereby
incorporated by reference .
2. The Classifications for Use Districts ( Zoning Codes )
of 'the City of Renton shall be assigned the Environmental
. ' Designation for Noise Abatement ( EDNA) Codes as follows :
EDNA Class A; S- 1 ; G , GS- 1 , G-9600 ; " G-8400 .
SR- 1 , G=7200 , G-6000 , R- 1 . : .
R-2 , SR-2 , R-3 , R-4'; . T , P-1 ,
EDNA Class" B ; B-P , B- 1
EDNA Class C ; L- 1 , M-P , H- 1:
3 . The sound level of an ' industrial ' ( EDNA%Class .C ) . sound
source when measured i"n' the prescribed manner and location
shall not exceed those values given in -Schedule 4-734 ."11-1 ..
All maximum soundlevel values for impulsive sounds
shall - be reduced five ( 5 ) decibels when measured •'with a
' A-weighted network .
-10-
Schedule 4-734. 11- 1
PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES
FROM EDNA CLASS C (INDUSTRIAL) SOURCE
•
EDNA CLASS MAXIMUM DURATION IN APPLICABLE
OF RECEPTOR SOUND LEVEL1 ANY ONE-HOUR HOURS3
(dB(A) ) PERIOD (min )
A 60 Continually 7am - 10pm
A 65 15
A 70 5 1152
A 75 135 7am - 10pm
A 50 Continually 10pm - 7am
.. A 55 15
A 60 _ 5 } 152
A 65 11/2 10pm - 7am
B 65 Continually All
B 70 15
B 75 5 1152
B 80 12 All
C 7.0 Continually All
C 75 15
C . 80 5 152
C 85 13 All
z'. Source : Chapter 173-60•, Washington Administrative Code
"Maximum Environmental Noise Levels " .
2'r Total not to exceed 15 minutes in any one hour.
3: The lower noise levels in EDNA Class A apply on all hours
of the weekends and 'holidays .
-11-
4. The hours of lower sound levels shall be extended in
EDNA Class A environments for all hours of the weekend ,
from midnight Friday to midnight Sunday , and the
following holidays , as officially observed by the
City of Renton : New Year' s Day , Independence Day ,
Labor Day , Thanksgiving Day and Christmas Day.
12 . Liquid Waste . The intent of this Standard is to preserve
and enhance the quality of the environment and protect the
public health and welfare ,by preventing the disposal of
liquid industrial wastes by unacceptable methods and in
unapproved' areas . .
1 . The discharge of all waterless liquid..waste :shall be
subject to the conditions of §4-734 . 12 . 3 and/or disposed
of by a liquid waste disposal company .
2 . The discharge of any water containing liquid , gas or
solid wastes in solution and/or as a mixture into any
part of the natural water system' shall comply with
the standards and compatibility requirements of the
Washington State Department of Ecology or any successor
department or agency thereof. •The '.administrative
official shall be supplied .with. a true copy of any and
all discharge permits issued to the facility by the
State of Washington Department of Ecology.
3 . All wastes discharged into a sewerage system shall
comply with the applicable regulations of the City
of Renton and The Municipality of Metropolitan Seattle
Sewerage System governing the control and disposal
of industrial waste .
4 . All liquid wastes undisposable by treatment , after
treatment , or by sewerage system shall be disposed of
on a scheduled basis clearly related in both rate and
magnitude with the industrial process or source generating
the waste .
5 . Upon the request of the administrative official the
industry shall provide substantial proof of having
disposed of liquid waste , falling in the categories of
§4-734 . 12 . 4 equal to or greater than 'eighty (80 ) percent
in either volume or weight of the amount generated during
the previous six (6 ) months of operation . Should the
generation of such liquid waste be on a sporadic basis
then the industry shall provide the administrative official
with written evidence of substantial compliance with
this subsection .
6 . The release of odorants or gaseous wastes from liquid
wastes awaiting disposal shall be prevented by using
adequate means of storage and all other reasonable means
necessary.
7 . Any treatment of liquid waste solely for the purpose of
disposal shall be permitted when the generation of any
solid or gaseous wastes is adequately handled in com-
pliance with these Standards and all other rules and
regulations of state and regional agencies . Such treat-
ment shall employ the best practicable control currently
available to industry . Liquid waste shall .i'•nclude
surface runoff waters as per Section 4-734 . 8 when
contaminated with chemicals , oils ,or •other toxic substances .
13 . Light and Glare . The intent of this Standard is to afford
the public the safety of adequate lighting while avoiding
unnecessary glare and exposure to excessive outdoor illumina-
tion which may create a hazard or unreasonably interfere
with the relaxation and enjoyment of public open spaces ,
right-of-ways , and normal residential activities and pursuits .
1 . Illumination levels shall be measured with a photoelectric
photometer ( light-meter) having a spectral response
similar to that of the human eye , following the standard
spectral luminous efficiency curve adopted by the
International Commission of Illumination .
2 . The illumination from all sources located ,on a lot
shall have the maximum value of eleven ( 11 ) lumens
per square meter outside of lot lines and six (6 )
lumens per square meter outside the district line .
In all cases of conflict the district lines value
shall apply .
- 12-
3. . The intrinsic brightness of any source visible beyond
the district lines shall have a maximum value of fifty
(50) candles per square centimeter.
4. Intermittent , rotating or flashing lights of an intrinsic
brightness greater than two (2') candles per square
centimeter- and with a frequency greater than once in
any five (5 ) second time period shall not be visible
beyond district lines unless for the sole purpose
of alarm or giving warning .
14. Odorants . The intent of this Standard is to prevent the
occurrence of certain offensive odors in the environment
by limiting the concentration of chemical compounds which
are known to produce strong olfactory responses . This
Standard does not attempt to determine the intrinsic or
subjective good or bad qualities of an odor, but only that
the concentration of specific constituent compounds are
above adopted values which have been accepted for the
health and well being of the general public.
- 1 . The concentration of specific compounds listed in
Schedule 4-734. 14-1 shall not exceed the odor
threshold values in two consecutive air samples .
Three air samples are to be taken over a two (2 )
hour period , one sample each at the beginning and
end of the test period and one sample near the time
midway through the sample period . The administrative
official may establish the time of the sample period .
2 . The location for taking the three samples shall remain
fixed during the test period and shall be at a point
outside lot lines , at ground level or habitable eleva-
tions and a safe and reasonable place consistent with
the location of the reported violation .
3. Monitoring shall be undertaken only upon receipt of
a complaint made by a person who resides , owns property ,
or is employed in the area affected by the complained
of odors , unless the area is designated as a public
use area whereupon all complaints will be accepted .
4. When more than one concentration is listed for a
substance in these Standards , the more stringent shall
apply.
5 . The samples shall be taken by a- qualified person and •
the concentrations of odorants shall be measured in a
certified laboratory or facility at the request of the
administrative official .
6 . Nothing in this Standard shall be construed to impair
any cause of action or legal remedy therefor of any
person ; or the public for injury or damages arising
from the emission of any odorant in such place , manner
or concentration as to constitute air pollution or a
common law nuisance.
15 . Hazardous Materials . The intent of this Standard is to
provide adequate separation between highly flammable or
explosive materials • used in industries of a recognized
higher risk and the neighboring properties and public areas ,
total containment of all highly flammable, toxic and
polluting liquid materials , limits for the stored quantity
of highly flammable and explosive materials as a function of
property area , and all other reasonable safety measures
deemed necessary for the protection of people , property ,
and the environment from the threat and destruction of fire
and/or explosion , and to prevent encumbering adjoining
properties with burdens which are related to the hazards
of highly flammable and explosive materials .
1 . An industry shall not impose economic burdens such as ,
but not limited to higher insurance rates and/or
operational limitations upon neighboring• facilities
due to its location and hazardous nature . All necessary
modifications shall be made to both such characteristics
and the site plan so as to not impact neighboring
facilities .
-13-
•
Schedule 4-734. 14-1
ODORANT CONCENTRATIONS FOR SPECIFIC -
CHEMICALS IN CLEAN AMBIENT AIR l. .
ODOR THRESHOLD1
No . POLLUTANT ,
•
(ppm) (m9/m3 )
•
1 Acetone • 320 - 770
2 Acrolein - 15 35
3 . Allyl disulphide 0 . 0001 • 0 . 00006
4 Allyl mercaptan . 0 . 00005 . . 0. 00015
5 . Ammonia 0 . 0371 . 0 . 026
6 Amyl alcohol . 10 35
7 Apiole 0. 0063 . 0. 057
8 Benzene • 60 . . 180
. 9 i -Butanol 40 120
10 n-Butanol • 11 • - 33
11 . i -Butylacetate 4 .17
12 n-Butylacetate . 7 - ,• . 35
13 n-Butylformate 17- ' . ' 70
14 Butyric acid . 0. 0.0028 - 0. 000001
' - 15 Camphor - 16 100
16 Carbon disulphide 7 . 7 - 23
17 - Carbontetrachloride • 200 1260
18 Chlorine , 0 . 01i . 0. 029
19 . . Diacetyl 0. 025 -. . .. 0 . 088
20 1 , 2-D.ichloroethane . 110 . 450
21 Diethylketone .9 33
22 Dimethylami. ne 6 _ 11
23 ' Dimethyl sulphide 0. 02, • 0'. 051
- 24 , . Dioxane 170 . 620 . .
25 Ethanol 50 . 93
26 . Ethylacetate 50 180
27 . Ethyleneglycol . . 25 . 90
28 - Ethyl mercaptan 0 . 000016 . . 0. 00004 •
29 Ethyl . selenide 0 . 000062- . 0 . 00035
30 . Ethyl selenomercaptan 0. 0000018 . • 0. 000008
31 Ethyl sulphide 0 : 00025 ' . • 0. 00092
32 Heptane 220 930
33 . , Hydrogen selenide 3 10 .
34 . • Hydrogen sulphide • 0. 0011 ' . . . 0 . 0015 -
35 • . Iodoform . 0 . 00037 0. 0061
. 36 Ionone 0. 000000059 0 ,00000046 -
37 . Methanol 5900 . .- 7800 . .
38 • • Methylacetate . . 200: ; 550
39. - Methylenechloride 150 ; - : 550 -
. 40 . - Methylethylketone - . 25. , - - 80
41 Methylformate _ 2000 5000,- . • .
• 42 - Methyleneglycol 60 • 190: -
43 Methyl -i -butylketone . .8 . 32 .
44 Methyl mercaptan . 0 . 0011 0 . 0022
45 Methylpropylketone . . 8 . . 27
46 . . Octane 150 710
47 . Ozone . • 0 .,1 , . 0 . 2
48 . . Phenol , . 3 , 12
• 49 ' i -Propanol 40 : 90
50 n-Propanol 30 • . 80
• -14 •
-
Schedule 4-734. 14-1 (cont ' d)
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD
No . POLLUTANT
(ppm) (mg/m3)
51 i -Propylacetate 30 140
52 n-Propylacetate 20 70
53 Propyl mercaptan 0 . 000075 0 . 00023
54 Pyridine 0 . 012 0 . 04
55 Skatole 0 . 000000075 0 . 0000004
56 Sulphur dioxide 30 79
57 Tetrachloroethylene 50 320
58 Tetrahydrofuran 30 90
59 Toluene 40 140
60 1 , 1 , 1-Trichloroethane 400 2100
61 Trichloroethylene 80 440
62 Trimethylamine 4 96
63 Valeric acid 0 . 00062 0 . 0026
64 Vanillin 0 . 000000032 0 . 0000002
65 Xylene 20 100
1 ppm is parts per million at 20 ° C and 760 Torr
mg/m3 is milligrams per cubic meter
- 15-
2 ., An industry or facility storing for its ' own use or
redistribution any highly flammable toxic or polluting
liquid of a capacity equal to or greater than the
lesser of that quantity sufficient to result in a
flow across lot lines or a quantity of fifteen ( 15 )
cubic inches per square foot of total lot area shall
construct a permanent continuous barrier surrounding
all buildings , structures and facilities which could
contribute to the flow. The storage in liquid form
of those materials which are normally in a gas phase
at ambient temperature and atmospheric pressures
shall be contained within a barrier unless determined
by the administrative official that dispersion of the
resulting gas or aerosol would be less hazardous . The
capacity of the space within the barrier shall be one.
hundred ( 100) percent of the maximum possible volume
of stored liquid and the top of the barrier shall be
at least one ( 1 ) foot above this liquid level . The
barrier shall be designed and constructed in such
a manner that there is , no visible leakage on or below
any portion of the exterior surface of the barrier
which is below the level of the confined liquid
after a forty-eight (48 ) hour period . A report on a
test of a typical barrier section constructed to full
scale shall be prepared by a licensed engineer and
submitted as proof of the design .
3 . The barrier shall be of earthen material with two
sloping sides extending to grade level without any
vertical cuts or retaining walls . The top of the barrier
shall be flat . The barrier shall have a maximum
vertical height of four (4) feet when measured between
the grade level at the internal toe -Co the top . The
slope of the sides and width of the top shall be
according to accepted engineering design for holding
ponds . The design of the barrier shall minimize the
likelihood of damage by major earthquakes whose
epicenters are located in the Pacific Northwest . All
ingress into and egress from the inner side of the
barrier shall - be over the barrier top. The roadway
shall be constructed so as to not weaken the barrier
or decrease its resistance to earthquake damage .
When the barrier and landscaped berm are one and the
same structure no vertical cuts or retaining walls
shall be allowed in the common structure .
4 . On-site fire suppression systems shall be fully auto-
matic with manual overrides from at least two locations
outside the barrier. The fire suppression system
shall be connected to Central Dispatch of the City of
Renton by means of a Remote Station Protecting Signaling
System , in accordance with the specifications of the
National Fire Code , Volume 7 , of the National Fire
Protection Association .
5 . The manufacture and/or storage of explosives or blasting
agents shall comply with the quantities and locations
setforth in Schedule 4-734 . 15-1 as per type of explosive ,
quantity to be manufactured and/or stored and the
distances from the lot lines . The quantities are the
maximum amount that shall be allowed for any one company ,
facility or site . The stated distances are the
minimum that shall be allowed .
6 . The manufacture and/or storage of explosives , blasting
agents and similar such substances shall comply with
all other conditions and regulations setforth in Title 7 ,
Chapter 6 , " Explosives " of the Revised and Compiled
Ordinances of the City of Renton and in the "Washington
State Explosives Act" , Chapter 70 . 74 of the Washington
Administration Code .
7 . The best practicable control shall be used for the preven-
tion of fires and explosions , for the detection of fires
and other related hazards , and for the protection of life
and property from fires , explosions and their related effects .
- 16-
•
Schedule 4-734. 15- 1
QUANTITY AND DISTANCE FOR.
EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE
/
EXPLOSIVE QUANTITY DISTANCE FROM i LOT LINES
, MATERIAL1 POUNDS POUNDS
OVER NOT OVER FEET
Explosive,Class 0 5 280
0 5 1
280
Blasting
Agents . 5 10 360
10 20 440
20 30 500
Explosive 0 5 210
Class B and C 5 ' 10 27,0
10 20 330
20 30 380
30 40 420
40 ' 50 450
Definition and classification as per "Washington State
Explosive Act" , WAG' 70. 74 , as amended by Chapter 72 ,
Laws of 1970.
•
-17-
8. The dyke required by the Uniform FireCode (with a
minimum holding capacity of 100% of the single
largest tank) and the barrier required by the Bulk '
Storage Regulations, (with a .holding capacity of
100% of the total capacity of all tanks plus one
' foot) shall be separated by at least one hundred
( 100) feet for the safety of firefighting personnel .
Such separation shall be measured from the external
toe of the dyke to: the internal toe of the barrier
or from the setback line when the internal toe of
the barri.e'r, i s closer to the propertyI l i ne. than the
required setback.
9. The requirements for a barrier , landscaping and
opaque screen and/or berm are encouraged to be
combined into a single configuration similar to
that shown in Figure '4-734 .,5-1 (b.) . The required
opaque screen may be satisfied by ..a, properly
designed security fence .. . . I
10 . All exposed ground surfaces within structures intended
for the containment of spills shall be impervious to
those stored and/or handled liquids which -may result
in the contamination of the , underlying soil. The ,
ground surfacewithin the barrier shall be impervious
unless all potential points of spill have inter-
mediate containment structures . Contaminating liquids ,
shall also include solid chemicals when readily
soluble in water and transportable into the subsoil
by dissolution in su.rface water. The impervious
area in the case of such, ' contaminated (surface water
shall be determined by intercept points in an approved
drainage system.
16. Gaseous, and Particulate Emissions . The intent of this '
Standard is to limit the unnecessary generation of all
air contaminants , to decrease the annual emissions from
stationary sources and all related transfer operations
on the site by controlling land-use intensity and requiring
the use of the best practicable control of the emission
of air-borne contaminants to achieve and maintain a
healthful environment of clean air.
1 . Process methods and procedures currently available
in industry which are known to cause fewer in number
and lesser, quantities of air contaminants , shall be
used in all cases.. In addition the best practicable
control shall be used for the control and removal of
air contaminants .
2 Compliance with §4-734 . 16 . 1 does not relieve the
owner or operator of the facility of the responsibility
of meeting the requirements of Regulation I of the Puget
Sound Air Pollution Control Agency.
3 . It shall be the responsibility _of theideveloper of
the facility to ascertain the information required in
§4-734. 16 . 1 and to report such 'finding to the
administrative official .
4 . The emission of specific substances into the air shall .
be limited to the total annual and spatial density ,
relative to land-use for each facility as setforth in
Schedule 4-7.34 . 16- 1 .
5 . A facility shall be capable of achieving a condition of
near-zero discharge during an alert or higher stage of
declared air pollution episode and shall employ all ,
operational and technical means to reach the lowest
physically possible quantity of emissions during the
entire alert period . It shall be the ;responsibility
of the administrative official to enforce a reducit.on
in t'he process weight to comply with this restriction .
6 . All ground surfaces' not included i'n developmental .coverage,
left in an undisturbed condition of natural flora , or
required landscaping which may contribute to the amount -
of airborne particulate matter shall be suitably covered
by hydroseeding or' the equivalent with grasses or other
vegetation to prevent the generation cif dust .
-18- .
f
r ,
- 7 . All. new facilities 'or 'expansion of existing facilities ,
unless exempted by the limitations in Schedule 4-734. 16- 1 ,
shall provide an initial report covering the emission
of those specific substances listed in Schedule 4-734 . 16-1 .
The report shall cover the first three (3) months of
operation and shall be. filed with the administrative
official within thirty - (3.0) days after the end,:of the
reporting- period. The report shall enumerate all sources
by type or category contributing ten ( 10) percent or
more of the total Omission for each specific. substance.
The total of all sources contributing less than ten ( 10)
percent individually- maybe grouped as one entry and ' if
so shall .. specify ' the number of sources included . The
report shall contain such. information or analyses.. as
will' disclose the reported values of "the emissions
which are or may be discharged by such source . The
report shall be certified by' a licensed engineer.., :
8. - Each emission greater than twenty (20) percent, of{ the
"annual weight per facility" or "spatial density" ,
computed on an annual basis , as reported in §4-734. 16. 7
shall be reported thereafter on a quarterly basis until
such time as the total weight of the specific emission
drops below and remains below the twenty ( 20) percent
specified above . Such reports shall be due and filed
with the administrative official within thirty ' (30)
days ' after the end of the reporting quarter . The
beginning and ending dates of each quarter shall be
established by the administrative official .
9 . Each facility subject to this Standard shall be respon-
sible for notifying the administrative official of
all new initial emissions of a substance listed in
Schedule 4-734. 16- 1 and all increases in, emissions
from new or old sources which will raise the emissions
of that specific substance for existing sources ,
above the twenty (20) percent level specified in §4-734. 1.6. 8.
Such notification will be in a report as per §4-734 . 16 . 7 .
10. In addition to such reports as required in §4-734 . 16 . 7 ,
4-734. 16 . 8- and .4-734 . 16 . 9 , the administrative official
may designate and employ a licensed engineer. of his
choice to make an independent study and' report as to the
type and quantity of emissions which are or may be
discharged from the source . The administrative official
shall be authorized to enter and inspect the facility
upon a. showing of need and upon the owner ' s permission
or upon court order.
11 . The site of bulk storage facilities emitting any of those
Substances listed in Schedule 4-734. 16-1 shall comply
with the following limitation on location . No new
facility or expansion of an existing facility shall be
permitted within five thousand ( 5000) feet or existing
bulk storage facilities if their combined emission
for any of the listed substances exceedstwo (2) times
the permitted annual emission of the 'substance for a
single facility. The emissions of applicable existing
facilities shall be reduced as per §4-734 . 16 . 12 .
12 . AlT existing bulk storage facilities on - the effective
date of this Ordinance and emitting more than the maximum
permitted emission of any listed substance shall• be assumed
as having the maximum permitted emission for the purpose
of calculating the locational density of facilities
as specified in §4-734 . 16 . 11 . For the purpose of this
Standard existing bulk storage facilities shall include
those facilities for which substantial construction , other
than site preparation , is in progress and as determined
by the administrative official .
13. All existing facilities qualifying under §4-734. 16 . 12
shall comply with the emission standards 'setforth in
Schedule 4-734 . 16-1 within three ( 3 ) years of the
. effective date of this Ordinance . A one time extension
of up to two ( 2 ) years may be granted by the administrative
official upon the showing of good cause why compliance cannot
be achieved within the specified time period .
-19-
•
Schedule 4-734.-16=1
TOTAL ANNUAL EMISSION AND SPATIAL DENSITY
OF SPECIFIC SUBSTANCES
•
MAXIMUM
MEASURED WEIGHT PER SPATIAL
SUBSTANCE AS FACILITY DENSITY1 LIMITATIONS
(Tons/Year) (Units/Acre )
}
Hydrocarbons Carbon 100. 0 .9!. 00 Tons None
Watervapor
Sulfur Oxides
Nitrogen Dioxide
The annual emission per facility ,and
Carbon Monoxide . spatial density shall be equivalent to
the allowable emissions and ambient
Photochemical air concentrations established in
Oxidants Regulation I of , the Puget Sound Air
Pollution Control Agency .
Suspended
Particulates
Arsenic
• i
/ . Fractions of an acre shall be, alloted an 'equivalent portion of
the emission and rounded out to the nearest significant figure
as shown in the table . .
-20-
p
14 . Emission control shall be required of those specific
q p
substances for which a report is required as per
§4-734. 16. 8. Sources and/or points of emissions
within the lot lines shall be suitably controlled
to result in a reduction or recovery of emissions
with an overall efficiency for the facility of
ninety (90) percent or -greater when compared to the
uncontrolled facility and when the equipment and tech-
nology ' are readily available . Sources and points
of emission shall include the carrier vehicle and
transfer mechanism when actively engaged in loading
or unloading operations . Control shall include , but
is not limited to ; vapor recovery systems for
volatile liquids and hoods or fully enclosed buildings
with exhaust fans and filters or their equivalent
for transfer operations generating airborne
particulates . Such emission control shall be required
even though the emissions of the bulk storage facility
are below the maximum permitted levels .
•
II
al
-21-
SECTION II : 4.
Existing Section 4-702 (Definitions) . of. Title IV (Building
Regulations) of Ordinance No . 1628, entitled "Code of .General
Ordinances of the City of Renton " is hereby amended to add
the following definitions.:
Sections 4-702( 25) through 4-702( 55) as added :
(25) "Administrative Official " : The individual (s )
in the Developmental Services Division of the
Public Works Department, or his designee , so
designated to administer the various Performance
Standards as set forth by ordinance.
(26) "Alert" : The lowest stage of anAir Pollution
Episode and declared by the Department of Ecology.
( 27) "Blasting Agent" : Any material or mixture con-
sisting of a fuel and oxidizer , intended for
blasting , not otherwise classified as an explosive , ,
and in which none of the ingredients are classified
as an explosive , provided that the finished product ,
as mixed and packaged for use or ! shi,pment , cannot
be detonated when confined by means of a No . 8
test blasting cap.
(28) "Bulk Storage" : The holding or stockpiling on
land of materials and/or products according to
all the following five conditions : '( 1 ) in a bulk
form or in bulk containers ; ( 2) under protective
cover to the essential exclusionlof other uses
of the same space due to specialifixtures or
exposed to the elements ; ( 3) in sufficient numbers ,
quantities or spatiallallocationjorthe site to
determine and rank such uses as the principal use
of the site ; (4) the major function is the
collection and/or distribution of the materials
and/or products rather than processing ; and ( 5)
the presence of fixed, bulk containers or visible
stockpiles for a substantial 'period of a year .
A. Bulk storage facilities include , but are not
limited to :
1 . Automobile holding and transfer depots . .
2 . Equipment or machinery of the stationary
type not in use , not mounted on necessary
foundations or connected as required when
during use , not designed and used as portable ,
and not stored in a warehouse . This does not
include operable motor vehicles or wheeled
equipment used only periodically or for sale.
3. Fuel yards , wholesale .
4. Grain- or feed silos , elevators or the open
storage of grain and feed .
5 . Log , random cut and chipped wood by-products
storage .
6 . Sand and gravel yards including sizing , '
transfer and loading equipment when present .
-22-
4
7 . Scrap or junk yards and wrecking. yards.
8. Solid waste holding and disposal areas .
9 . Tank farms including distribution and loading
systems,.
B . Bulk storage facilities include those facilities
which meet the following two conditions :
( a) at least forty (40 ) percent of the developed
area of the site is used for bulk storage ; and
(b ) the bulk storage area is at least one acre .
Such facilities include , but are not limited to :
1 . Brick or tile_ storage and manufacturing of .
2 . Concrete block and products storage and
manufacturing of
3 . Contractor equipment yards .
4. Foundaries'. ,
5 . Lumber mills and wholesalers .
C . Bulk storage facilities exclude :
1 . Land banks , greenbelts , watersheds or
public water reservoirs .
2. Parking lots or structures for' private
licensed automobiles .
3 . Ship yards .
4 . Warehouses alone or in conjunction with
manufacturing on the site and when not
including any of the uses in 4--702( 28)A,
listed above .
(29) "Capacity" : The volume of a liquid which could be
retained within the dyked area without ,a breach of
the dyke a't any point.
( 30) "Ceiling "C" Limit Value" : A maximum concentra-tion
of certain airborne materials which apply to the
conditions state in Threshold Limit Value and
adopted by ACGIH.
( 31 ) "Certified" : A facility and staff qualified and
able to provide certain tests and measurements
relating to specific tasks and traceable to
established standards-. '
-23-
( 32) "Conduit" : A tube for pneumatic shuttles , a pipe
for coaxial cables , a waveguide , a closed path for
laser transmission , fiber optics , or similar function .
( 33) "Container" : A structure of any size ' made or used
solely to hold or enclose a specific substance .
( 34) "Daily Traffic" : An average of at least one 'motor
vehicle crossing in one- direction periworking day
for any continuous thirty day period . ! -
f ( 35) "District Line" : A boundary designating the various
use-districts or zones . Where the boundary is between
use-districts of a similar character such that the
proposed facility could be located ini-either use-
district then the next outer district + boundary from
the facility is to be considered the "district line"
for the purpose of these Standards .
( 36) "Explosive" : Any chemical compound or mechanical
mixture that is commonlyused or intended for the
purpose of producing -an explosion , that contains -any
oxidizing and combustible units , or other ingredients
in such proportions , quantities or packing that an
ignition by fire , by friction , by concussion , by
percussion , or by detonation of any part of the .
compound or mixture may cause such a sudden generation
of highly heated gasses that the resultant gaseous
pressures are capable of producing destructive effects
on contiguous objects or of destroying life or limb .
In addition , the term "explosives " shall include all
material which is classified as Class1A ,- Class B',
and Class C explosives by the federal department of
transportation ; provided , that for ' the purposes of
this definition , small, arms ammunition and small arms
ammunition primers shall not be defined as explosives .
( 37 ) "Hazardous " : See "recognized higher risk-. "
(38) "Highly Flammable Liquid" : . Any liquid of Class. I or
II as specified under Flammable Liquid in the latest
edition of the Uniform Fire Code published by the
International Conference .of Building Officials and
the Western Fire Chiefs Association . j
( 39 ) " Impulsive Sound" : A sound of less than one ( 1)
second duration , with an abrupt onset;:and rapid .
decay and with a peak intensity of at; least ten ( 10)
decibels , on the A-weighting network , , greater. than the
background sound l-evel . The background sound level
is the average of the range ' observed for a five ( 5)
minute period no more than one ( 1) hour prior to the
measurement of the impulsive sound .
- j
(40) " Industrial Access" : A type or class , of ' street
specified in the Renton Subdivision Ordinance ,
Section 9- 1108 . 7 , Table 1 (Minimum -Standards for
Development) .
(41 ) "Licensed " : An engineer holding a valid Washington
State Professional Engineering License or a professional
person holding an appropriate and valid Washington
State License .
-24
(42) "Lot-district Lines " : The lot line of property when
it is congruent with the district line or when the
lot line and district line are so situated that the
lot line acts as the limit of development for the
zoned use , such as a street right-of-way between the
lot line and district line . Where the district line
is congruent with the City Limits the zoning and use
beyond the City Limits shall be given the same
consideration as the City ' s zones .
(43) "Natural Water System" : Any and all .parts of the
hydrologic cycle independent of size and residence
time . The meaning includes "waters of the state"
as defined in RCW 90. 48. 020.
(44) "Near-zero •discharge" : The closest currently
possible approach to the ideal "zero-discharge" .
(45) "Neighboring Facilities " : Those facilities which
share some common regional element of the natural
environment and includes more than adjacent or
nearby facilities .
( 46) "Odor Threshold" : The concentration of an odorant
in clean ambient air which is said to produce an
olfactory response in most people .
(47) "Qualified" : A person who , by possession of a:
recognized degree , certificate , or professional
standing , or who by extensive knowledge , training
and experience , has successfully demonstrated his
ability to solve or resolve problems relating to
the subject matter , the work , or the project .
(48) "Recognized Higher. Risk" : The handling , processing
or storage of flammable , explosive , blasting or
toxic agents and their related processes and/or
activities which are generally considered as high
hazard occupancy by agencies and/or publications ,
which include but are not limited to , the
Washington Surveying and Rating Bureau , the
American Insurance Association as per its Fire
Prevention Code and National Building Code as
the same may be amended from time to time or the
Uniform Fire Code as the same may be amended from
time to time as posing a higher risk on its
neighbors and/or adjacent or nearby properties ,
natural or man-made waterways or which may tend
to endanger environmental qualities before
special actions are taken to mitigate adverse
characteristics .
( 49) "Roof" : Any cover made of a material or type of
construction so as to be impervious to water and
erected so as to delineate a fixed volume over a
permanently defined location for shielding the
space underneath from the natural elements . • •
( 50) "Threshold Limit Value (TLV) " : The concentration
of certain airborne materials representing conditions
under which it is believed and adopted by the
American Conference of Governmental Industrial
Hygienists' (ACGIH ) , that nearly all workers may be
repeatedly expose.d day after day without adverse
effects . .
-25-
f•
( 51 ) "Toxic Substance" : Those materials listed and
documented by the American Conference of Govern-
mental Industrial Hygienists (ACGI.H ) .
( 52) "Visible Leakage" : The leakage of a liquid in
sufficient quantity to form beads , rivulets , or
trickles , but more.. than just a moistening of
the surface .
( 53) "Warehouse" : A building entirely enclosed by a
roof and solid walls , except for windows and doors ,
and used to enclose and protect materials and goods .
The walls of such a building are not used to hold
or restrain goods in a bulk form.
( 54) "Waste" : Any material , other than products not
having an immediate market and/or value , and/or
no further use or resource to the industry creating
such material .
( 55) "Wildlife Habitat" : An area officially recognized
and/or dedicated by the City , the State or Federal
Government for the, propagation and benefit of
wildlife .
-26-
ap 4•
SECTION III :
This ordinance shall be effective from and after its
passage , approval and five ( 5) days after its publication ,
unless otherwise provided for hereinabove .
PASSED BY THE CITY COUNCIL THIS day of 19
Delores Mead , City Clerk
APPROVED BY THE MAYOR THIS day of 19
Avery Garrett, Mayor
Approved as to form :
Gerard M. Shellan , City Attorney
Date of Publication
-27-
PRELIMINARy •
SUBJECT TO REVISION
PROPOSED BULK STORAGE REGULATIONS WITH DEFINITIONS
(TWELFTH EDITION)
SEPTEMBER 4 , 1975
RECOMMENDED FOR ADOPTION
BY
COMMUNITY SERVICES COMMITTEE
CITY OF RENTON
PLANNING DEPARTMENT
REVISIONS
- v
A.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
ESTABLISHING AND CREATING REGULATIONS FOR BULK
STORAGE FACILITIES ; DEFINITIONS TO CLARIFY
CERTAIN TERMS IN THE "ZONING ORDINANCE" KNOWN
AS CHAPTER 7 OF TITLE IV ( BUILDING REGULATIONS )
OF ORDINANCE NO. 1628 KNOWN AS THE " CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON . "
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
RENTON , WASHINGTON , AS FOLLOWS :
SECTION I :
A new Section 4-734 ( Bulk Storage Facilities ) of Title IV ( Building
Regulations ) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton" is hereby created to read as follows :
Section 4-734 , Bulk Storage Facilities as Created :
4-734 Bulk Storage Facilities
1 . Intent . The intent of the regulation of bulk storage
facilities is to allow such facilities in a location
and manner so they are compatible with adjacent properties
and beneficial to the City and in accordance with the
State Environmental Policy Act . It is further the
intent to insure that the safety , health , welfare ,
aesthetics and morals of the Community are maintained at
a high level . Due to the unique characteristics and
problems inherent in making bulk storage facilities
compatible with surrounding properties and environment ,
the City Council finds that. special review of bulk storage
facilities is required to insure the intent of these
regulations ; and the City Council expressly finds that
in the Green River Valley , City of Renton and surrounding
areas there has been a loss in air quality and that a
potential exists for a continuing deterioration in this
air quality due in part to the unique meteorological and
topographic characteristics such as the channeling and
holding of air masses by inversions and the surrounding
hills . This degradation in air quality adversely effects
the liveability and desirability of the City and is
injurious to the health and well -being of its citizens .
Those uses classified as a recognized higher risk have
higher standards applied to them including , but not
limited to , Landscaping , Traffic and Access and Hazardous
Materials . These regulations are to supplement and be
in addition to existing ordinances and code provisions .
2 . Special Permit and Administration .
1 . Bulk storage facilities only may be allowed by special
permit as specified in Section 4-722 ( B ) . The fee for
the special permit for bulk storage facilities shall
be the basic fee plus ten ( 10) dollars for each acre
or fraction thereof .
2 . The Planning Commission is designated as the official
agency of the City for the conduct of public hearings ;
and the Planning Department is responsible for the
general administration and coordination . The Planning
Department shall establish administrative procedures ,
which shall include , but are not limited to : prepara-
tion of. application forms ; determining completeness
and acceptance of application ; and establishment of
interdepartmental review routing procedures .
•
•
,: " :,I I'i{•ir')�1.6.,,._ t5+b' ;'„ ''i :�,by'd e„ .,, „ .4 ,.l'(•,,,,I+p, 4'{, .4t•. '�,
•
• ibil i t 'of'.,I r.,oduci, i nf;ormat,i:on and;
,: '3: :I•,T'h.e ,re.sp,o ns .�, � y,'�,, „P g;•"' `. ,;• , 4,' ,,
: •'. t.o'' e's,'falsi sh' . the ,',pro.p:osed, :b'u,l k 'sto'.rage
comp'1'i es,;;;wi°tfihe standards se;tfor'th' i n;, t;hi 's• section
the appl i cant ,
4 T'he,, P'1;a'nni'n,g, De;par,'t'.men"t,` s'hal,l ;.b,e; ''r'espon'si,bl,e' •'for'„' deter,
mi ni n:g. whether an application 'i s 'a' ,bulk'-,:s'tor�age
as;:d'e+f:i,ned herein,. S'u;ch,„,deci s i on, may '•be appealed to , •
the ', Ci.ty,,, Counc'i:'1, wi.th;,in. `ten ( 10 ),, .c'ale•nda,`ri ':d'ays.,a'fte'r•.
;. , , sach:, .dete,rm"i nati.o'n' ;+upo'n,;':pro,pe'r'
• wi-th; the •:C,i.ty. 'Counci:'1;.
•I fit• ,.i, �, ';. ,4'. ; ,�. , ;r.
• stock, p; '1'es ;of; bu1'k'; m,a,te.ri:aJ•,s; .arnd/or; :pro`ducts' shall be, fo:,rt'y' ,;; ,
' (,4,0 ); 'fe.e:t o'r,: t'h'a.t 'of ',th'e; str;uctur.e.'',h,ei g'ht: of :•the u;nd'er,l;ying''
;'abov,e"' ,ma'nu'fa:ctur;i'n; lasts s;h'allt, n'o't' be. ;'consiyder'e;d,' ;: '•'
; a+s 'b.u•l:k•.'s;t;or;age' .but shall, be clas°si°f'i;e,d;:
structure N.o; ',roof
er;ce;n"t. s'lo, drawn •f•rom:'';fort'y'` i 40 f,o;ot;'h `, h vlerti cal i ' i
s.u.rfa.,ce`s ;c'on't'i„guous to= °fhe;. bas`e-'`of' the stru'ctu're
a'ccesso,ry. items' such as;;' ,b'u.t +no't 'limit•ed ;to+: antennas ', F"; ," '
1 ad,de.rs,; l i g;h,t' 'f-i.xtur,es;;,
he'al 'th' re',1 a.te'd: :i te'm's,, sh,a'l 1 be` 'ex'cl ud'ed;-''from• fhe de'te'rmi`'na''-'
ta';on+l of; •s'tr'uc;ture;••.hei ght ;,;,,; '
;' .'t 'c`'tu.res 'a'nd' b`ul kt.sto.ra' ;e ;• 'e;xc'ept;';'se.c:u•r,
,�, 4, Se'fb':a'c,k's.': , �.A;11: •st"r:u, y .. 9
fences,, op'a:que'"scr•een.s an'd :s-i'gns, shall". be l,o,caated'• ''at l eas:t`
i'x.ty ,(;60 ).',efeet' 'from a"1,l,"4p-u'b'l'i;c', 'r..i;•g;ht=;o'f,='w„ays',' ;wi'l
habitat ,�:'':p u b l,i"c •,a're as',.,;.`p a rk.'s,;`a>'n;d ,-w;a t,e rw'ays w'h.i;c,h 'i.n c'1`'u d e:;. 1:
ve'r;s koes,, .,streams
;chann,e•l s". I,n'',a,l•,l o'.the,r.{: i ns.`t.a'n'ces, the• setb'a,cks s.hal'1',.be'"at ',,•
min n f '1'a;n d's.ca p i.9 9 2;a, .: .,'
a.n d s'c;a p.'i n-6' a;nd' Scree g:
screening is 'to minimize .the. •vi snail' 'impac,•t`",o,f• :,bu;l'k' s.torag
nearby'+.p'r'o,pe,r,ti,.esa;
;t,o ,enh'ance ,the, .i'mag;e; ,o'f,`'the , i_ndustria,l, 'a;re,a`s ,.and:,th:e 4.'C,ity
;;; ;;• .1 -;,"Rec:o,g;ni'zed .Hi,gh'er,''R•i sk;. S.tora,ge. Those; bu'lk;'storage',"uses•,'which , _
,,are.,considered .as; hav:ing;:a •'recognized' higher,,risk' .shal l •have,',.a
ba,r. ri ': as; 'speci;fi'e•d. 'i:n ,'Sec'tion 4`-7.34;.,.1.5:,. � ' f' ,
`'Mate'r'i al.s'',' 'with ';a sc;re.en tha.t,r'i s: a,'t ''1'.eas't.'eighty (80;)%,.'�, •
'percent, opa:q'ue• o`n '.tap` o,f'. the barrier
Teas`t 'twenty,' (2,0) 'feet..;f,r,om th;e property-,;.1.ine' The
`'b''arr'ie;r` shall,, hav'e•' ,a: max.imu,m'.. height 'of,' ,f'o'u,r ;(4 )+:':fe'e't`','wh,en';);•' ' • ,
• ;'' meas'u'red` `as; i;n. §4=.734, ''1'.5;::3 ' T,he' c.o;mbi;ne;d' 'he•i'ght of •,t,he' • . •
fo;'u ,f;o•o t,: :(ma'x;i:m,u.m.) '.,b;a.r'r;i er ,a n1d s'c,re,e
twe"n t five ,(.2 5'), .p e:r;c;e'n,t o f t lye. he i g.h;t, ,o f'.• th'e,:.bu l•k ;
s.t'or'age' °p;ro�vi,ded su'cti'„combination i,s7, .at "l eas';t
. ',;;1" ,' ;;' .:fee't��, h'i,g•h An �opt'i�o',n ajl;'s�ec�'u�r;i ty; fence ,s h�a ,,:�,L 1•t.� , '
least 'a' .tw.e'n'ty ,( 20) foo;t•'';se,'tba'c'k Al'1; '`;a'rea`:s` ;b'etwe,e'n: : ;,, ,
-';; ,the :property• 1'i'nes and :th'e:. screen,'s'hal
e`xc',e;pt' .fo,r i n,g'ress""and,' egres+s • area's an'd;,; ex;ce:pt� when,
eco'nd`:'b'ul k' st:o'rage''''',f,'a';c'i,;l' ty has a 'co,nt',i:,gu.ou,s, "s,'i,de,
rear, ;.property l�i'ne:,•w•i•,th:' an e;xisti n'g' .bul.k'".sto,r'ag,e. facility
• constructed to. the ,•s;t;a>nda:rds ,speci.;f.i ed. i n S'ec.fi,on' '34`.
landscape :p,l,a''n'I 's,h.a':1,1 ,be prepared • by a ,licens'ed '
lands';c''ape;,ar'chi t:ec't''and. approved by t.h,e P;l`a.nni ng `D'ep;a•ralm'ent" ,:
Other.. Bulk Storage Those 'bul.,k • sto.ra,ge• uses not i,ncl uded : • .
' - ' 'i n Section 4-734 5; :T'°ab:o.ve:i sha'1`1 ha•v;e' ',a'- s'cree'n"
,'and' •s;h a t,; ty e i g h t y ('8'0,); 'p er c,e n't ' opaque..
surrounding the p'r,oper 'a'rea-. • e'n•. •sh;a ,l'l , be
a•"t:. feast .twen:ty-five„ ct' ;`Said, screh,i,gh ,.bulk ',
• `•storag;e:'.co'ntainers ;o:r';s'tock piles• ',pro,vide,d • sa'id s,c•re;en' :;
i s' at'.11`e'ast l,f:i '(,5 ) fee,t'; h''ig'h`.' ;.The',. screen
.and, op`ti;o:n.al
secu.ri ty fe;n;ce sh'a1;T: b'e 'a 'a'.t -lea',st, twen'ty;. _
;:(;20;)
'f,eet;, f`rom''al l p,rope'r.,t•y'' l,.setb.i'nes', e'xc.ck ept'. ,t,ha,t' .for t`ho's.e,
"whose,' :',tota•l own:er:s,h';i p is 1;ess
than.'` ;two and one-half ,.(2 2) contiguous acres i n ` a:rea.,
' the Planning,. Depa'rtmen't` may'. .'reduce;, this setback
;r ty (50 ) percent for:•: go'od ',.cause '' and ,•upo'n'",proper. , ';• :';
,w•ri tt`en appl i cat'i;on Al 1 'areas' between the property ,
... ...-- ._. .. .,--,�.. ...r•"'. .:.- .-,,. •
lines and the screen shall be landscaped except for
ingress and egress areas and except when a second
bulk storage facility has a contiguous side or rear
property line that abuts an existing bulk storage
facility constructed to the standards specified in
Section 4-734 provided there is at least a twenty
(20) foot landscaped strip . The landscape plan is
to be approved by the Planning Department . A land-
scaped berm may be used by itself or in combination
with a screen provided the required height is met.
The slopes of said berm shall be at least two (2 )
feet horizontal to one ( 1 ) foot vertical . There
shall be a flat area on top of the berm with a minimum
width of two (2 ) feet. A retaining wall may be substi -
tuted for the, internal side of the berm provided the
retaining wall is approved by a licensed engineer.
3 . Landscaping Maintenance . The maintenance of landscaping
shall be assured prior to the issuance of a building
permit by requiring one of the following four options ;
(a ) the posting of a performance bond for one hundred
fifty ( 150 ) percent of the estimated cost of main-
tenance of landscaping for a three (3 ) year period ,
( b ) the depositing with the City Clerk of a certified
or• cashier ' s check for one hundred fifty ( 150) percent
of the estimated cost of maintenance of landscaping
for a three (3 ) year period , (c ) filing with the City
Clerk a copy of a service contract for maintenance
of landscaping for a three (3 ) year period , or (d )
such other written commitments that will assure satis-
factory maintenance of landscaping for a three (3 )
year period . Any , of the four (4) options above are
to be approved as to legal form prior to acceptance by
the City. Landscaping is to be maintained in a healthy ,
neat manner and shall be subject to periodic inspection
by the City.
• 6 . Signs . The only identification signs permitted shall be
one ( 1 ) sign per street frontage that shall be four '(4 )
feet in height or less , with a maximum of two (2 ) faces
and no more than thirty (30 ) square feet• per face . Such
signs may be illuminated by external lights . Exit and
entrance signs four (4) square feet in area or less may
be placed at street entrances .
7 . Locational Criteria . The Planning Commission shall review
the impact of the proposed use to determine whether it is
compatible with the proposed site and general area . The
Planning Commission may require any applicable Bulk Standard
to be up to fifty ( 50 ) percent more strict than specified
to alleviate a potential problem , providing it shall be
shown : '
1 . That because of special circumstances applicable to
subject property , including size , topography , location
or surroundings and special characteristics applicable
to subject facilities including height , surface drainage ,
toxic substances , traffic and access , sound , liquid
waste , light and glare , odorants , flammable and explosive
materials and gaseous wastes , the strict application of
the Zoning Code and Bulk Storage Regulations is found to
deprive neighboring properties of rights and privileges
enjoyed by other properties in the vicinity and under
identical zone classification ;
2 . That the application of more strict standards will not
be materially detrimental to the subject facility and
will maintain the full rights , privileges and environment
of neighboring properties .
3 . That the application of such modifications shall be
supported by documented evidence of a clear- and
compelling nature to justify such stricter standards .
In the case of hardships affecting the subject property ,
variances to these Bulk Standards may be granted by the
Planning Commission subject to th9 conditions of Section
4-731 (C) ( B ) . .
-3-
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Figure 4-734.5-1(b)
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PLANNING DEPARTMENT
Figure 4-734.5-1(c)
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Figure 4-734.5-1(d)
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Figure 4-734.5-1(e)
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CITY OF RENTON
PLANNING DEPARTMENT
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•
8 . Surface Drainage'. The intent of this Standard is to protect
property from damage and loss due to flooding , erosion and
deposition caused by the adverse alteration of natural
drainage flow patterns and rates , and to promote develop-
, ment practices . which enhance the quality , benefits and
enjoyment of the natural water courses .
.1 . Surface drainage shall be approved by the Public Works
Department and shall comply with the design specifica-
1 - tions setforth in the latest editions or revisions of;
Standard Specifications for Municipal Public Works
Constructign by the Washington State Chapter American
Public Works Association , and Highway Hydraulics Manual
by the Washington State Highway Commission, Department
of Highways .
9 . Toxic Substances . The intent of this Standard is to extend
to the general public basic precautions used in industry
dealing with the exposure of workers to toxic materials .
As a requisite to protecting the public -health and welfare ,
and especially as that public includes the very young and
other sensitive members , the` environment -should be kept
free of unnecessary concentrations of thes.e. toxic substances .
by using„the best practicable control and process technology
in all phases of manufacture and handling and by a sincere '
commitment. to..._ ggood housekeeping practices .
1 . The ambient air' quality standards specified in Regulation
I of the Puget Sound Air. Pollution Control Agency (PSAPCA)
shall apply to all air contaminants specifically listed
therein .'
2 . Those toxic 's'ul?stanc.e.s-. not specifically listed in •
Regulation I of the PSAPCA, but released into the .
ambient- air shall be in 'accordance with the . fractional
quantities- set fprth in §§4-734. 9 . 3 , and 4-734 . 9 .5 and
for those 1Rxic substances listed in the most current
publication entitled Threshold Limit Values , of the
American Conference of Governmental Hygienists (ACGIH ) .
3 . The concentration- of a single toxic substance measured
in an air sample shall not exceed 1/50 of the Threshold
Limit Value Or- Ceiling "C" Limit- Value at the lot lines
or 1/100 of the Threshold Limit Value or 'Ceiling "C"
- Limit Value at the lot-district line. The concentrations
• of two or more substances shall be considered. as in the
publication of ACGIH . .
4. Those carcinogenic substances listed in Threshold Limit,
Values having no listed threshold limit value shall not
be detectable by the most sensitive method in air samples
taken at the .lot or 20t-district lines . '
5 . The samples shall be taken by a 'qualified person as per .
the publication of the ACGIH and the concentrations of
toxic. substances shall be measured in a certified
laboratory or facility at the request of the administrative '
official ..
10 . Traffic and Access Control , The intent . of this Standard is
to promote' the Safety 'of travel on public streets in industrial
areas where dense and variable traffic flows cause additional
hazards to persons and property and to provide for uninterrup-
table access - to all properties and neighbors of a potential
major fire , emergency or hazard .
1 . All lots used by- an industry of recognized higher risk
shall be served on at least two sides by accesses
dimensional equal- to an industrial access street . Such
- accesses shall be continuously open to City Departments
for clearing :or' repa.i.r at the owners expense .
2 . When. on-site emergency -access - is required .for fire qr
other emergency equipment , a through route shall be
provided and maintained in- a free and open condition at
all times , with an exit from the lot different from the
entrance and separated: by at least three hundred ( 300)
feet when not pn pppo5ite sides of the lot .
-9- ' -
3 . A definitive traffic flow pattern shall be provided
on the property for all traffic , both .•.tru•c,k and .au•to-
mobi le , such that all traffic shall _ cross . let lines
travelling, in • a forward direction . Curb-cuts shall '•
be 'kept'• to a minimum on both• number.. and width consi s .
tent wi.th :, the property traffic flow. pattern .
4. Necessary transportation ,between 'different -parts:of, 4 .
t•h.e4'same ' building or 'complex of, b•uti1din"gs::'when.
located. on 'one continuous lot shall be by' private. . -
access , routes ,•, ,,confined to the property-:' .so : as: to" • ,
not cause unnecessary congestion or , hazards on
•,,public- streets . Such on-si te• access: routes . shall
be. located,. at :'a distance•'•of..a least ten ( 10) :feet ,
or on the property . side; of any required planting
strip , from ail pedestrian sidewalks or edge of. -
public right-of-way. '
5 . ' Provisions , shall .be made ` for .the separation. of 'parking .
of private automobiles from any• space or area- used : •
for maneuvering , 'parking or loading or ;any truck , •
vehicle or trailer ,either while attached to or
unattached from any mover : ,
6 . Any fire or emergency access ,',: incl udi ng•'but' not
- . limited. to §4-734.. 10 :2 shal 1 ' conform 'wi th . the, r-ecom` •
men,dati ons. of- .,the Renton ,Fire Department and together . ,
with a'• traffic flow pattern , when requ-i r-e•.d,' : shall: be
clearlydefined on site plan . . . -
7 . - Overpasses extending over a public right-of-way , shall:
' . be limited to pedestrian foot 'traffic •except •that
conduits 'for the• transmission:.of information - may be . .
included. if concealed within the primary structure:
of the overpass . The design , lighting and landscaping '
of such structures shall clearly exhibit a high level :;
of aesthetic design a'nd furthermore shall be reviewed"",:,
and approved by the 'Planning,. Department ..
8 - A1l.. on-site- surfaces -used for daily traffic':.wi.thi•n . -
the lot or as a part of the traffic - flow- pattern
required in §4-734 . 10 . 3 shall be paved and : maintained . .. ' '
in a .goo.d condition with• an asphalt . surfacing , or its
equivalent if: approved by the: administrative: official ,'
to prevent the generation of '.dust or- the , tracking of.
mud- onto public right-of-ways .
11 . Sound. ` The intent of this Standard is to establish maximum
sound levels for industrial sources as -received in other . .. _
properties of . the, same or different environmental -use
designation. This 'is accomplished by implementing - the sound
level .requirements 'of the Washington Administrative Code • .
as it applies to industrial sources of sound-:and, all :;sound
receptors . .. ., ; •. . . .. ,
1 . 'T'he regulation of industrial sounds as ,,setforth . i•,n-
Chapter - 173-60 of the Washington Administrative Code
(WAC) , . "Maximum Environmental Noise Levels " , is hereby
incorporated by reference . ' '
2. T.he Classifications for Use Districts, ( Zoning, Codes )
of the City of , Renton shall be .'ass.igned• :the:; Environmental
Designation for Noise ,Abatement ' '( EDNA) .•Codes as :fol,lows :
EDNA Class A; S'-1 , G , GS-1 , G-9600'', G-8400 ,
SR- 1 , G-7200 , G-6000 , R-i
R-2 ; SR-2 , R-3 , R-4•,•, T; `: P-1
. EDNA Class B ; •B-P , B-1 . , , •
EDNA ClassC , L-1 , M-P ,: H= 1 '
3. The sound level o•f, an industrial , ( EDNA...Cl ass C ) . sound ,
source when measured in the prescribed manner and location
shall not exceed' those values given in ''$chedul e 4-734 . 11-1 ..
Al'l ' maximum sound level - values for ,impuisive, sounds -
shall ' be reduced five., (5 ) decibels when measured with a
A-weighted network . .
-10- '
Schedule 4-734 . 11- 1
PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES
FROM EDNA CLASS C (INDUSTRIAL) SOURCE
EDNA CLASS MAXIMUM DURATION IN APPLICABLE
OF RECEPTOR SOUND LEVEL1 ANY ONE-HOUR HOURS3
(dB(A) ) PERIOD (min )
A 60 Continually 7am - 10pm
A 65 15
A 70 5 1152
A 75 11/2 7am - 10pm
A 50 Continually 10pm - 7am
A 55 15
A 60 5 152
A 65 12 10pm - 7am
B 65 Continually All
B 70 15
B 75 5 j152
B 80 12 All
C 70 Continually All
C 75 15
C 80 5 152
C 85 11 All
1 . Source : Chapter 173-60 , Washington Administrative Code
"Maximum Environmental Noise Levels " .
2. Total not to exceed 15 minutes in any one hour.
3. The lower noise levels in EDNA Class A apply on all hours
of the weekends and holidays .
-11-
4. • The hours of: lower :sound .l eve'l s'•' s:hal l : ,be extended:. i'n. ,, . "
' :' 'EDNA Class. A environments• ,for, all hours of ,the week•e"nd , , .'
' 'from midnight .Friday, to, midnight. . y'Sunda , and - the ., • . , • . .
following holidays ,` as officially , observed, by 'the ' . . . ' , •
. . City of -Renton : . 'New Year 's Day ,. Independence D'ay',.. ' , ' ,
• ' Labor Day , Thanksgiving Day and Christmas , Day'.
• ' .12 . ' Liquid 'Wa.ste . The. intent 'of this Standard is to preserve
and enhance the quality of the environment, and p.rote•c•t "the . ,
public .health. and welfare by preventing, the' ,disposal of,
• ,. l.iquid •'industrial., wastes by 'unacceptable. methods and.in • . ' , . ,
unapproved. areas.. • , . • .•
' '' 1 . The, 'discharge .of 'all. waterless l iqui,d-wa.s•te,, shall .,be . ' .
• ,' sub'je•ct to the c'on;di ti,ons of §4-734 . 1.2 .'3 and/or; disposed
.' • of by a liquid' .waste disposal company ., .
. . 2 . The discharge o,f .any. water , containing •li-qui.d, ...gas ..o'r
solid wastes i:n' 's'ol ut•i on and/or 'as ' a mixture i"n.to a'ny ' •
. - ' part 'of the natural water system' shall comply' With. ', .
the standards and "compatibility requirements :of. the' . '
Washington State Department of Ecology.: or any s•u,ccessor : •
department or agency •thereof. The .administrative ,. • ,
official shall be - supplied with a. true copy of any, and ,
: all' discharge permits i.ss'ued .to. the fa'ci l'i ty by the
' State of. Washington D'epartment of Ecology. .. • ' "• . .
3:. Al 1, wastes discharged : into . a sewerage system shall. . H • , •
comply with the applicable regulation's of the City. 2 : '
. of Renton and . The •Muni ci pal i ty of Metropolitan Seattle . .
' Sewerage System governing the ,control . and disposal '
•
. of industrial waste... ,
• ' ,4 . . . Ail . liquid wastes undisposabTe by' treatment , after ' . ,
treatment, or by sewerage. system shall be . d•i,sposed of '
• on 'a scheduled basis clearly related in both' rate and '
• magni tude , wi th the 'i nd'ustri al 'processor. source generating .• :
•
the waste . V
• 5 . : 'Upon . the re,quest '. of;' the adminis,tr.ative•.'official 'the . , ' • . •
' industry, shall 'Provide ,substantial proof of having .
disposed of liquid, waste , falling in, the' ,categories ' o'f • ,
'§4-734 . 12 . 4 equal to or' greater t.han 'eighty (80 ) percent .
in .either volume o'r weight .of .the amount . generated during .
. the previous 'six (6') 'months of operation . ' Should the. '
. , ' generation of. such ' liquid waste be'.;on ,a sporadic 'basis, ' ,
. ' ' ' ' '. then the industry 'Shall ' provide •the administrative official
with written evidence of substantial compliance with
this subsection . ' V . '
6 . The release of odorants or gaseous wastes from liquid
.wastes awaiting disposal shall be prevented ', by using
• adequate- means of,.sto,rage and all', othe,r reasonable means '
necessary. .
7 . Any' treatment of liquid waste' solely' for the purpose of
disposal shall be, permitted when the generation of any
. solid or gaseous wastes is adequately handled in .com-
• pliance with these 'Standards and all other rules' and
. regulations of . state :and regional .agencies . , Such treat-
' •ment shall employ 'the best practicable control currently
, available to industry. , Liqui'd waste shall include
surface runoff waters as per Section 4-734 . 8 when
contaminated with chemi"c,al's , oils or other, toxic . substances .
13 . Li'ght and Glare . • The .:intent of this Standard is to .afford
the public the safety of adequate lighting while. avoiding '
unnecessary glare and exposure to excessive outdoor illumina-
tion which may create 'a hazard or unreasonably interfere ' ,
with the relaxation and enjoyment of public 'open spaces ,
right-of-ways , and normal residential activities and pursuits .
• 1 . Illumination levels shall be measured with a photoelectric
photometer ( light-meter ) having a spectral response
similar to 'that of the human eye , following the standard
' spectral luminous efficiency curve adopted by the , .,
International Commission of Illumination .
2 . The illumination from all sources located on a lot'
' shall have the maximum value of eleven ( 11 ) lumens
• per square meter 'outside of lot , lin.es and six (6 ) ' . •
lumens per square meter outside' the district line .,
I'n all cases ,of conflict the district lines 'value
• - ' shall apply. "
. - 12-
.... .
9 �.>+�
3. The intrinsic brightness of any source visible beyond
the district lines shall have a maximum value of fifty
(50) candles per square centimeter.
4. Intermittent , rotating or flashing lights of an intrinsi.c
brightness greater than two (2 ) candles per square
centimeter and with a frequency greater than once in
any five (5 ) second time period shall not be visible
beyond district lines unless for the sole purpose •
of alarm or giving warning .
14. Odorants . The intent of this Standard is to prevent the
occurrence of certain offensive odors in the environment
by limiting the concentration of chemical compounds which
are known to produce strong olfactory responses . This
Standard does not attempt to determine the intrinsic or
subjective' good or. bad qualities of an odor, but only that
the concentration of specific constituent compounds are
above adopted values which have been accepted for the
health and well being of the general public .
1 . The concentration of specific compounds listed in
Schedule 4-734. 14-1 shall not exceed the odor
threshold values in two consecutive air samples .
Three air samples are to be taken over a two (2 )
hour period , one sample each at the beginning and
end of the test period and one sample near the time
midway through the sample period,. The administrative
official may establish the time of the sample period .
2 . The location for taking the three samples shall remain
fixed during the test period and shall be at a point
outside lot lines , at ground level or habitable eleva-
tions and a " safe and reasonable place consistent with
the location of the reported violation .
3 . Monitoring shall be undertaken only upon receipt of
a complaint made by a person who resides , owns property ,
or is employed in the area affected by the complained
of odors , unless the area is designated as a public
use area whereupon all complaints will be. accepted .
. 4. When more than one concentration is listed for a
substance in these Standards ; the more stringent shall
apply.
5 . The samples shall be taken by a qualified person and
the concentrations ,of odorants shall be measured in a
certified laboratory or facility at the request of the
administrative official .
6 . Nothing in this Standard shall be construed to impair
any cause of action or legal remedy therefor of any
person , or the public for injury or damages arising
from the emission of any odorant in such place , manner
or concentration as to constitute air pollution or a
common law nuisance.
15 . Hazardous Materials . The intent of this Standard is to
provide adequate separation between highly flammable or
explosive materials used in industries of a recognized
higher risk and the neighboring properties and public areas ,
total containment of all highly flammable , toxic and
polluting liquid materials , limits for the stored quantity
of highly flammable and explosive materials as a function of
property area , and all other reasonable safety measures
deemed necessary for the protection of people , property ,
and the environment from the threat and destruction of fire
and/or explosion , and to prevent encumbering adjoining
properties with burdens which are related to the hazards
of highly flammable and explosive materials .
1 . An industry shall not impose economic burdens such as ,
but not limited to higher insurance rates and/or
operational limitations upon neighboring facilities
due to its location and hazardous nature. All necessary
modifications shall be made to both such characteristics
and the site plan so as to not impact neighboring
facilities.
-13-
Schedule 4-734.14-1
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
{ODOR THRESHOLD1
No . POLLUTANT
(PPm) (mg/m3 )
1 Acetone 320 770 .
2 Acrolein 15 35
3 Ally' disulphide 0 . 0001 0 . 00006
4" Allyl mercaptan . • 0 . 00005 0 . 00015
5 Ammonia '. 0. 037 . 0 . 026 : '
6 Amyl alcohol . 10 35
7 Apiole 0-. 0063 ' 0..057' , '
8 , - . Benzene 60 180
9,:, .. i -Butanol 40 120
1.0 , n-Butanol S 11 . . 33
11 i,-Butyl acetate . " 4 . '17 .
12 n-Butylacetate . . 7 35
13 n-Butyl formate 17 :- 70 . .
14 Butyric acid , 0. 000.28 ' - 0. 000001 '
15. Camphor ' . ' '. 16 , . 100 '
16 ' ', : . Carbon disulphide S 7 . 7 23' ' . .
17 . . ' Carbontetra,chlorid.e . ' 200. . 1260 . '
18 ' Chlorine 0 . 01 ,... 0..029,
19 ' Diacetyl ' 0 . 025 0 . 088.:
20. 1 , 2-Dichloroet.hane . 110 450 .
21 . Diethylketone S 9 33
22 . , Di methyl a.mi ne 6 . ' 11 ,
23 .- .'. Di methyl sulphide . 0 . 02. • 0. 051'
24 Dioxane , ' 170 620
25 Ethanol 50 . 93 .
26 Ethylacetate _ ' 50 180
27 Ethyleneglycol • 25. . 90
28 Ethyl . mercaptan S 0 . 000016 0 . 00004
29 Ethyl selenide , . .'. 0 . 000062. , ' 0 . 00035
30 Ethyl selenomercaptan 0 . 0000018 0 . 000008
31 Ethyl sulphide ' 0 . 0.0025 . . 0. 00092
32 Heptane 220 930
33 Hydrogen selenide ' 3 5 10
34 Hydrogen sulphide S ' 0. 0011 0 . 0015
35 Iodoform . . 0 . 00037 0 . 0061
36 . Ionone 0 . 000000059 0 . 00000046
37 Methanol ' 5900 7800
38 . Methylacetate 200 , 550
-,-- 39' Methyl enechl or,i de 150 550
�`'t 40 Methylethylketone 25 80
41 Methylformate , 2000 . 5000 '
42 Methyleneglycol 60 190 .
43 . Methyl -i -butylketone,. .. , 8 32
44 Methyl- mercaptan . , . - 0 . 0011 ' 0 . 0022
45 Methylpropylk.etone 8 27
46 Octane . , 150, - ' . 7.10
47 , ' Ozone _ 0 . 1 . . . 0 .2
48 . Phenol 3 , 12
49 5 i -Propanol • 40 .. 90 '
50 . . , n-Propanol ' 30 . . 80
•
-14-
Schedule 4-734. 14-1 (cont ' d)
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD1
No . POLLUTANT
(PPm) (m9/m3)
•
51 i -Propylacetate 30 140
52 n-Propylacetate 20 70
53 Propyl mercaptan` 0 . 000075 0. 00023
54 Pyridine 0 . 012 0 . 04
55 Skatole 0 . 000000075 0 . 0000004
56 Sulphur dioxide 30 79
57 Tetrachloroethylene 50 320
58 Tetrahydrofuran 30 90
59 Toluene 40 140
60 1 , 1 , 1-Trichloroethane 400 2100
61 Trichloroethylene 80 440
62 Trimethylamine 4 96
63 Valeric acid 0. 00062 0 . 0026
64 Vanillin 0 . 00000003.2 0. 0000002
6.5 Xylene 20 100
1 ppm is parts per million at 20° C and 760 Torr
mg/m3 is milligrams per cubic meter
•
- 15-
2 . An industry or facility storing for its own use, or
redistribution -any highly flammable '.toxic or polluting
liquid of a capacity equal to or greater than the
lesser of that quantity sufficient to result in a
flow across lot lines or a quantity of fifteen ( 15 )
cubic inches per square foot of total lot area shall
construct a permanent continuous barrier surrounding
,all buildings , structures and facilities which could
contribute to the flow. The storage in liquid form •
of those materials which are normally. .i n a gas phase.
at ambient temperature and atmospheric pressures .
shall be contained within a barrier unless determined
by the administrative official that dispersion of the
resulting gas or aerosol would be less hazardous . The
capacity of the space within the barrier shall b`e one
hundred ( 100) percent of the maximum possible volume. .
of stored liquid and the top of the barrier shall be
at least one' ( 1 ) foot above this liquid level . The
barrier shall - be designed and constructed in such
a manner that there is no visible leakage' on or below .
any portion of the exterior surface of the barrier
which is below the level of the confined - liquid
after a forty-eight (48) hour period . A report on a,
test of a typical barrier section constructed to full . ' '
scale shall be prepared by a licensed engineer and.,
submitted as proof of the design . '
3 . . The barrier shall be of earthen material -with two
sloping sides extending to grade level without any
vertical cuts or retaining walls . The top of the barrier
shall be flat. The barrier shall have a maximum
vertical height of four (4 ) feet when measured between
the grade level at the internal toe: to the top . The
slope of the sides and width of the top shall be
according to accepted engineering design for holding
ponds . The design of the barrier shall minimize the
likelihood of damage by major earthquakes whose
epicenters are located in the Pacific Northwest . All '
ingress into and egress from the inner side of the
barrier shall' be over the barrier top : The roadway
' shall be constructed so as to not weaken the barrier
or decrease its resistance to earthquake damage .
When the barrier and landscaped berm are one and "the
same structure no vertical cuts or retaining walls
shall be allowed in the common structure .
4 . On-site fire suppression systems shall be fully' auto-
-matic with manual overrides from at least tw'o locations
outside the' barrier . ' The fire suppression system
shall be connected to Central Dispatch of the City of
Renton by means of a Remote Station Protecting Signaling
System, in accordance with the specifications of the
National Fire Code , Volume 7 , of the National Fire
Protection Association .
5 . The manufacture and/or storage of explosives or blasting
agents shall comply with the quantities and locations
setforth in Schedule 4-734 . 15-1 as per type of explosive ,
quantity to be manufactured and/or stored and the
distances from the lot lines . The quantities are the
maximum amount that shall be allowed for any one company ,
facility or site . The stated distances are the
minimum that shall be allowed .
6 . The manufacture and/or storage of explosives , blasting
agents and similar such substances shall comply with
all other conditions and regulations setforth in Title 7 ,
Chapter 6 , " Explosives " of the Revised and Compiled
Ordinances of the City of Renton and in the "Washington
State Explosives Act" , Chapter 70 . 74 of the_ Washington .
Administration Code .
7 .' Th'e, best practicable control shall be used for the preven-
tion of fires and explosions , for the detection of fires
and other related hazards , and for the protection of life
and property from fires , explosions and their related effects .
- 1.6- -
Schedule 4-734. 15- 1
QUANTITY AND DISTANCE FOR
EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE
EXPLOSIVE QUANTITY DISTANCE FROM LOT LINES
MATERIAL1 . POUNDS POUNDS
OVER NOT OVER FEET
Explosive-Class A 0 5 280
0 5 280
Blasting
Agents 5 10 360
10 20 440
20 30 500
Explosive 0 5 210
Class B and C 5 10 270
10 20 330
20 30 380
30 40 420
40 50 450
1 Definition and classification as per "Washington State
Explosive Act" , WAC 70. 74 , as amended by Chapter 72 ,
Laws of 1970.
-17-
8. Th.e dyke required by the Uniform Fire Code (with a
minimum holding capacity of 100% of the single
largest tank) and the barrier required by the Bulk
Storage Regulations (with a holding capacity of
100% of the total capacity of all tanks plus one `
foot) shall be separated by at least one hundred
( 100) feet for the safety of firefighting personnel .
Such separation shall be measured from the external
toe of the dyke to the internal toe of the barrier
or frorn the setback line when the internal toe of .
the barrier is closer to the property line than the
required setback.
9. The requirements for a barrier , landscaping and
opaque screen and/or berm are encouraged to be
combined into a single configuration similar to
that shown in Figure 4-734. 5-1 (b) . The required
opaque screen may be satisfied by a properly
designed security fence.
' . 10. All exposed ground surfaces within structures intended
• for the containment of spills shall be impervious to
those stored and/or handled liquids which may result
in the contamination of the underlying soil . The
ground surface within the barrier shall be impervious
unless all potential points of spill have inter-
mediate containment structures . Contaminating liquids
shall also include solid chemicals when readily
soluble in water and transportable into the subsoil
by dissolution in surface water. The impervious
area in the case of such contaminated surface water
shall be determined by intercept points in an approved
drainage system. •
16. Gaseous and Particulate Emissions . The intent of this
Standard is to limit the unnecessary generation of all
air contaminants , to decrease the annual emissions from
stationary sources and all related transfer operations
on the site by controlling land-use intensity and requiring
the use of the best practicable control of the. emission
of air-borne contaminants to achieve and maintain a
healthful environment of clean air.
1 . Process methods and procedures currently available
in industry which are known to cause fewer in number
and lesser quantities of air contaminants , shall be
used in all cases . In addition the best practicable
control shall b.e used for the control and removal of
air contaminants .
2 . Compliance with §4-734 . 16 . 1 does not relieve the
owner or operator of the facility of the responsibility
of meeting the requirements of Regulation I of the Puget
Sound Air Pollution Control Agency.
3 . It shall be the responsibility of the developer of
the facility to ascertain the information required in
§4-734 . 16 . 1 and to report such finding to the
administrative official .
4 . The emission of specific substances into the air shall
be limited to the total annual and spatial density,
relative to land-use for each facility as setforth in
Schedule 4-734 . 16- 1 .
5 . A facility shall be capable of achieving a condition of
near-zero discharge during an alert or higher stage of
declared air pollution episode and shall employ all
operational and technical means to reach the lowest
physically possible• quantity of emissions during the
entire alert period . It shall be the responsibility
of the administrative official to enforce a reduciton
in the process weight to comply with this restriction .
6 . All ground surfaces not included in developmental coverage,
left in an undisturbed condition of natural flora , or
required landscaping which may contribute to the amount
of airborne particulate matter shall be suitably covered
by hydroseeding or the equivalent with grasses or other
vegetation to prevent the generation of dust .
-18-
7 . All new facilities or expansion of existing facilities ,
unless exempted by the limitations in Schedule 4-734. 16-1 ,
shall provide an initial report covering the emission
of those specific substances listed in Schedule 4-734. 16- 1 .
The report shall cover the first three (3) months of
operation and shall be filed with the administrative
official within thirty (30) days after the end of the
reporting period . The report shall enumerate all sources
by type or category contributing ten ( 10) percent or
more of the total emission for each specific substance .
The total of all sources contributing less than ten ( 10)
percent individually may be grouped as one entry and if
so shall specify the number of sources included . The
report shall contain such information or analyses as
will disclose the reported values of the emissions
{ which are or may be discharged by such source . The
report shall be certified by a licensed engineer.
8. Each emission greater than twenty ( 20) percent of the
"annual weight per facility" or "spatial density" ,
computed on an annual basis , as reported in §4-734. 16 . 7 •
shall be reported thereafter on a quarterly basis until
such time as the total weight of the specific emission
drops below and remains below the twenty (20) percent
specified above . , Such reports shall be due and filed
with the administrative official within thirty (30)
days after the end of the reporting quarter. The
beginning and ending dates of each quarter shall be
established by the administrative official'.
• 9. Each facility subject to this Standard shall be respon-
sible for notifying the administrative official of
all new initial emissions of a substance listed• in
Schedule 4-734. 16- 1 and all increases in emissions'
from new or old sources which will raise the emissions
of that specific substance for existing sources ,
above the twenty ( 20) percent level specified in §4-734 . 16 . 8 .
Such notification will be in a report as per' §4-734. 16 . 7 . .
10 . In addition to such reports as required in §4-734 . 16 . 7 , .
4-734. 16. 8 and 4-734. 16. 9 , the administrative official
may designate and employ a licensed engineer of his
choice to make an independent study and report as to the
type and quantity of emissions which are or may be
discharged from the source . The administrative official
shall be authorized to enter and inspect the facility
upon a showing of need and upon the owner ' s permission
or upon court order.
11 . The site of bulk storage facilities emitting any of those
substances listed in Schedule 4-734. 16- 1 ' shall comply
with the following limitation onlocation . No new
facility or expansion of an existing facility shall be
permitted within five thousand ( 5000 ) feet or existing
bulk storage facilities if their combined emission
for any of the listed substances exceeds two (2 ) times
the permitted annual emission of the substance for a
single facility. The emissions of applicable existing
facilities shall be reduced as per §4-734 . 16 . 12 .
12•. All existing bulk storage facilities on the effective
date of this Ordinance and emitting more' than the maximum
permitted emission of any listed substance shall be assumed
as having the maximum permitted emission for the purpose
of calculating the locational density of facilities
as specified in §4-734. 16 . 11 . For the purpose of this
Standard existing bulk storage facilities shall include
those facilities for which substantial construction , other_
than site preparation , is in progress and as determined
by the administrative official .
13. All existing facilities qualifying 'under §4-734. 16 . 12
shall comply with the emission standards setforth in
Schedule 4-734 . 16-1 within three (3 ) years of the
effective date of this Ordinance . A one time extension
of up to two ( 2 ) years may be granted by the administrative
official upon the showing of good cause why compliance cannot
be achieved within the specified time period .
-19-
Schedule 4-734. 16-1
TOTAL ANNUAL EMISSION AND SPATIAL DENSITY
OF SPECIFIC SUBSTANCES
MAXIMUM
MEASURED WEIGHT PER SPATIAL
SUBSTANCE AS FACILITY DENSITY/ LIMITATIONS
(Tons/Year) (Units/Acre )
Hydrocarbons Carbon . 100. 0 9 . 00 Tons None
Watervapor •
Sulfur Oxides
Nitrogen Dioxide
The annual emission per facility and
Carbon Monoxide spatial density shall be equivalent to
the allowable emissions and ambient
Photochemical air concentrations established in
Oxidants Regulation I of the Puget Sound Air
Pollution Control Agency .
Suspended
Particulates
Arsenic
1 . Fractions of an acre shall be alloted an equivalent portion of
the emission and rounded out to the nearest significant figure
as shown in the table .
-20-
14 . , Emission control shall be required of those specific
substances for which a report is required as per
§4-734. 16. 8. Sources and/or points of emissions
within the lot lines shall be suitably controlled
to result in a "reduction or recovery of emissions
with an overall efficiency for the facility of
ninety (90) percent or greater when compared to the
uncontrolled facility and when the equipment and tech-
nology are readily available . Sources and points
of emission shall include the carrier vehicle and
transfer mechanism when actively engaged in loading
or unloading operations . Control shall include , but
is not limited to ; vapor recovery systems for
volatile liquids and hoods or fully enclosed buildings
with exhaust fans and filters or their equivalent
for transfer operations generating airborne
particulates . Such emission control shall be required
even though the emissions of the bulk, storage facility
are below the maximum permitted levels .
i .
-21-
SECTION II :
Existing Section 4-702 (Definitions ) of Title IV. (Building
Regulations) of Ordinance No . 1628 entitled "Code of General
Ordinances pf the City of Renton " is hereby amended to add
the following definitions :
Sections 4-702( 25) through 4-702 ( 55) as added : .
(25) "Administrative Official " : The individual (s )
in the Developmental Services Division of the
Public Works Department , or his designee , so
designated to administer the various Performance ,
Standards as set forth by ordinance.
(26) "Alert" : The lowest stage of an Air Pollution
Episode and declared by the Department of Ecology .
( 27 ) "Blasting Agent" : Any material or mixture con-
sisting of a fuel and oxidizer , intended for
blasting , not otherwise classified as an explosive ,
and in which none of the ingredients are classified
as an explosive , provided that the finished product ,
as mixed and packaged for use or shipment , cannot
be detonated when confined by means of a No . 8
test blasting cap .
(28) "Bulk Storage" : The holding or stockpiling on
land of materials and/or products according to
all the following five conditions : ( 1 ) in a bulk
form or in bulk containers ; ( 2) under protective
cover to the essential exclusion of other uses
of the same space due to special fixtures or
exposed to the elements ; ( 3) in sufficient numbers ,
quantities or spatial allocation of the site to
determine and rank such uses as the principal use
of the site ; (4) the major function is the
collection and/or distribution of the materials
and/or products rather than processing ; and ( 5)
the presence of fixed bulk containers or visible
stockpiles for a substantial period of a year .
A. Bulk storage facilities include , but are not
limited to :
1 . Automobile holding and transfer depots .
2 . Equipment or machinery of the stationary
type not in use , not mounted on necessary
foundations or connected as required when
during use , not designed and used as portable ,
and not stored in a warehouse . This does not
include operable motor vehicles or wheeled
equipment used only periodically or for sale.
3 . Fuel yards , wholesale .
4. Grain or feed silos , elevators or the open
storage of grain and feed.
5. Log , random cut and chipped wood by-products
storage . '
6 . Sand and gravel yards including sizing ,
transfer and loading equipment when present .
-22-
7 . Scrap or junk yards and wrecking yards .
8. Solid waste holding and disposal areas .
9 . Tank farms including distribution and loading
systems .
B . Bulk storage facilities include those facilities
which meet the following two conditions :
( a) at least forty (40 ) percent of the developed
area of the site is used for bulk storage ; and
(b ) the bulk storage area is at least one acre .
Such facilities include , but are not limited to :
1 . Brick or tile storage and manufacturing of .
2 . Concrete block and products storage and
manufacturing of .
3 . Contractor equipment yards .
4. Foundaries . •
5 . Lumber mills and wholesalers .
C . Bulk storage facilities exclude :
1 . Land banks , greenbelts , watersheds or
public water reservoirs .
2. Parking lots or structures for private
licensed automobiles .
3 . Ship yards .
4 . Warehouses alone or in conjunction with
manufacturing on the site and when not
including any of the uses in 4-702( 28)A ,
listed above .
(29 ) "Capacity" : The volume of a liquid which could be
retained within the dyked area without a breach of
the dyke at any point.
(30 ) "Ceiling "C" Limit Value" : A maximum concentration
of certain airborne materials which apply to the
conditions state in Threshold Limit Value and
adopted by ACGIH .
(31 ) "Certified" : A facility and staff qualified and
able to provide certain tests and measurements
relating to specific tasks and traceable to
established standards .
-23-
( 32) "Conduit" : A tube for pneumatic shuttles , a pipe
for coaxial cables, a waveguide , a closed path for
laser transmission , fiber optics , or similar function .
(33) "Container" : A structure of any size made or used
solely to hold or enclose a specific substance .
( 34) "Daily Traffic" :; An average of at least one motor
vehicle crossing in one direction per working day
for any continuous thirty day period .
(35) "District Line" : A boundary designating the various
use-districts or zones . Where the boundary is between
use-districts of a similar character such that the
proposed facility could be located in either use-
district then the next outer district boundary from
the facility is to be considered the "district line"
for the purpose of these Standards .
( 36) "Explosive" : Any chemical compound or mechanical
mixture that is commonly used or intended for the
purpose of producing an explosion , that contains any
oxidizing and combustible units , or other ingredients
in such proportions , quantities or packing that an
ignition by fire , by friction , by concussion , by
percussion , or by detonation of any part of the
compound or mixture may cause such a sudden generation
of highly heated gasses that the resultant gaseous
pressures are capable of producing destructive effects
on contiguous objects or of destroying life or limb .
In addition , the term "explosives " shall include all
material which is classified as Class A , Class B ,
and Class C explosives by the federal department of
transportation ; provided , that for the purposes of
this definition , small arms ammunition and small arms
ammunition primers shall not be defined as explosives .
( 37 ) "Hazardous See "recognized higher risk . "
(38) "Highly Flammable Liquid" : Any liquid of Class I or
II as specified under Flammable Liquid in the latest
edition of the Uniform Fire Code published by the
International Conference of Building Officials and
the Western Fire Chiefs Association .
( 39 ) " Impulsive Sound " : . A sound of less than one ( 1 )
second duration , with an abrupt onset and rapid
decay and with a peak intensity of at least ten ( 10)
decibels , on the A-weighting network , greater than the
background sound level . The background sound level
is the average of the range observed for a five ( 5.)
minute period no more than one ( 1 ) hour prior to the
measurement of the impulsive sound .
(40) " Industrial Access " : A type or class of street
specified in the Renton Subdivision Ordinance ,
Section 9- 1108 . 7 , Table 1 (Minimum Standards for
Development) .
(41 ) "Licensed " : -An engineer holding a valid Washington
State Professional Engineering License or a professional
person holding an appropriate and valid Washington
State License .
-24-
(42) "Lot-district Lines " : The lot line of property when
it is congruent with the district line or when the
lot line and district line are so situated that the
lot line acts as the limit of development for the
zoned use , such as a •street right-of-way between the
lot line and district line . Where the district line
is congruent with the City Limits the zoning and use
beyond the City Limits shall be given the same
consideration as the City ' s zones .
(43) "Natural Water System" : Any and all parts of ' the
hydrologic cycle independent of 'size and residence
time . The meaning includes "waters of the state"
as defined in RCW 90 . 48. 020.
(44) "Near-zero discharge" : The closest currently
possible approach to the ideal "zero-discharge" .
(45) "Neighboring Facilities " : Those facilities which
- share some common regional element of the natural
environment and includes more than adjacent or
nearby facilities .
( 46) "Odor Threshold" : The concentration of an odorant
in clean ambient air which is said to produce an
olfactory response in most people .
(47) "Qualified" : A person who , by possession of a
recognized degree , certificate , or professional
standing , or who by extensive knowledge , training
and experience , has successfully demonstrated his
ability to solve or resolve problems relating to
the subject matter , the work , or the project .
(48) "Recognized Higher Risk" : The handling , processing
or storage of flammable , explosive , blasting or
toxic agents and their related processes and/or
activities which are generally considered as high
hazard occupancy by agencies and/or publications ,
which include but, are not limited to , the
Washington Surveying and Rating Bureau , the
American Insurance Association as per its Fire
Prevention Code and National Building Code as '
the same may be amended from time to time or the
Uniform Fire Code as the same may be amended from
time to time as posing- a higher risk on its
neighbors and/or adjacent or nearby properties ,
natural or man-made waterways or which may tend
to endanger environmental qualities before
special actions are taken to mitigate adverse
h
caracteristics .
( 49) "Roof" : Any cover made of a material or type o'f
. ! construction so as to be impervious to water and
erected so as to delineate a fixed volume over a
permanently defined location for shielding the , .
space underneath from the natural elements .
(50) "Threshold Limit Value (TLV) " : The concentration
of certain airborne materials representing conditions
under which it is believed and adopted by the
American Conference of Governmental Industrial
Hygienists (ACGIH) , that nearly all workers may be
repeatedly exposed day after day without adverse
effects .
-25-
1
( 51 ) "Toxic Substance" : Those materials listed and
documented by the American Conference of Govern-
mental Industrial Hygienists (ACGIH ) ..
( 52) "Visible Leakage" : The leakage of a liquid in
sufficient quantity to form beads , rivulets , or
trickles , but more than just a moistening of
the surface .
( 53) "Warehouse" : A building entirely enclosed by a
roof and solid walls , except for windows and doors ,
and used to enclose, and protect materials and goods .
The walls of such a building are not used to hold
or restrain goods in a bulk form.
( 54) "Waste" : Any material , other than products, not
having an immediate market and/or value , and/or
no. further use or resource to the industry creating
such material .
( 55) "Wildlife Habitat" : ' An area officially recognized
and/or dedicated by the City , the State or Federal
Government for the propagation and benefit of
wildlife .
-26-
SECTION III :
This ordinance shall be effective from and after its
passage , approval and five ( 5) days after its publication ,
unless otherwise provided for hereinabove .
PASSED BY THE CITY COUNCIL THIS day of 19
Delores Mead , City Clerk
APPROVED BY THE MAYOR THIS day of 19
Avery Garrett , Mayor
Approved as to form:
Gerard M. Shellan , City Attorney
Date of Publication
•
-27-
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 2®0 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
,o'er) a ,'4
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
lavt.1.4) a. r� .
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 2®O Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
l/.41.44) )r-441,06
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
I
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
� 1,41,06
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
41Q. rt4
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
4h1 Q (/A
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval ; disapproval or opinions on same.
CITY OF RENTON
4/.40114) 3r.1-0,06
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk, Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
ifd.#1.‘41 X)r.tatePC
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
•
' SPECIAL CITY COUNCIL MEETING 1
September .4,' 1975
The city Council, of the City of Renton, Washington has called a
Special Meeting of. the Council for September 4, 1975, at. 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
,a. 0 -1. .
Delores. 'A. Mead
City Clerk.
Date of Publication:
August 29, 1975 ' ' ' '
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
id.O1.44) a .'
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975
The City Council of the City of Renton, Washington has called a
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
4Qr4
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
SPECIAL CITY COUNCIL MEETING
September 4, 1975 ',
The City Council of the City of Renton, Washington has called a ,
Special Meeting of the Council for September 4, 1975, at 8:00 P.M.
in"the Council Chambers, 2nd Floor, Municipal Building, 200 Mill
Avenue South, Renton, Washington, to consider the proposed regula-
tions for Bulk Storage.
Any and all interested persons are invited to be present to voice
approval , disapproval or opinions on same.
CITY OF RENTON
4,41.‘41) 3r-t4)19
Delores A. Mead
City Clerk
Date of Publication:
August 29, 1975
r
- n ,u i
a'
I i
pF Rom:
• �`S . ., r^'1 • TH1-41 CITY OF 1-1..ENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. OB055
13 (o AVERY GARRETT, MAYOR PLANNING DE PARTME4'1�'
�� <� 235 - 2550
Tf0SEPI-
•
�y per. August 18 , 1975
M M• lip WA. .iw VI I U M
I I
TO : Avery Garrett , Mayor
Charles Delaurenti , Council President
•
Ken Bruce , Council Member
Earl Clymer , Council Member
William Grant , Council Member
George Perry , Council Member
Henry Schellert , Council Member
Richard Stredicke , Council Member
Don Stark , Administrative Assistant
Gene Coulon , Parks Director
Hugh Darby , Police Chief
• Warren Gonnason , Public Wks Director (4 )
Delores Mead , City Clerk
George Williams , Fire Chief ( 2 )
Gerard Shellan , City Attorney (2 )
FROM: Planning Department
SUBJECT : Distribution of Revised Proposed Bulk Storage
Regulations (August 14 , 1975 ) .
Attached for your information and review is the latest
revision of the Proposed Bulk Storage Regulations .
Attachment
•
s - .
•
•
•
I '
(S4OFR� v
.) �. THE CITY •OF RENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055
0.p AVERY GARRETT, MAYOR • PLANNING DEPARTMENT.
-10 235 - 2550
4,
4TfO SEPItto
MEMORANDUM
August 14 , 1975
TO : All Recipients
FROM: Planning Department
SUBJECT : A• New Issue of the "Proposed Bulk
Storage Regulations with Definitions"
as Revised .
The attached document is a new issue of the " Proposed
Bulk Regulations with Definitions" , Fourth Edition ,
dated July 14 , 1975 . This latest edition incorporates
all previous revisions (D , E and F) and the latest
approved revision (G) . Please note that the pages
have been renumbered incorporating the former inserted
pages .
The latest revisions (G) are underlined where material
has been deleted , inserted or otherwise changed . In
addition , two subsections .have been completely deleted
and were formerly § 4-734 . 10. 8 (p 15 ) and 4-734 . 15 . 5
(p 28) in the previous edition .
Attachment
" I _
I -
PRELIM NARY
SUBJECT TO REVISION
PROPOSED
BULK STORAGE REGULATIONS WITH
DEFINITIONS
(EIGHTH EDITION)
AUGUST 14 , 1975
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT, THE PLANNING COMMISSION,
THE CITY ATTORNEY AND THE. COMMUNITY SERVICES
COMMITTEE OF THE COUNCIL
CITY OF RENTON
PLANNING DEPARTMENT
REVISION
1 `
1 I
a 1
TABLE OF CONTENTS Rev . G
SECTION TOPIC PAGE
1. Bulk Regulations
2 4-734 . 1 Intent 1
3 4-734. 2 Special Permit 1
4 4-734 . 3 Height 2
5 4-734 . 4 Setbacks 2
6
4-734 . 5 Landscaping 3
7 4-734 . 6 Signs 9
8 4-734 . 7 Locational Criteria 9
9 4-734 . 8 Surface Drainage 11
10 4-734 . 9 Toxic Substances 14
11 4-734 . 10 Traffic and Access Control . . . 16
,12 4-734 . 11 Sound 19
13 4-734 . 12 Liquid Waste 22
14 4-734 . 13 Light and Glare 24
15 4-734 . 14 Odorants 25
16 4-734 . 15 Flammable and Explosive Materials 29
17 4-734 . 16 Gaseous Waste and Other Emissions 35
18 Definitions
'19 4-702 ( 25 ) Administrative Official 43
20 4-702 (26 ) Alert 43
21 4-702 ( 27 ) Blasting Agent 43
22 4-702 ( 28 ) Bulk Storage 43
23 4-702 ( 29 ) Capacity . . . .. 44
24 4-702 ( 30 ) Ceiling " C" Limit Value 44
25 4-702 ( 31 ) Certified 44
26 4-702 ( 32 ) Conduit 45
27 4-702 ( 33 ) Container 45
28 4-702 ( 34) Daily Traffic 45
29 4-702( 35 ) Developmental Coverage 45
30 4-702 ( 36 ) District Line 45
31 4-702 ( 37 ) Drainage Area • 45
32 4-702 ( 38 ) • Drainage Plan 45
CITY OF RENTON
PLANNING DEPARTMENT
r
1 1
•
TABLE OF CONTENTS Rev. G
SECTION TOPIC PAGE
•
1 Definitions (Continued ) •
2 4-702 (39 ) Drainage System 45
3 4-702 (40) Explosive 46
4 4-702 (41 ) s Gross Area Coverage 46
5 4-702 (42) Hazardous 46
6 4-702 (43) Impulsive Sound 46
7 4-702 (44) Industrial Access 47
8 4-702 (45 ) Licensed 47
9 4-702 (46 ) Lot-District Lines 47
10 4-702 (47 ) s Natural Water System 47
11 4-702.(48) Near-Zero Discharge 47
12 4-702 (49) Neighboring Facilities 47
13 4-702 (50 ) Odor Threshold 48
14 4-702 (51 ) Peak Discharge 48
15 4-702 (52 ) Qualified 48
16 4-702 ( 53) Recognized Higher Risk 48 ,
17 4-702 (54) Return Period 48
18 4-702 (55 ) Roof 48
- 19 • 4-702 (56 ) Threshold Limit Value -48
20 4-702 ( 57 ) Toxic Substance 49
21 4-702 (58) Visible Leakage 49
22 4-702 ( 59 ) Warehouse 49
23 4-702 (60 ) Waste 49
24 4-702 (61 ) Wildlife Habitat 49
25
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32
CITY OF RENTON
Do •NNIN( DEPARTMENT
- 1- Rev . G
ORDINANCE NO .
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
ESTABLISHING AND CREATING REGULATIONS FOR BULK
STORAGE FACILITIES ; DEFINITIONS TO CLARIFY
CERTAIN TERMS IN THE 11 ZONING ORDINANCE" KNOWN
AS CHAPTER 7 OF TITLEIV ( BUILDING REGULATIONS )
OF ORDINANCE NO . 1628 KNOWN AS THE "CODE OF '
1 GENERAL ORDINANCES OF THE CITY OF RENTON . "
2
3 BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF RENTON , WASHINGTON , AS FOLLOWS :
4
5
6 SECTION I :
7 . A new Section 4-734 ( Bulk Storage Facilities ) of Title IV '
8 ( Building Regulations ) of Ordinance No . 1628 entitled "Code
9 of General Ordinances of the City of Renton" is hereby created
10 to read as follows :
11 Section 4-734 , Bulk Stora_e Facilities as Created :
12 4-734 Bulk Storage Facilities
13 1 . Intent . The intent of the regulation of bulk storage
14 facilities is to allow such facilities in a location
15 and manner so they are compatible with adjacent prop-
erties and beneficial to the City and in accordance
17 with the State Environmental Policy Act: It is further
18 the intent to insure that the safety , health , welfare ,
19 aesthetics and morale of the Community are maintained
20 at a high level . Due to the unique characteristics and
2i problems inherent in making bulk storage facilities
22 compatible with surrounding properties and environment ,
23 the City Council finds that special review of bulk storage '
24 facilities is required to insure the intent of these
25 regulations . These regulations are to supplement and be
26 in addition to existing ordinances and code provisions .
27 2 . Special Permit and Administration .
28 1 . Bulk storage facilities shall be allowed only
29 by special permit as specified in Section 4-722 ( B ) .
30 The fee for the special permit for bulk storage
1
31 facilities shall be the basic fee plus ten ( 10 )
32 dollars for each acre or fraction thereof due to
CITY OF RENTON
} -2- Rev . G
1 the requisite of additional standards .
2 2 . The Planning Commission is designated as the
3 official agency of the City for the conduct
4 of public hearings ; and the Planning Department
5 is responsible for the general administration
6 and coordination . The Planning Department
7 shall" establish administrative procedures , which
8 shall include , but ,are not limited to : prepar-
9 ation of application forms ; determining completeness
10 and acceptance of application ; and establishment
11 of interdepartmental review routing procedures .
12 . 3 . The burden of proving that the proposed bulk
13 facility complies with the standards setforth
14 in this section shall be on the applicant .
15 4 . The Planning Department shall be responsible
16 for determining whether an application is a
17 bulk storage facility as defined herein . Such
18 - decision may be appealed to the City Council within
19 ten ( 10) calendar days after such determination upon
20 proper notice filed with the City Council .
21 3 . Height. The maximum height of all structures and bulk
22 storage of materials and products in stock piles shall
23 be forty ( 40) feet or that of the underlying zone
24 whichever is more restrictive .
25 4 . Setbacks . All structures and bulk storage , except
26 security fences , opaque screens and signs shall be
27 located at least sixty ( 60) feet from all public
28 right-of-ways , wildlife habitat, public areas , parks
29 and waterways which include , but is not limited to
30 rivers , lakes , streams and drainage channels . In all
31 other instances the setbacks shall• b,e at least twenty
32 (20) feet from the property line .
•
CITY OF RENTON
• PLANNING DEPARTMENT
' -3- Rev. G
1 5 . Landscaping . All bulk storage facilities shall be
2 completely surrounded by a landscaped berm and/or
3 screen that is at least eighty percent opaque with
4 landscaping of' a minimum width of twenty ( 20 ) feet
5 or to the top of the berm, whichever is the greater
6 setback . Such berm and/or screen shall be at least
7 twenty-five (25 ) percent as high as the structures
8 or bulk storage , whichever is higher , except that the
' 1
9 height of the berm and/or screen shall not be less
10 than five (5 ) feet but not more than twelve ( 12 ) feet
11 in height . All areas between the property lines and
I '
12 the top of the berm and/or screen shall be landscaped ,
13 except that area which is used for ingress or egress .
14 . When only an opaque screen with landscaping is constructed
15 the screen shall be setback at least twenty ( 20) feet
16 from the property line . A building wall may be the
17 required screen upon the approval of the Planning
18 Department . Said berm shall be constructed at a maximum
19 slope of two ( 2 ) feet horizontal to one ( 1 ) foot vertical .
20 The top of said berm shall be a flat surface of at
21 least (6 ) feet in width . A security fence which is
22 optional shall be placed no closer than the internal
23 side of the berm or the required setback , whichever
24 is less . The landscape plan is to be prepared by a
25 licensed landscape architect and is to be approved
26 by the Planning Department. A performance bond for
27 one hundred fifty ( 150 ) percent of the estimated cost
28 of maintenance of landscaping for a three ( 3 ) year
29 period is required prior to the issuance of a building
30 permit . The berm and/or the screen is to be landscaped
31 so as to minimize the visual impact of the bulk
1S2 , storage as viewed from the pedestrian level . A retaining
CITY OF RENTON
PLANNING DEPARTMENT
j _
-4-
1 wall may be substituted for the internal side of
2 the berm provided the retaining wall is approved by
3 a licensed engineer .
4
5
6
7
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10
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20
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26'
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32
CITY OF RENTON
PLANNING DEPARTMENT
Figure 4-734.5-1(a)
LANDSCAPED BERM
........................................................
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CITY OF RENTON G7
• PLANNING DEPARTMENT
Figure 4-734.5-1(b)•
.
LANDSCAPED BERM AND OPAQUE SCREEN •
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30
• CITY OF RENTON _
PLANNING DEPARTMENT • G)
Figure 4-734.5-1(c)
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN a.
..............................................
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73
• CITY OF RENTON
PLANNING DEPARTMENT
Figure 4-734.5-1(d) . •
OPAQUE SCREEN WITH LANDSCAPING
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CITY OF RENTON
•- PLANNING DEPARTMENT G7
-9- Rev. G
1 6 . Signs . The only identification signs permitted shall
2 be one ( 1) sign per street frontage that shall be
' 3 four (4) feet in height or less , with a maximum of
4 two ( 2) faces and ,no more than thirty ( 30) square
5 feet per face . Such signs may be illuminated by
6 external lights . Exit and entrance signs two ( 2)
7 square feet in area or less may be placed at street
8 entrances'.
9 7 . Locational Criteria . The Planning Commission shall
10 review the impact of the proposed use to determine
11 whether it is compatible with the proposed site and
12 general area . The Planning Commission may require
13 any applicable Bulk Standard to be up to fifty ( 50)
14 percent more strict than specified to alleviate a
15 potential problem , providing it shall be shown :
16 1 . . That because of special circumstances applicable
17 . to subject property , including size , topography ,
18 location or surroundings and special characteristics
' 19 applicable to subject facilities including height,
20 surface drainage , toxic substances , :traffic and
21 access , sound , liquid waste , light and glare ,
22 odorants , flammable and explosive materials and
23 gaseous wastes , the strict application of the
24 Zoning Code and Bulk Storage Regulations is found to
' 25 deprive neighboring properties of rights and
26 priviliges enjoyed by other 'properties in the
27 vicinity and under identical zone classification ;
' 28 2 . That the application of more strict standards will
29 not be materially detrimental to the subject facility
30 and will maintain the full rights , privileges and '
31 environment of neighboring properties .
;32 3 . That the application of such modifications shall
CITY OF RENTON
PLANNING DEPARTMENT
• -10- Rev . G
1 •be supported by documented evidence of a clear
2 and compelling nature to justify such stricter
3 standards .
4 In the case of hardships affecting the subject property ,
5 variances to these Bulk Standards may be granted by
6 the Planning Commission subject to the conditions of
7 Section 4-731 (C ) ( B ) .
8
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32
CITY OF RENTON
PLANNING DEPARTMENT
-11-
1 8 . Surface Drainage .
2 The intent of this Standard is to protect property
3 from damage and loss due to flooding , erosion and
4 deposition caused by the adverse alteration of
5 natural drainage flow patterns and rates , and to
6 promote development practices which enhance the
7 quality , benefits and enjoyment of the natural
8 water courses .
9 1 . All property having a developmental coverage
10 totaling one thousand ( 1000) square feet or
11 more shall construct a drainage system
12 adequate to handle the peak discharge of
13 precipitation falling on the property during
14 a rain with a return period of fifty ( 50)
' 15 years . Such system shall not increase the
16 damage or loss to any property in the
17 drainage area due to flooding , erosion or
' 18 deposition .
19 2 . A drainage plan shall be approved by a
20 licensed engineer and submitted with the site
21 plan . The drainage
22 and site plans together shall identify all
, 23 areas to be serviced by the drainage system
24 and the source and type of all pollutants which
25 may enter the system.
26 3 . The water drained from any roof having a
27 gross area coverage of five hundred ( 500)
28 square feet or more shall be collected and
29 conducted into one or more ground water sumps
30 of a design and capacity as per § 4-734 .8 . 7.
31 An overflow of one hundred ( 100) percent of the
32 collected roof flow shall be assumed for a
CITY OF RENTON
PLANNING DEPARTMENT
11,
- 12-
1 design input to the drainage system.
2 4 . 'The natural water runoff from paved and
3 unpaved surfaces used for driveways , vehicle
4 access , parking , loading of packaged goods ,
5 and any uncovered vehicle storage area shall
6 be managed in order to retard the flow , deposit
7 silt , allow for the removal of pollutants , and
8 encourage ground water recharge when an
9 acceptable water quality exists .
10 5 . All water of either a natural source or added
11 by man contributing to surface runoff from
12 areas used for the outdoor storage of materials
13 in either their own containers or exposed and
14 those areas over which materials are trans-
15 s ported by any method shall be serviced by an
b
16 isolable segment of the drainage system. The
17 isolable segment shall incorporate a water
18 holding system if a product spillage would
19 result in the pollution of natural waters .
20 The holding system shall be of sufficient cap-
21 acity to prevent any loss of polluted water
22 prior to treatment of the water for the removal
23 or neutralization of the harmful pollutants
b
24 , or placement of the polluted water in containers
25 for disposal as chemical waste .
26 6 . All water released into any part of the
27 natural water system shall comply with all
26 rules , standards and compatibility require-
29 ments and those hereafter amended or promul -
30 gated by the Washington State Department •of
31 Ecology or any successor department or agency
32 thereof .
CITY OF RENTON
PLANNING DEPARTMENT
11,
-13-
1
1 7 . The drainage system elements required under
2 § 4-734 . 3 shall comply with the design and
3 specifications furnished by the City of
4 - Renton Public Works Department . Larger and
5 more complex systems shall be designed by
6 a licensed engineer when required by the
7 • Public Works Department .
8 8. The exposed ground surfaces used for and
9 immediately surrounding the outdoor storage of
10 materials in either their own containers or
11 exposed and those areas over which materials
12 are transported by any method or means shall
13 be made impervious to all liquids which may
14 result in the contamination of the underlying
15 soil . Contaminating liquids shall also include
16 those solid chemicals which are readily soluble
17 in water and may be transported into the
18 subsoil and ground water by dissolution in surface
19 water.
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1 32
CITY OF RENTON
PLANNING DEPARTMENT
Rev . E
-14-
1 9. Toxic Substances .
2 The intent of this Standard is to extend to the
3 general public basic precautions used in industry
.4 dealing with the exposure of workers to toxic
. 5 materials . As a requisite to protecting the public
6 health and welfare , and especially as that public
7 includes the very young and other sensitive members ,
8 the environment should be kept free of unnecessary
9 concentrations of these toxic substances by using
10 the highest and best available technology in all
11 phases of manufacture and handling and by a sincere
12 commitment to good housekeeping practices .
13. 1 . The ambient air quality standards specified in
14 Regulation I of the Puget Sound Air Pollution
15 Control Agency ( PSAPCA) shall apply to all air
16 contaminants specifically listed therein .
17 2 . . Those toxic substances not specifically listed
18 in Regulation I of the PSAPCA , but released into
19 the ambient air shall be in accordance with the
20 fractional quantities set forth in §4-734 . 9 . 3 ,
21 §4-734 . 9 . 4 and 4-734 . 9 .'5_ and for those toxic
22 substances listed in the most current publication
23 entitled Threshold Limit Values , of the American
24 Conference of Governmental Industrial Hygienists
25 (ACGIH ) .
26 3 . The concentration of a single toxic substance
27 measured in an air sample shall not exceed 1/50.
28 of the Threshold Limit Value or Ceiling "C" Limit
29 Value at the lot lines or 1/ 100 of the Threshold
30 Limit Value or Ceiling "C" Limit Value at the
31 1ot-district line .
32 CITY OF RENTON
PLANNING DEPARTMENT
•
-15- Rev . E
4 . The presence of two or more toxic substances in
2 , an air sample shall be assumed to have a simple
31 additive combined effect in the absence of infor-
mation to •the contrary . That is , the values of
5 the different fractional concentrations for each
toxic substance present in the air sample shall add
7 up to less than the number one ( 1 ) . When the
81 fractional concentration of a toxic substance is
designated by F , for "n" different toxins , then
10,
Ftoxin 1 + Ftoxin 2 + " ' + Ftoxin n 1
11
1
12 otherwise the threshold level value for the
13 LL combination of toxic substance is exceeded .
14 5 . Those substances listed in Threshold Limit Values
15 as proven carcinogenic in man shall not exceed
161 1/50 of—the threshold limit value at the lot lines
171 or 1/ 100 of the threshold limit value at the lot-
18 , district lines , when a value is given . Such
19 carcinogenic substances having no listed
20 threshold limit value shall not be detectable
21
by the most sensitive method in air samples
22 taken at the lot or lot-district lines .
23
6 . The measurement of toxic substances shall be by
241 means of an air sample taken at ground level or
251 habitable elevation , and shall be the average of
26 any continuous twenty-four ( 24) hour sampling
27 period for threshold limit values or a one time
28 maximum concentration for ceiling °'C" limit values .
291 7 . The samples shall be taken by a qualified person
30 and the concentrations of toxic substances shall
31 be measured in a certified laboratory or facility
32 at the request of the administrative official .
CITY OF RENTON
PLANNING DEPARTMENT
Rev . D
-16-
1 10.. Traffic and Access Control
2 The intent of this Standard is to promote the safety
3 of travel on public streets in industrial areas
4 where dense and variable traffic flows cause additional
5 hazards to persons and property and to provide for
6 uninterruptable access to all properties and neigh-
7 bors of a potential major fire , emergency or hazard .
8 1 . All lots used by an industry of recognized
9 higher risk shall be served on at least two
10 sides by accesses dimensional equal to an
11 industrual access street . Such accesses
12 shall be continuously open to City Departments
13 for clearing or repair at the owners expense .
14 2 . When on-site emergency access is required for.
15 fire or other emergency equipment , a through
16 route shall be provided and maintained in a
17 free and open condition at all times , with an
18 exit from the lot different from the entrance
19 and separated by at least three hundred ( 300 )
20 feet when not on opposite sides of the lot .
21 3. A definitive traffic flow pattern shall be
22 provided on the property for all traffic , both
23 truck and automobile , such that all traffic
24 shall cross lot lines travelling in a forward
25 direction . Curb-cuts shall be kept to a
26 minimum in 'both number and width con-
27 sistent with the property traffic flow pattern .
28 4. Necessary transportation between different parts
29 of the same building or complex of buildings
30 when located on one continuous lot shall be by
31 private access routes , confined to the property
32 so as to not cause unnecessary congestion or
CITY OF RENTON
PIj 'KING DEPARrMcart
•
-17- Rev . G
hazards on public streets . Such on-site
2 access routes shall be located at a distance
3 of at least ten ( 10 ) feet , or on the property
4 side of 'any required planting strip , from all
5 pedestrian sidewalks . If no sidewalk is
6 provided , then to the edge of the, public
7 right-of-way .
8 5 . Provisions shall be made for the separation
9 of parking of private automobiles from any
10 space or area used for manuevering , parking
11 or loading of any truck , vehicle or trailer
12 either while attached to or unattached from
13 any mover.
14 6 . Any fire or emergency access , including but
15 not limited to i4-734 . 10 . 2 shall conform with
16 the recommendations of the Renton Fire
17 Department and together with a traffic flow
18 pattern , when required , shall be clearly
19 defined on a site plan .
20 7 . Overpasses extending over a public right-of-
21 way shall be limited to pedestrian foot traffic
22 except that conduits for the transmission of
23 information may be included if concealed
24 within the primary structure of the overpass . .
2: The design , lighting and landscaping of such
26 structures shall clearly exhibit a high level
27 of aesthetic design and furthermore shall be
28 reviewed and approved by the Planning Department .
29
30
31
32 CITY OF RENTON
PLANNING DEPARTMENT
•
Rev . D
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•
1 8 . All on-site surfaces used for daily traffic
2 within the lot or as a part of the traffic flow
3 pattern required in §4-734. 10 . 3 shall be paved
4 and maintained in a good condition with an
5 asphalt surfacing , or its equivalent if approved
6 by the administrative official , to prevent the
7 generation of dust or the tracking of mud onto
8 public right-of-ways .
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CITY,OF RENTON
V
-19-
•
1 11'. Sound.
2 The intent of this Standard is to establish maximum
3 , sound levels for industrial sources as received in
4 other properties of the same or different environ-
5 mental -use designation . This is accomplished by
6 ; implementing the sound level requirements of the
7 Washington Administrative Code (WAC ) , Chapter 173-60 ,
8 - "Maximum Environmental Noise Levels " , as it applies
9 ' to industrial sources of sound and all sound
10 receptors .
11 1 . The classification of land-use environments
12 shall be as prescribed in WAC 173-60-030 . The
13 Classifications for Use Districts (Zoning Codes )
14 of the City of Renton shall be assigned the
15 Environmental Designation for Noise Abatement
16 , ( EDNA) Codes as follows :
17 EDNA Class A; S- 1 , G , GS- 1 , G-9600 , G-8400 ,
18 SR- 1 , G-7200 , G-6000 , R-1
19 R-2 , SR-2 , R-3 , R-4 , T , P- 1
20
21 , EDNA Class B ; B-P , B-1
22 EDNA Class C ; L- 1 , M-P , H-1 ,
23 2 . The sound level shall be measured as the A-weight-
24 ed sound pressure level with a sound level meter
25 of Type 1 or Type 2 which conforms to the
26 Specification ANSI S1,. 4- 1971 of the American
27 National Standards Institute . The sound level
28 values are the A-weighted sound level in decibels
29 (dB) .
30 3. The location for measurement of sound levels shall
31 , be at any point within the receiving property .
321 Enforcement shall be undertaken only upon receipt
CITY Of RENTON
PLANNING DEPARTMENT
V
•
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1 of a complaint made by a person who resides ,
2 • - owns property , or is employed in the area
3 affected by- the complained of noise . Public
4 Districts including , but not limited to ,
5 parks , recreational areas , lake areas , green-
6 belts and wildlife sanctuaries shall be moni -
7 tored by the administrative official .
8 4 . The sound level of an industrial (EDNA Class C )
9 sound source when measured in the prescribed
10 manner and location shall not exceed those
. 11 values given in Schedule 4-734 . 11- 1 . All
12 maximum sound level values for impulsive sounds
13 shall be reduced five (5 ) decibels when measured
14 with the A-weighted network .
15 5 . The hours of lower sound levels in EDNA Class A
16 environments shall be extended for all hours
17 of the weekend , from midnight Friday to midnight
18 Sunday , and the following holidays , as officially
19 observed -by the City of Renton : New Year ' s
20 Day , Washington ' s Birthday , Memorial Day ,
21 Independence Day , Labor Day , Veteran ' s Day ,
22 Thanksgiving Day and Christmas Day.
23 6 . Exemptions to sound requirements of this ordinance
24 shall be the same as those provided in
25 "Washington Administrative Code , " WAC 173-60-050 .
26
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32
CITY OF RENTON
PLANNING DEPARTMENT
111
Rev . D
-21-
Schedule 4-734 . 11- 1
PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES
FROM EDNA CLASS C (INDUSTRIAL) SOURCE
EDNA CLASS MAXIMUM DURATION IN APPLICABLE
OF RECEPTOR SOUND LEVEL1 ANY ONE-HOUR HOURS3
(dB (A) ) PERIOD (min )
A 60 Continually 7am - 10pm
A 65 15
A 70 5 1152
A 75 1' 7am - 10pm
A 50 Continually 10pm - 7am
• . A 55 15
A 60 5 152
A 65 12 10pm - 7am
6 65 Continually All
B 70 15
B 75 5 j152
B 80 12 All
C 70 Continually All
C 75 15
C 80 5 1, 152
C 85 1 z - All
1 . Source : Chapter 173-60 , Washington Administrative Code
"Maximum Environmental Noise Levels " .
2. Total not to exceed 15 minutes in any one hour.
3 . The lower noise levels in EDNA Class A apply on all hours
of the weekends and holidays .
-22-
1 12 .. Liquid Waste . •
2 The intent of this Standard is to preserve and
3 enhance the quality of the environment and protect
4 the public health and welfare by preventing
5 the disposal of liquid industrial wastes by
6 unacceptable methods and in unapproved areas .
7 1 . The discharge of all waterless liquid waste
8 shall be subject to the conditions of §4-734 . 12 . 3
9 and/or disposed of by a liquid waste disposal
10 company .
11 2 . The discharge of any water containing liquid , gas
12 . or solid wastes in solution and/or as a mixture
13 into any part of the natural water system shall
14 comply with the standards and compatibility
15 requirements of the Washington State Department of
16 Ecology or any successor department or agency thereof.
17 The administrative official shall be supplied
18 with a true copy of any and all discharge permits
19 issued to the facility by the State of Washington
20 Department of Ecology .
21 3. All wastes discharged into a sewerage system
22 shall comply with the applicable regulations
23 of the City of Renton and The Municipality of
24 Metropolitan Seattle Sewerage System governing
25 the control and disposal of industrial waste .
26 4 . All liquid wastes undisposable by treatment ,
27 after treatment , or by sewerage system shall
28 be disposed of on a scheduled basis clearly
29 • related in both rate and magnitude with the
30 industrial process or source generating the waste .
31
32
CITY OF RENTON
a - Q..,...evINfs.DEP•DTAAro
II, .
III •Rev . D
--23-
.5 . . Upon the request of the administrative official
2, . the industry shall provide substantial proof of
3. • having disposed of liquid waste , ' falling in the
• categories of §4-734. 12 . 4 equal to or greater
than eighty (80 ) percent in either volume or
6 weight of . the amount generated during the previous
, six (6) months of operation . •
8 '6 . The release of odorants or gaseous wastes
9 from liquid wastes awaiting disposal shall be
10 prevented by using adequate means of storage
11 and 'all other reasonable means necessary .
•
12 7 . Any treatment of liquid waste solely for the
13 ' , purpose of disposal shall be permitted when
14 the generation of any solid or gaseous wastes
15 is adequately handled in compliance with these
16 Standards and all other rules and regulations
' 17 of state and regional agencies . Such treatment
18 shall employ the latest and best technology
19 and equipment ,currently available to industry .
20 Liquid waste shall include surface runoff waters
21 as per Section 4-734 . 8 'when contaminated with
22 chemicals , oils or other toxic substances,.
23 • '
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32 '
CITY OF RENTON
III 1
-24-
1 13 , Li . ht and Glare .
2 The intent of this Standard is to afford the
3 public the safety of adequate lighting while
4 avoiding unnecessary glare and exposure to
5 excessive outdoor illumination which may create
6 a hazard or unreasonably interfere with the relaxation
7 and enjoyment of public open spaces , right-of-ways ,
8 and normal residential activities and pursuits .
9 1 . Illumination levels shall be measured with
10 a photoelectric photometer ( light-meter)
11 having a spectral response similar to that
12 of the human eye , following the standard
13 spectral luminous efficiency curve adopted
14 by the International Commission of Illumination .
15 2 . The illumination from all sources located on
16 a lot shall have the maximum value of eleven
17
( 11 ) lumens per square meter outside of lot
15 - lines and six (6) lumens per square meter
19 outside the district line . In all cases of conflict
20 the district lines value shall apply .
21
22
23 3 . The intrinsic brightness of any source visible
24 beyond the district lines shall have a maximum
25 value of fifty ( 50) candles per square centimeter .
26 4 . Intermittent , rotating or flashing lights of
27 an intrinsic brightness greater than two ( 2)
28 candles per square centimeter and with a
29 frequency greater than once in any five ( 5)
30 second time period shall not be visible beyond
31 district lines unless for the sole purpose of
32 alarm or giving warning .
CITY OF RENTON
PLANNING DEPARTMENT
_
111
-25-
1 14 . Odorants . The intent of this Standard is to
. 2 prevent the occurance of certain offensive
3 odors in the environment by limiting the concen-
4 tration of chemical compounds which are known to
5 produce strong olfactory responses . This
6 Standard does not attempt to determine the
; 7 intrinsic or subjective good or bad qualities of
8 an odor , but only that the concentration of
. 9 specific constituent compounds are above adopted
10 values which have been accepted for the health
11 and well being of the general public .
• 12 1 . The concentration of specific compounds
13 listed in Schedule 4-734 . 14- 1 shall not
14 exceed the odor threshold values in two
15 consecutive air samples . Three air samples
16 are to be taken over a two ( 2 ) hour period ,
17 one sample each at the beginning and end
18 of the test period and one sample near the
19 time midway through the sample period . The
20 administrative official may establish the
21 time of the sample period .
22 2 . The location for taking the three samples
23 shall remain fixed during the test period
24 and shall be at a point outside lot lines ,
25 at ground level or habitable elevations
26 and a safe and reasonable place consistent
27 with the location of the reported violation .
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30
31 •
32
CITY OF RENTON
PLANNING DEPARTMENT
41P Rev . E
-26- •
1 3. Monitoring shall be undertaken only
upon receipt of a complaint made by a
,3 person who resides , owns property , or is
4 employed in the area affected by the
5 complained of odors , unless the area
6 is designated as a public use area where-
7 upon all complaints will be accepted'.
8 4 . When more than one concentration is
9 listed for a substance in these Standards ,
10 the more stringent shall apply .
11 5 . The samples shall be taken by a qualified
12 person and the concentrations of . odorants
13 shall be measured in a certified laboratory
14 or facility at the request of the
15 administrative official .
16 6 . Nothing in this Standard shall be construed
17 to impair any cause of action or legal
18 remedy therefor of any person , or the
19 public for injury or damages arising from
20 the emission of any ,odorant in such place ,
21 manner or concentration as to constitute
22 air pollution or a common law nuisance .
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28
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30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
. -w • •
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-27- Rev . G
Schedule 4-734 . 14- 1
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
1
ODOR THRESHOLD1
No . POLLUTANT
Wm) (mg/m3 )
1 Acetone 320 770
2 Acrolein 15 35
3 Allyl disulphide 0. 0001 0 . 00006
4 Allyl mercaptan 0 . 00005 0 . 00015
5 Ammonia 0 . 037 0 . 026
6 Amyl alcohol 10 35
7 Apiole 0. 0063 0 . 057
8 Benzene 60 180
9 i -Butanol 40 120
10 n-Butanol 11 33
11 i -Butylacetate 4 17
12 n-Butylacetate 7 35
13 n-Butylformate 17 70
14 butyric acid 0 . 00028 0 . 000001
15 Camphor 16 100
16 Carbon disulphide 7 . 7 23
17 Carbontetrachloride 200 1260
18 Chlorine 0 . 01 0. 029
19 Diacetyl 0 . 025 0 . 088
20 1 , 2-Dichloroethane 110 450
21 Diethylketone 9 . 33
22 Dimethylamine 6 11
' 23 Dimethyl sulphide - 0. 02 0 . 051
24 Dioxane 170 620
25 Ethanol 50 93
26 Ethylacetate 50 180
27 Ethyleneglycol , 25 90
28 Ethyl mercaptan 0 . 000016 0 . 00004
29 Ethyl selenide 0 . 000062 0 . 00035
30 Ethyl selenomercaptan 0 . 0000018 0 . 000008
31 Ethyl sulphide 0 . 00025 0 . 00092
32 Heptane 220 930
33 Hydrogen .selenide 3 10
34 Hydrogen sulphide 0 . 0011 0 . 0015
35 Iodoform 0 . 00037 0 . 0061
36 Ionone 0 . 000000059 , 0 . 00000046
37 Methanol 5900 7800
38 Methylacetate 200 550
39 Methylenechloride 150 550
40 Methylethylketone 25 80
41 Methylformate 2000 5000
42 Methyleneglycol 60 190
' 43 Methyl - i -butylketone 8 32
44 Methyl mercaptan 0 . 0011 0 . 0022
• 45 Methylpropylketone 8 27
46 Octane 150 710
47 1 Ozone 0 . 1 0 . 2
48 Phenol 3 12 '
49 i -Propanol 40 90
50 n-Propanol 30 80
-28- Rev . G
Schedule 4-734. 14- 1 (cont ' d )
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD1
No . POLLUTANT
( ppm) (mg/m3 )
51 i -Propylacetate 30 • 140
52 _ n-Propylacetate 20 70
53 Propyl mercaptan 0 . 000075 0 . 00023
54 Pyridine 0. 012 0. 04
55 Skatole 0 . 000000075 0 . 0000004
56 Sulphur dioxide 30 79
57 Tetrachloroethylene • 50 320
58 Tetrahydrofuran 30 90
59 Toluene 40 140
60 1 , 1 , 1-Trichloroethane 400 2100
61 Trichloroethylene 80 440
62 Trimethylamine 4 96
63 Valeric acid 0 . 00062 0 . 0026
64 Vanillin 0 . 000000032 0 . 0000002
65 Xylene 20 100
1 ppm is parts per million at 20 ° C and 76.0 Torr
mg/m3 is milligrams per cubic meter
•
-29- Rev . G
1- 15 . Flammable and Explosive Materials .
2 The intent of this Standard is to provide adequate
3 separation between flammable or explosive materials
4 and the neighboring properties and public areas ,
5 total containment of all flammable , toxic and poll -
6 uting liquid materials , limits for the stored
7 quantity of flammable and explosive materials as
8 a function of property area , and all other
9 reasonable safety measures deemed necessary for
10 the protection of people , property , and the
11 environment from the threat and destruction of
12 fire and/or explosion , and to prevent encumbering
13 adjoining properties with burdens which are related
14 to the hazards of flammable and explosive materials .
15 ' 1 . An industry shall not impose economic burdens
16 such as , but not limited to higher insurance rates
17 and/or operational limitations upon neighboring
18 facilities due to its location and hazardous
19 . nature . All necessary modifications shall be made
20 to both such characteristics and the site plan
21 SO as to not impact neighboring facilities .
22 2 . An industry or facility storing for its own
23 . use or redistribution any flammable , toxic or
241 polluting liquid of a capacity equal to or
25 greater than the lesser of that quantity
26 sufficient to result in a flow across lot lines
27 or a quantity of fifteen ( 15 ) cubic inches per
28 square foot of total lot area shall construct
29 a permanent continuous dyke surrounding all
30 ; buildings , structures and facilities which •
31 . •could contribute to the flow. The capacity
32 ; of the dyked area shall be one hundred ( 100 )
CITY Of RENTON
• PLANNING DEPARTMENT
•
-30- Rev . G
•
1 percent of the maximum possible, volume of
2 stored liquid and the top of the dyke shall
3 be at least one ( 1 ) foot above this liquid level .
4 The dyke shall be designed and constructed in
5 such a manner that there is no visible leakage
6 on or below any portion of the exterior dyke
7 surface which is below the level of the confined
8 liquid after a forty-eight (48 ) hour period .
9 A report on a test of a typical dyke section
10 constructed to full scale shall be prepared by
11 a licensed engineer and submitted as proof of
12, the design .
13
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31 .
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CITY OF RENTON
PLANNING DEPARTMENT
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1 .
2
3
•
•
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6
7
8 . •
9
10 3 . The dyke shall be of earthen material with two
11 . sloping sides and a maximum slope of two (2 )
12 feet of width to each one ( 1 ) foot of rise .
13 The top of the dyke shall be flat and of at least
14 six (6 ) feet 'in width . The slopes of the dyke
15 shall extend to grade level without any vertical
16 cuts or retaining walls . The design of the dyke
17 shall minimize the likelihood of damage by
18 major earthquakes whose .epicenters are located' fn
19 the Pacific Northwest . All ingress into and
• 20 egress from the inner side of the dyke shall be over
21 the dyke top . The roadway shall be constructed
22 so as to not weaken the dyke or decrease its
23 resistance to earthquake damage . When the holding
24 ! dyke and landscaped berm are one and the same
25 ' structure no vertical cuts or retaining walls shall
26 be allowed in the common structure .
27 • 4 . On-site fire suppression systems shall be fully
28 automatic with manual overrides from at least two
29 locations outside the dyked area . The fire suppression
30 system shall be connected to Central Dispatch of the City of
31 Renton by means of a Remote Station Protective Signaling System,
32 in accordance with the specifications of the National Fire Code,
Volume 7, of the National Fire Protection Association.
.CITY OF RENTON
•
PLANNING DEPARTMENT
-32-
Rev . G
1
2
3
4
5 •
6 5 . The manufacture and/or storage of explosives or
7 blasting agents shall comply with the quantities
8 and locations setforth in Schedule 4-734. 15- 1
9 as per type of explosive , quantity to be manu-
10 factured and/or stored and the distances from
11 the lot lines . The quantities are the maximum
12 amount that shall be allowed for any one company ,
13 facility or site . The stated distances are the
14 minimum that shall be allowed .
15 6 . The manufacture and/or storage of explosives ,
16 blasting agents and similar such substances shall
17 comply with all other conditions and , regulations
18 setforth in Title 7 , Chapter 6 , " Explosives " of
19 ' the Revised and Compiled Ordinances of the City
20 of Renton and in the "Washington State Explosives
21 Act " , Chapter 70 . 74 of the Washington Administration
22 Code .
23 7 . The latest and best technology and equipment shall
24 be used for the prevention of fires and explosions ,
25 for the detection of fires and other related
26 hazards , and for the protection of life and property
27 from fires , explosions and their related effects .
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
•
-33-
1 8 . A holding dyke or wall required by the
2 Uniform Fire Code shall comply with
3 such Code requirements . The dyke required
4 by the Uniform Fire Code and the dyke
5 required by the Bulk Regulations may be
6 identical when the Bulk Regulation dyke
7 is not common with the landscaped berm.
8 The dyke required by the Uniform Fire
9 Code shall be setback at least fifty (50 )
10 , feet in addition to the required yard set-
11 back . The fifty (50 ) feet shall be measured
12 from the setback to the toe of the dyke .
13
14
15
16
17
18
19
20
21
22
23
24
25
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27
. 28
29
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•
CITY OF RENTON
PLANNING DEPARTMENT
• ,
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•
•
Schedule 4-734 . 15- 1
QUANTITY AND DISTANCE FOR
EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE
EXPLOSIVE QUANTITY DISTANCE FROM LOT LINES
MATERIAL1 POUNDS POUNDS -
OVER NOT OVER FEET
Explosive-Class A 0 • 5 280 • ,
0 5 280
Blasting'
Agents 5 10 360
10 20 440
20 30 500 •
Explosive 0 5 210
Class B and C 5 10• 270
10 20 330
20 30 380
30 40 420
40 50 450
1 Definition and classification as per "Washington State
Explosive Act" , WAC 70 . 74 , as amended by Chapter 72 ,
Laws of 1970.
111
-35- Rev . G
1, 16 . Gaseous Waste and Other Emissions .
2; The intent of this Standard is to limit the unnecessary
3' generation of all air contaminants , to decrease • the
4, annual emissions from stationary sources and all
related transfer operations on the site by controlling
land-use intensity and requiring the use of the latest
7; -and best technology for the control of all air-borne
8 contaminants in order to achieve and maintain a health-
ful environment of clean air .
19 1 . Process methods and procedures currently available
11 in industry which are known to cause fewer in
12 number and lesser quantities of air contaminants ,
13 shall be used in all cases . In addition the
14 latest and best technology and equipment shall
15 be used for the control and removal of all
16 air contaminants .
2 . Compliance with §4-734 . 16 . 1 does not relieve
18 the owner or operator of the facility of the
19 responsibility of meeting the requirements of
20 Regulation I of the Puget Sound Air Pollution
21 Control Agency .
24 3 . It shall be the responsibility of the developer
23 of the facility to ascertain the information
24 required in 4-734 . 16 . 1 and to report such
25 findings to the administrative official .
26 4 . The emission of specific substances into the air
2 , shall be limited to the total annual and spatial
28 density , relative to land-use for each facility
29 as setforth in Schedule 4-734 . 16- 1 .
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
•
• - 36 - Rev . G
1 5 . A facility shall be capable of achieving a
2 condition of near-zero discharge during an
3 alert or higher stage of a declared air pollu-
4 tion episode and shall employ all operational
5 and technical means to reach the lowest
6 physically possible quantity of emissions
during the entire alert period . It shall be
8 the responsibility of the administrative official
9 to enforce a reduction in the process weight to
10 comply with this restriction .
11
12
13
14
15 •
16
17
18
19
20
21
22
• 23
24
25
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27
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29
30
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32
CITY OF RENTON
PLANNING DEPARTMENT•
C
1 6 . All ground surfaces not included in developmental
2 coverage, left in an undisturbed condition of
3 natural flora , or required landscaping and which
4 may contribute to the amount of 'airborne particu-
5 ' late matter shall be suitably covered by , but not
6 , limited to , hydroseeding with grass to prevent
7 the generation of dust .
8 7 . All new facilities or expansion of existing facili -
9 ties , unless exempted by the limitations in
10 Schedule 4-734 . 16- 1 , shall provide an initial
11 ' report covering the emission of those specific
12 substances listed in Schedule 4-734. 16- 1 . The
13 report shall cover the first three ( 3 ) months
14 of operation and shall be filed with the admini-
15 strative official within thirty ( 30 ) days after
16 ; the end of the reporting period . The report shall
17 enumerate all sources by type or category coritribu-
18 ting ten ( 10 ) percent or more of the total emission
19 ' for each specific substance . The total of all sources
20 contributing less than ten ( 10 ) percent individually
21 ' may •be grouped as one entry and if so shall specify
22 the number of sources included . The report shall
23 contain such information or analyses as will disclose
24 the reported values of the emissions which are or
25 may be discharged by such source . The report shall
26 , be certified by a licensed engineer .
27 8. Each emissiom greater than twenty ( 20 ) percent of
28 the "annual weight per facility" or "spatial density" ,
29 computed on an annual basis , as reported in §4-734 , 16 . 7
30 shall be reported thereafter on a quarterly basis until
31 , such time as the total weight of the specific emission
32 drops below and remains below the twenty ( 20 ) percent
CITY OF RENTON
PLANNING DEPARTMENT
•
•
•.
- 38-
1 specified above . Such reports shall be due and
2 filed with the administrative official within
3 thirty (30 ) days after the end of the reporting
4 quarter. The beginning and ending dates of each
5 quarter shall be established by the administrative
6 official .
7 9 . Each facility subject to this Standard shall be
8 respon'sible for notifying the administrative official
9 of all new initial emissions of a substance listed
10 in Schedule 4-734 . 16- 1 and all increases in emissions
11 from new or old sources which will raise the
12 emissions of that specific substance for existing
13 sources , above the twenty ( 20 ) percent level
14 specified in §4-734. 16 . 8 . Such notification
- 15 will be in a report as per §4-734 , 16 . 7 .
16 10 . In addition to such reports as •required in
17 §4-734 , 16 . 7 , 4-734 . 16 . 8 and 4-734 . 16 . 9 , the
18 administrative official may designate and employ
19 a licensed engineer of his choice to make an
20 independent 's-tudy and report as to the type and
21 quantity of emissions which are or may be dis-
22 charged from the source . An engineer so designated
23 is authorized to enter and irispect any article ,
24 machine , equipment or contrivance necessary to
25 make the inspection and report .
26
27
28
29
- 30 .
31
32
CITY OF RENTON
PLANNING DEPARTMENT
- 39- ,
1 11 . The site of bulk storage facilities emitting
2 any of those substances listed in Schedule
3 4-734 . 16-1 shall comply with the following
4 limitation on location . No new facility or
5 expansion of an existing facility shall be
6 permitted within five thousand L5000) feet
7 of existing bulk storage facilities if their
8 combined emission for any of the listed sub-
9 stances exceeds two (2) times the permitted
10 annual emission of the substance for a single
11 , facility . The emissions of applicable existing
12 facilities shall be reduced as per ss4-734 .16 .12 .
13 12 . All existing bulk storage facilities on the
14 ' effective date of this ordinance and emitting
15 more than the maximum permitted emission of
16 any listed substance shall be assumed as
17 having the maximum permitted emission for the
18 purpose of calculating the locational density
19 of facilities as specified in i4-734 .16 .11 .
20 For the purpose of this Standard existing
21 bulk storage facilities shall include those
22 facilities for which substantial construction ,
23 other than site preparation , is in progress
24 and as determined by the administrative official .
25 13 . All existing facilities qualifying under § 4-734 .
26 16 . 12 shall comply with the emission standards
27 setforth in Schedule 4-734 . 16-1 within three (3 )
28 ' years of the effective date of this ordinance .
29 ' A one time extension of up to two (2) years may be
30 granted by the administrative official upon the
31 showing of good cause why compliance cannot be
32 achieved within the specified time period .
CITY Of RENTON
PLANNING DEPARTMENT
• -40-
1 14 . All sources or points of emissions within
2 the lot lines shall be suitably controlled
3 by a reduction or recovery of emissions with
. 4 an overall efficiency of ninety (90) percent
5 or greater when compared to the uncontrolled
6 system and when the equipment and technology
7 are readily available . Sources and points
8 of emission shall include the carrier vehicle
9 and any transfer mechanism when actively
10 engaged in loading or -unloading operations .
11 Control shall include , but is not limited to ;
12 vapor recovery systems for volatile liquids
13 and hoods or fully enclosed buildings with
14 exhaust fans and filters or their equivalent
15 for transfer operations generating airborne
16 particulates . Such emission control shall
17 be required even though the emissions of
18 the bulk storage facility are below the
19 maximum permitted levels .
20
21
22
23
24
25 •
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27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
•
•
-41-
Schedule 4-734. 16- 1
TOTAL ANNUAL EMISSION AND SPATIAL DENSITY
OF SPECIFIC SUBSTANCES
MAXIMUM
MEASURED WEIGHT PER SPATIAL
SUBSTANCE AS FACILITY DENSITY1 LIMITATIONS
(Tons/Year) ( Units/Acre )
Hydrocarbons Carbon 100 . 0 9 . 00 Tons None
Watervapor N
Sulfur Oxides
Nitrogen Dioxide
The annual emission per facility and
Carbon Monoxide spatial density shall be equivalent to
the allowable emissions and ambient
Photochemical air concentrations established in
Oxidants Regulation I of the Puget Sound Air
Pollution Control Agency .
•
Suspended
Particulates
Arsenic
1 . Fractions of an acre shall be alloted an equivalent portion of
the emission arid' rounded out to the nearest significant figure
,as shown in the table .
•
- ,
-42- Rev . G
1 SECTION II: •
2 Existing Section 4-702 ( Definitions ) of Title IV ( Building
3 Regulations ) of Ordinance No . 1628 entitled "Code. of General
4 Ordinances of the City . of Renton" is hereby amended to add
5 the following definitions :
6
Sections 4-702 (25 ) through 4-702 ( 61) as added :
7
8 (25 ) "Administrative Official " : The individual ( s )
9 in the Developmental Services Division of the
10 Public Works Department , or his designee , so
11 designated to administer the various Performance
12 Standards as set forth by ordinance .
13 ('26 ) "Alert" : The lowest stage of an Air Pollution
14 Episode and declared by the Department of Ecology .
15 ( 27 ) "Blasting agent" : Any material or mixture con-
16 sisting of a fuel and oxidizer , intended for
17 blasting , not otherwise classified as an explosive ,
18 and in which none of the ingredients are classified
19 as an explosive , provided that the finished product ,
20 as mixed and packaged for use or shipment , cannot
21 be detonated when confined by means of a No . 8
22 test blasting cap .
23 ( 28) "Bulk Storage" : The holding or stockpiling on
24 land of materials and/or products according to
25 all the following five conditions ; ( 1 ) in a bulk
26 form or in bulk containers ; ( 2) under protective
27 cover to the essential exclusion of other uses
28 of the same space due to special fixtures or
29 exposed to the elements ; ( 3) in sufficient numbers
30 quantities or spatial allocation of the site to
31 determine and rank such uses as the principal use
32 of the site ; ( 4) the major function is the
CITY OF RENTON
PLANNING DEPARTMENT
. •
-43- Rev . G
1 'collection and/or distribution of the materials
2 and/or products rather than processing ; and ( 5 )
3 the presence of fixed bulk containers or visible
4 stockpiles for a substantial period of a year.
5 A. Bulk storage facilities include , but are not
6 limited to :
7 ; 1 . Automobile holding and transfer depots .
8 ' 2 . Concrete block and products storage and
9 manufacturing of when on the same site .
1OI 3 . Equipment or machine storage not in ware-
11. ! house .
12 4 . Fuel yards , wholesale .
13 5 . Grain or feed silos , elevators or the open
14, storage of grain and feed .
15, 6 . Log , random cut and chipped wood by-products
16 storage .
171 7 . Sand and gravel yards including sizing ,
18 transfer and loading equipment when present.
19 8 . Scrap or junk yards and wrecking yards.
20 - including processing and handling equipment.
21'1 9 . Solid waste holding and disposal areas .
221 10 . Tank farms' including distribution, and loading
23 systems .
24 B . Bulk storage facilities include those industries
25 where at least forty ( 40) percent of the developed
26: area of the site is used for bulk storage , and
27' may include , but are not limited to :
28 1 . Brick or tile storage and manufacturing of .
29: 2 . Contractor equipment yards .
30 3 . Foundries .
31 4 . Lumber mills and wholesalers .
32
CITY OF RENTON
PLANNING DEPARTMENT
•
-44-. Rev . G
1 *C . Bulk storage facilities exclude :
2 1 . Land banks , greenbelts , watersheds or
3 public water reservoirs .
4 2 . Parking lots or structures for private
5 licensed automobiles :
6 3 . Ship yards .
7 4 . Warehouses alone or in conjunction with
8 manufacturing on the site and when not
9 including any of the uses in §4-702( 28)A ,
10 listed above .
11
12
13
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15 •
16
17
18
19
20
21
22 ( 29 ) " Capacity" : The volume of a liquid which could be
23 - retained within th.e dyked area without a breach of
24 the dyke at any point .
25 ( 30) " Ceiling "C" Limit Value" : A maximum concentration
26 of certain airborne materials which apply to the
27 conditions state in Threshold Limit Value and
28 adopted by ACGIH .
29 ( 31 ) "Certified" : A facility and staff qualified and
30 able to provide certain tests and measurements
31 relating to specific tasks and traceable to
32 established standards .
•
CITY OF RENTON
PLANNING DEPARTMENT
_ •
-45-
1, ( 32 ) "Conduit" : A tube for pneumatic shuttles , a
2 pipe for coaxial cables , a waveguide , a closed
3 path for laser transmission , fiber optics , or
4 similar function .
5' (33 ) "Container" : A structure of any size made or
6 used solely to hold or enclose a specific sub-
7; stance .
8' (34 ) " Daily Traffic" : An average of at least one
9 motor vehicle crossing in one direction per
10' working day for any continuous thirty day period .
11; ( 35 ) "Developmental coverage" : All developed surface
12'
areas within the subject property including ,
13 but not limited to buildings , paving , structures ,
14 areas covered by storage and altered or compacted
15' soils where the surface runoff is increased or
16 channelized .
17 ( 36 ) " District Line" : A boundary designating the
16 various use-districts or zones .
19 ( 37 ) "Drainage area" : The lands within a watershed
20 containing the subject property and potentially
21 active in the interchange of runoff water with the
22 property .
23 ( 38) " Drainage plan" : A design of the drainage system
24 including the essential information and calcu-
25 lations to provide the system performance .
20 ( 39 ) " Drainage system" : A system of collectors , catch
27
basins , sumps , holding ponds and the associated
28 culverts and ducting for the control of surface
29 water as a result of precipitation on the property
30 and may include the channeling of pre-existing
31 natural flows across the property .
32
CITY OF RENTON
PLANNING DEPARTMENT
• -
-46-
1 ( 40 ) " Explosive" : Any chemical compound or mechanical
2 mixture that is commonly used or intended for
3 the purpose of producing an explosion , that
4 contains any oxidizing and combustible units ,
5 or other ingredients , in such proportions ,
6 quantities or packing , that an ignition by
7 fire , by friction , by concussion , by percussion ,
8 or by detonation of any part of the compound
9 or mixture may cause such a sudden generation of
10- highly heated gasses that the resultant gaseous
11 pressures are capable of producing destructive
12 effects on contiguous objects or of destroying
13 life or limb . In addition , the term "explosives "
14 shall include all material which is classified
15 as Class A , Class B and Cl-ass C explosives by
16 the federal "aepartment of transportation ; provided ,
17 that for the purposes of this definition small
18 arms ammunition and small arms ammunition primers
19 shall not be defined as explosives .
20 (41 ) "Gross area coverage" : The area on a horizontal
21 plane outlined by the vertical projection of the
22 roof edges'.
23 (42 ) "Hazardous " : See " recognized higher risk" .
24 (43 ), " Impulsive Sound" : A sound of less than one ( 1 )
25 second duration , with an abrupt onset and rapid
26 decay and with a peak intensity of at least ten
27 ( 10 ) decibels , on the A-weighting network , greater
26 than the background sound level . The background
29 sound level is the average of the range observed
30 for a five ( 5 ) minute period no more than one ( 1 )
31 hour prior to the measurement of the impulsive
32 sound . •
CITY OF RENTON
PLANNING DEPARTMENT
•
-47-
(44) " Industrial access" : A type or class of street
2 specified in the Renton Subdivision Ordinance ,
3 Section 921108. 7 , Table 1 (Minimum Standards for
4 Development) .
51 (45 ) " Licensed" : An engineer holding a valid Washing-
• 6 ton State Professional Engineering License or
7 a professional person holding an appropriate
8 and valid Washington State License .
9
10
11 (46 ) "Lot-district lines " : The lot line of property
12, when it is congruent with the district line or
13 when the lot line and district line are so situated
14 that the lo.t line acts as the limit of development
15, for the zoned use , such as a street right-of-way
16; between the lot line and district line . Where
17 the district line is congruent with the City
18, Limits the zoning and use beyond the City Limits
19 shall be given the same consideration as the
201 City ' s zones .
21 ( 47 ) "Natural water system" : Any and all parts of
22 the hydrologic cycle independent of size and
23 residence time . The meaning includes "waters of
24 the state" as defined in RCW 90 . 48 . 020 .
25 (48 ) "Near-zero discharge" : The closest currently
26 possible approach 'to the ideal "zero-discharge" .
27, ( 49 ) "Neighboring facilities " : Those facilities which
28 share some common regional element of the natural
29 environment and includes more than adjacent or
30 nearby facilities .
31
32
CITY OF RENTON
PLANNING DEPARTMENT
410 )
-48-
•
1 (50 ) • "Odor Threshold" : The concentration of an
2 odorant in clean ambient air which is said
3 to produce an olfactory response in most people .
4 - (51 ) " Peak discharge" : The maximum surface water
5 runoff rate determined by the precipitation
6 • intensity and duration , and the surface properties .
7 ( 52 ) "Qualified" : A person who , by possession of a
•
8 recognized degree , certificate , or professional
9 standing , or who by extensive knowledge , training
10 and experience , has successfully demonstrated his
11 ability to solve or resolve problems relating
12 to the subject matter , the work , or the project .
13, . ( 53 ) " Recognized higher risk" : An industry or activity
. 14 which is so classified by the Washington Surveying
15 and Rating Bureau because of a greater loss
16 potential due to hazardous characteristics of the
17 product or process .
18 ( 54 ) "Return period" : When applied to rainfalls a
19 curve on the precipitation intensity-duration
20 graph availabe through the National Weather Service .
21 ' ( 55 ) " Roof" : Any cover made of a material or type of
22 construction so as to be impervious to water and
23 erected so as to delineate a fixed volume over a
24 permanently defined location for shielding the
25 space underneath from the natural elements .
26 ( 56 ) "Threshold Limit Value (TLV ) " : The concentration
27 of certain airborne materials representing condi -
28 tions under which it is believed and adopted by the
29 • American Conference of Governmental Industrial
30 Hygienists (ACGIH ) , that _nearly all workers may be
31 repeatedly exposed day after day without adverse
32 effects .
CITY OF RENTON
PLANNING DEPARTMENT
- •
-49- Rev . G
1 (57 ) - "Toxic substance" : Those materials listed and
2 documented by the American Conference of Govern-
3 mental Industrial Hygienists (ACGIH ) .
4 ( 58 ) "Visible- leakage" : The leakage of a liquid in
5 sufficient quantity to form beads , rivulets , or
6 trickles , but more than just a moistening of
7 the surface .
8 ( 59 ) "Warehouse" : A building entirely enclosed by a
9 roof and solid walls , except for windows and doors ,
10 and used to inclose and protect materials and goods .
11 The walls of such a building are not used to hold
12 or restrain goods in a bulk form.
13 ( 60 ) "Waste" : Any material , other than products not
14 having an immediate market and/or value , and/or
15 no further use or resource to the industry creating
16 such material .
17 (61 ) "Wildlife habitat" : An area officially recognized
18 and/or dedicated by the City , the State or Federal
19 Government for the propagation and benefit of
20 wildlife .
21
22
23
24
25
26
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
• ,
-50-
1 SECTION III :
2 This ordinance shall be effective from and after its
3 passage , approval and five ( 5 ) days after its publication ,
• 4 unless otherwise 'provided for hereinabove .
5
6 PASSED BY THE CITY COUNCIL THIS day of 19
7
8
9
Delores Mead , City Clerk
10
11
12 APPROVED BY THE MAYOR THIS _ day of 19
13
14
15 Avery Garrett , Mayor •
16 Approved as to form :
17
18 Gerard M. Shellan , City Attorney
19
20 Date of Publication
21 .
22 . •
23
24
25 .
26
•
27
28 •
29 .
30 .
31 .
32
CITY OF RENTON
•
PLANNING DEPARTMENT
PRELIMINARY
SUBJECT TO REVISION
•
PROPOSED AMENDMENTS
TO THE EIGHTH EDITION (AUGUST 14, 1975) OF THE
PROPOSED BULK STORAGE REGULATIONS WITH DEFINITIONS
•
•
AUGUST 22 , 1975 '
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT AND
THE CITY ATTORNEY
CITY OF RENTON
PLANNING DEPARTMENT
REVISION
-v
�~ TIDE CITY OF RENTON
o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
co AVERY GARRETT, MAYOR • PLANNING DEPARTMENT
Q- 235 - 2550
434itb SEP-
MEMORANDUM
August 25 , 1975 •
TO : All Recipients
FROM: Planning Department
SUBJECT : Revisions ( H ) to the "Proposed Bulk
Storage Regulations with Definitions "
as - Revised .
The attached revisions in part reflect the suggestions
of concerned industrial representatives who have
reviewed and commented on the "Proposed
Proposed Bulk Storage
Regulations with Definitions " . The' latest revisions
( H ) areunderlined where material has been deleted ,
inserted or otherwise changed .
These revisions contain the final additions of new
materials submitted -by the City of Renton as per •
direction of the Superior Court .
Consideration will be given to all materials submitted
and the Planning Department Staff will advise the
Community Services Committee of the Council of its
findings with regard to these materials and comments .
Z
TABLE OF CONTENTS Rev . H
•
SECTION TOPIC PAGE
1 Bulk Regulations
2 4-734. 1 Intent 1
3 4-734. 2 Special Permit 1
4 4-734 . 3 Height 2
5 4-734 . 4 Setbacks 2
6 4-734. 5 Landscaping 3
7 4-734 . 6 Signs 9
8 4-734. 7 Locational Criteria 9
9 4-734 . 8 Surface Drainage 11
10 4-734 . 9 Toxic Substances 14
11 4-734. 10 Traffic and Access Control . . . 16
12 4-734 . 11 Sound 19
13 4-734. 12 Liquid Waste '22
14 4-734 . 13 Light and Glare 24
15 4-734 . 14 Odorants 25
16 4-734 . 15 Flammable, Explosive and Hazardous Mat' ls 29
17 4-734 . 16 Gaseous Waste and Other Emissions . 35
"18 Definitions -
19 4-702 ( 25 ) Administrative Official 43
20 4-702 (26 ) Alert 43
21 4-702 ( 27 ) Blasting Agent 43
22 4-702 ( 28) Bulk Storage 43
23 , 4-702 (29 ) Capacity 44
24 4-702 ( 30) Ceiling "C" Limit Value 44
25 4-702 ( 31 ) Certified 44
26 4-702 (32 ) Conduit 45
27 4-702 ( 33 ) Container 45
28 4-702 (34) Daily Traffic 45
29 4-702 (35 ) Developmental Coverage 45
30 4-702 (36 )• District Line 45
31 4-702 ( 37 ) Drainage Area 45
32 4-702 (38 ) Drainage Plan 45
•
CITY OF RENTON
PLANNING DEPARTMENT
-2- Rev . H
1 the requisite of. additional standards .
2 2 . The Planning Commission is designated as the
3 official agency of the City for the conduct
4 . . of public hearings ; and the Planning Department
5 -is responsible for the general administration
6 and coordination . The Planning Department
7 shall establish administrative procedures , which
-�8
shall include , but are not limited to : prepar-
9 ation of application forms ; determining completeness
10 and acceptance of application ; and establishment
11 ' of interdepartmental review routing procedures .
12 3 . The responsibility of producing information and. -
13 data to establish that the proposed bulk storage
14 facility complies with the standards setforth in
15 this section shall be on .the applicant.
16 4. The Planning Department shall be responsible -
17 for determining whether an application is a
18 bulk storage facility as defined herein . Such
19 decision. may be appealed to the City Council within
20 ten ( 10) calendar days after such determination upon
21 proper notice filed with the City Council .
22 3 . Height. The maximum height of all structures and bulk
23 storage of materials and products in stock piles shall
24 be forty (40 ) feet or that of the underlying zone
25 whichever is more - restrictive . A ' roof shall not extend
26 _ beyond all five ( 5 ) percent slopes drawn from forty
27 (40) foot high vertical surfaces contiguous to the
28 base of the structure . Only accessory items such as ,
29 but not limited to ; antennas , ladders , light fixtures ,
30 railings , vent pipes and safety ofr he4.1th related
31 items shall be excluded from the determination of
32 structure height.
CITY Of RENTON
PLANNING DEPARTMENT
-3- Rev . G
1 4. Setbacks . All structures and bulk storage , except
2 ' security fences , opaque screens and signs shall be
3 located at least sixty (60 ) feet from all public
4 right-of-ways , wildlife habitat , public areas , parks
5 and waterways which include, but is not limited to
6 rivers , lakes , streams and drainage channels . In all
7 other instances the setbacks shall be at least twenty
'8 (20) feet from the property line .
9 5 . Landscaping . All bulk storage facilities shall be
10 completely surrounded by a landscaped berm and/or :
11 screen that is at least eighty percent opaque with
12. - landscaping of a minimum width of twenty (20 ) feet
13 or to the top of the berm, whichever is the greater
14 setback. Such berm and/onscreen shall be at least
15 twenty-five (25 ) percent as high as the structures
16 or bulk storage , whichever •is higher , except that the
17 height of the berm and/or screen shall not be less
18 than five ( 5 ) feet but not more then twelve ( 12 ) feet
19 in height. All areas between the property lines and
20 the top of the berm and/or screen shall be landscaped ,
21 except that area which is used for ingress or egress .
22 When only an opaque screen with landscaping is constructed
23 the screen shall be setback at least twenty ( 20) feet
24 from the property line . A building wall may be the
25 required screen upon the approval of the Planning
26 Department. Said berm shall be constructed at a maximum
27 slope of two (2 ) feet horizontal to one ( 1 ) foot vertical .
28 The top of said berm shall be a flat surface of at
29 least six (6 ) feet in width. A security fence which is
30 optional shall be placed no closer than the internal
31 side of the . berm or the required setback , whichever
32 is less . The landscape plan is to be prepared by a
CITY OF RENTON
PLANNING DEPARTMENT
-4- Rev. H
1 . .. licensed landscape architect and is to be approved
2 by the Planning Department. The maintenance of
3 landscaping shall be assured prior to the issuance
4 of a building permit by requiring one of the following
5 three options ; (a ) the posting of a performance bond
6 for one hundred fifty ( 150 ) percent of the estimated
7 cost of maintenance of landscaping for a three ( 3 )
8 year period , (b) the depositing with the city clerk
' 9 of a certified or cashier ' s check for one hundred fifty
10 ( 150 ) percent of the estimated cost of maintenance
11 of landscaping for a three ( 3) year period , or
12 (c ) filing with the city clerk a copy of a service
13 contract for maintenance of landscaping for a three
14 (3 ) year period,. The berm and/or screen is to be
15 landscaped so as to minimize the visual impact of the
•
16 bulk storage as viewed from the pedestrian level .
17 A retaining wall may be substituted for the internal
18 side of the berm provided the retaining wall, is
19 approved by a licensed engineer.
20
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25
26
27
28
29
30-
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-9- Rev . H
1 6 . Signs . The only identification signs permitted shall
2 be one ( 1) sign per street frontage that shall be
3 four (4) feet in height or less , with a maximum of
4 two ( 2 ) faces and no more than thirty ( 30) square
5 feet per face . Such signs may be illuminated by
6 external lights . Exit and entrance signs four (4 )
7 square feet in area or less may be placed at street
8 entrances .
9 7 . Locational Criteria . The Planning Commission shall
10 review the impact of the proposed use to determine
11. whether it is compatible with the proposed site and
12 general area . The Planning Commission may require
13 any applicable Bulk Standard to be up to fifty ( 50)
14 percent more strict than specified to alleviate a
15 potential problem , providing it shall be shown :
16 1 . That because of special circumstances applicable
17 to subject property , including size , topography ,
18 location or surroundings and special characteristics
19 applicable to subject facilities including height,
20 surface drainage , toxic substances , :traffic and
21 access , sound , liquid waste , light and glare ,
22 odorants , flammable and explosive materials and
23 gaseous wastes , the strict application of the
24 Zoning Code and Bulk Storage Regulations is found to
25 deprive neighboring properties of rights and
26 priviliges enjoyed by other properties in the
27 vicinity and under identical zone classification ;
28 2 . That the application of more' strict standards will
29 not be materially detrimental to the subject facility
30 and will maintain the full rights , privileges and
31 environment of neighboring properties .
32 3 . That the application of such modifications shall
CITY Of RENTON
PLANNING DEPARTMENT
•
-20- _ Rev . H
1 •
of a complaint made by a person who resides ,
2 owns property, or is employed in the area
3 affected by the complained of noise . Public
4 Districts including , but not limited to ,
5 parks , recreational areas , lake areas , green-
,
6 belts and wildlife sanctuaries shall be moni -
_ 7 tored by the administrative official .
8 t4. The sound level of an industrial (EDNA Class C )
9 sound source when measured in the prescribed
10 manner and location shall not, exceed those
11 values given in Schedule 4-734 . 11- 1 . All
12 I maximum sound level values for impulsive sounds
13 shall be reduced five (5 ) decibels when measured
14 with the A-weighted network .
15 5 . The hours of lower sound levels_shall be extended
16 - in EDNA Class A environments for all hours
17 of the weekend , from midnight Friday to midnight
18 Sunday , and the following holidays , as officially
19 observed by the City of Renton : New Year ' s
20 - Day , Washington ' s Birthday , Memorial Day ,
21 Independence Day , Labor Day , Veteran ' s Day ,
22 Thanksgiving Day and Christmas Day .
23 6. Exemptions to sound requirements of this ordinance
24 shall be the same as those provided in
25 "Washington Administrative Code , " WAC 173-60-050 .
26
27
28
29
30 •
31
32 • •
CITY OF RENTON
PLANNING DEPARTMENT
-23 Rev . H
1 ': 5 . Upon the request of the administrative official
I ,
2 the industry shall provide substantial proof of
3 having disposed of ,liquid waste , falling in the
4 i categories of §4-734 .112 . 4 equal to or greater
5 than eighty (80) percent in either volume or
6 weight of the amount generated during the previous
7 six (6 ) months of operation . Should the generation
8 of such liquid waste be on a sporadic basis then
9 the industry shall be exempt from the eighty (80 )
- 10 percent specification .
11 6 . The release of odorants or gaseous wastes
12 from liquid wastes awaiting disposal shall be
13. j prevented by using adequate means of storage
14 and all other reasonable means necessary.
15 7 . Any treatment of liquid waste solely for the
16 purpose of disposal shall be permitted when
17 the generation of any solid or gaseous wastes
18 is adequately handled in compliance with these
19 Standards and all other rules and regulations
20 of state and regional agencies . Such treatment
21 shall employ the best practicable control
22 currently available to industry . Liquid waste
23 shall include surface runoff waters as per
24 Section 4-734 . 8 when contaminated with chemicals ,
25 oils or other toxic substances .
26
27
28
29
30
31
f _
32
CITY OF RENTON
• PLANNING DEPARTMENT
•
I �
•
-29- Rev . H
15 . Flammable , Explosive and Hazardous Materials .
• 2 The intent of this Standard„ is to provide adequate
3 separation between flammable or explosive materials
4 nd the neighboring properties and public areas ,
5 total ,containment of all flammable , toxic and poll -
.6 uting liquid materials , limits for _the stored
7 Lantity of flammable and explosive materials as
8 a' function of property area , a:nd all other
9 reasonable safety measures deemed necessary for
10 the protection of people , property , and the
11 nvironment from the threat and destruction of
� ' and/or explosion , and to prevent encumbering
12 fTre a / p � P
13 �djoining properties with burdens which are related
14 to the hazards of flammable and explosive materials.
15 1 . •An industry shall not impose economic burdens, .-
16. such as , but not limited to higher insurance rates
17, and/or operational limitations upon neighboring
18 ' facilities due to its location and hazardous
19 nature . All necessary modifications shall be, made
20 to both such characteristics and the site plan
21 so aS to not impact neighboring facilities .
22 • 2 . An industry or facility storing for its own
23 use or redistribution any flammable , toxic or -
24 polluting liquid of a capacity equal to or
25 greater than the lesser of that quantity
26 sufficient to result in a flow across lot lines
27. or a' quantity of fifteen ( 15 ) cubic inches per
28 square foot of total lot area shall construct-
29 a permanent continuous barrier surrounding all .
30 buildings , structures and facilities which
31 could contribute to the flow. The capacity
32 of the barricaded area shall be one hundred (1•.00) .
CITY OF RENTON
PLANNING DEPARTMENT
I -
-30- Rev . H
1 percent of the maximum possible volume of
2 stored liquid and the top of the barrier shall
3 be at least one ( 1 ) foot above this liquid'
4 level . ' The barrier shall be designed and
5 constructed in such a manner that there is
6 no visible leakage on or below any portion of
7 the exterior surface of the . barrier which is
8 below the level of the confined liquid after
9 a forty-eight (48) hour period . A report on
10 a test of a typical barrier section constructed
11 to full scale shall be prepared by a licensed
12 engineer and submitted as proof of the design..
13
14 '
15
16
17
18
19
20
21
22 .
23
24
25
26
27
28 '
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-31- Rev . H
•
1 3 . The barrier shall be of earthen material
2 with two sloping sides extending to grade
3 level without any vertical cuts or retaining
4 walls . The top of the barrier shall be
5 flat . The barrier shall have a maximum
6 vertical height of four (4 ) feet when measured
7 , between the .grade level at the internal toe
8 to the top . The slope of the sides and width
9 of the top shall be according to accepted
10 . .engineering design for holding ponds . The
11 design of the barrier shall minimize the
12 likelihood , of damage by major earthquakes '
13 whose epicenters are located in the Pacific
14 Northwest . All ingress into and egress from
15 the inner side of the barrier shall be over the
16 barrier top . The roadway shall be constructed
17 so as to not weaken the barrier or decrease its
18 resistance to earthquake damage . When the barrier
19 and landscaped berm are one and the same structure
20 no vertical cuts or retaining walls shall be
21 allowed in the common structure .
22 4. On-site fire suppression systems shall be fully
23 automatic with manual overrides from at least two
24 locations outside the barricaded area . The
25 fire suppression system shall be connected to
26 Central Dispatch of the City of Renton by means
27 of a Remote Station Protecting Signaling System,
28 in accordance with the specifications of the
• 29 National Fire Code , Volume 7 , of the National
30 Fire Protection Association .
31 I
32
•
CITY OF RENTON
PLANNING DEPARTMENT
-32-
Rev . H
1 •
2
3 V
4
5
6 5 . The manufacturle and/or storage of explosives or
7 blasting agents shall comply with the quantities
8 and locations setforth in Schedule 4-734 . 15- 1 V
9 as per type of explosive , quantity to be manu-
10 factured and/or stored and the distances from
11 the lot lines . The quantities are the maximum V
12 amount that shall be allowed for any one company,
13 facility or site . The stated distances are the
14 minimum that shall be allowed. •
15 6 . The manufacture and/or storage of explosives ,
16 blasting agents and similar such substances shall
17 , comply with all other conditions and regulations
18 setforth in Title 7 , Chapter 6 , " Explosives " of
19 the Revised and Compiled Ordinancesof the City
20 of Renton and in the "Washington State Explosives
21 Act " , Chapter 70 . 74 of the Washington Administration
22 Code .
23 7 . The best practicable control shall be used
24 for the prevention of fires and explosions ,
25 for the detection of fires and other related .
26 . hazards , and for the protection of life and
27 property from fires , explosions and their
28 related effects . V
29 .
30 V .
31
32 •
CITY OF RENTON
PLANNING DEPARTMENT
-33- Rev . H
1 8'. The dyke required by the Uniform Fire Code
2 (with a minimum holding capacity of 100%
3 of the single largest tank) and the barrier
`4 required' by the Bulk Storage Regulations
5 (with a holding. capacity' of 100% of the
6 total ,capacity of all tanks plus one foot)
7 shall be separated by at least one hundred
8 ( 100) feet when measured from the external toe
9 of the dyke to the internal toe of the barrier .
10 Such one-hundred foot separation shall
11 be measured from the setback line when the
11 internal toe of the barrier is closer to
13 the property line than the required setback .
14 9 . The requirements for a barrier, landscaping
15 and opaque screen and/or berm are encouraged
16 to be combined into a single configuration
17 similar to that shown in Figure 4-734 . 5-1( b) .,
18 The required opaque screen_ may be satisfied
19 by a properly designed security fence . .
20
21
22
23
24
25
26
27
28
29. .
30 '
31
' 32 '
CITY OF RENTON
PLANNING DEPARTMENT
•
, )
-35- Rev . H
1 16 . Gas-eous Waste. and Other Emissions .
2 The intent of this Standard is to limit th,e unnecessary
3 generation of all air contaminants , to decrease the
4 •annual emissions from stationary sources" and all
5 related transfer operations on the site by controlling
6. land-use intensity and requiring the use of the latest
7 and best technology for the control of all air-borne
8 contaminants in order to achieve and maintain a health-
9 ful environment of clean air . "
10 1 . Process methods and procedures currently available
11 in industry which are known to cause fewer in
12 number and lesser quantities of air contaminants , ,
13 shall be used in all cases . In addition the
14 best practicable control shall
15 be used for the control and removal of
16 air contaminants .
17 • 2 . Compliance -with §4-734 . 16 . 1 .does not relieve
18 the owner or operator of the facility of the
19 responsibility of meeting the requirements of
20 , Regulation I of the Puget Sound Air Pollution "
21 - Control Agency . .
22 3 . It shall be the responsibility of the developer
23 of the facility to ascertain the information
24 required in §4-734 . 16 . 1 and to- report such
25 ' findings to the administrative official .
26 4 . The emission of specific substances into' the air
27 shall be limited to the total annual and spatial
28 density , relative to land-use for each facility A
29 as setforth in. 'Schedule 4-734 . 16- 1 .
30 "
31 - " -
•
32
CITY OF RENTON
PLANNING DEPARTMENT
1
-37- • Rev . H
1 6 . All ground surfaces not included in developmental
2 . coverage, left in an undisturbed condition of
3 natural flora , or required landscaping which
4 may contribute to the amount of airborne parti -
5 culate matter shall be suitably covered by
6 hydroseeding or the equivalent with grasses or
7 other vegetation to prevent the generation of dust.
8 7,. All new facilities or expansion of existing facili -
9 ties , unless exempted by the limitations in
10 Schedule 4-734 . 16- 1 , shall provide an initial
11 . report covering the emission of those specific
12 substances listed in Schedule 4-734 . 16- 1 . The
13 report shall cover the first three ( 3 ) months
14 of operation and shall be filed with the admini-
15 strative official within thirty (30 ) days after
16 the end of the reporting period . The report shall
17 enumerate all sources by' type or category, contribu-
18 ting ten ( 10 ) percent or more of the total emission
• 19 for each specific substance . The total of all sources
20 contributing less than ten ( 10) percent individually
21 may be grouped as one entry and if so shall specify
22 the number of sources included . The report shall
23 contain such information or analyses as will disclose
24 the reported values of the emissions which are or
25 -may be discharged by such source . The report shall
26 be certified by a licensed engineer .
27 8. Each emission greater than twenty ( 20 ) percent of
28 the "annual weight per facility" or "spatial density" ,
29 computed on an annual basis , as reported in §4-734 , 16 . 7
30 shall be reported thereafter on a quarterly basis until
31 such time as the total weight of the specific emission
32 drops below and remains below the twenty ( 20 ) percent
CITY OF RENTON
PLANNING DEPARTMENT
-45- Rev . H
1 ( 32 ) . "Conduit" : A tube for pneumatic shuttles , a .
2 pipe for coaxial cables , a waveguide , a closed
3 path for laser transmission , fiber optics , or
4 similar ,function .
5 (33) "Container" : A structure of any size made or
6 used solely to hold or enclose a specific sub-
7 stance .
8 (34) "Daily Traffic" : An average of at least one
9 motor vehicle crossing in one direction per
10 working day for any continuous thirty day period.
11 ( 35 ) "Developmental coverage" : All developed surface
12 areas within the subject property including ,
13 _but not limited to buildings , paving , structures ,
14 areas covered by storage and altered or compacted
15 soils where the surface runoff is increased or
16 channelized .
17 ( 36 ) " District Line" : A boundry designating the
18 various use-districts or zones . Where the
19 boundry is between use-districts of a similar
20 character such that the proposed facility could '
21 be located in either use-district then the next
22 outer district boundry from the facility is to •
23 be considered the "district line" for the purpose
24 of these Standards .
25 ( 37) "Drainage area" : The lands within a watershed
26 containing the subject property and potentially
27 active in the interchange of runoff water with the
28 property .
29
( 38) " Drainage plan" : A design of the drainage system
30 including the , essential information and calcu-
31 lations to provide the system performance .
32
CITY OF RENTON
PLANNING DEPARTMENT
1
-45 . 1-
1 ( 39 ) • "Drainage system" : A system of collectors , catch
2 basins , sumps , holding ponds and the associated
3 culverts and ducting for the control of surface
4 water as a result of precipitation on the property
5 any may include the channeling of pre-existing
6 natural flows across the property.
7
8
9
10
11
12
13
14
15
16 •
17
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19
20
21
22
23
24
25 0
26
27
28
29'
30
31 .
32 .
CITY OF RENTON
PLANNING DEPARTMENT
•
•
PRELIMINARY
SUBJECT TO REVISION
PROPOSED AMENDMENTS
TO THE EIGHTH EDITION (AUGUST 14, 1975) OF THE
PROPOSED BULK STORAGE REGULATIONS WITH DEFINITIONS
AUGUST 22 , 1975
r
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT AND
THE CITY ATTORNEY
CITY OF RENTON
PLANNING DEPARTMENT
- I
REVISION
o1 R '
C.) immoR THE CITY OF RENTON
o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
AVERY GARRETT, MAYOR • PLANNING DEPARTMENT
235 - 2550
,5TFD SEPIt
•
MEMORANDUM
•
August 25 , 1975
TO : All Recipients
FROM: Planning Department
SUBJECT : Revisions ( H ) to the " Proposed Bulk
Storage Regulations with Definitions "
as Revised .
The attached revisions in part reflect the suggestions
of concerned industrial representatives who have.
reviewed and commented on the "Proposed Bulk Storage
Regulations with Definitions " . The latest revisions
( H ) are underlined where material has been deleted ,
inserted .orotherwise changed .
These revisions contain the final additions of new
materials submitted by the City of Renton as per
direction of the Superior Court .
Consideration will be given to all materials submitted
and th-e Planning Department Staff will advise -the
Community Services Committee of the Council of its
findings with regard to these materials and comments .
i'
- TABLE OF CONTENTS Rev . H
- - S
SECTION TOPIC PAGE
1 Bulk Requlations
2 4-734. 1 Intent 1
3 4-734. 2 Special Permit • • 1
4 4-734. 3 Height
2
5 4-734. 4 Setbacks 2
. 6 4-734 . 5 Landscaping. 3
7 4-734 . 6 Signs . .,. 9
8 4-734 . 7 Locat_ional Criteria 9
9 4-734. 8 Surface Drainage 11
1.0 4-734. 9 Toxic Substances 14
11 4-734. 10 Traffic and Access Control . . . 16
12 4-734 . 11 - Sound 19
13 4-734. 12 Liquid Waste 22
14 4-734 . 13 Light and Glare 24
15 4-734 . 14 Odorants 25
16 4-734. 15 Flammable, Explosive and Hazardous Mat' ls 29
17 ' 4-734 . 16 Gaseous Waste and Other Emissions . 35
18 Definitions
19 4-702 (25) Administrative Official 43
20 4-702 (26 ) Alert ' 43 .
21 4-702 ( 27 ) Blasting Agent . . . . . . . . 43
22 4-702 ( 28) Bulk Storage 43
23 4-702 ( 29 ) / Capacity, 44
24 4-702 ( 30) Ceiling "C" Limit Value 44 ,
25 4-702 ( 31 ) Certified 44
26 4-702 (32 ) Conduit 45
27 4-702 ( 33 ) Container 45 .
. . 28 4-702 (34) Daily Traffic 45
29 4-702 (35 ) Developmental Coverage . . 45
30 4-702 ( 36 ) District. Line 45
•
31 4-702 (37 ) Drainage Area 45
" 32 4-702 (38 ) Drainage Plan 45
CITY OF RENTON
PLANNING DEPARTMENT
-2- Rev . H
•
•
1 the requisite of additional standards .
2 2 . The Planning Commission is designated as the
3 official agency of the City for the conduct
l
4 of public . hearings ; and the Planning Department
5 is responsible for the general administration
6 and coordination . The Planning Department
7 shall establish administrative procedures , which
8
shall include , but are not limited to : prepar-
9 ation of 'application forms ; determining completeness
10 and acceptance of application ; and establishment
- 11 of interdepartmental review routing procedures .
12 3. The responsibility of producing information and
13 data to establish that the proposed bulk storage
14 facility complies with the standards setforth in
•
15 this section shall be on the applicant.
16 4. The. Planning Department shall be responsible
17 for determining whether an application is a
ig bulk storage facility as defined herein . Such
19 'decision may be appealed to the City Council within
20 ten ( 10) calendar days after such determination upon
21 proper notice filed with the City Council .
22 3. Height. The maximum height of all structures and bulk
23 storage of materials and products in stock piles shall '
24 be forty ( 40) feet or that of the underlying zone
25 whichever is more restrictive . A roof shall not extend
26 beyond all five ( 5 ) percent slopes drawn from forty
27 (40) foot high vertical surfaces contiguous to the
28 base of the structure . Only accessory items such as ,
29 but not limited to ; antennas , ladders , light fixtures ,
30 • railings , vent pipes and safety oor he_a_Lth related
31 items shall be excluded from the determination of
32 structure height.
CITY OF RENTON-.
PLANNING DEPARTMENT
1
- -3- • Rev . G
All structures and bulk storage , except
;1 4. Setbacks .
security fences , opaque screens and signs shall be
located at least sixty (60 ) feet from all public
4 right-of-ways , wildlife habitat , public areas , parks
5 and ' waterways which include , but is not limited to
6 rivers , lakes , streams and drainage channels'. In all
' 7 other instances._ the setbacks shall be at least twenty
8 (20) feet from the property line .
9 5 . Landscaping . All bulk storage facili'-ties shall be
10 completely surrounded by a landscaped berm and/or
11 _ screen that is at least eighty percent opaque with
12 landscaping of a. minimum width of twenty ( 20 ) feet
13 o'r to the top of the berm, whichever is the greater
14 setback. Such berm and/or screen shall be at least
'15 twenty-five, (25 ) percent as high as the structures
16 or bulk storage , whichever is higher, except that the
17 height of ,the berm and/or screen shall not be, less
118, than five ( 5 ) feet but not more. then ' twelve ( 12 ) feet
19 in height . All areas between the property lines and
20 the top of the. berm and/or screen ,shall be landscaped ,
21 except that area which is used for ingress or egress .
`22 When only an opaque screen with landscaping is constructed
'23 the screen shall be setback at least twenty ( 20 ) feet
.24 from the' property line . A building wall may be the
.25 required screen upon the approval of the Planning
26 Department. Said berm shall be constructed at a maximum
:27 slope of two ( 2 ) feet horizontal to one ( 1 ) foot vertical .
28 The top of said berm shall be a flat surface of at
29 least six (6 ) feet in width . A security fence which is
130 optional shall be placed no closer than the inte'r'nal
31 side of the berm or the required setback , whichever
32 is less . The landscape plan is to be prepared by- a
CITY OF RENTON
PLANNING DEPARTMENT
-4- Rev . H
1 licensed landscape architect and is to be approved
2 by the Planning Department. The .maintenanc.e ' of
3 landscaping shall be assured prior to the issuance
4 of a building permit by requiring one of the following
5 three options ; (a ) the posting of a performance bond
6 , for one hundred fifty ( 150 ) percent of the estimated
7 cost of maintenance of landscaping for a three ( 3')
8 . year period, (b ) the depositing with the city clerk
9.. of a certified or cashier ' s check far one hundred fifty
10 ( 150.) percent of the estimated cost of maintenance
11 of landscaping for a three ( 3) year period , or
12 (c ) filing with the city clerk a copy of a service
13 ' contract for maintenance of landscaping for a three
14 (3 ) year period . The berm and/or screen is to be
15 landscaped so- as to minimize the visual impact of the
16 bulk storage as viewed from the pedestrian level .
17 A retaining wall may be substituted for the internal
18 side of the berm provided the retaining wall_ is
19 approved by a licensed engineer. .
20
21 .
22
23 . ..
24
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28
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30 .
31 '
32 S
CITY Of RENTON
PLANNING DEPARTMENT
-9- ' Rev. H
1 .6 . Signs . The only identification signs permitted shall
2 be one ( 1) sign per street frontage that shall be
3 four (4) feet in height or less , with a maximum of
4 two (2) faces and no more than thirty ( 30) square
5 feet per face . Such signs may be illuminated by
6 external lights . Exit and entrance signs four (4)
7 square feet in area or less may be placed at street
8 entrances .
9 7 . Locational Criteria . The Planning Commission shall
10 ' review the impact of the proposed use to determine
11 whether it is compatible with the proposed site and
12 general area . The Planning Commission may require
13 any applicable Bulk Standard to be up to fifty ( 50)
14 percent more strict than specified to alleviate a
15 potential problem , providing it shall be shown :
16 1 . That because of special circumstances applicable
1'7 to subject property, including size , topography ,
18 location or surroundings and special characteristics
19 applicable to subject facilities including height,
20 surface drainage , toxic substances , ,traffic and
21 access , sound , liquid waste , light and glare ,
22 odorants , flammable and explosive materials and
23 . gaseous wastes , the strict application of the
24 Zoning Code and Bulk Storage Regulations is found to
25 deprive neighboring properties of rights and
26 priviliges enjoyed by other properties in the
27 vicinity and under identical zone classification ;
28 2 . That the application of more strict standards will
29 not be materially detrimental to the subject facility
30 and will maintain the full rights , privileges and
31 environment of neighboring properties.
32, 3. That the application of such modifications shall
CITY OF RENTON
PLANNING DEPARTMENT
•
-20- Rev . H
•
1 • of a complaint made by a person who resides ,
2 ; owns property , or is employed in the area
3 affected by the complained of noise . Public
4 Districts including , but not limited to ,
5 parks , recreational areas , lake areas , green-
6 belts and wildlife sanctuaries shall be moni -
7 tored by the administrative official .
8, 4. The sound level of an industrial (EDNA Class C )
9 sound source when measured in the prescribed
10 manner and location shall not exceed those
11' values given in Schedule 4-734. 11- 1 . All
12' maximum sound level values for impulsive sounds
13 shall be reduced five (5 ) decibels when measured
14 with the A-weighted network .
15 5. The hours of lower sound levels shall be extended
16 in EDNA Class A environments for all hours
17. of the weekend , from midnight Friday to midnight
18 Sunday , and the following holidays , as officially
19 observed by the City of Renton : New Year ' s
• 20 Day , Washington ' s Birthday , Memorial Day ,
21 - Independence Day , Labor Day , Veteran ' s Day ,
22 Thanksgiving Day and Christmas Day .
23 6. Exemptions to sound requirements of this ordinance
24 shall be the same as those provided in
25 "Washington Administrative Code , " WAC 173-60-050 .
26
27-
28
29.
30
31
32
CITY OF RENTON
PUNNING DEPARTMENT
-23- Rev . H
1 5 ." Upon the request of the administrative official
2; the industry shall provide substantial proof of
3' having disposed of liquid waste , falling in the
4' categories of §4-734 .112 . 4 equal to or greater
5;; than eighty (80 ) percent in either volume or
6. • weight of the amount generated during the previous
7 six ( 6 ) months of operation . Should the generation
8 of such liquid waste be on a sporadic basis then
9, the industry shall be exempt from the eighty (80 )
10 percent specification .
11, 6 . The release of odorants or gaseous wastes
12 from liquid wastes awaiting disposal shall be
13 prevented by using adequate means of storage
14, and all other reasonable means necessary.
15; 7 . Any treatment of liquid waste solely for the
16' purpose of disposal shall be permitted when
17' the generation of any solid or gaseous wastes
18' is adequately handled in compliance with these
191 Standards and all other rules and regulations
20, of state and regional agencies . Such treatment
21; shall employ the ' best practicable control
22 currently available to industry . Liquid waste
23 shall.. include surface runoff waters as per
24 Section 4-734 . 8 when contaminated with chemicals ,
25 oils or other toxic substances .
26
27
28,
29'
30'
31
32,
CITY Of RENTON
• PLANNING DEPARTMENT
-29- Rev . H '
f "
1 •
'1 15 . Flammable, Explosive and Hazardous Materials .
2 The intent of this Standard is to provide adequate ,
3 separation between flammable or explosive materials
41 and the neighboring properties and public areas ,
f
5 total containment of all flammable , toxic and poll •
-
6i uting liquid materials , limits for the stored
7 quantity of flammable and explosive materials as
8i a function of property .area , and all other
9; reasonable safety measures deemed necessary for
1
10 the protection of people , property , and the
11 environment from the threat anal destruction of
12 fir and/or explosion , and to prevent encumbering
13 adjoining properties with burdens which are related
• 14 to the hazards of flammable and explosive materials .
" 1
15 1 . An industry shall not impose economic burdens . t_
16 such as , but not limited to. higher insurance rates
17 and/or operational limitations upon neighboring
1 facilities due to its location and hazardous '
19 nature . All necessary modifications shall be made
20 to both such characteristics and the site plan.
21 • so aS to not impact neighboring facilities .
1
22 2 . An industry or facility storing for its own
23 use or redistribution any flammable , toxic or
24 polluting liquid of a capacity equal to or _
21 greater than the lesser of that quantity
26 sufficient to result in a flow across lot lines
27 or a quantity of fifteen ( 15 ) cubic inches per
28 square foot of total lot area shall construct.
29I a permanent continuous barrier surrounding all
.
30i buildings , structures and facilities which
31 could contribute to the flow. The capacity
321 of the barricaded area shall be one hundred (100) .
CITY OF RENTON '
PLANNING DEPARTMENT
-30- Rev . H
1 • percent of the maximum 'possible volume of •
2 stored liquid and the top of the barrier shall
3 be at least one ( 1 ) foot above, this liquid
4 level . The barrier shall be designed and
5 constructed in such a manner that there is
6 no visible leakage on or below any portion of
7 the exterior surface of the barrier which is
8 below the level of the confined liquid after
9 a forty-eight (48) hour period . A report on
10 a test of. a typical barrier section constructed
11 to full scale shall be prepared by a licensed
12 engineer and submitted as prbof of the design . ,
13
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31 ,
32
CITY OF RENTON
PLANNING DEPARTMENT
-31- Rev . H
I -
1 3 . The barrier shall be of earthen material
2 with, two sloping sides extending to grade
3 level without any vertical cuts or retaining
4 walls . The top of the barrier shall be
5 flat . The barrier shall have a maximum
6 . vertical height of four (4 ) feet when measured
I _
7 between the grade level at the internal toe
8 , to the top . The slope of the sides and width
g of the top shall be according to accepted
10 engineering design for holding ponds . The
11 design of the barrier shall minimize the
12 likelihood of damage by major earthquakes
13 whose epicenters are located in the Pacific
14 Northwest . All ingress into and egress from
15 the inner side of the barrier shall be over the
16. barrier top . The roadway shall be constructed
17 - so as to not weaken the barrier or decrease its
18 resistance to earthquake damage . When the barrier
_19 and landscaped berm are one and the same structure
20 no vertical cuts or retaining walls shall be
21 allowed in the common structure .
22 4. On-site fire suppression systems shall be fully
23 automatic with manual o-verrides , from at least two
24 locations outside the barricaded area . The
25 fire suppression system shall be connected to
26 Central Dispatch of the City, of Renton by means
27 of . a Remote Station Protecting Signaling System,
28 in accordance with the specifications of the
29 National Fire Code , Volume 7 , of the National
30 Fire Protection Association .
31
'32 -
•
CITY OF RENTON
PLANNING DEPARTMENT
•
-32- Rev . H
1
2
3 '
4
5
6 5 . The manufacturle and/or storage of explosives or
7 blasting agents shall comply with the quantities
8 and locations setforth in Schedule 4-734. 15- 1
9 as per type of explosive , quantity to be manu-
10 factured and/or stored and the distances from
11 the lot lines . The quantities are the maximum
12 amount that shall be allowed for any one company ,
13 facility or site . The stated distances are the
14 minimum that shall be allowed. •
15 6 . The manufacture and/or storage of explosives ,
16 blasting agents and similar such substances shall
17 comply with all other conditions and regulations
18 setforth in Title 7 , Chapter 6 , "Explosives " of
19 the Revised and Compiled Ordinances of the City
20 of Renton and in the "Washington State Explosives
21 Act " , Chapter 70 . 74 of the Washington Administration
22 Code .
23 7 . The best practicable control shall be. used
24 for the prevention of fires and explosions ,
25 for the detection of fires and other related
26 hazards , and for the protection of life and
27 property from fires, explosions and their
28 related effects .
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-33- Rev . H
1 8.. The dyke required by the Uniform Fire Code
2 (with a minimum holding capacity of 100%
3 of the single largest tank) and the barrier
�4 required by the Bulk Storage Regulations
5 (with a holding capacity' of 100% of the
total capacity of all tanks plus one foot)
7 shall be separated by at -least one hundred
8 ( 100) feet when measured from the external toe
4 of the dyke to the internal toe of the barrier .
10 Such one-hundred foot separation shall
11 be measured from the setback line when the
12 internal toe of the barrier is closer to
13 the property line than the required setback .
14 9 . The requirements for a barrier , landscaping
15 and opaque screen and/or berm are encouraged
16 to be combined into a single configuration
17 similar to that shown in Figure 4-734 . 5-1 ( b) .
18 The required opaque screen may be satisfied
19 by a properly designed security fence .
20
21
22
23
24
25
26
2'7
2.8
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
1 -35- • Rev . 1H
•
1 16 . Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
generation of all air contaminants , to decrease the
4 annual emissions from stationary sources and all
related transfer operations on the site by controlling
6 land-use intensity and requiring the use of the latest
7 and best technology for the control of all air-borne
8 contaminants in order to achieve and maintain a health-
a ful environment of clean air .
10 1 . Process methods and procedures currently available
11 in industry which are known to cause fewer in
12 number and lesser quantities of air contaminants , .
13 shall be used in all cases . In addition the
14 best practicable control shall
15 be used for the control and removal of
16 air contaminants .
17 2 . Compliance with §4-734 . 16 . 1 does not relieve
18 the owner or operator of the facility of the
19 responsibility of meeting the requirements of
20 Regulation I of the Puget Sound Air Pollution
21 Control Agency .
22 . 3 . It shall be the responsibility of the developer
23 of the facility to ascertain the information
24 required in §4-734 . 16 . 1 and to report such
25 findings to the administrative official .
26 4 . The emission of specific substances into the air ;
27 shall be limited to the total annual and spatial
2;8 density , relative to land- use for each facility
219 as setforth in Schedule 4-734 . 16- 1 .
30 -
31 •
32
CITY OF RENTON
PLANNING DEPARTMENT
-45- Rev . H
I '
I .
1 ( 32 ) • "Co.nduit" :• A tube for pneumatic shuttles , a
2 pipe for coaxial cables , a waveguide , a closed
3 path for laser transmission , fiber optics , or
1 4 similar function . .
5 (33) "Container" : A structure of any size made or
6 used solely to hold or enclose a specific sub-
1 57 q stance .
8 (34) "Daily Traffic" : An average of at least one
9 motor vehicle crossing in one direction per
10 , working day for any continuous thirty day period . •
11 (35 ) "Developmental coverage" : All developed surface
12 areas within the subject property including ,
113 but not limited to buildings , paving , structures ,
ilq areas covered by storage and altered or compacted
15 soils where the surface runoff is increased or
16 channelized . '
17 ( 36 ) "District Line" : A boundry designating the
18 . various use-districts or zones . Where the
19 boundry is between use-districts of a similar
20 character such that the proposed facility could
21 be located in either use-district then the next
22 outer district boundry from the facility is to
23 be considered the "district line" for the purpose
24 of these Standards .
25 ( 37) "Drainage area" : The lands within a watershed
26 containing the subject property and potentially
27 active in the interchange of. runoff water with the
28 _ property.
29 •( 38) " Drainage plan" : A design of the drainage system
1
0 including the essential information and calcu-
31 lations to provide the system performance .
•
32
CITY OF RENTON
• I PLANNING DEPARTMENT
-45 . 1-
1 ( 39 ) . "Drainage system" : A system of collectors , catch
2 basins , sumps , holding ponds and the associated
3 culverts and ducting for the control of surface
4 water as a result of precipitation on. the property
5 any may include the channeling of pre-existing
6 natural flows across the property. •
7
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10
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14 .
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19 .
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29
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32 •
CITY OF RENTON
PLANNING DEPARTMENT
PRELIMINARY
SUBJECT TO REVISION
PROPOSED AMENDMENTS,
TO THE EIGHTH EDITION (AUGUST 14, 1975) OF THE
PROPOSED BULK STORAGE REGULATIONS WITH DEFINITIONS
AUGUST 22 , 1975
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT AND
THE CITY ATTORNEY
CITY OF RENTON
PLANNING DEPARTMENT
R EVt AON
•
4
s. 2
� HIR THE CITY OF RENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
jo AVERYGARRETT, MAYOR • PLANNING DEPARTMENT
235 - 2550
FD SEPIC- 0
MEMORANDUM
August 25 , 1975
TO : All Recipients
FROM: Planning Department
SUBJECT : Revisions ( H ) to the " Proposed Bulk
Storage Regulations with Definitions "
• as Revised .
The attached revisions in part reflect the suggestions
of concerned industrial representatives who have
reviewed and commented on the "Proposed Bulk Storage
Regulations with Definitions " . The latest revisions
( H ) are underlined where material has been deleted ,
inserted or otherwise changed .
These revisions contain the final additions of new
materials submitted by the City of Renton as per
direction of the Superior Court .
Consideration will be given to all materials submitted
and the Planning Department Staff will advise the
Community Services Committee of the Council of its
findings with regard to these materials and comments .
1
I
I
i /
1
TABLE OF CONTENTS Rev . H
1
SECTION TOPIC PAGE
1 Bulk Regulations
2 4-734. 1. I . Intent 1
3 4-734. 2 Special Permit ,1
4 4-734. 3 Height 2 '
5 4-734 . 4
Setbacks 2
6 4-734 . 5 ! Landscaping 3
7 4-734. 6 1 Signs 9
8 I Locational Criteria 9
4-734. 7 -
9 4-734 . 8 I Surface Drainage .11
10 4-734 . 9 I Toxic Substances 14
11 4-734 . 10 j Traffic and Access Control . . . 16
12 4-734. 11 I, Sound 19
13 4-734. 12 1 Liquid Waste 22
14 4-734 . 13 Light- and Glare 24
15 4-734. 14 Odorants 25
16 4-734 . 15 ; Flammable, Explosive and Hazardous Mat'ls 29
17 4-734 . 161 Gaseous Waste and Other Emissions . 35
1
. . 18 Definitions
19 4-702 (25 ) Administrative Official 43
1
- 20 4-702 (26) Alert 43
21
4-702 (27 ) Blasting Agent 43
22 4-702 (28) Bulk Storage . 43
23 4-702 (29) Capacity 44
24 4-702 ( 30 ) Ceiling "C" Limit Value 44
1
25 4-702 ( 31 ) Certified 44
I ,
26 4-702 (32) Conduit 45
,27 4-702 ( 33i) Container 45
128 4-702 (34) Daily Traffic 45
1
29 4-702 ( 35) Developmental Coverage 45
30 4-702 (36) District Line 45
i
31
4-702 ( 37) Drainage Area 45
1
32 4-702 (381) Drainage Plan 45
CITY OF RENTON
PLANNING DEPARTMENT
1 i
-2- Rev . H
1 -the requisite of additional standards .
2 2 . The Planning Commission is designated as the
3 j official agency of the City for the conduct
4 of public hearings ; and the Planning Department
5 is responsible for the general administration
6 and coordination . The Planning Department
7 shall establish administrative procedures , which
8 shall include , but are not limited to : prepar-
9 ation of application forms ; determining completeness
10 and acceptance of application ; and establishment
11 of interdepartmental review routing procedures .
12 3. The responsibility of producing information and
13 data to establish that the proposed bulk storage
14 j facility complies with the standards setforth in
15 this section shall be on the applicant.
16.- 4. The. Planning Department shall be responsible
17 for determining whether an application is a
18 bulk storage facility as defined herein . Such
19 decision may be appealed to the City Council within
20 ten ( 10) calendar days after such determination upon
21 proper notice filed with the City Council .
22 3. Height. The maximum height of all structures and bulk
23 storage of materials and products , in stock piles shall
24 be forty (40) feet or that of the underlying zone
25 whichever is more restrictive . A roof shall not extend
26 beyond all five ( 5 ) percent slopes drawn from forty
27 (4,0) foot high vertical surfaces contiguous to the
28 base of the structure . Only accessory items such as ,
29 but not limited to ; antennas , ladders , light fixtures-,
30 rilings , vent pipes and safety o1r he .1.th related
31 iems shall be excluded from the determination of
82 structure height. -
CITY OF RENTON
PLANNING DEPARTMENT
-3- Rev . G
1 4. Setbacks . All structures and bulk storage , except
2 security fences , opaque screens and signs shall be
3 located at least sixty (60 ) feet from all public
.4 right-of-ways , wildlife habitat, public areas , parks
5 and waterways which include , but is not limited to ,
,6 rivers , lakes , streams and drainage channels . In all
7 o her instances the setbacks shall be at least twenty
, 8 (20) feet from the property line .
. 9 5 . Landscaping . All bulk storage facilities shall be
10 completely surrounded by a landscaped berm and/or
11 screen that is at least eighty percent opaque with
12 landscaping of a minimum width of twenty ( 20) feet
13 or to the top of the berm, whichever. is the greater
14 setback. Such berm and/or screen shall be at least
15 twenty-five (25 ) percent as high as the structures "
16 or bulk storage , whichever is higher, except that the
17 height of the berm "and/or screen shall not be less
18 than five ( 5 ) feet but not more then twelve ( 12 ) feet
19 in height . All areas between the property lines and
20 the top of 'the berm and/or screen shall be landscaped ,
21 except that area which is used for ingress or egress .
22 When only an opaque screen with landscaping is. constructed
23 the screen shall be setback at least twenty ( 20 ) 'feet
24 from the property line . A building wall may be the
.25 required screen upon the approval of the Planning
26 Department . Said berm shall be constructed at a 'maximum
27 slope of two ( 2 ) feet horizontal to one ( lc) foot vertical . ,
28 The top of said berm shall be a flat surface of a't
,29 least six (6 ) feet in width. A security fence which is
30 dptional shall be placed no closer than the internal
31 side of the berm or the required setback , whichever
32 its less . The landscape plan is to be prepared by a
CITY OF RENTON
PLANNING DEPARTMENT
i f
-4- Rev . H
1 licensed landscape architect and i,s to be approved
2 by the Planning Department. The maintenance of
3 landscaping shall be assured prior to the issuance
4 of a building permit by requiring one of the following
5 - three options ; (a ) the posting of a performance bond
6 for one hundred fifty ( 150 ) percent of the estimated
7 .cost of maintenance of landscaping for a three (3 )
8 year period ,, .(b) the depositing with the city clerk
' 9 of a certi-fled or cashier ' s check for one hundred fifty
10 ( 150 ) percent, of the estimated cost of maintenance
11 of landscaping for a three (3) year period , or
12 (c ) filing_ with the city clerk a copy of a service
13 contract for maintenance of landscaping for three
14 (3 ) year period . The berm' and/or screen is to be
15. landscaped so as to minimize the visual impact of the
16 bulk storage as viewed from the pedestrian level .
17' A retaining wall may be substituted for the, internal
18 side of the berm. provided the retaining wall is
19 approved by a licensed engineer. '
20
21
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CITY OF RENTON
PLANNING DEPARTMENT
-9- Rev . H
1 6 . Signs . The only ,identification signs permitted shall
2 be one ( 1) sign per street frontage that shall be
3 four (4) feet in height or less , with a maximum of
4 two ( 2) faces and no more than thirty ( 30) square
5 feet per face . Such signs may be illuminated by
6 external lights . Exit and entrance signs four (4 )
7 square feet in area or less may be placed at street
8 entrances .
9 7 . Locational Criteria . The Planning Commission shall
10 reiew the impact of the proposed use to determine
11 wh ther it is compatible with the proposed site and
12 ge eral area . The Planning Commission may require
13 an,, applicable Bulk Standard to be up to fifty ( 50)
14 pecent more strict than specified to alleviate a
15 potential problem , providing it\ shall be shown :
16 1 . That .because of special circumstances applicable
17 to subject property , including size , topography ,
18 location or surroundings and special characteristics
19 applicable to subject facilities including height,
20 surface drainage , toxic substances , ,traffic and ,
21 access , sound , liquid waste , light and glare ,
22 odorants , flammable and explosive materials and
23 gaseous wastes , the strict application of the
24 Zoning Code and Bulk Storage Regulations is found to
25 deprive neighboring properties of rights and
26 priviliges enjoyed by other properties in the
27 vicinity and under identical zone classification ;
28 2 . That the application of more strict standards will
29 not be materially detrimental to the 'subject facility
30 and will maintain the full rights , privileges and
31 environment of neighboring properties.
32 3 . That the application of such modifications shall
CITY OF RENTON
PLANNING DEPARTMENT
-20- Rev . H
•
1 • of a complaint made by a person who resides ,
2 owns property , or is employed in the area
3 affected by the complained of noise . Public
4 Districts including , but not limited to ,
5 parks , recreational areas , lake areas , green-
6 belts and wildlife sanctuaries shall be moni -
7 tored by the administrative official .
8 4. The sound level of an industrial (EDNA Class C )
9 sound source when measured in the prescribed
10 manner and location shall not exceed those
11 values given in Schedule 4-734 . 11- 1 . All
12' maximum sound level values for impulsive sounds
13 shall be reduced five (5 ) decibels when measured
14 with the A-weighted network . ,
15 5. The hours of lower sound levels shall be extended
16 in EDNA Class A environments for all hours
17 of the weekend , from midnight Friday to midnight
18 Sunday , and the following holidays , as officially
19 observed by the City of Renton : New Year ' s
20 Day , Washington ' s Birthday , Memorial Day ,
21 Independence Day , Labor Day , Veteran ' s Day ,
22 Thanksgiving Day and Christmas Day .
23 6. Exemptions to sound requirements of this ordinance
24, shall be the same as those provided in
25 "Washington Administrative Code , " WAC 173-60-050 .
26
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29,
30
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CITY OF RENTON
PLANNING DEPARTMENT
-23- Rev . H
1 5 . Upon the request of the administrative official
2 the industry shall provide substantial proof of
3 having disposed of liquid waste , falling in the
4 categories of §4-734 . 12 . 4 equal to or greater
5 than eighty (80) percent in either volume or
6 weight of the amount generated during the previous
7 six ( 6 ) months of operation . Should the generation
8 of such liquid waste be on a sporadic basis then
9 the industry shall be exempt from the eighty (80 )
10 percent specification .
11 6 . The release of odorants or gaseous wastes
12 from liquid wastes awaiting disposal shall be
13 prevented by using adequate means of storage
14 and all other reasonable means necessary.
15 7 . Any treatment of liquid waste solely for the
16 purpose of disposal shall be permitted when
17 the generation of any solid or gaseous wastes
18 is adequately handled in compliance with these
19 Standards and all other rules and regulations
20 of state and regional agencies . Such treatment
r "
21 shall employ the best practicable control
22 currently available to industry . Liquid waste
23 shall include surface runoff waters as per
• 24 Section 4-734 . 8 when contaminated with chemicals ,
25, oils or other toxic substances .
26
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' 30
. 31 .
32
CITY OF RENTON
PLANNING DEPARTMENT
-29- Rev . H
1 15 . Flammable , Explosive and Hazardous Materials .
2 The intent of this Standard is to provide adequate
3 separation between flammable or explosive . materials
4 and the neighboring properties and public areas ,
5 total.. containment of all flammable , toxic and poll -
6 uting liquid materials , limits for the stored
7 quantity of flammable and explosive materials as
8 a function of property area , and all other
9 reasonable safety measures deemed necessary for
10 the protection of people , property , and the
11 environment from the threat and destruction of
12 fire and/or explosion , and to prevent encumbering
13 adjoining properties with burdens which are related
14 to the hazards of flammable and explosive materials .
15 1 . An industry shall not impose economic burdens.
16 such as , but not limited to higher insurance rates
17 and/or operational limitations upon neighboring
18 facilities due to its location and hazardous
19 nature . All necessary modifications shall be made
20 to both such characteristics and the site plan
21 so aS to not impact neighboring facilities .
22 2 . An industry or facility storing for its own
23 use or redistribution any flammable , toxic or.
24 polluting liquid of a capacity equal to or
25 greater than the lesser of that quantity
26 sufficient to result in a flow across lot lines
27 or a quantity of fifteen ( 15 ) cubic inches per ,
28 square foot of total lot area shall construct
29 a permanent continuous barrier surrounding al•l
30 buildings , structures and facilities which
31 could contribute to the flow. The capacity
32 of the barricaded area shall be one hundred (100) .
CITY OF RENTON
PLANNING DEPARTMENT
-30- Rev . H
1 • percent.. of the maximum possible volume of
2 . • ' • st,ored liquid and the top of the barrier shall.
3 be at least one , ( 1 ) foot above this liquid
4 level . The barrier shall be designed and
5 constructed in , such a manner that there is
6 - no visibleleakage on or below any portion of
7 - the exterior surface . of.. the barrier which is
8 . below the level of the confined liquid after
9 a forty-eight (48) hour period . A report on
10 • , a test of '.a typical barrier section constructed
11 to.- full scale shall be prepared by a licensed,
12 • ' engi neer and submitted as proof of the design.: :,
13
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CITY OF RENTON
PLANNING DEPARTMENT
•
•
-31- 'Rev . H
1 3. The barrier shall be of earthen material
2H with two sloping sides extending to grade
3i level without any vertical cuts or retaining
4 walls . The top of the barrier shall be .
5i flat . The barrier shall have a maximum
6r vertical height of four .(4 ) feet when measured
q - between the grade level at the internal toe ,
g' • to the top . The slope of the sides and width
.
9 of, the top shall .be according to accepted
10 engineering. design for holding ponds . .The
11 design of the barrier shall minimize the
12 , likelihood of damage by major earthquakes
13. whose epicenters are located in the Pacific
14 Northwest . All ingress into and egress from
15 the inner side of the barrier shall be over the
16 barrier top . The roadway' shall be constructed
17 so• as to - not weaken the barrier or decrease its
18 resistance to earthquake damage. When the barrier
19 and landscaped berm are one and the same 'structure
20 no• vertical cuts or retaining walls shall be
21 allowed in the common structure . •
•
22 :4. On-site fire suppression systems shall be fully
23 automatic 'with' manual. overrides from at least two
. 24 locations outside the barricaded area . The
25 . ' fire suppression system shall be connected to
26 . . Central Dispatch .of the. City of Renton by means
27 'of a Remote ,Station Protecting Signaling System,
28 in accordance with the specifications of the
29 National Fire Code , Volume 7 , of the National
30 Fire Protection Association .
31 .
32 •
•
CITY OF RENTON
• PLANNING DEPARTMENT
a
• -32- Rev . H
1
2
3
4
5
6 5 . The manufacture and/or storage of explosives or
7 , blasting agents shall comply with the quantities
8 and locations setforth in Schedule 4-734 . 15- 1
9 as per type of explosive , quantity to be manu-
10 factured and/or stored and the distances from
11 the lot lines . The quantities are the maximum
12 amount that shall be allowed for any one company ,
13 facility or site . The stated distances are the
14 minimum that shall be allowed .
15 6 . The manufacture and/or storage of explosives ,
16 blasting agents and similar such substances shall
17 comply with all other conditions and regulations
18 setforth in Title 7 , Chapter 6 , " Explosives " of
19 the Revised and Compiled Ordinances of the City
20 of Renton and in the "Washington State Explosives
21 Act " , Chapter 70 . 74 of the Washington Administration
22 Code .
23 7 . The best practicable control shall be used
24 for the prevention of fires and explosions ,
25 for the detection of fires and other related
26 hazards , and for the protection of life and
27 property from fires , explosions and their
28 related effects .
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-33- Rev . H
•
1 8.. The dyke required by the Uniform Fire Code
2
(with a minimum holding capacity of 100%
3 of the single largest tank) and the barrier
4 required by the Bulk Storage Regulations '
5 (with a holding capacity of 100% of the
6 total capacity of 'all tanks plus one foot)
7 shall be separated by at least one hundred
8 ( 100) feet when measured from the external toe
9 - of the dyke to the internal toe of the barrier .
10 Such one-hundred foot separation shall
11 - .
be measured from the setback line when the
12 internal toe of the barrier is closer to
13 the property line than the required setback .
14 9 . The requirements for a barrier, landscaping
15 - and opaque screen and/or berm are enco.uraged
16 . to be combined into a single configuration
' 17 similar- to that shown in Figure 4-734 . 5-1 ( b) .
18 The required opaque screen may be satisfied
19 by a properly designed security fence .
20
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22
. 23
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25
26 .
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28
29
30
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32
CITY OF RENTON
PLANNING DEPARTMENT
I
I
-35 Rev . H
1 16 . Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
3 generation of all air contaminants , to decrease the
44 annual emissions from stationary sources and all
5 related transfer operation's on the site by controlling
6 land-use intensity and requiring the use of the latest
7 and best technology for the control of all air-borne
8 contaminants in order to achieve and maintain a health-
9 ful environment of clean air .
10 1 . Process methods and procedures currently available
11 • in industry which are known to cause fewer in
12 number and lesser' quantities of air contaminants ,
13 shall be used in all cases . In addition the
14 best practicable control shall
15 be used for the control and removal of
16 air contaminants .
17 2 . Compliance with §4-734 . 16 . 1 does not relieve
18 . the owner or operator of the facility of the
19 responsibility of meeting the requirements of
20 Regulation I of the Puget Sound Air Pollution
21 Control Agency .
22 3 . It shall be the responsibility of the developer
23 of the facility to ascertain the information
24 required in §4-734 . 16 . 1 and to report such
25 findings to the administrative official .
26 4 . The emission of specific substances into the air
27 shall be limited to the total annual and spatial
28 density , relative to land-use for each facility
29 as setforth in Schedule 4-734 . 16- 1 .
30
31 •
32
CITY OF RENTON
PLANNING DEPARTMENT
•
-37- Rev . -H
1 6 . All ground surfaces not included in developmental
2 . coverage, left in an undisturbed condition of
. 3 natural flora , or required' landscaping which
4
may contribute to the amount of airborne parti -
5 culate matter shall be suitably covered by
6 hydroseeding or the equivalent with grasses or
7 other vegetation to prevent the generation of dust .
8 7 . All new facilities or expansion of existing facili -
9 ties , unless exempted by the limitations in
10 Schedule 4-734 . 16- 1 , shall provide an initial
11 _ . report covering the emission of those specific
12 substances listed in Schedule 4-734 . 16- 1 , The
13 report shall cover the first three ( 3 ) months
14 of operation and shall be filed with the admini-
15 strative official within thirty ( 30 ) days after
16 the end of the reporting period . The report shall
17 enumerate all sources by type or category contribu-
18 , ting ten ( 10 ) percent or more of the total emission
19 for each specific substance . The total of all sources
20 contributing less than ten ( 10 ) percent individually
21 may be grouped as one entry and if so shall specify
22 the number of sources included . The report shall
23 contain such information or analyses as will disclose
24 the reported values of the emissions which are or
25 may be discharged by such source . The report shall
26 be certified by a licensed engineer . .
27 8. Each emission greater than twenty ( 20 ) percent of
28 the "annual weight per facility" or "spatial density" ,
29 computed on an annual basis , as reported in §4-734 , 16 . 7
• 30 shall be reported thereafter on a quarterly basis until
31 such time as the total weight of the specific emission
32 drops below and remains below the twenty ( 20 ) percent
CITY OF RENTON
PLANNING DEPARTMENT
-45- Rev . H
1. ( 32 ) 'Conduit" : A tube for pneumatic shuttles , a
2. pipe for coaxial cables , a waveguide , a closed •
3 path for laser, transmissi:on , fiber optics , or
. 4 similar function .
5 ('33 ) 'Container" : A structure of any size made or
6' used solely to hold or enclose a specific sub-
7 stance . •
8 (34 ) "Daily Traffic" : An average of at least one
9 motor vehicle crossing in one direction per
10 working day for any continuous thirty day period ,
11 (35 ) "Developmental coverage" : All developed surface
12 areas within the subject property including ,
13 but not limited to buildings , paving , structures ,
14 . areas covered by storage and altered or compacted
15 soils where the surface runoff is increased or ..
16 channelized . •
17' ( 36 ) "District- Line" : A boundry designating the
18 various use-districts or zones . Where the
19 boundry is between use-districts of a similar
20 character such that the proposed facility could '.
21 be located in ' either use-district then the next
22 outer district boundry from the facility is to
23 be considered the "district line" for the purpose.
24 of these Standards .
•
25 ( 37) "Drainage area " : The lands within a watershed
26 containing the subject property and potentially '
27 active in the interchange of runoff water with the
28 •
property.
29 ( 38) " Drainage plan" : A design of the drainage system.
30 including the , essential information and calcu-
31 lations to provide the system performance .
3Z •
•
CITY OF RENTON
• PLANNING DEPARTMENT
-45 . 1-
1 ( 39 ) . "Drainage system" : A system of collectors , catch
2 basins , sumps , holding ponds and the associated
3 culverts and ducting for the control of surface
4 water as a result of precipitation on the property
5 any may include the channeling of pre-existing
6 natural flows across the property .
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CITY OF RENTON
PLANNING DEPARTMENT
111
OFamp /,
THE CITY OF RENTON
o
os MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
C• AVERYGARRETT, MAYOR • PLANNING DEPARTMENT
235 - 2550
��TfO SEPjt •
��
MEMORANDUM
August 14 , 1975
TO : All Recipients
• FROM: Planning Department
SUBJECT : A New Issue of the " Proposed Bulk
. Storage Regulations with Definitions"
as Revised .
The attached document is a new issue of the "Proposed
Bulk Regulations with Definitions" , Fourth Edition ,
dated July 14 , 1975 . This latest edition incorporates
all , previous revisions (D, .E and F) and the latest
approved revision (G) . Please note that the pages
have been renumbered incorporating the former inserted
pages .
The latest revisions (G) are underlined where material
has been deleted , inserted or otherwise changed . In
addition , two subsections have been completely deleted
and were formerly ii4-734. 10 . 8 (p 15 ) and 4-734 . 15 . 5
(p 28 ) in the previous edition .
Attachment
V
PRELIMI NARY
SUBJECT TO REVISION
PROPOSED
BULK STORAGE REGULATIONS WITH
DEFINITIONS
(EIGHTH EDITION)
AUGUST 14 . 1975
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT, THE PLANNING COMMISSION,
THE CITY ATTORNEY AND THE COMMUNITY SERVICES
COMMITTEE OF THE COUNCIL
CITY OF RENTON
PLANNING DEPARTMENT
REVISION
i
. I
i
TABLE OF CONTENTS Rev . G
7
SECTION TOPIC PAGE
1 Bulk Regulations
2 4-734. 1 Intent 1
3 4-734. 2 Special Permit 1
4 4-734 . 3 Height 2
5 4-734 . 4 Setbacks 2
6 4-734 . 5 Landscaping 3
7 4-734. 6 Signs g
8 4-734 . 7 Locational Criteria 9
9 4-734 . 8 Surface Drainage 11
10 4-734 . 9 Toxic Substances 14
11 4-734 . 10 Traffic and Access Control . . . 16
12 4-734 . 11 Sound 0 19
13 4-734. 12 Liquid Waste 22
14 4-734 . 13 Light and Glare 24
15 4-734. 14 Odorants 25
16 4-734 . 15 Flammable and Explosive Materials 29
17 4-734 . 16 Gaseous Waste and Other Emissions 35
18 Definitions
19 4-702 ( 25 ) Administrative Official 43
20 4-702 ( 26 ) Alert 43
21 4-702 ( 27 ) Blasting Agent 43
22 4-702 ( 28) Bulk Storage 43
23 , 4-702 ( 29 ) Capacity 44
24 4-702 ( 30 ) Ceiling "C" Limit Value 44
25 4-702 ( 31 ) Certifi-ed 44
26 4-702 ( 32 ) Conduit 45
27 4-702 ( 33 ) Container 45
28 4-702 (34 ) Daily Traffic 45
29 4-702 ( 35 ) Developmental Coverage 45
30 4-702 ( 36 ) District Line 45
31 4-702 ( 37 ) Drainage Area • 45
32 , 4-702 (38 ) Drainage Plan 45
CITY OF RENTON
PLANNING DEPARTMENT
ii
TABLE OF CONTENTS Rev. G
SECTION TOPIC PAGE
1 Definitions (Continued )
2 4-702 (39 ) Drainage System 45_
3 4-702 (40) Explosive 46
4 4-702 (41 ) Gross Area Coverage 46
5 4-702 (42) Hazardous 46
6 4-702 (43) Impulsive Sound 46
7 4-702 (44) Industrial Access 47
8 4-702 (45 ) Licensed 47
9 4-702 (46 ) Lot-District Lines 47
10 4-702 (47 ) , Natural Water System 47
11 4-702 (48) Near-Zero Discharge 47
12 4-702 (49) Neighboring Facilities 47
13 4-702 (50 ) Odor Threshold 48
14 4-702 ( 5.1 ) Peak Discharge 48
15 4-702 (52 ) , Qualified 48
16 4-702 (53) Recognized Higher Risk 48
17 4-702 (54) Return Period 48
18 4-702 (55 ) Roof 48
19 4-702 ( 56 ) Threshold Limit Value 48
20 4-702 ( 57 ): Toxic Substance 49
21 4-702 (58 ) Visible Leakage 49
22 4-702 (59 ) Warehouse 49
23 4-702 (60) Waste 49
24 4-702 (61 ) Wildlife Habitat 49
25
26 .
27 ,
28 .
29 r .
30
31
32
CITY OF RENTON
W ANNING DEPARTMENT
- 1- Rev . G
• ORDINANCE NO .
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
ESTABLISHING AND CREATING REGULATIONS FOR BULK
STORAGE FACILITIES ; DEFINITIONS TO CLARIFY
CERTAIN TERMS IN THE " ZONING ORDINANCE" KNOWN
AS CHAPTER 7 OF TITLE IV ( BUILDING REGULATIONS )
OF ORDINANCE NO . 1628 KNOWN AS THE "CODE OF
1 GENERAL ORDINANCES OF THE CITY OF RENTON . "
2
3 BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF RENTON , WASHINGTON , AS FOLLOWS :
4
5
6 SECTION I :
7 A new Section 4-734 ( Bulk Storage Facilities ) of Title IV
8 ( Building Regulations ) of Ordinance No . 1628 entitled "Code
9 of General Ordinances of the City of Renton" is hereby created
10 to read as follows :
11 Section 4-734 , Bulk StoraleFacilities as Created :
12 4-734 Bulk Storage Facilities
13 1 . Intent . The intent of the regulation of bulk storage
14 facilities • is to allow such facilities in a location
15 and manner so they are compatible with adjacent prop-
16 erties and beneficial to the City and in accordance
17 with the State Environmental Policy Act . It is further
18 the intent to insure that the safety , health , welfare ,
19 aesthetics and morale of the Community are maintained
20 at a high level . Due to the unique characteristics and
21 problems inherent in making bulk storage facilities
22 compatible with surrounding properties and environment ,
23 the City Council finds that special review of bulk storage
24 facilities is required to insure the intent of these
a25 regulations , These regulations are to supplement, and be
26 in addition to .existing ordinances and code provisions .
27 2 . Special Permit and Administration .
28 1 . Bulk storage facilities shall be allowed only
29 by special permit as specified in Section 4-722 ( B ) .
30 The fee for the special permit for bulk storage
31 facilities shall be the basic fee plus ten ( 10 )
32 dollars for each acre or fraction thereof due to
CITY OF RENTON
.I
-2- Rev . G
•
1 the requisite of additional standards .
2 2 . The Planning Commission is. designated . as the' .
3 official agency of the City for the conduct
4 of public hearings ; and the Planning Department
5 is responsible for the general administration
6 and coordination . The Planning Department
7 shall establish administrative procedures , which
8 shall include , but are not limited to : prepar-
•
9 ation of application forms ; determining completeness
10 and acceptance of application ; and establishment
11 of interdepartmental review routing procedures .
12 3 . The burden of proving that the proposed bulk
13 facility complies with the standards setforth
14 in this section shall be on the applicant .
15 4 . The Planning Department shall be responsible
16 for determining whether an application is a
17 bulk storage facility as defined herein . Such
18 decision may be appealed to the City Council within
19 ten ( 10) calendar days after such determination upon
20 proper notice filed with the City Council .
21 3 . Height. The maximum height of all structures and bulk
22 storage of materials and products in stock piles shall
23 •
be forty ( 40) feet or that of the underlying zone
24 whichever is more restrictive .
25 4 . Setbacks . All structures and bulk storage , except
26 security fences , opaque screens and signs shall be
27 located at least sixty ( 60) feet from all public
28 right-of-ways , wildlife habitat, public areas , parks
29 and waterways which include , but is not limited to
30 rivers , lakes , streams and drainage channels . In all
31
other instances the setbacks shall be at least twenty
32 ( 20) feet from the property line .
CITY OF RENTON
PLANNING DEPARTMENT
-3- Rev. G
1 5 . Landscaping. All bulk storage facilities shall be
2 completely surrounded by a landscaped berm and/or
3 screen that is at least eighty percent opaque with
4 landscaping of. .a minimum width of twenty ( 20 ) feet
5 or to the top of the berm, whichever is the greater
6 setback . Such berm and/or screen shall be at least
7 twenty-five (25 ) percent as high as the structures
8 or bulk storage , whichever is higher , except that the
9 height of the berm and/or screen shall not be less -
! 10 than five (5 ) feet but not more than twelve ( 12 ) feet
111 in height . All areas between the property lines and
.112 the top of the berm and/or screen shall be landscaped ,
13 except that area which is used for ingress or 'egress .
114 When only an opaque screen with landscaping is constructed
' 15 the screen shall be setback at least twenty ( 20 ) feet
16 from the property line . A building wall may be the
17 required screen upon the approval of the Planning
18
Department . Said berm shall be constructed at a maximum
19 slope of two ( 2 ) feet horizontal to one ( 1 ) foot vertical .
20 The top of said berm shall be a flat surface of at
121 least (6 ) feet in width . A security fence which is
22 optional shall be .placed •no closer than the internal
23 side of the berm or the required setback , whichever
24 is less . The landscape plan is to be prepared by a
125 licensed landscape architect and is to be approved
26 by the Planning Department . A performance bond for
27 one hundred fifty ( 150 ) percent of the estimated cost
128 of maintenance of landscaping for a three ( 3 ) year
29 period is required prior to the issuance of a building
30 permit . The berm and/or the screen is to be landscaped
31 so as to minimize the visual impact of the bulk
S2 storage as viewed from the pedestrian level . A retaining
• CITY OF RENTON •
PLANNING DEPARTMENT
ti � •
-4-
1 wall may be substituted for the internal side of
2 the berm provided the retaining wall is approved by
3 a licensed engineer .
4
5
6 •
7
8
. 9
10
11
12
13
14
15
16
17
18
19 •
20
21
22 •
23
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26 •
27
28
29
30
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31
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32
CITY OF. RENTON
PLANNING DEPARTMENT
Figure 4-734.5-1(a)
•
LANDSCAPED BERM
t
.................................................
.................................................
..................................................
•
•
.........................................................
•
.........................................................
..........................................................
MP MUM
i
(o'MINIMUM I . i
•
` •
2:I , 2.i APE
itimtrizaT
c D.1,
'le of
RIFT-of-wA.1 7J
---- R VRo -
CITY OF RENTON G7
• PLANNING DEPARTMENT
Figure 4-734.5-1(b)
LANDSCAPED BERM AND OPAQUE SCREEN
...................................................
....................................................
....................................................
....................................................
....................................................
MitaVMuM
HEte
Etr 4 to
..................................... rr-r E -e fol.
aE E 4 .
MuJIMt m wwrtt
•
•
•
... .. .....•.......... .. ...... . ... ......... ' or TAP
7
CD
• CITY OF RENTON
• PLANNING DEPARTMENT G")
Figure 4-734.5-1(c)
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN
,,,,..... vevrIcrmm.arii:.! • \ , .
...................................................
....................................................
....................................................
....................................................
....................................................
HE16tiT"
cirreattbST
.................................................. pcTtia•► of
..................... ............. ..............
cppaL ' tl•A
D
` "k 1
1 `-, 1'
V1\7714 eFTop ;r . , • A
R1( i-r-or-wi
. fD
. CITY OF RENTON
PLANNING DEPARTMENT G")
r
Figure 4-734.5-1(d)
OPAQUE SCREEN 'WITH LANDSCAPING .
Xt OM
••••••••••••••••••••••••••••••••••••••••••••••• \ . .
F .
.
00
i
r 1
iciiii;t7"
. p�,-- ,-CE _ . xZ►T`C rG-cycr--
l T►on or AripLotk argwe
maioktkt.p \. n
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77
. <
CITY OF RENTON
PLANNING DEPARTMENT 0-3
-9- Rev. G
•
1 6 . Signs . The only identification signs permitted shall
2 be one ( 1) sign per street frontage that shall be
3 four ( 4) feet in height or less , with a maximum of
4 two ( 2) faces and no more than thirty ( 30) square
5 feet per face . Such signs may be illuminated by
6 external lights . Exit and entrance signs two ( 2)
7 square feet in area or less may be placed at street
8 entrances .
9 7 . Locational Criteria . The Planning Commission shall
10 review the impact of the proposed use to determine
11 whether it is compatible with the proposed site and
12 general area . The Planning Commission may require
13 any applicable Bulk Standard to be up to fifty ( 50)
14 percent more strict than specified to alleviate a
15 potential problem , providing it shall be shown :
16 1 . That because of special circumstances applicable
17 to subject property, including size , topography ,
18 location or surroundings and special characteristics
19 applicable to subject facilities including height,
20 surface drainage , toxic substances , :traffic and
21 access , sound , liquid waste , light and glare ,
22 odorants , flammable and explosive materials and
23 gaseous wastes , the strict application of the
24 Zoning Code and Bulk Storage Regulations is found to
25 deprive neighboring properties of rights and
26 priviliges enjoyed by other properties in the
27 vicinity and under identical zone classification ;
28 2 . That the application of more strict standards will
29 not be materially detrimental to the subject facility
30 and will maintain the full rights , privileges and
31 environment of neighboring properties .
32 3 . That the application of such modifications shall
CITY OF RENTON
PLANNING DEPARTMENT
-10- Rev . G
1 be supported by documented evidence of a clear ,
2 and compelling nature to justify such stricter
3 standards .
4 In the case of hardships affecting the subject property ,
5 variances to these Bulk Standards may be granted by
6 the Planning Commission subject to the conditions of
7 Section 4-731 (C ) (B ) .
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CITY Of RENTON
PLANNING DEPARTMENT
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1 8 . Surface Drainage .
2 The intent of this Standard is to protect property
3 from damage and loss due to flooding , erosion and
4 deposition caused by the adverse alteration of
5 natural drainage flow patterns and rates , and to
6 promote development practices which enhance the
7 quality , benefits and enjoyment of the natural
8 water courses .
9 1 . All property having a developmental coverage
10 totaling one thousand ( 1000) square feet or
11 more shall construct a drainage system
12 adequate to handle the peak discharge of
13 precipitation falling on the property during
14 a rain with a return period of fifty ( 50)
15 years . Such system shall not increase the
16 damage or loss to any property in the
try drainage area due to flooding , erosion or
18 deposition .
19 2 . A drainage plan shall be approved by a
20 licensed engineer and submitted with the site
21 plan . The drainage
22 and site plans together shall identify all
23 areas to be serviced by the drainage system
24 and the source and type of all pollutants which
25 may enter the system.
26 3 . The water drained from ally roof having a
27 gross area coverage of five hundred ( 500)
28 square feet or more shall be collected and
29 conducted into one or more ground water sumps ,
30 of a design and capacity as per § .4-734 .8 . 7.
L . 31 An overflow of one hundred ( 100) percent of the
32 collected roof flow shall be assumed for a
•
CITY OF RENTON
PLANNING DEPARTMENT
•
bs
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1 design input to the drainage system.
2 4 . The natural water runoff from paved and
3 unpaved surfaces used for driveways , vehicle
4 access , parking , loading of packaged goods ,
5 and any uncovered vehicle storage area shall
6 be managed in order to retard the flow , deposit
7 silt , allow for the removal of pollutants , and
8 encourage ground water recharge when an
9 acceptable water quality exists .
10 5 . All water of either a natural source or added
11 by man contributing to surface runoff from
12 areas used for the outdoor storage of materials
13 in either their own containers or exposed and
14 those areas over which materials are trans -
15 ported by any method shall be serviced by an
16 isolable segment of the drainage system. The
17 isolable segment shall incorporate a water
18 holding system if a product spillage would
19 result in the pollution of natural waters .
20 The holding system shall be of sufficient cap-
21 acity to prevent any loss of polluted water
22 prior to treatment of the water for the removal
23 or neutralization of the harmful pollutants
24 or placement of the polluted water in containers
25 . for disposal as chemical waste .
26 6 ., All water released into any part of the
27 natural water system shall comply with all
28 rules , standards and compatibility require-
29 ments and those hereafter amended or promul -
30 gated by the Washington State Department of
31 Ecology or any successor department or agency
32 thereof .
CITY OF RENTON
PLANNING DEPARTMENT
�1
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1 7 . The drainage system elements required under
2 § 4-734 . 3 shall comply with the design and
3 • specifications furnished by the City of
• 4 Renton Public Works Department . Larger and
5 more complex systems shall be designed by
6 a licensed engineer when required by the
7 . Public Works Department .
8 8 . The exposed ground surfaces used for and
9 immediately surrounding th•e outdoor storage of
10 materials in either their own containers or
11 exposed and those areas over which materials
12 are transported by any method or means shall
13 be made impervious to all liquids which may
14 result in the contamination of the underlying
15 soil . Contaminating liquids shall also include
16 those solid chemicals which are readily soluble
17 in water and may be transported into the
18 subsoil and ground water by dissolution in surface
19 water.
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CITY OF RENTON
PLANNING DEPARTMENT
Rev . E
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1 9. Toxic Substances .
2 The intent of this Standard is to extend to the
3 general public basic precautions used in industry
4 dealing with the exposure of workers to toxic
5 materials . As a requisite to protecting the public
6 health and welfare , and especially as that public
7 includes the very young and other sensitive members ,
8 the environment should be kept free of unnecessary
9 concentrations of these toxic substances by using
10 the highest and best available technology in all
11 phases of manufacture and handling and by a sincere
12 commitment to good housekeeping practices .
13 1 . The ambient air quality standards specified in
14 Regulation I of the Puget Sound Air Pollution
15 Control Agency ( PSAPCA) shall apply to all air
16 contaminants specifically listed therein .
17 2 . Those toxic substances not specifically listed
18 in Regulation I of the PSAPCA , but released into
19 the ambient air shall be in accordance with- the
20 fractional quantities set forth in §4-734 . 9 . 3 ,
21 §4-734 . 9. 4 and 4-734 . 9 . 5 and for those toxic
22 substances listed in the most current publication
23 entitled Threshold Limit Values , of the American
24 Conference of Governmental Industrial Hygienists
25 (ACGIH ) .
26 3 . The concentration of a single toxic substance
27 measured in an air sample shall not exceed 1/50.
28 of ,the Threshold Limit Value or Ceiling "C" Limit
29 Value at the lot lines or 1/ 100 of the Threshold
30 Limit Value or Ceiling "C" Limit Value at the
31 lot-district line .
•
32 CITY OF RENTON
PLANNING DEPARTMENT
-15- Rev . E
1 4 . The presence of two or more toxic substances in
2 an air sample shall be assumed to have a simple
3 additive combined effect in the absence of infor-
4 mation to the contrary . That is , the values of
5 the different fractional concentrations for each
6 toxic substance present in the air sample shall add
7 up to less than the number one ( 1 ) . When the
6 fractional concentration of a toxic substance is
9 designated by F , for "n" different toxins ; then
1®
Ftoxin 1 + Ftoxin 2 + " ' + Ftoxin n 1
11
12 otherwise the threshold level value for the
13 combination of toxic substance is exceeded .
14 5 . Those substances listed in Threshold Limit Values
15 as proven carcinogenic in man shall not exceed
16 1/50 of the threshold limit value at the lot lines
17 or 1/ 100 of the threshold limit value at the lot-
s
18 district lines , when a value is given . Such
19 carcinogenic substances having no listed
2®
threshold limit value shall not be detectable
21 by the most sensitive method, in air samples
22 taken at the lot or lot-district lines .
23 6 . The measurement of toxic substances shall be by
24 means of an air sample taken at ground level or
26 habitable elevation , and shall be the average of
26 any continuous twenty-four ( 24) hour sampling
27 period for threshold limit values or a one time
28 maximum concentration for ceiling "C" limit values .
29 7 . The samples shall be taken by a qualified person
30 and the concentrations of toxic substances shall
31 be measured in a certified laboratory or facility
32 at the request of the administrative official .
CITY OF RENTON
PLANNING DEPARTMENT
Rev . D
• -16-
•
1 10 . Traffic and Access Control
. 2 The intent of this Standard is to promote the safety
3 of travel on public streets in industrial areas
4 where dense and variable traffic flows cause additional
5 hazards to persons and property and to provide for
6 uninterruptable access to all properties and neigh-
7 bors of a potential major fire , emergency or hazard.
8 1 . All lots used by an industry of recognized
9 higher risk shall be served on at least two
10 sides by accesses dimensional equal to an
11 industrual access street . Such accesses
12 shall be continuously open to City Departments
13 for clearing or repair at the owners expense .
14 2 . When on-site emergency access is required for :
15 fire or other emergency equipment , a through
16' route shall be provided and maintained in a
17 free and open condition at all times , with an
16 . exit from the lot different from the entrance
19 and separated by at least three hundred ( 300 ) ,
20 feet when not on opposite sides of the lot .
21 3. A definitive traffic flow pattern shall be
22 provided on the property for all traffic , both
23 truck and automobile , such that all traffic
24 shall cross lot lines travelling in a forward
25 di rec.tion . Curb-cuts shall b'e kept to a
26 minimum in both number and width con-
27 sistent with the property traffic flow pattern .
28 4. ' Necessary transportation between different parts .
29 - of the same building or complex of buildings
30 when located on one continuous lot shall be by
31 private access routes , confined to the property
32 so as to not cause unnecessary congestion or
CITY OF RENTON
PLANNING DEPARTMcsT
- 17- Rev . G
1 hazards on public streets . Such on-site
2 access routes shall be located at a distance
3 of at least ten ( 10 ) feet , or on the property
4 side of any required planting strip , from all
5 pedestrian sidewalks . If no sidewalk is
6 provided , then to the edge of the public
7 right-of-way .
8 5 , Provisions shall be made for the separation
9 of parking of private automobiles from any
10 space or area used for manuevering , parking
11 or loading of any truck , vehicle or trailer
12 either while attached to or unattached from
13 any mover .
14 6 . Any fire or emergency access , including but
15 not limited to i4-734 . 10 . 2 shall conform with
16 the recommendations of the Renton Fire
17 Department and together with a traffic flow
18 pattern , when required , shall be clearly
19 defined on a site plan .
20 7 . Overpasses extending over a public right-of-
21 way shall be limited to pedestrian foot traffic
22 except that conduits for the transmission of
23 information may be included if concealed
24 within the primary structure of the overpass . .
25 The design , lighting and landscaping of such
26 structures shall clearly exhibit a high level
27 of aesthetic design and furthermore shall be
28 reviewed and approved by the Planning, Department .
29
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32 CITY OF RENTON
PLANNING DEPARTMENT
Rev . D
- 18-
1 8 . All on-site surfaces used for daily traffic
2 within the lot or as a part of the traffic flow
3 pattern required in §4-734 . 10 . 3 shall be paved
4 and maintained in a good condition with an
5 asphalt surfacing , or its equivalent if approved
6 by the administrative official , to prevent the
7 generation of dust or the tracking of mud onto
8 public right-of-ways .
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CITY OF RENTON
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1 11'. Sound.
2 The intent of this Standard is to establish maximum
3 sound levels for industrial sources as received in
4 other properties of the same or different environ-
5 mental -use designation . This is accomplished by
6' implementing the sound level requirements of the
7 Washington Administrative Code (WAC ) , Chapter 173-60 ,
8 "Maximum Environmental Noise Levels " , as it applies
g to industrial sources of sound and all sound
10 receptors .
11 1 . The classification of land-use environments
12 , shall be as prescribed in WAC 173-60-030 . The
13 Classifications for Use Districts (Zoning Codes )
14 . of the City of Renton shall be assigned the
15 Environmental Designation for Noise Abatement
16. ( EDNA) Codes as follows :
17' EDNA Class A; S- 1 , G , GS- 1 , G-9600 , G-8400 ,
18 SR- 1 , G-7200 , G-6000 , R- 1
19 R-2 , SR-2 , R-3 , R-4 , T , P- 1
20
21 5 EDNA Class B ; B-P , B- 1
22 EDNA Class C ; L- 1 , M-P , H- 1
23 2 . The sound level shall be measured as the A-weight- •
24 ed sound pressure level with a sound level meter
25' of Type 1 or Type 2 which conforms to the
266 Specification ANSI S1 . 4- 1971 of the American
27 National Standards Institute . The sound level
28 values are the A-weighted sound level in decibels
29, (dB ) . •
30 - 3 . The location for measurement of sound levels shall
31 be at any point within the receiving property .
32 Enforcement shall be undertaken only upon receipt
CITY OF RENTON
P ANNING DEPARTMENT
-20-
1 of a complaint made by a person who resides ,
2 owns property , or is employed in the area
3 affected by the complained of noise . Public
4 Districts including , but not limited to,
5 parks , recreational areas ; lake areas , green-
6 belts and wildlife sanctuaries shall be moni -
7 tored by the administrative official .
8 4 . The sound level of an industrial (EDNA Class C )_
9 sound source when measured in the prescribed
10 manner and location shall not exceed those
11 values given in Schedule 4-734 . 11- 1 . All
12 maximum sound level values for impulsive sounds
13 shall be reduced five ( 5 ) decibels when measured
14 with the A-weighted network .
15 5 . The hours of lower sound levels in EDNA Class A
16 environments shall be extended for all hours
17 of the weekend , from midnight Friday to midnight
18 Sunday , and the following holidays , as officially
19 observed by the City of Renton : New Year ' s
20 Day , Washington ' s Birthday , Memorial Day ,
21 Independence Day , Labor Day , Veteran ' s Day ,
22 Thanksgiving Day and Christmas Day .
23 6 . Exemptions to sound requirements of this ordinance
24 shall be the same as those provided in
25 " Washington Administrative Code , " WAC 173-60-050 .
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CITY OF RENTON
PLANNING DEPARTMENT
• Rev . D
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•
Schedule 4-734 . 11- 1
PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES
FROM EDNA CLASS C (INDUSTRIAL) SOURCE
EDNA CLASS MAXIMUM DURATION IN APPLICABLE
1
OF RECEPTOR SOUND LEVEL ANY ONE-HOUR HOURS3
(dB (A) ) PERIOD (min )
A 60 Continually 7am - 10pm
A 65 15
A 70 5 1152
A 75 11 7am - 10pm
A 50 Continually 10pm - 7am
A 55 15
A 60 5 152
A 65 12 10pm - 7am
B 65 Continually All
B 70 15
B 75 5 j152
B 80 11/2 All
C 70 - Continually All
C s 75 15
C 80 5 } 152
C 85 11/2 All
1 . Source : Chapter 173-60 , Washington Administrative Code
"Maximum Environmental Noise Levels " .
2. Total not to exceed 15 minutes' in any one hour.
3 . The lower noise levels in EDNA Class A apply on all hours
of the weekends and holidays .
•
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1 12 . Liquid Waste .
2 The intent of this Standard is to preserve and
3 enhance the quality of the environment and protect
4 the public- health and welfare by preventing
5 the disposal of liquid industrial wastes by
6 unacceptable methods and in unapproved areas .
7 1 . The discharge of all waterless liquid waste
8 shall be subject to the conditions of §4-734 . 12 . 3
9 and/or disposed' of by a liquid waste disposal
10 company .
11 2 . The discharge of any water containing liquid , gas
12 or solid wastes in solution and/or as a mixture
13 into any part of the natural water system shall
14 comply with the standards and compatibility
15 requirements of the Washington State Department of
1.6 Ecology or any successor department or agency thereof.
17 The administrative official shall be supplied
18 with a true copy of any and all discharge permits
19 issued to the facility by the State of Washington
20 Department of Ecology .
21 . 3 . All wastes discharged into a sewerage system
22 shall comply with the applicable regulations,
23 of the City of Renton and The Municipality of
24 Metropolitan Seattle Sewerage System governing
25 the control and disposal of industrial waste .
26 4 . All liquid wastes undisposable by treatment ,
27 after treatment , or by sewerage system shall
, 28 be disposed of on a scheduled basis clearly
29 • related in both rate and magnitude with the
30 industrial process or source generating the waste .
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CITY OF RENTON
Rev . D
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1 5 . ' Upon the request of the administrative official
2 the industry shall provide substantial proof of
3 having disposed of liquid waste , falling in the
4 • categories of §4-734 . 12 . 4 equal to or greater
5 than eighty (80 ) percent in either volume or •
6 weight of the amount generated during the previous
7 six (6 ) months of operation .
8 6 . The release of odorants or gaseous wastes
9 from liquid wastes awaiting disposal shall be
10 prevented by using adequate means of storage
11 and all other reasonable means necessary .
12 7 . Any treatment of liquid waste solely for the '
13 purpose of disposal shall be permitted when
14 the generation of any solid or gaseous wastes
15 is adequately handled in compliance with these
16 Standards and all other rules and regulations
17 of state and regional agencies . Such treatment
1.8 shall employ the latest and best technology •
19 and equipment currently available to industry .
20 Liquid waste shall include surface runoff waters
21 ' as per Section 4-734 . 8 when contaminated with
22 chemicals , oils or other toxic substances .
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CITY OF RENTON
•
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1 13 . Li9ht and Glare .
2 ' The intent of this Standard is to afford the
3 public the safety of adequate lighting while
4 avoiding unnecessary glare and exposure to
5 ' excessive outdoor illumination which may create
6 a hazard or unreasonably interfere with the relaxation
7 and enjoyment of public open spaces , right-of-ways ,
8 and normal residential activities and pursuits .
9 1 . Illumination levels shall be measured with
10 a photoelectric photometer ( light-meter)
11 having a spectral response similar to that
12 of the human eye , following the standard
13 spectral luminous efficiency curve adopted
14 by the International Commission of Illumination .
15 2 . The illumination from all sources located on
15 a lot shall have the maximum value of eleven
17 • ( 11 ) lumens per square meter outside of lot
18 lines and six (6 ) lumens per square meter
19 outside the district lirie < In all cases of conflict
20 the district lines value shall amply .
21
22
23 3 . The intrinsic brightness of any source visible
24 beyond the district lines shall have a maximum
25 value of fifty ( 50) candles per square centimeter .
25 4 . Intermittent , rotating or flashing lights of
27 an intrinsic brightness greater than two ( 2)
28 candles per square centimeter and with a
29 frequency greater than once in any five ( 5)
30 second time period shall not be visible beyond
31 district lines unless for the sole purpose of
32 alarm or giving warning .
CITY OF RENTON
PLANNING DEPARTMENT
-25-
1 14 . Odorants . The intent of this Standard is to
2 prevent the occurance of certain offensive
. 3 odors in the environment by limiting the concen-
4 tration of chemical compounds which are known to
5 produce strong olfactory responses . This
6 Standard does not attempt to determine the
7 intrinsic or subjective good or bad qualities of
, 8 an odor , but only that the concentration of
9 specific constituent compounds are above adopted
10 values which have been accepted for the health
11 and well being of the general public .
12 1 . The concentration of specific compounds
13 listed in Schedule 4-734 . 14- 1 shall not
14 exceed the odor threshold values in two
15 consecutive air samples . Three air samples
16 are to be taken over a two ( 2 ) hour period ,
17 one sample each at the beginning and end
18 of the test period and one sample near the
19 time midway through the sample period . The
20 administrative official may establish the
21 time of the sample period .
22 2 . The location for taking the three samples
23 shall remain fixed during the test period
24 • and shall be at a point outside lot lines ,
25 at ground level or habitable elevations
26 and a safe and reasonable place consistent
27 with the location of the reported violation .
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CITY Of RENTON
PLANNING DEPARTMENT
Rev . E
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1 . 3. Monitoring shall be undertaken only •
2 upon receipt of a complaint made by a
3 person who resides , owns property , or is
4 employed in the area affected by the
5 complained of odors , unless the area-
6 is designated as a• public use area where-
7 upon all complaints will be accepted .
8 4 . When more than one concentration is
9 listed for a substance in these Standards ,
10 the more stringent shall apply .
11 5 . The samples shall be taken by a qualified
12 person and the concentrations of odorants
13 shall be measured in a certified laboratory
14 or facility at the request of the
15 administrative official .
16 6 . Nothing in this Standard shall be construed
17 to impair any cause of action or legal '
18 remedy therefor of any person , or the
19 public for injury or damages arising from
20 the emission of any odorant in such place ,
21 manner or concentration as to constitute
22 air pollution or a common law nuisance .
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CITY OF RENTON
• aANNING DEPARTMENT
•
-27- Rev . G
' Schedule 4-734. 14- 1
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
•
ODOR THRESHOLD1
No . POLLUTANT
(ppm) (mg/m3 )
1 Acetone 320 770
2 Acrolein '15 35
3 Allyl disulphide 0 . 0001 0 . 00006
4 Allyl mercaptan 0 . 00005 0 . 00015
5 Ammonia 0 . 037 0 . 026
6 Amyl alcohol 10 35
7 Apiole 0. 0063 0 . 057
8 Benzene 60 180 •
9 i -Butanol 40 120
' 10 n-Butanol 11 33
11 i -Butylacetate 4 17
12 n-Butylacetate 7 35
13 n-Butylformate 17 70
14 E'utyric acid 0 . 00028 0 . 000001
15 Camphor 16 100
16 Carbon disulphide 7 . 7 23
17 Carbontetrachioride 200 1260
18 Chlorine 0 . 01 0 . 029
19 Diacetyl 0 . 025 0 . 088
20 1 , 2-Dichloroethane 110 450
21 Diethylketone 9 33
22 Dimethylamine 6 11
23 Dimethyl sulphide 0 . 02 0 . 051
24 Dioxane 170 620
25 Ethanol 50 93
26 Ethylacetate 50 180
27 Ethyleneglycol 25 90
28 Ethyl mercaptan 0 . 000016 0 . 00004
29 Ethyl selenide 0 . 000062 0 . 00035
30 Ethyl selenomercaptan 0 . 0000018 ' 0 . 000008
31 Ethyl sulphide 0 . 00025 0 . 00092
32 Heptane 220 930
33 Hydrogen selenide 3 10
34 Hydrogen sulphide 0 . 0011 0 . 0015
35 Iodoform 0 . 00037 0 . 0061
36 Ionone 0 . 000000059 0 . 00000046 •
37 Methanol 5900 7800
38 Methylacetate 200 550
39 Methylenechloride 150 550
40 Methylethylketone 25 80
•
41 Methylformate 2000 5000
42 Methyleneglycol 60 190
43 Methyl - i -butylketone 8 32
44 Methyl mercaptan 0 . 0011 0 . 0022
45 Methylpropylketone 8 27
•
46 Octane 150 710
47 ! Ozone 0 . 1 - 0 . 2
48 Phenol 3 12
49 i -Propanol 40 90
50 n-Propanol 30 80
-28- Rev . G
Schedule 4-734. 14- 1 (cont ' d )
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD1
No . POLLUTANT
( PPm) (m9/m3 )
51 i -Propylacetate 30 • 140
52 n-Propylacetate 20 70
53 Propyl mercaptan 0 . 000075 0 . 00023
54 Pyridine 0. 012 0. 04
55 Skatole 0 . 000000075 0 . 0000004
56 Sulphur dioxide 30 79
57 Tetrachloroethylene 50 320
58 Tetrahydrofuran 30 90
59 Toluene 40 140
60 1 , 1 , 1-Trichloroethane 400 2100
61 Trichloroethylene 80 440
62 Trimethylamine 4 96
63 Valeric acid 0 . 00062 0 . 0026
64 Vanillin 0 . 000000032 0 . 0000002
65 Xylene 20 100
1 ppm is parts per million at 20° C and 760 Torr
mg/m3 is milligrams per cubic meter
_29_ Rev . G
1 15 . Flammable and Explosive Materials .
2 The intent of this Standard is to provide adequate
3 separation between flammable or explosive materials
4 and the neighboring properties and public areas ,
5 total containment of all flammable , toxic and poll -
6 uting liquid materials , limits for the stored
7 quantity of flammable' and explosive materials as
8 a function of property area , and all other
9 reasonable safety measures deemed necessary for
10 • the protection of people , property , and the '
11 , environment from the threat and destruction of
12 fire and/or explosion , •and to prevent encumbering
13 adjoining properties with burdens which are related
14 to the hazards of flammable and explosive materials .
15 1 . An industry shall not impose economic burdens
16 such as , but not limited to higher insurance rates
17 and/or operational limitations upon neighboring
18 facilities due to its location and hazardous
19 nature . All necessary modifications shall be made
20 to both such characteristics and the site plan
21 SO aS t0 not impact neighboring facilities .
22 2 . An industry or facility storing for its own '
23' use or redistribution any flammable , toxic or
24 polluting liquid of a capacity equal to or
25 greater than the lesser of that quantity
26 sufficient to result in a flow across lot lines
27 or a quantity of fifteen ( 15 ) cubic inches per
28, square foot of total lot area shall construct
29 a permanent continuous dyke surrounding all
30 buildings , structures and facilities which '
31 could contribute to the flow. The capacity
' 32 of the dyked area shall be one hundred ( 100 )
CITY OF RENTON
PLANNING DEPARTMENT
•
-30- Rev . G
1 percent of the maximum possible volume of
2 stored liquid and the top of the dyke shall
3 be at least one' ( 1 ) foot above this liquid level .
4 The dyke shall be designed and constructed in.
5 such a manner that there is no visible leakage
6 on or below any portion of the exterior dyke
7 surface which is below the level of the confined
8 liquid after a forty-eight (48 ) hour period .
9 A report on a test of a typical dyke section
10 constructed to full scale shall be prepared by
11 a licensed engineer and submitted as proof of
12 the design .
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PLANNING DEPARTMENT
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10 3 . The dyke shall be of earthen material with two
11 sloping sides and a maximum slope of two (2 )
12 feet of width to each one ( 1 ) foot of rise .
13 The top of the dyke shall be flat and of at least
14 six (6 ) feet in width . The slopes of the dyke
15 shall extend to grade level without any vertical
16 cuts or retaining walls . The design of the dyke
17 shall minimize the likelihood of damage by
18 major earthquakes whose epicenters are located in
19 ,. the Pacific Northwest. All ingress into and
20 egress from the inner side of the dyke shall be over
21 the dyke top . The roadway shall be constructed
22 so as to not weaken the dyke or decrease its
23 resistance to earthquake damage . When the holding
24 dyke and landscaped berm are one and the same
25 structure no vertical cuts or retaining walls shall
26 be allowed in the common structure .
27 4 . On-site fire suppression systems shall be fully
28 automatic with manual overrides from at least two
29 locations outside the dyked area . The fire suppression
30 system shall be connected to Central Dispatch of the City of
31 Renton by means of a Remote Station Protective Signaling System,
32 in accordance with the specifications of the National Fire Code,
Volume 7, of the National Fire Protection Association.
CITY OF RENTON
PLANNING DEPARTMENT
-32- Rev . G
•
2
3
4
5
6 5 . The manufacture and/or storage of explosives or
7 blasting agents shall comply with the quantities
8, , and locations setforth in Schedule 4-734 .15- 1
g as per type of explosive , quantity to be manu-
10 ,factured and/or stored and the distances from
11 the lot lines . The quantities are the maximum
12 amount that shall be allowed for any one company ,
13 facility or site . The stated distances are the
14 minimum that shall be allowed .
15 6 . The manufacture and/or storage of explosives ,
16 blasting agents and similar such substances shall
17 comply with all other conditions and regulations
18
setforth in. Title 7 ,, Chapter 6 , " Explosives " of
19 - the Revised and Compiled Ordinances of the City
20 of Renton and in the "Washington State Explosives
21 Act " , Chapter 70 . 74 of the Washington Administration
22 Code .
23 7 . The latest and best technology and equipment shall
24 be used for the prevention of fires and explosions ,
25 for the detection of fires and other related
26 . hazards , and for the protection of life and property
27 from fires , explosions and their related effects .
28 .
29 ,
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-33-
1 8.. A holding dyke or wall required by the
2 Uniform Fire Code shall comply with
3 such Code requirements . The dyke required
4 by the Uniform Fire Code and the dyke
5 required by the Bulk Regulations may be
6 identical when the Bulk Regulation dyke
7 is not common with the landscaped berm.
8 The dyke required by the Uniform Fire ,
9 Code shall be setback at least fifty ( 50 )
10 feet in addition to the required yard set-
11 back . The fifty ( 50 ) feet shall be measured
12 from the setback to the toe of the dyke .
13
14
15
1.6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-34- '
,
Schedule 4-734 : 15- 1
•
•
QUANTITY AND DISTANCE FOR
EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE
EXPLOSIVE QUANTITY • DISTANCE FROM LOT LINES
MATERIAL1 POUNDS POUNDS
OVER NOT OVER FEET
Explosive-Class A 0 • 5 280
• 0 5 ' 280
Blasting
Agents 5 10 360
10 20 440
20 30 500 •
Explosive 0 5 210
Class B and C 5 10 270
10 20 330
20' 30 380
30 40 420
40 50 450
•
1 Definition and classification as per "Washington State
Explosive Act" , WAC 70 . 74 , as amended by Chapter 72 ,
Laws of 1970 .
-35_ Rev . G
1 16 . Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
3 generation of all air contaminants , to decrease the
4 annual emissions from stationary sources and all
5' •related transfer operations on the site by controlling
6 land-use intensity and requiring the use of the latest
7 and best technology for the control of all air-borne
8 contaminants in order to achieve and maintain a health-
9 ful environment of clean air .
10 1 . Process methods and procedures currently available
11 in industry which are known to cause fewer in
12 number and lesser quantities of air contaminants ,
13 shall be used in all . cases . In addition the
14 latest and best technology and equipment shall
15 be used for the control and removal of all
16 air contaminants .
17 2 . Compliance with §4-734 . 16 . 1 does not relieve .
18 the owner or operator of the facility of the
19 responsibility of• meeting the requirements of
20 Regulation I of the Puget Sound Air Pollution
21 Control Agency .
22 3 . It shall be the responsibility of the developer
23 of the facility to ascertain the information
24 required in 4-734 . 16 .. 1 and to report such •
25 findings to the administrative official .
26 4 . The emission of specific substances into the air
27 shall be limited to the total annual and spatial
28 density , relative to land- use for each facility
29 as setforth i,n Schedule 4-734 . 16- 1 .
30
3].
32
•
CITY OF RENTON
PLANNING DEPARTMENT
- 36- Rev . G
1 5 . • A facility shall be capable of achieving a
2 condition of near-zero discharge during an
3 alert or higher stage of a declared air pollu-
4 tion episode and shall employ all operational
5 and technical means to reach the lowest
6 physically possible quantity of emissions
7 during the entire alert period . It shall be
8 the responsibility of the administrative official
9 to enforce a reduction in the process weight to
10 comply with this restriction .
11
12
13
14
15
16
17
18 .
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
1 6. All ground surfaces not included in developmental
2 • coverage, left in an undisturbed condition of
3 natural flora , or required landscaping and which
4 may contribute to the amount of airborne particu-
5 late matter shall be suitably covered by , but not
6 limited to , hydroseeding with grass to prevent
7 the generation of dust .
8 7 . All new facilities or expansion of existing facili -
9 ties , unless exempted by the limitations in
10 Schedule 4-734 . 16- 1 , shall provide an initial
11 report covering the emission of those specific
12 substances listed in Schedule 4-734 . 16- 1 . The
13 report shall cover the first three ( 3 ) months
14 of operation and shall be filed with the admini-
15 strative official within thirty ( 30 ) days after
16 the end of the reporting period . The report shall
17 enumerate all sources by type or category contribu-
18 ting ten ( 10 ) percent or more of the total emission
19 for .each specific substance . The total of all sources
20 contributing less than ten ( 10 ) percent individually
21 may be grouped as- one entry and if so shall specify
22 the number of sources included . The report shall
23 contain such information or analyses as will disclose
24 the reported values. of the emissions which are or
25 may be discharged by such source . The report shall
26 be certified by a licensed engineer .
27 8. Each emission greater than twenty ( 20 ) percent of
25 the "annual weight per facility" or "spatial density " ,
29 computed on an annual basis , as reported in §4-734 , 16 . 7
30 shall be reported thereafter on a quarterly basis until
31 such time as the total weight of the specific emission
32 ' drops below and remains below the twenty ( 20 ) percent
CITY OF RENTON
• PLANNING DEPARTMENT
-38-
1 specified above . Such reports shall be due and
2 filed with the administrative official within
3 thirty ( 30 ) days after the end of the reporting
4 quarter. The beginning and ending dates of each
5 quarter shall be established by the administrative
6 official .
7 9 . Each facility subject to this Standard shall be
8 responsible for notifying the administrative official
9 of all new initial emissions of a substance listed
10 in Schedule 4-734 . 16- 1 and all increases in emissions
11 from new or old sources which will raise the
12 emissions of that specific substance for existing
13 sources , above the twenty ( 20 ) percent level
14 specified in §4-734 . 16 . 8 . Such notification
15 will be in a report as per §4-734 , 16 . 7 .
16 10 . In addition to such reports 'as required in
17 §4-734 , 16 . 7 , 4-734 .'16 . 8 and 4-734 . 16 . 9 , the
18 administrative official may designate and employ
19 a licensed engineer of his choice to make an
20 independent - study and report as to the type and
21 quantity of emissions which are or may be dis-
22 charged from the source . An engineer so designated
23 is authorized to enter and inspect any article ,
24 machine , equipment or contrivance necessary to
25 make the inspection and report .
26
27
28
29
30
31 .
32 .
CITY OF RENTON
PLANNING DEPARTMENT
- 39-
1 11 . The site of bulk storage facilities emitting
2 any of those substances listed in Schedule
3 4-734 . 16-1 shall comply with the following
4 limitation on location . No new facility or
5 expansion of an existing facility shall be
6 permitted within five thousand (.5000) feet
7 of existing bulk storage facilities if their
8 combined emission for any of the listed sub-
9 stances exceeds two (2) times the permitted
10 annual emission of the substance for a single
11 facility . The emissions of applicable existing
12 facilities shall be reduced as per54-734 .16 .12 .
13 12 . All existing bulk storage facilities on the •
14 effective date of this ordinance and emitting
15 more than the maximum permitted emission of
16 any listed substance shall be assumed as
17 having the maximum permitted emission for the
18 purpose of calculating the locational density
19 of facilities as specified in § 4-734 .16 .11 .
20 For the purpose of this Standard existing
21 bulk storage facilities shall include those
22 facilities for which substantial construction ,
23 other than site preparation , is in progress.
24 and as determined by the administrative official .
251 13 . All existing facilities qualifying under § 4-734 .
26 16 . 12 shall comply with the emission standards
27. setforth in Schedule 4-734 . 16-1 within three (3 )
28 years of the effective date of this ordinance .
29 A one time extension of up to two (2 ) years may be
30 granted by the administrative official upon the
31 showing of good cause why compliance cannot be
32 achieved within the specified time period .
CITY OF RENTON
PLANNING DEPARTMENT
-40-
1 14 . All sources or points of emissions within
. 2 the lot lines shall be suitably controlled
3 by a reduction or recovery of emissions with
4 an overall efficiency of ninety (90) percent
5 or greater when compared to the uncontrolled
6 system and when the equipment and technology
7 are readily available . Sources and points
8 of emission shall include the carrier vehicle
9 and any transfer mechanism when actively
10 engaged in loading or unloading operations .
11 Control shall include , but is not limited to ;
12 vapor recovery systems for volatile liquids
13 and hoods or fully enclosed buildings with
14 exhaust fans and filters or their equivalent
15 for transfer operations generating airborne
16 particulates . Such emission control shall
17 be required even though the emissions of
16 the bulk storage facility are below the
19 maximum permitted levels .
20
21
22
23
24
25
26
27 •
26
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
•
-41-
Schedule 4-734 . 16- 1
TOTAL ANNUAL EMISSION AND SPATIAL DENSITY
•
OF SPECIFIC SUBSTANCES
MAXIMUM
MEASURED WEIGHT PER SPATIAL
SUBSTANCE AS FACILITY DENSITY/ LIMITATIONS
(Tons/Year) ( Units/Acre )
Hydrocarbons Carbon 100 . 0 9 . 00 Tons None
.Watervapor N
Sulfur Oxides
Nitrogen Dioxide
The annual emission per facility and
Carbon Monoxide spatial density shall be equivalent to
the allowable emissions and ambient
Photochemical air concentrations established in
Oxidants Regulation I of the Puget Sound Air
. Pollution Control Agency .
Suspended
Particulates
: 'A r s•e n i c
/.. Fractions of an acre shall be alloted an equivalent portion of
the emission and rounded out to the nearest significant figure
as shown in the table .
-42- Rev . G
1 SECTION II : •
2 Existing Section 4-702 ( Definitions ) of Title IV ( Building
3 Regulations ) of Ordinance No . 1628 entitled "Code of General
4 Ordinances of the C.ity • of Renton" is hereby amended to add
5 the following definitions :
6
Sections 4-702 ( 25 ) through 4-702 ( 61) as added :
7
8 (25 ) "Administrative Official " : The individual ( s )
9 in the Developmental Services Division of the
10 Public Works Department , or his designee , so
11 designated to administer the various Performance
12 Standards as 'set forth by ordinance .
13 ( 26 ) "Alert" : The lowest stage of an Air Pollution
14 Episode and declared by the Department of Ecology .
15 ( 27 ) " Blasting agent" : Any material or mixture con-
16 sisting of a fuel and oxidizer , intended for
17 blasting , not otherwise classified as an explosive ,
18 • and in which none of the ingredients are classified
19 as an explosive , provided that the finished product ,
20 as mixed and packaged for use or shipment , cannot
21 be detonated when confined by means of a No . 8 22 test blasting cap .
23 ( 28) , "Bulk Storage" : The h-olding or stockpiling on
24 . land of materials and/or products according to
25 all the• following five conditions ; ( 1 ) in a bulk
26 form or in bulk containers ; ( 2 ) under protective
27 cover to the essential exclusion of other uses
28 of the same space due to special fixtures or
29 exposed to the elements ; ( 3) in sufficient numbers
30 quantities or spatial ,allocation of the site to
31 determine and rank such uses as the principal use
32 of the site ; ( 4) the major function is the
CITY OF RENTON
PLANNING DEPARTMENT
-43- Rev . G
1, collection and/or distribution of the materials
2' and/or products rather than processing ; and ( 5 )
3. the presence of fixed bulk containers or visible
4 stockpiles for a substantial period of a year.
5, A. Bulk storage facilities include , but are not
6 limited to :
7' 1 . Automobile holding and transfer depots .
8 2 . Concrete block and products storage and
9 manufacturing of ' when on the same site .
10 3 . Equipment or machine storage not in ware-
11 house .
12 4 . Fuel yards , wholesale .
13 5 . Grain or feed silos , elevators or the open
14 storage of grain and feed .
•
15 6 . Log , random cut and chipped wood by-products
16 storage .
17 7 . Sand and gravel yards including sizing ,
18 transfer and loading equipment when present.
•
19 8 . Scrap or junk yards and wrecking yards
20 including processing and handling equipment.
21 9 . Solid waste holding and disposal areas .
22 10 . Tank farms including distribution and loading
23 systems .
24 B . Bulk storage facilities include those industries
25 where at least forty ( 40) percent of the developed
26 area of the site is used for bulk storage , and
•
27 may include , but are not limited to :
28 1 . Brick or tile storage and manufacturing of .
29 2 . Contractor equipment yards .
30 3 . Foundries .
31 4 . Lumber mills and wholesalers .
32
CITY Of RENTON
PLANNING DEPARTMENT
-44- Rev . G
1 ' C . Bulk storage facilities exclude :
2 1 . Land banks , greenbelts , watersheds or
3 public water reservoirs .
4
2 . Parking lots or structures for private
5 licensed automobiles .
6 3 . Ship yards .
7 4 . Warehouses alone or in conjunction with
8 . manufacturing on the site .and when not
9 including any. of the uses in §4-702( 28)A ,
10 listed above•.
11
12
13
14
15
16
17
18
19
20
21
22 ( 29) " Capacity" : The volume of a liquid which could be
23 - retained within the dyked area without a breach of
24 the dyke at any point .
25 ( 30) " Ceiling "C" Limit Value" : A maximum concentration
26 of certain airborne materials which apply to the
27 conditions state in Threshold Limit Value and
28 ' adopted by ACGIH .
29 ( 31 ) " Certified" : A facility and staff qualified and
30 able to provide certain tests and measurements
31 relating to specific tasks and traceable to
32 established standards .
CITY OF RENTON
PLANNING DEPARTMENT
• ,
-45- •
1
1 ! (32 ) "Conduit" : A tube for pneumatic shuttles , a
I
2 pipe for coaxial cables , a waveguide , a closed
3I path for laser transmission , fiber optics , or
4 similar function .
51 (33 ) "Container" : A structure of any size made or
61 used solely to hold or ' enclose a specific sub-
7 , stance .
8 (34 ) " Daily Traffic" : An average of at least one
9 , motor vehicle crossing in one direction per
10 ' working day for any continuous thirty day period .
11 ; ( 35 ) "Developmental coverage'_' : All developed surface
12 ,
areas within the subject property including ,
13 but not limited to buildings , paving , structures ,
14, areas covered by storage and altered or compacted
15 soils where the surface runoff is increased or
16 channelized .
17, ( 36 ) " District Line" : A boundary designating the
18 various use-districts or zones .
19', ( 37 ) " Drainage area " : The lands within a watershed
201 containing the subject property and potentially
!
21 active in the interchange of runoff water with the
22 property.
23 ( 38) "Drainage plan" : A design of the drainage system
24 including the essential information and calcu-
251 lations to provide the system performance .
26 ( 39 ) "Drainage system" : A system of collectors , catch
27 basins , sumps , holding ponds and the associated
28; culverts and ducting for the control of surface
29 water -as a result of precipitation on the property
39 and may include the channeling of pre-existing
•
31 natural flows across the property .
32 •
CITY OF RENTON
PLANNING DEPARTMENT
-46-
1 (40 ) "Explosive Any chemical compound or mechanical
2 mixture that is commonly used or intended for
3 the purpose of producing an explosion , that
4 contains any oxidizing and combustible units ,
5 or other ingredients , in such proportions ,
6 quantities or packing , that an ignition by
7 fire , by friction , by concussion , by percussion ,
8 or by detonation of any part of the compound
9 or mixture may cause such a sudden generation of
10 highly heated gasses that the resultant gaseous
11 pressures are capable of producing destructive
12 effects on contiguous objects or of destroying
13 life or limb . In addition , the term "explosives "
14 shall include all material which is classified
15 as Class A , Class B Class C explosives by
16 the federal aepartment of transportation ; provided ,
17 that for the purposes of this definition small
18 arms ammunition and small arms ammunition primers
19 shall not be defined as' explosives .
20 (41 ) "Gross area coverage" : The area on a horizontal
21 plane outlined• by the vertical projection of the
22 roof edges .
23 (42 ) "Hazardous" : See "recognized higher risk" .
24 (43) " Impulsive Sound" : A sound of less than one ( 1 )
25 second duration , with an abrupt onset and rapid
26 decay and with a peak intensity of at least ten
27 ( 10 ) decibels , on the A-weighting network , greater
28 than the background sound level . The background
29 sound level is the average of the range observed
30 for a five ( 5 ) minute period no more than one ( 1 )
31 hour prior to the measurement of the impulsive
32 sound .
CITY OF RENTON
PLANNING DEPARTMENT
-47-
1 (44) " Industrial access" : A type or class of street
2 specified in the Renton Subdivision Ordinance ,
3 Section 9- 1108 . 7 , Table 1 (Minimum Standards for
4 Development) . •
5 : (45 ) "Licensed" : An engineer holding a valid Washing-
6 ton State Professional Engineering License or
7 , a professional person holding an appropriate
8 and valid Washington State License .
9
10
11 ( 46 ) "Lot-district lines" : `The lot line of property
12 when it is congruent with the district line or
13 when the lot line and district line are so situated
14 that the lot line acts as the limit of development
15 for the zoned use , such as a street right-of-way
16 between the lot line and district line . Where
17 the district line is congruent with the City
18' Limits the zoning and use beyond the City Limits
19 shall be given the same consideration as the
20 City ' s zones,.
21 (47 ) "Natural water system" : Any and all parts of
22 the hydrologic cycle independent of size and
23 residence time . The meaning includes "waters of
24 the state" as defined in RCW 90 . 48 . 020 .
25 (48 ) "Near-zero discharge" : The closest currently
26 possible approach to the ideal "zero-discharge" .
27 (49 ) "Neighboring facilities " : Those facilities which
28 share some common regional element of the natural
29 environment and includes more than adjacent or
30 nearby facilities .
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-48-
1 (50) • "Odor Threshold" : The concentration of an
2 o'dorant in clean ambient air which is said
3 to produce an olfactory response in most people .
4 (51 ) " Peak discharge" : The maximum surface water
5 runoff rate determined by the precipitation
6 intensity and duration , and the surface properties .
7 ( 52 ) - "Qualified" : A person who , by possession of a
8 recognized degree , certificate , or professional
9 standing , or who by extensive knowledge , training
10 and experience , has successfully demonstrated his
11 ability to solve or resolve problems relating
12 to the subject matter , the work , or the project .
13 ( 53 ) "Recognized higher risk" : An industry or activity
14 which is so classified by the Washington Surveying
15 and Rating Bureau because of a greater loss
16 potential due to hazardous characteristics of the
17 product or process .
18 ( 54 ) "Return period" : When applied to rainfalls a
19 curve on the precipitation intensity-duration
20 graph availabe through the National Weather Service .
21 ( 55 ) ," Roof" : Any cover made of a material or type of
22 construction so as to be impervious to water and
23 erected so as to delineate a fixed volume over a
24 permanently defined location for shielding the
25 space underneath from the natural elements .
26 ( 56 ) "Threshold Limit Value (TLV ) " : The concentration
27 of certain airborne materials representing condi -
28 tions under which it is believed and adopted by the
29 American Conference of Governmental Industrial
30 Hygienists (ACGIH ) , that nearly all workers may be
31 repeatedly exposed day after day without adverse
32 effects .
CITY OF RENTON
PLANNING DEPARTMENT
4
• 1
1
• -49- Rev . G
1 (57 ) • "Toxic substance" : Those materials listed and ,
2 documented by the American Conference of Govern-
3 mental Industrial Hygienists (ACGIH) .
14 (58) "Visible leakage" : The leakage of a liquid in
_5 sufficient quantity to form beads , rivulets , or
I6 trickles , but more than just a moistening of
the surface .
18 (59 ) "Warehouse" : A building entirely enclosed by a
19 roof and solid walls , except for windows and doors ,
10 and used to inclose and protect materials and goods .
11 The walls of such a building are not used to hold
12 or restrain goods in a bulk form.
13 (60 ) "Waste" : Any material , other than products not
14 having an immediate market and/or value , and/or
15 no further use or resource to the industry creating
16 such material .
17 (61 ) "Wildlife habitat" : An area officially recognized
18 and/or dedicated by the City , the State or Federal
19 Governme-nt for the propagation and benefit of
20 wildlife .
21
22
23
24
25
26
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-50-
1 SECTION III :
2 This ordinance shall be effective from and after its
3 passage , approval and five ( 5 ) days after its publication ,
4 unless otherwise provided for hereinabove ..
5
6 - PASSED BY THE CITY COUNCIL THIS day of 19 .
7
8
9
Delores Mead , City Clerk
10
11
12 APPROVED BY THE MAYOR THIS day of `19
13
14
15 Avery Garrett , Mayor
016 Approved as to form :
17
18 Gerard M. Shellan , City Attorney
19
20 Date of Publication
21
22
23
24
25
26
27
28
29
30
31 •
•
32
•
CITY OF RENTON
PLANNING DEPARTMENT
4 OF R v
C.) . THE CITY OF RENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
op AVERY GARRETT, MAYOR • PLANNING DEPARTMENT
((Q` 235 - 2550 •
��TEO SEPIt0O
MEMORANDUM
August 14 , 1975
TO : All Recipients
FROM : Planning Department
SUBJECT : A New Issue of the " Proposed Bulk
Storage Regulations with Definitions "
as Revised .
The attached document is a new issue of the " Proposed
Bulk Regulations with Definitions " , Fourth Edition ,
dated July 14 , 1975 . This latest edition incorporates
all previous revisions ( D , E and F ) and the latest
approved revision (G ) . Please note that the pages
have been renumbered incorporating the former. inserted
pages .
The latest revisions ( G) are underlined where material
has been deleted , inserted or otherwise changed . In
addition , two subsections have been completely deleted
and were formerly §§4-734 . 10 . 8 (p 15 ) and 4-734 . 15 . 5
• (p 28 ) in the previous edition .
Attachment
•
PRELIMI NARY
SUBJECT TO REVISION
PROPOSED
BULK STORAGE REGULATIONS WITH
DEFINITIONS
(EIGHTH EDITION)
AUGUST 14 , 1975
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT, THE PLANNING COMMISSION,
THE CITY ATTORNEY AND THE COMMUNITY SERVICES
COMMITTEE OF THE COUNCIL
CITY OF RENTON
PLANNING DEPARTMENT
REVISION
> i
TABLE OF CONTENTS Rev . G
3
SECTION TOPIC PAGE
1 Bulk Requlations
2 4-734. 1 Intent 1
3 4-734. 2 Special Permit 1
4 4-734 . 3 Height 2
5 4-734 . 4 Setbacks 2
6 4-734 . 5 Landscaping 3
7 4-734 . 6 Signs 9
8 4-734 . 7 Locational Criteria 9
9 4-734 . 8 Surface Drainage 11
10 4-734 . 9 Toxic Substances 14
11 4-734 . 10 Traffic and Access Control . . . 16
12 4-734. 11 Sound • 19
13 4-734. 12 Liquid Waste 22
14 4-734 . 13 . Light and Glare 24
15 4-734 . 14 Odorants 25
16 4-734 . 15 Flammable and Explosive Materials 29
17 4-734 . 16 Gaseous Waste and Other Emissions 35
18 Definitions
19 4-702 ( 25 ) Administrative Official 43
20 4-702 ( 26 ) Alert 43
21 4-702 ( 27 ) Blasting Agent 43
22 4-702 ( 28 ) Bulk Storage 43
23 4-702 ( 29 ) Capacity 44
24 4-702 ( 30 ) Ceiling "C" Limit Value 44
25 4-702 ( 31 ) Certified 44
•
26 4-702 ( 32 ) Conduit ' 45
27 4-702 ( 33 ) Container •
45
28 4-702 ( 34) Daily Traffic 45
29 4-702 ( 35 ) Developmental Coverage 45
30 4-702 ( 36 ) District Line 45
31 4-702 ( 37 ) Drainage Area • 45
32 4-702 ( 38 ) Drainage 'Plan 45
CITY OF RENTON
PLANNING DEPARTMENT
is
TABLE OF CONTENTS Rev. G
SECTION TOPIC PAGE
1 Definit-ions (Continued )
2 4-702 (39 ) Drainage System 45
3 4-702 (40) Explosive 46
- 4 4-702 (41 ) Gross Area Coverage 46
5 4-702 (42) s Hazardous 46
6 4-702 (43) Impulsive Sound .. 46
7 4-702 (44) Industrial Access. 47
8' 4-702 (45 ) Licensed 47
9 4-702 (46) Lot-District Lines 47
10 4-702 (47 ) Natural Water System . . . . . . . 47
11 4-702 (48) Near-Zero Discharge 47
12 4-702 (49) Neighboring - Facilities 47
13 4-702 (50) Odor Threshold 48
14 4-7.02 ( 51 ) Peak Discharge ' 48
15 4-702 (52 ) Qualified , 48
16 4-702 (53) ,Recognized Higher Risk .. ' . . . .. 48
17 4-702 (54) Return Period 48
18 4-702 (55 ) Roof 48
• 19 4-702 (56) Threshold Limit Value 48
20 4-702 ( 57 ) . Toxic Substance 49
21 4-702 (58) Visible Leakage 49
22 4-702 (59 ) Warehouse 49
23 4-702 (60) Waste 49
24 , 4-702 (61 ) Wildlife Habitat 49
25 •
26
27
28
29
30 •
31 .
32 -
CITY Of RENTON
Pt ANNING DEPARTMENT
• - 1- Rev . G
ORDINANCE NO .
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
ESTABLISHING AND CREATING REGULATIONS FOR BULK
STORAGE FACILITIES ; DEFINITIONS TO CLARIFY
CERTAIN TERMS IN THE " ZONING ORDINANCE" KNOWN
AS CHAPTER 7 OF TITLE IV ( BUILDING REGULATIONS )
OF ORDINANCE NO . 1628 KNOWN AS THE " CODE OF
1 GENERAL ORDINANCES OF THE CITY OF RENTON . "
2
3 BE IT ORDAINED BY THE MAYOR AND •THE , CITY COUNCIL OF THE CITY
OF RENTON , WASHINGTON , AS FOLLOWS :
4
5
6 SECTION I :
7 A new Section 4-734 ( Bulk Storage Facilities ) of Title IV
8 ( Building Regulations ) of Ordinance No . 1628 entitled " Code
9 of General Ordinances of the City of Renton" is hereby created
10 to read as follows :
11 Section 4-734 , Bulk Stora9eFacilities as Created :
12 4-734 Bulk Storage Facilities
13 1 . Intent . The intent of the regulation of bulk storage
14 facilities is to allow such facilities in a location
15 and manner so they are compatible with adjacent prop-
16 erties and beneficial to the City and in accordance
17 with the State Environmental Policy Act . It is further
18 the intent to insure that the safety , health , welfare ,
19 aesthetics and morale of the Community are maintained
20 at a high level . Due to the unique characteristics and
21 problems inherent in making bulk storage facilities
22 compatible with surrounding properties and environment ,
23 the City Council finds that special review of bulk storage
24 facilities is required to insure the intent of these
25 regulations,. These regulations are to supplement and be
26 in addition to existing ordinances and code provisions .
27 2 . Special Permit and Administration . •
28 1 . Bulk storage facilities shall be allowed only
29 by special permit as specified in Section 4-722 ( B ) .
30 The fee for the special permit for bulk storage
31 facilities shall be the basic fee plus ten ( 10 )
32 dollars for each acre or fraction thereof due to
CITY OF RENTON
-2- Rev . G
•
1 the requisite of additional standards .
2 2 . The Planning Commission is designated as the
3 official agency of the City for the conduct
4 of public hearings ; and the Planning Department
5 is responsible for the general administration
6 and coordination . The Planning Department
7 shall establish administrative procedures , which
8 shall include , but are not limited to : prepar-
9 . ation of application forms ; determining completeness
10 and acceptance of application ; and establishment
11 of interdepartmental review routing procedures .
12 3 . The burden of proving that, the proposed bulk
13 facility complies with the standards setforth ,
14 in this section shall be on the applicant .
15 4 . The Planning Department shall be responsible
16 for determining whether an application is a
17 bulk storage facility as defined herein . Such
18 decision may be appealed to the City Council within
19 ten ( 10) calendar days after such determination upon
20 proper notice filed with the City Council .
21 3 . Height. The maximum height of all structures and bulk
22 storage of materials and products in stock piles shall
23 be forty ( 40) feet or that of the underlying . zone
24 whichever is more restrictive .
25 4 . Setbacks . All structures and bulk storage , except
26 security fences , opaque screens and signs shall be
27 located at least sixty ( 60) feet from all public
28 right-of-ways , wildlife habitat, public areas , _parks
29 and waterways which include , but is not limited to
30 rivers , lakes , streams and drainage channels . In all
31 other instances the setbacks shall be at least twenty
32 ( 20) feet from the property line .
•
CITY OF RENTON
•
•
PLANNING DEPARTMENT
,
' -3- Rev . G
1 5 . Landscaping . All bulk storage facilities shall be
2 completely surrounded by a landscaped berm and/or
3 screen that is at least eighty percent opaque with
4 landscaping of• a minimum width of twenty (20) feet
5 or to the top of the berm, whichever is the greater
6 setback . Such berm and/or screen shall be at least
7 twenty-five ( 25 ) percent as high as the structures
1 8 or bulk storage , whichever is higher , except that the
9 height. of the berm and/or screen shall not be less
10 than five (5 ) feet but not more than twelve ( 12 ) feet
11 in height . All areas between the property lines and
,12 the top of the berm and/or screen shall be landscaped ,
13 except that area which is used for ingress or egress .
14 When only an opaque screen with landscaping is constructed
15 the screen shall be setback at least twenty ( 20 ) feet
' 16 from the property line . A building wall may be the
17 required screen upon the approval of the Planning
18 , Department . Said berm shall be constructed. at a maximum
119 slope of two ( 2 ) feet horizontal to one ( 1 ) foot vertical .
20 The top of said berm shall be a flat surface of at
21 least (6 ) feet in width . A security fence which is
22 optional shall be placed no closer than the internal
23 side of the berm or the required setback , whichever
I •
24 is less . The landscape plan is to be prepared by a
25 licensed landscape architect and is to be approved
26 by the Planning Department . A performance bond for
27 one hundred fifty • ( 150 ) percent of the estimated cost
28 of maintenance of landscaping for a three ( 3 ) year
29 period is required prior to the issuance of a building
30 permit . The berm and/or the screen is to be landscaped
31 so as to minimize the. visual impact of the bulk
82 storage as viewed from the pedestrian level . A retaining
CITY OF RENTON
PLANNING DEPARTMENT
p
a •
-4-
1 wall may be substituted for the internal side of
2 the berm provided the retaining wall is approved by
3 a ' licensed engineer .
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8.
9
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CITY OF RENTON
PLANNING DEPARTMENT
•
Figure 4-734. 5-1(a)
LANDSCAPED BERM
........ ..............................:........
.................................................
.................................................
.................................................
.................................................
..................................................
..................................................
..................................................
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..................................................
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CITY OF RENTON GI
PLANNING DEPARTMENT
•
•
Figure 4-734.5-1(b)
LANDSCAPED BERM AND OPAQUE SCREEN
....................................................
•
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•
CITY OF RENTON
PLANNING DEPARTMENT G7
•
Figure 4-734.5-1(c)
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN •
.. \
MAXIMUM
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CITY OF RENTON •
PLANNING DEPARTMENT c)
, Figure 4-734.5-1(d) •
- OPAQUE SCREEN WITH LANDSCAPING
Xl U
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73
CITY OF RENTON
PLANNING DEPARTMENT G7
-9- Rev. G
1, 6 . Signs . The only identification signs permitted shall
2 be one ( 1) sign per street frontage that shall be
3 four ( 4) feet in height or less , with a maximum of
4 two (2) faces and no more than thirty ( 30) square
5 feet per face . Such signs may be illuminated by
6 external lights . Exit and entrance signs two ( 2)
7 square feet in area or less may be placed at street
8 entrances .
9 7 . Locational Criteria . The Planning Commission shall
10 review the impact of the proposed use to determine
11 whether it is compatible with the proposed site and
12 general area . The Planning Commission may require
13 any applicable Bulk Standard to be up to fifty ( 50)
14 percent more strict than specified to alleviate a
15 potential problem , providing it shall be shown :
16 1 . That because of special circumstances applicable
17 to subject property , including size , topography,
18 location or surroundings and special characteristics
19 applicable to subject facilities including height,
20 surface drainage , toxic substances , ,traffic and
21 access , sound , liquid waste , light and glare ,
22 odorants , flammable and explosive materials and
23 gaseous wastes ', the strict application of the
24 Zoning Code and Bulk Storage Regulations is found to
25 deprive neighboring properties of rights and
26 privileges enjoyed by other properties in the
27 vicinity and under identical zone classification ;
28 2 . That the application of more strict standards will
29 not be materially detrimental to the subject facility
30 and will maintain the full rights , privileges and
31 environment of neighboring properties .
32 3 . That the application of such modifications shall
CITY OF RENTON
PLANNING DEPARTMENT
-10- I ev . u
1 ' be supported by documented evidence of a clear
2 and compelling nature to justify such stricter
3 standards .
4 In the case of hardships affecting the subject property ,
5 variances to these Bulk Standards may be granted by
6 the Planning Commission subject to the conditions of
7 Section 4-731 (C ) (B ) .
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CITY Of RENTON
PLANNING DEPARTMENT
1
4
-A - 11-
1 8 . Surface Drainage .
2 The intent of this Standard is to protect property
3 from damage and loss due to flooding , erosion and
4 deposition caused by the adverse alteration of
6 natural drainage flow patterns and rates , and to
6 promote development practices which enhance the
7 quality , benefits and enjoyment of the natural
8 water courses .
9 1 . All property having a developmental coverage
10 totaling one thousand ( 1000) square feet or
11 more shall construct a drainage system
12 adequate to handle the peak discharge of
13 precipitation falling on the property during
14 a rain with a return period of fifty ( 50)
15 years . Such system shall not increase the
16 damage or loss to any property in the
17 drainage area due to flooding, erosion or
18 deposition .
19 2 . A drainage plan shall be approved by a
20 licensed engineer and submitted with the site
21 plan . The drainage
22 and site plans together shall identify all
23 areas to be serviced by the drainage system
24 and the source and type of all pollutants which
25 may enter the system.
26 3 . The water drained from any roof having a
27 gross area coverage of five hundred ( 500)
28 square feet or more shall be collected and
29 conducted into one or more ground water sumps
30 of a design and capacity as per § 4-734 . 8 . 7.
31 An overflow of one hundred ( 100 ) percent of the
' 32 collected roof flow shall be assumed for a
CITY OF RENTON
• PLANNING DEPARTMENT
- 12-
1 design input to the drainage system.
2 4 . The natural water' runoff from paved and
3 - unpaved surfaces used for driveways , vehicle
4 access , parking , loading of packaged goods ,
5 and any uncovered vehicle storage' area shall
6. be managed in order to retard the flow , deposit
7 silt , allow for the removal of pollutants , and
8 encourage ground water recharge when an
9 acceptable water quality exists .
10 5 . All water of either a natural source or added
11 by man contributing to surface runoff from
12 areas used for the outdoor storage of materials
13 in either their own containers or exposed and
14 those areas over which materials are trans -
15 ported by any method shall be serviced by an
16 isolable segment of the drainage system. The
17 - isolable segment shall incorporate a water
18 holding system if a product spillage would '
19 result in the pollution of natural waters .
20 The holding system shall be of sufficient cap-
21 acity to prevent any loss of polluted water
22 prior to treatment of the water for the removal
23 or neutralization of the harmful pollutants
24 or placement of the polluted water in containers
25, for disposal as chemical waste .
26 6 . All water released into any part of the
27 natural water system shall , comply with all
28 'rules , standards and compatibility require-
29 ments and those hereafter amended or promul -
30 gated by the Washington State Department of
31 Ecology or any successor department or agency
32 thereof . •
CITY OF RENTON
PLANNING DEPARTMENT
• 1
- 13-
1 7 . The drainage system elements required under
2 § 4-734 . 3 shall comply with the design and
3 specifications furnished by the City of
4 Renton Public Works Department . Larger and
5 more complex systems shall be designed by
6 a licensed engineer when required by the
7 • Public Works Department .
8 8 . The exposed ground surfaces used for and
9 immediately surrounding the outdoor storage of
10 materials in either their own containers or
11 e.xposed and those areas over which materials
12 are transported by any method or means shall
13 be made impervious to all liquids which may
14 result in the contamination of the underlying
15 soil . Contaminating liquids shall also include
16 those solid chemicals which are readily soluble
17 in water and may be transported into the
18 subsoil and ground water by dissolution in surface
19 water.
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32
CITY OF RENTON
PLANNING DEPARTMENT
tC�
Rev . E
1-4
-14-
1 9. Toxic Substances .
2 The intent of this Standard is to extend to the
3 general public basic precautions used in industry
4 dealing with the exposure of workers to toxic
5 materials . As a requisite to protecting the public
6 health and welfare , and especially as that public
7 includes the very young and other sensitive members ,
8 the environment should be kept free of unnecessary
9 concentrations of these toxic substances by using
10 the highest and best available technology in all
11 phases of manufacture and handling and by a sincere
12 commitment to- good housekeeping practices .
13 1 . The ambient air quality standards specified in
14 Regulation I of the Puget Sound Air Pollution .
15 Control Agency ( PSAPCA) shall apply to all air
16 contaminants specifically listed therein .
17 2 . Those toxic substances not specifically listed
- 18 in Regulation I of the PSAPCA, but released into
19 the ambient air shall be in accordance with the
20 fractional quantities set forth in §4-734 . 9 . 3 ,
21 §4-734 . 9. 4 and 4-734 . 9 . 5 and for those toxic
22 substances listed in the most current publication
. 23 entitled Threshold Limit Values , of the American
24 Conference of Governmental Industrial Hygienists
25 (ACGIH ) .
26 3. The concentration of a single toxic substance
27 measured in an air sample shall not exceed 1/50.
28 of the Threshold Limit Value or Ceiling "C" Limit
29 Value at the lot lines or 1/ 100 of the Threshold
30 Limit Value or Ceiling "C" Limit Value at the
31 1ot-district line .
32 CITY OF RENTON
PLANNING DEPARTMENT
-15- Rev . E
1 4 . The presence of two or more toxic substances in
2 an air sample shall be assumed to have a simple
3 additive combined effect in the absence of infor-
4 mation to •the contrary . That is , the values of
5 the different fractional concentrations for each
6 toxic substance present in the air sample shall add
7 up to less than the number one ( 1 ) . When the
8 fractional concentration of a toxic substance is
9 designated by F , for "n" different toxins , then
1®
Ftoxin 1 + Ftoxin 2 + " ' + Ftoxin n 1
11
12 otherwise the threshold level value for the
13 LL combination of toxic substance is exceeded .
14 5 . Those substances listed in Threshold Limit Values
15 as proven carcinogenic in man shall not exceed
16 1/50 of the threshold limit value at the lot lines
17 or 1/ 100 of the threshold limit value at the lot-
18 district lines , when a value is given . Such
19 carcinogenic substances having no listed
20 threshold limit value shall not be detectable
21 by the most sensitive method in air samples
22 taken at the lot or lot-district lines .
23 6 . The measurement of toxic substances shall be by
24 means of an air sample taken at ground level or
25 habitable elevation , and shall be the average of
26 any continuous twenty-four ( 24) hour sampling
27 period for threshold limit values or a one time
28 maximum concentration for ceiling "C" limit values .
29 7 . The samples shall be taken by a qualified person
30 and the concentrations of toxic substances shall
31 be measured in a certified laboratory or facility
32 at the request of the administrative official .
CITY OF RENTON
PANNING DEPARTMENT
Rev . D
-16-
1 _ 10 . Traffic and Access Control
2 The intent- of this Standard is to promote the safety
3 of travel on public streets in industrial areas
4 where dense and variable traffic flows cause additional
5 hazards to persons and property and to provide for
6 uninterruptable access to all properties and neigh-
7 bors of a potential major fire , emergency or hazard .
8 1 . All lots used by an industry of recognized
9 higher risk shall be served on at least two
10 sides by accesses dimensional equal to an •
11 industrual access street . Such accesses
12 shall be continuously open to City Departments
13 for clearing or repair at the owners expense .
• 14 2 . When on-site emergency access is required, for
15 fire or other emergency equipment , a through
16 route shall be provided -and maintained in a
17 free and open condition at all times , with an
18 exit from the lot different from the entrance
19 and separated by at least three hundred ( 300 )
20 feet when not on opposite sides of the lot .
21 3. A definitive traffic flow pattern shall be
22 provided on the property for all traffic , both
23 truck and automobile , such that all traffic
24 shall cross lot lines travelling in a forward
25 direction . Curb-cuts shall be kept to a
. 26 minimum in both number and width con-
27 sistent with the property traffic flow pattern .
28 4 . Necessary transportation between different parts
29 of the same building or complex of buildings
30 when located on one continuous lot shall, be by
31 private access routes , confined to the property
32 so as to not cause unnecessary congestion or
CITY O6 RENTON
PLANNING DEPARTMca4
db
-J - 17- Rev . G
1 hazards on public streets . Such on-site
2 access routes shall be located at a distance
3 of at least ten ( 10 ) feet , or on the property
4 side of any required planting strip , from all
5 pedestrian sidewalks . If no sidewalk is
6 provided , then to the edge of the public
7 right-of-way .
8 5 . Provisions shall be made for the separation
9 of parking of private automobiles from any
10 space or area used for manuevering , parking
11, or loading of any truck , vehicle or trailer
12 either while attached to or unattached from
13 any mover .
14 6 . Any fire or emergency access , including but
15 not limited to i4-734 . 10 . 2 -shall conform with
16 the recommendations of the Renton Fire
17 Department- and together with a traffic flow
18 pattern , when required , shall be clearly
' 19 defined on a site plan .
20 7 . Overpasses extending over a public right-of-
21 way shall be limited to pedestrian foot traffic
22 except that conduits for the transmission of
23 information may be included if concealed
24 within the primary structure of the overpass . .
25 The design , lighting and landscaping of such
26 structures shall clearly exhibit a high level
27 of aesthetic design and furthermore shall be
28 reviewed and approved by the Planning Department .
29
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31
CITY OF RENTON
32
PLANNING DEPARTMENT
Rev. D
-18-
1 8 . All on-site surfaces used for daily traffic
2 within the lot or as a part of the trafficrflow
3 pattern required in i4-734 . 10 . 3 shall be paved
4 and maintained in a good condition with an
5 asphalt surfacing , or its equivalent if approved
6 by the administrative official , to prevent the
7 generation of dust or the tracking of mud onto
8 public right-of-ways . -
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CITY OF RENTON
-19-
1 11 . Sound .
2 The intent of this Standard is to establish maximum
3 sound levels for industrial sources as received in
4 other properties of the same or different environ-
mental -use designation . This is accomplished-� g p by
6 implementing the sound level requirements of the
7 Washington Administrative Code (WAC ) , Chapter 173-60 ,
8 "Maximum Environmental Noise Levels " , as it applies
9 . - to industrial sources of sound and all sound •
10 , receptors .
11 1 . The classification of land-use environments
12 shall be as prescribed in WAC 173-60-030 . The
13 Classifications for Use Districts ( Zoning Codes )
14 of the City of Renton shall be assigned the
15 Environmental Designation for Noise Abatement
16 ( EDNA) Codes as follows :
17 EDNA Class A; S- 1 , G , GS- 1 , G-9600 , G-8400 ,
16 SR- 1 , G-7200 , G-6000 , R- 1
19 R-2 , SR-2 , R-3 , R-4 , T , P- 1
20 '
21 EDNA Class B ; B-P , B- 1
22 EDNA Class C ; L- 1 , M-P , H- 1
23 2 . The sound level shall be measured as the A-weight-
24 ed sound pressure level with a sound level meter
25 of Type 1 or Type 2 which conforms to the,
26 Specification ANSI S1 . 4- 1971 of the American
27 National Standards Institute . The sound level
28 values are the A-weighted sound level in decibels
29 (dB ) .
30 3: The location for measurement of sound levels shall
31 , be at any point within the receiving property .
32 , Enforcement shall be undertaken only upon receipt
CITY OF RENTON
ANNING DEPARTMENT
-20-
1 of a complaint made by a person who resides ,
2 owns property , or is employed in the area
3 affected by the complained of noise . Public
4 Districts including , but not limited to ,
5 parks , recreational areas , lake areas , green-
6 belts and wildlife -sanctuaries shall be moni -
7 tored by the administrative official .
8 4. . The sound level of an industrial (EDNA Class C )
9 sound source when measured in the prescribed
10 manner and location shall not exceed those
11 values given in Schedule 4-734 . 11- 1 . All
12 maximum sound level values for impulsive sounds
13 shall be reduced five ( 5 ) decibels when measured
14 with the A-weighted network .
15 5. The hours of lower sound levels in EDNA Class A
16 environments shall be extended for all hours
17 of the weekend , from midnight Friday to midnight
18 Sunday , and the following holidays , as officially
19 observed by the City of Renton : New Year ' s
20 Day , Washington ' s Birthday , Memorial Day ,
21 Independence Day , Labor Day , Veteran ' s Day ,
22 Thanksgiving Day and Christmas Day .
23 6 . Exemptions to sound requirements of this ordinance
24 shall be the same as those provided in
25 "Washington Administrative Code , " ,WAC 173-60-050 .
26
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32,
CITY OF RENTON
PLANNING DEPARTMENT
•
Rev . D
-21-
Schedule 4-734 . 11- 1
PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES
FROM EDNA CLASS C (INDUSTRIAL) SOURCE
EDNA CLASS MAXIMUM DURATION IN APPLICABLE
OF RECEPTOR SOUND LEVEL ANY ONE-HOUR HOURS3
(dB (A) ) , PERIOD (min )
A 60 Continually 7am - 10pm
A 65 15
A 70 5 1152
A 75 11 7am - l0pm
A 50 Continually 10pm - 7am
. A 55 15
A 60 51' 152
A 65 12 10pm - 7am
B 65 Continually All
B 70 15
6 75 5 1. 152
6 80 12 All
C 70 Continually All
C 75 15
C 80 5 1, 152
C 85 11 All
1 . Source : Chapter 173-60 , Washington Administrative Code
"Maximum Environmental Noise Levels " .
2. Total not to exceed 15 minutes in any one hour.
3 . The lower noise levels in EDNA Class A apply on all hours
of the weekends and holidays .
-22-
1 12 . Liquid Waste .
2 The intent of this Standard is to preserve and
3 enhance the quality of the environment and protect
4 the public health and welfare by preventing
5 the disposal of' liquid industrial wastes by
6 unacceptable' methods and in unapproved areas .
7 1 The discharge of all waterless liquid- waste
8 shall be subject to the conditions of §4-734 . 12 . 3
9 and/or disposed of by a liquid waste disposal
10 company .
11 2 . The discharge of any water containing liquid , gas
12 or solid wastes in solution and/or as a mixture
13 into any part of the natural water- system shall
14 comply with the standards and compatibility
15 requirements of the Washington State Department of
16 Ecology or any successor department or agency thereof.
17 The administrative official shall be supplied
18 with a true copy of any and all discharge permits
19 issued to the facility by the State of Washington
20 Department of Ecology . -\
21 3 . All wastes discharged into a sewerage system
22 shall comply with the applicable regulations
23 of the City of Renton and The Municipality of
24 Metropolitan Seattle Sewerage System governing
25 the control and disposal of industrial waste .
26 4 . All liquid wastes undisposable by treatment ,
27 after treatment , or by sewerage system shall
28 be , disposed of on a scheduled basis clearly
29 • related i'n both rate and magnitude with the
30 industrial process or source generating the waste :
31
32
CITY OF RENTON
�••, S.,, nGf S -5 CUT
•
Rev . D
-23-
•
5 . Upon the request of the administrative official"
2 the industry shall provide substantial proof of
3 having disposed of liquid waste , falling in the
4 categories of §4-734 . 12 . 4 equal to or greater
5 than eighty (80) percent in either volume or
6 weight of the amount generated during the previous
7 six ( 6 ) months of operation .
6 . The release of odorants or gaseous wastes
from liquid wastes awaiting disposal shall be
10 prevented by using adequate means of storage
11 and all other reasonable means necessary .
12 7 . Any treatment of liquid waste solely for the
13 purpose of disposal shall be permitted when
14 the ,generation of any solid or gaseous wastes
15 is adequately handled in compliance with these
16 Standards and all other rules and regulations
17 of state and regional agencies . Such treatment
18 shall employ the latest and best technology
19 and equipment currently available to industry .
20 Liquid waste shall include surface runoff waters
21 as per Section 4-734 . 8 when contaminated with
22 chemicals , oils or other toxic substances .
23
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CITY Of RENTON
-24-
•
•
1 13 . Light and Glare .
2 The intent of this Standard is to afford the
3 public the safety of adequate lighting while
4 avoiding unnecessary glare and exposure to
5 • excessive outdoor illumination which may create
6 a hazard or unreasonably interfere with the relaxation
7 and enjoyment of public open spaces , right-of-ways ,
8 and normal residential activities and pursuits .
9 1 . Illumination levels shall be measured with
10 a photoelectric photometer ( light-meter)
11 having a spectral response similar to that
12 of the human eye , following the standard
13 spectral luminous efficiency curve adopted
14 by the International Commission of Illumination .
15 2 . The illumination from all sources located on
16 a lot shall have the maximum value of eleven
17 .
( 11 ) lumens' per square meter outside of lot
18 lines and six .(6 ) lumens per square meter
19 outside the district line . In all cases of conflict
20 the district lines value shall apply .
21
22
23 3 . The intrinsic brightness of any source visible •
24 beyond the district lines shall have a maximum
25 value of fifty ( 50) candles per square centimeter .
26 4 . Intermittent , rotating or flashing lights of
27 an intrinsic brightness greater than two ( 2)
28 candles per square centimeter and with a
29 frequency greater than once in any five ( 5)
30 second time period shall not be visible beyond
31 district lines unless for the sole purpose of
32 alarm or giving warning .
CITY OF RENTON
PLANNING DEPARTMENT.
-25-
1 14 . Odorants . The intent of this Standard is to
2 prevent the occurance of certain offensive
3 odors in the environment by limiting the concen-
4 tration of chemical compounds which are known to
5 produce strong olfactory responses . This
6 Standard does not attempt to determine the
7 intrinsic or subjective good or bad qualities of
8 an odor , but only that the concentration of
9 specific constituent compounds are above adopted
10 values which have been accepted for the health
11 and well being of the general public .
12 1 . The concentration of specific compounds
13 listed in Schedule 4-734 . 14- 1 shall not
14 exceed the odor threshold values in two
15 consecutive air samples . Three air samples
16 are to be taken over a two ( 2 ) hour period ,
17 one sample each at the beginning and end
18 of the test period and one sample near the
19 time midway through the sample period . The
administrative official . May establish the
21 time of the sample period .
22 2 . The location for taking the three samples
23 shall remain fixed during the test period
24 and shall be at a point outside lot lines ,
\25 at ground level or habitable elevations
26 and a safe and reasonable place consistent
27 with the location of the reported violation .
28
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• CITY Of RENTON
PLANNING DEPARTMENT
Rev . E
-26-
1 3. Monitoring shall be undertaken only
2 upon receipt of a complaint made by a
3 person who resides , owns property , or is
4 employed in the area affected by the
5 complained of odors , unless the area
6 is designated as a public use area where-
7 upon all complaints will be accepted .
8 4 . When more than one concentration is
9 listed for a substance in these Standards ,
10 the more stringent shall apply .
11 5 . The samples shall be taken by a qualified
12 person and‘ the concentrations of odorants
13 shall be measured in a certified laboratory
14 - or facility at the request of the.
15 administrative official .
16 6 . Nothing in this Standard shall be construed
17 to impair any cause of action or legal
18 remedy therefor of any person , or the
19 public for injury or damages arising from
20 • the emission of any odorant in such place ,
21 manner or concentration as to constitute
22 air pollution or a common law nuisance .
23 '
24 •
25
26
27
28
29
30
31
32 -
CITY OF RENTON
ANNING DEPARTMENT
•
-27- Rev . G
Schedule 4-734 . 14-1
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD1
No . POLLUTANT
(PPm) (m9/m3 )
1 Acetone 320 770
2 Acrolein 15 35
3 Allyl disulphide 0 . 0001 0 . 00006
4 Allyl mercaptan 0 . 00005 0 . 00015
5 Ammonia 0 . 037 0 . 026
6 Amyl alcohol 10 35
7 Apiole 0. 0063 0 . 057
8 Benzene 60 180
9 i -Butanol 40 120
10 n-Butanol 11 33
11 i -Butylacetate 4 17
12 n-Butylacetate 7 35
13 n-Butylformate 17 70
14 hutyric acid 0 . 00028 0 . 000001
15 Camphor 16 100
16 Carbon disulphide 7 . 7 23
17 Carbontetrachloride 200 1260
18 Chlorine 0 . 01 0. 029
19 Diacetyl 0 . 025 0 . 088
20 1 , 2-Dichloroethane 110 450
21 Diethylketone 9 • 33
22 Dimethylamine 6 11
23 Dimethyl sulphide 0 . 02 0. 051
24 Dioxane 170 620
25 Ethanol 50 93
26 Ethylacetate 50 180
27 Ethyleneglycol 25 90
28 Ethyl mercaptan 0 . 000016 0 . 00004
29 Ethyl selenide 0 . 000062 0 . 00035
30 Ethyl selenomercaptan 0 . 0000018 0 . 000008
31 Ethyl sulphide 0 . 00025 0 . 00092
32 Heptane 220 930
33 Hydrogen selenide 3 10
34 Hydrogen sulphide 0 . 0011 0 . 0015
35 Iodoform 0 . 00037 0 . 0061
36 Ionone 0 . 000000059 0 . 00000046
37 Methanol 5900 7800
38 Methylacetate 200 550
39 Methylenechloride 150 550
40 Methylethylketone 25 80
41 Methylformate • 2000 5000
42 Methyleneglycol 60 190
43 Methyl - i -butylketone 8 32
44 Methyl mercaptan 0 . 0011 0 . 0022
45 1 Methylpropylketone ' 8 27
46 Octane • 150 710
47 1 Ozone 0 . 1 0 . 2
48 Phenol 3 12
49 i -Propanol 40 90
50 n-Propanol 30 80
•
-28- Rev . G
Schedule 4-734. 14- 1 (cont ' d )
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD1
No . POLLUTANT
(PPm) (m9/m3 )
51 i -Propylacetate 30 . 140
52 n-Propylacetate - 20 70
53 Propyl mercaptan - 0. 000075 0 . 00023
54 Pyridine 0 . 012 0. 04
55 Skatole 0 . 000000075 0 . 0000004
56 Sulphur dioxide 30 79
57 Tetrachloroethylene 50 320
58 Tetrahydrofuran 30 90
59 Toluene 40 140
60 1 , 1 , 1-Trichloroethane 400 2100
61 - Trichloroethylene 80 440
62 Trimethylamine 4 96
63 Valeric acid 0 . 00062 0 . 0026
64 Vanillin - 0 . 000000032 0 . 0000002
65. Xylene 20 100
1 ppm is parts per million at 20 ° C and 760 Torr
mg/m3 is milligrams per cubic meter
•
-29- Rev. G
1 15 . Flammable and Explosive Materials .
2 The intent of this Standard is to provide adequate
3 separation between flammable or explosive materials
4 and the neighboring properties and public areas ,
5 • total containment of all flammable , toxic and poll -
6 uting liquid materials , limits for the stored
7 ' quantity of flammable and explosive materials as
8 a function of property area , and all other
9 reasonable safety measures deemed necessary for
10 the protection of people , property , and the
11 environment from the threat and destruction of
12 fire and/or explosion , and to prevent encumbering
13 adjoining properties with burdens which are related
14 to the hazards of flammable and explosive materials .
15 1 . An industry shall not impose economic burdens
16 such as , but not limited to higher insurance rates
17 and/or operational limitations upon neighboring
18 facilities due to its location and hazardous
19 nature . All necessary modifications shall be made
20 to both such characteristics and the site plan
21 so aS to not impact neighboring facilities .
22 2 . An industry or facility storing for its own
23 use or redistribution any flammable , toxic or
24 polluting liquid of a capacity equal to or -
25 greater than the lesser of that quantity
26 sufficient to result in a flow across lot lines
27 . or a quantity of fifteen ( 15 ) cubic inches per
28 square foot of total lot area shall construct
29 a permanent continuous dyke surrounding all
30 buildings , structures and facilities which
31 could contribute to the flow. The capacity
32 of the dyked area shall be one hundred ( 100 )
•
CITY OF RENTON
PLANNING DEPARTMENT
-30- Rev . G
• percent of the maximum possible volume of
2 stored liquid and the top of the dyke shall
3 be at least one ( 1 ) foot above this liquid level .
4 The dyke shall be designed and constructed in
5 such a manner that there is no visible leakage
6 on or below any portion of the exterior dyke
7 surface which is below the level of the confined
8 liquid after a forty-eight (48 ) hour period ..
9 A report on a test of a typical dyke section
10 constructed to full scale shall be prepared by
11 a licensed engineer and submitted as proof of
12 the design .
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 '
31,
32 •
CITY OF RENTON
PLANNING DEPARTMENT
-31- Rev . G
••
2
3 •
4 •
5
•
7
8
9
10 3. The dyke shall be of earthen material with two
11 sloping sides and a maximum slope of two (2 )
12 feet of width to each one ( 1 ) foot of rise .
13 The top of the dyke shall be flat and of at least
14 six (6 ) feet in width . , The slopes of the dyke
15 shall extend to grade level without any vertical
16 cuts or retaining walls . The design of the dyke
17 , shall minimize the likelihood of damage by
18 major earthquakes whose epicenters are located in .
19 the Pacific Northwest . All ingress into and
20 egress from the inner side of the dyke shall be over
21 ' the dyke top . The _roadway shall be constructed
22 so as to not weaken the dyke or decrease its
23 resistance to earthquake damage . When the holding
24 dyke and landscaped berm are one and the same
25 structure no vertical cuts or retaining walls shall
26 be allowed in the common structure .
27 4 . On-site fire suppression systems shall be fully
28 automatic with manual overrides from at least two
29 locations outside the dyked area . The fire suppression
30 system shall be connected to Central Dispatch of the City of
31 Renton by means of a Remote Station Protective Signaling System,
32 in accordance with the specifications of the National Fire Code,
Volume 7, of the National Fire Protection Association.
CITY OF RENTON
PLANNING DEPARTMENT
• -32- ' Rev . G
•
2
3
4
5
6 5 . The manufacturie and/or storage of explosives or
7 blasting agents shall comply with the quantities
8 and locations setforth in Schedule 4-734 . 15- 1
9 as per type of explosive , quantity to be manu-
10 factured and/o'r stored and the distances from
11 the lot lines . The quantities are the maximum
12 amount that shall be allowed for any one company ,
13 facility or site . The stated distances are the
14 minimum that shall be allowed .
15 6 . The manufacture and/or storage of explosives ,
16 blasting agents and similar such substances shall
17 comply with all other conditions and regulations
18 setforth in Title 7 , Chapter 6 , " Explosives " of
19 ' the Revised and Compiled Ordinances of the City
20 of Renton and • in the "Washington State Explosives -
21 Act " , Chapter 70 . 74 of the Washington Administration
22 Code .
23 7 . Th.e latest and best technology and equipment shall
24 be used for the prevention of fires and explosions ,
25 for the detection of fires and other related
26 hazards , and for the protection of life and property
27 from fires , explosions and their related effects .
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-33-
1 8.. A holding dyke or wall required by the
2 Uniform Fire Code shall comply with
3 such Code requirements . - The dyke required
4 by the Uniform Fire Code and the dyke
5 required by the Bulk Regulations may be
6 identical when the Bulk Regulation dyke
7 is not common with the landscaped berm.
8 The dyke required by the Uniform Fire
g Code shall be setback at least fifty (50 )
10 feet in addition to the required yard set-
11 back . The fifty ( 50 ) feet shall be measured
12 from the setback to the toe of the dyke .
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 •
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
-34-
•
Schedule 4-734 : 15- 1 ,
QUANTITY AND DISTANCE FOR
EXPLOSIVE MATERIAL MANUFACTURE AND STORAGE
EXPLOSIVE QUANTITY DISTANCE FROM LOT LINES
. MATERIALI POUNDS POUNDS
OVER NOT OVER FEET
Explosive-Class A 0 , 5 280
- 0 5 280
Blasting
Agents 5 - 10 360
10 20 440
20 • 30 500 •
•
. Explosive 0 5 210
Class B and C . 5 10 270
10 20 330
20 30 380
30 40 420
40 50 450 .
•
1 Definition and classification as per "Washington State '
Explosive Act" , WAC 70 . 74 , as amended .by Chapter 72 ,
Laws of 1970 .
-35- Rev . G
1 16 . Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
3 generation of all air contaminants , to decrease the
4 annual emissions from stationary sources and all
5 related transfer operations on the site by controlling
6 land-use intensity and requiring the use of the latest
7 and best technology for the control of all air-borne
8 contaminants in order to achieve and maintain a health-
9 ful environment of clean air .
10 1 . Process methods and procedures currently available
11 - in industry which are known to cause fewer in
12 number and lesser quantities of air contaminants ,
13 shall be used in all cases . In addition the
14 latest and best technology and equipment shall
15 be used for the control and removal of all
16 air contaminants .
17 2 . Compliance with §4-734 . 16 . 1 does not relieve
18 the owner or operator of the facility of the
19 responsibility of meeting the requirements of
20 Regulation I of the Puget Sound Air Pollution
21 Control Agency .
22 3 . It shall be the responsibility of the developer
23 of the facility to ascertain the information
24 required in 4-734 . 16 . 1 and to report such
25 findings to the administrative official .
26 4 . The emission of specific substances into the air
27 shall be limited to the total annual and spatial
28 density , relative to land-use for each facility
29 as setforth in Schedule 4-734 . 16- 1 .
30
•
31
32
CITY OF RENTON
PLANNING DEPARTMENT
- 36 - Rev . G
1 5 . A facility shall be capable of achieving a
2 condition of near-zero discharge during an
3 alert or higher stage of a declared air pollu-
4 tion episode and shall employ all operational _
5 and technical means to reach the lowest
6 physically possible quantity of emissions
7 during the entire alert period . It shall be
8 the responsibility of the administrative official
9 to enforce a reduction in the process weight to
10 compl.y with this restriction .
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
1 6. All ground surfaces not included in developmental
2 coverage, left in an undisturbed condition of
3 natural flora , or required landscaping and which
4 may contribute to the amount of airborne particu-
5 late matter shall be suitably covered by , but not
6 limited to , hydroseeding with grass to prevent
7 the generation of dust . _
8 7 . All new facilities or expansion of existing facili -
9 ties , unless exempted by the limitations in
10 Schedule 4-734 . 16- 1 , shall provide an initial
11 report covering the emission of those specific
12 • substances listed in Schedule 4-734 . 16- 1 .° The
13 report shall cover the 'first three ( 3 ) months
14 of operation and shall be filed with the admini-
15 strative official within thirty. ( 30 ) days after
16 the end of the reporting period . The report shall
17 enumerate all sources by type or category contribu
18 ting ten ( 10 ) percent or more of the total emission
19 for each specific substance . The total of all sources
20 contributing less than ten ( 10 ) percent individually
21 may be grouped as one entry and if so shall specify
22 the number of sources included . The report shall
23 contain such 'information or analyses as will disclose
24 the reported values of the emissions which are or
25 may be discharged by such source . The report shall
26 be certified by a licensed engineer .
27 8. Each emission greater than twenty ( 20 ) percent of
28 the "annual weight per facility" or " spatial density " ,
29 computed on an annual basis , as reported in §4-734 , 16 . 7
30 shall be reported thereafter on a quarterly basis until
31 such time as the total weight of the specific emission
32 drops below and remains below the twenty ( 20 ) percent
CITY OF RENTON
PLANNING DEPARTMENT
- 38-
1 specified above . Such reports shall be due and
2 filed with the administrative official within
3 thirty (30 ) days after the end of the reporting
4 quarter. The beginning and ending dates of each
5 quarter shall be established by the administrative
6 official .
7 9 . Each facility subject to this Standard shall be
8 responsible for notifying the administrative official
9 of all new initial emissions of a substance listed
10 in Schedule 4-734 . 16- 1 and all increases ' in emissions
11 from new or old sources which will raise the
12 emissions of that specific substance for existing
13 sources , above the twenty ( 20 ) percent level
14 specified in §4-734 . 16 . 8 . Such notification
15 will be .in a report as per §4-734 , 16 . 7 .
15 10 . In addition to such reports as required in
17 §4-734 , 16 . 7 , 4-734 . 16 .8 and 4-734 . 16 . 9 , the
18 administrative official may designate and employ
19 a licensed engineer of his choice to make an
20 in-dependent study and report as to the type and
21 quantity of emissions which are or may be dis-
22 charged from the source . An engineer so designated
23 is authorized to enter and inspect any article ,
24 machine , equipment or ,contrivance. necessary to
25 make the inspection and report .
26
27
28
29
30
31
32
•
CITY OF RENTON
PLANNING DEPARTMENT
- 39-
1 11 . The site of bulk storage facilities emitting
2 any of those substances listed in Schedule
3 4-734 . 16-1 shall comply with the following
4 limitation on location . No new facility or
5 expansion of an existing facility shall be
6 permitted within five thousand C5000) feet
7 of existing bulk storage facilities if their
8 combined emission for any of the listed sub-
9 stances exceeds two (2) times the permitted
10 annual emission of the substance for a single
11 facility . The emissions of applicable existing
12 facilities shall be reduced as per ss4-734 .16 .12 .
13 12 . All existing bulk storage facilities on the
14 effective date of this ordinance and emitting
15 more than the maximum permitted emission of
16 any listed substance shall be assumed as
17 having the maximum permitted emission for the
18 purpose of calculating the locational density
19 of facilities as specified in § 4-734 ,16 . 11 .
20 . For the purpose of this Standard existing
21 bulk storage ,facilities shall include those
22 facilities for which substantial construction ,
23 other than site ,preparation , is in progress
24 and as determined by the administrative official .
25 13 . All existing facilities qualifying under § 4-734 .
26 16 . 12 shall comply with the emission standards
27 setforth in Schedule 4-734 . 16-1 within three (3 )
28 years of the effective date of this ordinance .
29 A one time extension of up to two (2) years may be
30 granted by the administrative official upon the
31 showing of good cause why compliance cannot be
32 achieved within the specified time period .
CITY OF RENTON
PLANNING DEPARTMENT
-40-
•
1 14'. All sources or points of emissions within
2 the lot lines shall be suitably controlled
3 by a reduction or recovery of emissions with
4 an overall efficiency of ninety (90 ) percent
5 or ,greater when compared to the uncontrolled
6 system and when the equipment and technology
7 are readily available . Sources and points
8 of emission shall include the carrier vehicle
9 and any transfer mechanism when actively
10 engaged to loading or unloading operations .
11 Control shall include , but is not limited to ;
12 vapor recovery systems for. volatile liquids
13 and hoods or fully enclosed buildings with
14 exhaust fans and filters or their equivalent
15 for transfer operations generating airborne
16 particulates . Such emission control shall
17 be required even though the emissions of
18 the bulk storage facility are below the
19 maximum permitted levels .
20
21
22
23
24
25
26
27
28
29
30 •
31
32
CITY OF RENTON
PLANNING DEPARTMENT
•
-4.1-
Schedule 4-734 . 16- 1
TOTAL ANNUAL EMISSION AND SPATIAL DENSITY
• OF SPECIFIC SUBSTANCES
MAXIMUM
MEASURED WEIGHT PER SPATIAL
SUBSTANCE AS FACILITY DENSITY/ LIMITATIONS
(Tons/Year) (Units/Acre )
Hydrocarbons Carbon 100 . 0 9 . 00 Tons None
Watervapor •
Sulfur Oxides
Nitrogen Dioxide
The annual emission per facility and
Carbon Monoxide spatial density shall be equivalent to
the allowable emissions and ambient
Photochemical air concentrations established in
Oxidants Regulation I of the Puget Sound Air
Pollution Control Agency .
Suspended
Particulates
' Arsenic
1.. Fractions of an acre shall be alloted an equivalent portion of
the emission and rounded out to the nearest significant figure
as shown in the table .
-42- Rev . G
1 SECTION II : •
2 Existing Section 4-702 ( Definitions ) of Title IV ( Building
3 Regulations ) of Ordinance No . 1628 entitled "Code of General
4 Ordinances of the 'City .of Renton" is hereby amended to add
5 the following definitions :
6
Sections 4-702 (25 ) through 4-702 ( 61) as added :
7
8 (25 ) "Administrative Official " : The individual ( s )
9 in the Developmental Services Division of the .
10 Public Works Department , or his designee , so
11 designated to administer the various Performance
12 Standards as set forth by ordinance .
13 ( 26 ) "Alert" : The lowest stage of an Air Pollution
14 Episode and declared by the Department of Ecology .
15 ( 27 ) "Blasting 'agent" : Any. material or mixture con-
16 sisting of a fuel and oxidizer , intended for
17 blasting , not otherwise classified as an explosive ,
18 and in which none of the ingredients are classified
19 as an explosive , provided that the finished product ,
20 as mixed and packaged for use or shipment , cannot
21 be detonated when confined by means of a No . 8,
22 test blasting cap .
23 ( 28) "Bulk Storage" : The holding or stockpiling on
24 land of materials and/or products according to
25 all the following five conditions ; ( 1 ) in a bulk
' 26 form or in bulk containers ; ( 2) under protective
27 cover to the essential exclusion of other uses
28 of the same space due to special fixtures or
29 exposed to . the elements ; ( 3) in sufficient numbers
30 quantities or spatial allocation of the site to
31 determine and rank such uses as the principal use
32 of the site ; ( 4) the major function is the
CITY OF RENTON
PLANNING DEPARTMENT
•
-43- Rev . G
1; 'collection and/or distribution of the materials
2 and/or products rather than processing ; and ( 5)
3 • the presence of fixed bulk containers or visible
4 stockpiles for a substantial period of a year.
5 A. Bulk storage facilities include , but are not
6 limited to :
7' 1 . Automobile holding and transfer depots .
8 2 . Concrete block and products storage and
9 manufacturing of when on the same site .
10 3 . Equipment or machine storage not in ware-
11 house .
12 4 . Fuel yards , wholesale .
13 5 . Grain or feed silos , elevators or the open
14 storage of grain and feed .
15 6 . Log , random cut and chipped wood by-products
16 storage .
17 7 . Sand and gravel yards including sizing ,
18 transfer and loading equipment when present.
19 8 . Scrap or junk yards and wrecking yards
20 including processing and handling equipment.
21 9 . Solid waste holding and disposal areas .
22 10 . Tank farms including distribution and loading
23 systems .
24 B . Bulk storage facilities include those industries
25 where at least forty ( 40 ) percent of the developed
26 area of the site is used for bulk storage , and
27 may include , but are not limited to :
28 1 . Brick or tile storage and manufacturing of .
29 2 . Contractor equipment yards .
30 3 . Foundries .
31 4 . Lumber mills and wholesalers .
32
CITY-OF RENTON
PLANNING DEPARTMENT
-44- Rev . G
1 C . Bulk storage facilities exclude :
2 1 . Land banks , greenbelts , watersheds or
3 public water reservoirs .
4 . 2 . Parking lots or structures for private
5 licensed automobiles . •
6 3 . Ship yards .
7 4 . Warehouses alone or in conjunction with
8 manufacturing on the site and when not
9 including any of the uses in §4-702( 28)A ,
10 listed above .
11
12
13
14
15
16
17
18
19
20
21
22 (29 ) " Capacity" : The volume of a liquid which could be
23 - retained within the dyked area without a breach of
24 the dyke at any point .
25 ( 30) " Ceiling " C" Limit Value" : A maximum concentration
26 of certain airborne materials which apply to the
27 conditions state in Threshold Limit Value and
28 adopted by ACGIH . .
29 (-31 ) "Certified" : A facility and staff qualified and
30 able to provide certain tests and measurements
31 relating to specific tasks and traceable to
S2 established standards .
CITY OF RENTON
PLANNING DEPARTMENT
-45-
1 ( 32 ) "Conduit" : A tube for pneumatic shuttles , a
2 pipe for coaxial cables , a waveguide , a closed
3 path for laser transmission , fiber optics , or
4 similar function .
5. ( 33 ) "Container" : A structure of any size made or
6 used solely to hold or enclose a specific sub-
7 stance .
8 (34 ) " Daily Traffic" : An average of at least one
9 motor vehicle crossing in one direction per
10 working day for any continuous thirty day period .
11 ( 35 ) " Developmental coverage" : All developed surface
12 areas within the subject property including ,
13 but not limited to buildings , paving , structures ,
14 • - areas covered by storage and altered or compacted
15 soils where the surface runoff is increased or
16 channelized .
17 ( 36 ) " District Line" : A boundary_ designating the
18 various use-districts or zones .
19. ( 37 ) "Drainage area " : The lands within a watershed
20 containing the subject property and potentially
21 active in the interchange of runoff water with the
222, property .
23, ( 38 ) " Drainage plan" : A design of the drainage system
24 including the essential information and calcu-
25 lations to provide th,e system performance .
26 ( 39 ) "Drainage system" : A system of collectors , catch
27 basins , sumps , holding ponds and the associated
28 culverts and ducting for the control of surface '
2% water as a result of precipitation on the property
30, and may include the channeling of pre-existing
31 natural flows across the property . ,
32
CITY OF RENTON
PLANNING DEPARTMENT
-46-
1 (40 ) " Explosive" : Any chemical compound or mechanical
2 mixture that i.s commonly used or intended for
•
3 the purpose of producing an explosion , that
4 contains any oxidizing and combustible units ,
5 . or other ingredients , in- such proportions ,
6 quantities or packing , that an ignition by
7 fire , by friction , by concussion , by percussion ,
8 or by detonation of any part of the compound
9 or mixture may cause such a sudden generation of
10 highly heated gasses that the resultant gaseous
11 pressures are capable of producing destructive
12 effects on contiguous objects or of destroying
13 - life or limb . In addition , the term "explosives "
14 • shall include all material which is classified
15 as Class A , Class B and Class C explosives by
16 •
the federal aepartment of transportation ; provided ,
17 that for the purposes of this definition small
18 arms ammunition and small arms ammunition primers
19 shall not be defined as explosives .
20 (41 ) . "Gross area coverage" : The area on a horizontal
21 plane •outlined by the vertical projection of the
22 roof edges .
23 (42 ) "Hazardous" : See " recognized higher risk" .
24 (43 ) " Impulsive Sound" : A sound of less than one ( 1 )
25 second duration , with an abrupt onset and rapid
26 decay and with a peak intensity of at least ten
27 ( 10 ) decibels , on the A-weighting network , greater
28 than the background sound. level . The background
29 sound level is the average of the range observed
30 for a five ( 5 ) minute period no more than one ( 1 )
31 hour prior to the measurement of the impulsive
32 sound.
CITY OF RENTON
PLANNING DEPARTMENT
-47-
1 (44) -" Industrial access" : A type or class of street
2, specified in the Renton Subdivision Ordinance ,
3 Section 9- 1108 . 7 , Table 1 (Minimum Standards for
4 Development) . •
5 (45 ) "Licensed" : An engineer holding a valid Washing-
6 ton State Professional Engineering License or
7 a professional person holding an appropriate
8 and valid Washington State License .
9
10
11 ( 46 ) "Lot-district lines " : The lot line of property
12 when it is congruent with the district line or
13 when the lot line and district line are so situated
14 that the lot line acts as the limit of development
15 for the zoned use , such as a street right-of-way
16 between the lot line and district line . Where
17 the district line is congruent with the City
18 Limits the zoning and use beyond the City Limits
19 shall be given the same consideration as the
20 City ' s zones .
21 (47 ) "Natural water system" : Any and all parts of
22 the hydrologic cycle independent of size and
23 residence time . The meaning includes "waters of
24 the state"' as defined in •RCW 90 . 48 . 020 .
25 (48 ) "Near-zero discharge" : The closest currently
26 possible approach to the ideal " zero-discharge" .
27 (49 ) "Neighboring facilities " : Those facilities which
28 share some common regional element of the natural
29 environment and includes more than adjacent or
30 nearby facilities .
31
32
CITY OF RENTON.
PLANNING DEPARTMENT
-48-
•
1 (50) • "Odor Threshold" : The concentration of an.
2 odorant in clean ambient air which is said
3 to produce an olfactory response in most people .
4 (51 ) "Peak discharge" : The maximum surface water
5 runoff rate determined by the precipitation
6 intensity and duration , and the surface properties .
7 ( 52 ) "Qualified" : A person who , by possession of a
8 recognized degree , certificate , or professional .
9 standing , or who by extensive knowledge , training
10 and experience , has successfully demonstrated his
11 ability to solve or resolve problems relating
12 • to the subject matter , the work , or the project .
13 ( 53 ) " Recognized higher risk" : An industry or activity
14' which is so classified by the Washington Surveying
15. and ,Rating Bureau' because of a greater loss
16 potential due to hazardous characteristics of the
17 product or process .
18 ( 54 ) "Return period" : When applied to rainfalls a
19 curve on the precipitation intensity-duration '
20 graph availabe through the National Weather Service .
21 . ' ( 55 ) " Roof" : Any cover made of a material or type of
22 construction so . as to be impervious to water and
23 erected so as to delineate a fixed volume over a
24 permanently defined location for shielding the
25 space underneath from the natural elements .
26 ( 56 ) "Threshold Limit Value (TLV ) " : The concentration
27 of certain airborne materials representing condi -
28 . tions under which it is believed and adopted by the
29 American Conference of Governmental Industrial
30 Hygienists (ACGIH ) , that nearly all workers may be
31 repeatedly exposed day after day without adverse.
32 effects .
CITY OF RENTON
PLANNING DEPARTMENT
-497 Rev . G
1 (57 ) • "Toxic substance" : Those materials listed and
2 documented by the American Conference of Govern-
3 mental Industrial Hygienists (ACGIH ) .
4 (58 ) "Visible leakage" : The leakage of a liquid in
5 sufficient quantity to form beads , rivulets , or
6 • trickles , but more than just a moistening of
7 the surface .
8 ( 59 ) "Warehouse" : A building entirely enclosed by a
9 roof and solid walls , except for windows and doors ,
10 and used to inclose and protect materials and goods .
11 The walls of such a building are not used to hold
12 or restrain goods in a bulk form.
13 (60 ) "Waste" : Any material , other than products not
14 having an immediate market and/or value , and/or
15 no further use or resource to the industry creating
16 such material .
17 (61 ) "Wildlife habitat" : An area officially recognized
18 and/or dedicated by the City , the State or Federal
19 Government for the propagation and benefit of
20 wildlife .
21
22
23
24
25 .
26
27
28
29
30
31 .
32
CITY OF RENTON
PLANNING DEPARTMENT
-50-
•
1 SECTION III :
2 This ordinance shall be effective from and after its
3 passage', approval and five ( 5 ) days after its publication ,
4 unless otherwise •provided for hereinabove .
5
6 PASSED BY THE CITY COUNCIL THIS day of 19
7
8
9
Delores Mead , City Clerk
10
11
12 APPROVED BY THE MAYOR THIS day of 19
13 .
14
15 Avery Garrett , Mayor
•
. 16 Approved as to form :
17
18 Gerard M. Shellan , City Attorney
19
20 Date of Publication
21 .
22
23
24 .
25
26
27
28
29
30
31
32
•
•
CITY OF RENTON •
PLANNING DEPARTMENT
PEUMII (-
SUBJECT TO REVISIOl`,
PROPOSED AMENDMENTS
TO THE FOURTH EDITION (JULY 14, 1975) OF. THE
PROPOSED BULK REGULATIONS WITH DEFINITIONS
AUGUST 4 , 1975
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT
CITY OF RENTON
PLANNING DEPARTMENT
- 1-
Rev . F
J
ORDINANCE NO .
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
ESTABLISHED AND CREATING REGULATIONS FOR BULK
STORAGE FACILITIES AND DEFINITIONS TO CLARIFY
CERTAIN TERMS IN THE "ZONING ORDINANCE" KNOWN
AS CHAPTER 7 OF TITLE IV ( BUILIDNG REGULATIONS )
1 OF ORDINANCE NO. 1628 KNOWN AS THE "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON . "
2
3 BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF RENTON , WASHINGTON , AS FOLLOWS :
4
5
6 SECTION I :
7 A new Section 4-734 ( Bulk Storage Facilities ) of Title IV
8 ( Building Regulations ) of Ordinance No . 1628 entitled "Code
9 of General Ordinances of the City of Renton" is hereby created
10 to read as follows :
11 Section 4-734 , Bulk Storage Facilities as Created :
12 4-734 Bulk Storage Facilities
13 1 . Intent. The intent of the regulation of bulk storage
14 facilities is to allow such facilities in a location
15 and manner so they are compatible with adjacent prop-
16 erties and beneficial to the City and in accordance
17 with the State Environmental Policy Act . It is further
18 the intent to insure that the safety , health , welfare ,
19 aesthetics and morale of the Community are maintained
20 at a high level . Due to the unique characteristics and
21 problems inherent in making bulk storage facilities
22 compatible with surrounding properties and environment ,
23 the City Council finds that special review of bulk storage
24 facilities is required to insure the intent of these
251 regulations . These reulations are to supplement and be
in addition to existing ordinances and code pXovisiQns .
26 2 . Special Permit and Administration .
27 1 . Bulk storage facilities shall be allowed only
28 by special permit as specified in Section 4-722 ( B ) .
29 The fee for the special permit for bulk storage
30 facilities shall be the basic fee plus ten ( 10 )
31 dollars for each acre or fraction thereof due to
32 the requisite of additional standards .
TON
•
ptANNCITY%NOfG DEPARENRTMENT
Rev . F
-3-
1
" 5 . Landscaping . All bulk storage facilities shall be
a
2 completely surrounded by a landscaped berm and/or
3 screen that is at least eighty percent opaque with
landscaping ofa minimum width of twenty
y (20) feet
5 or to the top of the berm , whichever is the greater
6 setback . Such berm and/or screen shall be at least
7 twenty-five y- ve (25 ) percent as high as the structures
81 or bulk storage , whichever is higher , except that the
j 9 height of the berm and/or screen shall not be less , •
10 than five (5 ) feet but not more than twelve ( 12 ) feet
11 in height. All areas between the property lines and '
12 1 the top of the berm and/or screen shall be landscaped ,
13 except that area which is used for ingress or egress .
14 When only an opaque screen with landscaping is constructed
15 the screen shall be setback at least twenty
(20 ) feet
16
from the property line .
115 Said berm shall be constructed at a maximum slope
16 of two (2 ) feet horizontal to one ( 1 ) foot vertical .
' 17 The top of said berm shall be a flat surface of at
18 least (6 ) feet in width . A security fence which is
119 optional shall be placed no closer than the internal
1
120 side of the berm or the required setback , whichever
21 is less . The . landscape plan is to be prepared by a
' 22 licensed landscape architect and is to be approved
1
23 by . the Planning Department. A performance bond for
[24 one hundred fifty ( 150 ) percent of the estimated cost
1
25 of maintenance of landscaping for a three ( 3 ) year
26 period is required prior to the issuance of a building
27 permit . The berm and/or the screen is to be landscaped
E28 so as to minimize the visual impact of the bulk
29 storage as viewed from the pedestrian level . A retain-
J30 ing wall may be substituted for the internal side of
31 the berm provided the retaining wall is approved by
32 a licensed engineer.
CITY OF RENTON
PLANNING DEPARTMENT
F .
1 r
Rev . F
-35-
1 A. Bulk Storage includes , but is not limited to :
2 1 . Sand and gravel yards including sizing
3 equipment .
4 2 . log , random cut and chipped wood by-
5 products storage .
6 3. Tank farms including loading and dis-
7 tributiFon systems .
8 4 . Grain and feed silos `or elevators .
9 5 . Automobile transfer yards .
110 6 . Scrap and junk yards including breaking ,
11 cutting and compaction equipment .
'12 7 . Solid waste disposal area .
'13 B . Bulk Storage excludes :
14 1 . Automobile parking lots .
15 2 . Warehouses when not including any of • the
16 uses in §4-702 (28 )A.
I
17
18
19 •
20 3 . Land banks , green belts , water sheds,
21 or public water reservoirs .
22 ( 29 ) "Capacity" : The volume of a liquid which could be
23 . retained within the dyked area without a breach of
24 the dyke at any point .
25 ( 30 ) "Ceiling "C" Limit Value" : A maximum concentra-
tion of certain airborne materials which apply to
27 the conditions stated in Threshold Limit Value and
1
28 - adopted by ACGIH .
129 • ( 31 ) "Certified" : A facility and staff qualified and
30 able to provide certain tests and measurements
31 relating to specific tasks and traceable to
I .
:32 established standards .
CITY OF RENTON
PLANNING DEPARTMENT
.
Rev . F
-40-
1 ( 57 ) "Toxic substance" : Those materials listed and
2 documented by the American Conference of Govern-
3 mental Industrial Hygienists (ACGIH ) .
4 ( 58 ) " Visible leakage" : The leakage of a liquid in
5 sufficient quantity to form beads , rivulets , or
6 trickles , but more than just a moistening of
7 the surface .
8 ( 59 ) "Warehouse" : A building entirely enclosed by a
9 roof and solid walls , except for windows and doors ,
10 and used to inclose and protect materials and goods.
11 .11m4o,figing to occsclf e-r to othc . Such building
12 shall not be used to confine materials and goods
13 in a bulk form.
14 ( 60 ) "Waste" : Any material , other than products not
15 having an immediate market and/or value , and/or
16 no further use or resource to the industry creating
17 such material .
18 ( 61 ) "Wildlife habitat" : An area officially recognized
19 and/or dedicated by the City , the State or Federal
20 Government for the propagation and benefit of
21 wildlife .
22
23
24
25
26
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
{
�; - 1- • Rev . F
—1
7 •
ORDINANCE NO . •
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON ,
ESTABLISHED AND CREATING REGULATIONS FOR BULK
STORAGE FACILITIES AND DEFINITIONS TO CLARIFY
CERTAIN TERMS IN THE "ZONING ORDINANCE" KNOWN
AS CHAPTER 7 OF TITLE ' I.V ( BUILIDNG REGULATIONS )
1 . OF ORDINANCE NO. 1628. KNOWN AS THE "CODE OF
' GENERAL ORDINANCES OF THE CITY OF RENTON . "
2
3 BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF RENTON , WASHINGTON ,' AS FOLLOWS :
1 4
5 .
6 SECTION. I : .
7 A new Section 4-734 ( Bulk Storage Facilities ) "of Title IV
• 8 ( Building Regulations ) . of Ordinance No . 1628 entitled "Code
9 of General Ordinances of the City of Renton" is hereby, created
10 to read as follows : '
11 Section 4-734 , Bulk Storage Facilities as Created :
12 4-734 'Bulk Storage Facilities
13 1 . Intent: The intent of the regulation of bulk storage
14 facilities is to allow such facilities in a location
• 15 and manner so they are compatible' with adjacent prop-
16 erties and beneficial to the City and in accordance
17 with the State Environmental Policy Act . It is further
18 the intent to insure that the safety , health , welfare ,
19 aesthetics and morale of the Community are maintained
20 at a high level . Due to the unique characteristics and
21 problems inherent in making bulk storage facilities
22 compatible with surrounding properties and environment ,
23 the City Council' finds that ‘special review of bulk storage
' 24 facilities is required to insure the intent of these
251 ' regulations . These repulations are to supplement and be
in addition to existing ordinances and code provisions .
26 2 . Special Permit and Administration . '
27 1 . Bulk storage facilities shall be allowed only
28 by special permit as specified in Section 4-7220) .
29 The fee for the special permit for bulk storage
30 facilities shall be the basic fee plus ten ( 10.)
31 dollars for each acre or fraction thereof due to •
32 the requisite of additional standards .
P ' r'%CITY OF RENTON •
'' f NNING DEPARTMENT
Rev . F
-3-
1 5 . Landscaping . All bulk storage facilities shall be
2 completely surrounded by a landscaped berm and/or
3 screen that is at least eighty percent opaque with
landscaping ofa minimum width oftwenty ( 20 ) feet
5 or to the top of the berm , whichever is the greater
6
setback . Such berm and/or screen shall be at least
7 twenty-five y- ve (25 ) .
) percent as high as the structures
81 or bulk storage , whichever is higher , except that the
9 height of the berm and/or screen shall not be less
10 than five ( 5 ) feet but not more than twelve ( 12 ) feet
11 in height. All areas between the property lines and
12I the top of " the berm and/or screen shall be landscaped ,
13 except that area which is used for ingress or egress .
14 When only an opaque screen with landscaping is constructed
15 the screen shall be setback at least twenty ( 20 ) feet
16 from the arooerty line .
15 Said berm shall be constructed at a maximum slope
16 of two ( 2 ) feet horizontal to one ( 1 ) foot vertical .
17 The top of said berm shall be a flat surface of at
18 least (6 ) feet in width . A security fence which is
19 optional shall be placed no closer than the internal
20 side of the berm or the required setback , whichever
21 is less . The landscape plan is to be prepared by a
22 licensed landscape architect and is to be approved
23 by the Planning Department . A performance bond for
24 one hundred fifty ( 150 ) percent of the estimated cost
25 of maintenance of landscaping for a three ( 3 ) year
26 period is required prior to the issuance of a building
27 permit . The berm and/or the screen is to be landscaped
28 so as to minimize the visual impact of the bulk
29 storage as viewed from the pedestrian level . A retain-
30 ing wall may be substituted for the internal side of
31 the berm provided the retaining wall is approved by
32 a licensed engineer .
CITY OF RENTON
PLANNING DEPARTMENT
Rev . F
-35-
1 A. Bulk Storage includes , but is not limited to.:
2 1 . Sand and gravel yards including sizing
3 equipment .
4 2 . log , random cut and chipped wood by-
5 products storage .
6 3. . Tank farms including loading and dis-
7 tribution systems .
8 . 4 . Grain and feed silos or elevators .
9 5 . Automobile transfer yards .
' 10 . 6 . Scrap and junk yards including breaking ,
11 .cutting and compaction equipment .
112 7 . Solid waste disposal area .
' 13 B . Bulk Storage excludes :
1
: 14 1 . Automobile parking lots .
15 2 . Warehouses when not including any of the
16 uses in §4-702 (28 )A.
17
18
19
20 - 3 . Land banks , green belts , water sheds ,
21 or public water reservoirs .
22 ( 29 ) "Capacity" : The volume of a liquid which could be
23 retained within the dyked area without a breach of
24 the dyke at any point .
25 ( 30 ) "Ceiling "C" Limit Value" : A maximum concentra-
26 tion of certain airborne materials which apply to
27 the conditions stated in Threshold Limit Value and
28 adopted by ACGIH . -
29 ( 31 ) "Certified" : A facility and staff qualified and
30 able to provide certain tests and measurements
31 relating to specific tasks and traceable to
32 established standards .
CITY Of RENTON
PLANNING DEPARTMENT
ti
Rev . F
-40-
1 (57 ) "Toxic substance" : Those materials listed and
2 documented by the American Conference of Govern-
3 mental Industrial Hygienists (ACGIH ) .
4 (58 ) "Visible leakage" : . The leakage of a liquid in
5 sufficient quantity to form beads , rivulets , or
6 trickles , but more than just a moistening of
7 the surface .
8 (59 ) "Warehouse" : A building entirely enclosed by a
9 roof and solid walls , except for windows and doors ,
10 and used to inclose and protect materials and goods
11 belonging to oneself or to others . Such building
12 - shall not be used to confine materials and goods
13 in a bulk form.
14 (60 ) "Waste" : Any material , other than products not
15 having an immediate market and/or value , and/or
16 no further use or resource to the industry creating
17 such material .
18 ( 61 ) "Wildlife habitat" : An area officially recognized
19 and/or dedicated by the City , the State or Federal
10 Government for the propagation and benefit of
21 wildlife .
22
23
24
25
26
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
� .. i
11,
•
1 THE CITY OF RENTON
n , MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
ch
0/3 ko AVERY GARRETT, MAYOR • PLANNING DEPARTMENT
�Q 235 - 2550
Io��lfDSEPN��O July 30 , 1975
MEMORANDUM .
TO : . All Recipients -
FROM: Planning Department
SUBJECT: Amendments requested by the Community .
Services Committee for the Proposed
Bulk Regulations ( July 14 , 1975 Edition) .
.
The attached pages are amendments requested by the
Community Services Committee of the City Council at
its July 29 , 1975 meeting . Amendments are noted in •
the left hand margin by a black vertical line and
are underlined .
A comparison of the lines on the July 14 edition
( blue cover) and the proposed amendments of July
28 (yellow cover) will show the specific changes
made . .
These amendments will be discussed at the August 4 , '
1975 City Council meeting . .
PROPOSED AMENDMENTS
TO THE FOURTH EDITION OF THE
PROPOSED BULK REGULATION WITH DEFINITIONS
JULY 30, 1975
REQUESTED BY THE CITY COUNCIL
COMMUNITY SERVICES COMMITTEE AT
ITS JULY 29 , 1975 MEETING
CITY OF RENTON
PLANNING DEPARTMENT
•
11,
Rev , E .
-2-
1 2 . The Planning Commission is designated as the
2 official agency of the City for the conduct
3 of public hearings ; and the Planning Department
4 is responsible for the general administration
5 and coordination . The Planning Department
6 shall establish administrative procedures , which
7 shall include , but are not limited to : prepay'-
8 ation of application forms ; determining complet-
9 ness and acceptance of application ; and
10 establishment of interdepartmental review
11 routing procedures .
12 3 . The burden of proving that the proposed bulk
13 facility complies with the standards setforth
14 in this section shall be on the applicant.
15 3. Height . The maximum height of all structures and
16 bulk storage of raw materials in stock piles shall be
17 forty (40 ) feet or that of the underlying zone whichever
18 is more restrictive .
19 , 4 . Setbacks . All structures and bulk storage , except
20 security fences and signs shall be located at least •
21 sixty ( 60 ) - feet from all public right-of-ways , wildlife
22 habitat , public areas , parks and waterways which include ,
23 but is not limited to rivers , lakes , streams and drainage
24 channels . In all other instances the setbacks shall be
25 I at least twenty ( 20) feet from the property line .
26 '
27
28
29
30
31
32
CITY Of RENTOf
PLANNING DEP f MENT
•
FIGURE 4-734._5- 1 (a) -
LANDSCAPED BERM
...............................••••.•••••••.••••••
.......................... ._________
„„„,„iiiictvev,--iiiiii
•
•
........... .
. ....
............. ............ •"••••••••••••••••••
................................. "•••
........... •••••••••••••••••••••••
.•....................... •••••••••••••••••
.„„„.„„„„„::::::::::...;:::::„.:::::::.::::::::„::„„ MIP�(IMOM •
... :: :
3,„„,,-,.,.,-,:..„,„,.„!,iiiwr. 4:7,1
H -
4,.
.. . .
.............. ........
.................................................""••••••
. .
.... ..................... . •••••••."
.................
fo'MINiMOM ,.
Wlc,F, r.
......................... .".".""."".
_...
•
.. 1I
Z•i41
"..".".."....•.."..•."..•."...L".•;..
2•I
I14( SIDE D.L S►
RictT-c3i;-wad
ial
.,___________..
CITY Of RENTON
PLANNING DEPARTMENT rrI
•
• FIGURE 4-734 . 5- 1 ( b) •
LANDSCAPED BERM AND OPAQUE SCREEN .
•
•
.......... ......................................
.................................................
..................................................
.............................................. ...
..................................................
..................................................
............................................... ..
NEIEtir � .
. Rrr r Pet,u 1oR
—
•
•
b'Aft►I•tueAtJW► ` .
w��N —. <
................................:........ ...
I 1
gM .
•
•
CD,
CITY OF RENTON '
PLANNING DEPARTMENT
m
FIGURE 4-734 . 5- 1 (c )
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN
.......... :::::::::::::::::::::::::::::::::
::::::::::::::::::::::::::::::::::::,:::::::::::::.
....................................... ...........
.................................................
.......................................... ........
................................................ .
.................................................. . .
::::::::::::::::::::::::::::::::::::::::::::::.:::::
.............................................,„„„,„„„„„,„.„„„„„,„„„„„„„„,.:,,
AN�CIMUM............................... .............. .
40'
1
curer I OF 01
:: :: : �
...............................
W'`vMIN1MuM ` i ,,
� mF TAP r• •
t <<
................................................. ..
TIVINVANC,
Wlku• 1
i i
VOef
CD
CITY OF RENTON
PUNNING DEPARTMENT ti-i
•
Rev. E. .
- 12-
•
1 9, Toxic -Substances .
2 The intent of this Standard is to extend to the
1
3 •' general public basic precautions used in industry
4 dealing with the exposure of workers to toxic
5 materials . As a requisite to protecting the. public
6 health and welfare , and especially as that public
7 includes the very young and other sensitive members ,
8 the environment should be kept free of unnecessary
9 concentrations of these toxic substances by using
10 the highest and best available technology in all.
11 phases of manufacture and handling and by a sincere'
12 commitment to good housekeeping practices .
13 I . The ambient air quality standards specified in
14. Regulation I of the Puget Sound Air Pollution •
15 Control Agency (PSAPCA.) shall apply to all air ,
16 contaminants specifically listed. therein .
17. 2. Those toxic substances not specifically listed
18 in Regulation I of the PSAPCA, but released into
. 19 the ambient air shall be in accordance with the
' 20 fractional quantities set , forth in §4-734 . 9. 3 ,
' 21 §4-734 . 9 . 4 and 4-734 . 9 . 5 and for those toxic
,22' substances listed in the most current publication
23. entitled Threshold Limit Values , of the American
24 Conference of Governmental Industrial Hygienists
25 (ACGIH ) .
26 3. The concentration of a single toxic substance
27 measured in an air sample shall not exceed 1/50
28 ' of the Threshold Limit Value or Ceiling "C" Limit
29 value at the lot lines or 1/ 100 of the Threshold
30 Limit Value or Ceiling "C" Limit Value at the
31 1ot-district line .
COY Of RENTON
PLANNING DEPARTMENT
- 13-
Rev . E
1 4 . .The presence of two or more toxic substances in .
2 an air sample shall be assumed to have a simple
3 additive combined effect in the absence of infor-
4 mation to the contrary. That is , the values of
5 the different fractional concentrations for each
6 toxic substance present in the air sample shall add
7 up to less than the number one ( 1 ) . When the
8 fractional concentration of a toxic substance is
9 designated by F , for "n" different toxins , then
10
Ftoxin 1 + Ftoxin 2 " ' Ftoxin n 1
11 -
12 otherwise the threshold level value for the
13 combination of toxic substance is exceeded .
14 5 . Those substances listed in Threshold Limit Values
15 as proven carcinogenic in man shall not exceed
16 1/50 of the threshold limit value at the lot lines
17 or 1/ 100 of the threshold limit value at the lot-
18 district lines , when a value is given . Such
19 carcinogenic substances having no listed
20 threshold limit value shall not be detectable
21 by the most sensitive method in air samples
22 taken at the lot or lot-district lines .
23 6 . The measurement of toxic substances shall be by
24 means of an air sample taken at ground level or
25 habitable elevation , and shall be the average of
26 any continuous twenty-four ( 24) hour sampling
27 period for threshold limit values or a one time
28_ maximum concentration for ceiling "C" limit values .
29 7 . The samples shall be taken by a qualified person
30 and the concentrations of toxic substances shall
31 be measured in a certified laboratory or facility
32 at the request of the administrative official .
CITY Of RENTON
PLANNING DEPARTMENT
•
Rev. E
-24-
1 3. Monitoring shall be undertaken only
2 upon receipt of a complaint made by a
3 person who resides , owns property , or is
4 employed in the area affected by the
complained of odors , unless the area
•
' 6 is designated as a public use area where-
7 upon all complaints will be accepted .
8 4. When more than one concentration is
9 listed for a substance in these Standards ,
10 the more stringent shall apply .
11 5 . The samples shall be taken by a qualified
12 person and the concentrations of odorants
13 - shall be measured in a certified laboratory
14 or facility at the request of the
15 administrative official .
16 6. Nothing in this Standard shall be construed
17 to impair any cause of action or legal
.8 remedy therefor of any person , or the
19 oublic for injury or damages arising from
20 the gmission of any odorant in such place ,
21 manner or concentration as to constitute
22 air pollution or a common law nuisance .
23
24
25 .
26
27
28
29
30
31
CITY OF RENTON
32 PLANNING DEPARTMENT
Rev. E
-30-
1 16. Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
3 generation of all air contaminants , to decrease the
4 annual emissions from stationary sources by controlling
5 land-use intensity and requiring the use of the latest
6 and best technology for the control of all air-borne
7 contaminants in order to achieve and maintain a health-
8 ful environment of clean air.
9 1 . Process methods and procedures currently available
10 in industry which are known to cause fewer in
11 number and lesser quantities of air contaminants ,
12 I shall be used in all cases . In addition
13 the latest and best technology and equipment
14 shall be used for the control and removal of
15 all air contaminants .
16 2 . Compliance with s§4-734 . 16 . 1 does not relieve
17 the owner or operator of the facility of the
18 responsibility of meeting the requirements of
19 Regulation I of the Puget Sound Air Pollution
Control Agency .
21 3 . It shall be the responsibility of the developer
22 of the facility to ascertain the information
23I required in §4-734 . 16 . 1 and to report such
24 findings to the administrative official .
25 4. The emission of specific substances into the air
26 shall be limited to the total annual and spatial
27 density , relative to land-use , for each facility
28 as setforth in Schedule 4-734 . 16- 1 .
29
30
31
•
CITY OF RENTON
32 PLANNING DEPARTMENT
• • \ cam
I -30.1
1 5 . A facility shall be capable of achieving a
2 condition of near-zero discharge during periods
3 of an air pollution Alert and shall employ all
4 operational and technical means to reach the
5 lowest physically possible quantity of emissions
6 during the entire alert period. It shall be the
7 responsibility of the administrative official
8 to enforce a reduction in the process weight to
g comply with this restriction .
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 CITY O4 RENTON
PLANNING DEPARTMENT
Rev . E
-35-
1 A. Bulk Storage includes , but is not limited to :
2 1 . Sand and gravel yards including sizing
3 equipment .
4 2 . log , random cut and chipped wood by-
5 products storage .
6 3 . Tank farms including loading and dis-
7 tribution systems .
8 4 . Grain and feed silos or elevators .
9 5 . Automobile transfer yards .
10 6 . Scrap and junk yards including breaking ,
11 cutting and compaction equipment .
12 7 . Solid waste disposal area .
13 8 . The storage of raw materials and/or
14 finished goods in conjunction with their
15 manufacture and use on the site ; and
16 when the area designated and/or used
17 for such storage is sixty-five (65)
18 percent or more of that floor area
•
19 enclosed in a building actively engaged
20 in such manufacturing . The areas shall be
21 determined by the Planning Department .
22 B . Bulk Storage excludes :
23 1 . Automobile parking lots .
24 2 . Land banks , green belts , water sheds , or
25 public water reservoirs .
26 ( 29) " Capacity" : The volume of a liquid which could be
retained within the dyked area without a breach of
84 the dyke at any point .
28 ( 30) "Ceiling " C" Limit Value" : A maximum concentration
of certain airborne materials which apply to the
29 conditions stated in Threshold Limit Value and
adopted by ACGIH .
30
( 31) " Certified" : A facility and staff qualified and
31 able to provide certain tests and measurements
relating to specific tasks and traceable to
32 established standards .
CITY OF RENTON
PLANNING DEPARTMENT
•
•
C 1.. THE CITY OF RENTON
2 8 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
O� AVERYGARRETT, MAYOR • PLANNING DEPARTMENT
A Ql
o �� 235 - 2550
j �4TFDSEP1.E�O July 30 , 1975
MEMORANDUM
•
TO : ' All Recipients
FROM: Planning Department
SUBJECT: Amendments requested by the Community
Services Committee for the Proposed
Bulk Regulations (July 14 , 1975 Edition ) .
The attached pages are amendments requested by the
Community Services Committee of the City Council at
its July 29 , 1975 meeting . Amendments are noted in
the —left hand margin by a black vertical line and
are underlined . -
A comparison of the lines on the July 14 edition
( blue cover) and the proposed amendments of July
28 (yellow cover) will show the specific changes.
made .
These amendments will be discussed at the August 4 ,
1975 City Council meeting .
PROPOSED AMENDMENTS
TO THE FOURTH. EDITION OF THE
PROPOSED BULK REGULATION WITH DEFINITIONS
JULY 30 , 1975
i
REQUESTED BY THE CITY COUNCIL
COMMUNITY SERVICES COMMITTEE AT
ITS JULY 29 , 1975 MEETING
CITY OF RENTON
PLANNING DEPARTMENT
'%, ,. i '•,;�. .;`. . ' , ; .' . " , , . ., , , •t • .� , '' ' . ',' , ' Rev . E
•
•
•
1
2 . The .Planning, Commission is . designated 'es the
2 official agency of the City for the conduct
. 3 ' of public hearings ;. and the Planning Department
4 , is responsible for the general administration .
5 , and' coordination . The. Planning Department.
6 '. shall establish ,administrative. procedures , which
. 7 , . • shal l-Ancl ude;' bu.t are not limited to : , prepar-
ation of application forms ;, determining complet-
9 ness and acceptance of application ; and
10 . ' ' . establishment of interdepartmental review
11 ' „ ' routing ,procedures . ,
12 3. ' The burden of proving '. that the proposed bulk
13 facility complies with the , standards setforth '
14" i n• this' section shall be 'on the applicant.
15 3. Height. The' maximum height 'of all 'structures and
16 bulk storage of raw materials ' in 'stock piles ' shall be •
' 17 . 'forty (40) feet 'or that of the underlying zone whichever
18 is more restrictive .
19 4 . Setbacks . All structures and bulk storage , except
20 security fences and signs shall be located at least
• 21 sixty ( 60 ) feet from all' public right-of-ways , wildlife
22 habitat , public areas , parks and waterways which include ,
23 - but' is not limited to rivers , lakes , streams and drainage
24 ' channels .. In, all other instances the setbacks shall be
25 I at least twenty ( 20) feet from the property line .
26
27 ,
28
29
30 ,
31 '
38
.
CITY OF RENTON
PLANNING DEPARTMENT
FIGURE 4-734. 5- 1 (a )
LANDSCAPED BERM
.... ..................
......-....pCVt;� :::::::
iiiiiii
MMIMUM
HEK�-
...........................................................
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(p'MINIMUM
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21
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iltimelltee.T
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CITY OF RENTON
PUNNING DEPARTMENT m
•
•
•
•
•
FIGURE 4-734 . 5- 1 ( b)
LANDSCAPED BERM AND OPAQUE SCREEN
.................................................
VELopyittzr
.................................................
..................................................
.................................................
..................................................
..................................................
.............................................. ..
..................................................
..................................................
................................................ ..
...................................................
................................................ ..
...................................................
...................................................
..................................................
................................................... .
...................................................
...................................................
............................................... .
mmem
..................................................
NElci'r"
•
ClUrP4tMag. LACCATION
i T t1CR
xr
6'M14111k1LWr4 •
.....................
2:l 2:l 61.0ft
....................::
1
cf
rb
CITY Of RENTON
PLANNING DEPARTMENT
m
•
FIGURE 4-734 . 5- 1 ( c )
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN
_______________
:::::::::::::::::::::::::::::::::::
...............
..............................................: HElair
...................... ............... .....
40'
Ic iTiT T l.rA"C + aF
............................................
lm'MIthMWA •
. wwrt-1 er7P ' .
T'rr t. • :r rl''1 1 1,.
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m
CITY OF RENTON
PLANNING DEPARTMENT m
Rev. E
- 12-
I .
1 9. . Toxic .Substances .
2 The intent of this Standard is to extend to the
3 general public basic precautions used in industry
4 dealing with the exposure of workers to toxic
5 materials . As a requisite to protecting the public
6 health and welfare , and especially as that public
7 includes the very young and other sensitive members ,
8 the environment should be kept free of unnecessary
9. concentrations of these toxic substances by using
10 the highest and best available technology in all
11 phases of manufacture and handling and by a sincere
12 commitment to good housekeeping practices .
13 1 . The ambient air quality standards specified in ,
14 Regulation I of the Puget Sound Air Pollution
15 Control Agency ( PSAPCA) shall apply to all air .
16 contaminants specifically listed therein .
17 2. Those toxic substances not specifically listed
18 in Regulation I of the PSAPCA, but released into
19 the ambient air shall be in accordance with the
20 fractional quantities set forth in §4-734 . 9. 3 ,
21 §4-734 . 9 . 4 and 4- 734 . 9 . 5 and for those toxic
22 substances listed in the most current publication
. 123- entitled Threshold Limit . Values , of the American
24 Conference of Governmental Industrial Hygienists
. al
- 25 (ACGIH ) .
26 3 . The concentration of a single toxic substance
• 27 measured in an air sample shall not exceed 1/50
28 of the Threshold Limit Value or Ceiling "C" Limit
29 value at the lot lines or 1/ 100 of the Threshold
30 Limit Value or Ceiling "C" Limit Value at the
31 lot-district line .
•
32
CITY OF RENTON
f PLANNING DEPARTMENT
• I
- 13-
Rev . E
1 4 . .The presence of two or more toxic substances in
2 an air sample shall be assumed to have a simple
3 additive combined effect in the absence of infor-
4 mation to the contrary. That is , the values of
5 the different fractional concentrations for each
6 toxic substance present in the air sample shall add
7 up to less than the number one ( 1 ) . When the
8 fractional concentration of a toxic substance is
9 designated by F , for "n" different toxins , then
10
toxin 1 + toxin 2 + " . . + toxin n 1
11
112 otherwise the threshold level value for the
13 combination of toxic substance is exceeded .
14 5 . Those substances listed in Threshold Limit Values
15 as proven carcinogenic in man shall not exceed
16 1/50 of the threshold limit value at the lot lines
17 or 1/ 100 of the threshold limit value at the lot-
18 district lines , when a value is given . Such
19 carcinogenic substances having no listed
20 threshold limit value shall not be detectable
21 by the most sensitive method in air samples
22 taken at the lot or lot-district lines .
23 6 . The measurement of toxic substances shall be by
24 means of an air sample taken at ground level or
25 habitable elevation , and shall be the average of
26 any continuous twenty-four ( 24) hour sampling
27 period for threshold limit values or a one time
28 maximum concentration for ceiling "c" limit values .
29 7 . The samples shall be taken by a qualified person
30 and the concentrations of toxic substances shall
31 be measured in a certified laboratory or facility
32 at the request of the administrative official .
CITY OF RENTON
PLANNING DEPARTMENT
Rev. E
-24-
1
1 3. Monitoring shall be undertaken only
!,2 upon receipt of a complaint made by a
j3 person who resides , owns property , or is
4 employed in the area affected by the
15 complained of odors , unless the area
6 - is designated as a public use area where-
j7 upon all complaints will be accepted .
8 ' 4. When, more than one concentration is
19 listed for a substance in these Standards ,
10 the more stringent shall apply.
11 5 . The samples shall be taken by a qualified
12 person and the concentrations of odorants
13 shall be measured in a - certified laboratory
14 or facility ,at the request of the
15. administrative official .
16 6 . Nothing in this Standard shall be construed
17 to impair any cause of action or legal
18 remedl therefor of any person , or the
19 public for injury or damages arising from
20 the emission of any odorant in such place ,
21 manner or concentration as to constitute
22 air .Tollution or a common law nuisance .
23
24
25
26
27
28
29 - -
30 -
31
CITY Of RENTON
32 PLANNING DEPARTMENT
•
•
Rev. E
-30-
1 16. Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
' 3 generation of all air contaminants , to decrease the
4 annual emissions from stationary sources by controlling
5 land-use intensity and requiring the use of the latest
' 6 and best technology for the control of all air-borne
7 contaminants in 'order to achieve and maintain a health-
8 ful environment of clean air.
9 1. Process methods and procedures currently available .
10 in industry which are known to cause fewer in
11 number and lesser quantities of air contaminants ,
12 I shall be used in all cases . . In addition
13 ' the latest and best technology and equipment
14 shall be used for the control and removal of
-15 all air contaminants .
16 2 . Compliance with §4-734 . 16 . 1 does not relieve
17 the owner or operator of the facility of the
18 responsibility of meeting_ the re_quirements of
19 Regulation I of the Puget Sound Air Pollution
20'a , Control Agency .
21 3 . It shall be the responsibility of the developer
22 • of the facility to ascertain the information
23 I required in §4-734 . 16 . 1 and to report such
24 findings to the' administrative official .
25 4. The emission of specific substances into the air
26 shall be limited to the total annual and spatial
27 density , relative to land-use , for each facility
28 as setforth in Schedule 4-734. 16- 1 . ,
[ 29
30
31
CITY OF RENTON
32 PLANNING DEPARTMENT
-30.1
1 5 . A facility shall be capable of achieving a
2 condition of near-zero discharge during periods
3 of an air pollution Alert and shall employ all
4 operational and technical means to reach the
5 lowest physically possible quantity of emissions
6 during the entire alert period. It shall be the
7 responsibility of the administrative official
8 to enforce a reduction in the process weight _to
9 comply with this restriction .
10
11 _
12
13
14
15
16
17 .
18
19
20
21
22
23
24
25
26
' 27
28
29
30 .
31
32 CITY Of RENTON
PLANNING DEPARTMENT
Rev . E
-35-
•
1 A. Bulk Storage includes , but is not limited to :
2 1 . Sand and gravel yards including sizing
3 equipment.
4 2 . log , random cut and chipped wood by-
5 , products storage .
6 3. Tank farms including loading and dis-
7 tribution systems .
8 4 . Grain and feed silos or elevators .
9 5 . Automobile transfer yards .
10 6 . Scrap and junk yards including breaking ,
11 cutting and compaction equipment .
12 7 . Solid waste disposal area .
13 8 . The storage of raw materials and/or
14 finished goods in conjunction with their
15 manufacture and use on the site ; and
16 when the area designated and/or used
17 for such storage is sixty-five (65)
18 percent or more of that floor area
19 enclosed in a building actively engaged
20 in such manufacturing . The areas shall be
21 determined by the Planning Department .
22 B . Bulk Storage excludes :
23 1 . Automobile parking lots .
24 2 . Land banks , green belts , water sheds , or
25 public water reservoirs .
26 ( 29) "Capacity" : The volume of a liquid which could be
retained within the dyked area without a breach of
24 the dyke at any point .
28 ( 30) " Ceiling " C" Limit Value" : A maximum concentration
of certain airborne materials which apply to the
29 conditions stated in Threshold Limit Value and
adopted by ACGIH .
30
( 31) " Certified" : A facility and staff qualified and
31 able to provide certain tests and measurements
relating to specific tasks and traceable to
32 established standards .
CITY O6 RENTON
PLANNING DEPARTMENT
1 THE CITY OF RENTON
n
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
0 AVERY GARRETT, MAYOR • PLANNING DEPARTMENT
AQ �co'
235 - 2550
94TECSEP1C' July 30 , 1975
MEMORANDUM 2t:r32sz7428�9°
TO : All Recipients V� �,
FROM: Planning Department '47Nla '
WO
SUBJECT: Amendments requested by the Community
Services Committee for the Proposed
Bulk Regulations ( July 14 , 1975 Edition ) .
The attached pages are amendments requested by the
Community Services Committee of the City Council at
its July 29 , 1975 meeting . Amendments are noted in
the left hand margin by a black vertical line and
are underlined .
A comparison of the lines on th'e July 14 edition
( blue cover) and the proposed amendments of July
28 (yellow co-ver) will show the specific changes
made .
These amendments will be discussed at the August 4 ,
1975 City Council meeting .
PRELIMINARY
-\ SUBJECT TO REVISIOR
PROPOSED AMENDMENTS
TO THE FOURTH EDITION OF THE
PROPOSED BULK REGULATION WITH DEFINITIONS
JULY 30 , 1975
REQUESTED BY THE CITY COUNCIL
COMMUNITY SERVICES COMMITTEE AT
ITS JULY 29 , 1975 MEETING
CITY OF RENTON
PLANNING DEPARTMENT
•
Rev . E
•
• -2-
•
•
1 2 .. • The Planning Commission •is designated as the
2 official agency of the City for the conduct
3 'of public hearings ; and the Planning Department
• 4 is responsible for the general administration
5 and coordination . The Planning Department
6 shall establish administrative procedures, which
7 shall include , but are nat limited to : prepar-
8 ation of application forms ; determining complet-
9 ness and acceptance of application ; and
10 establishment of interdepartmental review
11 routing procedures . .
12 3. The burden of proving that the proposed bulk
13 facility complies with the standards setforth
14 in this section shall be on the applicant.
15 3. Height. The maximum height of all structures and
16 bulk storage of raw materials in stock piles shall be
17 . forty (40 ) feet or that of the underlying zone whichever
)
18 is more restrictive .
19 4 . Setbacks . All structures and bulk storage , except
20 security fences and signs shall be located at least
21 sixty .( 60 ) feet from all public right-of-ways , wildlife
22 habitat , public areas ; parks and waterways which include ,
23 but is not limited to rivers , lakes , streams and drainage
24 channels . In all other instances the setbacks shall be
25 I at least twenty ( 20) feet from the property line .
26
27
28 .
29
30 •
31 -
32 •
- CITY Of RENTON
PLANNING DEPARTMENT
,.s
•
FIGURE 4-734. 5- 1 (-a )
LANDSCAPED BERM
,„,„,„,,,,,6r,
.......
:::::::
....................
• •
. ......... ................
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.... ................. .
......................................................
.................::::::::::::::::::::::„,„„,„,,„::::: tV (IMOM
..........................H:.:.i ::
k
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t } I
.................
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J
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.:;
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INITt144k..s... 'Sty*. enr41,14,1.- e.,,,,.
MC.le Or
CD
CITY OF RENTON
PLANNING DEPARTMENT rri
FIGURE 4-734 . 5- 1 (b)
LANDSCAPED BERM AND OPAQUE SCREEN
.................................................
.................................................
.................................................
.................................................
............. ............................. ....
.................................................
.................................................
.................................................
............................................... .
Hetetir
i
PJo�
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NittsaNitim
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.............................................
2:1 f -2.% er
Air .41
.St•
repA
CD
CITY OF RENTON
PLANNING DEPARTMENT
FIGURE 4-734. 5- 1 (c )
. LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN
•
.� IMl�1
I1EI6NT
40'
0u1 i or
-00.31cury k4O/c
..........................................
70vo'‘,71.1:1MerdX475.Tertit
.................
•
............................. .
AdFltt�C� ,.`. AritEfEr
�a
Vaeg,er
R CP-gym(
rD
CITY OF RENTON
PLANNING DEPARTMENT
.
Rev. E
-12-
1 9. Toxic -Substances .
2 The intent of this Standard is to extend to the
3 general public basic precautions used in industry
4 dealing with the exposure of workers to toxic
5 materials . As a requisite to protecting the public
' 6 health and welfare , and especially as that public
' 7 includes the very young and other sensitive members ,
8 the environment should be kept free of unnecessary
9 . concentrations of these toxic substances by using
10 the highest and best available technology in all
11 phases of manufacture and handling and by a sincere
12 commitment to good housekeeping practices .
13 1 . The ambient air quality standards specified in
14 Regulation I of the Puget Sound Air Pollution
• 15 Control Agency (PSAPCA) shall apply to all air
16 contaminants specifically listed therein .
' 17. 2. Those toxic substances not specifically listed
18 in Regulation I of the PSAPCA, but released into
19 the ambient air shall be in accordance with the -
20 ' fractional quantities set forth in §4-734 . 9. 3 ,
: 21 V V§4-734 . 9. 4 and 4-734 . 9 . 5 and for those toxic
22 substances listed in the most current publication
123. entitled Threshold Limit Values , of the American
24 Conference of Governmental Industrial Hygienists
'25 (ACGIH ) .
26 3. The concentration of a single toxic substance
27 measured in an air sample shall not exceed 1/50
28 of the Threshold Limit Value or Ceiling "C" Limit
29 Value at the lot lines or 1/ 100 of the Threshold
13O Limit Value or Ceiling "C" Limit Value at the
31 1ot-district line .
• '32
CI1`f OF RENTON
PLANNING DEPARTMENT
- 13-
Rev . E
1 4. -The presence of two or more toxic substances in
2 an air sample shall be assumed to have a simple
3 additive combined effect in the absence of infor-
4 mation to the contrary. That is , the values of
5 the different fractional concentrations for each
6 toxic substance present in the air sample shall add
7 up to less than the number one ( 1 ) . When the
8 fractional concentration of a toxic substance is
9 designated by F , for "n" different toxins , then
10
Ftoxin 1 + Ftoxin 2 + " " + Ftoxin n 1
11
12 otherwise the threshold level value for the
113 combination of toxic substance is exceeded .
l4 5 . Those substances listed in Threshold Limit Values
:15 as proven carcinogenic in man shall not exceed
16 ' 1/50 of the 'threshold limit value at the lot lines
or 1/ 100 of the threshold limit value at the lot-
:18 district lines , when a value is given . Such
19 carcinogenic substances having no listed
20 threshold limit value shall not be detectable
,21 by the most sensitive , method in air samples
1
22 taken at the lot or lot-district lines .
23 6 . The measurement of toxic substances shall be by
24 means of an air sample taken at ground level or
25 habitable elevation , and shall be the average of
26 any continuous twenty-four ( 24) hour sampling
127 period for threshold limit values or a one time
128 maximum concentration for ceiling "C" limit values .
129 7 . The samples shall be taken by a qualified person
30 and the concentrations of toxic substances shall ,
31 be measured in a certified laboratory or facility
32 at the request of the administrative official .
CITY OF RENTON
PLANNING DEPARTMENT
j ,
Rev. E
-24-
, 1 3. Monitoring shall be undertaken only
2 upon receipt of a complaint made by a
3 person who resides , owns property , or is
4 employed in the area affected by the
5 complained of odors , unless the area
{ 6 is designated as a public use area - where-
7 upon all complaints will be accepted .
8 4 . When more than- one concentration is
9 listed for a substance in these Standards ,
10 the more stringent shall apply .
11 5 . . The samples shall be taken by a qualified
12 person and the concentrations of odorants
13 shall be measured in a certified laboratory
14 or facility at the request of the
15 administrative official .
16 6. Nothing in. this Standard shall be construed
17 to impair any cause of action or legal
18 remedy therefor of any person , or the
19 public for injury or damages arising from
20 the emission of any odorant in such pjace,
21 manner or concentration as to constitute
22 . air jlollution or a common law nuisance .
;3
24 .
25
26
27
1
28
29
30
31
CITY OF RENTON
32 PLANNING DEPARTMENT
•
Rev'. E
-30-
1 16. Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
3 generation of all air contaminants , to decrease the
4 annual emissions from stationary, sources by controlling
5 land-use intensity and requiring the use of the latest
• 6 and best technology for the control of all air-borne
7 contaminants in order to achieve and •mai.ntain a health-
8 ful environment of clean air.
9 1. Process methods and procedures currently available
10 in industry which are known to cause fewer in
11 number and lesser quantities of ' air contaminants ,
12 shall be used in all cases . In addition
13 the latest and best technology and equipment
14 shall be used for the control and removal of
•15 all air contaminants .
16 2 . Compliance with i4-734 . 16 . 1 does not relieve
17 the owner or operator of the faci.l i ty of the
18 responsibility of meeting_ the requirements of
19 Regulation I of the Puget Sound Air Pollution
Control Agency . •
! 21 3 . It shall be the responsibility of the developer
22 of the facility to ascertain the information
23I .. - required in §4-734 . 16 . 1 and to report such
24 findings to the administrative official . •
25 4. The emission of specific substances, into the air
26 shall be limited to the total annual and spatial
27 density , relative to land-use , for each facility
26 as setforth in Schedule . 4-734. 16- 1 .
29
30
31
CITY Of RENTON'
32 PLANNING DEPARTMENT
-30.1
1 5 . A facility shall be capable of achieving a
2 condition of near-zero discharge during periods
3 of an air pollution Alert and shall employ all
4 operational and technical means to reach the
5 lowest physically possible quantity of emissions
6 during the entire alert period. It shall be the
7 responsibility of the administrative official
8 to enforce a reduction in the process weight to
9 comply with this restriction .
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 CITY Of RENTON
PLANNING DEPARTMENT
Rev . E
-35-
1 A. Bulk Storage includes , but is not limited to :
2 1 . Sand and gravel yards including sizing
3 equipment .
4 2 . log , random cut and chipped wood by-
5 products storage .
6 • 3 . Tank farms including loading and dis-
7 tribution systems .
8 4 . Grain and feed silos or elevators .
9 5 . Automobile transfer yards .
10 6 . Scrap and junk yards including breaking ,
11 cutting and compaction equipment .
12 7 . Solid waste disposal area .
13 8 . The storage of raw materials and/or
14 finished goods in conjunction with their
15 manufacture and use on the site ; and
16 when the area designated and/or used
17 for such storage is sixty-five (65)
18 percent or more of that floor area
19 enclosed in a building actively engaged
20 in such manufacturing . The areas shall be
21 determined by the Planning Department .
22 B . Bulk Storage excludes :
23 1 . Automobile parking lots .
24 2 . Land banks , green belts , water sheds , or
25 public water reservoirs .
26 ( 29) " Capacity" : The volume of a liquid which could be
retained within the dyked area without a breach of
27 the dyke at any point .
28 ( 30) " Ceiling " C" Limit Value" : A maximum concentration
of certain airborne materials which apply to the
29 conditions stated in Threshold Limit Value and
adopted by ACGIH .
30
( 31) " Certified" : A facility and staff qualified and
31 able to provide certain tests and measurements
relating to specific tasks and traceable to
32 established standards .
CITY OF RENTON
PLANNING DEPARTMENT
THE CITY OF RENTON
n o8 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
o� AVERY GARRETT, MAYOR ® PLANNING DEPARTMENT
o 42- 235 - 2550
�ATc0 SEP1-01'3' July 21 , 1975
MEMORANDUM
TO : All Recipients
•
FROM: Planning Department .
SUBJECT: Incorporation of Amended Pages
•
The pages in the "Proposed Amendments to the
Fourth Edition (July 14 , 1975 ) of the Proposed
Bulk Regulations with Definitions" (yellow
cover) are to submitted and added to the
"Proposed Bulk Regulations with Definitions"
(blue cover) . The lines which have been
amended or added are indicated by a black-
line adjacent to the line numbers in the
left-hand margin . A comparison of the
indicated lines on the duplicate pages will
show the specific changes which were made .
PRE1.114 4PAN
SUBJECT TO REVISION
PROPOSED AMENDMENTS
TO THE FOURTH EDITION (JULY 14, 1975) OF THE
PROPOSED BULK REGULATIONS WITH DEFINITIONS,
JULY 18 , 1975
RECOMMENDED FOR ADOPTION
BY THE PLANNING DEPARTMENT
CITY OF RENTON
PLANNING DEPARTMENT
TABLE OF CONTENTS Rev . D
SECTION TOPIC PAGE
1 Definitions (Continued)
2 4-702(39) Drainage System 36
3 4-702(40) Explosive 37•
4 4-702(41) Gross Area Coverage . 37
5 4-702 (42) Hazardous 37
6 4-702 (43) Impulsive Sound 3.7
7 4-702(44) • Industrial Access 38
8 4-702(45) Licensed 38
9 4-702(46) Lot-District Lines 38
10 4-702 (47 ) Natural Water System 38
11 4-702 (48) Near-Zero Discharge 38
12 4-702 (49) Neighboring Facilities 38
' 13 4-702 (50) Odor Threshold 39
14 4-702 (51 ) Peak Discharge 39
15 4-702 (52 ) Qualified 39
16 4-702(53) Recognized Higher Risk . . 39 .
17 4-702(54) Return Period 39
18 4-702 (55 ) Roof 39
19 4-702(56 ) Threshold Limit Value 39
' 20 4-702 (57 ) Toxic Substance 40
21 4-702 (58 ) Visible Leakage 40
' 22 4-702(59) Waste 40
23 1 4-702 (60 ) Wildlife Habitat 40
24 • .
r
25
2
27
28
29
30
31
32 •
.
CITY Of RENTON
- PLANNING DEPARTMENT
,, -4-2
y �
Rev . D
-2-
1 2 . The Planning Commission is designated as the
2 official agency of the City for the conduct
3 of public hearings ; and the Planning Department
4 is responsible for the general administration
5 and coordination . The Planning Department
6 shall establish administrative procedures , which
7 shall include , but are not limited to : prepar-
8 ation of application forms ; determining complet-
9 ness and acceptance of application ; and
10 establishment of interdepartmental review
11 routing procedures .
12 3 . The burden of proving that the proposed bulk
13 facility complies with the standards setforth
14 in this section shall be on the applicant .
15 3 . Height . The maximum height of all structures and
16 bulk storage of raw materials in stock piles shall be
17 forty ( 40 ) feet or that of the underlying zone whichever
18 is more restrictive .
19 4 . Setbacks . All structures and bulk storage , except
20 security fences and signs shall be located at least
21 I sixty ( 60 ) feet from all public right-of-ways , wildlife
22 habitat , public areas , parks and waterways which include ,
23 but is not limited to rivers , lakes , streams and drainage
24 channels . In all other instances the setbacks shall be
25 twenty ( 20 ) feet from the property line .
26
27
28
29
30
31
CITY OF RENTON
32 PLANNING DEPARTMENT
jev. 0
-3-
1 5 . Landscaping. All bulk storage facilities shall be
2 completely surrounded by a landscaped berm and/or
3 a screen with landscaping that is a minimum of eighty.
4 (80 ) percent opaque as indicated in Figure 4-734. 5-1 .
5 Such berm and/or. screen shall be at least twenty-five
6 (25 ) percent as high as the structures or bulk
7 storage , whichever is higher . The height of the
8 berm and/or screen shall not be less than five (5 )
9 feet but' not more than twelve ( 12 ) feet in height.
10 All areas between the property lines and the berm
11 and/or screen shall be landscaped , except that. area
12 which is used for ingress or egress . When only an
13 opaque screen with landscaping is constructed the
14 1 screen shall be setback according to Section 4-734. 4 .
15 Said berm shall be constructed at a maximum slope
16 of two (2 ) feet horizontal to one ( 1 ) foot vertical .
17 The top of said berm shall be a flat surface of at
18 least (6 ) feet in width. A security fence which is
19 optional shall be placed no closer than the internal
20 side of the berm or the required setback , whichever
21 is less . The landscape plan is to be prepared by a
22 licensed landscape architect and is to be approved
23 by the Planning Department. A performance bond for
24 one hundred fifty ( 150) percent of the estimated - cost
25 of maintenance of landscaping for a three ( 3) year
26 period is required prior to the issuance of, a building
27 permit. The berm and/or the screen is to be landscaped
28 so as to minimize the visual impact of the bulk
29 storage as viewed from the pedestrian level . A retain-
® ing wall may be substituted for the internal side of,
31 the berm provided the retaining wall is approved by
-32 a licensed engineer.
CITY of RENTON
PLANNING DEPARTMENT
- . • ,
- .
. .
, • .
. .
. .
. . _
, FIGURE 4-734. 5- 1 (a )
. .
, .
LANDSCAPED BERM . .
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• . cry. Of RENTON . .
PLANNING DEPARTMENT - CV
. . .
. . . . . ,
FIGURE 4-734. 5- 1 ( b)
LANDSCAPED BERM AND OPAQUE SCREEN
spa
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CITY OF RENTON
PLANNING DEPARTMENT
v
l
FIGURE 4-734 . 5- 1 (c )
•
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN '
-----"\--- . •
\ • eal'0415,sT
tad b PA / e!
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• 7J
CITY OF U JTON
PLANNING DEPARTMENN •
• O
FIGURE 4-734. 5-1 (d) ' . .
•
OPAQUE SCREEN WITH LANDSCAPING .
.. ..........••••••.....................
•
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. .
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::::":„,:::::::„,::::::„„,:„„„,„„,, .
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1 •
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< •O
• PLANNING DIPARTMENT
v
Rev . D
-14-
1 10. Traffic and Access Control
2 The intent of this Standard is to promote the safety
3 of travel on public streets in industrial areas
4 where dense and variable traffic' flows cause additional
5 hazards to persons and property and to provide for
' 6 uninterruptable access to all properties and neigh-
7 bors of a potential major fire , emergency or hazard.
8 1. All lots used by an industry of recognized
9 higher risk shall be served on at least two
10 sides by accesses dimensional equal to an
11 industrual access street. Such accesses
12 shall be continuously open to City Departments
13 for clearing or repair at the owners expense.
' 14 2. When on-site emergency access is required for
15 fire or other emergency equipment , a through
16 route shall be provided and maintained in a
17 free and open condition at all times , with an
18 exit from the lot different from the entrance
19 and separated by at least three hundred ( 300 )
20 feet when not on opposite sides of the lot .
21 - 3. A definitive traffic flow pattern shall be
22 provided on the property for all traffic , both
23 truck and automobile , such that all traffic
24 shall cross lot lines travelling in a forward
25 direction . Curb-cuts shall be kept to a
26 minimum in both number and width con-
27 sistent with the property traffic flow pattern .
28 4. Necessary transportation between different parts
29 of the same building or complex of buildings
30 when located on one continuous lot shall be by
31 'private access routes , confined to the property
32 so as to not cause unnecessary congestion or
CITY Of RENTON
PLANNING DEPARTMENT
Rev. D
- 16-
1 .9. All on-sitesurfaces used for daily traffic
2 within the lot or as a part of the traffic flow
3 1 pattern required in $4-734. 10 . 3 shall be paved
4 and maintained in a good condition with an
5 asphalt surfacing, or its equivalent if approved
6 by the administrative official , to prevent the
7 generation of dust or the tracking of mud onto
8 public right-of-ways .
9
10
11
12
13
. 14
15
16
17
i .
1� .
20
21
22
23
24
25
26
27
28
29
30
31 •
32
CITY OF RENTON
PLANNING DEPARTMENT
Rev . D
- 19-
•
Schedule 4-734 . 11- 1
PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES
FROM EDNA CLASS C (INDUSTRIAL) SOURCE
EDNA CLASS MAXIMUM DURATION IN APPLICABLE
OF RECEPTOR SOUND LEVEL1 ANY ONE-HOUR HOURS3
(dB (A) ) PERIOD (min )
A 60 Continually 7am '- 10pm
A . 65 15
A 70 5 1152
A 75 1' 7am - 10pm
A 50 Continually 10pm 7am
. A 551 15
A 60 5 / 152
A 65 11/2 10pm - 7am
B 65 Continually All
B 70 15
B 75 5 152
B 80 12 All
C 70 Continually All
C 75 15
C 80 5 1152
C , 85 11 All
•
1 . Source : Chapter 173-60 , Washington Administrative Code
"Maximum Environmental Noise Levels " .
2. Total not to exceed 15 minutes in any one hour.
3. The lower noise levels in EDNA Class A apply on all hours
of the weekends and holidays .
•
Rev . 0
-21-
1 5 . Upon the request of the administrative official
2 the industry shall provide substantial proof of
3 having disposed of liquid waste , falling in the
4 categories of §4-734. 12 . 4 equal to or greater
5 than eighty (80 ) percent in either volume or
6 weight of the amount generated during the previous
7 six (6) months of operation ,
8 6 . The release of odorants or gaseous wastes
9 from liquid wastes awaiting disposal shall be
10 prevented by using adequate means of storage
11 and all other reasonable means necessary .
12 7 . Any treatment of liquid waste solely for the
13 purpose of disposal shall be permitted when
14 the generation of any solid or gaseous wastes
15 is adequately handled in compliance with these
16 Standards and all other rules and regulations
17 of state and regional agencies . Such treatment
18 shall employ the latest and best technology
19 and equipment currently available to industry .
20 Liquid waste shall include surface runoff waters
21 as per Section 4-734 . 8 when contaminated with
22 chemicals , oils or other toxic substances .
23
24
25
26
27
28
29
30
31 CITY OF RENTON
PLANNING DEPARTMENT
32
Rev . D
-25-
Schedule 4-734 . 14- 1
ODORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD1
No . POLLUTANT
( PPm) (mg/m3 ) .
1 Acetone 320 , 770
2 Acrolein 15 4 35
3 Allyl disulphide 1 x 10-5 6 x 10-5-4
4 Allyl mercaptan 5 x 10 1 . 5 x 10-2
5 Ammonia • 3 . 7 x 10-2 2 . 6 x 10
6 Amyl alcohol 10 3 35 2
7 Apiole 6. 3 x 10- 5 . 7 x 10-
8 Benzene 60 180
9 i -Butanol 40 120
10 n-Butanol 11 33
11 i -Butylacetate 4 17
' 12 n-Butylacetate 7 35
13 n-Butylformate 17 70 6
14 Butyric acid 2 . 8 x 10-4 1 x 10-
15 Camphor 16 100
16 Carbon disulphide 7 . 7 23
17. Carbontetrachloride 200 1260 2
18 Chlorine 1 x 10-2-2 2 . 9 x 10-2
19 Diacetyl 2 . 5 x 10 8. 8 x 10
20 1 , 2-Dichloroethane 110 450
21 Diethylketone 9 33
22 Dimethylamine 6 _2 11 _2
23 Dimethyl sulphide . 2 x 10 5. 1 x 10
24 Dioxane 170 620
25 Ethanol 50 93
26 Ethylacetate _ 50 . 180
27 Ethyleneglycol 25 5 90
28 Ethyl mercaptan 1 . 6 x 10_5 4 x 10-5-4
29 Ethyl selenide 6 . 2 x 10_6 3 . 5 x lg
30 Ethyl selenomercaptan 1 . 8 x 10_4 8 x 10 _4
31 Ethyl sulphide 2 . 5 x 10 9 . 2 x 10
32 Heptane 220 930
33 Hydrogen selenide 3 10
3 _3
34 Hydrogen sulphide 1 . 1 x 10_4 1 . 5 x 10_3
{ 35 Iodoform - 3. 7 x 10_8 6 . 1 x 10 7
36 Ionone 5 . 9 x 10 4 . 6 x 10
37 Methanol 5900 7800
38 Methylacetate 200 550
39 Methylenechloride 150 550
40 Methylethylketone 25 80
41 Methylformate 2000 5000
42_ Methyleneglycol 60 190 ,
43 Methyl -i -butylketone 8 3 32 _3
44 Methyl mercaptan 1 . 1 x 10- 2 . 2. x 10
45 Methylpropylketone 8 _7 . 27 _6
46 Musk, synthetic 4. 2 x 10-7 x 10
47 Octane 150 1 710 _ 1
48 Ozone 1 x 10- 2 x 10
49 Petrol , heavy 30 150
50 Petrol , light 800 3300
51 Phenol 3 12
-25 . 1- Rev . D
' Schedule 4-734. 14- 1
ORORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
(Con ' t)
ODOR THRESHOLD 1 I
No . POLLUTANT
(ppm) (m9/m3 )
52 i -Propanol 40 90
53 n-Propanol 30 80
54 i -Propylacetate 30 140
55 n-Propylacetate 20 _5 70 _4
56 Propyl mercaptan 7 . 5 x 10 2 . 3 x 19
57 Pyridine 1 . 2 x 10_8 4 x 10_7
58 Skatole 7 . 5 x 10- 4 x 10
59 Sulphur dioxide 30 79
60 Tetrachloroethylene 50 320
61 Tetrahydrofuran 30 90
62 Toluene 40 140
63 1 , 191-Trichloroethane 400 2100
64 Trichloroethylene 250 1350.
65 Trimethylamine 4 _4 96 _3
66 Valeric acid 6 . 2 x 10_8 2 . 6 x 19
67 Vanillin 3. 2 x 10 2 x 10
68 Xylene 20 100
1 ppm is parts per million
mg/m3 is milligrams per cubic meter
Rev . D
-28 . 1-
1 9 .V A holding dyke or wall required by the
2 Uniform Fire Code shall comply with
3 such Code requirements . The dyke required
4 by the Uniform Fire Code and the dyke
, 5 required by the Bulk Regulations may be
6 identical when the Bulk Regulation dyke
7 is not common with the landscaped berm.
8 The dyke required by the Uniform Fire
9 Code shall be setback at least fifty ( 50)
10 feet in addition to the required yard set-
11 back. The fifty (50 ) feet shall be measured
12 from th.e setback to the toe of the dyke .
13 .
14
I 15
16
17
18 V
19
20
21
22
23
24 '
25
26
27
,28
29
30
31
32 CITY OF RENTON
PLANNING DEPARTMENT
•
• Rev . D
-30-
1 16 . Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
3 generation of all air contaminants , to decrease the
4 annual emissions from stationary sources by. controlling
5 land-use intensity and requiring the use of th,e latest
6 and best technology for the control of all air-borne
7 contaminants in order to achieve and maintain a health-
8 ful environment of clean air. '
9 1 . Process methods and procedures currently available
10 in industry which are known to cause fewer in
11 number and lesser quantities of air contaminants ,
12 shall be used in all cases .
13 2 . The, latest and best technology and equipment
14 shall be used for the control and removal of
' 15 all air contaminants ."
16 3 . It shall be the responsibility of the developer '
17 of the facility to ascertain the information
18 required in §§ 4-734. 16 . 1 and 4-734 . 16 . 2 and
19 I 'report such findings to the administrative official .
`20 4. The emission of specific substances into the air
21 shall be limited to the total annual and spatial
' 22 density , relative to land-use , for each facility ` ,
23 as setforth in Schedule 4-734 . 16- 1 .
24 5 . A facility shall be capable of achieving, a
25 condition of near-zero discharge during periods
26 of an air pollution Alert and shall employ all
27 operational and technical means to reach the
28 lowest physically possible quantity of emissions
29 during the entire alert period . It shall be the
30 • responsibility of the administrative official
a 31 to enforce a reduction in the process weight to
32 ' comply with this restriction . CITY Of RENTON
PLANNING DEPARTMENT
Rev . D
-32 . 1-
1 11 . The site of bulk storage facilities emitting
2 any of those substances listed in Schedule
3 4-734 . 16-1 shall comply with the following
4 limitation on location . No new facility or
5 expansion of an existing facility shall be
6 ' permitted within five thousand (5000) feet
7 of existing bulk storage facilities if their
8 combined emission for any of the listed sub-
9 stances exceeds two (2) times the permitted
10 annual emission of the substance for a single
11 facility. The emissions of applicable-existing
12 facilities shall be reduced as per §4-734 .16 .12 .
13 12 . All existing bulk storage facilities on the
14 effective date of this ordinance and emitting
15 more than the maximum permitted emission of
16 any listed substance shall be assumed as
17 having the maximum permitted emission for the
18 purpose of calculating the locational density
19 of facilities as specified in § 4-734 .16 .11 .
20 For the purpose of this Standard existing
21 bulk storage facilities shall include those
22 facilities for which substantial construction ,
23 - other than site preparation , is in progress
24 and as determined by the administrative official .
25 13 . All existing facilities qualifying under § 4-734 .
26 16 . 12 shall comply with the emission standards
27 setforth in Schedule 4-734 . 16-1 within three (3 )
28 years of the effective date of this ordinance .
29 A one time extension of up to two (2) years may be
30 granted by the administrative official Upon the
31 showing of good cause why compliance cannot be
32 achieved within the specified time period .
CITY OF RENTON
PLANNING DEPARTMENT
Rev . D
-32 . 2-
1 14'. All sources or points of emissions within
2 the lot lines shall be suitably controlled
3 by a reduction or recovery of emissions with
4 an overall efficiency of ninety (90) percent
5 or greater when compared to the uncontrolled
6 system and when the equipment and technology
7 are readily available . Sources and points
8 of emission shall include the carrier vehicle
9 and any transfer mechanism when actively
10 engaged in loading or unloading operations .
11 Control shall include , but is not limited to ;
12 vapor recovery systems for volatile liquids
13 and hoods or fully enclosed buildings with
14 exhaust fans and filters or their equivalent
15 for transfer operations generating airborne
16 particulates . Such emission control shall
17 be required even though the emissions of
18 the bulk storage facility are below the
19 maximum permitted levels .
20
21
22
23
24
25
26
27
28
29
30
31
CITY OF RENTON
32 PLANNING DEPARTMENT
•
Rev . D
-34-
1 SECTION II :
2 Existing Section 4-702 (Definitions ) of Title IV ( Building
3 Regulations ) of Ordinance No . 1628 entitled "Code of General
4 Ordinances of the City of Renton" is hereby amended to add
5 the following definitions :
6
Sections 4-702 ( 25 ) through 4-702 ( 60) as added :
7
8 (25 ) "Administrative Official " : The individual (s )
9 in the Developmental Services Division of the
10 Public Works Department , or his designee , so
11 designated to administer the various Performance
12 Standards as set forth by ordinance .
13 (26 ) "Alert" : A. level of air quality defined by the
14 Puget Sound Air Pollution Control Agency .
15 ( 27 ) "Blasting agent" : Any material or mixture con-
16 sisting of a fuel and oxidizer , intended for
17 blasting , not otherwise classified as an explosive ,
18 and in which none of the ingredients are classified
19 as an explosive , provided that the finished product ,
20 as mixed and packaged for use or shipment , cannot
21 be detonated when confined by means of a No . 8
22 test blasting cap .
23 (28) "Bulk Storage" : The holding or stockpiling on land
24 of any material or product , of either a natural ,
25 semiprocessed , finished , reclaimed , or scrapped
26 form in containers , in structures , in the open or
27 under protective cover and in sufficient number or
28 quantity to rank as the principal feature and activity
29 of the industry or use . The use is characterized
30 by an absence or minimum of activity directed towards
• ' 31 a change in the material or product , and an emphasis
32 on redistribution . CITY QFRENTON
PLANNING DEPARTMENT
V •
1
Rev . D
-40-
1 (57 ) - "Toxic substance" : Those materials listed and
2 documented by the American Conference of Govern-
3 mental Industrial Hygienists (ACGIH ) .
4 ( 58) "Visible leakage" : The leakage of a liquid in
5 sufficient ,quantity to form beads , rivulets , or
6 trickles , but more than just a moistening of
7 the surface .
8 (59 ) "Waste" : Any material , other than products not
9 having an immediate market and/or value , and/or
10. no further use or resource to the industry creating
11 - such material .
12 (60 ) "Wildlife habitat" : An area officially recognized
13 and/or dedicated by the City , the State or Federal
14 Government for the propagation and benefit of
15 wildlife .
16
17
18
' 19 •
20 .
21
22
23
24
25
26
27
28
29
30
31 CITY OF RENTON
•
PLANNING DEPARTMENT
32
THE CITY OF RENTON
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055
0� AVERY GARRETT, MAYOR • PLANNING DEPARTMENT
235 - 2550
O �
9ATtDSEPt July 21 , 1975
MEMORANDUM
TO : All Recipients
FROM: Planning Department '
SUBJECT : Incorporation of Amended Pages
The pages in the " Proposed Amendments to the
Fourth Edition (July 14, 1975 ) of the Proposed
Bulk Regulations with Definitions" (yellow
cover) are to submitted and added to the
"Proposed Bulk Regulations with Definitions" -
( blue cover) . The lines which have been
amended or added are indicated by a black-
line adjacent to the line numbers in the
left-hand margin . A comparison of the
indicated lines on the duplicate pages will
show the specific changes which were made .
PRELIMINARY
SUBJECT TO REVISION
PROPOSED AMENDMENTS
TO THE FOURTH EDITION (JULY 14, 1975) OF THE
PROPOSED BULK REGULATIONS WITH DEFINITIONS
JULY 18 , 1975
RECOMMENDED FOR ADOPTION
13Y, THE PLANNING DEPARTMENT
CITY OF RENTON
PLANNING DEPARTMENT
P y \
• ii
TABLE OF CONTENTS Rev . D
SECTION TOPIC PAGE
•
1 Definitions (Continued)
2 4-702 (39) Drainage System 36
3 4-702 (40) Explosive 37
4 4-702 (41 ) Gross Area Coverage 37
5 4-702 (42 ) Hazardous 37
6 4-702 (43) Impulsive Sound 37
7 4-702 (44) Industrial Access 38
8 4-702(45) Licensed 38.
9 4-702(46) Lot-District Lines 38
10 4-702 (47 ) Natural Water System 38
11 4-702 (48) Near-Zero Discharge 38
12 4-702 (49) Neighboring Facilities 38
13 4-702(50) Odor Threshold 39
14 4-702 (51 ) Peak Discharge 39
15 4-702 (52 ) Qualified . 39
16 4-702 (53) Recognized Higher Risk 39
17 4-702 (54) . Return Period 39
18 4-702 ( 55 ) Roof 39
19 4-702 (56 ) Threshold Limit Value 39
20 4-702 ( 57 ) Toxic Substance 40
21 4-702 (58 ) Visible Leakage 40
22 4-702 (59) Waste 40
23 1 4-702 (60 ) • Wildlife Habitat 40
24
25
27
28
29
30
31
32
•
CITY Of RENTON
PLANNING DEPARTMENT
w -
Rev . D
-2-
1 . 2 . The Planning Commission is designated as the
2 official agency of the City for the conduct
3 of public hearings ; and the Planning Department
4 is responsible for the general administration
5 a.nd coordination . The Planning Department
6 ' shall establish administrative procedures , which
7 shall include , but are not limited to : prepar-
8 ation of application forms ; determining complet-
9 ness and acceptance of application ; and
10 establishment of interdepartmental review
11 routing procedures .
12 3 . The burden of proving that the proposed bulk
13 facility complies with the standards setforth
14 in this section shall be on the applicant .
15 . 3 . Height . The maximum height of 'all structures and
16 bulk storage of raw materials in stock piles shall be
17 ' forty (40 ) feet or that of the underlying zone whichever
•
18 is more restrictive .
19 4 . Setbacks . All structures and bulk storage , except
20 . security fences and signs shall be located at least
21 I sixty ( 60 ) feet from all public right-of-ways , wildlife
22 habitat , public areas , parks and waterways which include ,
23 but is not limited to rivers , lakes , streams and drainage
24 channels . In all other instances the setbacks shall be
25 twenty ( 20 ) feet from the property line .
26
27 .
28
29
30
31
CITY Of RENTON
32 PLANNING DEPARTMENT
Rev . D
-3-
1 5 . Landscaping. All bulk storage facilities shall be
2 completely surrounded by a landscaped berm and/or
3 a screen with landscaping that is a minimum of eighty
4 (80 ) percent opaque as indicated in Figure 4-734. 5-1 .
6 Such berm and/or screen shall be at least twenty-five
6 ( 25 ) percent as high as. the structures or bulk
7 storage , whichever 'is higher . The height of the
8 berm and/or screen shall not be less than five (5 )
9 feet but not more than twelve ( 12 ) feet in height.
10 All areas between the property lines and the berm
11 and/or screen shall be landscaped , except that area
12 which is used for ingress or egress . When only an
13 opaque screen with landscaping is constructed the
14 1 screen shall be setback according to Section 4-734. 4 .
15 Said berm shall be constructed at a maximum slope .
16 of two ( 2 ) feet horizontal to one ( 1 ) foot vertical .
17 The top of said berm shall be a flat surface of at
18 least (6 ) feet in width. A security fence which is
19 optional shall be placed no closer than the internal
20 side of the berm or the required setback , whichever
21 is less . The landscape plan is to be prepared by a
22 licensed landscape architect and is to be approved
23 by the Planning Department. A ,performance bond for
24 one hundred fifty ( 150 ) percent of the estimated cost
25 of maintenance . of landscaping for a three ( 3) year:
26 period is required prior to the issuance of .a building
27 permit. The berm and/or the screen is to be landscaped
28 so as to minimize the visual impact of the bulk
29 storage as viewed from the pedestrian level . . A retain-
30 ing wall may be substituted for the internal side of.
31 the berm provided the retaining wall is approved by
32 a licensed engineer.
CITY Of RENTON
• PLANNING DEPARTMENT
•
•
•
FIGURE 4-734. 5- 1 (a )
LANDSCAPED BERM .
•
•
. .
.... ...... ....
.. • .. . , MAJCIMQM
1 • .
6.MI �p 4, ''� �%NIMOM' .
•
� ( • SIFT
•. . . . . • ' i '•• ' . 1 CIF steitA . • i ' . . e'F It'r-AIA •• • .1 • . • . . ' •' ..
. • : . • . • - -.
• - CITY O RfNTON
PLANNING DEPARTMENT • p
•
FIGURE 4-734. 5- 1 (b)
LANDSCAPED BERM AND OPAQUE SCREEN
1
. j
..... .... . . ...
.
. . . - .. . 11/444,4�K,
HEIR .
4---
i
211 44 4,7'., 2•I spzfe j ACT
cf
7o
M
CITY Of RENTON
PLANNING DEPARTMENT
v
•
•
FIGURE 4-734 . 5-1 (c) •
LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN .
I` t •
•
•
` j rr1 Paste. •
Art 'toy
. AA14Ji�dA'T��' hey{
....... ..... .
i ..,,:ki,„...i,,,,zt,,
I.
i oD
•
.
73
•
•
CITY OF RMON
PLANNING DEPARTMEA{f
FIGURE 4-734. 5-1 (d) •
•
OPAQUE SCREEN WITH LANDSCAPING
...........................................
........ ....................
•
•
P:::.
,. 3'
.. .. ... �
... : .....� -.. ,...� � . Y .. •L�%Z
_ . c 4'_�.7 tc.•�7.L i••:.....X,J.L'? i,liss4611TC c
�'+.��„ r *••.1, yi t Y,:�«•:•.: ...
1
i 1`I6H 1 `Ti 1
t •
70
. fD
•
C
• CITY OF RENTON
. PLANNING DEPARTMENT
v
Rev . D
-14-
1 10. Traffic and Access Control
2 The intent of this Standard is to promote the safety
3 of travel on public streets in industrial areas
4 where dense and variable traffic flows cause additional
5 hazards to persons and property and to provide for
6 uninterruptable access to all properties and neigh-
7 bors of a potential major fire , emergency or hazard.
8 1. All lots used by an industry of recognized
9 higher risk shall be served on at least two
10 sides by accesses dimensional equal to an
11 industrual access street. Such accesses
12 shall be continuously open to City Departments
13 for clearing or repair at the owners expense.
3.4 2. When on-site emergency access is required for
15 fire or other emergency equipment , a through
16 route shall be provided and maintained in a
17 free and open condition at all times , with an
18 exit from the lot different from the entrance
19 and separated by at least three hundred ( 300 )
" 20 feet when not on opposite sides of the lot .
21 3. A definitive traffic flow pattern shall be
22 provided on the property for all traffic , both
23 truck and automobile , such that all traffic
24 shall cross lot lines travelling in a forward
25 _ direction . Curb-cuts /shall be kept to a
26 minimum in both number and width con-
27 sistent with the property traffic flow pattern .
28 4. Necessary transportation between different parts
29 of the same building or complex of buildings
30 when located on one continuous lot shall be by
31 private access routes , confined to the property
32 - so as to not cause unnecessary congestion or
CITY OF RENTON
PLANNING DEPAITMENT
• � � ,/
Rev . D
- 16-
1 9. All on-site surfaces used for daily traffic
2 within the lot or as a part of the traffic flow
3 I pattern required in54-734 . 10 . 3' shall be paved
4 and maintained in a good condition with an
5 asphalt surfacing , or its equivalent if approved
6 by the administrative official , to prevent the
7 generation of dust or the tracking of mud onto
public right-of-ways .
9
10
11
12
13
14
15
16
17
1
19
20
21
22
23
24
25
26 •
27
28
29
30
31
32
CITY OF RENTON
PLANNING DEPARTMENT
Rev . D
- 19-
Schedule 4-734 . 11- 1
PERMITTED SOUND LEVELS IN RECEIVING EDNA CLASSES
FROM EDNA CLASS C (INDUSTRIAL) SOURCE
EDNA CLASS MAXIMUM DURATION IN APPLICABLE
OF RECEPTOR SOUND LEVEL1 ANY ONE-HOUR HOURS3
(dB (A) ) PERIOD (min )
A , 60 Continually 7am - 10pm
A 65 15 •
A 70 5 152
A 75 11 7am - 10pm
A 50 Continually 10pm - 7am
. A 55 15
A 60 5 152
A 65 11/2 10pm - 7am
B 65 - Continually All
B 70 15
B 75 • 5 1152
B 80 12 All
C 70 Continually All
75 15
C 80 5 1152
C 85 11 - All
1 . Source : Chapter 173-60 , Washington Administrative Code
"Maximum Environmental Noise Levels " .
2. Total not to exceed 15 minutes in any one hour.
3. The lower noise levels in EDNA Class A apply on all hours
of the weekends and holidays .
Rev . D
-21-
1 5 . Upon the request of the administrative official
2 the industry shall provide substantial proof of
3 having disposed of liquid waste , falling in the
4 categories of §4-734 . 12 . 4 equal to or greater
5 than eighty (80 ) percent in either volume or
6 weight of the amount generated during the previous
7 six (6) months of operation .
8 6 . The release of odorants or gaseous wastes
9 from liquid wastes awaiting disposal shall be
10 prevented by using adequate means of storage
11 and all other reasonable means necessary .
12 7 . Any treatment of liquid waste solely for the
13 purpose of disposal shall be permitted when
14 ' the generation of any solid or gaseous wastes
15 is adequately handled in compliance with these
16 Standards and all other rules and regulations
17 of state and regional agencies . Such treatment
18 shall employ the latest and best technology
19 and equipment currently available to industry .
20 Liquid waste shall include surface runoff waters
21 as per Section 4-734 . 8 when contaminated with
22 chemicals , oils or other toxic substances .
23
24 .
25
26 •
27
28 ..
29
30
31 CITY OF RENTON
PLANNING DEPARTMENT
32
, 1
Rev . D
-25-
Schedule 4-734 . 14- 1
ODORANT CONCENTRATIONS FOR SPECIFIC
•
CHEMICALS IN CLEAN AMBIENT AIR
ODOR THRESHOLD1
No . POLLUTANT
( PPm) (m9/m3)
1 Acetone 320 770
2 Acrolein 15 4 35 5
3 Ally] disulphide 1 x 10-5 6 x 10- -4
4 Ally] mercaptan 5 x 10- 1 . 5 x 10
5 Ammonia • 3 . 7 x 10-2 2 . 6 x 10�2
6 Amyl alcohol 10 35
7 Apiole 6. 3 x 10-3 5 . 7 x 10-2
8 Benzene 60 180
9 i -Butanol 40 120
10 n-Butanol 11 33
11 i -Butylacetate - 4 17
12 n-Butylacetate 7 35
13 . n-Butylformate 17 70
14 Butyric acid 2 . 8 x 10-4 1 x 10-6
15 Camphor 16 100 .
16 Carbon. disulphide 7 . 7 23
17 Carbontetrachloride 200 1260 -2
18 Chlorine 1 x 10-2-2 2 . 9 x 10-2
19 Diacetyl 2 . 5 x 10 8. 8 x 10
20 1 ,2-Dichloroethane 110 450
21 Diethylketone 9 33
' 22 Dimethylamine 6 _2 11 -2
23 Dimethyl sulphide 2 x 10 5. 1 x 10
24 Dioxane 170 620
25 Ethanol 50 93
26 Ethylacetate 50 180
27 Ethyleneglycol 25 _5 90
28. Ethyl mercaptan 1 . 6 x 10_5 4 x 10-5-4
29 Ethyl selenide . 6 . 2 x 10_6 3 . 5 x lg
30 Ethyl selenomercaptan 1 . 8 x 10_4 8 x 10 _4
31 Ethyl sulphide 2 . 5 x 10 9 . 2 x 10
32 Heptane 220 930
33 Hydrogen selenide 3 _3 10 _3
34 Hydrogen sulphide 1 . 1 x 10_4 1 . 5 x 10-3
35 Iodoform 3. 7 x 10_8 6 . 1 x 10-7
36 Ionone 5 . 9 x 10 4. 6 x 10-
37 Methanol 5900 7800
38 Methylacetate 200 550
39 Methylenechloride 150 550
40 Methylethylketone 25 80
41 Methylformate 2000 5000
42 Methyleneglycol 60 190
43, Methyl - i -butylketone 8 3 - 32 _3
44 Methyl mercaptan 1 . 1 x 10- 2 . 2 x 10
45 Methylpropylketone 8 _7 27 _6
46 Musk , synthetic 4. 2 x 10 5 x 10
47 Octane 150 1 710 _ 1
48 Ozone 1 x 10- 2 x 10
49 Petrol , heavy 30 150
50 Petrol , light 800 3300
51 Phenol 3 12
-25 . 1- Rev. D
" Schedule 4-734. 14-1
ORORANT CONCENTRATIONS FOR SPECIFIC
CHEMICALS IN CLEAN AMBIENT AIR
(Con ' t )
ODOR' THRESHOLD '
No . POLLUTANT 3
(PPm) (m9/m )
52 i -Propanol 40 90
53 n-Propanol 30 80
54 i -Propylacetate 30 140
55 n-Propylacetate 20 5 70 _4
56 Propyl mercaptan 7 . 5 x 10 2 2 . 3 x 19
57 Pyridine 1 . 2 x 10-8 4 x 10_7
58 Skatole 7 . 5 x 10 4 x 10
59 Sulphur dioxide 30 79
60 Tetrachloroethylene 50 320
61 Tetrahydrofuran 30 90
62 Toluene 40 140
63 1 , 1 , 1-Trichloroethane 400 2100
64 Trichloroethylene 250 1350
65 Trimethylamine 4 _4 96 _3
66 Valeric acid 6 . 2 x 10-8 2 . 6 x 19
67 Vanillin 3. 2 x 10 2 x 10
68 Xylene 20 100
1 ppm is parts per million
mg/m3 is milligrams per cubic meter
•
Rev . D
-28 . 1-
1 9 . A holding dyke or wall required by the
2 . Uniform Fire Code shall comply with
3 such Code requirements . The dyke required
4 by the Uniform Fire Code and the dyke
5 required by the Bulk Regulations may be
6 identical when the Bulk Regulation dyke
7 is not common with the landscaped berm.
8 The dyke required by the Uniform Fire
9 Code shall be setback at least fifty ( 50 )
10 feet in addition to the required yard set-
11 back . The fifty (50 ) feet shall be measured
12 from the setback to the toe of the dyke .
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 CITY Of RENTON
PLANNING DEPARTMENT
Rev . D
-30-
1 16 . Gaseous Waste and Other Emissions .
2 The intent of this Standard is to limit the unnecessary
3 generation of all air contaminants , to decrease the
4 annual emissions from stationary sources by controlling
5 land-use intensity and requiring the use of the latest
6 and best technology for the control of all air-borne
7 contaminants in order to achieve and maintain a health-
8 ful environment of clean air.
9 1 . Process methods and procedures currently available
10 in industry which are known to cause fewer in
11 number and lesser quantities of air contaminants ,
12 shall be used in all cases .
13 2 . The latest and best technology and equipment
14 shall be used for the control and removal of
15 all air contaminants .
16 3 . It shall be the responsibility of the developer
17 of the facility to ascertain the information
18 required in §§ 4-734 . 16 . 1 and 4-734 . 16 . 2 and
19 I report such findings to the administrative official .
20 4. The emission of specific substances into the air
21 shall be limited to the total annual and spatial
22 density , relative to land-use , for each facility
23 as setforth in Schedule 4-734 . 16- 1 .
24 5 . A facility shall be capable of achieving a
25 condition of near-zero discharge during periods
26 of an air pollution Alert and shall employ all
27 operational and technical means to reach the
28 lowest physically possible quantity of emissions
29 during the entire alert period . It shall be the
30 responsibility of the administrative official
31 to enforce a 'reduction in the process weight to
32 comply with this restriction . CITY of RENTON
PLANNING DEPARTMENT
F.
Rev . D
-32 . 1-
1 11 . The site of bulk storage facilities emitting
2 any of those substances listed in Schedule
3 4-734 . 16-1 shall comply with the following
4 limitation on location . No new facility or
5 expansion of an existing facility shall be
6 permitted within five thousand C5000) feet
7 of existing bulk storage facilities if their
8 combined emission for any of the listed sub-
9 stances exceeds two (2) times the permitted
10 annual emission of the substance for a single
11 facility. The emissions of applicable existing
12 facilities shall be reduced as per i4-734 .16 .12 .
13 12 . All existing bulk storage facilities on the
14 effective date of this ordinance and emitting
15 more than the maximum permitted emission of
16 , any listed substance shall be assumed as
17 having the maximum permitted emission for the
18 purpose of calculating the locational density
19 of facilities as specified in i4-734 .16 .11 .
20 For the purpose of this Standard existing
21 bulk storage facilities shall include those
22 facilities for which substantial construction ,
23 other than site preparation , is in progress
24 and as determined by the administrative official .
25 13 . All existing facilities qualifying under § 4-734 .
26 16 . 12 shall comply with the emission standards
27 setforth in Schedule 4-734 . 16-1 within three (3 )
28 • years of the effective date of this ordinance .
29 A one time extension of up to two (2) years may be
30 granted by the administrative official upon the
31 showing of good cause why compliance cannot be
32 achieved within the specified time period .
CITY Of RENTON
PLANNING DEPARTMENT
• ,
Rev . D
-32 . 2-
1 14 . All sources or points of emissions within
2 . the lot lines shall be suitably controlled
3 by a reduction or recovery of emissions with
4 an overall efficiency of ninety (90) percent
5 or greater when compared to the uncontrolled
6 . system and when the equipment and technology
7 are readily available . Sources and points
8 of emission shall include the carrier vehicle
9 and any transfer mechanism when actively
10 engaged in loading or unloading operations .
11 Control shall include , but is not limited to ;
12 vapor recovery systems for volatile liquids
13 and hoods or fully enclosed buildings with
14 exhaust fans and filters or their equivalent
15 for transfer operations generating airborne
16 particulates . Such emission control shall
17, be required even though the emissions of
18 the bulk storage facility are below the
19 maximum permitted levels .
20
21
22
23
24
25
26
27 .
28
29
30 "
31 • CITY Of RENTON
PLANNING DEPARTMENT
•
Rev . D
-34-
1 SECTION II :
2 Existing Section 4-702 (Definitions ) of Title IV ( Building
3 Regulations ) of Ordinance No . 1628 entitled "Code of General
4 Ordinances of the City of Renton" is hereby amended to add
5 the following definitions :
6
Sections 4-702 ( 25 ) through 4-702 ( 60) as added :
7
8 (25) "Administrative Official " : The individual (s )
9 in the Developmental Services Division of the
10 Public Works Department , or his designee , so
11 designated to administer the various Performance
12 Standards as set forth by ordinance .
13 (26 ) "Alert" : 'A level of air quality defined by the
14 Puget Sound Air Pollution Control Agency .
15 ( 27 ) "Blasting agent" : Any material or mixture con-
16 sisting of a fuel and oxidizer , intended for
17 ' blasting , not otherwise classified as an explosive ,
18 and in which none of the ingredients are classified
19 as an explosive, provided that the finished product ,
20 - as mixed and packaged for use or shipment , cannot
21 be detonated when confined by means of a No . 8
, 22 test blasting cap .
23 ( 28) "Bulk Storage" : The holding or stockpiling on land
24 of any material or product , of either a natural ,
25 • semiprocessed , finished , reclaimed , or scrapped
26 form in containers , in structures , in the open or
27 under protective cover and in sufficient number or
28 quantity to rank as the principal feature and activity
29 of the industry or use . The use is characterized
30 by an absence or minimum of activity directed towards
31 a change in the material or product , and an emphasis
CITY Of RENTON
32 on redistribution . MANNING DEPARTMENT
r. .. .
Rev . D
-40-
{
1 .(57 ) • "Toxic substance" : Those materials listed and
2 documented by the American Conference of Govern-
3 mental Industrial Hygienists (ACGIH) .
4 (58) "Visible leakage" : The leakage of a liquid in
5 sufficient quantity to form beads, rivulets , or
6 trickles , but more than just a moistening of
7 the surface .
8 (59 ) "Waste" : Any material , other than products not
9 having an immediate market and/or value , and/or
10 no further use or resource to the industry creating
11 such material .
12 (60 ) "Wildlife habitat" : An area officially recognized
13 and/or dedicated by the City , the State or Federal
14 Government for the propagation and benefit of
15 wildlife .
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 •
31 CITY OF RENTON
PLANNING DEPARTMENT
32
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• `'....1:1-," \ , :-16) , . .. . _
, .. , INTEROFFICE MEMO . . ,
, DATE:
TO: Gary Kruger `/ ? July 14, 1975
Gordon Erickeen . , -
FROM: : Gerard M. Shellan, City Attorney: , ' '
•
SUBJECT: . H-1 Zoning Ordinance Revision ' •
z
We ! are enclosing herewith copy of Mr. Branson's letter, attorney '
for ' Sternoff Metals , Ince , received this date, together with his
proposed revisions to the H-1 Zoning Ordinance which is now under ' .
consideration. . .
' As we explained to you at our meeting the other day, it would ; appear
• that 'this proposed wording is too broad and would actually defeat
one of the prime purposes of seeking revisions of said Ordinance'.
If ;.it is the Council' s 'intent to : simply allow the present activities '
of :Sternoff Metals to continue under the general definition of "wreck
. • ing- yards" (a more adequate definition such as "metal fragmentation
or recycling plant of non-operative motor vehicles") then it would
be -better to simply amend Section 4-713 (A) (1) , subsection P; by ,
. ' simply adding as to that catagory that existing uses now in effect '
and under one ownership may be continued as a legal, non-conforming "
use within premises now zoned H-l" or words to that effect. If Mr.
Branson's wording is adopted it would simply re-adopt the present
provisions of H-1 and would for all practical purposes do very little
to change the picture.
This is simply our suggestion and you should consider it and advise
the C,iTy Council of the recommendation by your Department as well
as the rlanning Commission's .
We remain ,
Ger'ard, M, Shell n ,
GMS :n
Enc. ,
BRANSON, HARDWICK & CONRAD 11'' ''
ATTORNEYS AT LAW ! k,%:::
CHARLES R.BRANSON 321 EVERGREEN BUILDING t'
MORTON T.HARDWICK ' RENTON,WASHINGTON 98055 ',
RICHARD C.CONRAD BA�own+a 3880 ` ,
• July 1:1, 1975 ,
•
f„ Ill
i , . .Mr. Gerard M. Shellan
Attorney at Law , • ' , ,,, , : : • ' '
P.O. Box 626 „
Renton, Washington 98055
S
Re. , H-1 Zoning Revision
I am enclosing a copy of the savings clause .:,',. , :, , •
which I proposed 'at the Community Services Committee ' f , ..
I ' ' meeting. .. As we discussed by phone , the clause was not `
deemed necessary in view of the changes recommended by . ' ',,` : ` '+ , ''
the Committee . , '
Confirming our telephone conversation of July :I ~
• : 9 , 1975, you expect the Ordinance to be reviewed by the :41: `'' ,
Legislative Committee and a possible revision and that , ! , '
you will advise me of the time and place of the meeting . .`,' ,
so that I can be present. If significant revisions are,
proposed then I may again wish to propose the enclosed I' ;
clause. , '
I Very truly yours, .
CHARLES R. 'BRANSON "
• Enclosure
• cc• Sternoff' Metals, Inc. 'I
' PROPOSED REVISION TO PROPOSED NEW BUILDING REGULATION,.'' .i:: '
SECTION 4-7.13 , (ORDINANCE 1628) . . '
Add to Section II on page 8 : • ,,
" ;provided, however, that this Ordinance '
shall not prevent the further development '' ,
or use of property now zoned H-1 and now
under single ownership to expand currently , ' !, •
, existing and related uses under such re ' ' `
' strictions as were in effect prior to the •
of I this Ordinance " ' • .
of passage
,. date _
P g
The entire Section II will read as follows :
"Any and all ordinances or parts of ordinances '
in conflict herewith are hereby repealed; .
' _ provided, however, that this Ordinance shall , ` • ' ':.
, not prevent the further development or use '
r.
of property now zoned H-1 and now under ',
single ownership to expand currently
' existing and related uses under such re-
_ " ' ' strictions as were in effect prior to the • . .', }: ,
date of passage of this Ordinance. " r `' 1
r
..y
•
C.to
•
•
• THE STATE ENVIRONMENTAL
POLICY ACT OF-4971
Ai\ID_ 1 TS •
1973. AMENDMEN:TS
/.))6
._„,• -
e
• Q c?',
THE STATE ENVIRONMENTAL POLICY
- - ACT OF 1971 AND ITS 1973 AMENDMENTS
Charles B. Roe, Jr.* and Charles W. Lean**
The environmental movement burst upon the Washington State
Legislature during 1970 and 1971, producing swift legislative action.'
• - Within a 16-month period encompassing one regular and two extraor-
• - dinary sessions the Legislature enacted 14 bills involving environ-
mental protection and natural resource regulation.'- Although the end
• result is impressive, it was not achieved without controversy. Most of
* Member,Washington State Bar Ass'n;Senior Assistant Attorney General. Chief
• - Counsel. Department of Ecology, State of Washington; Lecturer in Law. Gonzaza
University School of Law; B.A.. University of Puget Sound, 1953; J.D., University
of Washington, 1960.
** Member, Washington State Bar Ass'n: Assistant Attorney General. Counsel.
• • Department of Ecology, State of Washington; B.A., 1965, J.D., 1968, University of
- - r ` Washington.
This article would not have been written without encouragement of State Repres-n- .
tatives John B. Rabel and G.K."Jeff'Douthwaite,two of the most effective lecislators
. in obtaining passage of sound environmental protection legislation. The authors are
' also indebted to Attorney General Slade Gorton and Deputy Attorney General
Phillip H.Austin for their support.
- 1. On January 12, 1970, the Governor of Washington called the Legislature into
- extraordinary session, the first held during an even-numbered year since 1950. for the
primary purpose of bringing to the attention of the Legislature a package of seven
. - environmental protection bills recommended for passage by the Governor.See Message
of Governor Daniel J. Evans convening the extraordinary session of 1970, WASH. S.
- JOUR. 9(1970).By the end of the session, 32 days later,six-sevenths of the Governor-s
- ' , package of "executive request" bills was enacted. Only a bill relating to-shoreline
- '- - protection, S.S.B. 18, failed; it died in the Senate in the closing moments of the
session.See Discussion of S.S.B. 18,WASH.S.JOUR. 9(1970).
The Washington Legislature began its 43d regular session on January 11, 1971. By
• the end of the extraordinary session which followed immediately thereafter. the
•
Legislature had enacted eight more pieces of significant legislation.See note 2 infra.
- 2. The Environmental Quality Reorganization Act of 1970, WASH. REV. CODE
• chs. 43.21A & 43.21B (Supp. 1972). This Act created the Department of Ecolo v
- and the Pollution Control Hearings Board.Surface Mining Control Act, id.ch. €_44
(Supp. 1972). Amendments to the water pollution laws, id. ch. 90.48 (Supp. 1972).
Thermal Power Plant Siting Act, id.ch. 80.50(Supp. 1972).Open Space, Agricultural
. -and-• -and Timber Lands Taxation, id. ch. 84.34 (Supp. 1972). State Recreation Trails
"- - System Act, id. ch. 67.32 (Supp. 1972). Shoreline Management Act, id. ch. 90�8
•• • - (Supp. 1972). Amendments to the air pollution control laws, id. ch. 70.94 (Supp.
. -. - 1972).Water Resources Act of 1971, id.ch. 90.54(Supp. 1972). Model Litter Conu-ol
- Act, id. ch.70.94 (Supp. 1972). State Land Planning Commission Act, id. ch. 43.120
: ;t�P •, (Supp. 1972).The Commission dissolved upon termination of the 43d regular c -csion
'of the Legislature in 1973. Coastal Waters Protection Act of 1971, id. ch. 90.48
(Supp. 1972). Washington Water Well Construction Act of 1971, id. ch. 18.I04
" (Supp. 1972).Pollution Disclosure Act of 1971,id.ch.90.52(Supp. 1972).
509
the environmental proposals were highly visible, heatedly debated, and
subjected to numerous hostile pressures as they made their tortuous
legislative journeys.
An exception was S.B. 545, which became the State Environmental
Policy Act of 1971 (SEPA).3 Closely paralleling the National Envi.
ronment Policy Act of 1969 (NEPA),4 SEPA contains strong state-
ments of environmental policy5 and strict procedural mandates applic-
able to all branches of state and local government.6 It is perhaps the
most significant piece of environmental legislation enacted in Wash-
ington in recent times, yet it passed both houses of the Legislature
with little opposition or discussion and was signed by the Governors
without public comment.
SEPA's unobtrusive enactment was an inaccurate prognosis of the -
legal turbulence it has created.`' As of this writing, Washington appel-
late courts have rendered five decisions construing SEPA,10 and sev-
eral more cases are either before the superior courts or in the process
of appeal." SEPA was amended by the Legislature in 19731' and has
•
3. Id.ch.43.21C(Supp. 1972).
4. 42 U.S.C. §§ 4321 et seq.(1970).as amended,42 L.S.C. § 4321 (Supp.11. 19721.
5. WASH. REV.CODE §§ 43.21C.010-.020.
•
6. Id.§§ 43.21C.030-.040.
7. Seventeen states have adopted some form of SEPA-like policy by statute or
executive order. See Yost. IYEPA's Progeny: State Environmental Policy Acts, 3
ENvtnon. L. REP. 50,090(1973).
8. SEPA was signed by Governor Evans on May 19. 1971. and became effective
90 days thereafter.
9. The smoothness of passage of SEPA through the legislative process is explainable
in terms of political power. Governor Evans requested a SEPA-like bill. H.B. 752. A
similar bill.S.B. 545, was sponsored by Senator Martin J. Durkan, a powerful senator
generally acknowledged at the time as the probable nominee'of the Democratic
Party in the race for governor in 1972, and Senators Lowell and Ted Peterson.
Arrangements were made between the Governor and Senator Durkan whereby
S.B: 545 was to be considered for final passage as SEPA.WASH.H.R.JoUR. 1710(1971).
Enactment of S.B. 545 during 1971 was the primary objective'of the Washington
Environmental Council. a conservationist organization which lobbied unceasingly for
the Bill's passage.Conversations with Thomas D. Wimmer and Joan Thomas. former
President and President, respectively, of the Washington Environmental Council.
Oct.8. 1973.
10. Loveless v. Yantis, 82 Wn. 2d 754, 513 P.2d 1023 (1973): Eastlake Com-
munity Council v. Roanoke Associates. 82 Wn. 2d 475, 513 P.2d 36. modified and
petition for rehearing denied, 82 Wn. 2d -y _ P.2d (1973): Stempel v.
Dep't of Water Resources. 82 Wn. 2d 109, 508 P.2d 166 (1973); Juanita Bay Valley
Community Ass'n v. Kirkland, 9 Wn.App. 59, 510 P.2d 1140(1973); Merkel v. Port
of Brownsville, 8 Wn. App. 844, 509 P.2d 390 (1973). See also State v. Burch. 7 Wn.
App.657,501 P.2d 1239(1972).
11. Among the cases involving SEPA pending in the state's appellate courts are
Malmo v. County of Spokane. appeal docketed, No. 42,933, Wash. S. Ct.. Aug. 31.
510
generated a spate of ordinances,13 regulations,14 guidelines15 and spe-
cial studies by various governmental agencies."
The intent of this article is to provide an overview of SEPA for the
general practitioner.17 It will discuss generally the Act itself and the
rapidly developing federal and state case law, and more specifically
the 1973 amendments to SEPA. The article will then suggest both
SEPA's shortcomings and possibilities for its improvement.
I. OUTLINE OF THE STATE ENVIRONMENTAL POLICY
ACT OF 1971
A. Introduction
SEPA is divided into two basic parts. The first part, R.C.W. §§
43.21C.010 and .020, contains statements of purpose and policy. The
second part, R.C.W. § 43.21C.030, contains the "action-forcing"
procedural mandates, including the environmental impact statement
requirement.18 The language of these two parts of SEPA is largely
1973;Narrowsview Preservation Ass'n v.City of Tacoma,appeal docketed,No. 11 13-11,
Wash.Ct.of Appeals,May 25, 1973.
12. Ch. 179. [1973] Wash. Laws 1st Ex. Sess. A discussion thereof is contained
in Section III infra.
13. King County adopted an ordinance implementing SEPA on June 20, 1973.
Copies of a "model" mini-SEPA ordinance, prepared by the Washington State Asso-
ciation of Counties, have been distributed to the various counties. Conversation with
Jack Rogers,Executive Secretary,Washington State Association ofCounties,N ov.5,1973.
14. WASH. AD. CODE ch. 173-34 (1973).This chapter was adopted by the Depart-
ment of Ecology to implement the single family dwelling exemption authority granted
to that Department in ch. 179, [1973] Wash. Laws 1st Ex. Sess. See also City of
Seattle Policy Statement No. 73-400, Environmental Policy, Oct. 1, 1973; City of
Seattle Standard Operating Procedure No. 100-004, Protection of the Environment,
Oct. 1, 1973.
15. In December, 1972,the Department of Ecology distributed Guidelines to other
public bodies to assist in the implementation of SEPA. These Guidelines were an
update of those distributed in February, 1972. Because SEPA gave no statutory
authority to the Department to issue guidelines,they do not have the force of regulations.
16. Pursuant to a contract with the Washington Office of Program Planning and
Fiscal Management, the Washington Planning and Community Affairs Agency and
the Department of Ecology, a consulting firm;prepared a study of SEPA, including
recommendations for its implementation. See Haworth & Anderson. SEPA Study,
Dec.. 1973. The City of Seattle convened an "Environmental Task Force" in 1973
to recommend methods to implement SEPA.
17. For a feature length discussion of NEPA issues, see Coggins, Preparing an
Environmental Law Suit, Part 1, 58 IowA L. REV. 277 (1973), and Part 2 of the same
article, id., at 487. See also F. ANDERSON, NEPA IN THE COURTS (1973) [hereinafter
cited as F.ANDERSON].
18. WASH. REV. CODE § 43.21C.030 also includes substantive aspects, as discussed
in Section II-C infra.
511
Washington Law'Review Vol. 49: 509, 19-74
"taken verbatim" from that of NEPA.19 Because of this similarity, the
Washington courts will "look when necessary to the federal cases con-
struinlg and applying provisions of NEPA for guidance";20 the federal
cases thus provide authority in the many areas where the Washington
court has not yet spoken.
B. SEPA's "Action-Forcing" Provisions
1. The Statutory Framework
Thle major procedural requirements of SEPA are contained in
R.C. V.\ § 43.21C.030, which reads in pertinent part as follows:
(2) All branches of government of this state, including state agencies,
municipal and public corporations, and counties shall:
(c) Include in every recommendation or report on proposals for legis-
lation and other major actions significantly affecting the quality of the
enti'ironment, a detailed statement by the responsible official on:
1.
(t) the environmental impact of the proposed action;
(ii) any adverse environmental effects which cannot be avoided
shquld the proposal be implemented;
(iii)alternatives to the proposed actions;
(iv)the relationship between local short-term uses of man's environ-
me[nt and the maintenance and enhancement of long-term produc-
tivity;and
(v) any irreversible and irretrievable commitments of resources
19. Eastlake, 82 Wn. 2d at 488 n.5, 513 P.2d at 45. There are several notable
differences between NEPA and SEPA, as noted in the Brief for the Washington Sta:e
Attorney General as Amicus Curiae.Juanita Bay Valley Community Assn v.Kirkland.
9 Wn.lApp.59,510 P.2d 390(1973).
(1) ]n SEPA, WASH. REV. CODE § 43.21C.020(3) reads in part as follows: "The
legislature recognizes that each person has a fundamental and inalienable right to a
healthful environment . ." This was the language of NEPA as passed by the
Senat .As altered in conference and finally adopted, it read as follows: "The Congress
recognizes that each person should enjoy a healthful environment . . _ ."42 U.S.C.
§433l(c).
(2) %lEPA applies only to the federal government, whereas SEPA applies to state
government,all municipal and public corporations,and counties in Washington.
(3) There is no agency in Washington state corresponding to the federal Council
on Environmental Quality established under Title II of NEPA.
See generally Juanita Bay,9 Wn.App.at 68-69 n.5,510 P.2d at 1 146 47.
20. Eastlake, 82 Wn.2d at 488 n.5,513 P.2d at 45.
` I
512
- State Einvironmental Policy
which would be involved in the proposed action should it be imple-
mented; . . .
(d) Prior to making any detailed statement, the responsible official
shall consult with and obtain the comments of any public agency
which has jurisdiction by law or special expertise with respect to any
envtrlonmental impact involved. Copies of such statement and the
cop rents and views of the appropriate federal, province, state, and
local agencies, which are authorized to develop and enforce environ-
menial standards, shall be made available to the governor, the depart-
ment of ecology, the ecological commission, and the public, and shall
accompany the proposal through the existing agency review processes.
. . . (emphasis added)
The importance of these procedural mandates cannot be overemphas-
ized. rl
i hey form the basis for most of the litigation involving SEPA
and NI PA, and courts have required strict compliance by govern-
menta agencies "to the fullest extent possible."2'
The central procedural requirement of SEPA is the directive to the
responsible governmental agency to prepare a "detailed statement" on
environmental matters (usually called an environmental impact state-
. ment) rior to the agency's action on all "proposals for legislation and
other major actions significantly affecting the quality of the environ-
ment.'22 Prior to making the final statement, the responsible govern-
menta agency is required to consult with other agencies having jurisdic-
tion by law or special expertise with respect to any environmental
impact involved.23 This consultation is normally accomplished by
preps ing a draft impact statement which discusses those topics set
forth in R.C.W.§ 43.21C.030(2)(c); this draft statement is then circu-
lated to the other agencies and the public. A final impact statement,
reflectfing the input from the other agencies and the public, as well as
any further updating of the proposal, is then prepared.24 The final
1
21. lid.at 490, 513 P.2d at 46.Similar language is typical of federal court opinions.
See, e.g., Calvert Cliffs' Coordinating Comm. v. AEC, 449 F.2d 1109, 1114 (D.C.
Cir. 19171), where the court ruled that NEPA's "`fullest extent possible mandate'
sets a high standard for the agencies...."
22. WASH.REV.CODE§43.21C.030(2)(c).
23. Id.§ 43.21C.030(2)(d).
24. Although it is apparently a uniform federal practice to "consult" with other
agencies through circulation of draft impact statements, draft impact statements are
not mentioned in either NEPA or SEPA. It is possible that more efficient and effective
procedt}res for consulting with other agencies could be developed which would elim-
inate the draft impact statement.
513
T
` VVaJ111IIbtUI1 LAM'I\CV1CW 'V V1. 't7. JVy; 17 I-t
impact statement, together with comments of other agencies, must be
filed with the Governor, the Department of Ecology, and the Ecolog-
ical Commission, and must be made available to the public prior to
the governmental action. The final statement must accompany the
proposal through the governmental agency's decision-making process.25
2. Governmental Actions Which Require an Impact Statement
Impact statements must precede governmental decisions on "major
actions significantly affecting the quality of the environment."26 To
ascertain which governmental actions fall within this requirement, the
Washington Supreme Court in Eastlake Community Council v.
Ranoke Associates, Inc.27 used a bifurcated test to analyze first the
nature of the "action" and, then separately, the "significance" of the
effect.
A major action, according to the Eastlake court, is one which in-
volves a "discretionary nonduplicative stage 28 of governmental ap-
prloval. The court refined this definition in Loveless v. Yantis2 bz
stating that, "[w]here choice exists there is discretion . . . ."3° By re-
gyring consideration of environmental factors, SEPA itself may have
introduced an element of discretion into decisions which formerly
were considered ministerial. Employing this analysis, the \\tashinstor:
Court of Appeals in Juanita Bay Valley Community Association v.
City of Kirkland31 held that while the issuance of a grading permit
may have been a ministerial, nondiscretionary act prior to SEPA.
"SEPA makes it legislative and discretionary."32
35. WASH.REV.CODE§43.21C.030(2)(d).
26. Id.§43.21C.030(2)(c).
27. 82 Wn.2d 475,489-93,513 P.2d 36,46-47,modified and petition for rehearir
denied,82 Wn.2d P.2d (1973).
28. /d.at 490, 513 P.2d at 46.
29. 82 Wn.2d 754,513 P.2d 1023(1973),
Id.at 764,513 P.2d at 1029.The full statement is:
Where choice exists there is discretion and the fact that previous to SEPA the
choice could be solely based on narrow or limited evaluative points set forth in
an ordinance or statute is immaterial.
Accord, Eastlake,82 Wn.2d at 492,513 P.2d at 46.
31. 9 Wn.App.59,510 P.2d 1140(1973).
2. Id.at 73,510 P.2d at 1149.
One of the parties argued to the court that SEPA applied only to "legislative" an_
not "ministerial" actions of local governments. The court, unfortunately. utilized the
legislative/ministerial phraseology in its opinion.
SEPA, however, does not change the permit'issuing functions of local governor z:
514
Stat Eitvirontnetuai Policy
•
Projects undertaken directly by governmental agencies are poten-
tially major actions which require impact statements when they signif-
icantly affect the quality of the environment.33 Likewise, government
grants or loans,34 the sale or lease of government property,35 pro-
posals for legislation and even requests for appropriations by govern-
mental agencies may also fall within the ambit of a major action.36
While it has been clear since the inception of NEPA and SEPA that
projects undertaken directly by governmental agencies can constitute
major actions, it was unclear initially whether NEPA and SEPA ap-
plied to governmental approval of private projects. However,judicial
decisions have established that governmental approval of private proj-
ects by granting permits or certifications can also constitute major
from "law applying" to "law making" functions. Rather, SEPA provides additional
law tc� apply. The policies and goals of SEPA supplement.the other legislative direc-
tives which the governmental body is acting under. To speak of this as making the
function"legislative"is misleading.
33.1 See, e.g., Environmental Defense Fund v. Corps of Engineers, 470 F.2d 289
(8th Cir. 1972). involving a dam project; Lee v. Resor, 348 F. Supp. 389 (M.D. Fla.
1972)1 involving the spraying of hyacinths in navigable waters with herbicides; Envir-
onmental Defense Fund v. Hardin. 325 F. Supp. 1401 (D.D.C. 1971), involving the
pesticide spraying of fire ants; Sierra Club v. Mason, 351 F. Supp. 419 (D. Conn.
• 1972)1 pertaining to a dredging activity designed to maintain a long established harbor.
34.1 See, e.g., Lathan v. Volpe, 455 F.2d 1111 (9th Cir. 1971); Goose Hollow
Foothills League v.Romney,334 F.Supp.877(D.Ore. 1971).
35. See, e.g., Natural Resources Defense Council v. Morton, 458 F.2d 827 (D.C.
Cir. 1972) (oil and gas leases of submerged lands); Davis v. Morton, 469 F.2d 593
(10th Cir. 1972) (lease of Indian lands to a private developer); and Minnesota Public
Interest Research Group v. Butz, 358 F. Supp. 584 (D. Minn. 1973) (timber sales
and logging within National Forest). Likewise, a decision by a federal agency not to
continue the purchase of a natural resource is potentially a major action. National
Helium Corp.v.Morton,455 F.2d 650(10th Cir. 1971).
36.1 WASH. REV. CODE § 43.21C.030(2)(c) directs all branches of government to
include an environmental impact statement "in every recommendation or report on
proposals for legislation and other major actions significantly affecting the quality of
the environment...."(emphasis added)
Bedause of the separation of powers doctrine, it is unlikely that the courts would
attempt enforcement of this provision in such a manner as to interfere with the
interni'al workings of the state legislature.The provision would seem enforceable with
respect to local ordinances and regulations of state and local agencies. See Roswell v.
New Mexico Water Quality Control Comm'n, 84 N.M. 561, 505 P.2d 1237 (N.M.
Ct.App. 1972),cent.denied,84 N.M. 560.505 P.2d 1236(N.M. 1973).
The provision would also seem applicable to agency requests for legislation, or for
appropriations. See Council on Environmental Quality, Statements on Proposed
Federal Actions Affecting the Environment, Guidelines § 1500.5(a) (1), 39 Fed.
Reg. 20,550, 20,551 (1973) [hereinafter cited as CEQ Guidelines ], where "actions"
for the purposes of NEPA are defined to include: "[r]ecommendations or favorable
reports relating to legislation including that for appropriations." Federal agencies are
required to submit legislative proposals to the Office of Management and Budget.
That.office requires impact statements for some proposals; however, its requirements -
are le§s than comprehensive.See F.ANDERsoN,supra note 17,at 131-33.
1 515
actions.37 Washington appellate courts have indicated that the follow-
_
ing governmental actions may constitute major actions under SEPA:
issuance of water rights permits,38 grading permits,38 building per-
- nuts,40 shorelines permits41 and approval of preliminary plats.42
Because virtually every governmental action is potentially a majo:
action, it is the second prong of the Eastlake court's analysis, a deter-
mination of whether the action will "significantly affect the quality o
the environment," which usually determines whether an action is sub-
ject
to the impact statement requirement.43 The Washington courts.
however, have not yet construed the meaning of this clause. The
Council on Environmental Quality (CEQ) Guidelines to NEPA44 sug-
gest that concerned governmental agencies look to the potential deg-
radation of the-quality of the environment, curtailment of the range of
beneficial uses, the serving of short-term rather than long-term envi-
ronmental goals and the secondary or indirect consequences of gov-
ernnlnental action as indicia that a proposal may significantly affect th_
quality of the environment. The Washington State Department of
Ecology's Guidelines for SEPA offer similar suggestions. While nei-
ther the SEPA guidelines nor the NEPA guidelines are binding_ regu-
lations for governmental agencies in Washington, both may be ac-
corded weight by Washington courts.
The environmental significance of a proposal has not been a major
issue thus far in any of the Washington cases. The court, however. hat
required the preparation of an environmental impact statement in two
cases, thus by necessary implication determining that the projects in
37! See,e.g., Eastlake.
381 Stempel v.Dep't of Water Resources.82 Wn.2d 109.508 P.2d 1661 19 3 .
391 Juanita Bay.
401 Eastlake.
411 Cf., Merkel v. Port of Brownsville, 8 Wn. App. 844, 509 P.2d 39C. -1973:.
Although the court did not hold that a shoreline permit required an impact statement
(a statement having been previously required by the trial court). it was held :La: tilt
relationship between the Shoreline Management Act of 1971. WASH. REV. CG3t cr_.
90.58 (Supp. 1972), and SEPA was such that the upland portion of a project .coulc
not be begun until a shoreline permit was issued for the waterfront portior of the
same'project.
421 Loveless.
43L In Eastlake,82 Wn.2d at 490,513 P.2d at 46,the court stated:
[G]overnmental action may be separated from the actual project, yet the ac.5on
may be deemed "major". When such separation exists, as here- the character of
the project must be considered in determining whether the government actio-: is
to be deemed"major".
44. 38 Fed.Reg.20,550(1973).
516
State Environmeuiai Policy
those cases significantly affected the environment. In Eastlake an
impact statement was required for renewal of a building permit for a
five-story condominium project extending into Lake Union in Seattle;
and in Loveless a statement was required prior to a preliminary plat
approval for a project consisting of multifamily condominiums.
In Merkel v. Port of Brownsville45 the trial court required an im-
pact statement for a marina expansion project encompassing 12 acres
of shorelands and 10 acres of adjacent uplands. This holding was not
disputed on appeal. In Juanita Bay the Washington Court of Appeals
remanded a grading permit back to the city for a threshold investiga-
tion of whether an impact statement was required. The project in that
case involved grading a portion of a 55-acre tract of land, possibly as
the first step in the construction of an industrial park. Similarly, the
court in Stempel v. Department of Water Resources46 remanded a
water right permit which would have permitted withdrawal of water
from Loon Lake in Stevens County for 143 lots.
3. The "Threshold" Determination of Environmental Significance
Assuming a governmental agency is considering an action which
may have environmental effects and for which an impact statement
may be required, the obvious first step for the agency is to determine
whether to prepare a statement. In making this threshold determina-
tion; the governmental agency must actually consider the various envi-
ronmental factors even if it concludes that the action does not signifi-
cantly affect the environment and, therefore, does not require a state-
merit.47 Failure by a governmental agency to predicate its decision not
to prepare a statement upon an adequate threshold investigation of
environmental concerns may result in a judicial remand to the agency48
The threshold investigation should consider the cumulative envi-
ronmental impacts of the total project:" This investigation is often
45. 8 Wn.App.844,509 P.2d 390(1973).
46. 82 Wn.2d 109,508 P.2d 166(1973).
47. See Arizona Pub. Serv. Co. v. FPC, 483 F.2d 1275 (D.C. Cir. 1973); Hanly
v.Kleindienst,471 F.2d 829(2d Cir. 1972);Juanita Bay.
48. Failure of the agency to so demonstrate justifies a "remand [of the] case to
the [agency] for its determination of whether it is necessary to prepare an Environ-
mental Impact Statement."Juanita Bay,9 Wn.App.at 73,510 P.2d at 1149.
49. See, e.g., Eastlake, 82 Wn. 2d at 492, 513 P.2d at 47, where the court noted:
517
based on an environmental "assessment" supplied by the developer.50
If this threshold investigation reveals one or more areas of potentially
significant impact, a full environmental impact statement should be
prepared.'
If, after the threshold investigation, a governmental agency deter-
mines an impact statement is not required, it frequently prepares a
document called a "negative declaration," summarizing the investiga-
lions and conclusions leading to the determination not to prepare a
full statement.a2 An agency may choose to circulate and file a negative
declaration similar to the way it files and circulates a draft impact
statement.53 However, the practice of preparing and circulating a neg-
ative declaration in this manner was developed by federal agencies
and is not required by the express language of NEPA or SEPA. l�o
particular form or document is required to evidence a negative
threshold determination.54 The governmental agency need only show
•
"It is unquestionable that numerous. modest and common governmental actions may
be as damaging to the environment as a,single. vigorous and critical action." See also
Juanita Bay, 9 Wn.App.at 72.510 P.2d at 1149.
50. See note 66 infra.
511. The CEQ Guidelines provide that "if there is potential that the environment
may be significantly affected, the impact statement is to he prepared." CEQ Guide-
lines§ 1500.6(a).38 Fed.Reg.at 20.551.
The courts have taken varying approaches to this subject. the differences being
aboltt the degree of likelihood that significant impacts will occur. In Save Our Ten
Acres v. Kreger. 472 F.2d 463, 467 (5th Cir. 1973). the court ruled that an impact
statement is required if"the project may cause a significant degradation of some hu-
man environmental factor." In Students Challenging Regulatory Agency Procedures
v.United States, 346 F. Supp. 189, 201, rev'd on other grounds,409 U.S. 1073 t 1973j.
an impact statement was required "whenever the action arguably will have an adverse
' environmental impact." (Emphasis in original: the court noting in a footnote that the
test.might be different for an agency determination supported b}' a more complete
administrative record.) In Hanly v. Kleindienst. 471 F.2d 829 (2d Cir. 1972). Both
the majority and dissenting opinions contain extensive discussions of this issue.
52. See, e.g., Environmental Protection Agency. Preparation of Environmental
Impact Statement—Interim Regulation, 38 Fed. Reg. 1697 (1973): Washington
State Department of Ecology. Guidelines for Implementation of the State Environ-
mental Policy Act of 1971,at 8.Dec., 1972.
The negative declaration is termed a"declaration of no significant impact" by some
local agencies in Washington State. See, e.g., KING COUNTY. WASH.. CODE § 20.44.020
(d)i1973).
53. The Washington State Department of Ecology, which receives impact state-
ments filed under SEPA,also receives many negative declarations.
54. First National Bank of Homestead v. Watson. 363 F. Supp. 466 (D.D.C.
1973). Some cases have held that an agency making a threshold determination is
required to "affirmatively develop a reviewable environmental record," Hanly v.
Mitchell, 460 F.2d 640, 647 (2d Cir. 1972). See also, First National Bank of Chi-
, cago v. Richardson. 484 F.2d 1369 (7th Cir. 1973); Hanly v. Kleindienst, 471 F.2d
• 829'(2d Cir. 1972). Others hold that no written record is necessary. although such
518
•
"that environmental factors were considered in a manner sufficient to
amount to prima facie compliance with the procedural requirements
of SEPA."55
4. Timing of the Final Impact Statement
•
If a project which significantly affects the environment involves just
one major governmental action, e.g., issuing a building permit, the
final statement clearly must be available prior to the time that one ac-
tion is taken. However, when a project involves more than one major
action, e.g., a rezone followed by issuing a building permit, the ques-
tion often arises as to when the final statement must be available. The
Washington decisions make it clear that the final impact statement
must precede the first major action by government authorizing the
project56—even if the environmental impact of that first action is
"modest"—if cumulatively all actions relating to the project signifi-
cantly affect the quality of the environment.57 It is no defense to state
a record would facilitate review.Scherr v.Volpe.466 F.2d 1027(7th Cir. 1972).
In Washington. review of administrative decisions is not confined to the record.
except in review of contested cases under WASH. Rev. CODE ch. 34.04 (1963), as
amended, id.-§§ 34.04.025. .140. .150 (Supp. 1972). Although written documentation
of the threshold review may be desirable. there is no statutory requirement for such
documentation. The only Washington case considering threshold determinations.
Juanita Bay,makes no mention of documentation.
If no written record exists. courts should allow government officials to be ex-
amined concerning their threshold review. including. where appropriate. their mental
prgcesses in reaching the threshold determination. See Citizens to Preserve Overton
Park v.Volpe,401 U.S.402,420(1971).
55. Juanita Bay,9 Wn.App.at 73.510 P.2d at 1149.
56. In Juanita Bay,id.at 72-73,510 P.2d at 1149,the court stated:
We therefore conclude SEPA requires that an Environmental Impact Statement
be prepared prior to the first government authorization of any part of a project
or series of projects which. when considered cumulatively. constitute a major
action"significantly affecting the quality of the environment.
57. See note 49 supra. In Natural Resources Defense Council v. Morton. 458
F.2d 827,836(D.C.Cir. 1972),the court reviewed the effect of NEPA:
What NEPA infused into the decision-making process in 1969 was a directive
as to environmental impact statements that was meant to implement the Congres-
sional objectives of Government coordination, a comprehensive approach to
environmental management. and a determination to face problems of pollution
"while they are still of manageable proportions and while alternative solutions
are still available" rather than persist in environmental decision;making wherein
"policy is established by default and inaction" and environmental decisions
"continue to be made in small but steady increments" that perpetuate the
mistakes of the past without being dealt with until"they reach crisis proportions."
S. Rep.No.91-296,91st Cong., 1st Sess.(1969)p•5.
See also,Greene County Planning Bd.v.FPC.455 F.2d 412.424(2d Cir. 1972).
In Citizens for Clean Air v.Corps of Engineers, 349 F. Supp. 696(S.D. N.Y. 1972).
519
•
Washington Law Review Vol. 49: 509, 1974
that all impacts cannot be identified at the time of the first major ac-
tion; those which can be identified should be studied and an impact
statement should be prepared. Applying this rule in Loveless, the
Washington court required that an impact statement be prepared
prior to preliminary approval of a plat for a condominium project.
However, a new impact statement is not necessarily required for each
agency action; if environmental issues previously have been consi-
dered concurrently with earlier approvals and an impact statement
has been prepared, then a new or revised statement is required only
if new information or developments have intervened.58
This rule requiring early preparation of impact statements59 is sup-
ported by the practical consideration that early approvals of even
seemingly insignificant portions of a project may commit govern-
mental decision-makers to a particular course of action upon the
project as a whole. If preparation of the impact statement is delayed,
consideration of environmental factors will become subordinated to
the momentum of the project.60 Also, early application of SEPA will
minimize investment costs if environmental considerations lead to a
decision to-abandon or alter the project.61
a proposed power plant needed two permits from the Corps of Engineers. The Corps
originally planned to prepare an environmental impact statement prior to the issuance
of either permit: then. apparently because of time pressure, went ahead and issued
one permit without an impact statement. The court rejected this approach, stating:
The decision to issue the permit without an environmental impact review runs
counter to the fundamental requirements of NEPA. The central purpose of the
Act is defeated if agencies carve"federal actions" into exempted fragments.§ 102
[comparable to RCW 43.21C.030] "is a mandate to consider environmental
values 'at every distinctive and comprehensive state of the [agency's] process."'
[citing Greene County,455 F.2d at 420]
349 F.Supp.at 707.
58. 82 Wn.2d at 764-65,513 P.2d at 1029.
59. See Scientists'Institute for Pub. Information v. AEC, 481 F.2d 1079 (-D.C.
Cir. 1973), where the Atomic Energy Commission was required to prepare an impact
statement for the liquid metal fast breeder reactor research and development program.
Although the program in question is a research program, it is estimated to require
future expenditures of over $2 billion, and is planned to lead to the point of large-
scale commercial utilization. The court held that "NEPA requires impact statements
for major federal research programs . . . aimed at development of new technologies
which, when applied, will significantly affect the quality of the human environment"
Id.at 1091.
60. In Loveless, the Washington court justified early analysis as a means of
avoiding "crisis decision making" and "catastrophic environmental damage." 82 Wn.
2d at 765, 513 P.2d at 1030. The court recognized that "the threat today to the
environment is not its sudden destruction but its progressive degradation." Id. at
766,513 P.2d at 1030.
61. Id.at 765,513 P.2d at 1030.
520 •
• State Environmental Policy
5. Preparation of Impact Statements—Is Nongovernmental
Input Allowed?
R.C.W.§ 43.21C.030 requires in appropriate situations "a detailed
statement by the responsible official" on the environmental impact of
the proposed action; this provision seemingly places the onus for pre-
paring impact statements upon governmental entities. Washington
courts have not yet decided whether an impact statement may be pre-
pared by a nongovernmental entity.
Some federal decisions hold that federal agencies may not adopt
statements prepared by state agencies;62 others hold that a federal
agency may adopt a statement prepared by a state agencyfi3 or even by
a private consultant with a financial interest in the project if the
agency participated in all important stages of the project analysis.64
Factors considered by the federal courts in ruling on this delegation
problem include the probability of the preparer's bias, traditions of
administrative practice and the ability of the responsible official to
make an informed decision.63
62. In Greene County Planning Bd. v. FPC. 455 F.2d 412 (2d Cir. 1972). it was
held that the FPC could not adopt an impact statement prepared by a state power
authority. but rather the Commission staff must prepare its own impact statement.
The court stated:
The Federal Power Commission has abdicated a significant part of its responsi-
bility by substituting the statement of PASNY for its own. The Commission
appears to be content to collate the comments of other federal agencies, its own
staff and the intervenors and once again to act as an umpire.The danger of this
procedure, and one obvious shortcoming, is the potential, if not likelihood, that
the applicant's statement will be based upon self-serving assumptions.
Id. at 420 (footnotes omitted). Adoption of a state-proposed impact statement by
the Federal Highway Administration was held improper in Conservation Soc'y of
Southern Vt.v.Sec'y of Transportation.362 F.Supp.627(D.Vt. 1973).
63. See, e.g., Finish Allatoona's Interstate Right v. Volpe, 355 F. Supp. 933
(N.D. Ga. 1973)(holding contrary to Conservation Soc'y, supra note 62, in analogous
situation);accord,Citizens v.Brinegar,357 F.Supp. 1269(D.Ariz. 1973).
64. In Life of the Land v. Brinegar, 485 F.2d 460 (9th Cir. 1973). the court
approved an impact statement for an airport runway which was primarily prepared
by a private consultant (apparently hired by the state) and adopted by the Federal
Aviation Agency.The consultant was also retained to work on the engineering,design
and construction of the project, and thus had a financial interest in securing FAA
approval. FAA and state officials were involved in the preparation of the statement
from its early stages onward—at least to the extent that they had regular meetings
with the consultant.From its review of the facts the court concluded:
While Parsons [the consultant] may have assisted in the EIS preparation, the
significant and active participation by the FAA therein precludes us from con-
cluding that there was any improper or illegal delegation in this case.-
Id.at 468(footnote omitted).
65. National Forest Preservation Group v. Volpe. 352 F. Supp. 123 (D. Mont.
1972), and Iowa Citizens for Environmental Quality v. Volpe, 4 BIN ENVIRON. REP.
521
Washington Law Review Vol. 49: 509, 15 i4
Many agencies of state and particularly of local government in
Washington do not have the "capability to prepare adequate impact
statements. Therefore, in a licensing proceeding they often rely upon
the applicant (or upon consultants hired either by the applicant or the
agency) to provide information in the form of an "environmental as-
sessment."66 The information in the assessment then provides the basis
for an impact statement or negative declaration. There is danger in
this approach. To the extent that information supplied by the appli-
cant is accepted uncritically by the governmental agency and utilized
as an impact statement or as the sole basis for a negative threshold
determination, courts could hold that the agency had "abdicated a
1755 (S.D. Iowa 1972). in upholding impact statements prepared by state hig-..vav
departments. emphasize the close cooperation established by statute between state a<d
federal governments dealing with interstate highways,the administrative interpretat ons
of the Department of Transportation, and a supposed low probability of bias in state
prepared impact statements.
In Pizitz v. Volpe. 2 ENVIRON. L. REP. 20,379 (5th Cir. 1972). the court had
originally stated,id.at 20,379(footnote omitted):
We find no merit in the contentions of appellants that the responsible federal
officials could not, under the applicable federal statutes accept an environmental
impact statement prepared by a state highway department.
The court cited the administrative practice of the Department of Transportation and
the Federal Highway Administration in support of this statement, such administrative
interpretations being entitled to"great weight" in the courts.On petition for rehea-(nc
the above statement was stricken, as "it was not necessary to reach [the] issue.' The
court indicated that it would "leave that question for decision in a case in which it is
essential to the decision," id. at 20.635. The opinion, as modified. is reported at =6'
F.2d 208.
66. In federal practice, the environmental assessments are often prepared in the
same format as impact statements, which has lead to the temptation to adopt the
assessment as a statement.For instance,the Environmental Protection Agency requires
that environmental assessments be submitted by most applicants for constru:ion
grants administered by that agency. See Environmental Protection Agency, Interim
Regulations, Preparation of Environmental Impact Statements. 38 Fed. Reg. 1-08
(1973). The term, "environmental assessment," may also be used to identify a docu-
ment prepared by an agency as part of its threshold determination of whether to
prepare a statement. See, e.g., Dep't of the Army. Office of the Chief of Engineers.
Reg.No. ER 1105-2-507. Preparation and Coordination of Environmental Statements
§F.e.(1)(a)(1973).
WASH. RE\'. CODE § 43.21C.030(2)(b) requires all branches of government of this
state to:
Identify and develop methods and procedures,in consultation with the department
of ecology and the ecological commission, which will insure that presently
unquantified environmental amenities and values will be given appropriate con-
sideration in decision making along with economic and technical considerations.
This legislative mandate should provide adequate authority for requiring applicants to
submit environmental data with all applications for authorizations which may have
an impact on the environment. Some state and local agencies now require applicants
for permits or approvals to submit an environmental assessment of the proposal.
See, e.g.,KING COUNTY.WASH.,CODE ch.20.44(1973).
522
State Environmental Policy
significant part of its responsibility" under SEPA.67 At a minimum,
governmental agencies should exercise significant supervision and re-
view over all stages of the impact statement preparation process.68
•
6. Consultation With Other Agencies
R.C.W.§ 43.21C.030(2)(d)provides that prior to making a detailed
statement, the responsible governmental agency shall "consult with
and obtain the comments of any public agency which has jurisdiction
by law or special expertise with respect to any environmental impact
involved."69 The purpose of this provision is to ensure that a potential
environmental impact of which the sponsoring agency is unaware does
not go undetected until it is too late for remedial action.70 Failure to
consult with other agencies prior to making a final statement may re-
sult in judicial remand back to the sponsoring agency.71
The most common practice at both state and federal levels has been
to prepare a draft statement for circulation to other agencies. This
statement is then revised to reflect the comments received from other
• agencies as well as the public,72 and a final impact statement is issued.
•
67. Greene County Planning Bd.v.FPC,455 F.2d 412,420(2d Cir. 1972).
68. °See Life of the Land v. Brinegar, 485.F.2d 460 (9th Cir. 1973). Fora some-
what more stringent view of an agency's role in impact statement preparation, see
F.ANDERSON,supra note 17,at 195:
Although the trend has not been irrevocably established, the courts will probably
apply the Greene County rationale and require agencies to prepare their own
impact statements at an early stage of agency decision making. Yet the holding
in Greene County does not appear to require the agency to bear all of the addi-
tional expense and conduct all the necessary studies; as long as the agency
consults with appropriate parties and then prepares a detailed statement that
accompanies the proposed action at every distinct stage of agency decision making,
it is free to require state governments and private parties to supply information,
hire consultants, conduct field studies, and seek other assistance in carrying out
its responsibilities. The synthesis and evaluation of such information, however,
must be done by the agency.
69. To aid compliance with this provision, the state Department of Ecology has
provided a"State Agency Contact List."See Washington State Department of Ecology,
Guidelines for Implementation of the State Environmental Policy Act app. 2, Dec.,
1972.The Federal Council on Environmental Quality has provided a similar but more
detailed listing in Appendix II to its CEQ Guidelines,38 Fed.Reg.at 20,557-62(1973).
70. Sierra Club v.Froehlke,359 F.Supp. 1289(S.D.Tex. 1973).
71. Monroe County Conservation Council v. Volpe, 472 F.2d 693 (2d Cir. 1972).
In Merkel v.Port of Brownsville,supra note 10,the trial court continued an injunction
against a proposed port development to allow time for review of the impact statement
by other agencies. The case was later appealed to the state court of appeals on
another issue.
'72. See Comm. for Nuclear Responsibility v. Seaborg, 463 F.2d 783 (D.C. Cir.
1971); Environmental Defense Fund V. Corps of Engineers, 348 F. Supp. 916 (N.D.
523
Washington Law Review Vol. 49: 509, 1974
Unfortunately, the agencies with primary environmental expertise a:
both state and federal levels appear to visualize their roles in this
process as arbiters of the adequacy of the statement rather than as re-
servoirs of substantive information. Comments from these reviev.ins
agencies frequently contain criticisms of the scope and content of the
statement reviewed, but very seldom provide additional information.'
At the state level, this approach often results in passing the burden of
compiling scientific information to those units of government l-act
capable of doing so—local governments. There has been little judicial
discussion of the responsibilities of reviewing agencies, but clearly
there is a need for revision of the present attitudes and practices of
those agencies.i4
Miss. 1972); Environmental Defense Fund v. Corps of Engineers, 325 F. Supp. 741
(E.D.Ark. 1972),aff'd,470 F.2d 289(8th Cir. 1972).
73. Comments on impact statements by the federal Environmental Protection
Agency frequently consist of a brief discussion followed by an "evaluation"' of the
impact statement. Although these comments frequently point out shortcomin=
coverage, they seldom provide substantive information. Comments prepared by the
Washington State Department of Ecology often follow essentially the same format.
Recently, for some projects, the Department of Ecology has conducted site inspections
and has included detailed substantive information in its comments on impact state-
ments. Conversation with Dennis Lundblad, Department of Ecology. Oct. 12. 1973.
Budgetary and staff limitations limit the effectiveness of agency review. Both the
Environmental Protection Agency and the Department of Ecology, because of their
wide ranging environmental responsibilities, receive numerous impact statements for
review and comment.
The Council on Environmental Quality, in its third annual report to the President_
commented upon the problem as follows:
[Tlhe Department of the Interior is asked to comment on hundreds of proposed
actions affecting land use and fish and wildlife values.EPA, with its expertise in
pollution control, faces a similar situation . . .Private environmental groups.
often find their resources taxed by the opportunities for comment on federal actions.
One answer to this problem, obviously, is for the commenting entities to add the
staff and other resources to handle the commenting task. The opportunity to
make Federal decisionmaking better informed and more carefully planned warrants
the necessary manpower.
COUNCIL ON ENVIRONMENTAL QUALITY, THIRD ANNUAL REPORT Ch. 7, reprinted in
ENVIRON.L.REP.50,025, 50,031 (1972).
74. A federal district court in Sierra Club v. Froehlke, 359 F. Supp. 1289_
1346-47 (S.D. Tex. 1973), had the following comments about the duties of reviewine
agencies:
If in a given situation it reasonably appears that an on-site investigation is
required before a reviewing agency may adequately exercise its expertise. then
an on-site investigation is required.This is likely to arise more frequently with
respect to particularly large projects.Similarly,when an agency's expertise v.auld
indicate that it should have comments upon a given proposal, then comments
should be made. More importantly,the range of its comments should focus upon.
- the impact the project will have upon the environment, a determination v tich
may require the reviewing agency's expertise, not just whether the project will
524
State Environmental Policy
7. Contents of Environmental Impact Statements
SEPA lists five topics which must be discussed in an environmental
impact statement.R.C.W. § 43.21C.030(2)(c) requires:
[A] detailed statement by the responsible official on:
(i)The environmental impact of the proposed action;
(ii) any adverse environmental effects which cannot be avoided
should the proposal be implemented;
(iii)alternatives to the proposed action;
(iv)the relationship between local short-term uses of man's environ-
ment and the maintenance and enhancement of long-term product
tivity;and
(v) any irreversible and irretrievable commitments of resources
which would be involved in the proposed action should it be imple-
mented;
While Washington cases have not yet considered the adequacy of the
contents of impact statements, the NEPA cases often have interpreted
• the meaning of these requirements. Those issues most frequently liti-
gated have involved the sufficiency of the impact statement's discussion
of the environmental impacts of and the alternatives to the proposed
action.
The "range of impacts" required to be discussed includes all pos-
sible significant effects on the environment,75 including beneficial as
well as adverse effects. "Primary attention should be given in the
statement to discussing those factors most evidently impacted by the
affect some other on-going project being conducted by the reviewing agency.
Application of this expertise may require a myriad of activities,such as file checks,
reviews of past studies, literature searches or map investigations. (footnotes
omitted)
75. Sierra Club v.Froehlke,supra note 74. See also Environmental Defense Fund
v. Armstrong, 352 F. Supp. 50 (N.D. Cal. 1972); Environmental Defense Fund v.
Corps of Engineers, 325 F. Supp. 749 (E.D. Ark. 1971).The court in Environmental
Defense Fund v. Corps of Engineers, 348 F. Supp. 916, 933 (N.D. Miss. 1972),
• defined the coverage in a slightly different manner:
Thus a §102 statement must thoroughly discuss the significant aspects of the
probable environmental impact of the proposed agency action.By definition, this
excludes the necessity for discussing either insignificant matters, such as those
without import, or remote effects, such as mere possibilities unlikely to occur
as a result of the proposed activity.(emphasis in original)
If the courts apply a "rule of reason" to the required coverage of impact statements
(as many courts do), then the differences between the two tests—possible vs. probable
impact—is not likely to be significant. See Sierra Club v. Froehlke, supra note 74.
5',5
•
•
Washington Law Review Vol. 49: 509. 19--
proposed action."76 In addition, secondary or indirect effects sho_."_
be analyzed and discussed as appropriate.'
Failure to identify and evaluate alternatives has been a fre ue::__
litigated issue. A full range of alternatives to the proposed action.
eluding abandonment of the proposal, should be listed and eva_:ua :f
in the impact statement,78 even if some of the alternatives are cut`;
the control of the agency preparing the statement.79 So long as an
al-
ternative is potentially viable, it should be evaluated; a "rule of rea-
son,"80 however, precludes the necessity of discussing every cence_-•-
able alternative.
• The purpose of evaluating alternatives is to explore methof
which adverse environmental effects may be mitigated and to aL
comparison of the environmental costs :presented by
courses of action. The statement should identify the benefits and env_-
onmental costs for each alternative and facilitate a comparison with t_=
benefits and costs of the proposed action.S1 SEPA, however, does r
76. CEQ Guidelines,38 Fed.Reg.at 20.553.
77. Id. Consideration of secondary effects is not limited to the traditic
of administrative jurisdiction or expertise.Rather,all reasonably foreseeable.stf^star:
impacts must be thoroughly discussed. Calvert Cliffs' Coordinating Comm. s. ALT.
449 F.2d 1 109(D.C.Cir. 1971).
78. See, e.g., Monroe County Conservation Council v. Volpe. 472 F 2d
(2d Cir. 1972); Natural Resources Defense Council v. Morton. 458 F.2d s:- tn.=
Cir. 1972): Sierra Club v. Froehlke, 359 F. Supp. 1289 (S.D. Tex. 1973e
mental Defense Fund v.Armstrong,356 F.Supp. 131 (N.D.Cal. 1973).
In Environmental Defense Fund v. Froehlke, 473 F.2d 346. 350 8th Cir. iS-
the court stated the requirement as follows:
To fulfill these mandates.the impact statement should not just list the alters:ive:
to the proposed project but it should also include the result of the Corp.- ow:
investigation and evaluation of alternatives so that the reasons for the cho:__ of-
course of action are clear.
The above statement should be compared with the following from Life of :be Lx.:c
v. Volpe. 363 F. Supp. 1171, affd sub nom. Life of the Land v. Brinegar. =.F5 F
460 (9th Cir. 1973), where the court upheld an impact statement and staid_ _.
F.Supp.at 1175:
Case law places special emphasis on this NEPA requirement and especiall% o:.the
inclusion of abandonment of the project as an alternative.The EIS here is very
sketchy in this area. Yet it does appear from the evidence that the respc ••sible
officials in the decision making process and in the review process did i act
consider many alternatives,including nonconstruction alternatives.
79. Natural Resources Defense Council v. Morton. 458 F.2d 827. 8` Ste:
Cir. 1972). Among the alternatives required to be discussed. however. was .e
elimination of oil import quotas, which was beyond the statutory authority. of 1--.
Morton as Secretary of the Interior.
80. Id.
81. Calvert Cliffs',449 F.2d at 1113.
While it has not had occasion to review an impact statement. the
supreme court has indicated that compliance with SEPA's requirements do nece--
S')F.
•
State Environmental Policy
require a full "cost-benefit" analysis or an actual quantification or
valuation of environmental amenities.B2
Impact statements will vary in size from a few pages to several vol-
umes.83 They are required to be "detailed"fi4 and reasonably "objec-
tive," but complete subjective impartiality is not required.ss
8. Public Participation in the SEPA Process
SEPA contains no provisions requiring public hearings. Final im-
pact statements, and possibly draft statements, should be "made avail-
, able" to the public.86 This may require some affirmative action by an
agency to notify the public of the existance of the proposal and any
accompanying impact statement.S7 Although an agency is not required
sitate consideration of alterations to mitigate environmental impacts as well as the
possibility of abandoning the project.See generally Eastlake.
. Some
analysis
f oSf.thVet.b avl.aSnceecyb eotwf eTernancsopst,s 3an62d benefits
pi s6r2e7 u(iDre dV. St.e e1 9e7.3gq
Co8n2servSa ).,.But this does not require placing a dollar value on environmental amenities. See
Cape Henry Bird Club v. Laird, 359 F. Supp. 404 (W.D. Va. 1973); Environmental
Defense Fund v.Armstrong. 352 F. Supp. 50 (W.D. Cal. 1972). See also Note, Cost-
- Benefit Analysis and the National Environmental Policy Act of 1969, 24 STAN. L.
REV. 1092(1972).
83. ` "Drafting a proper impact statement involves much more than filling in the
blanks on a government form. NEPA statements can and do vary, from relatively
short and simple analyses of the environmental effects of smaller projects to complex
multibillion dollar dimensions." Scientists' Institute for Public Information v. AEC,
481 F.2d 1079, 1092(D.C.Cir. 1973).
84. Impact statements should go beyond mere conclusions or assertions and
indicate the basis for them.Silva v.Lynn,482 F.2d 1282(1st Cir. 1973).
85. Environmental Defense Fund v. Corps of Engineers, 470 F.2d 289, 295-96
(8th Cir. 1972). Some courts have also indicated that impact statements should be
written in language understandable by nontechnical people. See, e.g., Environmental
Defense Fund v. Corps of Engineers, 348 F. Supp. 916 (N.D. Miss. 1972); Sierra
Club v.Froehlke.359 F.Supp. 1289(S.D.Tex. 1973).
86. WASH. REV. CODE § 43.21C.030(2)(d) provides in part: "Copies of such
statement and the comments and views of the appropriate federal, province, state,
and local agencies, which are authorized to develop and enforce environmental
standards, shall be made available to the governor, the department of ecology, the
ecological commission,and the public..,..(emphasis added)
87. The policies and goals of SEPA are to be achieved by state and local govern-
ments "in cooperation with . concerned public and private organizations." Id.
§ 43.21C.020.The legislative history of NEPA makes it clear that decisions affecting
the environment are to be made "in the light of public scrutiny." 115 CONG. REC.
40,416 (daily ed. Dec. 20, 1969) (remarks of Senator Jackson). NEPA has been
interpreted by both the President and the Council on Environmental Quality to require
affirmative procedures to obtain the views of the public, including public hearings
"whenever appropriate." See Exec. Order No. 11.514, 3 C.F.R. 104 (1970); CEQ
Guidelines§ 1500.7,38 Fed.Reg.at 20,552-53.
In view of the above, as well as the requirement that impact statements be "made
available" to the public (see note 86 supra), some federal courts have required
527
Washington Law Review 'vol. 4 : 2 1=
by SEPA to hold public hearings,88 comments addressed to try: a:c
from the public should be accepted. All "responsible" or "reasona:�e'
comments by the public to a draft statement should be st.:_7_imar±c
and evaluated in the final impact statement.89
C. The Substantive Provisions of SEPA`'°
The attention of both courts and governmental agenci�_ has
cused primarily upon SEPA's procedural requirements. This does:or
agencies to affirmatively notify the public of proposals before them for ti revttw
See Hanly v. Kleindienst, 471 F.2d 823 (2d Cir. 1972); Daly v. Volpe. __*_'F. Suzc..
252(W.D.Wash. 1972). -
The 1973 amendments to SEPA (ch. 179, [1973] Wash. Laws Is: Ex.
discussed in Part II infra) contain a provision for a public notice whiz` :e desi,ne`
to limit the time period for court challenges of agency decisions under f E PA.
notice, coming after the agency's final decision, will not serve the purpok of rrr�::aa
an impact statement available for public comment prior to that time.
88. See, e.g., National Helium Corp. v. Morton, 455 F.2d 650 ti0:
and Jicarilla Apache Tribe of Indians v. Morton, 471 F.2d 1275 (9th
finding no specific hearing requirement in NEPA.
89. Committee for Nuclear Responsibility v. Seaborg. 463 F.2d 75= :D.C. =ir.
1971); Environmental Defense Fund v. Corps of Engineers, 325 F. Sapp. "-L.
(E.D.Ark. 1971).
90. This section discusses the impact of SEPA upon the suhstar-1 v_ lay or
legislative standards, to be applied by government agencies in decision-ma-;Ling.
may also have an impact upon the rights of individuals.
Perhaps the most important difference between NEPA and SEPA fount
WAS14. REV.CODE§43.2IC.020(3),which reads:
The legislature recognizes that each person has a fundamental and irt:t.iierabn
right to a healthful environment and that each person has a respcca 5 i itv x:
contribute to the preservation and enhancement of the environment.
Identical language was included in the original version of NEPA as pas.ad bt _tte
Senate. The House version deleted the provision. The Act emerged frot= confernc.
with a similar provision, but without any reference to "fundamental and naiienane"
rights.The compromise resulted from "doubt on the part of the House comferees v'rfa
respect to the legal scope of the original Senate provision." H.R. Rep. `zo.
91st Cong., 1st Sess. 8 (1969). For a discussion of this change, and its pc,::;ible
cations, see Hanks & Hanks, An Environmental Bill of Rights: The Cir:: ir• Sur: inc
the National Environmental Policy Act of 1969, 2 ENVIRON. L. REv. 12'7, lfr�-
•
(1971) (reprinted from 24 RUTGERS L. REV. 230 (1970)). This difference was now
without comment by the court in Juanita Bay, 82 Wn. 2d at 68-69 s._., 510:Pal
at 1146-47.-WASH.REV. CODE § 43:2112:020(3)parallels an earlier enactn seen- Ir\x
REV. CODE § 43.21A.010 (part of the Act establishing the Department of Ecohg.y.
which reads in part:
The legislature recognizes.and declares it to be the policy of this state_fr.at it is..r.
fundamental and inalienable right of the people of the state of Wasltingitn
to live in a healthful and pleasant environment and to benefit from EL-r: prop
development and use of its natural resources.
Space limitations prohibit a full discussion of these provisions.They ma . howe er.
be construed to provide standing to sue, to require judicial review of fsorne
legislative actions where none existed before, to create equitable cause: -of actimz
against agencies,and even to create a new cause of action in tort.
528
,rate E;t�:.,;i..ncntal r o,;cy
mean, however, that its policy statements are unimportant. Indeed,
once agencies develop mechanisms for compliance with SEPA's pro-
- cedural requirements, attention must shift to the fundamental pur-
poses and policies of SEPA if it is to become something more than a
formbook exercise.
Recent NEPA decisions indicate that courts will seek to determine
whether a governmental agency has properly considered NEPA's poli-
cies and goals; and whether, in appropriate cases, the agency has im-
plemented those policies through the use of currently existing regula-
tory programs.91 Judicial review of this sort should cause govern-
mental decision makers to examine their functions (including regula-
tory programs) critically in the light of the policies of SEPA.
SEPA's policies and goals are similar to those of NEPA. R.C.W.
§ 43.21C.020(1) declares it to be the continuing policy of the State
of Washington:
[T]o use all practicable means and measures, including financial and
technical assistance, in a manner calculated to: (a)Foster and promote
the general welfare;(b) to create and maintain conditions under which
man and nature can exist in productive harmony; and (c) fulfill the
social, economic, and other requirements of present and future genera-
• tions of Washington citizens.
R.C.W. § 43.21C.020(2) provides seven specific goals for implement-
ing SEPA, all directed toward establishing a harmonious relationship
between man and the environment.92
91. In Environmental Defense Fund v.Corps of Engineers,470 F.2d 289, 297-98
(8th Cir. 1972),the court stated:
The language of NEPA, as well as its legislative history, make it clear that
the Act is more than an,environmental full-disclosure law. NEPA was intended
to effect substantive changes in decision making.
The unequivocal intent of NEPA is to require agencies to consider and give
effect to the environmental goals set forth in the Act, not just to file detailed
impact studies which will fill government archives.
92. WASH.REV.CODE§43.21C.020(2)provides:
In order to carry out the policy set forth in this chapter, it is the continuing
responsibility,of the state of Washington and all agencies of the state to use all
practicable means, consistent with other essential considerations of state policy,
to improve and coordinate plans, functions, programs, and resources to the end
that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of the environment
for succeeding generations;
(b) Assure for all people of Washington safe, healthful, productive, and
529
Washington Law Review Vol. 49: 509, 1974
Numerous provisions of SEPA clearly mandate that its policies and
goals be given consideration in governmental decision making.
R.C.W.§§ 43.21C.030(2)(a) and (b) require full utilization of "a sys-
tematic, interdisciplinary approach" and development of "methods
and procedures" to insure consideration of environmental values in
decision making. Furthermore, SEPA requires governmental agencies
to "utilize ecological information in the planning and development of
natural resource oriented projects"93 and to consider alternative uses
of available resources in cases of controversy.g4
SEPA also contains provisions which authorize and require govern-
mental agencies, once they have considered environmental values, to
apply the policies and goals of SEPA in their decision-making process.
R.C.W. § 43.21C.030 directs that the "policies, regulations, and laws
of the state of Washington shall be interpreted and administered in
accordance with the policies set forth in [SEPAL- R.C.W. §
• 43.21C.060 provides that "the policies and goals set forth in [SEPA]
esthetically and culturally pleasing surroundings;
(c) Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, or other undesirable and unintended
consequences;
(d) Preserve important historic, cultural, and natural aspects of our national
heritage;
(e) Maintain, wherever possible, an environment which supports diversity and
variety of individual choice;
(f) Achieve a balance between population and resource use which will permit
high standards of living and a wide sharing of life's amenities;and
(g) Enhance the quality of renewable resources and approach the maximum
attainable recycling of depletable resources.
We note that the "responsibility" contained in WASH.,REV. CODE § 43.21C.020(2)
applies only to the state and its agencies. The failure to include local governments
within that section appears to be an oversight. However, since local governments are
subject to the somewhat similar requirements of WASH. REv.CODE §§43.21C.030(2)(a).
(b), (e), (f) and (h), and since WASH. REV. CODE § 43.21C.060 declares the
"policies and goals" of SEPA are supplementary to the authorizations of all branches
of government, there is probably no difference in the effect of SEPA between state
and local agencies.
93. WASH. REV. CODE § 43.21C.030(2)(h). The Eastlake court stated, in pertinent
part:
[T]he permit-granting process is subject not only to the particular legisla-
tion authorizing it but also to those legislative enactments which require particular
additional duties to be fulfilled by the governmental body (such as SEPA). . . .
[A]n objection to what the agency is required to do or not to do by virtue of the
subsequent enactment need not be sustained. (emphasis and parenthesis in the
original)
82 Wn.2d at 497,513 P.2d at 50.
94. WASH.REV.CODE§43.2IC.030(2)(e).
530
State Environmental Policy
are supplementary to those set forth in the legislative authorizations of
all branches of government of this state . . . ."95
These provisions make SEPA almost constitutional in scope. Vir-
tually all provisions of law requiring governmental permits, certifi-
cates or approvals for given activities contain standards to be applied
by the agency in determining whether to grant or issue such ap-
provals. The policies and goals of SEPA now supplement these stan-
dards and are to be considered and applied by the various agencies
just as if they were contained in their authorizing legislation.96
95. The legislature recognized that some existing legislation may be deficientor
inconsistent with the provisions of SEPA, and in WASH. REV. CODE § 43.21C.040
directed agencies administering such provisions to propose to the Governor measures
necessary to eliminate these deficiencies or inconsistencies. This provision should
rarely excuse compliance with the policies of SEPA. Only those direct conflicts which
"prohibit full compliance" will furnish an excuse for noncompliance, and these will
rarely occur. WASH. REV. CODE § 43.21C.040; cf., United States v. Students
Challenging Regulatory Agency Procedures (SCRAP). 409 U.S. 1073 (1973);
King County Economic Community Development Ass'n v. Hardin, 478 F.2d 478
(9th Cir. 1973);Alabama Gas Corp.v.FPC,476 F.2d 142(5th Cir. 1973).
Federal courts have held that certain functions performed by the Environmental
Protection Agency under the Clean Air Act (42 U.S.C. §§ 1857-58 Supp. II, 1972)
are exempt from the impact statement requirements of NEPA, although perhaps not
the substantive requirements. The courts relied primarily upon the legislative history
of NEPA to the effect that it was not intended to change the duties of agencies with
environmental protection authority. See Anaconda Co. v.Ruckelshaus, 482 F.2d 1301
(10th Cir. 1973);Buckeye Power v.EPA,481 F.2d.162(6th Cir. 1973).
WASH.REV.CODE§43.21C.030 reads in pertinent part:
The legislature authorizes and directs that, to the fullest extent possible: . .
(2) [A]11 branches of government of this state including state agencies, municipal
and public corporations,and counties shall:
(a) Utilize a systematic, interdisciplinary approach which will insure the
integrated use of the natural and social sciences and the environmental design
arts in planning and in decision-making which may have an impact on man's
environment;
(b) Identify and develop methods and procedures, in consultation with the
department of ecology and the ecological commission, which will insure that
presently unquantified environmental amenities and values will be given appropriate
consideration in decision-making along with economic and technical considerations
.(emphasis added)
96. See also Calvert Cliffs' Coordinating Comm. v. AEC, 449 F.2d 1109, 1112
(D.C. Cir. 1971), which contains the following discussion of the similar provisions
of NEPA:
NEPA, first of all, makes environmental protection a part of the mandate of
every federal agency and department. The Atomic Energy Commission, for
example, had continually asserted, prior to NEPA, that it had no statutory
authority to concern itself with the adverse environmental effects of its actions.
Now, however, its hands are no longer tied. It is not only permitted, but corn-
. pelted,to take environmental values into account.Perhaps the greatest importance
of NEPA is to require the Atomic Energy Commission and other agencies to
consider environmental issues just as they consider other matters with their
mandates.(emphasis in original;footnote omitted)
The prime sponsor of NEPA, Senator Jackson, stated: "The bill specifically provides
531
Washington Law Review 'Vol. 49: 509, 1974
The decisions of the Washington courts are in accord with this
analysis.In Juanita Bay the Washington Court of Appeals held that the
policies and goals of SEPA introduce elements of discretion into ac-
tions of local government formerly considered purely ministerial. In
Stempel the Washington Supreme Court held that SEPA required the
Department of Water Resources to consider the possibility of pollu-
tion of a lake from the septic tanks of a proposed resort develop mer:
before issuing a water right permit to the development, even though
the statutory standards governing issuance of that permit did not men-
tion pollution.97 In Eastlake the court indicated that while the sub-
stantive decision by an agency is not dictated by SEPA, approval of a
project where adverse environmental impact is indicated "may renew
an abuse of discretion by the public agency."98
Thus, the policies and goals of SEPA have "seeped" into the ex-
- isting legislative authorizations of nearly all governmental regulator:-
programs. Environmental values not only must be considered
agencies in the decision-making process but must be acted upon in
appropriate cases. In some instances, agencies will be justified in
denying applications for licenses, permits or authorizations upon the
basis of SEPA even though their authorizing legislation makes no refer-
ence to environmental considerations 99 Federal courts have recog-
that its provisions are supplemental to the existing mandates and authorizations of
all federal agencies. This constitutes a statutory enlargement of the responsi ;litie.
and the concerns of all instrumentalities of the Federal Government." 115 Cone.•Re:..
19,009 (daily ed. July 10, 1969). A detailed discussion of the legislative hisz:1r)- cf
the relevant provisions of NEPA is contained in Hanks l& Hanks, An Enviror.ient=.
Bill of Rights: The Citizen Suit and the National Environmental Policy Act of 196S.
2 ENVIRON. L. REV. 147 (1971) (reprinted from 24 RUTGERS L. REV. 230 (1970!
97. The decision was also based upon application of the Water Resources Act cf
1971, WASH. REV. CODE ch. 90.54, to the permit in question. 82 Wn. 2d at 116—i:_
508 P.2d at 171-72.
98. 82 Wn.2d at 497,513 P.2d at 49.The court stated,in dicta:
The particular choice ultimately arrived at, be it abandonment, alteration or
permission to complete construction, is not dictated by SEPA.6 It is the evalua=ion
of pertinent environmental factors that is mandated.
Footnote 6 of the opinion reads in part:
Though a substantive result is not dictated by SEPA where adverse environmental
impact is indicated, the approval of such a project may reveal an abuse of
discretion by the public agency where mitigation or avoidance of damage G•as
possible.
99. See Zabel v.Tabb, 430 F.2d 199 (5th Cir. 1970); cf.Bankers Life& Cz_sua.tv
Co. v. Village of North Palm Beach. 469 F.2d 994 (5th Cir. 1972). See also C Ivez
Cliffs'Coordinating Comm.v.AEC,449 F.2d 1109(D.C.Cir. 1971).
In theory NEPA is a more potent force in the hands of government than is the
hands of parties suing the government. Its potential in this respect has no: yet
532
State Environmental Policy
nized that the nearly identical provisions of NEPA have a similar ef-
fect.too
II. JUDICIAL REVIEW OF COMPLIANCE WITH SEPA
• Both Washington and federal courts require strict compliance with
the procedural mandates of SEPA and NEPA, and obvious failures to
follow"these mandates will result in reversal or remand.101 Some of
SEPA's requirements, however, are not mechanical but require the
exercise of judgment by governmental agencies. Two areas in which
judgment is required in applying SEPA are the threshold determina-
tion of whether to prepare an impact statement and the substantive
agency decision or order for which the impact statement was pre-
pared. These areas present problems in establishing standards for judi-
cial review.
•
begun to be realized, but cases like Zabel v. Tabb,the first case in which a federal
agency sought to assert its NEPA mandate, in the long run may be more impor-
tant for better federal decision making than the suits against the government.
• F.ANDERSON,supra note 17,at 246-47(footnote omitted).
100. See, e.g.,Sierra Club v.Froehlke,5 BNA ENVIRON. REP. 1920(7th Cir. 1973);
• Conservation Council of N.C. v. Froehlke, 473 F.2d 664 (4th Cir. 1973); Life of the
Land v. Brinegar, 485 F.2d 460 (9th Cir. 1973): Environmental Defense Fund v.
Corps of Engineers, 470 F.2d 289 (8th Cir. 1972); Calvert Cliffs' Coordinating
Comm.v.AEC,449 F.2d 1109(D.C.Cir. 1971).
In Greene County Planning Bd. v. FPC, 455 F.2d 412, 425 (2d Cir. 1973), the
court indicated in dicta that it might have halted construction on a transmission line
"if there were significant potential for subversion of the substantive policies expressed
in NEPA."
Representative district court opinions include Sierra Club v.Froehlke,359 F.Supp.
1289 (S.D. Tex. 1973); Cape Henry Bird Club v. Laird, 359 F. Supp. 404 (W.D. Va.
1973); Environmental Defense Fund v. TVA, 5 BNA ENVIRON. REP. 1183 (E.D.
Tenn. 1973).
Federal courts are not in complete accord as to the substantive impact,of NEPA.
See, e.g., Upper Pecos Ass'n v. Stans, 452 F.2d 1233, 1236 (10th Cir. 1971) ("The
mandates of the N.E.P.A. pertain to procedure and not to substance "; Pizitz v.
Volpe, 467 F.2d 208 (5th Cir. 1972), affg per curiam, 4 BNA ENVIRON REP. 1195
(M.D. Ala. 1972), which stated that the requirements of NEPA "provide only pro-
cedural remedies as opposed to substantive rights and that the function of the court
in such cases is limited to ensuring that the procedural requirements of the Act are
satisfied.' Id.at 1196.Several district court opinions,particularly in earlier cases,have
held that NEPA does not affect substantive law. See generally Arnold, The Substan-
tive Right to Environmental Quality•Under the National Environmental Policy Act,
3 ENVIRON. L. REP. 50,028 (1973); Note, Substantive Review Under the National
Environmental Policy Act: EDF v. Corps of Engineers, 3 EcoL. L.Q. 173 (1973).
101. See,e.g., Eastlake,82 Wn.2d at 490,513 P.2d at 46. -
• The procedural duties imposed by SEPA—full consideration to environmental
protection—are to be exercised to the fullest extent possible to insure that the
attempt by the people to shape their future environment by deliberation, not de-
fault"will be realized.
533
Washington Law Review Vol. 49: 509, 1974
•
The scope of judicial review under NEPA differs among the federal
courts,102 but trends may be identified in recent decisions.Washingtor:
courts have not had occasion to thoroughly discuss the scope of re-
view of governmental agency decisions under SEPA. Because of dif-
ferences between federal and state administrative law, state decisions
as to the scope of review may not completely parallel federal deci-
sions.
•
A. Judicial Review of Threshold Determinations
If an agency decides that no impact statement is required, how
should a court review that decision? While federal courts have give:_
varying answers,l03 the trend of the federal decisions appears to recog-
nize that a threshold determination involves both factual and lega
questions.'°" Federal courts have shunned the "rational basis' test
102. As stated in Sierra Club v. Froehlke, 359 F. Supp. 1289. 1332 (SD_ Tel_
1973): "The role of District Courts in reviewing decisions of federal agencies Lnde:
NEPA has not been clearly enunciated, and it appears that differing standards have
been used."
103. The standard of review applied to a negative threshold determina i n is
dependent in part upon whether such a determination is viewed as a ques:io; c•:isv
a mixed question of fact and law,or as a question of fact.
Federal courts often substitute their judgment for that of the agency on a q_estio=
of law. See 4 K. DAVIS. ADMINISTRATIVE LAW § 30.14 (1958) [hereinafter e_-ed a_=
K.Davis].For an example of a NEPA opinion substituting judgment as to a th_reshtil:
determination, see Natural Resources Defense Council v. Grant, 341 F. Sup 35f.
366(E.D.N.C. 1972).
Agency decisions on mixed questions of fact and law may be Upheld if the: have
"warrant in the record and rational basis in law," or again. the courts may su titutt
their judgment for that of the agency. See K. DAVIS supra.The Court of Appeals fa:
the Ninth Circuit may have applied the"rational basis"test to a NEPA deter itmatio=.
in King County Economic Development Assn v.Hardin. 478 F.2d 478 t9th Cir. 1973.
Federal courts often apply the "substantial evidence" test to agency factaa: dete;-
minations, even when the applicable statute calls for some other form of
review. See K. DAVIS § 29.01 supra. Federal courts reviewing NEPA ih_resho f
determinations, however, influenced by the decision of the United States Steprertz_
Court in Citizens to Preserve Overton Park v.Volpe,401 U.S.402(1971).instead have
often applied the "arbitrary and capricious" test, which includes elements of=acts.t.:
and legal review. See Note, Substantive Review Under the National Erriror.mner.ta
Policy Act:EDF v.Corps of Engineers,3 Ecot_.L.Q. 173, 180-81(1973).
104. In Scientists' Institute for Pub. Information v. AEC, 481 F.2d 1079. 1095
(D.C. Cir. 1973), the court explained its formulation of review standards to be
applied to the question of whether an impact statement is needed for an omeoir
research program:
The decision whether the time is ripe for a NEPA statement on an overall
• research and development program is a mixed question of law and of fart. It
concerns a question of law as to interpretation of the statutory phrase -major
Federal action significantly affecting the quality of the human environment _ . .
[W]e interpret the statute to provide for a balancing approach which takes
State Environmental Policy
normally applied to mixed questions of fact and law105 and, instead,
have attempted to separate the legal issues and factual issues inherent
in a threshold determination.'06 Legal issues are decided by the appel-
late courts de novo, the primary legal issues being the interpretation of
"significantly" and "major actions" in the phrase, "major actions signi-
ficantly affecting the quality of the environment."107 Of course, factual
issues are not decided de novo by appellate courts,but by manipulating
the law-fact dichotomy, the federal courts have been able to adjust
almost at will the scope of review for NEPA cases.'08
Assuming the court's interpretation of the applicable law has not
resolved the case (in many cases it will), the agency's factual determi •
-
nations and its application of•the law to the facts will normally be
tested by the "arbitrary and capricious" standard.'0q Relying upon the
into account the Act's policies in favor of information which is both meaningful
and timely.In addition, the decision involves a question of fact as to application
of that balancing test to the realities of a specific program at a specific time.
The court went on to consider whether the "rational basis" or "reasonableness"
standard should be applied, and concluded that "any differences between the two
were largely irrelevant. ..in the context of the instant case."Id.at 1096.
105. See, e.g., NLRB v. Hearst Publications. 322 U.S. 111 (1944). which would
uphold an agency determination having warrant in the record and a reasonable basis
in law; Gray v. Powell, 314 U.S. 402 (1941), calling for affirmance of agency action
if it has a rational basis. See generally Nathanson. Administrative Discretion in the
Interpretation of Statutes,3 VAND.L.REV.470,473-75(1950).
106. See, e.g., Hanly v. Kleindienst, 471 F.2d 823, 829 (2d Cir. 1972) which
expressly rejects the rational basis test in favor of the arbitrary and capricious standard
of review.
107. See Hanly v.Kleindienst,471 F.2d 823, 828(2d Cir. 1972):
The action involves both a question of law—the meaning of the word "signifi-
cantly" in the statutory phrase "significantly affecting the quality of the human
environment"—and a question of fact—whether the MCC will have a "signifi-
cantly" adverse environmental impact. Strickly speaking, our function as a
reviewing court is to determine de nol'o"all relevant questions of law. .. ."
The court went on to add legal substance to the term "significantly," id. at 830-31:
[W]e are persuaded that in deciding whether a major federal action will "signifi-
cantly"affect the quality of the human environment the agency in charge,although
vested with broad discretion,should normally be required to review the proposed
action in light of at least two relevant factors: (I) the extent to which the action
will cause adverse environmental effects in excess of those created by existing
uses in the area affected by it, and (2) the absolute quantitative adverse environ-
mental effects of the action itself, including the cumulative harm that results
from its contribution to existing adverse conditions or uses in the affected area.
108. Any court, while defining the law applicable to an administrative decision,
may so reduce the available options as to leave the administrator little or no room
for discretion.This appears to be what the Supreme Court did in Citizens to Preserve
Overton Park v.Volpe, supra note 103. See Note. Citizens to Preserve Overton Park
v. .Volpe: Environmental Law and the Scope of Judicial Review, 24 STAN. L. REV.
1117(1972).
109. See Hanly v.Kleindienst,supra note 107.
535
Washington Law Review Vol. 49: 509, 1974
Supreme Court's decision in Citizens to Preserve Overton Park v.
Volpe,11° some federal courts have utilized a "reasonableness" stan-
dard to test a negative threshold determination,'1' which requires the
reviewing court to determine whether the agency "reasonably con-
cluded that the particular project would have no effects which would
significantly degrade our environmental quality."112 Although it is
theoretically a subcategory of the arbitrary and capricious standard,
federal courts have indicated that the reasonableness standard is a
more rigorous standard of judicial review than the arbitrary and ca-
pricious test as normally applied;113 likewise they have indicated it is
more pervasive than the well-known "substantial evidence test."114
Although the Washington court has shown an inclination to subs.i
tute its judgment for that of governmental agencies on the question of
whether an environmental impact statement is required, thus treating
the question as solely an issue of law,"15 the precise issue of the scope
.of review of negative threshold determinations has not been argued
before the court. Once the question is presented squarely there is no
110. 401 U.S.402(1971).
111. Beginning from the "arbitrary and capricious" standard as expressed in
Overton Park, the Court of Appeals for the Fifth Circuit in Save Our Ten Acres v.
Kreger, 472 F.2d 463, 466-67 (5th Cir. 1973), enunciated a standard of judicial.
review applicable to threshold determinations:
Under the review standard we hold is required, the court must first determine
whether the plaintiff has alleged facts which, if true, show that the recommended
project would materially degrade any aspect of environmental quality.
[If these allegations are made] the court should proceed to examine and
weigh the evidence of both the plaintiff and the agency to determine whether
the agency reasonably concluded that the particular project would have no
effects which would significantly degrade our environmental quality.This inquiry
must not necessarily be limited to consideration of the administrative record.
This "reasonableness standard" was applied again by the Fifth Circuit in Hiram
Clarke Civic Club v.Lynn,476 F.2d 421 (5th Cir. 1973).
Although the "reasonableness standard" was considered as a subcategory of the
"arbitrary and capricious" test by the Fifth Circuit, the Tenth Circuit has applied it
as an independent and more pervasive standard of judicial review. See Wyoming
Outdoor Coordinating Council v.Butz,484 F.2d 1244(10th Cir. 1973).
112. Save Our Ten Acres v.Kreger,472 F.2d at 467.
113. See, e.g., Wyoming Outdoor Cordinating Council v. Butz, supra note 111.
114. See Scenic Hudson Preservation Conf. v. FPC, 407 U.S. 926, 931 (1972)
(Douglas,J.,dissenting).
115. In Loveless the court was considering the timing of an impact statement.
Having determined that the government action was of a nature that would require an
• impact statement if the project significantly affected the environment, the court then
stated: "No party to this appeal asserts that the project will not significantly affect
the environment." 82 Wn. 2d at 764, 513 P.2d at 1029. Therefore, an impact state-
ment was required. There is no indication in the opinion that the factual issues
involved in determining the environmental significance of the proposal were considered
either by the local government or by the trial court. A similar approach appears to
G1�
State Environmental Policy
reason to expect a significant deviation from the federal decisions,
except perhaps that issues identified as factual may be reviewed under
a standard narrower than that applied in the federal cases.tls Like the
federal courts, however, the Washington courts probably will define
the applicable law so as to maintain thorough judicial scrutiny of
agency negative threshold determinations. Such a position under
SEPA is understandable and,desirable because a negative threshold
determination, once affirmed, precludes the full environmental review
contemplated by the "detailed statement" requirement of SEPA.
B. Judicial Review of the Substantive Governmental Agency
Decision for Which the Impact Statement Was Prepared
The true mettle of NEPA and SEPA will be determined by judicial
review of agency decisions—when the agency has considered all rele-
have been taken in Eastlake where the environmental significance of the proposal was
found to be"undisputed."82 Wn.2d at 488,513 P.2d at 45.
Absent any findings on the issue below, the court's resolution of the significance
question for the first time at the appellate level would seem to indicate that the court
considered it a question of law—a holding which would be inconsistent with the
weight of federal authority. The factual issues inherent in determining environmental
significance, however, did not appear to be central issues in Loveless and Eastlake,
and the court's treatment of that issue in those_ cases may not preclude a more
complete consideration of the issue in later cases.
116. Administrative decisions of both state and local government agencies not
subject to the state Administrative Procedure Act are reviewable under the "arbitrary
and capricious" standard. The factual review standard appears to be limited to a
consideration of whether there was competent or substantial evidence to support the
administrative decision. See, e.g., State ex ref. Perry v. Seattle, 69 Wn. 2d 816, 420
P.2d 704 (1966); Deaconess Hosp. v. Wash. State Highway Comm'n, 66 Wn. 2d
378,403 P.2d 54(1965).
Local government zoning is considered legislative action, but is subject to review
under the arbitrary and capricious standard.Action may not be taken in disregard of
the facts; however, if the decision is "fairly debatable" or where there is room for an
"honest difference of opinion" as to the desirability of the action, then it is not
arbitrary and capricious.See,e.g.,Farrell v.Seattle,75 Wn.2d 540,452 P.2d 965(1969).
The substantial evidence test was expressly rejected (as a matter of construction of
the federal Administrative Procedure Act) in Citizens to Preserve Overton Park v.
Volpe,supra note 103.Federal decisions using Overton Park as the standard of review
in NEPA cases will therefore be applying a broader standard than state courts relying
upon the substantial evidence test or something similar in SEPA cases.
State courts, however, frequently apply an ill-defined "reasonableness" standard in
reviewing administrative decisions. See, e.g., Deaconess Hosp., 66 Wn. 2d at 405, 403
P.2d at 70: "Were [the agency's] actions in the last.-analysis rational, that is, based
upon reasonable choice supported by facts and evidence . . . ... The authors have
found no Washington decision relying upon"reasonableness"as an independent ground
for reversal; therefore, comparison of this standard with the reasonableness standard
applied in federal cases such as Save Our Ten Acres v Kreger, supra note 112, is
C1'7
Washington Law Review Vol. 49: 509, 1974
vant environmental factors and has prepared an adequate and timely
environmental impact statement—to go ahead with projects despite
known adverse environmental effects. While some courts state that
NEPA is procedural only and thus they will not review substantive
governmental agency decisions, the trend of the federal courts seems
to be toward undertaking a limited judicial review of the substantive
agency decision to ascertain whether the agency considered the bal-
ancing of environmental costs and benefits in its decision-making
process as contemplated by NEPA.117 The Washington Supreme Court,
in dicta, has indicated that it will do likewise.118
The legal rules governing federal judicial review of these substan-
tive agency decisions are the same as those governing review of
threshold determinations. The tenor of the judicial opinions, however,
may be much different. Application of NEPA to substantive govern-
mental agency decisions requires a balancing of environmental costs
against other social goals which may be advanced by a proposal. An
agency may be required to apply often conflicting policies contained
in several pieces of applicable legislation, including NEPA, to a com-
plex set of facts. Under such circumstances, courts are less likely to
dictate agency behavior by defining the controversy as a question of
law and are more likely to stress the narrow nature of their review
and to define the controversy as factual or discretionary.
The scope of federal review applied to substantive governmental
decisions is usually that set forth in Overton Park. As applied in
NEPA cases,119 Overton Park requires that the responsible official
difficult. Washington courts could, however, utilize a reasonableness test to apply a
more searching standard of judicial review to SEPA decisions in a manner similar to
that of the federal courts.
Review of administrative decisions arising under the state Administrative Procedure
Act should be similar to that provided by Overton Park.See note 127 infra.
117. See note 100 supra. Those decisions which recognize and give effect to the
substantive mandates of NEPA normally provide some judicial review of the agency's
integration of these mandates into its decision-making process.
118. See Eastlake,quoted in note 98 supra.
119. The Fourth, Seventh, Eighth and Ninth Circuits have applied the standard
of review set forth in Overton Park to review of agencies' substantive decisions in
NEPA cases. See Sierra Club v. Froehlke, supra note 100; Life of the Land v.
Brinegar, 485 F.2d 460 (9th Cir. 1973); Conservation Council of N.C. v. Froehlke.
473 F.2d 664 (4th Cir. 1973); Environmental Defense Fund v. Froehlke, 473 F.2d
346 (8th Cir. 1972); Environmental Defense Fund v. Corps of Engineers, 470 F.2d
289(8th Cir. 1972).
The District of Columbia Circuit has indicated in dictum that a limited judicial
review of agency substantive decisions is available. Calvert Cliffs' Coordinating
- Comm. v. AEC,449 F.2d 1109, 1115 (D.C. Cir. 1971).The Second Circuit has done
538
State Environmental Policy
actually consider environmental factors and give them appropriate
weight in reaching his decision;120 whether the responsible official has
done so may be determined by the courts as a matter of law.121 As-
suming the evidence indicates that the responsible official has satisfied
these legal requirements, the federal courts under NEPA will then
conduct a "substantial inquiry" into the substantive agency decision
under the invigorated "arbitrary and capricious" standard of Overton
Park, which requires the reviewing court to consider "whether there
has been a clear error of judgment."122
Judicial review of governmental agency decisions under the Wash-
ington Administrative Procedure Act (WAPA)123 should parallel this
approach. Under WAPA a court may reverse an agency decision as"
"clearly erroneous"124 if the court has a "definite and firm conviction
that a mistake has been committed."125 A Washington court may find
an agency decision to be "clearly erroneous" even if there is substan-
tial evidence to support it.126 The WAPA standard, therefore, appears
similar, if not identical, to the "clear error" test enunciated in Overton
Park.127
likewise.Greene County Planning Bd.v.FPC,455 F.2d 412(2d Cir. 1973).
The Second,Fifth and Tenth Circuits have applied Overton Park to judicial review
of negative threshold determinations,but not to review of substantive agency decisions.
Wyoming Outdoor Coordinating Council v. Butz, 484 F.2d 1244 (10th Cir. 1973);
Save Our Ten Acres v. Kreger, 472 F.2d 463 (5th Cir. 1973); Hanly v. Kleindienst,
471 F.2d 823 (2d Cir. 1972). In Save Our Ten Acres v. Kreger, 472 F.2d at 467,
the court indicated "that it is not the province of the courts to review any actual
decision on the merits . . . as to the desirability vel non of the project." See also
Pizitz v.Volpe,supra note 100.
120. See Environmental Defense Fund v.Corps of Engineers,supra note 91.
121. These determinations must be made by a reviewing court in determining
whether the administrator understood and acted within the scope of his authority.
Overton Park, 401 U.S. at 415-16; but see Note, Citizens to Preserve Overton
Park, Inc. v. Volpe: Environmental Law and the Scope of Judicial Review, 24
STAN.L.REV. 1117, 1131-33(1972).
122. Overton Park,401 U.S. at 416.The Eighth Circuit in Environmental Defense
Fund v.Corps of Engineers further stated,470 F.2d at 300:
The court must then determine, according to the standards set forth in §§ 101(b)
and 102(1) of the Act [corresponding to WASH. REV. CODE §§ 43.21C.020(2)
& .030(1) of SEPA], whether "the actual balance of costs and benefits that was
struck was arbitrary or clearly gave insufficient weight to environmental values."
[quoting Calvert Cliffs',449 F.2d at 1115]
123. WASH.REV.CODE ch.34.04(1963).
124. Id.§ 34.04.130(6)(e)(Supp. 1972).
125. Ancheta v.Daly,77 Wn.2d 255,259-60,461 P.2d 531,534(1969).
126. Id.
127. The cases cited by the Supreme Court in Overton Park in support of the
"clear error"test equated that test with the clearly erroneous test.401 U.S.at 416.
539
Washington Law Review Vol. 49: 509, 1974
Administrative decisions of both state and local governmental agencies
not governed by WAPA are subject to the "arbitrary and capricious'.
standard of review,128 which is apparently narrower than the federa_
standard and is clearly narrower than the WAPA standard.129 Deci-
sions of governmental agencies under this standard must be in accord
with the applicable law,13° must not be made upon an inherently
wrong basis131 and must be reasonable.132 The factual review permitted
under this standard, however, is narrow, and governmental agency
decisions which are supported by competent or substantial evidence
generally will not be overturned.133 A decision must be "willfu
and unreasoning . . . in disregard of the facts and circumstances"13
to be arbitrary and capricious. The intricate balancing process
of environmental costs and benefits contemplated by SEPA for
government decision making is not likely to be well defined by the
courts as a matter of law. Consequently, this narrow standard o`
factual review may determine the character of judicial review of sub-
stantive governmental decisions in non-WAPA cases.
III. THE 1973 AMENDMENTS TO SEPA
The importance of SEPA was not immediately apparent to those
affected by its requirements.135 Not until September of 1972, wher;
128. See note 116 supra.
129. The Washington APA utilizes the clearly erroneous test'which is equivalem
to the federal clear error test.The arbitrary and capricious standard is narrower than
the clearly erroneous standard.Ancheta v.Daly,supra note 125.
130. A court must ascertain the scope of the statutory functions of the adminis-
trator and determine whether these functions have been properly performed. State
ex rel. Cosmopolis Consolidated School Dist. 99.v. Bruno, 61 Wn. 2d 461. 37/
P.2d 691(1963).
131. See State ex rel.Perry v.Seattle,62 Wn.2d 891,384 P.2d 874(1963).
132. See note, 116 supra. The "reasonableness" of a local zoning action also
figured into the decision in Smith v.Skagit County,75 Wn.2d 715,453 P.2d 832(1969).
-133. See note 116 supra. A court,rather than requiring "substantial evidence" to
satisfy the arbitrary and capricious test, may require "competent" evidence or even a
"scintilla." See State ex rel. Perry v. Seattle, 62 Wn. 2d at 894, 384 P.2d at 876. On
the other hand, as discussed in note 116 supra, courts considering the strong policy
statements of SEPA may grant some substance to the "reasonableness" standard the}
now apply to local government decisions,and review local government SEPA decisions
in a manner approximating the"reasonableness"standard applied in Federal NEPA uses.
134. Northern Pac.Transp.Co. v.Util.&Transp. Comm'n, 69 Wn. 2d 472. 479.
418 P.2d 735,740(1966).
135. An indicator of the lack of knowledge of SEPA is that during the first six
months of SEPA's life,only seven"detailed statements"were filed with the Department
540
•
State Environmental Policy
the California Supreme Court rendered its landmark decision in Friends
of Mammoth v. Board of Supervisors of Mono County,136 did
any major segment of Washington's private sector begin to inquire
about SEPA.137 Knowledge of the holding in Friends of Mammoth
(that California's SEPA-like Environmental Quality Act138 applied not
only to government projects but to the regulation of private projects
as well) caused private interests in Washington, especially those in-
volved in promoting and financing real estate developments, to ex-
press apprehensions over SEPA's implications.139 No longer was SEPA
just an annoying statute hung around the necks of project-oriented
governmental agencies such as Washington's Department of High:-
ways.'" With its threats of delay, higher costs, loss of proposed proj-
ects and protracted litigation, SEPA was now a full-fledged enemy of
a wide range of private interests.
The first proposals for substantial amendments to SEPA were intro-
duced during the regular session of 1973. They included S.B. 2749
and H.B. 1082, supported by the Department of Highways, and S.B.
2531, supported by private real estate and money lending interests.
After numerous public hearings, S.B. 2531 was reported out by the
Senate Ecology Committee and, with some modifications, ultimately
became law as Chapter 179, Laws of 1973.141
of Ecology as provided by WASH. REV. CODE § 43.21C.030. By the end of 1973, 887
"detailed statements"had been filed.
136. 8 Cal. 3d 1, 500 P.2d 1360, 104 Cal. Rptr. 16, as modified, 8 Cal. 3d 247,
502 P.2d 1049, 104 Cal.Rptr.761(1972).
137. The California press gave substantial coverage, and thus publicity, to the
Friends of Mammoth case. Examples include Court Ruling on Ecology Reports on
Private Projects Stirs Confusion, L.A. Times, Oct. 1, 1972, at 8; Economic Disaster
Feared over State Construction Ruling,id.,Oct. 11, 1972,at 1.
138. CAL.Pus.RES.CODE§§21000-174(West Supp. 1973).
139. The express holding of the California supreme court in Friends of Mam-
moth was that a building permit issued by Mono County for a condominium in a ski
resort area was invalid because the county had not prepared and considered an
impact statement, as required by the state's Environment Quality Act, prior to a
decision on issuance of the permit.
The holding of Friends of Mammoth should have come as no surprise to those who
followed NEPA opinions of the federal courts issued previously such as Kalur v.
Resor, 335 F. Supp. 1 (D.D.C. 1971). See also CEQ Guidelines § 1500.6(b), 38
Fed.Reg.at 20,551.
140. The Department of Highways is required not only to meet the requirements
of SEPA, but it must satisfy the requirements of another environmental protection
statute as well. See WASH. REV. CODE §§ 47.04.110—.130 (Supp. 1972). No other
state or local agency has been given such special treatment by the Legislature.
•
141. See note 153 infra.
541
- � uJaiall ivLa Law . \'01. -Fi: Dui,
The 1973 amendments deal with three unrelated concerns in-
volving SEPA.,Section 1 of Chapter 179 is a very limited response by
-the legislature to the suggestion that there are certain categories of
actions by government which do not, by their very nature, constitute a
"major action significantly affecting the quality of the environment."
This Section provides: -
The department of ecology shall, within forty-five days from the
effective date of this act, after notice and hearing, promulgate rules
and regulations pursuant to chapter 34.04 RCW to establish classifica-
tions and categories of building permits and acts of governmental
agencies concerning an individual single family residence, which clas-
sification and category shall be exempt from the "detailed statement"
required by RCW 43.21C.030. Building permits and acts not so clas-
sified shall not be presumed to either require or not require a"detailed
statement". -
The direct value of this language in resolving any uncertainties over
the "detailed statement" requirements of SEPA is questionable; how-
, ever, the indirect implications of Section 1 are undoubtedly more sig-
nificaht.
At the time of the passage of Chapter 179, it was still argued by
some that decisions on applications for building permits and permits
under other similar regulatory programs, often thought of as minis-
terial, were not subject to the detailed statement requirements of
SEPA. Section 1 washes away any lingering doubts on this contention
by evidencing clear legislative intent that such decisions are poten-
tially subject to the detailed statement preparation requirements of
SEPA. Likewise, this Section eliminates any suggestion that SEPA
does not apply to private projects.142 In addition, Section 1 also im-
142. Ch. 179, [1973] Wash. Laws 1st Ex. Sess. was signed by the Governor on
March 20, 1973. Nine days thereafter the Washington supreme court held in Stempel
that SEPA was applicable to decisions under the state's Water Code authorizing.
through permits, the construction of water diversion works and the withdrawal of
public waters for use in a private real estate development.
143. On August 14, 1973, the Department of Ecology adopted WASH. AD. CODE
ch. 173-34 (1973). This Chapter exempts all actions pertaining to individual single
family residences from the detailed statement preparation requirements of SEPA
except those proposed in "sensitive areas." Id. § 173-34-020(2) defines sensitive
areas as:
... [A]ny area which:
(a) contains significant threats to the environment arising from earth slides.
avalanches, or flooding from a flood of a frequency expected to recur on the
•
542
State Environmental Policy
plies that governmental agency decisions concerning activities of small
size and relatively limited geographic environmental impact, such as
the building of an individual single family dwelling, may require envi-
ronmental impact statements in some circumstances.13 Furthermore,
this Section establishes the precedent of providing the Department of
Ecology with rule-making authority, at least with respect to single
family dwellings, to interpret SEPA in a manner which binds other
agencies of state and local government.144 This is a power which the
Department of Ecology did not previously possess. Finally, the ex-
press grant of an exempting power to the Department of Ecology may
conflict with, and place a cloud of invalidity over, local government
ordinances which exempt certain classes of activities from the "de-:
tailed statement" requirements of SEPA.'43
Section 2 of Chapter 179 establishes a procedure designed to elimi-
nate belated challenges to a governmentally approved private project
based upon a failure to comply with the "detailed statement" require-
ments of SEPA.146 This Section directs an applicant who has obtained
governmental approval of a private project which constitutes a "major
action significantly affecting the quality of the environment" to pub-
lish a notice of the governmental action in a newspaper of general cir-
average of once every one hundred years or a flood magnitude which has a
one percent chance of occurring in any given year;or
(b) contains any special natural values such as a marsh land, or habitation
place of substantial concentrations of flora or fauna or of rare or endangered
species of flora or fauna or,
(c) is being given special attention because of a problem of critically low or
declining resource supply or quality,or
(d) contains elements having significant aesthetic, recreational or historical
value;or
(e) is within "shorelines of the state" as defined in the Shoreline Management
Act of 1971.
One consequence of chapter 173-34 is that, with regard to governmental actions
pertaining to individual single family residences, a new pre-threshold decision must
be made;i.e.,is the proposed single family dwelling within a sensitive area?
144. Section 1 can be interpreted to extend beyond individual single family
residences if `classifications and categories of building permits" is interpreted as a
classification separate from "acts of governmental agencies concerning an individual
single family residence."
145. King County has, for example, exempted numerous categories of govern-
mental actions from SEPA's detailed statement requirements including, but not
limited to, individual single family residences. See KING COUNTY, WASH., CODE
§ 20.44.090(1973).
146. The doctrine of laches has usually been regarded with disfavor, at least in
the,NEPA cases. Compare Arlington Coalition on Transp. v. Volpe, 458 F.2d 1323
(4th Cir. 1972)with Clark V.Volpe,461 F.2d 1266(5th Cir. 1972).
543
Washington Law Review Vol. 49: 509, 1974
culation in the area of the project as well as in the area of the prin-
cipal offices of the agency taking the action. Thereafter, any suits
challenging the project based on the contention that the governmental
agency's actions did not comply with SEPA are barred unless they are
initiated within 60 days from the last date of publication of the notice.t 4 7
While the notice provision of this section only applies expressly
to "a major action significantly affecting the quality of the environ-
ment," publishing notice of a governmental agency action even
though it is preceded by a negative declaration should also bar most
suits challenging compliance with SEPA initiated more than 60 days
after the last date of publication. Although the governmental agency
has determined in this instance that the action in question is not a
major action which significantly affects the environment, any plaintiff
seeking judicial review to require preparation of an environmental
impact statement will have to allege that the action was, in fact, a
major action significantly affecting the quality of the environment. If
the court overrules the governmental agency's decision and holds that
the action was a major action significantly affecting the environment,
then the suit will be barred if 60 days has elapsed; if the court agrees
with the governmental agency and holds that the action was not a
major action significantly affecting the environment, then an impact
statement did not need to be prepared in any event.148
The negative declaration situation, however, places the developer
who wishes to invoke the statutory bar in a difficult situation. While
publishing the notice provided for in Section 2 may have the effect of
prohibiting any challenge initiated more than 60 days after the last
147. Ch. 179,§2, [1973] Wash.Laws 1st Ex.Sess.,provides: •
Any action to set aside, enjoin, review,or otherwise challenge any such action
of a governmental agency with respect to any private project on grounds of
noncompliance with the provisions of this chapter shall be commenced within
sixty days from the final date of publication of notice of such action,or be barred.
148. This reasoning would not apply to a cause of action based upon the sub-
stantive provisions of SEPA. Agencies are required to follow the policies of SEPA,
and to give environmental values appropriate consideration "to the fullest extent
possible." WASH. REV. CODE §§ 43.21C.030(1), (2) (b). Agencies are directed to use
"all practicable means" to carry out the goals of id. § 43.21C.020(2).Neither of these
duties is limited to"major‘actions significantly affecting the quality of the environment"
which applies only to the impact statement requirement of id. § 43.21C.030(2) (c).
In comparison with the uncertain draftsmanship of the statutory bar in Section 2,
see the specificity of the provision in California's Environmental Quality Act of 1970.
CAL.PuB.RES.CODE§ 21167(West Supp. 1973).
544
' State Environmental Policy
date of publication, such publication invites a challenge to the validity
of a permit within the 60-day period.149
The policy of Section 2 of bringing to the public's attention govern-
mental actions involving "major actions significantly affecting the
quality of the environment" is praiseworthy. For those who promoted
this provision on the grounds it would provide certainty and eliminate
litigation, however, a disappointment maybe in the offing. Over the
years,the authors have observed that most governmental actions under
regulatory programs pertaining to individual private projects are not
noticed by the public. The enactment of SEPA has not markedly
changed this situation. As a result, time periods for challenging such
actions, more often than not, slip silently by.Through the broadcasting-
of information to the public, Section 2, however, may be the lightning
rod which triggers the very litigation which would not otherwise have
developed.
Section 3 of the 1973 amendments to SEPA contains the following
provision:
• In any action involving an attack on a determination by a govern-
ment agency relative to the requirement or the absence of the require-
• • ment, or the adequacy of,a "detailed statement", the decision of the
government agency shall be accorded substantial weight.
Although courts frequently state they will accord "great," "substan-
tial" or "considerable" weight to administrative determinations, such a
phrase has never signified a coherent standard of judicial review. Sec-
tion 3 probably does no more than restate existing law to the effect
that courts will not substitute their judgment for the judgment of an
agency on a disputed factual issue, and that the burden of showing an
agency decision to be unlawful is upon the party attacking that deci-
sion.15°
149. To take advantage of Section 2, a publication must be undertaken on the
basis that it is a "major action" regardless of the correctness of that contention.This
approach offers the greatest of gambles on the part of the person taking such action
for, if litigation is initiated based on the need for an impact statement when one was
not prepared,the person causing the notice to be published is in the awkward position
of denying the need for an impact statement at such litigation after publicly stating
in writing it was a"major action."The developer perhaps could publish notice without
stating whether or not the project was a major action significantly affecting the environ-
ment by simply describing the project and stating that notice was being published
pursuant to Section 2.
150. City of Medina v.Rose,69 Wn.2d 447,418 P.2d 462(1966).
545
•
• Washington Law Review Vol. 49: _,09, 1974
In summary, the 1973 amendments to SEPA contain pr evisic_ of
questionable value. The determination of the Legislature to ruts-
. SEPA further during the remainder of 1973 and the public legisiatine
hearings subsequently held indicate that the amendatc a ia-
during 1973 were quite clearly orily interim solutions.151
IV. SEPA—ITS SHORTCOMINGS AND
POSSIBILITIES FOR IMPROVEMENT
In the two and one-half years since its enactment, SEPA has no:
yet penetrated into the interstices of the decision-making p-ocettes t
most state and local agencies. There are many reasons for la k o=
implementation of SEPA's policies and procedures. To many go.ve--
ment officials, especially during its first year, SEPA contained ne'_in
more than statements of unenforceable, lofty ideals. To others, with
more perceptive eye, its revolutionary message threatened 1-mg�� -
lished and comfortable mechanisms of decision-makir_..
directive to change governmental life style discomfited even its mom:
sympathetic governmental supporters.
SEPA has recently begun to penetrate bureaucratic bathers.Hem=
ever, two severe shortcomings currently impede full implemen ati
of its provisions. The most critical problem with SEPA is that m
governmental agencies, state and local, lack the budget .and man-
power necessary for full compliance, particularly with the
statement requirement which SEPA places upon their shou&rs..
The only governmental agencies with resources adequate r:o ctmpi
with SEPA are those charged with major project construction, s-
as the Department of Highways and, possibly, two or ttntee ` the
richest counties and cities. The poorer governmental -ur i s, such as
large, sparsely settled counties, cannot possibly meet fully SEPA"s
orous requirements. Even agencies with strong sympathies for SPA,
such as the Department of Ecology, have considerable d cul_,
151. The Committees on Ecology of the Washington Senate amtl, Horse for
Representatives have been authorized to evaluate SEPA. S.F. Res.. Arr. 15. 197-3,
Subject Referral by House Rules Committee to House Ecology Committee.Oct.C 19^'-
Both Senator Nat Washington, Chairman of the Senate Ecology Cotromitt r-ra -
Representative Edward T. Luders, Chairman of its House counterpart atnticipsz t
Legislature will enact amendments to SEPA during 1974.Conversa:ioc with
Nat Washington and Representative Edward V.Luders,Dec.4, 1973.
546
State Environmental Policy
ministering regulatory programs in a manner consistent with its direc-
tives.152
Of the various proposals to alleviate this financial problem, three
seem worthy of further consideration. The first involves agency fi-
nancing. The legislature should never approve the capital construction
budget of any state agency until, after close scrutiny of the agency's
budget proposal, the legislature is fully satisfied that the agency has
included sufficient funds to fulfill SEPA's requirements. In addition,
the legislature should consider increasing the appropriations of those
agencies with environmental expertise (e.g., the Departments of Ecol-
ogy, Fisheries, Game, Natural Resources and Social and Health Ser-
vices) to allow these departments to include substantial scientific data
in their comments upon proposals and draft impact statements sub-
mitted by governmental agencies.Such funding would enable develop-
ment of a central reservoir of scientific expertise from which local gov-
ernments and concerned parties could draw. Further, the Legislature
should consider authorizing all governmental agencies faced with a
private proposal requiring an impact statement to pass on all or a
portion of the costs of preparing the statement to the proponent of
the activity.
A second major problem with SEPA is that it lacks a"mother hen."153
Unlike NEPA, SEPA did not authorize any person or agency to
oversee or interpret its provisions. Some unit of state government must
be given authority to develop enforceable rules of interpretation and
implementation applicable to all branches of state and local govern-
ment. These rules could include: criteria for determining "major ac- ,
tions significantly affecting the quality of the environment;" elements
for inclusion in detailed statements; a listing of categories of actions
exempted from the detailed statement requirements; and procedures
152. Conversations with John A. Biggs, Director, Department of Ecology, July
& Aug., 1973. Mr.Biggs is perhaps SEPA's strongest supporter among administrators
of state agencies. He is first to state that his unit is often not able to comply with
SEPA in the manner he would like, due primarily to budget, manpower and time
limitations.
153. Section 3 of H.B. 616, reported out of the House Committee on Ecology in
March, 1973, authorizes the Department of Ecology to make general rules for the
implementation of SEPA. The Senate Ecology Committee is presently conducting
hearings on proposed legislation, which would make the Department of Ecology
the "mother hen" Governor Evans supports this approach. Conversation with Gov-
ernor Daniel J.Evans,Jan. 17, 1974.
547
• Washington Law Review Vol. 49: 509, 1974
r
for determining the responsibility for preparing a single detailed state-
ment when more than one governmental unit is involved in decision
• making.
The value of granting such powers, if wisely implemented, could be
great. A mechanism for interpreting and applying SEPA on a uniform
basis would eliminate much of the uncertainty that now prevails in
both governmental and private sectors. Use of uniform procedures
would tend to reduce wasteful, disorganized procedures now in effect
in many governmental units and would provide procedures where
they do not exist. Finally, the ability of a governmental unit to
enforce SEPA undoubtedly would motivate reluctant agencies to
comply with its provisions.
V. CONCLUSION
The passage of the State Environmental Policy Act of 1971 repre-
sents an effort by the Washington State Legislature to bring an end to
the thoughtless, uncoordinated process of decision making in gov-
ernment—a process which too often has imposed an eye-scratching,
unhealthful environmental blight on areas of our state and has produced
wasteful uses of our state's natural resources. Unfortunately, imple-
mentation of SEPA by units of state and local government in
Washington has barely begun.
The legislature can assist greatly in attainment of the goal of full
implementation of SEPA by providing for a central agency to inter-
pret and enforce SEPA's provisions, and by furnishing to each govern-
mental unit the financial means and other resources necessary to
carry out its mandates. Yet, these legislative actions, even when cou-
pled with judicial pressures, cannot assure that SEPA will indeed
"seep" to the center of the decision-making process.
The real threat is that even with fully funded and informed govern-
mental decision makers overseen by a "mother hen" and the courts,
the policies and directions of SEPA will not be carried out. Rather
than attaining full compliance with SEPA, the possibility exists that
governmental agencies will develop precisely drawn procedures,
• painstakingly followed, which will produce hollow, environmentally
meaningless decisions complying with the letter but not the spirit of
the law.
• In the final analysis, successful implementation of SEPA rests pri-
548
M ,
State Environmental Policy
marily with the public officials charged with its implementation. The
legislature can provide tools and money. It cannot, however, provide
the spirit, the motivation or the good-faith intention to follow and
implement the environmental policies which SEPA has prescribed for
Washington.
•
r -
•
549
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REgrON M RKSTI±.Jt P.UANT ��
: EGINNING
OF FILE
FILE TITLE 5 ; EC I ' L PERMIT 5 P- 7 3 4/ - 73
SHEI.I. Ot4 GQMPRNY IN 14 - 1 ZdNE
C �5 � 7� PUB. kEHR1NG 'BY CITY GOUNCIl.
s/ aco / 7y
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ROBERT E. GRANT
400 Building
•---BELLEVUE,-WASH7-98004 •
Sr: Real Estate Representative Phone: GL. 5-5555
SHELL OIL COMPANY Tacoma Phone: MA. 7-2186
•" ctil%C.;', 7' ,-Kei7A-c;z2 p'r-vz-" -to r--(-Alt, (.2-2..2Apn_ka,,t,_rri,' L., -4
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APPLICATION FOR SPECIAL PERMIT
City of Renton Planning Department
M. B . Harrington , Manager, Marketing Engineering
Phone713-220-2701
1. Name Shell Oil Company
Address Rm. 1180 , Two Shell Plaza, Houston Texas 77001
2. Property location 0 . 2 miles southeast of Longacres Race Track
3. Legal description (attach additional sheet if necessary) _______________ /
See attachment ,
r
, , \4. Number of acres or sq. ft. 25 acres Present zoning H-1
J .
5. What do you propose to develop on this property? We propose to
construct a petroleum marketing plant on this property .
6 . The following information shall be submitted with this applicationale
A. Site and access plan (include setbacks , existing
structures, easements, and other factors limiting 1" = 50 '
development)
B. Parking, landscaping and screening plan
1" = 20 '
C. Vicinity map (include land use and zoning on • 1" = 200 '
adjacent parcels)
D. Building height and area (existing and proposed)
i
I '
FOR OFFICE USE ONLY
File No . SP- rf1-1-- 173 Fee $25 . 00
Date Rec' d 6-$$-13 Receipt No . 5449
PLANNING COMMISSION ACTION: ,
Date approved
Date denied 7/�? 51/7 ,‘
Date appealed 77,25?,,/.911
Appeal action
Remarks
•
•
. / A
12/69
. 1
5 l v
•
CITY OF MERCER ISLAND, WASHINGTON
ecel
July 23, 1973
Planning Commission
City of Renton
200 - Mill Ave. So.
Renton, Wa. 98055
RE: Major Regional Projects
Dear Commissioners:
The City of Mercer Island Planning Commission, as part of its review functions,
considered at a Public Hearing on July 18, 1973, several projects both on
the Island and near Lake Washington that may have a significant impact on
the Island and the Lake. Several of these projects discussed, are or will
be in the future under consideration by the City of Renton staff, Planning
Commission or City Council . It appears that some of these projects may
be of potential concern to the citizens of the Island.
The City of Mercer Island Planning Commission, therefore, respectfully requests
that we and our City staff have an opportunity to review the projects listed
in the attached letter of July 9, 1973 to your Planning and Public Works
Directors. This review would necessarily come prior to any final approval
of these projects. We would also welcome the opportunity to meet,jointly
with your Commission and staff as well as other Commissions in the area
such as Bellevue to discuss these matters.
Thank you for your consideration of our request.
Very tr your
OW4 _
Don Frothingham, Chairman
Planning Commission
DF:dg CC: Renton Clity 'Counci1
aECEIVEo 0Mayor Avery Garett
Renton Planning Director JIU 24 1973
Mercer Island City Manager (:0/117-71 ,4eNsN\
A.
Encl . (1 ) yy4V �����
G DEf?
3505 88th Avenue S.E. • Mercer Island, Washington 98040 • (206) 232-6400
CITY OF MERCER ISLAND, WASHINGTON
•
July 9, 1973
Mr. Gordon Ericksen
Planning Director
City of Renton
20- Mill Ave. So.
Renton, We. 98055
Dear Mr. Ericksen:
This letter is to formally confirm a request by the City of Mercer Island to
review any Impact Statement for projects which might have an affect upon
Lake Washington or the tributary areas of Lake Washington such as the Cedar
River or May Creek.
It is our understanding that you have before your staff, or other city
staffs, various projects which might fall within this general classification.
We have appreciated your response on our questions in the past on such
projects as the Renton Field Expansion and the Boeing Hydrofoil Program
and the receiving of Environmental Impact Statements when they have been
filed. It seems appropriate that Impact Statements should be necessary for
the following projects as we understand them to date:
1. The Olympic Pipeline.
2. The oil burning and fire fighting facilities on Renton Field for
the Boeing Company.
3. Any proposed Master Plan expansions by the Port of Seattle in
the Green River Valley or near Lake Washington..
4. Any frill within the flood or alluvium plains of the Green or Cedar
Rivers such as projects similar to the proposed Burlington Northern
56 acres of fill .
5. The Boeing application or ramp and dock facilities to be utilized
in their Hydrofoil Project.
3505 88th Avenue S.E. •' Mercer Island, Washington 98040 • (20(i) 232-6400
,w,
Mr. Gordon Ericksen
July 9, 1973
Page 2
6. The Shell Oil Company' s application for tank farm storage in a
heavy industrial zone of Renton near I-405. Any project, including
application for the storage of raw or processed petroleum products
in this area, it would appear an Impact Statement is appropriate
and we would appreciate receiving Assessments as well as Preliminary
and Final Statements.
7. Quandall Terminal Project; any development in this area, particularly
if it involves a dock of greater than 100 feet, any sizable number
of boat slips or the refining and/or handling of any petroleum
products potentially involves both significant visual and environ-
mental impacts on the east side of Mercer Island; therefore, we
request that any information pertaining to th?s application and
any relevant Assessments or Statements be sent to our Department.
In general , it is not our intent to express significant concern over some
of these projects, however, rather to act as a clearing house for questions
from Island citizens and public agencies. I have been directed by our
Environmental Impact Statement Committee, consisting of both staff and
Council members and by our Planning Commission to review these projects
and report their nature and extent in the near future. I appreciated your
cooperation on the phone the other day and would appreciate any information
forthcoming relevant to these projects.
Sincerely._ .,
Robert W. er-----pel/-1>-1.4 . 912 ----
ssistant Director of Planning
(Environmental Coordinator-
Environmental Impact Statements)
RWT:dg
•
cc: Warren Gonnason, Renton Public Works Director .
Deputy City Attorney
Environmental Impact Statement Committee i
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SPECIAL PERMIT APPLICATION: '
'
SHELL 'OIL CO. ; Appl. No. SP-734-73; special permit to construct a •
petroleum marketing plant in H-1 zone; property located approx. 1/2
mile west of East Valley Highway, midway between Olympic Pipeline-
Mobil Oil site and Longacres Race Track.
APPLICANT Shell Oil Company TOTAL AREA 25 acres
PRINCIPAL ACCESS Private easement from East Valley Highway
EXISTING ZONING H-1 (heavy industrial) •
EXISTING USE Undeveloped
•
PROPOSED USE Petroleum products marketing plant (tank farm)
COMPREHENSIVE LAND USE PLAN Heavy Industrial
COMMENTS Site is adjacent to the present Mobil Oil Products Plant
and Olympic Pipeline Terminal. Questions must be answered both to
the quantity and quality of these types of facilities in the City
of Renton. An environmental• impact statement has been submitted
and should be reviewed prior to granting of a special permit.
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SHELL •OIL CO. ; Appl. No. SP-734-73; special permit to construct a
petroleum marketing plant in H-1 zone; property located approx. 1/2'
mile west of East Valley Highway, midway between Olympic Pipeline-
Mobil Oil site and Longacres Race Track.
APPLICANT Shell Oil Company TOTAL AREA 25 acres
PRINCIPAL ACCESS Private easement from East Valley Highway
S
EXISTING ZONING H-1 (heavy industrial)
•
EXISTING USE Undeveloped
I PROPOSED USE Petroleum products marketing plant (tank farm)
COMPREHENSIVE LAND USE PLAN , Heavy Industrial
' COMMENTS Site is adjacent to the present Mobil Oil Products Plant
and Olympic Pipeline Terminal. Questions must be answered both to
•
the quantity and quality of these types of facilities in the City
•
of Renton. _ An environmental impact statement has been submitted
and should be reviewed prior to granting of a special permit.
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SPECIAL' PERMIT APPLICATION:
SHELL OIL CO. ; Appl. No. SP-734-73; special permit to construct a
petroleum marketing plant in H-1 zone; property located approx. 1/2
mile west of East Valley Highway, midway between Olympic Pipeline-
,' Mobil Oil site and Longacres Race Track.
APPLICANT Shell Oil Company TOTAL AREA 25 acres
•
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EXISTING ZONING H-1 (heavy industrial)
EXISTING USE Undeveloped
PROPOSED USE Petroleum products marketing plant (tank farm)
COMPREHENSIVE LAND USE PLAN Heavy Industrial
•
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and Olympic Pipeline Terminal. Questions must be answered both to.
•
the quantity and quality of these types of facilities in the City
of Renton. Various comments have been received and reviewed with '
Shell Oil Co. , and its representatives are in the process of re-
searching and rewriting the impact statement.
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SPECIAL PERMIT APPLICATION:
SHELL OIL CO. ; Appl. No. SP=734-73; special permit to construct a
petroleum marketing plant in H-1 zone; property located approx. 1/2
mile west of East Valley Highway, midway between Olympic Pipeline-
' Mobil Oil site and Longacres Race Track.
APPLICANT Shell Oil Company
TOTAL AREA 25 acres
PRINCIPAL ACCESS Private easement from East Valley Highway
EXISTING ZONING H-1 (heavy industrial)
}
EXISTING USE Undeveloped '
PROPOSED USE Petroleum products marketing plant (tank farm)
COMPREHENSIVE LAND USE PLAN Heavy Industrial
COMMENTS Site is adjacent to the present Mobil Oil Products Plant
•
and Olympic Pipeline Terminal. Questions must be answered both to
the quantity and quality of these types of facilities in the City
of Renton. Various comments have' been received and reviewed with
Shell Oil Co. , and its representatives are in the process of re-
searching and rewriting the impact statement.
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SPECIAL PERMITAPPLICATION:
SHELL OIL CO. ; Appl. No'. SP-734-7'3; special permit to construct a
1 petroleum marketing plant in H-1 zone; property located approx. 1/2
i mile west of East Valley Highway, midway between Olympic Pipeline-
; Mobil Oil site . and Longacres Race Track.
APPLICANT Shell Oil Company TOTAL AREA 25 acres
PRINCIPAL ACCESS Private easement from East Valley Highway
EXISTING ZONING H-1 (heavy industrial)
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EXISTING USE Undeveloped
i
PROPOSED USE Petroleum products marketing plant (tank farm)
COMPREHENSIVE LAND USE PLAN Heavy Industrial
COMMENTS Site is adjacent to the present Mobil Oil Products Plant
and Olympic Pipeline Terminal. Questions must be answered both to. t
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the quantity and quality of these types of facilities in the City
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of Renton. • An environmental impact statement has been submitted
and should be reviewed prior to granting of a special permit.
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_�� LEGAL DESCRIPTION OF PARCEL #1
i/ =,4ti-
e;- • OPL FEE PROPERTY NO. 15 •That portion of the northeast quarter of' the northeast quarter of
Section 25, Township 23 North, Range 4 East W.M., County of King, •
State of Washington, described as follows:
•
Commencing at the Northeast corner of said Section 25;
thence South 0°49' 10" West, along the East line of said
• Section= 25 a distance of 180.01 feet to an intersection
with a line parallel to and 180 feet Southerly, measured
at right angles to the North line of said Section 25;
thence North 89°52' O1" West, parallel with said North
. . line, 20.00 feet to an intersection with a line parallel
•
to and 20 feet Westerly, measured at right angles to the •
East line of said Section 25; thence South 0°49' 10" West -
• along said parallel line 554.32 feet to the True Point
• of Beginning; thence North- 88°24'48" West a distance of
1027.60 feet to a point; thence South 1001'19" West, 525.16
feet to a point; thence South 88°24'48" •East 1029.43 feet
to a point on a line parallel to and 20 feet Westerly. of, •
measured at right angles to the East line of said Section
25; thence North 0°49' 10" East along said parallel line,
520.05 feet to the True Point of Beginning and containing
in all 12.28 acres, *Lore or less, BUT RESERVING unto the
• Grantor, its successors and assigns a permanent easement ,
for road purposes over, across and upon the northerly 30
• feet thereof; . -
(jra Fit
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TOGETHER with a permanent non-exclusive easement for road4purposes,
for the benefit of the property conveyed over, across and upon:
(1) . The Southerly 30 feet of Tract No. 2.
. (2) A 60 foot wide strip of land in the northwest quarter of
. the northwest quarter of Section 30, Township 23 North, Range 5
East, .W. M. described as follows: •
• The Southerly 30 feet of Tract No. 3 and Tract No. 5 and
. the Northerly 30 feet of Tract No. 4. • •
SUBJECT TO:
(1) Declaration of Protective Covenants dated February 16, 1965,
executed by Glacier Park Company, a corporation, and recorded
March 9, 1965, under Auditor' s File No. 5852490, records of King County;
(2) Reservations and exceptions contained in deed dated •
August 12, 1965 from Glacier Park Company, a corporation, to Grantor,
recorded in Volume No. 4698 of Deeds, Page 290, records of King County;
%
• (3) Easement for power line transmission over a portion of the
1 property conveyed, as granted by instrument dated February 14, 1966, in
favor of Puget Sound Power and Light Company and recorded March 1, 1966
\ '
under Auditor' s File No. 5994715, records of King County.
•
A; l n r
AFFIDAVIT! 7 '
I Shell Oil Company being duly sworn, declare that I
am the owner of the property involved in this application and that the
foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of.
my knowledge and belief.
Subscribed and sworn before me
this J a? day of 19?
Notary Public in and f the State of
Washington, residing a
;4:7
' ( me of Notary Public) (S . nature of Own )
. B . Harringt n, Manager
`f o tb —/o ,,Q., o- N1,,D3LP-\)----ka4, Marketing Engineering •
Twn ShP11 P1a7A
(AddressJ.��`"' "'" �I (Address)
_ .c�;`zs�r,3+{1;;,� >;IN Houston , Texas 77001
�' ` (City) (State)
`, '°''� '' = e ��. $ 713 - 2 2 0-2 7 01
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:..'C6F' Y4AS,% ,� (Telephone)
•
(FOR OFFICE USE,_ONLY)
/
CERTIFICATION,
This is to certify that the foregoing application has been inspected by me
and has been found to be thorough and complete in every particular and to
conform to the rules and regulations of the Renton Planning Department
governing the filing of such application .
Date Received , 19 By:
Renton Planning Dept.
Revised May 1970
1
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weekly hewspaper in Renton,- ;
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._
NOTICE OF PUELI.0 HEARING
RENTON PLANNING COMMISSION
RENTON , WASHINGTON
i
A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION AT ITS
1 REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON , .
ONseptember 26 , 1973 , AT 8 :00 P . M . TO CONSIDER THE FOLLOWING
I PETITIONS : .
' 1 . I REZONE FROM G6000 to L-1 file No. R-743-73 ; property located on
Grady Way South between Lind and Seneca S . W. Legal description
on file in Planning Department office .
2 REZONE FROM G to B-1 , file R-747-73 ; property located approximately
' 150 feet east of Park Ave . , North , on N . 30th St . Legal description
on file in Planning Department office .
' . 3 . I SPECIAL PERMIT TO CONSTRUCT A PETROLEUM MARKETING PLANT IN "H-1 "
ZONE , file No . SP-734-73 ; property located approx. 1 /2 mile west,'
of East Valley Highway , midway between Olympic Pipeline-Mobil Oil
site and Longacres Race Track . Legal description on file in Planning
' Department office .
4 . SITE APPROVAL for addition to Highlands Community Church to provide
space for religious education and recreation in an R-1 Zone ; file No .
SA-738-73 ; property located on Kirkland Ave . N . E . between N . E . 9th
I and N . E . 10th Sts . Legal description on file in Planning Department
' Office .
5 . 1SITE APPROVAL for bus storage garage and bus parking facility in R-1
and R-3 Zones (for Renton Assembly of God Church ) ; file No . SA-739-73 ; ,
s
property located on S . W . corner of Taylor Ave . N . W . and N . W. 2nd Place .
( Legal description on file in Planning Department office .
6 . ' SITE APPROVAL for multi -phase wire granulating system for recycling
! of industrial use copper and aluminum wire in H-1 Zone ; file No .
SA-744-73 ( for Sternoff Metals Corp . ) ; property located on So . 180th St .
iLegal ' description on file in Planning Department office .
7 . , SITE APPROVAL for aircraft research and development facility in P-1
, Zone (for Dominion Aircraft Corp. ) ; file No . SA-745-73 ; property
located on NW side , Renton Municipal Airport . Legal description on file
i'n Planning Department office.. -
8. .' SITE APPROVAL for aircraft maintenance and storage facility in P-1
! Zone (for Puget Sound Power & Light Co . ) ; file No . SA-746-73 ; property
Iloc ed on w s s de Re on Municipal Airport . Legal description on file
i n �tCanni ng �e ar�me>�t ofi�i ce .
ALL : PERSONS INTERESTED OR OBJECTING TO SAID PETITIONS ARE IVIT1973O BE
PRESENT AT THE PLANNING COMMISSION MEETING ON September 26 ,
AT 8 : 00 P . M. TO VOICE THEIR PROTESTS OR OBJECTIONS TO SAME .
Bylund�V . Wik , , SECRETARY
PUBLISHED SeptemhPr 16 , 1973 RENTON PLANNING COMMISSION
' CERTIFICATION
I
I , i nkc�,��e� SA J\.., HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE .
DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY
DESCRIBED ABOVE AS PRESCRIBED BY LAW.
ATTST : Subscribed and sworn ��. ,
1 to before me ; a Notariy Public , SIGNED ��
i on the N day of S.z,vk ,
19 13 .
I
j
t �
NOTICE OF PUDIC HEARIN . .
RENTON PLANNING COMMISSION
RENTON , WASHINGTON
A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION AT ITS
• REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON ,
ON June 27 19 73 , AT 8 : 00 P . M . TO CONSIDER THE FOLLOWING .
: PETITIONS :
, l. REZONE FROM "G" TO "L-1",, file No. R-735-73; property located
at 1404 S.W. Grady Way. Legal description on file in 'Planning
Department office.
'2 . SPECIAL PERMIT TO CONSTRUCT A PETROLEUM MARKETING PLANT IN.
"H-1" ZONE, file No. SP-734-73; property located approx. 1/2
mile west of East Valley Highway, midway between. Olympic
Pipeline-Mobil Oil site and Longacres Race Track.
3. SITE APPROVAL IN "P-1" ZONE, file No. SA-736-73 ; site approval
for live fire drill area; property located on east side of
Renton Municipal Airport, adjacent to perimeter road, approx.
' 1500 feet south of north end of runway.
1 .
ALL PERSONS INTERESTED OR OBJECTING TO SAID PETITIONS ARE INVITED TO BE-
- PRESENT AT THE PLANNING COMMISSION MEETING ON June 27, 1973
• AT. 8 : 00 P . M . TO VOICE THEIR PROTESTS OR OBJECTIONS TO SAME .
Anthone R. Mola , SECRETARY,
PUBLISHED June 17 , 1973 RENTON PLANNING COMMISSION ,
• r, CERTIFICATION •
I, , Michael L. Smith _ , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE"
• DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON-- THE PROPERTY
DESCRIBED ABOVE AS PRESCRIBED BY LAW .
- ATTEST : Subscribed and sworn
'to before. me , a Notary Public , SIGNED '
on the day of _j , •
• 19 ;,, '>,
— _ ......,
... t
•
. .
V. .
. . .
. .H.Public Notices
. ,
1
, - : • 3.. REZONE'FROM G6600.to L- '
• 1 file No. F043-73;'property lo:
cated on'Grady Way South' be-
,tween Lind and Seneca. S. W. L -
gal description on file in Planning
• Department office.• :, ' • /
2, REZONE FROM Gl,TO 8-1, .'
I ,
file R-747-73; property,, located
approximately.1.50 feet east of •
Park Ave., North, on N.'30th St. , '
1 , Legal description on file in Plan-. ,
'fling Department:office.'
3. SPECIAL PERMIT TO.CON- ;
STRUT-A PETROLEUM,MARKET-
ING:PLANT IN'','141",ZONE, file . ,
•NO' SP=734-73.':'propertY located.:
.approx. 1/2 mile'west of East Val-'
ley- Highway, midway between
'Olympic Pipeline-Mobil •Oil site'
and'Longacres Race Track. Legal :•
',description, on file in:.Planning,
'1: Department office. , ''. ; .
4. SITE APPROVAL for addition
tot'.Highlands„,Cornfriunity.,Church,,,
t to provide space. for.:religigus v.
F education and recreation in.an R-
1
2one; file No, SA-738-73I prop-
erty located op Kirkland Ave. N.E.
between N.E.,9th and N.E. 10th
:Sts.,Legal.description on file in
Planntng'Department office, •
5:'SITE' APPROVAL for bus
, storage garage and bus parking ,
' facility in:R-1'and R-3 Zones (for
'Renton Assembly of God Church);A.
i file No'. SA-739-73;._property loc „at-
ed'on,S.W.',corner of:Taylor Ave.-.-':
. :• yN:W.l' ncl;N.W,,2nd.Place:' Legal'
description 'on filerin:planning
Department office.''..,'''',',1,•l',' -I ,.:-;
0:z,SITE•APPR,OVAL-,for multi-"'
. -;,".• - :,:phase wire granulating. Steni,for 9'
i,recycling'-of inddstrial,'Use copper ‘",
; .
. , ';and aluminum wire In H-1 Zone;
,--file.,No::SA-744;73, (for Sternoff:',I
VAppls:COrp,)';;properti'loOted,ontii
. . SC!,il8Oth.pt.:Legal description on 4
, • 4file;in Planning Pepartment office-,V
',7,'SITE APPROVALforiaircraft'4
,,
!.research andI development facility
'•;;-..in'pa'?Zone (for Dominion Aircraft,'
,,Z
. 5.,pO1o,) file No SA proper.:"':;
'• lo c at e c I,on NW,'side,'.Renton :
titeMunicipal Airport.,'Legal:descrip-:4;
ti,tion en file.In''Planning Depart-'._
,,.:nnent officti.,'• ; ',-I-•i',6•,•,' '. ,:.; ,,:, , ,
P% '.'8. SITE APPROVAC,Ifor'aircraft
eintenance And,.storagefacility.::,
In P-1;,ZoneviVor Puget-Sound:.
l:'POWen:44,•Eight'Co.)flilello:$A-i':
„ ::-:.746-73;t,property'.19cated'on.west,,
.;:side; 'Renton.iMunIciPalAirporL,:,.
Legal deScriptiqn on',filli111-PlP-'/
:hIng Departmerit;office: EO' ' .
'. :I. . .
4,-; ' ALL'PER$ONV,INTEREST OR,.
, . ( OBJECTING''TO :SAID. PETITIONS
VARE:INVITED'TDgI,PRESENT AT•::
'PLANNING'' COMMISSION.
'!•'..''M$ETING ON 5ePterpher 26, 1973:1
. 1 AT'800-P,I+4.'.4TO'VOICE' THEIR',
PROTESTS:l'pKIpBJECTIONS 'Tc,vc,
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docuirient',wer'e';posted by me In •
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lobeforelne„al Notary Pu011oo ori..•:,
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ti
PLANNING DEPARTMENT • RENTON,WASHINGTON
a Jim MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • ZX1L' XIXBC
mom
9 *0 235-2550
404.T CA PITA�0
December 28, 1973
Ed Burgen
Shell Oil Company
Room 1194
Two Shell Plaza
Houston, Texas 77001
RE: Shell Impact Statement
Dear Mr. Burgen:
Pursuant to our telephone conversation this
morning, attached is Resolution No. 1864 , which
is the City' s six-year street program. This cov-
ers a period from 1974 through 1979.
Should you need additional information, please
contact me.
Very truly yours,
,/&
Gary R. Kruger
Associate Planner
•
Enclosure
•
SHELL OIL COMPANY
TWO SHELL PLAZA
P. O. BOX 2105
HOUSTON, TEXAS 77001
December 27, 1973
• Subject: NPDES Permit
Renton, Washington Plant
•
Mr. Ken Mauermann
State of Washington
Department of Ecology
15345 N.E. 36th Street
• • Redmond, Washington 98052
Dear Mr. Mauermann:
Reference is made to your letter of December 21, 1973, on our -
NPDES 'Permit application for Shell's proposed Marketing Distribution Plant
at Renton.
As requested, we have photo copied the permit application
which was directed to the E.P.A., • and it is attached for your use.
Please advise us if you have any additional questions.
Very truly yours,
/ (j /
/ J. F. Weiler, Manager
Plant/Environmental Engineering
Marketing Engineering
Attachment
ERB:cdn
•
bcc: Mr. Clark Teegarden, Chairman Planning Commission
City of Renton
The Municipal Building
200 Mill Avenue South
Renton, Washington 98055
W \\—
•
42 0 e 0 ® The four-county agency is con-
, h� "� Via: * • AiF�, . `` e ' ` '� cerned, the staff reported rester
WI' 0 tr f 1,..,"•• . IC . I '- day, •
because of approaches made by
other petroleum companies to Ren
i:. ton City-Officials to eit
her or-
,
�1 locate st storage
facilities• at
_ the Lon acres site. Its concern is shored up by the immediate adja-
•
•
. � area cency of Olympic's major existing
ty r. - . and planned oil lines and subsidiary
_ lines runningwest from its Renton -
to
_
r hrn' I
F
cod ice- rid D Re C o - a ecerri ,.,7'' ber- 1- -1.97
Y�
Z
- _ in stationIs- um -Har Island
- to b 'r a d
B V- - - o
RGN ABU N I R S ® -
Y - - - .P g
andSea-Tavailability- ac lusof
the
The beginnings of,a:major.petro _;: week:as the'agency_took action you ,;tion.-It -would be.an addition to:an,: mental jurisdictions and agencies
.J - additional land-near that is suitable --
1 `=', chemical industry _in ;the Renton` :,the proposed=projects on-two differ-'_.:• existing16. inch line now coming •;"`-are involved.,:' ' , for further development. '- ' . -
area loom..if-the Renton, Planning `r .ent fronts, -y-a=,ti'- =; :'';=•,''• '' into Renton from the ARCO refin • ."Governments ` are fragmented, . The conference chieflyquestions
. -'Commission- approves oil_ storage ,: - :Shell is:seeking"approval for`the ` •ery at Ferndale : - _ - - over projects such as this," the con- -whether the -Green Rive Valley is .
facilities planned by Shell Oil and. -.
'z construction of eight,storage tanks . The conference this,week sent a ference declared. •- ` the proper location for these" facih= -
"" extension of facilities -by Olympic on a 25-acre site in'the immediate request for review to Gov. Dan The conference's committee on . ties, Ray Metzgar, assistant director
r Pipe Line. = , : :_ ,,.. = .vicinity of.Longacres," west of SR Evans of existing, -piece-meal poli- .intergovernmental relations is also of the conference's environmental
This was the warning of the Pug: .167; Olympic Pipe Line is seeking cies by which pipeline applications-,^ .-scheduled to review both Shell and planning department, declared: He -
et Sound Governmental Conference :-' approval•of a .proposed-20-inch oil "are processed when many govern- Olympic's application because of • •said decisions made by the Renton
to member city and counties this .line into its Renton:Pumping Sta-.,-�e,- -- ; ' --. _ . major regional land-use issues in- City Council and the city's planning ,
Y •-
= = = volved.
a . ":'...
.
.>-.. _-.. .._.,__.��.:...-...._ ... �..�., ---- --.- . ... ... .. . • • - -_--. commission will determine future
land .uses and growth patterns for-
many years to come. -
t. _ - - - _ =§z-r•.•*;;=- -- . _ --- -- - . _ _ -__ - -•_ A decision — at least for the
" - a :r o E =o J = a, efl o-Q V.>On Ja a c, b c .. 0 3 h ,- o _ Shellfacility— come as early
+-.. •yam' .��.bD L.c O O a, U U tp 7..�•
_ could
-: : - ... - L' cC C -to a a T,
r. -•: .,,.,:_..�, � •� o �.-: �-� �� `� `�� �'t'� � s a,:=, o �'-' :c,-S ,, ,, n.°.�, as Jan. 23, Renton Planning Direc-
:_o a,."='$ u-o-v o 'so E 23 m a =o cv a) .ca y w t �•a 3 .c o w - -c E"a i-_,.... .
„��.;`-�� _ .c , w, � �� . eo E,�� x � � �, �, o �;,�� �,:a,.-_ - � >.�a, � - _ tor Gordon Erickson- believes.
'" ` :_to-. a t1 o,S 3 `-' 9 ._� yi`" c- c" o `3 E•_ - . glir That's the date when the city's plan-
'4'-:; :=J: --:.2A c d ��s-c�a -> V g c26 d a d, Era;..R'a' E, c�'O ,..: $ ayi O ,-,.4 O -t .,�,0 c
i�. '>.,�m � E v, a, o �
- �` -,9, co F- a F2i.- 2 _-6 w = o a, =-Y E tom a cp �. : 1 = nine commission meets to discuss an
_= ;" ;�-r � ;s o _>.-�� L s°' ~,.iv R ai o "� 5 > = environmental impact statement
v a.' ccd
a,'t::--P; a,=.o o :-O ,., g y:ti"a a,y-- c, i a, a, oom a Is
> a
=:': _ ;� : a, css a 3 ce s� a._�:- > ., c: b >,>_W c c prepared b thecom an
�� =u, utinS.cn' 1:3CS coon a, � o c'• cvvm >, c. a, E a o a, P_ P Y company..
•,_, o n _r N c) o 8 75 N = iu . a o �'„ s, s = °' c _ vs a Erickson, as well as conference
-:!4— ::::...;'> 'gam a, Q.O.c ,n C c y y-� Rog,-> -O 3 m U O C L -a c d C to.•s C
--..�tA o-- E ms•—no q = o s�-x; o 8 ca y-.E: n-cs =-- a,�_ u s:__ officials, are concerned at the major
7:,7 ,p _5.¢ cn.-, = a°,x c it c, = v a 6 a, >: �' 2W c, > CO8- =O t-o cc:,,,, c•o-o = _
c:cs co, ;� O = ve,, a, ocn a, o�, �o _^ � p.,2..=` >,= w a, = a, oat ova, '
,, , .- land-use implications o e I
- _ v m a- 3 s.--. ca.� ---a E o in o ii > ca Fr r v ca E ,n.; a V a v w E= rt
_ . . . _ .. ...-.- _ and Olympic projects, although he
.. = = _w = (Continued on Page a i
R: -ma-- ca v c� c. d
4 QV R •?)
Q
C.) PLANNING DEPARTMENT • RENTON,WASHINGTON
MUNICIPAL BUILDING ® RENTON,WASHINGTON 98055 • 235-2550
O (;)
ch6tD SEA t* MEMORANDUM
December 20 , 1973
TO : Planning Commission
FROM: Gary R. Kruger , Associate Planner
RE : Update of Synopsis of Comments
on Draft Shell Environmental Impact
Statement
As of this date , 30 comments have been received on the
Draft Shell EIS . Additional comments are not expected ;
but should any be received , you will be advised. Two
agencies have submitted two sets of comments .
The November 20th memo on this subject may be dis-
carded , since this updates that memo . Attached is
a listing of those persons and agencies which have
submitted comments and a synopsis of their observa-
tions . The comments are listed in sequence of their
receipt by this Department .
Due to the regional implications of the proposed Shell
project , the Puget Sound Governmental Conference ' s
comments are submitted in their entirety for your in-
formation .
Attachment
PERSON/AGENCY COMMENT
Washington State Parks & Recreation No comment.
Commission
Olympic Pipe Line Company No objection to the proposed project.
City of Seattle Water Department The Department wishes that their 60 inch water
pipeline in the vicinity of the proposed project
be mentioned. f'
•
•
Mr. and Mrs. Robert J. Ryan They expressed the concern that the 160 oil trucks
per day is a minimum figure that would be expected
to increase substantially in the future.
Washington State Highway Commission No comment.
Washington State Department of Natural No comment.
Resources
Burlington Northern Burlington Northern Railroad wants the proposed
arterial (80th Avenue, South) through-Orillia
northward across FAI 405 to Sunset Highway men-
tioned in the text and noted on the map. .
•
Washington State Dept. of Game This Department is concerned about the following:
1. The proposed project is one of many which will
eventually culminate in the total development
of the valley.
2. The Department expressed concern that the site L
was cleared of vegetation and the fill placed
prior to the issuance of the EIS.
3. Item 2 above means " . . .an almost irretrievable
commitment of resources. "
4. The lower Green River Valley is " . . .one of the
few prime water fowl habitats remaining. "
5. "We would appreciate knowing what the statistical
probability of an oil spill is despite assurance
• that it would be contained within the site area. "
PERSON/AGENCY COMMENT
Washington State Department of Game 6. The Agency would like to know what the statisti-
(Continued). . cal probability would be of serious degradation
- - to the Green River for fishery sources from a
potential oil spill.
7. "It is difficult for us to agree with your con-
_.clusion that no significant long-term impacts
will occur, `:' . ® .if sound engineering, geologic
• and ecological practices are followed. ® " (page
29) .
8 The loss of prime agricultural soils is hardly
_ mentioned and is not mentioned under the section
Any Unavoidable Adverse Effects.
9. "Rationale for apparent rejection of alternatives
varied, but in no instance were the recreational,-
economic or intrinsic values of wildlife con-
sidered. "
10. "No direct mention is made of the irretrievable
loss of wildlife habitat associated with con.-
struction of this facility. Loss of farmland
is treated very lightly. . . .We would ask, how-
ever, that your final statement and decisions
. reflect the importance of these commitments."
King County Department of Public Works 1. The EIS is incorrect in its statement that there
is no comprehensive drainage plan. "Since 1966
the State Department of Ecology has been requir-
ing all development in the State Flood Control
Zone for the Green River to be compatible with
the approved plans for the East Side and West
Side Green River Watershed Projects, which are
the comprehensive drainage plans for this area. "
(See page 6 , 7b. )
2 . This Department is concerned that any sewer line
crossing the proposed P-1 Channel be designed to
take that crossing into consideration. (See
page 14 , paragraph 8f (4) .
- 3 -
PERSON/AGENCY COMMENT
3. There is some confusion about the local mean
elevation. "We believe the reference to 'local
mean elevation near 13 feet° is intended to
mean that the ground elevation in the subject
area is approximately 13 feet based on Mean Sea
Level datum "
Port of Seattle 1. The sections relating to landscaping, the access
road and fencing notes a difference of opinion
between Shell and the City. Some statement
should be included as to how these differences
will be resolved.
2. Other factors besides noise which would disturb
wildlife in their migratory patterns, breeding
or resting areas should be noted. (See pages
21 and 22. )
3. There is a concern expressed about spillage of
petroleum products within the dike and whether
these would seep into the ground. There is
some confusion as to what a "water bottom" is
and what would happen if the facility is un-
manned or undermanned.
i
4. Is there some activity in the valley which
might reduce the nutrient level and decrease c
the BOD for the Green River (Section B.f.2) ?
5. "In the same section (Section B. f.2) it would
be helpful to insert the units of each chemical
parameter in the accompanying figures. "
6. The increased runoff due to development of the
site should be quantified in terms of 10, 25 or
100-year and one-hour or 24-hour peak storms.
7 . Some precautions should be taken to prevent
and clean up spills in the undiked areas (ref-
erences pages 33 and 34) .
- 4 -
PERSON/AGENCY COMMENT
Port of Seattle 8. Your statement that Shell was "threatened"
(Continued) with condemnation (page 34) by the Port of
Seattle at their Harbor Island facility "is
simply not true. "
9. The Sea-Tac area as an alternate site was
dismissed for three reasons:
- a. Lack of availability of land
b. Poor access
c. The Sea-Tac pipeline is basically
a jet fuel facility.
The Port refutes these arguments.
10. "Given that the area will be heavily indus-
- trialized, a statement should be ,prepared
that discusses fully the effect of development
of the entire area and then review can be made
of this particular project in light of the
overall statement. "
Washington Department of Fisheries 1. The Department expressed concern about " . . .
the piecemeal absorption of our natural re-
sources in the Green River Valley. "
2. The Department requested that the second sen-
tence under "Aquatic Wildlife" (page 21) be
modified to read:
"Although there is considerable natural
spawning of salmon in this river, the
majority of the chinooks are released as
fry or fingerlings from the Washington
State Department of Fisheries Hatchery
located on the Soos Creek tributary. "
3. They also requested that the scientific name
for starry flounder be listed in Table 2 of
Appendix B as Platichthys stellatus.
- 5 -
PERSON/AGENCY COMMENT
League of Women Voters of KingCount 1:
South ,-- y "Were enough practical, possible locations of
oil storage and distribution of less adverse'
environmental consequences investigated?"
2. The League does not believe that adequate atten-
tion was paid to items A (on proposed .action) ,
B (existing conditions) , C (environmental impact
•
o£ the proposed project) , D (any unavoidable
adverse environmental impacts, F
r, =`; • (relationship .
between local short term environmental uses any
/
the maintenance and enhancement of productivity) ,
G. (any irreversible and irretrievable resource
commitment with the proposed action) .
3. "We also question whether the other statements
on alternative location do not address them-
selves more to the economics than the important
and varied environmental effects, so that objec-
tive decision making concerning alternative
locations is difficult with the information given?"
4. The League expresses some concern that the EIS
was prepared by Shell which in their opinion
•
could affect the objectivity of the document.
Seattle-King County They do not see any objection from a public health
Department of Public Health standpoint.
Mary Mattson She has the following comments: .
1. There is no reference to who drafted the EIS
-
and what their qualifications were, which
would be a factor in the credibility of the
document.
2 . This EIS covers just what may happen on the
south half of Shell property and does not
address itself to the north half.
- 6 -
PERSON/AGENCY COMMENT
Mary Mattson 3. If this proposed project were constructed,
(Continued) this would set a precedent for similar addi-
tional facilities in that immediate area.
4. Assuming similar facilities were to locate
in that area, the probability of air, water
and noise pollution would be increased.
5. A. more comprehensive EIS is needed to cover
" . . .all potential petrochemical industry that
will be located in that area. It also seems
to be a regional as well as local problem."
. Puget Sound Air Pollution Control Agency 1. Several changes were suggested on page 23 that
are primarily of a technical nature that con-
cern themselves with various measures of air
pollutants.
2. The air pollution emission factors for auto-
mobiles presented here are obsolete. The
second edition of EPA' s "Compilation of Air
Pollutant Emission Factors" should be used
(see page 33) .
3. "According to the best estimates we can make,
based on data supplied by that firm, replace-
ment of the Harbor Island facility would re-
suit in a decrease in hydrocarbon emissions. "
Washington State Department of Social No comment.
and Health Services
Bellevue Planning Department The Planning Department makes the following comments :
1. The probability of the proposed facility con-
taminating ground water and the Green River
•
should be stated statistically and should also
include the possible. contamination of flood
waters.
- 7 -
PERSON/AGENCY COMMENT
Bellevue Planning Department 2. Any precautionary measures taken to minimize
(Continued) the damage from earthquakes should be stated.
Also, if there is some parallel between the
Anchorage tank farm and the proposed facility,
this should be documented.
3. "Evaluation of other locations for the plant
has been made primarily on an economic basis."
4. ". . .Economic factors in locational analysis are
not the only considerations. In any case, the
economic factors have yet to be quantified, so
that a determination can be made as to whether
• or not they are significant constraints. As
the second pipeline is not completed, it is
not obvious what the alternative costs are. "
5. The City of Renton and other surrounding local
jurisdictions should make a determination whe-
ther they want to encourage the location of
refined petroleum products within their juris-
diction. Also, a question is raised whether
or not there is a casual relationship between
a proposed 20" Olympic pipeline and location
of the Shell facility in Renton.
6. Some mention of the emissions at the site
"from the tanks" should be mentioned. This
should include the probable maximum and aver-
age loss rates. •
7. The noise generated from the Shell trucks
should be added to the existing noise genera-
ted by the nearby Mobil trucks.
8. The statistical probabilities of fire and oil
spills should be mentioned.
- 8 -
PERSON/AGENCY COMMENT
Bellevue Planning Department 9. There appears to be a misunderstanding in the
(Continued) Irretrievable or irreversible amendments to
Resources Section regarding the loss of -farm--
land and industrial use. The point the Plan-
ning Department is making is that the loss of
farmland would be prime loss to the region
economically': -
10. "The selection (page 7) of IRDP (Interim Re-
gional Development Plan) goals to support thei,=
choice of location seems unique, especially La]
Use Policy (6) ; subpolicies (2) and (4) there-
under (IRDP - p. 21) appear to militate against
such a choice of location. "
U. S. Environmental Protection Agency The Agency does not foresee any major adverse
environmental effect other than those discussed '
in the document.
U. S. Department of Agriculture The Soil Conservation Service has the following
Soil Conservation Service comments :
1. The biotic communities were not measured
quantitatively. There is some concern that
there might be oil pollution in the proposed
/' P-l . channel from the Shell facility.
2. "The loss of prime agricultural land resources '
does not appear to be adequately recognized
in the Environmental Impact section of the •
Statement, nor is it noted at all in the
Unavoidable Adverse Environmental Effects
• section. "
3. The EIS should contain specific actions to be
taken to reduce adverse impacts during and
immediately following construction of the pro-
posed facility.
- 9 -
PERSON/AGENCY COMMENT
- Green - Or Tomorrow: . Green for Tomorrow lists the following concerns :
1.- "Renton officials must- first consider the
broader question of what the environmental
= impact will be if all the industrial zones
contained in the Renton Comprehensive Plan
were fully developed, and what alternatives
are possibleYtothe present plan. It is only
after full consideration is given to these
", . matters that the question of the impact of
this one plant should be reached
{ ,. V 2. "It is our position that Renton will be in `
violation of SEPA unless an impact statement
is first prepared dealing with the proposed
plan to alter land use in the entire Valley
area."
3. Green for Tomorrow is concerned that the EIS
was prepared by Shell, and to them this in
itself probably violates SEPA.
4. The loss of prime agricultural lands-sand the
near thermal capacity of Springbrook Creek
and the Green River are buried deep in the
report with little discussion.
5. "Another result of having Shell prepare the
statement is that only cursory examination
of the alternatives is made. And even then,
the discussion centers on economic rather
than environmental factors. "
6. The alternative of locating near Sea-Tac
Airport should be explored because the Port
plans to acquire large areas of land both
north and south of the runways.
- 10 -
PERSON/AGENCY COMMENT
Seattle Audubon Society The Audubon Society is concerned about the loss
•of marshes for the habitat of the short eared
owls and shorebirds .
-League of Women Voters of South The League has the following comments :
King County 1 . The planning,. and location of refined petroleum
products storage facilities should be done by-
a regional agency.
2 . The proposed facility may not be compatible w%
the environment.
3 . The EIS assumes that the SCS project (P Channels-)•
will solve the drainage problem, but this pro-
ject may not be completed "due to the strong
environmentalist oposition . "
4. The large amount of paving will have an adverse
effect on the watertable.
5 . The following types of water pollution are noted :
thermal , lead , and BOD .
6 . "From an air pollution standpoint , is a valley
the best location for industry?"
7 . The City ought to adopt an ordinance to regu-
late fills .
8 . The comprehensive land use plan should be up-
dated .
9 . A regional agency , not the City , should make
the decision concerning the approval of the
Shell facility.
Department of Ecology - D. O . E. has the following major comments :
1 . Data should be included on the water quality
of Springbrook Creek .
- 11 -
PERSON/ACaENCY COMMENT
Department of Ecology
(Continued) ____ 2 . "Rainwater draw -off_from the impoundment
should go directly to a separator. "
3. The dikes and impoundment area should be
impervious due to the amount of surrounding
water.
Charles Jo Perkins Mr. Perkins is concerned about the view of the
Valley from the adjacent hillside . Also he would
tell Shell to "take your industrial ghetto else-
where . "
American Association of University This organization is conerned about placing the
'Women proposed project on alluvium soils . The project
should be denied on the basis of the soils and
the possibility of "oil spills in this highly
populated area . "
Kevin Bannon Mr. Bannon lists the following objections :
1 . " I see the same •destruction of urban and
natural environment which underlies the
problems California and New York being re-
peated here . "
2 . The present wildlife habitat in the Valley
should be preserved.
3 . The special permit should be denied .
4. The comprehensive plan should be amended -
to include more environmental considerations .
5 . "The plant will generate a traffic increase
which the road system will not be able to
handle . "
6 . Alternative sites were not adequately con-
sidered .
- 12 - •
PERSON/AGENCY COMMENT
Kevin Bannon - 7. "Deni.al of Shell ' s request could be -the '
(Continued) beginning of a new birth for the " valley
and the City of Renton . "
Port of Seattle The Port authorized acquisition of Shell ' s Harbor
Island facility tither by purchase or eminent
domain .
. City of Mercer Island Mercer island made the following points :
1 . Other criteria , besides economic , should
have been used in the evaluation of alterna-
tive site locations .
2 . The relationship between the proposed Olympic
pipeline and the proposed Shell facility should
be mentioned .
3 . The potential earthquake problem has not been
adequately covered , and there is some question
about the Anchorage experience being a valid
comparison . -•
4. Fire protection rates should be reviewed for
adjacent parcels .
5 . Potential adjacent land uses should be dis-
cussed.
6 . "However, no mention is made of what impact •
on this site a flood of 50 or 100 year fre-
quency would have . "
7 . The truck noise should be evaluated for the
impact on adjacent sites and FAI 405 .
_ 8. The effect of flooding on subsurface waters
on the site should be discussed .
9 . The loss of agricultural soils should be con-
sidered in the EIS.
•
- 13
PERSON/AGENCY COMMENT
City of Mercer Island - - 10 . Both the air pollution from the facility and
(Continued) the trucks should be discussed .
Washington Environmental Council A question has been raised about the amount of
suspended particles (air quality) before and
after the Shell facility . Also , the near thermal
capacity of the Green River is treated too lightly.
Puget Sound Governmental Conference PSGC notes the following local issues :
1. The impact of the projected truck traffic.
2 . The adequacy of access to the site for safety
• reasons by having only one entrance .
3 . The difference of opinion about landscaping .
The following regional implications were noted :
1 . "The contemplated action will have a substan-
tial impact beyond the coverage and scope of
the assessment of the present environmental
draft environmental impact statement. "
2 . "Discussion in the statement about flooding ,
• flooding potential and the hazards of flood
plain occupancy in the Green River Valley -
seem vague , evasive and incomplete . "
3. "The size of water and sanitary sewer service .
for the project to be installed by the devel -
oper will encourage and permit additional
development of land in the immediate vicinity. "
4 . "Consideration of seismic design criteria and
earthquake damage potential does not appear
to have been given an adequate investigation . "
5 . "Lack of consideration given to other poten-
tial alternative sites for petroleum storage
•
tank facilities , "
cS '�
(~ QZ PLANNING DEPARTMENT m RENTON,WASHINGTON
MUNICIPAL BUILDING ® RENTON,WASHINGTON 98055 9 AMMO ,
spORl
CA PITA� ,��
235-2550
•
December 19 , 1973
A. Wesley Hodge
Norton Building
Seattle , Washington 98104
RE : Shell Comments
Dear Mr. Hodge :
After our meeting this afternoon , this Department
received the attached comments on the Draft Shell Envi -
ronmental Impact Statement . With the comments from the
Washington Environmental Council , City of Mercer Island
and the Port of Seattle , you have all the comments re-
ceived- by this Department as of this date .
Pursuant to our meeting this afternoon , I hope
that you will be able to make the suggested revisions
of the Shell EIS by Monday, January 7 , 1974 ; so these
can be reviewed by the appropriate committee prior to
the January 9 Planning Commission Administrative Meet-
ing .
Very truly yours ,
STA?. /111,-1,--
Gary R . Kruger
Associate Planner
Attachments
GRK:wr
oc
,.0 - ' . . PLANNING DEPARTMENT • RENTON,WASHINGTON
0 ,may MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235-2550
A° � � 0��
MEMORANDUM
FDSEA
December 19, 1973
TO: Files
FROM:- Gary R. Kruger, Associate Planner
SUBJECT: Shell EIS
This afternoon I met with Wes Hodge about the comments
received by this Department on the Shell EIS. We reviewed all
the comments, except from the Puget Sound Governmental Conference
because it arrived after the meeting.
A pattern soon became evident in our meeting. Most of
the pertinent comments were about:
Truck volume, and noise, and street capabilities
Wildlife
Landscaping
Setbacks
Access •
Water, noise and air pollution
Alternative sites
• Floods and earthquakes and their statistical probability
Olympic Pipeline proposed
Geology and soils
Mr. Hodge indicated that he would review the comments and
our discussion of those comments with Ed Bergun, who is
located in Houston, According to Mr. Hodge, Mr. Bergun already
is conducting additional research and rewriting portions of the
EIS.
I related to Mr. Hodge that it would be appropriate to
Memo to Files
December 19, 1973
Page Two
' have as many sections of the EIS rewritten and available to the
Comprehensive Plan Committee for review prior to the January 9,
1974 Administrative meeting; also, the summary would be written
last and would reflect the contents of the EIS. Mr. Hodge
concurred with the approoch and said that he would have as much
information to me by January 7, 1974, as possible.
It was mutually agreed that comments about the overall
development of the Valley, EIS for the development of the Valley,
and planning in the Valley would not be addressed in the Shell
EIS. These topics were considered to be beyond the scope of
the Shell EIS.
c.c. Gordon Y. Ericksen
° Q1,0 SHELL ® IL COMPANY L`� ,�«' ��/�1l11 ��,;;
TWO SHELL PLAZA ` U C..�`
P. O. BOX 2105 .. '`'
lyT-
HOUSTON, TEXAS 77001 M„'
December 18, 1973 24,
�, F,
Subject: Water Quality Considerations
Proposed Renton, Washington Plant
Mr. Ken Mauermann
Department of Ecology
State of Washington
15345 Northeast 36th Street
Redmond, Washington 98052
Dear Mr. Mauermann:
Reference is made to the November 28, 1973, public hearing
dealing with Shell's application for a Special Use Permit to construct
a Marketing Distribution Plant at Renton, Washington. We also make
reference to your testimony at this public hearing on the maintenance
of desirable water quality at our site.
The purpose of this letter is to further advise you about previous
discussions with the Department of Ecology concerning Shell's efforts •to
protect water quality at Renton.
On April 5, 1972, our Mr. Ed Bergun met with Messrs. Stewart A. •
Messman and Robert K. McCormick of the State• of Washington Department of .
Ecology in order to review the scope of the proposed Renton Plant. Comments
were requested by Shell on the planned methods for handling, treating and
discharging waste waters. The following conclusions were developed:
1. Tank farm surface runoff can be directed off our property into
adjacent drainage canals, providing the quality is good and having
oil and grease contents of less than 10 ppm. However, the dis-
charge should be controlled via a pipe through the dike,with
block valve,normally closed.
•
2. Truck rack slab drainage should be directed through an API or
CPI type separator to reduce oil and grease 'contents below 100 ppm. '
This effluent should then be directed into a municipal sanitary
sewer line. (In February of 1973, Mr. Tom McCann, of the Department
of Ecology requested that we redirect this separator effluent to
" the adjacent canal) .
I
1
Mr. Ken Mauermann 6,:>
Department of Ecology
State of Washington 2
3. General yard drainage and roof drainage can be directed off our
property as clean water. However, any catch basins should be
designed to cope with trace oil drippings. Before leaving the
property this drainage system should be directed through a pipe
having a block valve, normally kept open.
4. Truck pump off slab should be drained into an API or CPI separator.
5. Clay filter and filter separator slab should be drained to an
API or CPI separator.
6. Individual tank water draw off separators can discharge clean
water effluent on the ground, within the dike enclosure. All
hydrocarbon shall be pumped back to tankage.
7. Department of Ecology is concerned about truck washing operations.
They believe that this waste water will contain detergents, oil
and grease aneroad dirt. In view of this, a complete truck wash
waste water recycle system will be needed here.
On Item 1, it should be noted that the drainage system for the tank
farm is now engineered to either go through an oil/water separator or directly
of,f our property. The later alternative was requested by the Fire Chief of
the City of Renton.
On Item 6, some engineering changes have been made and the effluent
from the tank water draw off separators will now be directed to the plant's
main CPI separator.
On your comment concerning an effluent discharge permit, we wish to
advise you that we have complied with the requirements of the Federal Water
Pollution Control Act Amendments of 1972. On May 9, 1973, we completed and
submitted a National Pollutant Discharge Elimination System application to the
Environmental Protection Agency in Seattle.
We have also reviewed your Department's "Guidelines For Treatment Of
Oil Contaminated Waters And Safeguards Against Oil Spills For Petroleum Bulk
Storage And Distribution Plants" and we would like to offer a few comments as
follows:
1. Barrel Storage - We do not plan to store any barrels at the Renton
Plant.
•
2. Diking Around Above Ground Storage Tanks - We do not agree with the
requirement that a dike be constructed of concrete. In our opinion,
the dike should represent an impervious barrier and an earthen dike
can satisfy this parameter.
Mr. Ken Mauermann f
Department of Ecology
State of Washington 3
3. Vents and Filling Ibrts for Underground Tanks - We propose to
have two fiberglass underground tanks at Renton and any ports
and vents can be easily protected with a curbed impoundment to
contain any spillage.
4. Loading Racks - Our truck loading rack slab is of concrete
construction and will be curbed, crowned and will drain to a
CPI separator.
5. Loading Headers - At the truck underloading area, where we propose
to have a loading header, the area will be provided with a curbed
• impoundment.
6. Lighting - Adequate lighting will be provided.
7. Pump •Pads and Pits - We do not propose to have any pits at Renton.
Our truck loading rack pumps will all be of the centrifugal close
coupled- type with mechanical seals and therefore a curbed impound-
, ment is not required.
8. Tank Water Draw-Off - All water accumulations discharged from tanks
will be piped through a closed system to an oil/water separation
unit.
On your statement concerning the need for an impervious floor in the
tank farm, we do not agree that this is necessary at Renton. We propose to
support our argument with some probability statistics on oil spills at an •
installation of this type. In addition, th'& Environmental Impact Statement
includes some thoughts on this matter such. as available techniques for
recovering any oils which may spill on the ground in the tank farm area.
In' summary, we would like to assure you that we propose to submit
our engineering drawings to your Department for review and prior to any
construction.
Very truly yours,
• i-
•
":"4//� �% mot? ,y r;/TV-
/
. B. Harrington, Manager
Marketing Engineering
•
cc: Mr. Gordon Erickson, Planning Director ,THIS COPY FOR willa
City of Renton
Mr. Clark Teegarden, Chairman Planning Commission
City of Renton
Mr. A. Wesley Hodge, Attorney at Law
•
fir
r
Grand Central on the GPark•First and .5o.Main•Seattle,Washiniton 98104 m 206/464-7090 p.s
• Puget Sound Governmental Conference
December 17, 1973
cob .
•
The Honorable Daniel J. Evans DEC 18 1913
Office of the Governor W�,,,,,......--�-• z
.Legislative Building
Olympia,. Washington 98504 `9/114/ VS` .. .
GDP
Dear Governor Evans:
Several local governments in the central Puget Sound region have been faced
recently with individual decisions concerning a petroleum distribution system
which as a whole, is likely to have regionally significant consequences. Certain
features of such systems are beyond the cognizance and authority of any single
local jurisdiction or governmental agency. Moreover, our investigation indicates
that no state agency has any clear statutory authority to consider oil pipelines.
Our specific concerns arise from the siting and construction of a refined
petroleum products pipeline from Anacortes to Renton by the Olympic Pipeline
Company. Local units of government in the path of the pipeline route have
individually had to grant right-of-way easements or franchises to the Olympic
Pipeline Company enabling it to install the pipeline parallel to a similar facility
already underground. The separate local government decisions by themselves
do not necessarily constitute a major action, nor is there any mechanism to
compel an overall review of the potential consequences of a series of related
but relatively minor local actions. Collectively, however, we believe that the
series of local decisions granting pipelines rights-of-way does represent a
major action in the context of the State Environmental Policy Act. Cumulatively,
these actions can lead to unbearable pressure on and a seemingly inexorable
decison for those units of government that happen to he either at the end of the
pipeline itself or near the end of administrative procedures permitting the
construction of the pipeline.
In this particular case, it falls to the City of Renton to deal with the potential
implications and consequences of granting pipeline right-of-way to the Olympic
Pipeline Company and the construction of a bulk petroleum storage and handling
facility (tank farm) by the Shell Oil Company in the Green River Valley. Obviously,
both facilities will provide service and convenience of considerable significance to
numerous residents and businesses throughout an area much greater than Renton.
I"t should be noted with emphasis that the City of Renton is the only governmental
unit in the State of Washington to determine that an EnvironmeFiEr Impact State-
ment should be prepared on the pipeline. On the other hand, the governments
I
•
The Honorable Daniel J. Evans
December 17, 1973 •
Page 2 •
of Snohomish and King counties, Kirkland, Bellevue, and Renton, to name
a few, and State agencies such as the Utilities and Transportation Commission,
the. Highway Department, and the Departments of Ecology, Game, Fisheries,
and Natural Resources have all been involved to some extent with the pipeline.
Not surprisingly,, because there are no clear policy guidelines or statutory
directives most of them have determined their appropriate actions to be
strictly within the narrowest interpretation of their responsibilities and jur-
isdictions. Decisions at the State level consist of permit issuance to cross
State-owned submerged lands and easements through State highway corridors.
Apparently, no governmental agency has yet brought together all of the separate
pieces of the Olympic Pipeline matter, let alone related those to other separate
but related features of the petroleum energy system in the State of Washington
such as the Shell Oil storage facility in the Green River Valley.
It should be noted also,that the Shell Oil petroleum storage and marketing "
:'acility will be the second one of its type in the Green River Valley and it is
:'umored that similar development possibilities for the Green River Valley
i!re being explored by other petroleum companies. Consequently, we conclude
that the, situation is, indeed, of important regional significance and one requiring
guidance and attention from responsible State authorities. However, as was •
mentioned earlier, no such overall policy review and coordination has been
apparent at either the State or local level.
These comments should not be misunderstood. We do not oppose the concept
of transporting refined petroleum products by pipeline or the proposed siting
of the.pipeline and related facilities. The issue at hand is that the existing •
governmental institutional arrangements for dealing with an issue such as a
pipeline are in fragmented disarray. Our concern is to seek ways of improving
the process of local and State inter-governmental action, since in all likelihood,
we are apt to encounter similar situations and opportunities in the future.
In light of this situation we suggest that corrective action should be considered.
It may be too late for effective local-State action in the present situation, what- '
ever that action might or should have been. Nevertheless, we believe it is
imperative that such situations should be avoided in the future. Therefore,
we suggest that there is a need to improve local-State cooperation on matters
which require our attention and action. The Intergovernmental Relations Policy
,,
,,,.
far
, , . _ _ . , ,
The Honorable Daniel J. Evans.
December 17, 1973 .
Page 3 .
Advisory Committee of the Puget Sound Governmental Conference has taken
on the assignment to explore and address the attendant issues from the local
perspective. We would be pleased to have representatives from your.office,
• and such other State agencies as you might wish to suggest, meet with that
Committee at an early and convenient date to discuss this matter in greater
detail.
Sincerely yours,
•
William H. Mahan, President •
Puget Sound Governmental Conference
WHM/RGM/dc • .
b/c Mayor Avery Garrett •
Mr. Gordon Erickson •
Mr. Ed Munro
Mayor Gordon Johnston • •
i0 R E/V .
RECEIVED '0
' 1 DEC 181913
•
-(\\:,,,,° ' y��NG DES�
4 V
U~ V, 4— c PLANNING DEPARTMENT • RENTON,WASHINGTON
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • XEMINIra
235-2550
tisAOR CAPITAL Of��
•
•
December 14, 1973
Mr. A. Wesley Hodge
905 Norton Building
Seattle, Washington 98104
RE: Comments on Draft Shell
Environmental Impact Statement
Dear Mr. Hodge:
As indicated in my letter of December 5, 1973, to you,
I am forwarding copies of comments on the draft Shell
EIS that have been received by this Department.
Below is a listing of the attached comments that have
been received since my previous letter to you:
Agency/Person Date Received
Charles J. Perkins 12-5-73
Lake Washington Branch 12-7-73
American Association of
University Women
Kevin Bannon 12-14-73
I will keep you advised if additional comments are re-
ceived.
Very truly yours,
G. R. Kruger
Associate Planner
Attachments
OF
(Ny 0
'2, PLANNING DE•ARTMENT 10 RENTON,WASHINGTON
imiR
!A MUNICIPAL BUILDING 1 RENTON.WASHINGTON 98055 • 235-2550
0 �O
��Tfos��t��� MEMORANDUM
December 14, 1973
TO: Don Bumble, Chairman
Comprehensive Plan Committee
Pat Seymour, Member
Clark Teegarden, Member
FROM: Go R. Kruger, Planning Department
SUBJECT: Comments on Draft Shell
Environmental Impact Statement
Attached for your information are copies of comments on
the draft Shell EIS received by this Department since
November 7, 1973. All raise questions that you may wish
to consider. You have received copies of comments re-
ceived prior to November 7.
Person/Agency Comment
Green for Tomorrow Attached
(1.1q
Seattle Audubon Society Attached
League of Women Voters Attached
of South King County
L Department of Ecology Attached
q1 Charles J. Perkins Attached
I ij 1 Lake Washington Branch Attached
American Association of
1 )1 University Women
Kevin Bannon Attached
It is anticipated that the November 20 memo giving a
synopsis of the comments received will be updated next
week and sent to all Commission members.
" Attachments
cc: Art Scholes, Chairman
Community Services Committee
.-., C`.' '... �) ) C'.. t..
�? cI��� 1 ?
Second week an row
landfillCouncil delq s ata
y
By DON ADAMS
For the second week in a council to reconsider 'the part of the 100-acre industrial missible if there are good rea-
row the Renton City Council commission's request. site being prepared may be sons"for it,and if the bounda-
delayed action on a proposed Robert Boyd, assistant the home of a Japanese auto ry of the area on which the
moratorium on landfill and property manager for BN's assembly plant that will cm- moratorium is imposed is
rezoning in that part of the Glacier Park Co., said the ploy around 1,000 workers. clearly defined.
Green River Valley 'situated in firm is attempting to fill some EN has said negotiations
the city limits. 40 to 50 acres in the Flats be- are under way with several Meanwhile, •Grant's com-
A Renton Planning Corn- side 192nd (East Valley High- potential industrial occupants. munity services committee
• mission request that the coon- way). BN has developed two other Won council approval to send
cil delay for a year any fur- These acres are in addition industrial sites in Renton—the to the council's legislative
ther furtherzone applications and to some 50 acres being filled site of Pacific Car & Foundry forma ttordinrecommendation
ncem e ti g tiup
anypermits for land- this year. Co. (PACCAR), and Earling guidelines and restrictions on
, fill in the Orillia Flats was Boyd said the King County ton Industrial Park off Rainier
` sent to the community serv- zoning examiner has recom- Avenue and Grady Way. mi
ning and excavation opera
ices committee for review. mended that Glacier be al- Boyd told councilmen that lions.
The commission's request lowed to remove gravel and Glacier wants to remove the Last week, a motion by
stemmed from a Nov. 28 hear- fill soil from the controversial fill from the hill,and eventual- Councilman Richard Stredicke
ing on the Shell Oil Co. appli- site near Carr Road and Ben- ly relandscape it, as "rapidly to place a moratorium on
cation for a permit to build 10 son Road within a four-year as possible," pointing out that landfill in the Valley, unless
oil storage tanks on about 12 period. Residents have object- weather conditions make Au- an application is in process or
acres in the Flats. ed to the open pit excavation gust, September and October landfill is already tinder way, !
Several environmentalists and the.noise from%.rucks dur- the best months for the work. was defeated 5-2,'with only
objected to the Shell applica- ing the mining operation. It is only during those Stredicke and Charles Delaur-
tion,which has been postponed The excavation site is on a months, he said, that heavy enti favoring.
until next month. hill almost directly above the equipment can operate In the
After the council concurred Valley floor being filled, local- marshy peat aid bog of the
in the commission's recom- ed just north of Southwest 43rd Flats.
mendation for the moratorium Street below Valley General In asking for legal advice
and sent the matter to Coun- Hospital.. about the moratorium request,
cilman Bill Grant's commit- Rumors have Persisted, the council learned from City
tee, a spokesman for Burling- despite'denials from Burling- Atty. Gerard Shellan that the
ton Northern, Inc., asked the ton Northern spokesmen, that intent of the commission's
request should be clarified.
He said he doubted if it
"would be legal" to impose
the year long prohibition
against rezoning and landfill if
it included small landfill re-
quirements of residential'land
1 users. However, he added that .
! such a moratorium "is per-
Q- 1---c-c `c•,,IQ C- 9 7
•
Tan k farm, dra*s ir
A-group of university 'women' In ,her letter; Mrs: Brennen of,'
have added their voice to the grove ;:`"Mercer :Island said "several aged-
ing environmental opposition to the;:.�:;cies have:questioned the;wisdom of
proposed construction of oil sto"ragge'>:, j.siting storage storage tanks in the allu-
tanks in the Orillia Flats by Sli'e`1lt viuni soils'.' of theGreen.River Vat
•
Oil Co. =: leyand the Orulila Flats,`
Beth'Brennen, legislative cliaig'.. , k'
man of the Lake Washington braiiel .; " u '°Since this area `drains subsur=;
of the American Association of.p.ru ' :°facely,to both the Green and Cedar',
versity Women,. urged the city to , %.rivers-and could"impact both'rivers,'
"refuse the oil company's request" as well, as-Lake; Washington and •
in a letter read to the;Benton:City Puget Sound;'oil'storage in this area;
Council Monday night. :; 3 is a matter of regional concern, ,
The letter was forwarded to the Agencies which-'she' listed :as;
Renton Planning Commission with-V, objecting to the Valley site:were the
out comment from any councilman:,;,_. King County:fire,:marshal,the i7_S
' . The-commission, who has heard Soils•Service,,the-Puget.Sound.GoV
at least six organizations, and per-if,.:;;,:ernmental Conferencey,.and the Kind
hips a` dozen individuals object to ;` County government:: = t' t
the Shelt plan for a tank.Earns, hest::".::'a:.The=;Mercea Island:;;planning'
-continued a hearing on the applica-F department hasralsg.:voiced ob,ec
tion until Jan._23. tion to the Shell _ := _-
i _u•*.,acw•F�., v:.: �.�wy%...'2=`ra..*z;� >. ...sP.. �:3
CITY OF RENTON
OFFICE OF CITY CLERK
Date 12/11/73
From: Del Mead, City Clerk 4r6
F
To: Mayor Avery Garrett ,A
Councilman Bruce11
0 i Councilman Clymer .�l 1
Councilman Delaurenti 9,3
Councilman Grant �y
t Councilman Perry '2G
,l Councilman Schellert 111‘1°'
Councilman Stredicke
/ S Airport
Building Department.
r� City Attorney
Finance •
erpc ) 6
Fire
Library
Personnel
Planning Peann4h0 D,illectO'.
Police
Public Works
Purchasing
Street •
Traffic Engineering
Utilities
Other Ptanning ComMEbss ioYL
Re: • Le tteh •room Amej,Lc.an AAbocAatt.on °A Un.ive/ o ty Women
For appropriate action
For your information
Remarks : The Renton City Council at .its negu&uc meeting of
Vecemben 10, moved that cop.ie.a oA the attached £ettelL •
be atstkibuted .to member o/, the Rearming Commas ion,
Vet Mead
8/73 FILE COPY
'CA l - /0 -7"'
r
American Association of University Women ,�1t�1�3�
Lake Washington Branch �'o
• kY') ‹e. V
tV " tr,.
•
�r,�, Gc�`` �cZ�'L
1 v�,
Beth Brennen.
5610 b9th Ave. S. E. '
Mercer Island, b)n. 19oOL.0
' December Li., 1973
' Renton City Council .
Renton Municipal Building
200 Mill Avenue South
• Renton, Washington 94055 •
,
Gentlemen;
•
The Lake Washington Branch of the American Association .
of University Women is concerned about the requests from '
Shell Oil and other oil companies for an oil storage
"Tank Farm" in the Green River Valley near the Longacres
- Race Track. Several agencies such as King County Fire
Marshall, U. S. Soils Service, P.S.G.C. , and King County ,
have questioned the wisdom of siting oil storage tanks
' ••' in the alluvium soils .in this area. , Their concerns merit.
' ' serious consideration. . • .
Since this area drains subsurfacely to both the Green and
Cedar Rivers and could impact both rivers as well as
' Lake ,Washington and Puget Sound, oil storage in this' area
' • : , is a matter of regional concern, In light of the poten-
tial of oil' spills in this highly populated area dnd the
poor soils, we strongly urge .the City. of Renton to refuse
' 'the oil companys' requests for oil storage facilities in
the Green River...Valley , ' •
, . • , Very truly yours,
. .•,. .:... , ,,•-•••,•,- • ,-., .....•-. .i.• :: :•;':'. ..:.":"• •' '':'',' '' ' •• . •• • ' litkiiidieViNiLiNt '• . • . "
lajajokij
` .. . r, ' " • -Legislative Chairman • ' , •
' -'' • Like Washington Branch, . .
-' American Association of
:e. ':, : st = University Women .
,s,•r shirt+ -'1, •11 •�•, . • .. i :
Renton City Council
12/10/73 Page 2
CORRESPONDENCE AND CURRENT BUSINESS - Continued
O.iJ Stotutge syFcc area: drains 6ub4wcfiaeely to both the Green and Cedars Rive 4
Continued as wett. ab Lake Washington and Puget Sound. 'MOVED BY GRANT,
SECONDED BY PERRY, COPY OF THIS LETTER BE FORWARDED TO THE
PLANNING COMMISSION. CARRIED.
Rezone Appl. R-735-73 Letter(. Snom Plann.1 ng D.vicec to . Ett,Lcks en tcepon ted the P.ea.nn.ing
Chatrt.es B. Gag Commission has completed nevLew o5 the Chatrees B. Guy appLLc.a.t,Lon
Anew o6 Grady Clay ion rezone linom G to L-t prapettty Located at 404 S.W. Grady
Clay o6 68/1.00 aet(.es u.ndevetoped Land proposed for .stotcage o6
neexeationae veh.ictes, being Light Industtt iae on Manu6aetwt Lng
Park on the Compnehens ve Land Use P.P_an. The Letter nepottted
the appt icant submitted nest&Lctive covenants with nel enence to
setbacks and Lands cap ing and that p oleowing Pub.e c. Heating the
PLann%ng Commission recommended that the rezone 1nom G to L-1
be approved. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, COUNCIL
CONCUR IN RECOMMENDATION OF THE PLANNING COMMISSION AND REFER
TO THE LEGISLATION COMMITTEE. PLann.ing D.ctt.eeton EttLehsen showed
the wtea on display map and upon .inqu.itty o6 CauneiPman Grant
-epotrted area rezone not within 200 feet os proposed P-1
channel. MOVED BY STREDICKE, SECONDED BY DELAURENTI, CITY
ACCEPT RESTRICTIVE COVENANTS FILED WITH THIS REQUEST FOR REZONE.
Councilman Petty asked to be no.ti,dy.ied upon recond.ing o6 covenants,
adoption o6 rezone ond.inanee pending upon same. Councilman
Grant -inou,viced ne 6.i Pt, Et idz en advising p.opetr ty had been
jilted. CARRIED.
Green Rivet Valley Letter(. (tom PLannLng D,ut.ector Ett,icksen asked considetcati.on (36
Land b.i t/Rezone P.P.ann-.ng Commission neeammendation that the City Council pass
Mona totu.um Ass ked an ordinance pnah i.bit i,ng any bitting and deceatce a monatotium
on rezones .in the Green Rivets Valley area ion a period o6 one
yeah to allow .time for review 06 the Comprehensive Plan .in that
atcea, etopeci.aUy ,in negation to the City Council teAvotaiS -e
man oA oil tank storage 6acc l roes and pipe tine request.
Proposed motion by Steed%eke, seconded by Grant, Aon Council
• eonewvtence .in PLannLng Commission recommendation, was 6upetz.eded
by MOTION BY PERRY, SECONDED BY SCHELLERT, TO REFER RECOMMENDA-
TION TO THE COMMUNITY SERVICES COMMITTEE. Upon Council ,inqu tt.y,
City Attorney She tan advised sound reasons f an mot(.aton,ium needed,
bou.ndatries need to be outlined of attea to be .included and a
detetun-Lnat.ian a6 to inctus.ion as .industni,a.L and/on re ldentiae
pnopettty. Councilman Gttant nepottted mining and grading ond.inance
nepotrt was iottthcoming. MOTION CARRIED.
RJ.BC Meeting r-Letter 5rom Mn. Jean DeSpen, Chairman, River Basin Coond.inat-i.ng
re Dn_ainage and Committee invited the City Council. and City Sta66 to attend a
Flood Problems Rivets Basin CoondinatLng Committee •(RIBCO) meeting .in Council.
Chambers 9:00 .a.m. December(. 18, to diseussv iews and suggestions
o 6 the South King County communities as they relate to at(.ea
`pLannLng 6or dt(.ainage and good pnabLe.ms.
AUDIENCE COMMENT Mn. Btuiee Hutse commended the Mayor and City Council on coopet(.a.-
Ct, g, D. -ti.on with Renton busine.smen andthe redevelopment 06 the City
Mt. Bruce Hues e center(..
X- Mn. Robettt Boyd Mr. Robettt Boyd, Assistant Managett oK the BwtLington Na?tthettn and
Bwteington Nonthetn GLacLet(. Park Co., questioned advisabi.P,ity o4 peae,Lng moil loitium
GLaci.etr. Park Co. on excavation and Land hilt .Ln the VaPLecf area, cA'a ming same
would be haum6a. to plans and pnagnes6 o6 6L L to 40-50 aetr.e
Excavation neat parcel on East Valley Rd., having King County exam-&let(. necommenda-
' Benson g Catvt Rd6. t.ion that project be eornpLeted in noun yeat pettiod with nestoiuz-
pn Valley Land Fit Lion f ollowing, and having City approval, being .in aecondance with
Compnehensive P.Pan adopted by the City. Mn. Boyd asked that
pro f eel be aomOLeted without d-Lsnuption.
APPOINTMENTS Letter(. 6rom Mayon Gatv:.ett appointed Mt. uavty Haight, 7724 South
Mt. Hatvty Haight Sunnyctt.est Rd., Seattle to the Board oti Ethics 6or a nowt.-year
Board of Ethics team expiring Decembett. 31, 1977, as a member ab .the Renton
Chamber o6 Commence replacing Mn. Floyd Hughes Sr. MOVED BY
DELAURENTI, SECONDED BY STREDICKE, APPOINTMENT BE REFERRED TO
THE FINANCE AND PERSONNEL COMMITTEE. CARRIED.
A
RENTON CITY COUNCIL
Regu.Lan Meeting
.� Decl�.mben 10, 1973 MunicLpat Bu-i..2d-.ng
Monday 8 : 00 P.M. Counc.it Chamben4
MINUTES
FLAG SALUTE AND Mayan Avery Gannett, pneaLd.ing, .Led the Ptedge od A.Pteg,cance and
CALL TO ORDER ca ted the Meeting o{, the Renton City Cauncit to Ondetc..
. ROLL CALL EARL CLYMER, Councit President, HENRY E. SCHELLERT, CHARLES
OF COUNCIL DELAURENTI, GEORGE J. PERRY, RICHARD M. STREDICKE, KENNETH D. BRUCE
AND WILLIAM J. GRANT.
CITY OFFICIALS AVERY GARRETT, Mayon; DEL MEAD, City Ctenk; GWEN MARSHALL, Finance
IN ATTENDANCE Ditcecton; G. M. SHELLAN, City Attorney; JACK LYNCH, Admi.niztt at ive
Azz.c stant: WARREN GONNASON, Pubtic Wonhts D.ctr.ecton; GORDON ERICKSEN,
P.&uii'ving D.itcectan; KENNETH WHITE, Petusonne . D.vtctan; HUGH DARBY,
PoIJ.ce Ch.Leb; RICHARD GEISLER, Azzt. Fite Chieb; VIC TeGANTVOORT,
Sttr.eet Supt.; WES CREWS, Acting &LLL.ding DAtcecto.'; VERN CHURCH,
Puncha4.ing Agent.
MINUTES FOR MOVED BY CLYMER, SECONDED BY PERRY, COUNCIL MINUTES OF DECEMBER 3,
APPROVAL 1973, BE APPROVED AS PREPARED AND MAILED. CARRIED.
INTRODUCTIONS Fotunetc City Caunci man Bruce Hutze waz .intkoduced by Mayan Gatrnett.
VOUCHERS FOR APPROVAL Finance and Petrzonnet Committee ChaAtrman Schettetrt prevented
9855 - 9999 and committee recommendation for naume.nt oS Vouchetus No4. 009 through
0001 - 0008 Machine 0110 .in the amount oS $98, 715.30 (Vauc etvs No. 9855 - 9999 and
•
Voided 0001 - 0008 Machine voided) , having nece.Lved depaktmentat cekti-
00009 - #0110 S.ication that metcchandive and/on 4env.icez have been received on •
nendeked. MOVED BY SCHELLERT, SECONDED BY CLYMER, COUNCIL AUTHOR-
IZE VOUCHERS FOR PAYMENT. CARRIED.
ORDINANCES AND Leg.rv.Lati.on Committee Cha,ittman Petty prevented committee necammenda-
RESOLUTIONS tion that the Budget Ond.inance be tce-adopted. MOVED BY SCHELLERT,
SECONDED BY GRANT, COUNCIL CONCUR IN RECOMMENDATION AND ORDINANCE
BE PLACED BEFORE THE COUNCIL AT THIS TIME. CARRIED. City Ctenk
Mead tread Ordinance 2814 adopting an annaat Budget bon the City
Sot the Yeats 1974, neStecti_ng total 1974 Budget ate $14,276,494
Ordinance No. 281.4 with tatat ordinary expenditukez ass $14,276,494, Receipt's bnom
Reabb.itcn.Lng Adoption 4ounce3 othek than taxation $8,892, 805, Sukptu4 cater ied oven
oS Ci ty'z 1974 $2,985,965 and totat to be raised by taxation ats $2,397, 724, tizt-
Budget .ing Sundt by total. Upon .inqu.itr.y 6/tom Counc1man Sttced.icke, City
Ctenk Mead explained ne-adoption necezaany to con6.itrm d.igunev
as not enough time ava table dutr,Lng neces& at the Budget Hearing
Son machine computation oS changers. MOVED BY SCHELLERT, SECONDED
BY GRANT, COUNCIL ADOPT BUDGET AS AMENDED, ORDINANCE BE PLACED
ON SECOND AND FINAL READINGS. CARRIED. Fo!tow.ing nead.ing by
the Ctetk, it was MOVED BY SCHELLERT, SECONDED BY GRANT, COUNCIL
ADOPT ORDINANCE AS READ. CARRIED. Rout cat showed SIX COUNCILMEN
VOTING AFFIRMATIVELY AND STREDICKE VOTING NO. MOTION CARRIED.
CORRESPONDENCE AND
CURRENT BUSINESS Letter Snom King County Recotdz and Etectianh Managetr., Mn.. Notcwatd
J. Moab, cetr :LS.ied November 6, 1973 GenetaL Etect%on having
CetrtiS.icat on a6 been duty canva44ed by the King County Canvassing Board oS EtectLon
11/6/73 EtectLon Re tannz on Novembetc 21, 1973 showing the total vote ass 7,753 and
the Sottow.ing Souk year tetrms:
Council Position No. 1 Council Position No. 2
Ken &Luce 3, 387 Etec ted Eattt Ctymen 3, 346 Etec tec
Batcbat a S. LatLy 2,822 Sven A. Johnson 2,496
Position No. 3 (Red)
Chatted J. DeLautent.i 3,667 Elected
Thomas Tt imm 2,478
MOVED BY STREDICKE, SECONDED BY SCHELLERT, THOSE OFFICIALS ELECTED
BE CONGRATULATED. CARRIED.
bit Stotcage Letter 6nam Mrs. Beth Brennen, Legiz iaxi.ve Chairman, Lake Washington
Fac titie4 in Stanch, Amet ican Azsociation aS Un,Lvett.o ty Women utged the City
Green Rivet VatLey ne6uae Shell 0il and other oil companyts" nequeaty Son oil .atotcage
6ac Libels in the Green Rivet Vattey, stating concenn2 oS va tows
agenc%e5 Son ptaci.ng o d "tank 6atun " in the attuv.ium z o.i ez ass the
Renton City Council M,Ln.u„
12/10/73 Page 2
CORRESPONDENCE AND CURRENT BUSINESS - Continued
Oit-S.tonage sy,E44, anew dna-i.n4 zubawtliaeety to both the Green and Cedar R,Lve/tz
Continued ad wet ad Lake OJabh-,ngton and Puget Sound. MOVED BY GRANT,
-. SECONDED BY PERRY, COPY OF THIS LETTER BE FORWARDED TO THE
PLANNING COMMISSION. CARRIED.
Rezone App.e. R-735-73 Letter dnom Planrc.;ng Droll ton EnLekaen reported the Planning
yr Chatted B. .Guy Comn o4-Lon has completed nev.Lew od the Chan.eess B. Guy app.P.Le.atLon
Anew od Grady Way don rezone dnom G to L-.e od pnopenty located at 404 S.W. Grady
. Way ad 68/1.00 ae' e4 undeveloped land pnopo-sed don storage od
necneatLonal vehicles, being Light Industn,iae on Manudactuning
Park on the Compnehens.Lve Land U4e Plan. The letter nepo' ted
. the app.-i.can.t 4ubmttted ne4tt ictLve covenants with nede)Lence to
4e.-tbacks and Landacap-Lng and that dottowing Pubt c HeanLng .the
Planning Commi44ion recommended that ,the rezone dnom G to L-1
be approved. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, COUNCIL
CONCUR IN RECOMMENDATION OF THE PLANNING COMMISSION AND REFER
TO THE LEGISLATION COMMITTEE. Planning D.utecton E/Licksen 4howed
- the anew on display map and—Upon £nqu.iny od Councilman Grant
nepon ted area od rezone not within 200 Beet od pnopos ed P-1
channel. MOVED BY STREDICKE, SECONDED BY DELAURENTI, CITY
ACCEPT RESTRICTIVE COVENANTS FILED WITH THIS REQUEST FOR REZONE.
• Councilman Petty adhed to be notidded upon seconding od covenants,
adoption od rezone ond.inance pending upon flame. Councilman
Grant inauitted ne En.Lekaen advizing property had been
bitted. CARRIED.
Green Riven Valley Letter dnom Planning D-tsecton En.ick4en asked eon4ideratLon od
Land ditt/Rezone Planning Conun-i4a.Lon recommendation that the City Council pad4
Moratorium Asked an ordinance prohibiting any 6-Wing and decease a monaton,Lum
on rezoned in the Green Riven Valley area don a period. od one
year to allow time don nev.Lew od the Compnehens.ive Plan .in that
area, especLatty .in relation to the City Council nedevtals ne
Usti-to- ion o 1( oil -tank 4-0/cage tiae i e i tries and p.ipeLLne nequedt.
Pnopo4ed motion by S.t'tedicke, seconded by Gn.ant, on. Couneit
eonewvtenee in Planning Commission recommendation, wa4 4apen&eded
by MOTION BY PERRY, SECONDED BY SCHELLERT, TO REFER RECOMMENDA-
TION TO THE COMMUNITY SERVICES COMMITTEE. Upon Counc%e -.nquitty, ,
City Attorney She ian advised 4ound tea ons don mono ton.Lum needed,
boundan.Les need to be outUned od area to be .included and a
de-tenmination as to .Lnctu4-.on od £ndustkiat and/on nez ident.i.ae
property. Councilman Grant neporte.d miring and gnadi.ng ond-Lnanee
report wa4 donthcom.Lng. MOTION CARRIED.
RIBCO Meeting Letter dnom Mn.. Jean DeSpain, Chairman, Riven Baran Coordinating
ne Dna.Lnage and Committee invited the City Council and City Stadd to attend a
Flood Pnoblemd River Baz in CoondLnating Committee (RIBCO) meeting .in Council
Chamber 9:00 .a.m. December 18, to discus4viewd and 4uggest.Lon4
od the South King County communitie4 as they relate to area
planning don dnaLnage and Blood problem4.
; - AUDIENCE COMMENT MA. Bruce Hulse commended .the Mayon and City Council on eoopera-
cY. B,.D. ton with Renton bus-in.ed4men and the nedevecopmen-t od the City
Mn. Bruce Hu.ede center.
Mt. Robert Boyd Mn.. Robettt Boyd, A64.istant Manage: c'{, the Butt inq•ton Notthenn and
Bun.l ington Northern Glae i.en Pank Co. questioned advi ability od placing mon•i ton.iwn
Glacier Path Co. on excavation and land d.iU in the Valley area, claiming flame
would be hcvundul to plan and pnognea4 ad dLU to 40-50 actte
Excavation neat parcel on Etut Valley Rd., having King County exami,n.en recommenda-
Benson 6 Cant Rd4. tian that project be completed in down yeah period with tu tora-
son Valley Land Fitt -lion dollowJng, and having City appnovae, bea,ng in accordance with
Compne-henei.ve Plan adopted by the City. Mt. Boyd asked that
pro j ec t be completed without de scup ion,
APPOINTMENTS Letter dnom Mayon Gantett a.rp c.0-ted Mt. Harty Haight, 724 South
Mn. Nanny Haight Sunnycte4t Rd., Seattle to the Board od Ethic4 don a dour-yeah
Board od Ethics ,team expftLing Deeembex 31, 1977, as a member od .the Renton
Chamber od Commence replacing Mn, Floyd Hughe4 Sn, MOVED BY
DELAURENTI, SECONDED BY STREDICKE, APPOINTMENT BE REFERRED TO
THE FINANCE AND PERSONNEL COMMITTEE, CARRIED.
A
AN, 11 { PLANNING DEPARTMENT • RENTON,WASHINGTON
a � MUNICIPAL BUILDING * RENTON,WASHINGTON 98055 � X0(X•XICK
_
�
0 235-2550
Ns,
1+4:
AL
ART CAPIT 0� •
' P
December 10 , 1973
Ms Liz Greenhagen
Route 2 , Box 405-B
Raymond, Washington 98577
Deaf Ms Greenhagen : :
Enclosed is a copy of the Shell Oil Company draft
Environmental Impact Statement , ads requested.
Comments are due, in ' writing to this Department
no. later than December 14,, 1973,
Very truly yours ,
Willis Ro erts
Secretary .
®� � •
ti
ti 0 ® PLANNING DEPARTMENT • RENTON,WASHINGTON
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • )43.)( 8 'al(lt
° 235-2550
0A041 CA PITAA.
December 6 , 1973
Puget Sound Governmental Conference
Grand Central on the Park
First and South Main
Seattle , Washington 98104
RE : Draft Environmental Impact Statement for
Proposed Shell Petroleum Products Marketing
Distribution Plant ; property located approxi -
mately 1/2 mile west of East Valley Highway,
midway between Olympic Pipeline-Mobil Oil
Site and Longacres Race Track
Ref: File 2/365/73
Gentlemen :
Pursuant to the action of the Renton Planning Com-
mission , a deadline date of December 14 has been
established for the input on the Shell Oil Company
draft Environmental Impact Statement. The Plan-
ning Commission would appreciate it, if your com-
ments were submitted in writing .
After this date , the Planning Commission Compre-
hensive Plan Committee and the Departmental Staff
will consider the input and suggested revisions in
detail .
If you have any questions regarding the subject mat-
ter, please contact us . Thank you .
Very truly yours ,
o
ordon Y . i cksen
Planning D ' rector
•
U 41 CID 2, PLANNING DEPARTMENT • RENTON,WASHINGTON ,
fo MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • x3x*vox
235-2550
0 •
'9,CAt'ITA� ����
December 6 , 1973
State of Washington
Department of Ecology
Program Development Division
Attention : Shorelines Management
Olympia , Washington 98504
RE : Draft Environmental Impact Statement for
Proposed Shell Petroleum Products Marketing
Distribution Plant ; property located approxi -
mately 1/2 mile west of East Valley Highway,
midway. between Olympic Pipeline-Mobil Oil
Site and Longacres Race TraO
1
Gentlemen,:
Pursuant to the action of the Renton Planning Com-
mission , a deadline date of December 14 has been
established for the input on the Shell Oil Company
draft Environmental Impact Statement. The Plan-
fling Commission would appreciate it , if your com-
ments were submitted in writing .
After this date , the Planning Commission Compre-
hensive Plan Committee and the Departmental Staff
will consider the input and suggested revisions in
detail ,
If you have any questions regarding the subject mat-
ter, please contact me . . Thank you .
Very ruly yours ,
•
4111 /
ordon Y icksen
Plannin irector
•
d •
ti
4 OC • •
tr .10
PLANNING DEPARTMENT s RENTON,WASHINGTON
a I .Imo o MUNICIPAL BUILDING • RENTON.WASHINGTON 98055 • Wi 1ki
9 *� 235-2550
4OQl CAPITAL 0`4"
December 6 , 1973
State of Washington
Department of Ecology
Northwest Regional Office
15345 N . E. 36th
Redmond , Washington 98052
RE : Draft Environmental Impact Statement for
Proposed Shell Petroleum Products Marketing
Distribution Plant ; property located approxi -
mately 1/2 mile west of East Valley Highway,
midway between Olympic Pipeline-Mobil Oil
Site and Longacres Race Track
Gentlemen °
Pursuant to the action of the Renton Planning Com-
mission , a deadline date of December 14 has been
established for the input on the Shell Oil Company
draft Environmental Impact Statement. The Plan-
ning Commission would appreciate it , if your com-
ments were submitted in writing .
After this date , the Planning Commission Compre-
hensive Plan Committee and the Departmental Staff
will consider the input and suggested revisions in
detail .
If you have any questions regarding the subject mat-
ter, please contact me . Thank you .
Very truly yours ,
ordon Y Ei'icksen
Planning Director
411)
()~ t ,a PLANNING DEPARTMENT e RENTON,WASHINGTON
ita
e MUNICIPAL BUILDING ® RENTON,WASHINGTON 98055 ® EOM XIMA
9 4 235-2550
ORpCAPITA`OE December 5 , 1973
Mr. A. Wesley Hodge
905 Norton Building
Seattle , Wa. 98104'
•
RE : , Comments on Draft Shell Environmental
Impact Statement
Dear Mr. Hodge : •
Pursuant to your letter dated December 3, 1973,
attached are copies of all the comments on the Shell
Draft Environmental Impact Statement received by this
Department as of this date .
Below is a listing of the comments and the date
those comments were received by this `Department,
Agency/Person Date Received
Washington State Parks & 10/3/73
Recreation
Olympic Pipeline Company 10/5/73
Seattle Water Department 10/11/73
Mr. FT Mrs .. Robert .J , Ryan 10/12/73
Washington State Department 10/17/73
of Natural Resources
Berlington Northern Railroad 10/17/73
Washington State Highway 10/17/73
Commission
Washington State . Department 10/17/73
of Game
King County Department of 10/18/73
Public Works
ti
Port of Seattle 10/19/73
Comments _.: Draft Shell Environmental_
Impact Statement (cont . )
Page Two
Agency/Person Date Received
Washington State Department of 10/24/73
Fisheries
League of Women Voters of 10/26/73
South King County
Seattle King County Department of 10/29/73
Public Health
Mary Mattson 10/30/73
Puget Sound Air Pollution 10/30/73
Control Agency
Washington State Department of 10/31/73
Social and Health Services
Bellevue Planning Department 10/31/73
U. S , Environmental Protection 11/2/73
Agency
U. S . Soil Conservation Service 11/2/73
Green for Tomorrow 11/20/73
League of Woman Voters of 11/28/73
• South King County
Seattle Audubon Society 11/28/73
Washington State Department of 11/28/73
Ecology
If additional comments are received, we will
advise you. ,
Very,:truly yours ,
474- / t.(A4jad-"
Gary R. Kruger
• Associate Planner
GRKayg
CAN,
� �� y� PLANNING DEPARTMENT • RENTON,WASHINGTON
oMUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • X:X0(liSt
235-2550
'yspOPT `?CA PITA-OE
December 3 , 1973
•
Shell Oil Company
Public Affairs
P . 0 . Box 2463
Houston , Texas 77001
Gentlemen :
The City of Renton Planning Department is
presently reviewing matters relating to oil stor-
age and environmental concerns . We would appreci -
ate your making available to us four copies of
your publication , "0il and the Environment : The
Prospect , " and any other publication you may have
on the matter of design of oil storage facilities .
Thank you .
Very truly yours ,
•al6t ! l sic .
Gordon Y, Ericksen
Planning Director
GYE :wr '/
:r::: ,4:: . ; , ., .: „,. ..,.:. .,,.,•
'''.
'-'i -'..10
®�e about:; ''r f 1 I " anf ,c,o, 0. • m .
: •• ,,,,!.• 1 . :„ ..;,. •L.:,... .,:,:„ •. ,,,, ::. • .
' alon the East Side into Ren- ;`ty League o€.;Women Voters,.
(Continued[dayroth''predicted
ton.g - ; . ,read-..a,.letter'. front League
trucks per day .ageeted: Thorpe said he ,telt'' the"•president Jane Shafer,criticiz-__
for the Shell'oil storage facili- 'Shell EIS,was,net,,an environ•;''in items in,Shell's EIS which
ty would create ,more traffic� . I.-, �,
and noise on. I-405, which.he-Mental, but .,:an'', "economic pointed out detrimental effects
said- is..already "inadequate" impact statement., lle added. on_..the environment.f, .
that at'would•be:"premature i; .
for present traffic loads. : ' ,;.' ',iiirt. recommend' at this
for the commission to act..:- dyne' that the planning com
When the Alaskan oil pipe-,; . Leonard Steiner,,conserva-
mission delay';making any
line,is opened, about 2,R ct-. don chairman,of the Seattle .major,decisions of an irrever
cent of Alaskan oil is a!Said::
t Audubon,Society,",said,'marsh Bible=nature:until the" present
':ed to be placed here, he sald:•'fareas in'•Washington "are rap;
The Oil will go to Cherry Point a ldl disa' earin " which,is comprehensive,plan has been
and Anacortes refineries, and y pp g` studied and any recommended
causing a corresponding disap- changes have been incorporat
will be piped here at.the rate pearance of bird life..He urged ed into the:.plan;" the letter
of .several million gallons a the planning ,body t •
o.take an `stated:. . '
. day. inventory.of remaining marsh ..
.Thus, he said the `Shell'"lands, few if any of which are .;'..A:.halal EIS'thirst next be • t
application is "intririslcally',",publicly owned. 1 ' . .. , .prepared, incorporating agen-
tied" to the proposed Olympic ",Mary Mattson,,aCti0n chair- cy cotninents, before final ac-.
Pipe Line Co. new oil line,",man for the South King Coun Lion can be taken: '; _'
.I ` a l� 13
•
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� -` i=".�. •, _•l:� ^L:>�.g",._ ?.�� " ;.. - oda-_ _ }} - -i _ -.Y'.: :4.�- _ ,_ „ .1. _ i;lt._�,._�:u 1.' _js-_ ,.
.:,,4,,_„iii..,:•=„,33,,....:;a:.,11..,_i.„1, ,......,,,,,..........,._2.;__......_,,.,...,.,......„:,....,;,_,.„,.:,,:f.:::: .1.,..,.:,:.4.:,,,i::„. ;,!,..f.,..„.„.,,.:,.. :„.... , .....:.:..,„ ,._,, ,,. . .•_ • _,„,,,:_li„.....(.,:.:,,_ .....„... ...;?.:3::::.._:. :.„,..,,, _: .,, . .. .:. .:,:::.::_:,,:.,.::„...:.:„ „ .„
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:a
; ; '-- A:ygrowin ::number;of;.envu'on-,-_ "farmland rather than .ind st in '""
-. �:-_: ",: ., u ry tssion also: "the`firstVone to reviewer ��'
Fie comma° the request, -
lmental ` .... • _- "
ou s. e r sed es yalarm-:ag�"� - r
- �e Valle
' :`. •':'= :..,; _,.�' �.P. ._ . .>'. ., . _ .. -_� - �;f onttnued the ubh aria �<�:�..�,;-.� -
�_� _ � : - Y.. - -, - ._ �C p °c he g' ::he added:-,--,=_. _ - _ - -
_.__industrial; owth.m' _ _y ,,_;. _ the,.Green:ffiiv-`yF=;:.:::;one ;youth,..�i�evin;Bannon -of��:�:.on Shells ermit�request until Jan. �:-- ��q'here is-�a.•uestio�i�%�Caster`said ��� '_• '-� -
' er. Talley:d wing a .ublic hearing-;of South _Seattl_e,---said;::any::further. ;23.r;'=;:= whether'a lawsuit:should-be filed to--•-j„< -
,, die' Renton`Planning-Commission - flats.will be" - - . -
-�- ' - '..� :,.,_ ...�_�:: �heavy�in try.m `��Set a deadline of� -.m.,=Dec.'.
_ dus .the. p ' have the Shelllandfili removed.� -
Vedriesda ni:ht. ; ,,� zap>;:: �: --:_'-� -;'" :.,;
...,
."�.. _._. ___ Y_::�...;._:_..�3=. .�:- >_; �. . �>:-. :detrimental to,w>7dlife,-�and'urged� ":.for-receivin anyfurther.writ- =- Pointin ^,out thatahe:co� an -s
4,k<<;>t'' - _ »:t :.,:::_ 1., a
:Thehearincs :was=on=a:Shell' it city to preserve'natural areas in ;:ten --comments,=on shell's,,environ- •.=draft EIS:concludes:that the'=:tank:.
s": o g = - °';-•-the city limits so:that "urban areas:: • - -, - farm-would'have .no:.adverse''-ef=:.� :-
,,request,;to.3build'1Q:oil.-storage-'y mental i paet;statement.(EIS). '
=.tariks.:on-13 acres in tl e' lli °la'1 can be closer to nature:".''`'._:"° `4,;.'; :;':` :: feet-1-on':Ache'�environrnient, 'Caster" _-.,
-. a- .:.,cgs_ :,_..,..., Cotiiissio'er. :Mrs:'' Patricia d6
r ;` ~ t?;nother oath,'Dwa • disagreed, Asa 'ng-the landfill - 'as `7-- .a the paeseaif_ �b .Orl.-Cb:tank ;.= : Y yne'1Vikulla ySe oar's ',motion'to -aSk 'for the �'
3 �= of the Ili hline Scheel Ym • . :_' ,
- S ooi District re
farm. • - - adverse.g
- - �landf° nd rezone'
ill a re a moratorium f;: • - o 0l-
_ _ >,f: __ ;-`resenting Green for.Tomorrow,saiddie ur ed.the commission to re..'`. ':
:v 4;, 'welve'-'persons .spoke -to,-the --.,-.Shell is proposing the tank farm for lowed testimony that'the main im-_
'„:commission_ur -that a= ecial - ,,,,economic p gpact -on the ®rilha Flats marshes jet Shells auks t 'request to build : .
fig sP _ 'economic reasons" based on pope-- the storage tanks. ,
ermit to:build the-Shell tank faun - - was•made in 1972 when Shell filled g =` 'p lation growth but he said a more Robert Thorpe; assistant plan- -
-;be .denied..'There.-were-'six oppo- - 'Vital economic factor is the need for g 25 acres in the area. ner for Mercer hand 'urged broad-
nents 'at the previous::.hearing in.':: farmlands to grow food. He urged David Caster, zoologist with the •er regional, state and federal plan- '"
r.Septernber. Among apposing agen- ; the.commission to take a long-range Woodland Park Zoo in Seattle,ques- Jng to determine the best location •
-cies were the-City of,Mercer Island, ' _v1e`,r. of the economic needs of the , ,Woodland
the legality of the-1972 land- - of such tank farms.,He pointed out
,-._.the,-Sierra ;:Club,--•.the :League;.-of Valley,,saying ."it is better_'to feed -- :'f�, pointing out that the state.Envi- -.that the Valley:area is :"subject to •
Women'=Voters,-the.Seattle--Audu- " -the -mouths`of our people than to ronmental Policy Act was passed in earthquakes" iwhich could cause
; ..._bon;";Society;':•and,'the`�Green .for_ ..: .. __- 1971:re uu�n an EIS prior to ma-
supply them with oil. q g _ _major oil spills, and for this reason
Tomorrow.organization: :;_-_-2;,•:; :' -:-.:=:_. .As a result of the hearing, the jor land developments•. - : a. request several years a o b
;'About:`a`dozen young;'persons :commission on a split voice vote The City of_Renton claims it is , Mobil to locate .its Renton is oaage
Y` a erect. -,p pp ` ,:the,audience, about half, -=decided:to .ask the Renton`City:: not responsible,since it had no poll- facilities:west of here was 'turned
ii of them rising:to :express•-concern Council to put ayear=long 'morato cy;.governing landfills at the'time,'' • down by King county.• ;- -
forlwildlrfe habitats in the marshy rium on'.future landfills .and any: Caster said. Thus, the state Depart Ile also pointed out that'the 160
:flats, _or 'voicing ;preference- for- - rezone-applications. _ - ' ment of Ecology"should havebeen - iContinued on Pagel)''-;:�w
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1
' Renton Planning Commission
Meeting November 28, 1973
Page Two
The Chairman described the proposal and called upon the Plan
ping Director to bring the Commission up-to-date on the• appli -
cation .
Mr. Ericksen advised that the Shell Oil Company draft Environ-
mental Impact Statement was distributed to 47 different agen-
, cies , businesses , groups and individuals , and comments have
been received from 21 . The Puget Sound Governmental Conference
has informed the Commission that their comments will be pre-
sented to their Environmental Policy Advisory Committee on
November 30 , after which they will be submitted to the Commis-
sion .
The Planning Director noted that the Environmental Impact
Statement must be in final form for submission to the State
before action can be taken. He requested that input be
in writing in order that all responses received can be incor-
porated into the appendix of the final Environmental Impact
Statement.
The Chairman requested comments from the applicant. Mr.
Wesley Hodge , Shell Oil Company attorney , noted that Shell
had no additional information to add at this time . He indi -
cated that Shell is seeking guidance regarding the time frame
for approval by the Planning Commission in order that ques-
tions may be resolved due to the coming construction season .
The Chairman called for comments from the audience .
Leonard Steiner, Conservation Chairman , Seattle Audubon Society , .
spoke. in' opposition ,- expressi ng concern for the 'disappearance
of wildlife from the urban environment and requesting that an
inventory of the Greater Seattle area be accomplished with rela-
tion to preservation of marshlands in land use planning .
Chairman Teegarden and Commissioners Seymour , Ross and Humble
responded to Mr. Steiner' s suggestion .
Mr. Wesley Hodge referred Mr. Steiner to page 29 of the Environ-
mental Impact Statement -with' regard to bird population- in the
area .
David Caster, Route 2 , Box 5404, Issaquah , stated that he was
not in agreement that there was no environmental impact on the
area , , because it had been filled in 1972 . He questioned the
legality of the landfill , inasmuch as the State Environmental
Policy Act requiring impact statements was passed in 1971 .
He stated that in his opinion the Department of Ecology should
have been the first "responsible official " to review the re-
quest for landfill but failed to do it. He suggested a lawsuit
be filed to have the fill removed.
Mary Mattson , Action Chairman , League of Women Voters -of King
County South , read 'a letter from Jane Shafer, President , in
opposition and suggesting that the Commission delay any major
decisions of an irreversible nature regarding this area until
the comprehensive land use plan can be studied .
Stuart Weiss , 9612 55th Avenue , S. , Seattle , spoke in opposi -
tion and suggested the area be reserved for farming .
Ken Mauermann , Environmental Quality Division , Department of
Ecology, Northwest. Regional. Office , Redmond , Washington , of-
fered comments regarding the environmental impact statement .
RENTON PLANNING COMMISSION
PUBLIC HEARING MEETING
NOVEMBER 28, 1973
MINUTES
COMMISSION MEMBERS PRESENT: Evelynn Carue , Don Humble ,
Norman oR ss ; Arthur scholes, Patricia Seymour, Clark
Teegarden , Bylund Wik.
• COMMISSION MEMBERS ABSENT: Anthone Mola
CITY STAFF PRESENT Gordon Ericksen ,- Planning Director;
Lyman Houk , Public Works Department; Willis Roberts , Record-
ing Secretary.
The November 1973 public hearing meeting of the Renton Plan-
ning Commission was called to order at 8 :00 p .m. by Chairman
Teegarden .
1, ROLL CALL was taken by Secretary Wik . All members re-
sponded present with the exception of Mola (detained at
work due to injury of member of his staff) .
ACTION :
MOVED BY WIK, SECONDED BY SCHOLES , TO . EXCUSE THE ABSENT
COMMISSION MEMBER. MOTION CARRIED UNANIMOUSLY .
2, APPROVAL OF MINUTES:
The Chairman called for additions or corrections to the
minutes of previous meetings , as follows : :
September 26 , 1973
ACTION :
MOVED BY HUMBLE , SECONDED BY SEYMOUR , THAT THE MINUTES
OF THE SEPTEMBER 26 , 1973 , MEETING BE APPROVED AS WRIT-
TEN . MOTION CARRIED UNANIMOUSLY.
October 3 , 1973
ACTION :
MOVED BY HUMBLE , SECONDED BY CARUE , THAT THE MINUTES
OF THE OCTOBER 3 , 1973 , MEETING BE APPROVED AS WRIT-
TEN . MOTION CARRIED UNANIMOUSLY .
October 10 , 1973
ACTION:
MOVED BY HUMBLE , SECONDED BY WIK, THAT THE MINUTES
OF THE OCTOBER 10 , 1973 , MEETING BE APPROVED AS WRIT-
TEN . MOTION CARRIED UNANIMOUSLY .
3, CONTINUED PUBLIC HEARING ITEMS :
SPECIAL PERMIT:
A. SHELL OIL CO. ; Appl . No. SP-734-73 ; special permit
to construct a petroleum marketin plant in H-1
zone ; property located approx. 1/2 mile west of
Valley Highway, midway between Olympic Pipeline-
Mobil Oil site and Longacres Race Track.
s ,
Renton Planning Commission
Meeting November 28, 1973
Page Four
if
` Kevin Bannon , 46375 South 168th , Seattle , opposed the project
as being detrimental to wildlife and urged that urban areas
be kept closer to nature .
Bill Grant , 1040 Redmond Avenue , N . E. , Renton , stated that
contacts with the Soil Conservation Service of the U . S .
Department of Agriculture and the King County Hydraulics
Division indicate that industry has a responsibility to make
up for land that it takes out of the total environment . He
urged the City to adopt a resolution that, when an industry
or private property owner files a permit to use an area and
take it out of an ecological system , that they in turn offer
a piece of land in the same environment to make up for that
loss of wildlife .
Commissioner Seymour stated that the Planning Commission
should review the long range effects of land use , taking into
consideration if the area is appropriate from a regional and
safety standpoint as well as from an economic viewpoint .
Discussion followed among the Commissioners concerning the
best approach to the problem and comprehensive planning as
it relates to the Green River Valley .
ACTION :
MOVED BY HUMBLE , SECONDED BY ROSS , THAT THE SHELL OIL COMPANY
HEARING BE CONTINUED TO THE JANUARY 23 PUBLIC HEARING . MOTION
CARRIED UNANIMOUSLY .
Discussion ensued regarding a cut-off date for written re-
sponse to the Shell Environmental Impact Statement.
ACTION :
MOVED BY SCHOLES , SECONDED BY SEYMOUR , THAT THE RECEIPT OF
COMMENTS FOR THE PRELIMINARY' DRAFT OF THE SHELL ENVIRONMENTAL
IMPACT STATEMENT BE ESTABLISHED AS DECEMBER 14 , 1973. MOTION
CARRIED .
Commissioner Seymour requested that the Department of Ecology
and Puget Sound Governmental Conference be advised of this
date .
ACTION :
MOVED BY SEYMOUR , SECONDED BY SCHOLES , THAT THE COMMISSION
.RECOMMEND TO THE CITY COUNCIL THAT THEY PASS AN ORDINANCE
PROHIBITING ANY FILLING AND DECLARE A MORATORIUM ON REZONES
LN THE GREEN RIVER VALLEY AREA FOR A PERIOD OF ONE YEAR TO
ALLOW TIMF FOR REVIFW OF THE COMPREHENSIVE PLAN IN THAT AREA.
MOTION CARRIED.
Chairman Teegarden declared a ten-minute recess at 10 :45 p .m. The
meeting was recalled to order at. 10 : 55 p.m. All members were noted
as being present.
4A'
Renton Planning Commission
Meeting November 28, 1973
Page Three
', He suggested that water quality judgments should also
be addressed to Springbrook Creek, that modification
in the design of the facility be made to safeguard
state waters. against spillage , and requested a copy of
the National Pollution Distribution Elimination System
Permit dated May 9 , 1973 , referred to in the environ-
mental impact statement.
Andy Jones , 4109 N . E . 11th , Renton , speaking in opposi -
tion , asked if sufficient consideration had been given -
to the condition of the land 30 or 40 years from now
and requested the reasons why this site had been chosen
in preference to alternate locations .
Mr. Hodge responded that the site had been chosen after
consideration was given to the comprehensive land use
plan , zoning and adjacent uses in the area .
Robert Thorpe , 3050 Island Crest Way , Mercer Island ,
Assistant Director of Planning , City of Mercer Island
and representative of the Eastside Planners Group ,
expressed Mercer Island' s concern regarding the subject
proposal , stating there has been a clear indication of
drainage into Lake Washington . He indicated concern
also regarding potential fire hazard , earthquakes , and
noise pollution . Mercer Island considers this a regional
problem and requests review by local , state and regional
agencies before a decision is made .
Dave-'O s b o r n -S to r r'a--Cl ub-,- 3-15 0 5 4 6 t h-, -South-, Auburn ,. -
speaking in opposition , stated that he considered the
discussion of alternative sites in the environmental
impact statement incomplete .
Douglas Spencer , 814 South 27th Street, Renton , ques-
tioned being locked into decisions of the past.
Fra'nk -Bearson , "12232 S . E . 59th , Bellevue , spoke in
--opposi'tton "from--a wildlife iife -standpoi-nt . -
John Mercer , 23401 94th Avenue , South , Kent , represent-
ing Green for Tomorrow, suggested land north of Sea-Tac
Airport be considered for an alternate site .
Richard Stredicke , 1014 Tacoma Avenue , N . E . , Renton ,
member of the Renton City Council , advised the Commis-
sion that he had contacted the Mobil Oil Company regard-
ing access to the site . Mobil has 75 truck trips per
day -on-a -24-hour basis using a private access road into
the area. Mobil indicates - that i.ts . access.-road. will ,not
be available to Shell .
Mn: Hodge ; rthroughng the®r Mobillproperty andtrequestedsa
an easement9
copy of Mobil ' s letter.
Issa Kamar , Olympic Pipeline Company , 10409 S . E . 174th ,
Renton , advised that the road to the East Valley High-
way belongs to Olympic . Olympic allows Mobil access
and would also grant access to Shell .
Dwayne Nikulla , 17229 34th Avenue , South , Renton , with
Green for Tomorrow, noted that long term economics
denoted the area should be reserved for farm use .
s r
Renton Planning Commission
Meeting November 28 , 1973
Page Six
COMMUNITY SERVICES COMMITTEE
Chairman Scholes reported that the Committee has not
met for some time due to Shoreline Citizens Advisory
Committee activities . They will be making a study of
oil industrialization in the Valley.
Progress on the preliminary Shorelines Management Master
Program by the Citizens Committee was related .
B.
PLANNING COMMISSION RESIGNATION
Chairman Teegar.den advised the Commission of Commissioner
Lucien W. Lemon ' s resignation due to the frequency of
out-of-town, travel at his work . He requested suggestions'
for a potential replacement., Larry Gibson , 3312 N . E . 11th
Place , Renton , and Robert McBeth , 1632 Lincoln Court , S . E . ,
Renton , were suggested . -
c, POPE , W. STEWART ; Comprehensive Land Use Plan Change ,
G-9600 to P-1 ; property located on 3713 Talbot Roas , South .
The Chairman asked for a briefing on the request . Mr.
Ericksen noted that the property is in the vicinity
of the Valley General Hospital . It has been requested
that the Comprehensive Land Use Plan be changed from
Single Family Residential to Public Use to allow con-
struction of a medical -dental facility . The property
is 8. 288 acres and is presently occupied by a home .
ACTION:
MOVED BY SCHOLES , SECONDED BY SEYMOUR , THAT THE W. STEWART
POPE REQUEST FOR REVIEW OF THE COMPREHENSIVE LAND USE PLAN
RELATED TO HIS PROPERTY BE REFERRED TO THE COMPREHENSIVE
PLAN COMMITTEE FOR STUDY AND REPORT BACK. MOTION CARRIED
UNANIMOUSLY .
D, 1974 CALENDAR CONFIRMATION
The 1974 Planning Commission calendar was discussed . It
was requested that the notation , "Comprehensive Land Use
Changes will be considered in October. , " be added . It was
MOVED BY ROSS , SECONDED BY HUMBLE , THAT THE PROPOSED CALEN-
DAR SUBMITTED BY THE PLANNING DEPARTMENT FOR 1974 BE
ADOPTED. MOTION CARRIED UNANIMOUSLY .
As there was no further business , it was MOVED BY HUMBLE , SEC-
ONDED BY ROSS , THAT THE MEETING BE ADJOURNED. MOTION CARRIED
UNANIMOUSLY.
The meeting was adjourned at 11 : 55 p .
' A d
Bylun . Wik , ecretary
Clark Teegarden , Chairman
Renton Planning Commission
Meeting November 28, 1973
Page Five
REZONE:
• B, GUY , CHARLES B. , Appl . R-735-73 ; request for rezone
from G to L-1 ; property located on 1404 S .W. Grady
Way.
Chairman Teegarden noted that this item had been previ -
ously considered by the Commission . The applicant has
agreed to restrictive covenants with reference to set-
backs and landscaping .
The Planning Director reviewed the restrictive covenants .
The proposal is in a{greement with the Comprehensive Plan .
The applicant was not present to comment.
Following Commission—discussion of the application , it
was MOVED BY ROSS , SECONDED BY HUMBLE , THAT THE PUBLIC
HEARING BE CLOSED . MOTION CARRIED UNANIMOUSLY .
ACTION :
• MOVED BY SCHOLES , SECONDED BY SEYMOUR, THAT THE CHARLES B .
GUY APPLICATION BE REFERRED TO THE ZONING COMMITTEE FOR
STUDY AND RECOMMENDATION . MOTION NOT CARRIED.
ACTION:
i MOVED BY ROSS., SECONDED BY WIK, THAT THE PLANNING COM-
MISSION RECOMMEND APPROVAL OF THE CHARLES B. GUY APPLI-
' CATION FOR REZONE FROM G TO L-1 AND ACCEPTANCE OF THE
RESTRICTIVE COVENANTS AND FORWARD SAID RECOMMENDATION
TO THE COUNCIL FOR CONSIDERATION .
A roll call vote was taken with the following results :
Carue - aye
Humble - aye
Ross . - aye
Scholes - aye
Seymour - no
Wik - aye
Teegarden - aye
The Chairman called for Committee reports .
4, ADMINISTRATIVE :
A, COMMITTEE REPORTS
ZONING COMMITTEE
Chairman Ross reported that a solution to the down-
town parking is being sought. They are waiting for
an input from the Downtown Renton Action Committee ,
which is studying the problem.
COMPREHENSIVE PLAN 'COMMITTEE
Chairman Humble reported that the Committee had met
with a representative of Burlington Northern regard-
ing future development plans of their holdings .
i •
1‘ • PLANNING DEPARTMENT • RENTON,WASHINGTON ••
n MUNICIPAL BUILDING • RENTON.WASHINGTON 98055 • 235-2550
0 �.
134
°44 ��`��� MEMORANDUM
o SEP�
November 28, 1973
' TO: Planning Commission
FROM: Gordon Y. Erickseri, Planning Director
SUBJECT: Distribution and Comments on Draft Shell EIS
i -
Forty-six copies of the draft Shell EIS have been distribu-
ted. This figure does not include copies to the Mayor's
office, City Council, Planning Commission and City depart- •
ments.
The following comparison was made, classifying the recipi-
ents and noting the number of comments received.
PERCENT
RECIPIENTS . NO. COMMENTS REC'D RESPONSE
Governmental Agencies 26 14 •53.6%
Business 4 2 50.0%
Private Groups 5 2 • 40. 0%
Citizens 12 2 16.6%
TOTAL: 47 20 42.6%
Although there is a lack of experience regarding both the
number of copies distributed and return comments, it ap-
pears that a reasonable effort is being• made to communi-
cate those factions which have- an interest in the proposed
project. It was hoped that there would be a greater per- ,
centage of response. However, it must be noted that a few
more governmental agencies have formally and informally
indicated they would submit comments.
•
GRK:GYE:wr -
DEPARTMENT OF ECOLOGY PRELIMINARY CONSIDERATIONS FOR
MAINTENANCE OF DESIRABLE WATER QUALITY AT THE ti1�11� c�I
PROPOSED SHELL OIL TERMINAL SITE AT RENTON ��41�I lilt;k)11
1)c,1)d11-111]fill
c)I 1'c'c 1 )W
TAY<.
y4�,lulll414i •A.
1 . Springbrook Creek passes immediately east of the proposed site. oil•r.' ilil=
This creek eventually discharges to the Green River approximately
12 miles to the north and accordingly, will affect water quality in
that river.
However, water quality in Springbrook Creek is considered more useful
by our department in the compilation of an impact statement for Shell
Oil 's proposed terminal . Why then, was water quality information for
Springbrook Creek substituted for what seemingly appears to be less
pertinent data for the Green River?
2. Final plans for the terminal site include, two other drainage •
channels. These channels will in effect, place vulnerable watercourses
on three sides of the proposed facility. This only adds to the likely-.
hood of petroleum products entering state waters. This situation has
much to do with Statement #5 below, .
3. Rainwater draw-off from the impoundment area should go directly to a
separator. This draw-off should still be manually controlled by a
valve, however. Past experience has shown that the degree of human
error here is high. .After a period of years, the impounding areas
develop oily areas from maintenance and seepage (especially around
distillate storage facilities) . This oil becomes impossible to remove .-
prior to discharge by the proposed method and still maintain discharge
requirements as stated below (pg. 13a) . •
4. State and EPA standards for discharges of this type read 15 ppm
total oils/with no visible oil , and not 15 ppm of cleanliness (pg. 13a) .
5. We ask that there be an impervious impoundment area. This will in- Its
elude the tank farm floor as well as the dikes themselves. Because there
is so much water around the proposed site, this is absolutely necessary.
The idea of floating accidental spillage on water would be more acceptable
if oil spills were detected immediately (pg. 25) .
v �n - Stale.a f of 4-4/is
c)1 C4 08E1) 91,,
If N3��
KEN MAUERMANN I 1111; . . .gyp �`
oo
Inspector
N.W. Regional Office OV 28 191
� �, .
153-15 N.E. 36th St.
i/VG Dli~0"
Redmond, Washington 98052 Telephone (206) 885-1900
t .
•
Northwest Regional Office, 15345 N.E. 36th Street, Redmond, Washington 98052
• Telephone; (206) 885-1900
STATE OF WASHINGTON
D E l A.:. L 1Th E 1T or geoLoGy
OAN/EL J EVANS ✓OHM A. B/GGS
GOVERNOR DIRECTOR
GUIDELINES FOR TREATMENT OF OIL CONTAMINATED WATERS AND SAFEGUARDS
AGAINST OIL SPILLS FOR PETROLEUM BULK STORAGE AND DISTRIBUTION PLANTS
This information is recommended for use as a guide in the design of facilities
to collect and treat oil contaminated waters and to incorporate in such facili-
ties, oil spill containment installations. It is intended only as a guide as'
facilities for each installation of this type must be designed for the specific
problems encountered at that particular site.
For use in this guideline, petroleum bulk storage and distribution plants are
defined as those facilities where petroleum products are stored and distributed
in significant quantities.
SOURCES OF OIL CONTAMINATION AND POLLUTION ABATEMENT MEASURES
Petroleum product bulk storage and distribution plants are requested to install
facilities to isolate, collect, and adequately treat oil contaminated storm
waters, within the plant boundaries, prior to its discharge to state waters. Some
areas have more potential for continuous contamination or are vulnerable to
large spills. These areas include, but may not be limited to the following:
1. Barrel Storage
Barrel storage of petroleum products should be in barrels which are
securely stoppered and stored in an upright position. In addition,
barrels should be stored in a covered area with an impervious floor
that is curbed or otherwise constructed to contain accidental spillage
for immediate cleanup.
2. Diking Around Above Ground Storage Tanks
Concrete diking completely surrounding above ground storage tanks
should be provided to impound any major spillage from a tank. .The
dike should impound a minimum volume of the largest single tank
inside the dike plus enough freeboard to allow for precipitation.
A locked drain valve should be provided to drain off storm water
at a controlled rate from the diked area with the discharge directed
toward an oil-water separator for treatment.
3. Vents and Filling Ports for Underground Tanks
Oil filling ports and vents for underground tanks should be pro-
0 F / .A. vided with curbed impoundments to contain spillage from off loading
REC�I� and accidental overflow. Catch basins in termed areas should be
t( +u E� 0 1rected to an oil-water separator.
1.
NOV 4. L din Racks '
28 I97;,
AT e base and parking apron of loading racks should be of concrete or
9 , herwise impervious material with a raised curb around it to contain '
2
or treat contaminated storm water runoff. The concrete slab shall be
sloped to a catch basin which discharges to an oil-water separator.
Adequate cover should be provided to eliminate the possibility of exces-
sive storm water overloading the separation unit. Hand containers should
be utilized to catch drippage from the loading arms.
5. Loading Headers
The loading headers for above ground tanks are highly vulnerable to
accidental spillage. It is recommended that each header, or if they are
in an aggregate, be provided with a concrete slab, curbed and supplied
with a catch basin directed to the oil-water separator.
6. Lighting
All areas of product transfer should have adequate illumination for
after dark loading and off loading.
7. Pump Pads and Pits
Pump pads and pits should be provided with a sump or an impervious con-
tainment surface and drain system discharging to an oil-water separator.
In addition, adequate cover over the installation will eliminate excessive
storm water contamination.
8. Tank Water Draw-Off
All water accumulations discharged from tanks should be piped through
a closed system to an oil-water separation unit. For those tank systems
where water accumulations may be large relative to the volume of the oil-
water separator, a surge equilization tank should be provided ahead of the
oil-water separator to control the rate of water discharge to the
separator.
WASTE WATER HOLDING FACILITY
In cases where oil-water separator units are deemed impractical, storage tanks
can be utilized to collect and hold contaminated water from the petroleum bulk
storage plant. When using this substitute measure the liquid bulk within the
tank should be strictly monitored so that ample room would be provided for
collection of the product in the event of a spill.
OIL SEPARATION
Once the oily contaminated water is collected, the minimum treatment facility
necessary for the removal of oils is the gravity oil-water separator. In
addition to providing routine removal of small quantities of oil from the
storm water stream, a separator also provides a basin for interception of
potential large spills of petroleum products. ) ;\ ;? •
•
44,
Design of a separator facility should be based upon flows resulting f ;or 'a ; ; `
rainfall intensity of �� u
1/2 inch per hour '° E
r•
Y I
3
over the area intercepted to the separator and provision of
one hour retention time
in the separator at that flow. In addition, the separator must be designed
with a depth to width ratio'of between 0.3 .and 0.5.
For further information on the design details of gravity type separators
refer to the Department of Ecology's "Guidelines for the Design of Gravity
Oil-Water Separators".
The effluent discharged from any oil removal treatment facility to the
storm sewer must contain no visible oil and less than ten parts per million
total oil. If discharge to a sanitary sewer is permissable, the acceptance
level is no greater than one hundred parts per million of total oil.
PLAN SUBMISSION AND REVIEW
Taking into account the fact that petroleum bulk storage and distribution
plants vary greatly in their layout and facilities, designs of collection
and treatment systems based on the above guidelines must be submitted indi-
vidually to the Department of Ecology for review and approval before
construction or installation of such systems.
Grand Central on the Park m First and So.Main ©Seattle,Washington 98104 O 206/464-7090
Puget Sound Governmental Conference
November 27, 1973
Gordon Erickson, Director
Renton Planning Department
Renton Municipal Building
200 Mill Avenue South
Renton, Washington 98055 .
Subject: Draft Environmental Impact on Shell Oil Company Petroleum
Products Marketing Distribution Plant
Dear Mr. Erickson:
This is to advise you of the current status of our review of the subject
draft environmental impact statement (EIS) on contemplated adminis-
trative actions by the City of Renton (PSGC File No. 2/365/73). Our
previous letter of September 26th on the subject EIS requested a time
extension due to the review process procedures necessary here.
We have reviewed the draft EIS on the proposed action and prepared
review comments. These comments will be presented to PSGC's En-
vironmental Policy Advisory Committee at their November 30th meeting
here in our Conference room, it is anticipated that EPAC will then
prepare a recommendation for the next full Conference meeting on the
results of their review discussion on our staff's comments. Full
Conference action would occur on December 11th at which time the
official position of our agency would be determined. Following that
date, we should be able to transmit the comments to you with the
recommendations of the Conference.
Very tr if;..y you. _ ,
4
Joh, Lamp-.
E -• tive Director (A, ng)
BL:RGM:b' RFCJ �p (OF
ECEIVEb 'o
2
NOV 29 19g►5
Uti bmwR PLANNING DEPARTMENT • RENTON,WASHINGTON
0
nMUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235-2550
O c0•
.13A° Tf ����� MEMORANDUM
D SEP't
November 21, 1973
•
TO: Files
FROM: G. R. Kruger
SUBJECT: Telephone Conversation with Wes - Hodge
This morning Mr. Hodge telephoned to ask the re-
sults of the Planning Commission Comprehensive
Plan Committee meeting Monday. I informed him
that the Committee did not discuss Shell except
to request a summary of the comments on the EIS.
Mr. Hodge inquired whether the Commission would
make a decision at the November 28 public hear-
ing. I informed him that the Planning Commission
was still reviewing the comments on the EIS; and
it would be impossible to have a final EIS by
that date. A more probable date would be January,
but this would depend on how quickly the Commis-
sion reviewed the comments.
I suggested that Shell has a representative at
the November public hearing in case any questions
arise.
cc: G. Y. Ericksen
GRK:wr +
S�!.z
•
F R
0 THE RENTON CITY COUNCIL
z p MUNICIPAL BUILDING o 200 MILL AVENUE SOUTH © RENTON, WASHINGTON 980550 235 2583
0A <O
0 November 20 , 1973
4glTeo SEp-6-s
TO: Members , Renton Planning Commission
FROM: Councilman William J. Grant —i-
•
Enclosed you will find information pertaining to Mobil
Oil Company ' s bulk storage plant in the City of Renton.
s
r f' �• i
� 0F R�
` + 0 THE RENTON CITY COUNCIL
to i, ,
~ MUNICIPAL BUILDING 0 200 MILL AVENUE SOUTH 0 RENTON, WASHINGTON 980550 235 2583
So>
0,p ���` November 15 , 1973
qTF� SEP-tE•
TO: Councilman William J. Grant
Mr . Gerard M. Shellan
Mayor Avery Garrett
FROM: Councilman Richard M. Stredicke
Attached is a copy of my letter of October 9 , 1973 to
the Mobil Oil Corporation in Seattle asking about
conditions at Mobil ' s Renton bulk plant. This letter
was forwarded to Mobil ' s corporate office in Los Angeles .
The second attachment is a letter from Mobil Oil ' s Los
• Angeles plant operations indicating response to the
questions that I have asked.
This is being provided for your information and file.
Sincerely;
Councilman Richard M. Stredicke
RMS :mg
�v= J THE MAIN-TON CITY COUNCIL'
-, 2
Z e 0 MUNICIPAL BUILDING o 200 MILL AVE.NU:, SOUTH o P__NTON, F;.SH?NGTO. 9'c0S_ 0 2'25 2E83
-• 1 (0-
October 9 , 1973
.2q)-FD c E p C--�^s .
1
r . Ed Nelson
Mobil Oil Company
1711 13th Avenue S . W.
Seattle , Washington 98134
,
Dear Mr . Nelson , •
As I discussed with vou 'the other day , I am seeking •
additional information from oil companies about bulk
storage plants and terminal facilities such as Mobil ' s
Renton terminal . I understand the City has had some'
- inauiries from other companies as well as from Shell
. . Oil Company . Shell currently has a request before the , .
Renton City Planning Commission . .
As a member of the Renton City Council ,: I am anxious
to know as much as I can about your Renton operation -
as much as is perMissible with incorporation of common
sense rules .
Any information would be considered public information
unless otherwise noted , and would be made available
during discussions •regard_ing density access , new
arterials , water service , and fire protection .,
There are many questiods - relative to the building
. , application that I have a `ter attending the Planning
Commission hearing and this information may give me
added insight when the Shell application comes before '
the City Council .
1 . Is the present private access from your plant to
the East Valley Highway adequate for your purposes?
2 . Could additional truck traffic utilize the same
route?
3 . Is ' the East Valley Highway an adequate arterial - . -
•
• . access for You , or would you support , early- development
of Lind Avenue S . W. ? .
, 4 . What. is your current truck use in numbers ' of trucks "
. , , per 24-hour period? - .
! '
�; f
Mr . Ed Nelson
Mobil Oil Company
Page Two
• October 9 , 1973
•
5 .- Can you tell me anything about your maintenance
program or maintenance nroblems you have had since
1968?
As I understand it , Mobil ' s Renton facilities area
fully automated lock-un facility , but I would still
like to know if you operate on a 12-hpur or 24-hour
schedule , and what time -of day is the heaviest traffic.
time .. •
.
Thank you in advance for your cooperation .
Sincerely ,
-^ ; ,:
• Councilman Richard M. Stredicke - '
21S .mg • - '
.
•
/ •
•
fi
.
°`��'bi9 "-.+�� C'1, r[[TTT"'�®rC�. tQ®n` 612 SOUTH FLOWER STREET
LCS ANGELES,CALIFORNIA 90051
•
• November 12 , 1973' •
•4
•
Councilman Richard M. Stredicke
Municipal Building
200 Mill Avenue, South
Renton, Washington 98055
Dear Mr. Stredicke: •
__ This letter is in reply to your letter to Mr . Ed Nelson dated October 9,
1973.
Listed below are replies to the five specific questions you have asked.
1. Is the present private access from your plant to the East Valley
Highway adequate for your purposes? • ,
Our present private access road is entirely adequate.
2. Could additional truck traffic utilize the same route?
No .
3. Is the East Valley Highway an adequate arterial acces.s for you, or
would, you support early' development of Lind Avenue, S .W. ?
Present arterial access is adequate for us ; and we, therefore,
have no reason to support early development of Lind Avenue,
- S .W. ,
4. .That is your current truck use in numbers of trucks per 24-hour
period?
. Trucks per 24-hour period using our facility• number about 75.
5. Can you tell me anything about your maintenance program or mainte-
nance problems you have had-since 1968 . •
We have resurfaced our private road once, and we patch it
each Spring.
In reply to your final paragraph, please be advised that our Mobil equipment . ' '
operates on what you, would probably consider two twelve-hour shifts per day.
Other truck carriers use our facility, and their shifts probably vary as
•
-- to starting time, number, and length. In addition, I would say that they •
are subject to change, as are• our own. For these reasons , the truck traffic
is fairly even concerning flow; and without benefit of a detailed study,
I do not believe the variance --of Flot, to he at all significant .
• •
•
- •
Councilman Richard M. Stredicke Page 2 November 12, 1973
•
We hope our reply to your questions will aid you concerning the information
you are seeking.
Sincerely yours,
,/_. / ./.
JAW/sz J. A. Wyatt
Plant Operations Manager
cc : H. E. Bailey - Seattle
•
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. . • . 14! -. .4 ;•}P",
•
U rL PLANNING DEPARTMENT • RENTON,WASHINGTON
nti MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235-2550
tED E�O<`� MEMORANDUM
SEP�
November 20, 1973
•
TO: Planning Commission
FROM: Gary R. Kruger
Planning Department
SUBJECT: Synopsis of Comments on
Shell' s Draft Environmental Impact
Statement
A number of comments have been received on the draft
Shell EIS. As of this date 20 replies have been re-
ceived. Additional comments are anticipated and
probably will be arriving shortly.
Attached is a listing of those persons and/or agen-
cies which have submitted responses and a synopsis
of their observations.
Attachment
GRK:wr
PERSON/AGENCY COMMENT
Washington State Parks & Recreation No comment.
Commission
Olympic Pipe Line Company No objection to the proposed project.
City of Seattle Water Department The Department wishes that their 60 inch water
pipeline in the vicinity of the proposed project
be mentioned.
•
Mr. and Mrs. Robert J. Ryan They expressed the concern that the 160 oil trucks
per day is a minimum figure that would be expected
to increase substantially in the future.
Washington State Highway Commission No comment.
Washington State Department of Natural No comment.
Resources
Burlington Northern Burlington Northern Railroad wants the proposed
arterial (80th Avenue, South) through Orillia
northward across FAI 405 to Sunset Highway men-
tioned in the text and noted on the map.
Washington State Dept. of Game This Department is concerned about the following:
1. The proposed project is one of many which will
eventually culminate in the total development
of the valley.
2. The Department expressed concern that the site
was cleared of vegetation and the fill placed
prior to the issuance of the EIS.
3 . Item 2 above means " . . .an almost irretrievable
commitment of resources. "
4 . The lower Green River Valley is " . . .one of the
few prime water fowl habitats remaining. "
5 . "We would appreciate knowing what the statistical
probability of an oil spill is despite assurance
that it would be contained within the site area. "
PERSON/AGENCY COMMENT
Washington State Department of Game 6 . The Agency would like to know what the statisti-
(Continued) cal probability would be of serious degradation
to the Green River for fishery sources from a
potential oil spill.
7. "It is difficult for us to agree with your con-
clusion that no significant long-term impacts
will occur, ' . . .if sound engineering, geologic
• and ecological practices are followed. " (page
29) .
8. The loss of prime agricultural soils is hardly
mentioned and is not mentioned under the section
Any Unavoidable Adverse Effects.
9. "Rationale for apparent rejection of alternatives
varied, but in no instance were the recreational,
economic or intrinsic values of wildlife con-
sidered."
10. "No direct mention is made of the irretrievable
loss of wildlife habitat associated with con--
struction of this facility. Loss of farmland
is treated very lightly. . . .We would ask, how-
ever, that your final statement and decisions
reflect the importance of these commitments."
King County Department of Public Works 1. The EIS is incorrect in its statement that there
is no comprehensive drainage plan. "Since 1966
the State Department of Ecology has, been requir-
ing all development in the State Flood Control
Zane for the Green River to be compatible with
the approved plans for the East Side and West
Side Green River Watershed Projects, which are
the comprehensive drainage plans for this area. "
(See page 6, 7b. )
2. This Department is concerned that any sewer line
_ crossing the proposed P-1 Channel be designed to
take that crossing into consideration. (See
page 14 , paragraph 8f (4) .
- 3 -
PERSON/AGENCY COMMENT
3. There is some confusion about the local mean
elevation. "We believe the reference to 'local
mean elevation near 13 feet' is intended to
mean that the ground elevation in the subject
area is approximately 13 feet based on Mean Sea
Level datum. "
•
Port of Seattle 1. The sections relating to landscaping, the access
road and fencing note_ a difference of opinion
between Shell and the City. Some statement
should be included as to how these differences
• will be resolved.
2. Other factors besides noise which would disturb
wildlife in their migratory patterns, breeding
or resting areas should be noted. (See pages
21 and 22. )
•
3. There is a concern expressed about spillage of
petroleum products within the dike and whether
•
these would seep into the ground. There is
some confusion as to what a "water bottom" is
and what would happen if the facility is un-
manned or undermanned.
4. Is there some activity in the valley which
might reduce the nutrient level and decrease
the BOD for the Green River (Section B.f.2) ?
•
5. "In the same section (Section B.f. 2) it would
be helpful to insert the units of each chemical
parameter in the accompanying figures. "
6. The increased runoff due to development of the
site should be quantified in terms of 10, 25 or
100-year and one-hour or 24-hour peak storms.
7. Some precautions should be taken to prevent
and clean up spills in the undiked areas (ref-
erences pages 33 and 34) .
- 4 -
PERSON/AGENCY COMMENT
Port of Seattle 8: Your statement that Shell was "threatened"
(Continued) with condemnation (page 34) by the Port of
Seattle at their Harbor Island facility "is
simply not true. "
9. The Sea-Tac area as an alternate site was
•
dismissed for three reasons:
a. Lack of availability of land
b. Poor access
c. The Sea-Tac pipeline is basically
a jet fuel facility.
The Port refutes these arguments.
10. "Given that the area will be heavily indus-
trialized, a statement should be prepared
that discusses fully the effect of development
of the entire area and then review can be made
of this particular project in light of the
overall statement. "
Washington Department of Fisheries 1. The Department expressed concern about " . . .
the piecemeal absorption of our natural re-
sources in the Green River Valley. "
2. The Department requested that the second sen-
tence under "Aquatic Wildlife" (page 21) be
modified to read:
"Although there is considerable natural
spawn-ing-of--salmo-n_in th.isriver, the •
majority of the chinooks are released as
fry or fingerlings from the Washington
State Department of Fisheries Hatchery
located on the Soos Creek tributary. "
3. They also requested that the scientific name
for starry flounder be listed in Table 2 of
Appendix B as Platichthys stellatus.
- 5 -
PERSON/AGENCY COMMENT
League of Women Voters of King County 1. "Were enough practical, possible locations of
South oil storage and distribution of less adverse
environmental consequences investigated?"
2. The League does not believe that adequate atten-
tion was paid to items A (on proposed action) ,
B (existing conditions) , C (environmental impact
of the proposed project) , D (any unavoidable
adverse environmental impacts, F (relationship
between local short term environmental uses and
the maintenance and enhancement of productivity) ,
G. (any irreversible and irretrievable resource
commitment with the proposed action) .
3. "We also question whether the other statements
on alternative location do not address them-
selves more to the economics than the important
and varied environmental effects, so that objec-
tive decision making concerning alternative
locations is difficult with the information given?"
4. The League expresses some concern that the EIS
was prepared by Shell which in their opinion
could affect the objectivity of the document.
Seattle-King County They do not see any objection from a public health
Department of Public Health standpoint.
Mary Mattson She has the following comments:
1. There is no reference to who drafted the EIS
and what their qualifications were, which
would be a factor in the credibility of the
document.
2. This EIS covers just what may happen on the
south half of Shell property and does not
address itself to the north half.
- 6 -
PERSON/AGENCY COMMENT
Mary Mattson 3. If this proposed project were constructed,
(Continued) this would set a precedent for similar addi-
tional facilities in that immediate area.
4. Assuming similar facilities were to locate
in that area, the probability of air, water
and noise pollution would be increased.
5. A more comprehensive EIS is needed to cover
. .all potential petrochemical industry that
will be located in that area. It also seems
to be a regional as well as local problem."
Puget Sound Air Pollution Control Agency 1. Several changes were suggested on page 23 that
are primarily of a technical nature that con-
cern themselves with various measures of air
pollutants.
2. The air pollution emission factors for auto-
mobiles presented here are obsolete. The
second edition of EPA's "Compilation of Air
Pollutant Emission Factors" should be used
(see page 33) .
3. "According to the best estimates we can make,
based on data supplied by that firm, replace-
ment of the Harbor Island facility would re-
sult in a decrease in hydrocarbon emissions."
Washington-State-Department of SocialNo comment.
and Health Services
Bellevue Planning Department The Planning Department makes the following comments :
1. The probability of the proposed facility con-
taminating ground water and the Green River
should be stated statistically and should also
include the possible. contamination of flood
waters.
- 7 -
PERSON/AGENCY COMMENT
Bellevue Planning Department 2. Any precautionary measures taken to minimize
(Continued) the damage from earthquakes should be stated.
Also, if there is some parallel between the
Anchorage tank farm and the proposed facility,
this should be documented.
3. "Evaluation of other locations for the plant
has been made primarily on an economic basis. "
4. . .Economic factors in locational analysis are
not the only considerations. In any case, the
economic factors have yet to be quantified, so
that a determination can be made as to whether
or not they are significant constraints. As
the second pipeline is not completed, it is
not obvious what the alternative costs are."
5. The City of Renton and other surrounding local
jurisdictions should make a determination whe-
ther they want to encourage the location of
refined petroleum products within their juris-
diction. Also, a question is raised whether
or not there is a casual relationship between
a proposed 20" Olympic pipeline and location
of the Shell facility in Renton.
6. Some mention of the emissions at the site
"from the tanks" should be mentioned. This
should include the probable maximum and aver-
age loss—rates. •
7. The noise generated from the Shell trucks
should be added to the existing noise genera-
ted by the nearby Mobil trucks.
8. The statistical probabilities of fire and oil
spills should be mentioned.
- 8 -
PERSON/AGENCY
COMMENT
Bellevue Planning Department 9. There appears to be a misunderstanding in the
(Continued) Irretrievable or irreversible amendments to
Resources Section regarding the loss of farm-
land and industrial use. The point the Plan-
ning Department is making is that the loss of
farmland would be prime loss to the region
economically.
10. "The selection (page 7) of IRDP (Interim Re-
gional Development Plan) goals to support their
choice of location seems unique, especially Land
Use Policy (6) ; subpolicies (2) and (4) there-
under (IRDP - p. 21) appear to militate against
such a choice of location."
U. S. Environmental Protection Agency The Agency does not foresee any major adverse
environmental effect other than those discussed
in the document.
•
U. S. Department of Agriculture The Soil Conservation Service has the following
Soil Conservation Service comments :
1. The biotic communities were not measured
quantitatively. There is some concern that
there might be oil pollution in the proposed
P-i channel from the Shell facility.
2. "The loss of prime agricultural land resources
does not appear to be adequately recognized
in-the-Environmental-Impact section of-the
Statement, nor is it noted at all in the
Unavoidable Adverse Environmental Effects
section. "
3. The EIS should contain specific actions to be
taken to reduce adverse impacts during and
immediately following construction of the pro-
posed facility.
- 9 -
PERSON/AGENCY COMMENT
Green for Tomorrow Green for Tomorrow lists the following concerns:
1. "Renton officials must first consider the
broader question of what the environmental
impact will be if all the industrial zones
contained in the Renton Comprehensive Plan
were fully developed, and what alternatives
are possible to the present plan. It is only
•
after full consideration is given to these
matters that the question of the impact of
this one plant should be reached. "
2. "It is our position that Renton will be in
violation of SEPA unless an impact statement
is first prepared dealing with the proposed
plan to alter land use in the entire Valley
area. "
3. Green for Tomorrow is concerned that the EIS
was prepared by Shell, and to them this in .
itself probably violates SEPA.
4. The loss of prime agricultural lands and the
near thermal capacity of Springbrook Creek
and the Green River are buried deep in the
report with little discussion.
5. "Another result of having Shell prepare the
statement is that only cursory examination
of the alternatives is made. And even then,
the-discuss=ion-centers-on-economic rather
than environmental factors. "
6. The alternative of locating near Sea-Tac
Airport should be explored because the Port
plans to acquire large areas of land both
north and south of the runways.
h\
) INTEROFFICE CORRESPONDENCE
». ..� . -r
Date November 19, 1973
\",'1r` "
TO: G. R. Kruger, Planning Department
FROM: Warren Gonnason, Public Works Director
SUBJECT: Proposed Shell Oil Storage Facility
This is in response to your memo dated October 26, 1973 wherein the Planning
Commission had raised various questions.
(1 ) Does the private service road from the East Valley Highway serving
the Mobil petroleum storage facility and the terminal for Olympic
Pipeline have the physical capabilities to handle the additional
160. trucks per day that Shell indicates without deteriorating?
In terms of volume the additional 160 truck trips ,per day did not
create a capacity problem, however depending upon the weight of the
trucks and the physical construction of the service road, we cannot
make a structural evaluation,. The rate of deterioration of the
service road will certainly increase as a result of the additional
truck traffic, however, there is' no reason to believe that with
adequate maintenance the service road would not be capable of pro-
viding long term service.
(2) 'How much traffic does the above mentioned private service road
presently handle per day?
We have no actual traffic counts on the existing traffic flows.
We would estimate these volumes to be less than 200 vehicles per
day and the additional 160 trucks per day would not create a
capacity problem.
(3) What is the impact that the proposed Shell facility will have on
utilities and are the existing utilities able to adequately serve
the proposed, facility?
At the present time, there are no water or sewer facilities at the
site. Shell was planning on utilizing the Mobil Oil Company's •
watermain extension to which they plan to connect and they have
made arrangements with Mobil for this extension to serve their
property. 'We have duscussed the sewer facilities with Mr. Bergrun
of Shell Oil Company. They are planning an extension easterly from
the south Metro trunk. They have engaged a consulting firm who is,
preparing .plans for this extension.
h. a�
•
To: G. R. Kruger, Planning November 19, 1973
From: Warren Gonnason, Public Works Director Page 2
Storm drains are not as yet provided in this area, however, their
proposed development is abutting the proposed P-1 Channel .
(4) What is the assessed valuation of the existing Mobil facility, and
how does this compare with the average industrial-warehouse use in
Earlington Industrial Park?
•
We are attaching the assessed valuations for a number of the facilities
including Mobil and some of the industrial warehouse use in Earlington
Industrial Park.
It is hoped that the above information will be of assistance.
.772A-Pe-=e--aa-ag-ds~t---
WCG:sn
Attach.
OV Ft
(j PLANNING DEPARTMENT • RENTON,WASHINGTON
"IR
0 .�� MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235-2550
�O'
•P°qPF et-
0 MEMORANDUM
November 8 , 1973
TO: Files
FROM: G. R. Kruger
SUBJECT : Telephone Call from Wes Hodge
Mr. Hodge called regarding the status of the
Shell EIS comments. I informed him that as of
thisl date 19 comments had been received. The con-
tents varied from no objection to corrections of
data to concerns a .pressed.
Then Mr. Hodge inquired whether I thought a
decision might be made at the November 28 Planning
Commission public hearing. I indicated that did
not appear too likely, since additional comments are
expected; the Planning Commission will need to ob-
tain! all the comments before reviewing the EIS.
After the Commission reviews all the comments and
the EIS, the Commission will probably give the
staff direction for revisions to the EIS. A copy
of the comtents would be made available to Shell.
There is a possibility that a special meeting
could be called in December, or a more probable
date would be in January. If the public hearing
for Shell were continued to January, this would
allow the final EIS to be written and perhaps
distributed in December.
Mr. Hodge did not seem to be disturbed, when
I informed him of the above.
cc: ; G. Y. Ericksen
GRK:9wr
•
1.',.. . PLANNING DEPARTMENT • RENTON,WASHINGTON
ry tir
� x ti MUNICIPAL BUILDING ® RENTON,WASHINGTON 98055 • 235-2550
`',p47. �.cb MEMORANDUM
ED SEP't
1 I
November 7 , 1973
•
TO : Don Humble , Chairman
Comprehensive Plan Committee
Pat Seymour, Member
Clark Teegarden , Member
FROM : G . R. Kruger
SUBJECT : Update of November 1 Memo on Status of
Shell ' s Draft Environmental Impact Statement
Since the November 1 memo was sent to you , the following
have been received :
Person/Agency Comment
U . S . Soil Conservation Service Attached .
U . S . Environmental Protection Agency No adverse impact
other than those
cited in EIS .
Additional comments are expected from various govern-
mental agencies .
Attachment
GRK:wr
I
•f -
2
The opportunity to review the Environmental Statement for this facility
is appreciated.
Sincerely,
1.C.TING
Galen S. Bridge
State Conservationist
4
U ;40 ` ri ,z PLANNING DEPARTMENT • RENTON,WASHINGTON
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • gAX$C KO
235-2550
QT CAPITAL Cc 1
•
November 1, 1973•
MEMO
TO: Don Humble, Chairman of Comprehensive
Plan Committee
Pat Seymour, Member
Clark Teegarden, Member
FROM: G. R. Kruger
SUBJECT: Status of Review of Shell ' s Draft
Environmental Impact Statement
•
A number of comments have been received on the draft Shell
Impact Statement. Today is the announced deadline for com-
ments. Additional comments are anticipated, as several in-
formal inquiries_ have been made whether this Department would
accept late comments. The Puget Sound Governmental Conference
has formally requested additional time to submit comments
which is reasonable, and the time will be granted.
Below is a listing of those persons and agencies which com-
mented (excluding correspondence indicating receipt of EIS) :
Person/Agency Comment
Washington State Parks and No comment.
Recreation Commission
Olympic Pipe Line Co. No objection to project.
Seattle Water Department Attached.
Mr. & Mrs. Robert Ryan Attached.
Washington State Highway No comment.
Commission
Washington State Department No comment.
of Natural Resources
Burlington Northern Attached.
,
Memo to
Comprehensive Plan Committee
November 1, 1973
Page Two
Person/Agency Comment
Washington State Department Attached.
of Game
King County Department of Attached.
Public Works
Port of Seattle Attached.
Washington State Department Attached.
of Fisheries
• League of Women' Voters of Attached.
South King County
Seattle-King County Health Dept. No objection to project.
Mary Mattson Attached.
i
Puget Sound Air Pollution Attached.
Control Agency
Washington State Department No comment.
of Social and Health Services
City of Bellevue Attached.
Additional comments will be presented to you at your Novem-
ber 7 committee meeting.
•
•
Attachments
GRK:wr
akoF •?)
(1 AR 1, PLANNING DEPARTMENT • RENTON,WASHINGTON
0
0 � MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • ,235-2550
A° r �� MEMORANDUM
FD SEp
October 26 , 1973
TO : Warren Gonnason
Public Works Director
FROM: G. R. Kruger , Planning Department
SUBJECT : Proposed Shell Oil Storage Facility
In the process of reviewing the draft Shell Environ-.
mental Impact Statement , the Planning Commission has
raised the following questions :
1 . Does the private service road from the
East Valley Highway serving the Mobil
petroleum storage facility and the termi -
nal for Olympic Pipeline have the physical
capabilities to handle the additional 160
trucks per day that Shell indicates with- .:
out, deteriorating?
2 . How much . traffic does the above mentioned
private service road presently handle per
day? .
3 . What is the impact that the proposed Shell
facility will have on utilities and are
the existing utilities able to adequately
serve the proposed facility?
4. What is the assessed valuation of the exist-
ing Mobil facility , and how does this compare
with the average industrial -warehouse use in
Earlington Industrial Park?
•The Planning Commission would appreciate any assistance
you are able to provide on the above , questions .
GRK:wr
RENTON PLANNING COMMISSION
PUBLIC HEARING MEETING
OCTOBER 24 , 1973
MINUTES
COMMISSION MEMBERS PRESENT: Don Humble , Patricia Seymour ,
Clark Teegarden , Bylund lWTk .
COMMISSION MEMBERS ABSENT: Evelynn Carue , Lucien Lemon ,
Anthone Mola , Norman Ross , Arthur D . Scholes .
CITY STAFF PRESENT: Gordon Y . Ericksen , Planning Direc-
tor ; Lyman Houk , Public Works Department ; Willis Roberts ,
Recording Secretary .
No business was conducted , inasmuch as a quorum. was not
present. All items for consideration will be continued
until the next official Planning Commission meeting .
The Planning Director informally reviewed the following
items for the benefit of those Commission members present :
Proposed Planning Commission 1974 Schedule
of Meetings
Eastwood Annexation
Green River Valley Study
Environmental Impact Worksheet
Draft Ordinance re . Environmental Impact
Shell Oil Company Environmental Impact Statement
With regard to the Shell proposal , it was requested that
Commission members submit any additional information in
order to expedite the business that will come before the
Commission .
Discussion was concluded at approximately 10 : 00 p . m.
- "I (4,,A)Lk .
Byl u V . Wik , Secretary
Clark Teegarden , Chairman
1 �
•
Ms. Libbie Soden
173 Thirty-seventh Avenue East
Seattle, Washington 98112
October 16, 1973
Mr. Gordon Erickson, Director
Renton Planning Department
• Renton City Hall
Renton, Washington 98055
Dear Sirs
Please send me a copy of the City of Renton. Draft Environmental Impact
Statement for Administrative Approval Procedures for Shell Oil Company
Petroleum Products Marketing Distribution Plant.
Thank you.
Libbie Soden
off�E `�.
0,,
U 973
. --
•
cv
,LNG
f t,
, 1�77 3
k''s 'Director: D \Tf.
10�.,
{` Tp�;:f•'-{ .W'arren:fGonpna:son' .'Publ�i.cr' Wor - .
' ger;'{ Associate Planner
FROM; 'G.'. R '• -
il, i}'S ,'' - C ',ItG'x i-1.-t, :h•:
:y
S
Is" ^h"r
F,
r�t �e n�r
�in `to rr':No h
1
�f.t �Shel��- 'EIS- b�. Bu-r g
SUBJECT.• 'Review.' Co`mme'nt' for: D:ra 1 Y
.4 y • - ,ts . ' - " .,: r-,,_,`-, ..
+ "' • F
t}
.•1 . {
'1
• 'li'
F` 5i1
.' '.I• ''from',' Ron Cowles • of Burlington` N orthern
Attached: i,s ar co'py.- of a .1`et,ter'
' .'exp r.es's,in^g concern'''''that:._the_ 'draft,:'Shell ^ EIS did not: incl.'ude ,:any, ,ref:,, -,. 5„H.,
.'
p g '` Mr w;l es:-.,i s wondering :where the proposed.': ''
- =eren�ce` w.to`�80 � Ave' ;��f,;;S Co. � '`� '1:
eet y:.i s .to" ;be=`' located i n ref ati'on "to Longac.re`s'•, P-1 ".Channel and - the'
h'el1•:
b.e: .i n c l��ta e
. informat i on `'ma -r" -
�Fleas�e. am�ake' th.i�s.;�
...-!,, ,.'''::'::.
d,e•term'i nat�i on 's`o' ;,than •the _Y• .- .,Y,
�f` a 1 •E
i e'
final
th
Q: �(,1' • `;lam
I
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y 'p S't'•..:r
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S'. ,
A �hme n t-`. 'L.r
Attachment
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7277•
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.
47A
.eyali d q
( 2
•••........... 1.,d.:
-7, 130
•
! Renton Planning Commission
' Meeting October 3 , 1973
Minutes - Pagefi
E. PUGET SOUND POWER & LIGHT CO. , Appl . 'SA-746-73 ;. approval, - • -
c for aircraft maintenance and storage facility , property
located on west side , Renton Municipal Airport.
Chairman Teegarden called for comments from the Planning Direc-
tor.
- • ,
The Puget Sound Power and Light proposal was described by Mr.
Ericksen as a facility for corporate airplanes which is loca-
ted directly north of the ' F.A. A. tower. A metal building is
planned ; offsite street parking and landscaping -will be pro-
vided in keeping with other facilities in the area , when the
perimeter road landscaping is undertaken : Development will
be consolidated into the total package by the Airpprt.
A brief discussion followed.
MOLA, SECONDED BY SCHOLES , MOVED THAT THE PUBLIC 'HEARING BE ,
CLOSED. MOTION CARRIED UNANIMOUSLY .
ACTION :
MOVED BY SCHOLES , SECONDED BY MOLA, THAT THE PUGET SOUND
APPLICATION BE GRANTED APPROVAL SUBJECT TO. A PERFORMANCE BOND
OF 150% OF INSTALLATION OF LANDSCAPING AND MAINTENANCE FOR
THREE YEARS . MOTION CARRIED UNANIMOUSLY . ,
Chairman Teegarden called for Committee Yet:torts . ,
3. ADMINISTRATIVE :
A. COMMITTEE REPORTS
t • ,
COMPREHENSIVE PLAN COMMITTEE ' .•
1 A meeting will be held on Wednesday , October '17 ,- ,at•-
• • ,‘ • •
730 p. m.
SHORELINE CITIZENS ADVISORY COMMITTEE
• • j: ' •."
Commissioner Scholes reported that' tbls'
10° public hearing on October 2 regarding its preliminary
goals and policies . . An - additional publich@griP.9 -011 be
held in November on the Shorelines Management MP-stO'r, Pri)- g1W;:,7,
„ , „ , „ •
•ig ram. . • - • ;
• ;• , 24 • ; ' !;•• ;.% ; ; ; „4"•
B. PUGET SOUND GOVERNMENTAL CONFERENCE RE : - SHELL EIS
A letter from the 'Puget Sound Governmental Conference -,
requesting a 30 day extension—for -their Teview • of:tbe
Shell 'Environmental Impact Statement was:::Tead:by:Lhair7.- .
- man Teegarden . It was noted, that in view of "the' hear-
ing having been continued until ',November' 289911,tinu'-:
ation as requested is not necessary ..
• . . "- .
C. DOWNTOWN RENTON "ECONOMIC DEVELOPMENT STUDY '
Chairman Teegarden called the Commission ' s attention to
the above report and an introductory letter frOm-the
Plan-
ning Director. It will be presented in detail later ate : •‘,.,A
more leisurely meeting.
'
•
, .
. Renton City Council Meeting Minutes
October 1, 1973 Page 4
ORDINANCES AND RESOLUTIONS - Continued
Resolution 1878 1973 for the proposed vacation of that portion of Whitman Court N.E.
Continued as previously stated and that the City Council hold Special Meeting
on October 23, 1973 for purpose of the meeting. MOVED BY STREDICKE,
• SECONDED BY GRANT, COUNCIL CONCUR IN FIRST PART OF TRANSPORTATION
Vacation of COMMITTEE REPORT SETTING PUBLIC HEARING ON VACATION OF WHITMAN COURT
Whitman Ct. N.E. N.E. ON OCTOBER 23, 1973. CARRIED. MOVED BY CLYMER, SECONDED BY
Public Hearing STREDICKE, COUNCIL CONCUR IN COMMITTEE REPORTS. CARRIED. Following
October 23, 1973 reading of the resolution, it was MOVED BY DELAURENTI, SECONDED BY
GRANT, RESOLUTION BE ADOPTED AS READ. CARRIED.
CORRESPONDENCE AND
CURRENT BUSINESS Letter from Monterey Terrace Community Club requested that the City
• provide ingress/egress to 3rd Ave. N.E. at the ,intersection of
Monterey Terrace Monterey Drive N.E. and Bronson Way N.E. , calling attention to the
Community Club increased use of 3rd Ave. N.E. to the East. Cover letter from Public
Requests Works Director Gonnason suggested this matter be referred to the
Traffic Revision Transportation Committee, reporting that the Public Works Department
was proceeding with a study of the situation and would prepare a
report for the Transportation Committee. MOVED BY GRANT, SECONDED
BY DELAURENTI, THESE COMMUNICATIONS BE REFERRED TO THE TRANSPORTATION
COMMITTEE. President of the Monterey Terrace Community Club and
• writer of the letter, Mr. Warren Parkhurst, was present and explained
situation- Also present and verifying need for attention to the
ingress/egress problem especially between 7:30 to 8:30 a.m. and
• 4:30 to 5:30 p.m. were: Renton Police Judge Paul Houser, Mr. Harry
Blencoe, Fire Chief Walls and Mr. R. Peretti. MOTION CARRIED.
Claim for Damages Claim for Damages filed by Mrs. Jeanne Crossett, 2633 Lake Youngs
Mrs. J. Crossett Court S.E. , presented by City Clerk Mead, claimed auto damage from
unprotected guy wire during downtown construction. MOVED BY .
SCHELLERT, SECONDED BY GRANT, CLAIM BE REFERRED TO THE CITY ATTORNEY
AND INSURANCE CARRIER. CARRIED.
League of Women Letter from League of Women Voters of King County South President,
• Voters re Mrs. Jane E. Shafer, noted letter also sent to Renton Planning Com-
Orillia Flats mission, regarding Shell Oil Co. request for permission to build
Planning oil storage tanks on their property on the Orillia Flats, and
asked regarding development of the area as to industrial development
and open space as regards energy demands,and publicity on environ-
mental statement making citizens aware of ramifications of any
' decision made. MOVED BY GRANT, SECONDED BY PERRY, THIS COMMUNICATION
BE REFERRED TO THE COMMUNITY SERVICES COMMITTEE. CARRIED.
PROCLAMATIONS
International A Proclamation of Mayor Garrett was read, proclaiming the month of
Toastmistress October, 1973, as International Toastmistress Month. MOVED BY GRANT,
Month - October SECONDED BY SCHELLERT, COUNCIL CONCUR IN PROCLAMATION OF THE MAYOR.
CARRIED.
Doctor Pat Smith A Proclamation of Mayor Garrett was read, proclaiming October 18,
Day - 10/18/73 . 1973 as Doctor Pat Smith Day for dedication to helping Montagnards
of South Vietnam. MOVED BY GRANT, SECONDED BY DELAURENTI, COUNCIL
CONCUR IN PROCLAMATION OF THE MAYOR. CARRIED.
OLD BUSINESS
Transportation Transportation Committee Chairman Perry presented committee report
Committee Rpt. recommending that the Building Department hold the issuing of any
building permits for•any development on this entire street. until
Re 'Whitman Crt NE public hearing has been held. MOVED BY GRANT, SECONDED_BY DELAURENTI,
Proposed Street COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. Transportation Com-
Vacation mittee report also recommended that the appropriate department post
the -ea for the public hearing and notify concerned property owners.
MOVED BY STREDICKE, SECONDED BY GRANT, COUNCIL CONCUR IN REPORT.
CARRIED.
Meeting with Transportation Committee report informed Council of the meeting
State Highway Rep. with Mr. Don Hoffman, Traffic Engineer for District 7 of the Dept.
Re 'Sunset Blvd. NE of Highways, discussing medial curbing on Sunset Blvd. N.E. between
N.E. 10th St. and Harrington Ave. N.E. Mr. Hoffman agreed to
further study situation, if decidelnot to remove curbing, will again
meet with committee for further review. MOVED BY STREDICKE, SECONDED
GRANT, CONCERNED PROPERTY OWNER BE NOTIFIED OF THE COMMITTEE'S ACTION.
CARRIED.
CITY OF RENTON VA •`
OFFICE OF CITY
•. Date SFPTFMBER 28, 1.973
From: Del Mead , City, Clerk •
To : Mayor Avery Garrett X Jack Lynch
Councilman Bruce X
Councilman Clymer •
• X
Councilman Delaurenti X
Councilman Grant X
• Councilman Perry X
Councilman Schellert X
Councilman Stredicke X
Airport
Building Department.
City Attorney
Finance
Fire
Library
Personnel
Planning X Gordon Ericksen
• Police
Public Works
Purchasing
Street
Traffic Engineering
Utilities •
Other
(,/7 Planning Commission
Re : Shell Oil Co . Storage Tanks on Orillia Flats property
•
•
6<\y
RiCSO:OrPA0
oar z - z
For appropriate action 1973
X For your information � ���
G DePAR1
Remarks : Letter on the above-referenced from the League of Women
Votersiof King County South has been directed to the Renton City
Council . This matter is not yet out of Commission hearings`, and
would not be ready for any legislative action . We are forwarding
copies to the Council and the Planning Commission accordingly '..and
will so advise the League .
4`.
FILE COPY
8/73
, ,. �J{ �, ,h.N
•LEAGUE OF WOMEN 'VOTERS OF, KING COUNTY SOUTH 'y� I � " AV - ' '
634 S.W. 149th#3 • SEATTLE, WASHINGTON 98166 • 246-8691 /�' WY SLf'3
` /f ✓ j J �° 1
September 21, 1973 • - r,.,M 4 c�
S,
fAtp
Denton City Council `` . r r \JEli) , -
, Municipal Building �' y
200 mill Ave. So. • , •• _ vil 0 .,. ;
•
i :Renton Wn. 9i055 •�,`�r,. : �E '�` ° 4;
Dear Sirs *4* k, ,
This letter is being submitted to the Renton City Council and
Renton 'Planning Commission regarding thy; Shell Oil_Company. "
. request for permission to build oil storage tanks on their
': J property on the Orilla Flats. . .
The League of uWomen :Voters has been aware of the need for
--• a ,comprehensive planning in the area of land use for more than a'. '
'decade. We. have studied local, regional and' state land use
" 'pfanning since 1961 and through these studies have reached ,
• - , i -positions on this subject. '
.'' Tn: general, •'we support policies 'and procedures •which ,promote'
-.''Cooperative,, long range -planning for comprehensive land use "
' • manageM t,. •
• :i"The-,Orilla Flats has unique characteristics making it 'desirable'
for industrial development and simultaneously an area suitedt:-, -
j' to.use, as a green belt or open space. At times ecological'; and '. .
, aesthetic considerations seem at' variance with practical
economics and immediate. 'human needs. If population trends continue,
. energy needs with "attendant bulk ' storage Facilities, pipelines, .
' , . etc. will increase ..and pressure to develop open spaces; green .
belts' will also increase. We pose the question, Can this con- : : .
flit c ue adequately—resolved without analysis of how best to
-, riieet• the results of enemy demands on a regional basis? All t '
. , , , factors must The considered, weighed and balanced with tree long
., range view .in mind. Vie believe effective land use planning should'
' •... I have coordin itio.n•and :.inter-communication' between government
' piecemeal d •
levels, thus_ hopefully preventing patchwork or : ecisions.
Finally; because we support citizen participation at all levels '
we ask. the related.' question.` Will 'the •environmental statement ' • '
• get. enough publicity; so the . citizens are aware 'of the ramifica- - '
tions of any._decision •made on the aforementioned matter? ' -- ..1 : '
. ; Sincerely;' .
1VIrs. Jane •L. Shafer. , " . '
' - , ' ;president; .
League of Women.Voters' of King County South • ".` .
-' Anon-partisan organization whose.purpose is to promote political responsibility through informed
•
and active participation of citizens in government ' ••
1 f�l U
THE CITY OF RENTON
Ty
z ex''`=.-4p'rig o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
{•;+ co AVERY GARRETT, MAYOR DELORES A. MEAD
�� CITY CLERK
o�4TF ��O SEPS�
September 28 , 1973
League of Women Voters of King County South
634 S .W. 149th #3
Seattle , Washington 98166
Attention : Mrs . Jane E . Shafer - President
Re : Shell Oil Storage Tanks
Dear League Members :
Your letter regarding the above-captioned subject is
still in Planning Commission hearings . A copy of your
letter has been given to all Councilmen ; Mr . Gordon Y .
Ericksen , Planning Director ; and the Planning Commission.,
to apprise them of the League ' s opinions .
Any subsequent correspondence should be directed to the
Planning Director for presentation to the Planning
Commission which body will be holding subsequent hearings
on the matter , and if you desire further information ,
please feel free to call the Planning Director at 235-2550 .
Very truly yours ,
CITY OF RENTON .
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Delores A. Mead
City Clerk
DAM : jt
cc : Councilmen
Jack Lynch
Planning Director
Planning Commission
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, ' • .Friday, September 28, 1973 • - , ,
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Vol. PI No. 116 ' Single Copy Fifteen Cents E.Astar3„ Renton, King County, Washington
city hears plans
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for Shell plant;
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6. tellopposition, : .
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By Don Adams and continued the, hearing until
How do you change zoning laws . Nov. 28. ,." • .
to provide a green belt and preserve -Six citizens spoke from the audi-
the natural environment for both ence, objecting the Shell's proposal
wildlife and people? ' to build 10 storage tanks on about
That was the question that arose 13 of the company's 25 acres in the
Wednesday night as' the 'Renton . Orillia Flats. The site is adjacent to
Planning Commission grappled with , the'present six tanks owned by Mo-
'a.-Sh011 Oil Co. request'to build a, bile'Oil Co., adjacent to a proposed
,tanlefarm here.' ' - " - ' ' ' ' -Green'River Valley-drainage chan-
commission received' Shell's nel, and southeast of the•Longacres
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1 *0,9TR44 : IF,11344.;,, ,.VP,n1ff4,.. ...Race Track
43.!JAT!,' ‘,..'''y-4:i,t:!N; 0.*:,e7:;*.'010!'additiOri Mrs. Jane Shafer,
president of the South King-County . .. -
League of:Women'.Voters, submit-
- ted'a,letter to the commission, urg-
ing good land use planning for the
. area. She said if the local population
• trend'continues there will be more
requests'• for oil lines, in conflict -
with the growing pressure• for a ,,. :
:. green belt area. . ' . , : i
She. asked"that 'Shell's• impact
"5, ;:staternent be- widely:publicized so'
*that "citizens,can be informed." • -',:
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"One of those speaking from the I :
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: audience was Renton City .Council- i
man Bill Grant who said "he was.'
-speaking "as a concerned private -
citizen" in urging that 5Q0 acres in •
the:Orillia Flats' area be preserved ,
in the city's comprehensive plan as I
a green belt.
The'acreage, amounting to about
half the Flats area, is currently
. zoned residential, he said, and .
should not be given over to the zon-
ing of the rest of the Flats, which is
.heavy industrial.
He also asked, "Is this the' best
.. site for.oil storage?" City govern-
ments have studied the best sites for
airports and highways, and should,
also do so for other land uses, he
added. ' , •
' Mrs. Anne Mack'of Mercer Is-
land, a member'of the conservation.
committee of the Seattle Audubon• .
Society, told commissioners that the
: . (Continued on Pnge 9) •,
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,)re about: Cityhearsplans for Shell facility
rntinued from Page 1)1 whether or not Seattle may be Seattle, pointed out that the that the comprehensive plan the 25 acres with another 2(
;ty opposed the Shell de- chosen as a deepwater port for Orillia Flats is a "major win- had called for "heavy industry tanks. Prior proposals 'to de
)ment because of acceler- large super tankers bringing tering and nesting area for in that area" for 10 years or velop the entire 25 acres were
industrial development oil to the Northwest, many species of birds." He more. "It seemed a logical modified to the present pro
the "encroachment on . said, "It is unfortunate that place (for industry) because it posal, however.
Jim ral areas." Since "this is to the development on objectedht e b the comprehensive plans calls was served and owned by the Planning Director Gordon
of the last" refuges forp for heavy industry in this (Burlington Northern) rail- Erickson confirmed Mrs.
ife, "it should be pre- sis of unsightliness.He said he area. It is not an enlightened road."
ed,"she added. could see the Mobil tanks fromg Seymour's question that the
his home and "it isn't beauti- view." He also noted that 10 years city has received inquiries
rs. Mack also raised the ful." Commission Chairman ago "the community was in- from •three other major oil
'ion of the wisdom of the Clark Teegarden pointed out terested in attracting industry companies about locating stor-
med Shell location in view David Caster, an employe that the Orillia Flats belonged because it believed industry age tanks in the area. One, he
he unresolved issue of at the Woodland Park Zoo in to private landowners, adding would bring prosperity." said, is Union Oil Co., which
A woman in the audience has property northeast of the
asked why the zoning could Mobil site.
not be changed from 'heavy In the environmental im-
industry, and Teegarden said pact statement submitted by
it has been the custom for zon- Shell — which must get a 30-
ing requests to come from day review by several govern-
property owners. mental agencies before it is
The woman said "there is approved —the company con-
no reason why" the city could ceded there will be "a mea-
nt initiate zoning changes. surable impact on bird popula-
tions"Mrs. Patri- tions" by the proposed plant.
cia Seymour suggested the The impact will come during
commission get guidance from construction, and because of
the Puget Sound Governmen- the noise level of the truck
tal Conference, which has• traffic.
made extensive studies of land The statement also listed
use planning in the Green Riv- an increase in "common air
er Valley. pollutants" from truck traffic,
Representing Shell in its and noted there would be an
application for a special use increase in storm water runoff
permit to construct the oil with some influence on water
storage 'tanks was Wesley quality.
Hodge, a Seattle attorney. Hodge, however, said
Also on hand urging a favora- Shell's plan met all require-
ble decision on the request ments of the city zoning code
were James T. Clarkson, in terms of smoke, dust, ob-
manager of Shell's Harbor Is- noxious odors and noise.There
land plant, and Ed R. Bergun, would be no smoke, dust only
senior. engineer for Shell's;during construction, odors
marketing offices in Houston, would be confined by tank
Tex. construction, and noise would
They told commissioners be kept at a minimum as bet-
that there would be about 160 ter truck equipment is pur-
trucks a day running down an chased,he said.
access road to the proposed
tanks.The present 24-foot road
used by Mobile trucks would
have to be widened to handle
the load, which would amount
to a truck every 10 to 12 min-
utes.
Hodge said while the Shell
property was purchased in two
segments — one in 1969 and
one in 1972 — there was no
connection between the
planned move from Harbor
Island to Renton and the pro- •
posal by Olympic Pipe Line
Co. to add another 20-inch pipe
line through Renton from re-
fineries near Anacortes.
He said reason for the
move is that the Port of Seat-
tle has purchased Shell tank
storage property on Harbor
Island.
Clarkson and Hodge denied
there were any plans by Shell
in the future to expand its
tank storage on the balance of
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:By-MIRE,WYNE•= .;:night=b_.egan-stru lin with:., etr-'o-Ieum•'products for: considerin"'an environinen=`- several .:•other• :ma'ort.:oil'.related to• efforts- by the "':cisms of•the;ci s com re -:
g g JP gg.-.g . - P _ P
T ines Staff Reporter the:;possibility',that•:-.a- .one=. :Western:Washin ton:`::_' :. taI'.- impact statement sub firms had indicated an in Olympic Pipe Line Co., to hensive plan by noting that
-:RENTON --i.This.•.city's ' -time;agricultural area`may,..,:.:*,,;;-The:.possibility'was posed .-,mitted by.the- Oil Co.": terest in locating •tank expand its carrying capaci- it was not unchangeable,
....PlanningCommission;=last ,becomea.tank farm;storing -: as the, commission,,began,, to::_support its' request WY'farms'in the-area.- : `ty. ' . -- -' - -- - but had been prepared 10-
' erect.:10 tanks on its,:proper -..Shell's proposal involves This facility;is a market 'Years ago when a civic goal"
,. . - ty in the lower.Green,River,.: 121/2 acres of a 25-acre site ing ,matter; putting the was to attract as .much
Valley: the firm owns. the highest tanks nearer the center of business as.'possible. :.
• • `` tanks would rise 40 feet the area .served,". Hodge.— "This attitude-has-turned •
-_ - .'AFTER SHELL:-spokes above the ground. , said.. "It :would - actually.. around in: 10- years," Tee-
:'':'men presented.a>description :Spokesmen-said_Shell .has keep some trucks off the garden:said. •. . - _
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::"of the -.farm,- which'-will ` no"plans to ex and.the pro- road. shortening- tray-
Shel�:: z le. p1••66,: • P P . P (by g
pase tank<farm, which will el)." AT THE `suggestion of..
-.' serve 160 tanker trucks dur d- �.'.
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.. � ..,:,-:.., :,:��';,_':_•..'-,_:;_ ; , :'.:ing'20-Hour workdays at"the_'.replace-_part of its,.HarborOpposition from_environ-: several speakers, ;including-
.`,``OI illia Flats,'site sou_theast Island fa_cilities: mentalists, ,including the • Renton C o u n c i 1 m a n Bill
r 0 �' - ®��.g of Langacres; .Mrs: Mary WesleyHodge, attorney: Seattle Audubon Society, fo- Grant, the city planning
Mattson, 7273• S: 128th St:,' `for Shel, said the tank' cused on the future.o the director was asked to see
Shell Oil' Co ,_ : planning',eight ,oil'~~ - 'farm, supplied by all exist-- marshy flood plain. - PugetSound Governmental
` g askedsked'the'commission:. `-".,
storage tanks.on>1.3 acres in the Or.-,s; °"Isn't'the question really= mg •pipeline,- would not in : 'David Caster of Issaquah, Conference views on appro-
• illia'Flats area,:will receive.n public `whether this is the best use. ,crease the amount of petro: a Woodland Park Zoo em-• priate regional location o f.j
• hearing"at 8-tonight before the R_en' -. - •- : of:this land, is this the best letup' p rod u,c t s. received-2- ploye; said the area is a. Storage tanks. - . • - :a
• ton Planning Commission::The hear,_ : - _ `place�-for- storage in this' from the firm's Anacortes' major wintering and nesting . The Planning Commission
- ing will-•"be in. the- city;,_municipal'=,; :: area, and is this what the= "refinery. area for many bird species.• will consider the request
building`. •-- : ', -- ' - • residents want?" - - . ---- • - '- • Clark Teegarden,. chair-. and the environmental- im-
Shell has beenfacedwith moving' .• Cordon Y. Ericksen, city. .- ,HODGE SAID- the Shell' man of_ the .planning corn- pact statement at its No-
' planning.director,director, said that:; :request to"'erect tanks. is not ,mission, responded to-criti -vember28 meeting.
tank storageao Renton=from HarborI _ —
- Island since .the Seattle.Port,."Com-
mission negotiated �a -purchase •of, ' -
Shell property on the island.A Shell - "
spokesman said Shell ,had -.Little. •
choice, since"-the Port• threatened
condemnation :to:,get;the,property ••::, -
for Port facilities.::;: ;;. ;
,.._....,_ .' '—'1":-:-,A'=:'. .-,,ar:�=: :�. �,..The=>city planning=body. is.:to: -ref,::, -
view. Shell':s plan;:arid receive'•'the - •
firm's environmental impact'state
,..- ment-at:tonight's meeting.:Planning- , _ -
recommendations will later--go.':to
the city=council. .
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PLANNING DEPARTMENT 9 RENTON, WASHINGTON
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0 ,,,. 0 ...-: ' •:. MUNICIPAL BUILDING e fi EN TON•WASHINGTON 98055 0 • . 235-2550
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7-4teD serc' 044°' MEMORANDUM `. .•.• , . .
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. , '', '‘ • ..; '.. , '','t.... 1:. "".. . .: ' : September 27 , 1973 . ' • :. •. ..:1. -. „• ,
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TO : ——T Avery Garrett , Mayor
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... FROM, ' r, '•••• G. R. Kruger:
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• SUBJECT ,... Draft Environmental Impact Statement for'' ' '''.. '''.•:::', .
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, . . ..-.,- Proposed Shell• Petroleum Products .Marketing
DiStribuion Plant .., .:. .
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• . Attached . f
• Cor YOMr...'infPrmation , is a copy of the • --.•-. .',.-
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PLANNING DEPARTMENT ® RENTON, NVASHINGTDN
=xy MUNICIPAL BUILDING ® RENTON,WASHINGTON 98055 e 235-2550
,. (0.
MEMORANDUMT SEP1
4
September 27 , 1973
TO : Avery Garrett , Mayor
FROM : G . Y . Ericksen
RE : Planning Commission Public Hearing - SHELL OIL
COMPANY Special Permit Application to construct
a petroleum marketing plant in H-1 zone ; property
located approximately 1/2 mile west of East Valley -
I Highway , midway between Olympic Pipeline-Mobile Oil
site and Longacres Race Track .
' Shell Oil Company officials presented to the Planning Com-
mission a review of the proposed development plan and brief '
discussion on the Environmental Impact Statement 'submitted
in compliance with the State Environmental Policy Act (SEPA) -
1971 . While there were a large number of people in the audi
ence , the questions were somewhat limited and general . Sub-
ject matter ha§ been continued to the November 28th Planning
Commission public hearing meeting , pending distribution and
input from other government agencies and interested parties
on the EIS . .
Bill Grant spoke on the subject matter as a citizen and re-
quested study and review by the Puget Sound Governmental Con-
' ference on the location of regional oil storage facilities .
Pursuant to the State Environmental Act , the EIS will be
distributed as required , including the PSGC .
The EIS has also been forwarded to your office , the City
Council and concerned City Departments . We will keep you
advised as the matter progresses , and additional information
is received . The attached newspaper clipping is on the sub-
ject request.
Attachment
GYE :wr
U/ Grand Central on the Park• First and So.Main •Seattle,Washington 98104.206/464-7090
bPuget Sound Governmental Conference
September 26, 1973
Gordon Erickson, Director
City of Renton Planning Department
Municipal Building
200 Mill Avenue South
Renton, Washington 98055
•
Dear Mr. on. 0 tcL N, ;
We are in receipt of your request for review of the draft environmental
impact statement for administrative approval procedures by the City
of Renton in permitting the construction and operation of a proposed
petroleum products marketing plant by the Shell Oil Company. We have
identified the draft environmental impact statement with identification
number 2/365/73.
i
We received the draft statement on September 24th. Assuming the
usual 30-day review period for comments, we find that our regular
procedures for cycling such statements through our Environmental Policy
G Advisory Committee (EPAC) will be precluded since their next meeting
t which this statement would be considered is scheduled for October 26th.
4 ),s(- onsequently, we request that you extend the review period an additional
30 days to allow our staff to thoroughly review the draft statement,
solicit and receive comments, and prepare the results for review by
EPAC and the Conference. •
V- y trul~ yours,
'1 0E-:--- -N
Mart Kask C, kr F2,
Executive Director SEp lfri,
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UNITED STATES DEPARTMENT OF AGRICULTURE
•
SOIL CONSERVATION SERVICE
35 South Grady Way
Renton, Washington 98055
•
September 26, 1973
•
Mr. Gary Kruger, Associate Planner
City of Renton Planning Department
Municipal Building
200 Mill Avenue South ,
Renton, Washington 98055
Dear Mr. Kruger:
' Thank you for the copy of the draft environmental impact
• statement for the Shell Oil Company Petroleum Products
Marketing and Distribution Plant. I am sending this draft
statement on to Mr. Francis M. Roberts in our Spokane
office since the proposed distribution plant lies within
the East Side Green River Watershed. As you may realize,
Mr. Roberts is preparing a draft environmental statement
for the Green River Small Watershed Project and will no -
doubt be interested in the Shell Company plan.
Sincerely, F
� REGF��/E o
e D •
.
• SEP 27 1973
Max W. Fullner \1
District Conservationist
� �'�
2/NG DEP AR1Y
cc: Merle Britton, SCS—Seattle
Francis M. Roberts, SCS—Spokane
•
'' ‘.<tir
•
. .
• • • •
• •
• . .
• . • •
.
"STAFF REPORT .
CITY OF RENTON ,
PLANNING DEPARTMENT
SEPTEMBER 26 , 1973
{
.
- ,
,
>1(
APPLICATION : SPECIAL PERMIT
APPLICANT : SHELL OIL COMPANY
. LOCATION : Approximately 1 /2 mile west of East Valley Road ,
midway between the Olympic Pipeline/Mobil Oil
site and Longacres Race Track .
ZONING : H-1
APPLICABLE
SECTIONS
OF THE
ZONING CODE : 4-713
REQUEST : Special permit by the Planning Commission to con-
struct a petroleum receiving/storage/Marketing
plant on the subject site .
COMMENTS : The revised draft of the Environmental Impact
Statement has not been submitted as yet.
STAFF Continue in order to receive Shell Oil. Company
' RECOMMENDA- input for the Planning Commission and pending
TION : • the completion and subsequent review of the
E. I . S.
,
APPLICATION : SITE APPROVAL
•
APPLICANT : RENTON ASSEMBLY OF GOD ' . -
LOCATION : S . W. corner •of Taylor Ave . N, W. and N , W. 2nd Pl .
ZONING : R-1 and R-3
APPLICABLE
SECTIONS
OF THE ' :
ZONING CODE : 4-706 , 3 ; Chapter 22 , Title IV , Parking and .
Loading .
REQUEST : . Applicant requests approval by the Planning Com
mission of plans for a bus storage garage and bus
parking facility accessory to the Church . • • - , ,
, COMMENTS : 1. Architect has reviewed alternative sites
with the applicant.
2 . Applicant feels subject site and plans are
the most feasible .
STAFF '
RECOMMENDA- Recommend use of a suitable alternate site or
TION : denial due to the incompatibility of the proposed
use with present and potential uses of adjacent •• .
properties .
Renton Planning Commission
Meeting September 26 , 1973
Minutes - Page 2
ACTION :
MOVED BY HUMBLE , SECONDED BY SEYMOUR , THAT THE MINUTES OF THE SEP-
TEMBER 12 MEETING BE APPROVED AS CORRECTED . MOTION CARRIED UNANI -
MOUSLY .
3, CONTINUED PUBLIC HEARING ITEMS :
SPECIAL PERMIT:
A. SHELL OIL CO . ; Appl . No . SP-734-73 ; special permit to
construct a petroleum marketing plant in H-1 zone ; prop-
;4' erty located approx. 1/2 mile west of East Valley Highway ,
midway between Olympic Pipeline-Mobil Oil site and Long-
acres Race Track .
The Chairman reminded the Commission that this was a contin-
ued item and called upon the Planning Director to brief the
Commission on the application .
The application is for a petroleum tank farm , located in
the Valley area . The site totals 25 acres , but the area
under consideration is only half , or approximately 121/2 acres .
The Director reviewed activity that had occurred since the
last Planning Commission meeting . Communications have been
received from the City of Mercer Island Planning Commission
and the City of Mercer Island Planning Department request-
ing an opportunity to study the Environmental Impact State-
ment. Mr. Ericksen also read a letter from Mrs . Jane E .
Shafer , President , League of Women Voters of King County
South , commenting on the proposed development .
Mr. Ericksen advised the Commission that the Shell Environ-
mental Impact Statement had been received on September 24 .
A distribution of the impact statement is being made , and
copies will be available from the Planning Department upon
request .
Slides and maps of the site were shown , and the proposed
operation was described . The location is adjacent to the
P-1 channel , directly southeast of Longacres and west of
the present Mobil installation . Approximately 10 storage
tanks are planned , the largest being 40+ feet in height .
(Approximately 20 additional tanks of similar size may
eventually be added to the development . ) There will be a
two-lane access road to the site , and the operation will
have the capacity to fill and load one truck every 10 to
12 minutes .
The area has been filled , and the adjacent area is pre-
sently a pond and marsh land . It is proposed for future
industrial development on the Comprehensive Land Use Plan .
Chairman Teegarden called for questions by Commission mem-
bers .
Commissioner Lemon requested a briefing concerning the P-1
channel . Mr. Ericksen described the P-1 channel , its loca-
tion and function . '
Chairman Teegarden asked for presentation from the appli -
cant.
RENTON PLANNING COMMISSION
PUBLIC HEARING MEETING
SEPTEMBER 26 , 1973
MINUTES
COMMISSION MEMBERS PRESENT: Don Humble , Lucien Lemon , Anthone
MoTa , Norman Ross , Arthur D. Scholes , Patricia Seymour , Clark
Teegarden , Bylund Wik .
COMMISSION MEMBERS ABSENT : Evelynn Carue , Norman Ross .
CITY STAFF PRESENT: Gordon Y . Ericksen , Planning Director ;'
Lyman Houk , Public Works Department ; Willis Roberts , Recording
Secretary .
The September 1973 public hearing meeting of the Renton Plan-
ning Commission was called to order at 8 : 10 p .m. by Chairman
Teegarden .
is ROLL CALL was taken by Secretary Wik . All members re-
sponded present with the exception of Carue ( serious family
illness ) and Ross (out of town ) .
ACTION :
MOVED BY WIK, SECONDED BY MOLA , TO EXCUSE THE ABSENT COM-
MISSION MEMBERS . MOTION CARRIED UNANIMOUSLY . .
2 , APPROVAL OF MINUTES :
Chairman Teegarden called for additions or corrections to
the minutes of the September 12th administrative meeting .
The following were offered by Commissioners Seymour and
Scholes :
Regarding the subject of development of policies
and guidelines relating to open space applica-
tions at the bottom of page 2 , Commissioner Sey-
mour requested that the motion be corrected to
read : " IT WAS MOVED BY SEYMOUR , SECONDED BY SCHOLES ,
THAT THE POLICIES AND GUIDELINES FOR OPEN SPACE AP-
PLICATIONS BE REFERRED TO THE COMPREHENSIVE PLAN
COMMITTEE FOR STUDY AND REPORT TO THE COMMISSION BY
DECEMBER 1ST. " Commissioner Scholes requested that
the action regarding the motion be corrected to
show that Humble had dissented .
Regarding the Shell Oil Company application for spe-
cial permit on page three , it was requested by Scholes
that the first paragraph be corrected to read that
Chairman Teegarden reminded the Commission that this
request had been referred to the Comprehensive Plan
Committee .
Regarding Jay E. Holmes. application for rezone ,
Scholes requested that the record be corrected to
show the application as number R-743-73 .
Regarding Adolph C . Brown application for rezone , it
was requested by Scholes that the second paragraph
show correct spelling for the word "pamphlets . "
Regarding committee reports , it was requested that
the report from Commissioner Scholes relative to
Shoreline Management Committee activities be cor-
rected to read as follows : " It is expected that
the recreational element , public access element ,
and residential element will be discussed next week . "
- c .
Renton Planning Commission
Meeting September 26 , 1973
Minutes - Page 4
Mr. David Caster , Route 2 , Box 5404 , Issaquah , Washington ,
a Woodland Park Zoo employee advised that the area is a major
wintering and nesting ground for many species of birds .
Chairman Teegarden noted that the Comprehensive Land Plan has
indicated heavy industry in that area for approximately ten
years . At the time the designation was made , the people of
Renton wished to attract industry. It seemed logical then
because it was served and owned by the railroad . Today both
the government and the public are concerned about environ-
mental impact .
In response to questions from Commissioner Scholes regarding
the source of supply and possible expansion of the facility ,
James Clarkson , Shell Harbor Island Plant Manager , advised
that presently all gasoline products and light oil are re-
ceived from the Anacortes refinery. It was estimated that
there would be an average of 160 trucks per day during two
ten-hour work shifts , and storage is proposed for 600 ,000
barrels .
Seymour commented on the possibility of one proposal lead-
ing to another and inquired if further similar interests had
been indicated . Mr. Ericksen responded that there have been
inquiries from three major oil companies . Seymour reported
that she understood that Mobil Oil ' s application had origi -
nally been denied by King County and requested that the staff
check with King County regarding their operation .
Commissioner Mola questioned Shell again as to what extent
alternate sites had been studied .
Mr. William Grant , 1040 Redmond Avenue , N . E . , Renton , speak-
ing as a " concerned citizen , " recommended that the Compre-
hensive Land Use Plan be changed to utilize green belt areas
in the Green River Valley and suggested that the views of
the Puget Sound Governmental Conference as to proper location
of oil storage tanks be requested .
Karen Chandler , 15325 S . E . 52nd , Renton , asked if it would
be feasible to turn the problem over to the Puget Sound En-
vironmental Policy Committee of the Puget Sound Governmental
Conference .
The Planning Director advised that he had talked to the Puget
Sound Governmental Conference Environmental Planning Director
today , who acknowledged receipt of the impact statement and
anticipates submitting input.
ACTION :
MOVED BY SEYMOUR , SECONDED BY SCHOLES , THAT THE SHELL APPLI-
CATION HEARING BE CONTINUED TO THE NOVEMBER 28TH PUBLIC HEAR-
ING. MOTION CARRIED UNANIMOUSLY .
Scholes moved that a five-minute recess be called , seconded by Sey-
mour. Meeting was recessed at 9 : 50 p .m. and called to order again
at 10 : 00 p . m. It was noted by Commissioner Wik that all Commis-
sioners were present.
Chairman Teegarden noted that it was obvious that the Commission
would be unable to complete its agenda and , therefore , called for
a motion postponing all new public hearing items .
Renton Planning Commission
Meeting September 26 , 1973
Minutes - Page 3
Mr. Wesley Hodge , Shell Oil Company attorney , introduced
the Shell representatives in attendance . He described
the operation as a "petroleum products marketing plant , "
basically a fuel storage facility . There are no plans
for manufacturing or refining . Mobil is also a storage
facility . The property was originally acquired in 1969
as H-1 from Olympic Pipeline property . While the Shell
site comprises 25 total acres , there are no present ex-
pansion plans from the proposed 122 acre development
based on present market conditions .
Mr. Hodge noted that the reasons for the relocation are
as follows : moving a portion of its Harbor Island plant ;
convenience in being located next to the Olympic Pipeline ,
the source of supply ; and a more central location for mar-
keting their product.
The tanks will be a color that will blend with the hori -
zon and will be 40 feet in height , rather than 60 feet ,
due to a grade level starting at 20 feet . Diesel oil
and various brands of gasoline will be stored .
They will have specially designed trucks which will alle-
viate obnoxious odors , emissions , and spillage . The area
will be completely diked ; utilities will be underground .
Plans include fencing , landscaping and a fire lane . Dust
control will be written in the specifications for the con-
tractor ; no dust is anticipated from the products . The
plant has been registered with the Puget Sound Air Pol -
lution Agency . Fire protection system has been designed
with the Renton Fire Department ' s recommendations . Light-
ing of the area will be directed toward the interior of
the property . The area will be enclosed by a seven foot
cyclone fence with barbed wire on top , located on the
property line , for safety and security reasons .
The Chairman called for questions of the Shell representa-
tives from the Commission .
Mr. Ed R . Burgen , Shell representative from Houston , re-
sponded to questions requiring an engineering viewpoint .
Chairman Teegarden called for questions from the audi -
ence .
Mary Matson , 7273 South 128th , Seattle , Washington , asked
if this is the best use , and is this the best place for
these tanks?
Ann Mack , 9428 S . E . 54th , Mercer Island , Washington , mem-
ber of the Seattle Audubon Society , opposed the project
because of the accelerated development and encroachment
on open space .
Chairman Teegarden inquired about alternate sites . Mr .
Hodge advised that five sites were considered : continu-
ation at Seattle ( Property is desired by Port of Seattle . ) ;
upgrading of the Tacoma site ; relocation to Olympia ; con-
nection with Olympic ; and relocation to Renton . Because
of the reasons stated earlier , Renton was selected .
Jim Himmelright , 7003 South 131st , Renton , voiced
his objections to the proposed development . His property
overlooks the Mobil site .
F R,
!U PLANNING DEPARTMENT • RENTON,WASHINGTON
!n 5 MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235-2550
'4rEnsEF1*'eo MEMORANDUM
•
•
•
September 25 , 1973
TO Files
FROM. G .., R. Kruger'
SUBJECT : Shell Impact Statements Received 9-24-73
•
•
Yesterday . I received, approximately approximatel-y ,60 '. copies of a
draft EIS' shipped via ,air ,freight .from' Houston , Texas .
There ' was no cover:, l etter. explaining the shipment.
Also.. Laura Li ndstron; .telephoned yesterday' to thank
me for the Shell EIS . This distribution, was 'not: author-,
ized yet because a ,cover .letter was to' be.: included ex-
plaining the EIS and establishing a review 'period .
Several' letters. had• been sent to Shell explaining
.the' procedures . . Wes Hodge , .attorney,• for . Shell , said he,
• would call 'me today, . after :he talked with Ed Burge,n to
explain what' had happened , "including the amount of dis
,tri bution . , •
MEMORANDUM
TO G . Y . Eri cksen DATE 9-25-73
FROM G . R. Kruger
SUBJECT Shell EIS
Ed Burgen telephoned me to apologize for mailing the EIS
to the reviewers . There was a communication problem in
Houston .
Mr. Burgen suggested that Shell write and send a letter
explaining what happened. He will contact me tomorrow with
a draft.
I indicated that I would contact you on this matter and that
we would work toward a solution .
GRK:wr
r
Grand Central on the I'ark • First and So. Main • Seattle, Washington 913104 • 206/46.1••7091)
psGcPuget Sound Governmental Conference
September 24, 1973
Gary Kruger, Associate Planner -
City of Renton, Planning Department
Municipal Building
• 200 Mill Avenue South
Renton, Washington 98055
Subject: Administrative Approval Procedures for Shell Oil Company.Plant.
Dear Mr. Kruger:
•
The Puget Sound Governmental Conference has received your Draft -
Envir onmental Impact Statement submitted i:'or comments purstiant to the
State Environmental Policy Act. Log number 2/365/73 was assigned
to this Impact Statement on September 24, 1973. It will .be helpful if you
refer to this number during any future correspondence. •
A thirty day period is allocated for review of your Draft Environmental
Impact Statement. During this period the Conference will review and
comment on your Impact Statement, and solicit review comments from
potentially affected localities and agencies. The purpose of this review
is to insure that presently unquantified environmental amenities and values
will be given appropriate consideration in decision making, along with
economic and technical considerations. •
Mr, Dave Kalberer (phone: 464-6873 ) will be responsible for the review
and local coordination of your Draft Environmental Impact Statement.
Copi.es of the formal clearinghouse comments will be transmitted to you,
the state clearinghouse, the appropriate funding agency, and the State
Department of Ecology for their consideration. The review of your Impact
Statement will follow the procedures stipulated within the 'Federal Aid
Review Procedure Manual' published by the Puget Sound Governmental
Conference.
1V, r r tr ul�r yours,
, t .,
Mart Kaslc
Executive Director /fr
MK:RLMcC:hc , Q. O
� 19�3
•
PSGC Form R-6
(Revised 12/27/1972)
t. J �,i..
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•
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LEAGUE OF WOMEN VOTERS OF KING COUNTY SOUTH 1-Z'` J' 'r�'
634 S.W. 149th#3 • SEATTLE, WASHINGTON 98166 • 246-8691 `A vv ��( (, i 7:-- .
September 21, 1973 v c"):
Renton City Council cs. r P.M ED
:
4 '
Municipal Building •(-- 3; � " 1 '
Zt:,4nZ .
200 Mill Ave, So, u1 �� : .. • ' Renton Wn. 9b055 j Y-, .r•�.t i V!R-,' .
Dear Sirs; `'�(�'= �=�'
This letter is being submitted to the Renton City Council and
Renton Planning Commission regarding the Shell Oil. Company
request for permission to build oil storage tanks on their •
property on the Orilla Flats,
•
The League of Women .Voters has been aware of the need for -
comprehensive planning in the area of land use for more than a
decade. We have studied local, regional and state land use •
planning since 1961 and through these studies have reached .s
positions on this subject, ,
In general, we support policies and procedures which promote
cooperative, :Long range planning for comprehensive land use
managements
The Orilla Flats has unique characteristics making it desirable
for industrial development and simultaneously an area suited'
to use as a green belt or open space. At times ecological and
aesthetic -considerations seem at variance with practical
economics and irnraediate human needs, 1f •population trends continue,,
energy needs with attendant bulk storage facilities, pipelines,
etc. will increase and pressure to develop open spaces, green
belts will also increase, We pose the question, Can this con-
flict be aaequately resolved without analysis of how best toa
Meet the results of energy demands on a regional basis? All
factors must be considered, weighed and balanced with tne .long
range view in mind,` We believe effective land use planning should
have coordination 'and inter-commuhicatibn between governmentc
levels, thus hopefully preventing patchwork or 'piecemeal decisions.
Finally, because we support citizen participation at all levels
we ask the related' question, ' will the environmental statement
get enough publicity so the citizens are aware •of the raniifica-
ti-ons of any decision made on the aforementioned. matter? . i° '
Sincerely,C
t ,
a-f2z✓G rzc--- r ,r
• T
Mrs. Jane E. Shafer- . . ' , : '
President; • l
League 'of vVomen •Voters of King County South • , •
.1 • • . .• . . 4 c.
A non-partisan organization whose purpose is to promotepolitical'responsibility through informed
and active participation of citizens in government b'
}
OF
C.) \ }
,Z Pa.ANNINCG DEPARTMENT e I2ENTON,WASIi.INGTON
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 41XWig
.. 235-2550
I CA PITA�Oc,a?
September 18 , 1973
Don Frothingham, Chairman
Planning Commission
City of Mercer Island
3505 88th Avenue , S . E .
Mercer Island , Washington 98040
RE : Regional Projects - Environmental Impact
Dear Mr. Frothingham:
This is to advise that the items in which you had previ - .
ously expressed interest , specifically
1 . Olympic Pipeline
2 . Shell Oil Company Tank Farm
are presently still pending . A public hearing on the Shell
Oil request. will be held by the Planning Commission on r
September 26th in the City of Renton Council Chambers at
8 : 00 p .m. We will keep you advised of any changes in the
present status .
The Environmental Impact Statements on the subject items
will be forwarded as soon as the initial drafts are com-
pleted and made available for distribution .
If you have any questions on the subject matter , please
contact the Renton Planning Department.
Very ruly yours , �
7,-) (
rdon E -cisen
Planning ector
GYE :wr
•
•
CITY OF MERCER ISLAND, WASHINGTON
July 23, 1973
Planning Commission
City of Renton
200 - Mill Ave. So.
Renton, Wa. 98055
RE: Major Regional Projects
Dear Commissioners :
The City of Mercer Island Planning Commission, as part of its review functions,
considered. at a Public Hearing on July 18, 1973, several projects both,on
the Island and near Lake Washington that may have a significant impact on
the Island and the Lake. Several of these projects discussed are or will
be in the future under consideration by the City of Renton staff, Planning
Commission or City Council . It appears that some of these projects may
be of potential concern to the citizens of the Island.
The City of Mercer Island Planning Commission, therefore, respectfully requests
that we and our City staff have an opportunity to review the projects listed
in the attached letter of July 9, 1973 to your Planning and Public Works
Directors . This review would necessarily come prior to any final approval
of these projects . We would also welcome the opportunity to meet jointly
with your Commission and staff as well as other Commissions in the area
such as Bellevue to discuss these matters.
Thank you for your consideration of our request.
Very tr your
AD
/:/gOt
•
Don Frothingham, Chairman
Planning Commission n'
::: Renton
City Council
CEIVED iso:
Mayor Avery Garett
.9.
Renton Planning Director JUL 241973
Mercer Island City Manager (/'.1
Encl . (1 ) PIP/ • 16
•
• G DEP
3505 Roth Avenue S.E. • Mercer Island, Washington 98040 • (206) 232-6400
I '
+ r CITY OF MERCER ISLAND, WASHINGTON
K f a.
July 9, 1973
Mr. Gordon Ericksen
Planning Director
City of Renton
20- Mill Ave. So.
Renton, Wa. 98055
Dear Mr. Ericksen:
This letter is to formally confirm a request by the City of Mercer Island to
review any Impact Statement for projects which might have an affect upon
Lake Washington or the tributary areas of Lake Washington such as the Cedar
River or May Creek.
It is our understanding that you have before your staff, or other city
staffs, various projects which might fall within this general classification.
We have appreciated your response on our questions in the past on such
projects as the Renton Field Expansion and the Boeing Hydrofoil Program
and the receiving of Environmental Impact Statements when they have been
filed. It seems appropriate that Impact Statements should be necessary for
the following projects as we understand them to date:
1 . The Olympic Pipeline.
2. The oil burning and fire fighting facilities on Renton Field for
the Boeing Company.
3. " Any proposed Master Plan expansions by the Port of Seattle in
the Green River Valley or near Lake Washington..
4. Any fill within the flood or alluvium plains of the Green or Cedar
Rivers such as projects similar to the proposed Burlington Northern
56 acres of fill .
5. The Boeing application or ramp and dock facilities to be utilized
in their Hydrofoil Project.
3505 88th Avenue S.E. • Mercer Island, Washington 98040 • (206) 232-6400
h
• II
ti Mr. Gordon Ericksen
" July 9, 1973
Page 2
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6. The Shell Oil Company's application for tank farm storage in a
heavy industrial zone of Renton near I-405. Any project, including
application for the storage of raw or processed petroleum products
in this area, it would appear an Impact Statement is appropriate
and we would appreciate receiving Assessments as well as Preliminary
and Final Statements.
, ,
7. Quandall Terminal Project; any development in this area, particularly
if it involves a dock of greater than 100 feet, any sizable number
of boat slips or the refining and/or handling of any petroleum
products potentially involves both significant visual and environ-
mental impacts on the east side of Mercer Island; therefore, we
request that any information pertaining to this application and
any relevant Assessments or Statements be sent to our Department.
In general , it is not our intent to express significant concern over some
of these projects, however, rather to act as a clearing house for questions
from Island citizens and public agencies. I have been directed by our
Environmental Impact Statement Committee, consisting of both staff and
Council members and by our Planning Commission to review these projects
and report their nature and extent in the near future. I appreciated your
cooperation on the phone the other day and would appreciate any information .
forthcoming relevant to these projects.
Sincerer ••
le?"124:1--.--
Rbbert W. Thorpe
ssistant Director of Planning
(Environmental Coordinator-
Environmental Impact Statements) •
RWT:dg
cc: Warren Gonnason, Renton Public Works Director
Deputy City Attorney
Environmental Impact Statement Committee i , .
•
(.) PLANNING DEPARTMENT • RENTON, WASHINGTON
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235-2550
4'ED SE OA 81 MEMORANDUM
September 18 , 1973
TO : Bill Grant , Chairman
Community Services Committee
Henry Schellert , Member
Dick Stredicke
FROM : G. Y. Ericksen , Planning Director
SUBJECT : Preliminary Draft of Shell EIS for
Oil Storage Facility Proposed in
Lower Green River Valley
Attached is a copy of the above for your infor-
mation . A later edition should be available soon
for public distribution and comment.
Attachments
i .
Renton Planning Commission
Meeting September 12 , 1973 ,
Minutes - Page 4
• At this point ,Mrs`: 'Adolph C . ,. Brown was recognized b.y '
Chairman Teegarden : '' Mrs : ' Brown presented :s,ome phamp;h:-
lets showing photographs of the type of :-building they
plan to erect. The phamphlets were accepted ,by the,
Commission ;for study -and-to !-he.co'm.e, a' -part' of:'the ap''-
plication .
•
SITE APPROVALS :
::D;; STERNOFF :ME:TALS' 'CO;RP .'1; 'App`l:' SA`.-744!,73'; ..`si°te' approval
- • :. fo.r' multi -p.hase wire irgra,nul'at•i ng system' for °r°ecycl i ng
of ..industrial. use :'c'op'per and ' al`umi'num' w'i re'';`'pro'perty
located on So . 180 St.
i.! ;! . - , -The Sternoff !.appl i-cation was' presented` :by:` Chairman Tee-
!. ., : ,! . . , :garden with. the request that' approval ` bee` de red' at
er ::this meeting . !‘ Two 'letters from "the' Sternoff•'Corpo:r,a-
tion regarding their application and requesting early
consideration were read by Mr. Ericksen . (Commissioner
Seymour r.equested'.yth'at copies ' bf the` two ' letters from
the Sternoff :Corpo=ra'-ti on 'be . distributed' to th'e Planning
Commission . ) Mr Ericksenadvised that while`. site ' 'ap-
pro'va_l.s, do 'not ! require publ it hearings ', ' it has'"peen the
. • practice 'that ' they- be' 'reviewed'' at 'public' hearing .meet-
.ings .
The Planning Dire'c'tor' stated that ! the Site ' ( approximately
22 acres ) is adjacent to the present. development , in an
' H- 1 ! zone . .. . Proposed use is for a recycling" processing
plant . for: copper and ,al uminum :wire`. " -The property ' l oca-
tion was no.ted...by Mrs:=' Ericksen % and slides of the ,,pre-.
sent development, and proposed site were shown 'He ' ad-
vised that the restrictive covenants' fi l ed ''at 'the ' time
of. zoning . require -Planning :Commission 's'i'te plany'revi'ew.
The Commission 'was advised: by ,the Planning' D'i're'dtor
that the applicant• has 'agreed t:o -screen 'off the area
with poplar trees at 12 feet on center . Wik questioned ..
:.the need ,'for internal ;screeni'n'g' 'of !. the`~'lp,r'op"erty s- i•na's- ! -
much as this two acre site is only part of a master, .,
plan of 36 acres . It was pointed out by Chai rn�an...Tee-
garden that the master plan may never be consummated ,
and-therefore screening must be :'cons'ide-red .
The Planning Director stated that the no:rMal pr®'cess
is to require an environmental assessment to determine
i,f an, EIS is required The :Planning :staff feed 's-' that
. at this time,_the ;EIS .is ..not essential but, 'that the Com-
mi.ssion .may ;have: same c1on.cerns .on the subject. The
applicant was .i.nfo:rme,d _by; staff. -that :an. EIS[ would be
.necessa,r*, as‘:...theirt demel:.opment:. :pro.gre-s`ses: :": •
.Ch;ai,rman...T.eegarden called :for: presentation from the ap-
,, ;pa.;i cant , ; Carp.. C. 'Stern:o:f,f, secretary ,F S:ter'n:o:ff , Metal s
Corporation , stated that the relocation off, the'' drain-
age ditch has held up their development . He described
the proposed operation and its economic impact on the
• area . The storage of materials outside of designated
areas at the present development was attributed to
strikes by steel mills for nine months . He stated that
Sternoff would live up to the covenants "one hundred
percent" and again requested early consideration .
Renton. Planning Commission
Meeting September 12 , 1973
Minutes - Page 3 ;
•
FOR OPEN SPACE BE REFERRED TO THE COMPREHENSIVE PLAN COMMITTEE FOR
STUDY AND REPORT TO THE COMMISSION BY. DECEMBER 1ST . MOTION CARRIED ,
SCHOLES DISSENTING.
4, CONTINUED PUBLIC HEARING ITEMS: ( For September 26th meeting )
SPECIAL PERMIT:
A. SHELL OIL CO. : 'Appl . No . SP-734-7.3 ; special permit to con-
struct a petroleum marketing plant in H-1 zone ; property
located approximately 1/2 mile, west of East Valley Highway ,
_ midway between Olympic Pipeline-Mobil Oil site and Longacres
Race Track .
Chairman Teegarden reminded the Commission that this request had
been referred to the Community Services Committee and suggested
that the study be continued and a report made at the September
26th - hearing . '
Mr. Ericksen advised the -Commission - that the draft of Shell 's
Environmental Impact Statement was being revised in accordance
with recommendations of the Planning Staff. However , communica-
tion with Shell by the staff indicated that the revised EIS is
not ready as of this date . . The staff has - advised Shell that
they should be prepared to make. 'their presentation at the Sep-
tember 26th public hearing , as scheduled , and that any final
action will have to be held pending the EIS .
Humble commented that because Shell does not have 'the EIS to
consider, the Commission as a whole will be unable to act until
30 days after submittal , if then . Seymour suggested that the
public hearing should therefore be postponed from September 26th .
Scholes -was in agreement . It was the opinion of Chairman Tee' •
-
garden that the Commission could continue the hearing if desired
on September 26th . Mr. Ericksen concurred that the hearing'
should be held on September 26th , as scheduled , in spite of the
delay in receiving the revised EIS .
5, NEW PUBLIC 'HEARING ITEMS : ( For September 26th meeting )
REZONE:
B. JAY E . HOLMES : Appl . R-743 ; request for rezone from G6000
to L- 1 , property located on Grady Way South between Lind
and Seneca S . W. -
Mr: Ericksen described the application and pointed out the
property location . He noted that the adjacent area was
zoned L-1 , and the property was developed in accordance with
the old standards . However, the existing development is not
in conformance with present standards (fencing on property
line , no screening or landscaping and signs that may be in
excess of the sign ordinance ) . He advised that the area is
" indicated light industrial or M-P on the Comprehensive Land
Us-e Plan .
C,, ADOLPH C. BROWN : Appl . R-747-73 ; request for rezone from 'G
to B-1 , property located approximately 150 feet east of Park
Ave . , North on N . 30th St. S
Mr. Ericksen described the application and pointed out the
location of the property .. He advised that the area had been
previously zoned ,commercial while in King County but reverted
to G zoning when annexed to the City. The Comprehensive Land
Use Plan indicates the area as commercial . The proposed ,use
is in accordance with former King County zoning and compati -
ble ;with other uses in the area . S
.�: . SHORELINE COMMUNITY COLLEGE
DISTRICT N0.7
16101 Greenwood Avenue North • Seattle, Washington 98133 • Area Code 206 • Lincoln 6-4101
•
September 6, 1973
•
Mr. Gary R. hruger
Associate Planner
City of Renton
Renton, Washington 98055 '
.
Dear Mr. Kruger:
Recently you sent me a copy of a Draft Environmental Impact
Statement submitted to your office by Shell Oil Company.
As discussed with you over the telephone, this request is
subject to Washington State Environmental Policy Act of 1971,
Chapter 43.21C RCW.
The Interdisciplinary Advisory Committee is set up to handle .
requests influenced by the Shoreline Management Act hence the
request you 'submitted is being returned to you. I am sorry we
will not he able to'be of assistance. Please feel free to
contact me again.
Very truly yours,
T. E. Stephens, Coordinator
Region IV -- Department of Ecology
Interdisciplinary Advisory Committee
mma Enclosure ; '` nrl/r O\ .
SEP 7 197 : 1
_. _
'11/41
• G DEN\
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4OF -17
PLANNING ,D14..PAI2TMENP • RENTON, WASHINGTON#
:CIN0MUNICIPAL. BUILDING • RENTON,WASHINGTON 98055 • BA 8 3310
CAPITA.
September 4 , 1973
A. Wesley Hodge
905 Norton Building
Seattle , Washington 98104 •
Re : Preliminary Draft of Shell ' s Environmental
Impact Statement
•
Dear Mr. Hodge :
Pursuant to our telephone conversation this after-
noon , you indicated that you will forward my August 27 ,
1973 , letter to Houston this afternoon . You were unable
to accomplish this earlier since you were on vacation .
This will enable Shell to proceed with its environmental
impact statement ( EIS) .
It is my recommendation that Shell make a presenta-
tion at the September 26 Planning Commission meeting as
was previously scheduled . As you stated , the Planning
Commission would probably have to wait until the October
public hearing to make a decision to allow the draft EIS.
to be distributed , comments received , revisions made and
the final EIS distributed .
Should you have any questions about the timing of
the public hearings or presentations to the Planning Com-
mission , please contact Gordon Y . Ericksen , Planning
Director , at 235-2550 .
Very truly yours ,ou
Gary R . Kruger
Associate Planner
•
GRK:wr
vj
j t'LANNIN(: 1)EPA12'1'A114:N'1' • RENTON, VVAti111N(i'1'ON
MUNICIPAL BUILDING ® RENTON, WASHINGTON 98055 • 8A 8-3310
August 27 , 1973
9r CAPIT-
A. Wesley Hodge
905 Norton Building
Seattle , Washington 98104
Regarding: Preliminary Draft of Shell ' s Environmental
Impact Statement .
Dear Mr. Hodge :
This Department has reviewed the preliminary draft of
Shell ' s Environmental Impact Statement (EIS) for the proposed
petroleum products distribution plant received on August
20 , 1973 . The Public Works Department is in the process of
reviewing it , especially the access provisions .
The points noted below should be clarified , but this Depart-
ment will accept the August 20 edition for review by other
interested agencies and persons in the interest of expediting
your request. Please send one hundred (100) copies of the
draft EIS to this Department. Those copies of the EIS that
will be distributed to the reviewers should be in unsealed
stamped ,first class , addressed envelopes so a cover letter
can be inserted by this Department . Be sure to allow
sufficient postage for themcover letter .
The interested agencies and persons will be allowed thirty
(30) days for their ',review. Should such an agency or person
request an extension of time to complete their review, this
Department is required to grant a reasonable extension.
After the comments ar.e submitted to this Department , the
comments will be forwarded to you for the preparation of
the final EIS . It would be advisable for us to get together
to review the comments so the final EIS will satisfactorily
address itself to the pertinent comments . After the EIS
has been reviewed and approved by this Department , the
final version may be distributed. Only after the distribution
of the final EIS c'an the City consider the issuance of the
various permits required. This process and an appropriate
time' allotment should be noted in Shell' s time schedule.
Below are listed; the clarifications that apply to the August
20 edition: -
PAGE SECTION RECOMMENDED CLARIFICATIONS
Front cover is to be revised and "spruced
PAGE SECTIO RECOMMENDED CLARIFICATI S
up " as indicated by Shell .
Recipients of the Document should list the
people their title and address . Add the
following :
Karen Chandler
15325 SE 232 St.
Kent , Washington
J . Wayne Patman
11782 Sand Point Way NE
Seattle , Washington
2 Alb In the third line of the first paragraph
change "cannot" to "can " ;, in the fourth
line add "only with considerable expense"
at the end of this sentence .
'2 Alb In the second and third paragraphs
"Utility Engineering Department"
should be "Utility Engineering Division " .
2 A3 In the sixth and seventh lines " Interstate
Highway 405" should be " FAI 405 . "
6 A7b The Flood Zone Permit number issued
should be listed and a copy of the permit
included in the appendix .
9 , 10 A8a It should be noted that the P-1 Channel
is proposed on Figures 3 and 3A :
•
12 A8e The own-consumption refueling island is
to havethe same setback from the south
property line as the oil tanks . Should
,.this arrangement have a lesser impact ,
it ought to be compared to some alter-
native (which is not mentioned) .
12 A8f( 1 ) More objectivity should be used in the
treatment of the two positions on land-
scaping . Some explanation of the City
position should be included . Shell
should state how ,if it is able to , their
• proposed five ( 5) feet of landscaping will
effectively screen the tanks and truck
•
loading activity . It is not acceptable
to say the tanks can ' t be screened so
•nothing needs to be done . The purpose
of landscaping is to minimize ,if not
eliminate , potential detrimental effects
on adjacent property . Shell should prove
that it will not have any detrimental
effects on adjacent areas and therefore
should be allowed to locate in the
proposed site .
PAGE SECTION RECOMMENDED CLARIFICATIONS
14 A8f(4) The third paragraph could have a problem
as a City ordinance requires that all
new electrical services be underground .
A variance must be obtained for new over-
head utilities .
14a . 15 A8f(6) . More objectivity should be used in the
treatment of the two positions on fencing
and access . Some explanation of the
City ' s position should be included .
If shell is reluctant to do something
because of cost , that should be stated .
Anything proposed should • be sufficient to
do the intended job . Shell should
substantiate that what they propose for
access is adequate and reasonable .
•
Should you have any questions , please contact rue .
Very truly yours ,
•,i I
Gary , R. Kruger
Associate Planner
CRK: td
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ov
14 PLANNING DEPARTMENT • RENTON,WASHINGTON
O
Al limiRi MUNICIPAL BUILDING, • RENTON.WASHINGTON 98055 • 238 7880
f
DSEP'�
44 E�Oq MEMORANDUM
August 21 , 1973
I .
TO : Warren Gonnason , Public Works Director
FROM: Gary R. Kruger
SUBJECT : Review of Shell Preliminary Draft Environmental Impact
Statement.
; Please review the attached Shell EIS . Particular attention
should be paid to site access on pages 14a and 15. and surface
drainage on page 25 as these are in your area of concern .
Would it be possible to have this EIS reviewed by Monday ,
August 27 , 1973?
GRK: td
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OF ri-
• - Uti \% ;�•_-.. + 1 PLANNING DEPARTMENT • RENTON,WASHINGTON
' t 4 MUNICIPAL BUILDING • RENTON.WASHINGTON 98055 • BA 8-3310
9 9 �O p
yQ°.9l CA PIT AL Of,�S. August 21 , 1973
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• A. Wesley Hodge
Norton Building •
Seattle , Washington 98104 .
Re : Shell ' s Preliminary Draft . of an
' Environmental Impact Statement (EIS)
Dear Mr. Hodge : .
This letter is to acknowledge receipt yesterday of six
copies of a revised edition of Shell ' s preliminary draft •
EIS for a proposed refined petroleum products storage
facility. The revised edition is being reviewed by this
Department and the Pu blic .Works Department. Just as soon
{ as the revised edition has been reviewed , I will contact
you .
As you are aware , after an acceptable draft EIS has been
prepared and published , it must be distributed to various_
concerned agencies and people for their review. This re-
view period is for minimum of thirty (30) days after '
receipt of the EIS. Upon receiving written comments from.
the reviewers , the draft EIS must be rewritten to reflect
their pertinent comments . After a satisfactory final EIS
has been prepared and distributed , then it would' be appro-
- priate for the City to consider the issuance of the vari - ,
. ous permits required for Shell ' s proposed facility .
II The above time regtired. for the EIS should be injected
• into Shell ' s overall schedule, ' including the Harbor Island
_ and construction time restrictions . ' .
Should you have' any questions, please contact me .
Very truly yours , .
- Gary R. Kruger - .
- Associate Planner - - -
GRK:wr • . , - .
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TON
SHELL OIL COMPANY
ll�� `A
TWO SHELL PLAZA ›, Cl,� `f) ; 2
•
P. O. BOX 2105 AC?
v j
HOUSTON, TEXAS 77001 �QQ
✓' O
August 17, 1973 Pl.ANN0NG
Mr. Gordon Y. Ericksen, Planning Director
City of Renton
Municipal Building
200 Mill Avenue South
Renton, Washington 98055
Subject: Environmental Impact Statement
Renton, Washington Plant
Dear Mr. Ericksen:
Reference is made to the draft Environmental Impact Statement
covering Shell's proposed Marketing Distribution Plant at Renton, Washington.
As requested, we have made additional changes and six copies
of the latest draft are attached for your review.
Please note that we have incorporated statements covering the
differing positions on landscaping, fence location and scope of access.
Also included is the reasoning on why Shell thinks their approach is most
advantageous.
We look forward to receiving your concurrence and approval on
this draft.
• n y truly yours,
41,V
J. . eiler, Manager
P ant/Environmental Engineering
arketing Engineering
Attachments
ERB:cdn
' cc: Mr. A. Wesley Hodge (w/attachment) •
Hodge, Dahlgren, Inc.
Norton Building
Seattle, Washington 98104
ems'(,
UI PLANNING I)LPARTMENT • RhNTON,WASHINGTON
oMUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • BA 8.3310
9 *
I 4`r4 ♦r�
��� CAPITAL�`
August 9 , 1973
A . Wesley Hodge
905 Norton Building
Seattle , Washington 98104
RE : Preliminary Draft of Shell ' s Environmental Impact
Statement
Dear Mr . Hodge :
Pursuant to our telephone conversation today on the above , .
it is agreed that Shell should proceed as soon as possible
to prepare the preliminary draft of the environmental impact
statement '(EIS) . After the EIS has been rewritten , a few
copies should be forwarded to this Department , so it can
be reviewed . Upon completion of the review and a determination
that it is satisfactory , you will be contacted to publish
the necessary copies and furnish stamped , addressed envelopes
so this Department can enclose a cover letter and distribute
the EIS to interested agencies and people .
It is my recommendation that Shell ' s landscape architect
contact Joan Lankford of this Department to discuss the
questions of landscaping and the fence prior to Shell rewriting
the EIS . I concur with you that the landscaping and fence
should be adequate to effectively screen and protect the
proposed facility and that the burden of proof is on the
applicant .
The Question of adequate access , as with landscaping and
fencing , must be addressed in the EIS . Alternatives should
be included , and it is Shell ' s responsibility to document
that it has selected the best alternative .
Very truly yours ,
•
Q, ' '7. /Cr'zy
Gary R . Kruger
Associate Planner -
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SHELL OIL COMPANY RECtI�ED o\
TWO SHELL PLAZA �le6- 2
P. O. BOX 2105 ~
HOUSTON, TEXAS 77001 T'2/ '���
DEpAo
August 8, 1973 v
Subject : Proposed Renton , Washington
Plant
Mr. A. Wesley Hodge
Hodge , Dahlgren , Inc.
Norton Building
Seattle , Washington 98104
Dear Mr. Hodge :
We have reference to your telephone conversation with
our Mr. E . R. Bergun on August 7, 1973 , concerning a request for
information on anticipated construction schedules for subject
Plant . This timing information is to be forwarded to the City of
Renton Planning Department .
The construction bid package on this project , which con-
sists of engineering drawings and specifications , is essentially
complete . This statement is made even though we anticipate that
some minor changes or corrections will have to be made on the
drawings . Bids also have to be obtained and we believe that this
can be handled during the period required to obtain the Special
Use Permit and subsequent building permits . We visualize that
Shell will issue a purchase order covering the actual construction
shortly after we obtain the above building permits . It would be
inappropriate to issue any purchase orders prior to securing the
necessary builcting permits .
It is our assumption that the selected general contractor , .
will start construction shortly after receiving a purchase order
and at least a full year will be needed to build the Renton Plant .
At that point in time , the distribution of gasolines and distillates
will be switched over from Harbor Island to Renton . We will then
start to relocate our remaining Harbor Island products from the
property being sold to the Port of Seattle , to our retained prop-
erty at Harbor Island . The Port of Seattle will not have complete
access to the contracted property until we relocate those remaining
products at Harbor Island . This operation may take another six
months .
Mr. A. Wesley Hodge 2 .
•
It should be noted that the transfer of property at Harbor
Island is planned for December 1 , 1974 . In view of this , we are now
behind schedule .
We trust that this information will be of assistance .
V ry truly yours ,
•
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. F . Weiler , Manager
Plant and Environmental Engineering
1 — dlit-e,t& /
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Vol.III No.XXX Greater Renton's Own New• spaper' 19e ; . • Aug.1,1973
I
PlañnIrs. 1 delaydecsQan d1 .
•
Longacres, Shell . petitions ,,
. , Whether or not the Long- Any recommendation by told the Commission it is'
acres racetrack qualifies for the Planning Commission planned to move from four assessment as "open space".
under a recently enacted will go to the City Council to six of•the tanks at'first
state law—reducing its tax for implementation. Under and that when the full num-
1 • evaluation from $20,000 to state law the Council has bar are moved it will involve
F about $700 an acre—will not • until late in October to.make the improvement of about•
be decided immediately.The_ a determination. . half the 25 acres owned by'
1 Renton Planning Commis- the firm.
sion heard lengthy argu- Also in waiting)is the peti-.
•
ments Wednesday night and tion of Shell Oil Co. for per- •, Related to this proposed
decided to refer the petition : mission to move from eight development is the applica-
1 to a committee with instruc. ' to 10 storage tanks from Har- tion of Olympic Pipeline Co.
tions that it report at the bor Island to its property for a franchise to lay a 20-'
1 next administrative meeting south of Highway 405 and in- inch line alongside its pres-'
Sept.12. side the corporate limits of ent 16-inch pipe through Ren-;
Renton. Company officials ton. • 1
• 1 The "open space' 'act was • +.
1 passed by the legislature - •�
two years ago,and amended
somewhat on ••the last ses- •
. ' sion, for the purpose of pro-
. I tecting owners of farm land,
I pasture land,forest land and .
•
the like from the doctrine of
I assessment on the basis of '
1
"highest and best use." .
1
Under the old doctrine a I
1 truck gardener between 1
1 Renton and Kent found the i
i land on which he eked out a ' •
. . living by producing lettuce, ,
carrots and other garden
vegetables assessed on the •
basis of the neighboring 10 •
' acres which had been sold
1 for $25,000 an acre as,an in-
dustrial site.
Kent Carlson,attorney for;'
1• Broadacres, Inc., corporate'
' - owner of Longacres,suggest-
ed that the track is operated
-only 90 days out of the year,
I that its infield is a pretty
green spot available for the
enjoyment of anyone passing
by and that the -whole site
1 is a refuge for waterfowl and
1 other wildlife during the off .
1 'season.
' 1 He indicated that unless
the "open space" designa-'
tion is allowed, Broadacres
might be required to sell off.
land now used for parking • .
i and turn the infield into a• ,
parking lot. •
.
I
:Al.
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�."�'r41 PLANNING DEPARTMENT 0 121;NTON,WASHINGTON
mom Q
MUNICIPAL BUILDING 8• RENTON,WASHINGTON 98055 • BA .3310 .
9y �
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41
I'�pORT CAPITM.13. July 26 , 1973
' .
Mr. A. Wesley Hodge .
' 905 Norton Building
Seattle , . Washington 98104 .
Re : Preliminary Draft -of S'hell ' s ' Environmental .
., • . Impact Statement.
Dear Mr. Hodge : '
+ This department received your letter dated July, 25 , 1973 , with '
' the attached preliminary . draft of Shell ' s Environmental Impact -
; Statement. ,
The- following changes you have indicated will be made have been
i reviewed and are acceptable:
Summary Sheet , Item c. 3) . . '
. Recipients of Document , 3 , ! Item A. 3. , last paragraph
Page 4, Item A. 4. b. ', .second paragraph
i
Page 5 , Item A. 5 . , third paragraph - -
1 Page 6 , Item A. 7. b. , third. paragraph . '- - • '
Page 7, Item A. 7 . c. , third paragraph •� ;
Page 8, Item A. ' 7, c, , . last paragraph . . ,
Page 19 , Item B,. 1 . c, (2 ) , third paragraph .
Page 37,' Item F. 2 .• a. , first paragraph
` Page 37 , Item G. 1 . . c. '
The changes suggested below should be incorporated into the revised
edition as was discussed 'at. our July 23rd meeting :
Cover, stiff. colored paper with binding on the left margin, '
Figure 1 , just the south half of the property should- be shown
and . it should be shaded.
t Figure 2 , same comment as Figure 1 . . ' • .. • =
Page 9, Item A. - 8. a. , the site will be rectangular in shape
since just the south half is; being considered., .
- M . A. Wesley Hodge
'July 26 , 1973
1 Page 2
' Page 13, Item A. 8. f. (1 ) , the landscaping area should be
increased from 5 to 25 feet and this change should be
reflected on Figure 3.
Page 14a , Item A. 8. f. (6 ) , the fence is to be located
behind the :landscaping.:
Page 14a ,• Item A. 8. f. (6 ) , the access is to be upgraded to
an industrial access (60 foot right-of-way with necessary
improvements ).
{ Page 16 , Item S. 1 . a. , the second paragraph will be valid
only if additional landscaping is included. .
Page 25 , Item B. 1 . f. (1 ) , the last paragraph should be re-
written to specifically indicate how any oil will be
retained on the site and not seep into the ground and
then into the P-1 Channel .
Page 33 , page apparently was left out and should be included :
Page 34 , Item E. 1 . , the• first paragraph should be deleted.
Page 34 , Item E. 1 . , the last paragraph prior to item a .
should be expanded to include why trucks and supertankers
are not feasible.
Page 35 , Item E. 1 . b. , the second sentence of the first para-
graph should, be deleted;
Appendixes should be readable , labeled and reduced or folded
to fit into an 81 x 11 inch format.
Please make the necessary corrections and return approximately six
copies to this department so it can be reviewed :
Should you have any questions , please contact me .
Very truly yours,
Gary R. Kruger ; V
Associate Planner
GRK: bmi
-$. 1
- 2 -
' APPLICATION : Special Permit
APPLICANT : Shell Oil Company
LOCATION : Located approximately 1 /2 mile west of East Valley ,
midway between the Olympic Pipeline/Mobil Oil site -
and Longacres Race Track.
ZONING : H-1
APPLICABLE SECTIONS OF THE
ZONING CODE : 4-713 : Heavy Industry District
REDUEST: Approval of a special permit to construct a petroleum
receiving/storage/marketing plant on the subject site . V .
COMMENTS : 1 . The draft of the Environmental Impact Statement
is presently being reviewed by the various
pertinent Municipal departments .
12 . Planning staff has reviewed proposed develop-
ment plan for south 1 /2 of property - staff
recommends upgrading of landscaping standards .
STAFF RECOMMENDATION : Recommend Planning Commission allow
applicant to make preliminary presentation and
application be taken under study pending acceptance
of draft Environmental Impact Statement .
•
•
Renton Planning Commission
Meeting July 25 , 1973
Minutes - Page 8
their plans . Mr. Ericksen asked that the Planning Commission
be furnished a development schedule by Shell . Discussion en-
sued regarding Shell ' s request that the Planning Commission act
;,o_n,,.their propos.alY, at ..t,he September 26th hearing , and;..:MrF. , Erick-
sen° inidicated :h`istfe=eVintg .that a Planning Commissio:i6ii nit-tee
should take the question under study at this time in order to '
receive input and be able to report to the Commission at the
September hearing . • •
Peggy Cummins , 13572 S . E . 161st Place , asked if the EIS is
available to the public , and Mr. Ericksen noted there are a
limited number of copies available .
ACTION :
SEYMOUR MOVED , SECONDED BY CARVE , TO CONTINUE THE PUBLIC HEAR-
' ING TO SEPTEMBER 26TH , AND FURTHER MOVED TO REFER THE MATTER
TO THE COMPREHENSIVE PLAN COMMITTEE FOR STUDY . MOTION CARRIED
UNANIMOUSLY .
4, NEW PUBLIC HEARING ITEM:
SPECIAL PERMIT:
D. MC LAUGHLIN , WILLIAM L . , JR. ; Appl . No . SP-741 -73 ;,, special
permit to remodel existing home for a medical clinic in an
R-2 zone ; property located at 4509 Talbot Road South .
The application was presented. by the Chairman , and the Planning
Director described it and pointed out property location . He
noted the Commissioners on the field trip had requested that
specific plans be submitted and had expressed concern over
what is being proposed . He stated that the applicant pro-
• - poses ' to remodel the existing structure to convert it to a V V ,
medical clinic , that the exterior would remain essentially
the same !'although there would be some minor changes and the
inclusion of landscaping . Open areas are to be established
to finish grade and planted to lawn . He stated he did not
. have any specific building drawings as to what applicant is
Proposing .
Slides were then shown . VDiscussion ensued regarding . the com-
patibility of the proposal with other clinics in the area ,
and whether it should be compatible with the clinics across.
the street or with the single family residences on the same
side of the street. Concern was expressed with regard to on-
site drainage , parking and other factors , and discussion fol -
lowed regarding the question of design control .
The applicant discussed his proposal with the Commission , and
VVanswered specific questions addressed to him.
Following this , the Planning Director suggested a one-week' s
continuation to allow the applicant time to prepare plans .
ACTION :
sr.HniFs MOVED . SECONDED BY ROSS . FOR CONTINUATION OF THE
Renton Planning Commission
Meeting July 25 , 1973
Minutes - 7 • '
SPECIAL PERMIT: • .
• ` D, SHELL OIL CO . ; APO . No .' Sp-734-73 ; special permit to
construct .a petroleum marketing plant in H-1? zone';
property located approx . 1 /2 mile west of East Valley
Highway , midway between Olympic Pipeline-Mobil Oil
• :/(//r
site and Longacres Race Track . •
The ' Plannin.g Director reviewed the application filed by
Shell Oil Co . , and noted the property location . He stated
•
the subject ' request is presently being reviewed by the
.. ' . . staff , and a -preliminary draft . Environmental Impact State-
' ment has been pres'e'nted .
Mr. Ericksen stated that ' Shell had requested that a hear-
' ing be held September 26th , but he asked that applicant
make their initial presentation at this meeting ' s public
' hearing in that ' the request may be taken under study by
Planning Commission committee . '
- Commissioner Mola left the meeting at this point ( 11 : 00 p . m. )
,
The Planning Director stated that the staff had reviewed
this application and felt an EIS should be prepared and are
. . proceeding under the guidelines of the State Environmental
Protection Act and processing the EIS in accordance with
these procedures . The matter is progressing ahead of sched-
ule. and ahead of the schedule requested by Mr. Hodge , at- ,
torney for Shell Oil Co . .
, In regard .to . a request from the Mercer Island Planning De-
partment fora chance to review the Shell EIS , Mr. Ericksen
said as soon as it is completed . it will be distributed to . .
various . agencies . for their review and comments . After the
' distribution is made , ,these agencies will have 30 days in .
which to forward comments to the Renton Planning Department ,
• . and, then a final . EIS ,will be forwarded to Olympia .
'Slides were then shown and discussion ensued in regard to
. • . the proposal . Scholes asked the height of 'the tanks and
.' . ' the storage capacity of the largest .tank and was informed '
. they .would ,be 140 '.ft . ' i n diameter and 40 ft. high and the
capacity of- the largest tank would be 110 ,000 barrels .
Referring. to the' letter from the Port of Seattle , .. Seymour ,
. ' questioned if the Port understood the procedures involved
and' the possibility that the request could be denied . Mr .
Ericksen replied .he did . not think the request could be ,
. legally denied , as long as all requirements were met , since •
' the applicants would have certain inherent rights With . their
existing zoning .' He felt a better development could be
achieved by ' encouraging the upgrading of the proposed de-
. ' velopment . Seymour expressed the opinion that it could be
denied if the environmental impact were considered too
, great.
Mr. A. Wesley Hodge , representing the applicant , stated he
did not intend to make a technical presentation .and he had .
A. Wesley Hodge, P.S.
•
Law Offices 1905 Norton Building Seattle Washington 98104 j 206 624 0450
July 25 , 1973
•
fr j �vl. I ( 0\
psi;
Mr. Gary Kruger, Associate Planner ?
City of Renton Planning Dept. ( .......
Municipal Building cZJ
200 Mill Avenue South 'NAG
Renton, Washington, 98055i)EPP'A).=
Dear Mr. Kruger:
Enclosed is the revised Draft Environmental Impact
Statement as a result of our meeting of July 23 .
Shell has agreed to reduce the size of the subject
site to the area being presently developed or approximately
13 acres.
• We have attempted to make all of the specific
changes which were requested. Please make any changes you
want. Please call me after the changes are made so we can
arrange to have the final printing.
- Very truly yours,
•
•
" A. Wesley hod •
AWH:pl
Enclosure
cc: Mr. Ed Bergun
,Mr. Chet Walz •
•
•
•
•
•
CITY OF MERCER ISLAND, WASHINGTON
July 23, 1973
Planning Commission
City of Renton
200 - Mill Ave. So.
Renton, Wa. 98055
RE: Major Regional Projects
Dear Commissioners :
The City of Mercer Island Planning Commission, as part of its review functions,
considered at a Public Hearing on July 18, 1973, several projects both on
the Island and near Lake Washington that may have a significant impact on
the Island and the Lake. Several of these projects discussed are or will
be in the future under consideration by the City of Renton staff, Planning
Commission or City Council . It appears that some of these projects may
be of potential concern to the citizens of the Island.
The City of Mercer Island Planning Commission, therefore, respectfully requests
that we and our City staff have an opportunity to review the projects listed
in the attached letter of July 9, 1973 to your Planning and Public Works
Directors. This review would necessarily come prior to any final approval
of these projects. We would also welcome the opportunity to meet jointly
with your Commission and staff as well as other Commissions in the area
such as Bellevue to discuss these matters.
Thank you for your consideration of our request.
Very tr your
Don Frothingham, Chairman
Planning Commission
DF:dg QF R /1,,`
aECEIUEo
CC: Renton City Council
Mayor Avery Garett
Renton Planning Director JUL 24 1973
Mercer Island City Manager A.
Encl . (1 ) y/ R•�"g�
�kG DEP P
3505 88th Avenue S.E. • Mercer Island, Washington 98040 ® (206) 232-6400
r i •
CITY OF MERCER ISLAND, WAS'HINGTON
•
July 9, 1973
•
Mr. Gordon Ericksen
Planning Director
City of Renton
20- Mill Ave. So. '
Renton, Wa. 98055
Dear Mr. Ericksen:
This letter is to formally confirm a request by the City of Mercer Island to
review any Impact Statement for projects which might have an affect upon
Lake Washington or the tributary areas of Lake Washington such as the Cedar
• River or May Creek.
1 I
It is our understanding that you have before your staff, or other city
staffs, various projects which might fall within this general classification.
We have appreciated your response on our questions in the past on such
projects as the Renton Field Expansion and the Boeing Hydrofoil Program
and the receiving of Environmental Impact Statements when they have been
filed. It seems appropriate that Impact Statements should be necessary for
the following projects as we understand them to date:
1. The Olympic Pipeline.
2. The oil burning and fire fighting facilities on Renton Field for
the Boeing Company.
3. Any proposed Master Plan expansions by the Port of Seattle in
the Green River Valley or near Lake Washington..
4. Any fill within the flood or alluvium plains of the Green or Cedar
Rivers such as projects similar to the proposed Burlington Northern
56 acres of fill .
5. The Boeing application or ramp and dock facilities to be utilized
in their Hydrofoil Project.
3505 88th Avenue S.E. • Mercer Island, Washington 98040 • (206) 232-6400
Mr. Gordon Erjcksen
July 9, 1973
Page 2
6. The Shell Oil Company's application for tank farm storage in a
•
heavy industrial zone of Renton near 1-405. Any project , including
application for the storage of raw or processed petroleum products
in this area, it would appear an Impact Statement is appropriate
and we would appreciate receiving Assessments as well as Preliminary
and Final Statements.
7. Quandall Terminal Project; any development in this area, particularly
- if it involves asdock of greater than 100 feet, any sizable number
of boat slips or the refining and/or handling of any petroleum
products potentially involves both significant visual and environ-
mental impacts on the east side of Mercer Island; therefore, we
request that any information pertaining to this application and
any relevant Assessments or Statements be sent to our Department.
In general , it is not our intent to express significant concern over some '
of these projects, however, rather to act as a clearing house for questions
from Island citizens and public agencies. I have been directed by our
. Environmental Impact Statement Committee, consisting of both staff and
Council members and by our Planning Commission to review these projects
and report their nature and extent in the near future. I appreciated your
cooperation on the phone the other day and would appreciate any information
forthcoming relevant to these projects.
Sincere is .
•
Robert W. Thorpe
ssistant Director of Planning
(Environmental Coordinator-
Environmental Impact Statements) •
•
RWT:dg
cc: Warren Gonnason, Renton Public Works Director
Deputy City Attorney
Environmental Impact Statement Committee i
• ®F E4
City ®f Mercer island aE �D
,�
JUL 19 1973
i
9 ..„......... ,,..„. _ .. . ...
Me t - r. ' • , !�� 6-AK +
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N/e q�
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o •
Environmental Impact Statement Subcommittee ; :0'.
Planning Commission '": ` ':
Concerned �<<: '' ,,
' • ' giqqa''.1:1i: I'. c, " - .(: :'',$,: :..?,
€<�`
i.
� ,
fromaoAssoc�ato Planner ; > � ` � ,July > < :,.
date: 18, 197 3
suoje��® Regional Projects that may require Envr r nment 1,.. . . ',.
Impact Statement's or Shorelines Management Permits.'.r. I v: ntr, � ;?
to their impact on Lake Washington and its tributarJy 'tli `v �.aers ;;:: : ,
al
io
GENERAL A STA
TEMEN
T
v
a Q` e �`h
Attached herewith you will find a Status Report for regional pr,;�, ::::.:.;: , x;. y' ;..:;.°
have an impact on the communities and residents of Lake Wash1 ngten: ancl.: i;r<: *17..t:;i,cu,l;:ar
those areas adjacent to the south end of the Lake. Also attache04,-e ;r?aps rele•,i.n:t
to the Status Report on Quindall Terminals and a regional map s:hor•zisri::g;:th. lacati.ins
of all projects mentioned in this Report. . The project informationon:c.fined to t
this Report is in some cases very explicit as presented by various repo.r<t4*':.r.levant
to Impact Statement or Shorelines Management Permits; in other cases the': .;l,ni.ormation
is somewhat sketchy and vague. The linkages between these projects may not.•seem
apparent but only a possibility; however, analysis and opinions received from t
several municipal Planning Departments and other relevant agencies indicate there
is a potential for considerable interrelationship of these projects. ,4
My contacts include all City Planning Departments adjacent to Lake Washington,
those in the Green River Valley, and that of the County, and also include the
State Department of Ecology, State Office of Program Planning and Fiscal Management, li
Puget Sound Governmental Conference and related citizens groups. The degree of
knowledge about these projects ranges from a very limited understanding. to sig- 1
nificant familiarity with the projects . in general , all agencies appear to be
very concerned about the long-range implications of these projects for land use
planning, disaster planning, and the environmental impact of the projects. 1
Lt--_appears appropriate that some surface recommendation (not to be all „ inclusive) ' f
are
in order, They areas follows: . ... ..•... .s.,.-... .. ..-........ ..:.... . .
1 . it appears that all projects listed in this report require Environmental / ; '
' impact Statements;
. 1 :
4: Planning Department
tkf :Fti1..•., _ :.' _ J••... ::.' .f ..n::. e.' ,r,V• 1 . . ._.:,1.. Y • ?.1.K.. '-i.- i1,.-�' u ♦.. - . . _
Page -2-
2. , Several of these projects require Shoreline Management Permits and should
be reviewed by both the Regional Technical and Advisory Committees as well
as all concerned municipalities and, agencies, •
3. Full disclosure and public announcement to adjacent municipalities, the
County, other parties concerned, governmental agencies, concerned citizens
groups and residents should be a part of any of these projects and meet our
State or Federal requirements.
4. All measures possible to insure minimization of the impact of these projects
on adjacent land.uses and upon Lake Washington and those tributary waters
(both surface and subsurface) should be undertaken.
•
5. A full analysis of some of these projects by State, Regional and County
agencies should be undertaken to see if the proposed use is the most appropriate
location, both locally and regionally.
Further, it would seem appropriate that all interested parties in the area review
these projects for potential impact on their own land ar.ees and adjacent waters. .
Additional information will be supplied as deemed appropriate.
•
•
' r 1
•
•
CITY OF MERCER ISLAND
STATUS REPORTS
REGIONAL PROJECTS
FOR
ENVIRONMENTAL IMPACT STATEMENT SUBCOMMITTEE
and
PLANNING COMMISSION
1 . QUINDALL TERMINALS - Phase I
▪ Located near May Creek in the Kennydale Area of Renton.
- 30 Acres; 5,600 ft. of Shoreline along Lake Washington; 800 ft. bordering
May Creek; 800 ft. bordering Gypsy Creek.
- Review Period of Environmental Impact Statement ends August 1 , 1973. •
- Purposes
See Attached Sheets I & ii
- Proposal - See maps A-6 and A-7
Phase I
- Marina - 200 slips; present pier 800' ; proposed - 6 piers up to 500'
Note: They do not own pier; owned by Department of Natura➢ Resources
and Administered by Port of Seattle
- Oil refinery and processing plant for used oil by Superior 011 Co.
- Restaurant
Phase II
- Condominiums
- Commercial shops
- Additional boat slips
2. OLYMPIC PIPELINE
- Additional 20" line carping 600 pounds of pressure; to be utilized for
transporting oil and petroleum products.
- Line is in addition to existing 16'° line and runs from Skagit County and
-Canadian border to an existing Mobil storage site in Renton.
• Location (See attached map) relative to Lake Washington - 2 to ➢ mile
from Lake Washington.
r
/ .
Page -2-
- Presently beginning construction in Skagit and Snohomish Counties;
crossing watercourses during summer months in King County.
• Note: Shut off valves only every 20 miles according to information available.
3o SHELL OIL REQUEST
- Request for Oil Storage "Tank Farm" in Green River Valley
- Location - See attached map near existing Mobil site; near Longacres race
track. .
- One of ix oil companies requesting site approval by City of Renton
• Planning Commission.
- May be related to item No. 4 - Port District Comprehensive Plan changes.
- Several agencies such as King County Fire Marshall , United States Soils
Service, P,S,G,C., King County, Renton and Tukwila Planning Departments
have questioned this as an appropriate use in the alluvium soils area of
this river bottom,.
Note: If six companies maintain oil storage areas of 25 acres or more in
this area with a resulting 150 a 200 acres, some questions appear appropriate.
1 . Will they just store oil products or eventually desire to refine them?
2. What impact will this have on adjacent land uses ( i .e. : fire ratings;
land values; farming; residential , traffic generation, etc)?
3. What impact will casual spills have on the unconsolidated materials
and soils in this area?
•
Note: This area drains subsurfacely to both the Green and Cedar Rivers
and could impact both those rivers as well as Lake Washington and Puget
Sound, I�
4. What impact will an earthquake or tremor have on the proposed oil
storage tanks? (Alluvium soils are rated as poorest in a tremor --
they turn to "jelly" and even earth berms may not contain oil under
these conditions)
4. PORT OF SEATTLE - COMPREHENSIVE PLAN CHANGES
- Location - by oral report -(Green and Duwamish River Valleys)
• May be tied to Oil company requests for land in area.
• Stated intent - to locate Japanese .assembly plants (cars & electronics) in
Earlington Park Industrial Area.
- There is a question of whether local zoning ordinance and development
standards would apply.
•
• - Shell Oil has bulk oil storage facilities on Port property at Harbor Island
and must, by contract, move those by the end of this year.
fi
rd9 -�-
r`
5. THE BOEING COMPANY - OIL BURNING AT RENTON FIELD
- A surface oil fire fighting facility to be utilized by Boeing to simulate
airplane crashes and jet fuel burning conditions.
- FAA requirement for Boeing
- Waste goes into a settling pond and then into Cedar River.
- Air' pollution levels cleared by Air Pollution Control Board
- No Impact Statement was written.
6. BURLINGTON NORTHERN RAILROAD m 56 ACRES OF FILL
- Fill of 56 acres of land in the Green River Valley - for undisclosed use
- Fill in flood plain area
- No impact statement written dispite Kirkland land fill Case (Juanita Valley)
7., BOEING RAMP & DOCK -. HYDROFOILS PROJECT
- Additional dock and ramp for testing of hydrofoils
-- Part of project has had impact statement submitted and approved
- May require monitering of project - if non-compliance provides problem
to lakeside residents®
•
• it
• d:
•
SCARY SHEET
Nature of this report:
Environmental Assessment Final Draft submitted with applicable applications.
Sponsor:
Quendall Terminals, Port Quendall, City of Renton 98055
(P.O. Box 477) Contact Donald 0. Norman.
AC 206-271-1540 •
Type of Proposed Action:
•
Project
Official Title of Proposed Action:
Port Quendall Shoreline Improvement Project Phase I
Summary of Proposed Action:
Purpose: 1. Abatement of soils contamination and groundwater pollution
2. Definition, grading and landscaping of permanent shoreline •
3. Interim marine facility
Location: Lake Washington, City of Renton see location and vicinity
maps Appendix A.
Size: 1. Polluted area; 30 + acres of uplands and shorelands
2. Shoreline; 5600 + ft of Lake Washington, 800 ft of May Creek
Stream channel (-I. 20 cfm mean annual flow) , 800 ft of
Gypsy Creek S<20 cfm mean annual flow)
• 1 .
3. Marina -20Q slips, restau ant, service facilities.
Summary of Environmental Impacts:
1. Arrest and abate flow of toxic pollutants into Lake Washington
2. . Increase and improve wildlife habitat • !
3. Introduce public access to shoreline •
•
4. Stabilize May'Creek channel
5. Limited encroachments of Lake waters •
6. Continued temporary risk of oil release
•
•
P ,
• 1
t
Summary of Alternatives: ' •
•
1. Retain. present shoreline
2. An uncontrolled May Creek channel
• 3. Eliminate boat moorage
4. Limit or expand scope of planning
5. Restrict interim industrial use •
6. Reactivate marine terminal .
Review Period:
60 days or before August :fin 1973 .
Recipients of the Document:
Federal: Environmental Protection Agency r
Department of Defense Army'Corps of Engineers Department of Commerce Coast Guard
Department of Interior Bur. of Sport Fish. and Wildlife •
Department of Agriculture Soil Conservation Service
States Department of Ecology
Department of Natural Resources
Department of Fisheries,
Department of Fish and •Game
•
Regional: Municipality of Metropolitan Seattle (Metro)
River Basin Coordinating Committee (RIBCO) •
{
Puget Sound Air Pollution Control Commission
Puget Sound Governmental Conference
Ring County
• Port of Seattle
Local: City of Renton
Citizen Groups:- Washington Environmental Council
Coalition Against Oil Spills .
Audubon Society
Washington State Sportsman's Council
•
•
•
ii •
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SHORELINE DEVELOPMENT PERMITS
ay construction of $1,000 "value or more or any development which materially , °I
aterferes with the normal public . use requires a substanti.al development per
it in wetlands of shorelines of ,statewide significance as; well as shorelines 1
atlands are defined as those lands, extending landward for 200 feet in all
irections, as measured on a horizontal plane from the ordinary 'high water ' .. il
irk, and all marshes, bogsg, swampS, floodways, river deltas and floodp,lains
;sociated ,with ',the streams„ '...lakes and _tidal waters which are subject to the
:ovisions •of the Act.„ . In -the' City of Renton the following bodies of water
:e regulated by -the Abt: CEDAR RIVER;' GREEN RIVER; LAKE WASHINGTON; MAY - • .11
LEEK BETWEEN LAKE WASHINGTON BLVD AND LAKE WASHINGTON; SPRINGBROOK CREEK
)RTH FROM GRADY WAY. TO TI-IE, BLACK RIVER; AND THE BLACK RIVER WESTRLY TO THE •H.1
"TY 1.4MITS.." ,...,.',.,,,, .,''.. , , . `.... ,, .;,.. , .. - - • ' ' ',.•,L ,, , ,,,y , -. . ,, , , •' , -,.. ,.,'''.. . .:'!LI. ':: ''''.': ' ' ''''''''. '''1 I
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O
T LA:'�TNT (,LI)E ART ZENT •.'•RF TON WASHGON
t 4U . 's
MUNICIPAL BUILDING' • ' RENTCIN,WASHINGTON 98055 ' • BA 8-3310�'”
Oq Of
.''y:'- r CA P PIT
M Wesley, Hodge':
W'
905 Norton"Buildiri 3.'
' 98 104� -
- Seattle WashinL tori
Re 'f"Shel`l, Oil .Corn an A li:cation No: ,
,r.
Dear Mr' ',,Hodge..
<The ''a l cation of ':S'l el`la'Oil .Com an ,: as you' are'are'' aware, ;is
u der ''review b the` .Plannin -''Commission, •having"been i'ni.tially'
. , n Y g:
:Y•; F'' resented to the Commission;'for public` .hearing on June_:27,, 1'9:7;•3 ,
" '¢ "b Shell.' Comp an off i'ciaalss:r:'
<`. 'd'raft'',:of .the Env.ironmentalr'-Im" act,
':The reviced pr.elimnary, P;
•nsideration .b - ou at,'°the Planni n
• '(EIS) was- de�l.ivered ,�for `co y- y g•: �'-
? is 3. Said`;:revised.'°editiori;' 's un'der'`
Commis°'lion"'meetin "of J:ul.y- . Tl,' 197
f'
arid_ Pub1' c:°Works
review.:,b the' City of "Renton->:.P.1:ariring
�: rylb F+^
a s The ,meet'in -:.of Shell Of and+'°Plarinin
'D{epartment::st ff y g' � •;,, -,,:: g-
o1ve_e='an ;:•. r
�f�`:r:'`�Jul 23` '`l•97-3_ Will 'Yio'� ef-ula' .res 1
staff'`schedu•1ed'': o Y �; ,- P Y.; ,,
- 1
e 't. EIS
��on�`�the� sub:'' c
additional questions,
'aj;.r
s+�
rvit. yap'
�'t� the:'°Wasa%i'r ton'' State'.: ,
EIS is 'being `reviewed-� n>.�'accordance -wi; h`' g
Environmental Policy."Act of'»'1„971'.., (SEPA) ands the time.'schedule ''' ,:
j < 1. :, established, by the Act. 'Attached• for your!;;"information" i+S Figure `,I
from the Washington . State"-Department of Ecology ;Guidelines' which'
'defines::the general' time `frame: and. procedural) s teps The.Shell
Com an ':s. proposedd development :4s :considered a "Ma j or;5 Action with."
Significant Effects',, and Iis being -:reviewed;`in accordance -with _
:< m an },officals.'.�liave � e`
'�:'" .Column; 3� of- SEPA 'Gu•i:'deli'n'es;.�., ;:SYie11.:�Co p y" , ;p-
,-, a ;
`ar,..mnt�: f�-.. rocedur
. _-:v�,5woizsl ,'been advised'`b �;the.;;;P1`anning.. Dep ,t e `o .the a-,p �•�� „
t' steps' and the times:<' nvolved Slhoul'd' ,there':
-'be,any;':questions" on, ;
R ;z`
h s 'matter please advise in order :thaf'`we. 'may: further`answer;;: _
estlonS .. -
your and' ' the Shel1, Company,.; srt . u
'assist :industry and developers , we are presently working
`''? 'F local procedural guidelines 'to implement `SEPA; however,, :i•t. has-
been specificallY determined whether'..or not .a 'City` ordinance
"`_ is yre wired King 'County` recently passed ;such. an .ordinance,- a's^ I
sure you are -aware, after extensive study :an 'public .he'a
amrings•� ;you ' d
This 'ordinance, is presently under review-by, City staff,::and any
additional input you might have on the matter would certainly '"be ',
::.i • of interest to us . ,!
Your letter will be forwarded to the Planning Commissions for ;,their
,information, and will be called to their attention at the'..Commis-
sion' s public hearing meeting of July 25 , l973 , . in order that ;,your
• request may be expedited.
- ;;S•,q_ :1`r. ;iy: caC b,i„ _ ;5'. �:.. -- .-. ,f"le-,... ,78'i:'-:i`- .. ,,,a>r-'.�'..a ...
Mr. A. Wesley Hodge
July 19, 1973
Page 2
It would be my recommendation that the Shell Company officials
make a preliminary presentation at the meeting of July 25th in
order that the matter may be taken under detailed study by the
Planning Commission. Some study on the part of the Commission
has been accomplished to date; however, since the Commission will
not be conducting a public hearing meeting in August, the earliest
possible date formal consideration can be given by the Planning
Commission would be the September 12th administrative meeting.
Your requested date of September 26 , 1973 , therefore, does not
appear to present a problem -- pending completion of work in
progress.
In view of the apparent critical time schedule of the Shell Company,
it is desirable that any problem areas be resolved at the Planning
Department level to the fullest extent possible prior to submittal
to the Planning Commission, thereby enabling the Commission to act
in a more expeditious manner. Completion of development plans and
the EIS will help significantly.
If you have any further questions on the subject matter, please
contact me.
Very truly yours ,
/Gordon Y icksen
Plannin 91,lirector
GYE :bmi • /'
Attach.
cc: Avery Garrett, Mayor
Gerard M. Shellan, City Attorney
Planning Commission Members
Robert E. Grant, Shell Oil Company
FIGURE I
•
•
hi ni i .
•
-4( An Action To Be Taken '''-
I 1 ! T , T T y
Responsible Official examines
for; major action and significant
environmental effects.
lir •
f r
Possible Possible I Possible 1
Conclusion: Conclusion: Conclusion:
Minor action . Major action Major action with significant
and insignif- but insignif- ' effects.
i •
scant effects scant effects
[SEPA, Sec. .3. (c)3(d)]
Preparation of a draft impact -
11
• statement and public announce •
-
• ment of availability.
:11( .
if
,
Negative Negative Draft statement review-minimum 30 days..
•
Declaration Declaration
if . , . ,,
Summarizing Summarizing
the conclu- the conclu- -. . . . , Preparation of final impaet. s'tate-
sion ; no impact , sion ; no impact ment with response tocor.ments. , ..
statement. Neg-. - statement. Neg- . ' Comments attached to statement. . .
ative Declara- ' ative Declara- .
tion into the - tion into the '
record. record. Filing of final statement/comments '
with the' Office of Governor, the
DOE and the'Ecological Commission.
Available to the public;: .
Final statement/comments to ac-
' company the proposal through ,
any other existing review
processes.
A. Wesley Hodge, P.S.
Law Offices .1 905 Norton Building Seattle Washington 98104 I 206 624 0450
July 18 , --1973
f (, C , w
ry
('C
Renton Planning Commission if !i\
" i,
Municipal Building �'j' - .)'' ;rJ-ti,
200 Mill Avenue So. ,`� j
Renton, Washington; 98055 ..�'
Re : Special Use Permit Shell• '��`3' �. '
P , .w.� rr r�t
Environmental Impact Statement �'"' :�`;`�=�"�
4
Gentlemen: .
We are writing in reference to securing a September 26, 1973
date for the hearing on Shell ' s request for special use permit.
As you know from the previous correspondence from the Port of
Seattle, they require Shell ' s property on Harbor Island .as soon '
as possible. Shell is attempting to deliver that property as
•
' quickly as possible to facilitate the Port' s .cargo handling re
quirements.
' To not only accomplish the Port' s objectives but also to accom-
plish Shell' s requirements for coordinating the various design
•
and construction requirements they need a firm date of Sept- ,
ember 26, 1973 . ,
•
Shell commenced discussions with the City of Renton in January - •
. . of this year and filed their special use permit request on .
June 6, 1973. At .the same time they filed their draft environ-
•
mental statement. The draft environmental statement was reviewed '
on June 27 , with the Planning Staff and Shell' s final draft was
filed with your Commission on July 11, 1973. We now have a
meeting with the staff for potential revisions set for July 23 ,
1973. We submit that the draft as now presented is adequate for
the purposes of the Environmental Policy Act and the guidelines
thereunder. ,
Shell appreciates the City' s position and the problems inherent
in dealing with new. legislation. Notwithstanding those. problems, .
Shell also needs to be able to plan and coordinate their planning
processes. Normally a City would have definite internal processes ' ,
4V*S
Renton Planning Commission
Page 2
July 18, 1973
for scheduling the flow of the Environmental Impact Statement.
The guidelines for the implementation of the SEPA urge the
involved branches of government to develop specific internal
processes. We note that Renton has no enabling ordinance for
dealing with Environmental Impact Statements. This lack of
' procedural guidelines leaves Shell in a difficult position in
their planning. We suggest that this lack or void in the pro-
cess can best be solved by agreeing on a firm hearing date of
September 26, 1973.
The date of September 26, would give adequate time to circulate
the Environmental Impact Statement and secure any responding
information from interested parties.
At the present time we don' t want to get into an involved state-
ment of our legal position, but we do want to point out that an
Environmental Impact Statement may not have been required since
this zoning was established prior to August 9, 1971. Regard-
less of the respective legal positions of the parties, Shell
respectfully requests that the hearing date of September 26 ,
be definitely set at your July 25 , 1973 meeting.
Thank you for your cooperation in this matter.
Very truly yours ,
A. Wesley Hod gea° f
�
/
AWH:pl •
cc : Avery Garrett, Mayor
City of Renton
Mr. Gerald Shellan
City Attorney
City of Renton
Fi.
(� 'L PLANNING DEPARTMENT e RENTON, WASHINGTON
weIR O MUNICIPAL BUILDING • RENTON, WASHINGTON '98055 • 235 2550
Co-
4Z"
qrE c_0� MEMORANDUM
D SEP'�
July 13 , 1973
TO : Scotty Walls , Fire Chief - -
Jim Hansen , Building Department
Dave Hamlin , 'Traffic Engineer
•
FROM : Gary . R. Kruger
SUBJECT : Preliminary Draft of Environmental Impact
Statement for Proposed Shell Oil Storage
Facility
Please review and comment on the attached .
GRK: bmi
Attach . - - '
ti
0 Ft
U PLANNING DEPARTMENT • RENTON,WASHINGTON
puiR
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055. • 235 2550
O/11
co
0454• SEP ����� MEMORANDUM
�
July 12 , 1973
TO : Guido DeWinne , Public Works Department
FROM : Gary R. Kruger , Associate Planner
SUBJECT : Revised Preliminary Environmental Impact
Statement Prepared by Shell Oil Co .
Please review and comment on the attached . ,
GRK: bmi
Attach .
a
A. Wesley Hodge, P.S.
Law Offices 1905 Norton Building Seattle Washington 98104 1 206 624 0450 •
• July 11, 1973
Renton Planning Department
Renton, Washington • .
• Attention: Mr. Gordon Erickson, Director ,
•Re: Environmental Impact Statement '
Shell Oil Company
Dear Mr. Erickson:
Enclosed are copies of the Environmental Impact Statement
on the Shell Oil Company Petroleum Products Marketing Dis
• . tribution Plant. These copies represent the final revision.
We attended a meeting with your staff on June 27, 1973, to
discuss and implement changes and modifications which they
felt were necessary. During that meeting areas of legiti- ,
mate differences of opinion were discussed and it was agreed
that the alternative positions would be set forth in the
revised• impact statement.
We are prepared to make the presentation on this application '
to the Planning Commission on July 25, 1973 . .
Very truly yours , ,
A. Wesley Hodge
!Y / •
AWH:pl .
Enclosures
cc: Mr. J. F . Weiler •
Mr. E. R. Bergun % r1 ,
, , r+�, h i ';
/1 ` lt ;�
ii i p.v+.n ' a 1 i
i;- A-.- /----.'
. \:\,\4 __,...,z9z4 -Al
r
��,,v,- .) ems"` l
(�:/0 zz-9'
•
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ti-
P���RTOF SEATT_LE_
P. O. BOX 1209 I SEATTLE, WASHINGTON 98111
June„ 28, 1973
Renton Planning Commission .
' City Hall '
Renton, WA
Dear Sirs:
- - We are advised that you have before your Commission, for consideration, •
the. proposals of the Shell Oil Company for the development of a distri •
-
bution facility on property Shell owns within the City of Renton.
The Port has entered into a contract with the Shell Oil Company for .the .
. purchase of properties owned by Shell on Harbor Island. The Port has- ' • _
let certain construction contracts on adjacent property in anticipation ,
. of acquiring the Shell Harbor Island property in about one year. How-
' , ever, we are advised that Shell's plans to relocate certain of their
' , operations to the Renton site are being delayed. We would hope that .
every effort will be made to expedite the approval of Shell's facilities
- to minimize delay in the transfer of property from Shell to the Port. • ,, -,
Such delays would be costly and detrimental to our cargo handling
requirements. - - .
.
We recognize that your Commission has serious responsibilities. We. ,
expect Shell to work directly with your body to meet the requirements .
of the City of Renton, but we would hope that every consideration could
be given to an expeditious resolution for whatever problems remain so,
there will not be delays. •
Your consideration will be greatly appreciated. ,
Ver * .< my yours,,. ,
•
.• , �7 5i
Richard D. Ford
Deputy General Manager
rdf n
•RECEIVED.•/0 .
cc: Avery Garret, Mayor
Mr. Clarksen, Shell Oil Planning Dept. - Port of Seattle
E, . , ngineering Dept. - Port of Seattle .
4\ - .
" . , . „��NG D -�`v,�
5/03 • , .
mmis`s0.VIEFaLED.ADLUM-PAUL S:FRIEDLANDER-FRANK R.,KITCHELL-HENRY L. KOTKINS-J. KNO.X-WOODRUFF/General Manager J.ELOON;OPHEIM,.:
e/% - ,
.OF R��� i`
C.) ' . PLANNING DEPARTMENT •, RENTON,WASHINGTON
0
MUNICIPAL BUILDING • RENTON.WASHINGTON 98055 • 235 2550
. TFDSEP"l� MEMORANDUM
' June 28, 1973 • .
TO: • Files •
FROM: Gary R. Kruger .
' SUBJECT: Review of Preliminary Draft of Shell' s -EIS'
Submitted to this Department on June 5, 1973.
Staff Attending: =
Gary Kruger
Joan Lankford '
• Mike Smith
Shell People Attending: . '
. Bob Grant
Ed Bergun .
A. Wesley Hodge, Attorney hired by Shell
.
The proposed EI.S was reviewed in •some detail. Most of this .-
Department' s comments were regarding expanding, clarifying .
3 and quantifying the EIS and were accepted by Shell. . . .
- -. •
There are . two areas of disagreement. The first is the ,,.' - '
requirement of landscaping. Shell does not wish to install .
and maintain. as much landscaping as this Department- believes -
•'s is necessary to reduce the impact of the proposed facility
on future development. Without an adequate amount of land
' scaping a serious question 'can be raised concerning the, .
developability of adjacent parcels. This also has a direct:
relation td the City' s tax base. .
, " The second area of non-agreement was about access. Shell
• believes that a private 24 foot road will be adequate to .
T . serve the facility. Since there is anticipated a truck . every
9 minutes on an average 24 hour period, there are serious
questions whether the access is adequate and safe. This -
fi Department :proposes a 60 foot right-of-way developed to
i industrial access street` standards and extended from the site
to the proposed extension of Lind prior to development 'of .the' '
site. Shell seems to be agreeable to constructing such an . ,
industrial access street to the site after Lind is constructed;
3
- 2 -
•
but the question can be raised concerning some guarantee the
street actually will be put in.
Mr. Hodge raised some questions about the legality of
requiring a special permit. Also he requested some assurance
that the Planning Commission reviewed Shell' s special permit
at the .July 25 public hearing. Assurance could not be given
because a draft EIS must be approveu prior to Commission
review and it would be impossible to say that an acceptable
draft would be prepared by then.
•
Br. Bergun indicated that he would probably have a revised
draft 'for this Department' s review 'in a couple of weeks.
GRK:dj .
Renton Planning Commission
Meeting June 27 , 1973
Minutes - Page 5
4, NEW PUBLIC HEARING ITEMS:
C. REZONE:
GUY , CHARLES B . ; Appl . No . R-735-73 ; request for rezone
from G to L-1 ; property located at 1404 S. W. Grady Way .
Chairman Teegarden presented the application and the Plan-
ning Director reviewed the request , noted that it involves
approximately 7/10 of an acre and is presently undeveloped .
The proposed use is for storage of travel trailers and
other recreational vehicles . The request for L-1 zoning
is in conformance with the Comprehensive Plan , with the
exception that the Plan indicates L-1 or M-P . He noted the
Commission in previous actions has specified development
control and landscape requirements .
Mr. Ericksen , in referring to the staff report , noted, staff
has indicated that there are some requirements with refer-
ence to on-site improvements , permanent surfacing , a drain-
age -system and certain requirements for off-street parking .
The storage in the proposed zone also requires screening
of the fencing , and staff feels there should be some sign
controls . Staff is recommending approval of the rezone
subject to the conditions listed in the staff report , and
is recommending the use of restrictive covenants to define
development controls in lieu of the same type of require-
ments in the L-1 zone .
The Planning Director stated the subject property abuts
property owned by Mr. Lotto on which there are restric-
tive covenants regarding setbacks and landscaping . Mr.
Magstadt , the Assistant Planning Director , read through
these covenants . Mr. Ericksen stated the Planning Depart-
ment is recommending an 8-foot high screening fence and
landscaping to tie in with the Lotto property , as well as
the requirement that no buildings o.r structures will be
permitted within 20 feet of any public right-of-way or
easement. Chairman Teegarden then detailed what the staff
is recommending , and the applicant stated that there was
no problem.
Ross questioned if the Commission could make any action
conditional on the filing of restrictive covenants simi -
lar to those on the Lotto property , and stated he felt the
applicant should be familiar with those covenants . Chair-
man Teegarden stated he interpreted the applicant ' s com-
ments to indicate he is agreeable to the covenants .
Scholes asked if 'a performance bond would be in order for
the landscaping , and Chairman Teegarden stated he felt
they could ask for a bond to assure the landscaping would
be installed.
Following further discussion , it was MOVED BY ROSS , SECONDED
BY SCHOLES , TO CLOSE THE HEARING. . MOTION CARRIED UNANIMOUS-
LY .
)4-1%1/
Renton Planning Commission
Meeting June 27 , 1973
Minutes - Page 6 -
ACTION :
MOVED BY ROSS , SECONDED BY WIK, THAT THE PLANNING COMMIS-
SION ' S RECOMMENDATION OF APPROVAL FOR MR. CHARLES B . GUY ' S
REQUEST FOR CHANGE IN ZONING FROM "G" TO "L-1 " BE FORWARDED
TO THE CITY COUNCIL FOR ACTION AFTER THE FILING OF THE RE-
STRICTIVE COVENANTS THAT WILL BE DRAWN UP TO INCLUDE THE
20-FOOT SETBACK AND 10-FOOT LANDSCAPING REQUIREMENT . THE
PLANNING COMMISSION , ALSO , IS RECOMMENDING APPROVAL SUBJECT
TO THE CONDITION THAT EXTERIOR STORAGE SHALL BE SCREENED
WITH A SIGHT-OBSCURING FENCE. THIS CHANGE IN ZONING IS IN
ACCORDANCE WITH THE COMPREHENSIVE PLAN . MOTION CARRIED
UNANIMOUSLY.
The Chairman informed Mr. Guy that the Commission was recom-
mending approval subject to the filing of the restrictive
covenants and the staff would work with Mr. Guy on the cove-
nants .
D. SPECIAL PERMIT :
SHELL OIL CO . ; Appl . No . SP-734-73 ; special permit to,
construct a petroleum marketing plant in H-1 zone ;
property located approx. 1 /2 mile west of East Valley
Highway , midway between Olympic Pipeline-Mobile Oil site
and Longacres Race Track .
Chairman Teegarden described the application . The Planning
Director noted that staff had met with representatives of
Shell Oil that morning and had discussed in detail various
questions and proposals . Shell Oil has submitted a Draft
•
Environmental Impact Statement , which is being reviewed .
He noted the proposed development is a combination of stor-
age tank facilities , truck-loading facilities , maintenance
facilities and an office . The land is presently zoned H-1 ,
although the proposed MP-H standards are appropriate for
the property -- including setbacks , landscaping , etc .
Mr. Bob Grant , real estate representative for Shell Oil ,
400 - 108th Avenue , Bellevue , stated Shell is in the process
of redoing the EIS to concur with the recommendations of the
staff. He further stated he would like to have experts on
the subject from Houston present at the meeting of July llth
to present the EIS so that all would be ready for the July
25th hearing.
Mr. Bob Thorpe , a member of the Mercer Island Planning staff ,
asked that the City of Mercer Island be given an opportunity
to review the Shell Oil EIS prior to any 'advancement of the
project . He further requested a review with the Renton Plan-
ning staff , from an environmental impact standpoint , of four
other projects which are pending which would have a regional
impact. Chairman Teegarden and the Planning Director both
indicated their willingness to work with other agencies in
this regard.
Mr. Thorpe brought up the fact that the State requires a
30-day waiting period to allow for review of impact state-
ments . Mr. Ericksen stated a public hearing could be held
and additional input taken on July 25th. Further discus-
sion ensued regarding the required timetable for reviewing
impact statements .
Renton Planning Commission
Meeting June 27 , 1973
Minutes - Page 8
The meeting was adjourned at 12 : 10 a .m.
•
•
C .:
Agfthone Mola , ecreta y
Clark Tee.garden , Chairman
A , . x
Renton Planning Commission
Meeting June 27 , 1973
Minutes - Page 7
Chairman Teegarden suggested the matter be continued until the
July 25th meeting and an up-dated staff report be prepared so
that a public hearing date can be established at that time .
ACTION;
MOVED BY SCHOLES , SECONDED BY CARUE , TO CONTINUE THE SHELL OIL
ITEM UNTIL THE JULY 25TH MEETING . MOTION CARRIED UNANIMOUSLY:
5. ADMINISTRATIVE:
(A) COMMITTEE REPORTS :
1 . Community Services Committee :
Chairman Scholes reported on the status of Environ-
mental Awards, noting that 11 applications had been
received. He stated that the committee had also met
to discuss the matter of abandoned gas stations and
has received a report on existing ordinances in other
cities that cover this subject .
Bylund Wik reported the committee also met with the
City Council Community Services Community to discuss
the Burlington Northern fill in the area south of the
Shell Oil proposal ; . Mr. Wik reported they had also
discussed the matter of the Olympic Pipeline proposal .
2 . Zoning Committee :
Chairman Ross reported the committee met June 18th
and reviewed the proposed Recreational Vehicle Ordi -
nance . He noted they are receiving considerable input
from City residents and are in the process of review-
ing ordinances from other cities .
He reported the committee has also reviewed the mat-
ter of parking and building heights in the downtown
area , and will be meeting with representatives of the
downtown merchants in the near future .
(6) ANNUAL ELECTION OF OFFICERS :
Chairman Teegarden suggested the election of officers be
continued.
ACTION :
MOVED BY SCHOLES , SECONDED BY SEYMOUR , THAT THE ELECTION
OF PLANNING COMMISSION OFFICERS BE HELD JULY 11TH . MOTION
CARRIED UNANIMOUSLY .
As there was no further official business before the Planning Com-
mission , it was MOVED BY SCHOLES , SECONDED BY SEYMOUR , THAT THE MEET-
ING BE ADJOURNED . MOTION CARRIED UNANIMOUSLY .
June 27, 1973
•
To: Gary Kruger, Planning,, Department
From: Dave Hamlin, Traffic Engineer
Subject: Shell Oil , Proposed Development •
The proposed development of a petroleum storage facility east of
Longacres should not pose a particular traffic problem if adequate
measures are taken to provide adequate access roadways. The volume
of truck activity as proposed indicates a need for roadways of sub-
stantial structural integrity. Such features as turn radii , particu-
larly at junctures with public streets shoudl be thoroughly reviewed.
The Engineering Department anticipates that development of arterial
facilities in the vicinity of the proposed site will be done in
conjunction with commercial development of the area. Lind Avenue
is proposed as an arterial corridor however there is no time-table for
its development as it is contingent upon other development. We are
also considering the establishment of a major arterial corridor
running north-south on the east side of Longacres, however, this is
not yet officially adopted. This matter should be considered as
final plans for the proposed development materialize. The City will
adopt the 1973 Arterial Street Plan in July and this will provide
additional information on proposed arterial development.
DH:sn
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.JUN 2'7 1973
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O POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98000 ALPINE 0.8678
0
GERARD M. SHELLAN, CITY ATTORNEY
.O
JOHN K. PAIN. JR.. ASSISTANT CITY ATTORNEY
0 OSEP,c_t0�Q June 23 , 1973
Et
Mr. William Grant
Chairman , Community Services Committee '
City Hall
Renton, Washington 98055 %
Re : Oil Storage Tanks
Dear Bill :
This is to confirm your discussion with Jack Pain of our office
on June 20 , 1973 regarding the general subject matter of oil
storage tanks .
Reference is hereby made to Section 4-713 (H-1 Heavy Industry
District) of our Zoning Code which under sub-section b prohibits
certain uses including "petroleum refining , or storage or manu-
facture. of any of its by-products" , provided however that such
prohibition only applies if such activity involves "obnoxious
odors , noise , smoke , dust and air po]luting substances ---" .
Therefore if any of said conditions do exist , the City would be
justified in disallowing any such activity whatever.
On the other hand, if the storage of petroleum products does not
involve any of the offensive conditions , then the City could permit
such installation provided that proper safeguards are available.
The property, of course , has to be zoned "H-1" to allow this type
of use in the first place since the manufacturing park district
only permits a light industry use and those machinery and products
manufacturing uses as specified in 4-713a of our ordinance.
You might also want to consider the advisability of amending Section
4-713b by .attaching additional conditions to permit such use, which
might include the safety factors , limitation 'of number of storage
tanks in a prescribed area, larger setbacks and screenings because
of the size of tanks , the effect, if any, on neighboring properties
and like conditions . This , of course , should be aecompl±shed ,prior
to the time that any application is made by an interested developer.
r •�
If you wish us to brief this matter further as to what the City
can do , please let me know and we shall be glad to do so. We
have, however, briefly looked at the general subject matter in
McQuillin on "Municipal Corporations" and the cases cited therein
seem to conclude that the City does have considerable regulatory
power when it comes to the storage,,. petroleum products .
We remain /•
Ve y truly ur
- r
and , Shellan '
GMS :bjm '
•
•
•
•
1
Rom•
Uti �. PLANNING DEPARTMENT • RENTON,WASHINGTON
11.1.1R0
C?7 MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235 2550
pAgrfo � ``� MEMORANDUM
SEP�
•
• June 14 , 1973
•
•
•
•
TO: Dave Hamlin, Traffic Engineer
•
FROM: Gary R. Kruger
SUBJECT :' Shell "Oil Storage Facility Preliminary EIS
Please review the attached preliminary . environmental
impact statement on the proposed Shell Oil storage facility
to °be •located in the lower Green River Valley. ,
.Any comments you wish to make, especially with regard to
traffic, would be appreciated.
GRK:bmi
Attach.
,
FRS
�� ��,
U 'Z PLANNING DEPARTMENT • RENTON,WASHINGTON
" ^
o
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235 2550
�A �° �4qr E4® ,M E M 0R A � DUMED SEIA ,
June 14 , 1973
TO: Jim Hansen, Building Department
FROM: Gary R. Kruger
"
SUBJECT: First Edition of Draft EIS for Shell Oil
Storage Facility
; f f
Please review the above as soon as possible: Attached ,`.."'`'
are two site maps to assist you.
Please make any comments- on a separate sheet and return . ;, '.;
.C- the draft EIS and the maps. due to the limited number,' '
" available.
GRK:bmi
Attach.
•
•
•
3 y, 5 L 2 p F ;';f;...
i r,: ., ' ',,.. Y 1 �y .,. ,. •�. a ,1 ,Yet, �_
June 13, 1973
To: Gordon Y. Ericksen, Planning Director
Attn: Gary R. Kruger -
From: Warren C. Gonnason, Public Works Director
• ' Subject: Environmental Impact Statement for Shell Oil „
Storage Facility }� '
We have reviewed the submittal material relative to the envi onmenta1 ' •,
impact statement for the proposes Shell Oil Company petroleum products • .';:,,,' 1'1', •`' 'Y,<-'
marketing distribution plant.
J' '? ; A'proposed 24" ductile iron 'waterrnain, to be installed in 1,974'at' - -1
Lind Avenue S.W., will provide::water service to the 'proposed plant.-.,' ,, '.,,
'•� >`t!' Regarding sanitary sewer facilities, we recommerrc a design such that; -
- • other 'plants can be hooked up into the sewer system some ,time i_;x:the' . -= r',
future.,or,when it is deemed,necessary: A Metro sanitary, sewer trunk f
•is existing west of the proposed plant site.
' We, recommend. that final approval •should be contingent`upon'-the provi_;t; "• "`
,.� '-' sion of an engineering design' showing that all' .precautions.will•'be:; -,'
' r ' .`'taken'`to prevent any seepage ';of. petroleum products' or" any type•.of toxic :,, �1 rk '1'
-r,, or deleterious material into the :P-1 channel which will:be, constructed :`a``. -
-' -, parallel to ,the western limits'of`.,the proposed plant: - - -
If you have any `questions, please.:do not,hesitate to',contact .this, .,s
«; department. ..;'. •
, •
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PLANNING DEPARTMENT • RENTON,WASHINGTON
0
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MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235 2550
0 1p'
40'�qTF <4,� MEMORANDUM
D SEP�
June 13 , 1973
TO: Fire Department Attn: Chief Walls
FROM: Gary R. Kruger, Planning Department
SUBJECT: Review of Shell Oil Petroleum Storage Facility
Environmental Impact Statement (EIS)
•
Please review the attached first draft of- an EIS on the
proposed Shell Oil petroleum storage facility proposed in
the lower Green River Valley.
. Any comments you wish to make,' with special emphasis on
fire suppression, would be appreciated.
GRK:bmi
Attach.
0 ":
, ()- , 1 PLANNING DEPARTMENT • RENTON,WASHINGTON
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235 2550
0 CO'
/)A°'�qT � c'0 MEMORANDUM
'ED SEr� v
June' 12 , 1973
TO: Files - -
- FROM: Gary R: Kruger .
SUBJECT: ;Meeting with Bob Grant of Shell Oil Co. ., ' - "
This morning Mike Smith and I met with Bob Grant of Shell Oil Co.
regarding their special permit application and preliminary EIS. .
Since this Department has not had an opportunity to fully review
. .' the proposal- and does not have sufficient copies for concerned
- Departments to review the proposal, the below preliminary. con-
clusions. were forwarded to Bob Grant: ,
1: 1. Acreage and legal description on special permit -- -
The proposed development requires just over half the
site so why apply for the entire site?
' . ' 2. Oil separator -- Something should be stated in the EIS
about maintenance. .
' , 3. Impervious floor of; oil storage area -- Since any water - -
t or oil will be absorbed into the ground and then infiltrate - :
to the P-1 Channel, should not some impervious layer be :. '
installed to catch the water and/or oil?
'-,.'532,, 4. Landscaping -- The proposed 5-foot landscaping is inadequate ,r
to minimize the impact on the adjacent property. Additional .
landscaping was requested.
Boundary.: Feet
West. 25 .
East 15 -
South; 25
` North 15 '
" 5. Fence ,-- ,The fence should be on the inside of the landscaping
{ so that it does not -screen the landscaping.
6 . Lighting -- All lighting is to be directed internally. The
loading area can be illuminated 24 hours per day, but the
tank area should 'be .sparsely lit for emergency "purposes.
•
•
. - Page 2 - •
7. Color of tanks -- The tanks are to be a grey-blue color
with no identification.
8 . Signs -- The signing requirements of the M-P zone are to
apply.
•
• 9. Access -- The 60-foot industrial access road may be required
from the site to the proposed extension of Lind.
10, Bearing capacity of soil -- Information should be included
• in the EIS on the bearing capacity of the soil, the founda-
• tion and the possibility of earthquakes.
11. D.C. Island -- The ,island should be moved to at least 50 '
from the property line as it previously was .
•
•
12 . Drainage -- Drainage catch basins should be noted. ,
As additional review ,comments become available, these will be for-
warded to Shell.
•
There was considerable discussion regarding the special permit being
held by the Planning Commission until a draft .EIS acceptable to this
Department was prepared. Mr. Grant agreed this was the procedurally ,
- correct thing to do and would forward this to Mr.• Bergun in Houston.
' GRK:bmi
• •
1
, 1
(10R A`
`Y,?) PLANNING DEPARTMENT • REN:L`ON,WASHINGTON
UinuR 24 MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235 2550
10 s
1i5 MEMORANDUM
o ��
�4'tD SEr0
June 8 , 1973
///
TO: Gordon Y. Ericksen
FROM: Gary R. Kruger
SUBJECT: Telephone Conversation with Ed Bergun of
Shell Oil
Ed Bergun called from Houston this afternoon. He wants the
Shell application for a special permit presented to the
Planning Commission so it may render a decision June 27 ,
1973: I again informed him, as I had some time before,
that a draft EIS would have to be prepared prior to the
Commission reviewing the proposal.
Mr. Bergun wanted to deliver 20 copies of the proposed EIS
prepared by Wilsey and Ham for distribution to the various
interested agencies. I informed him that the report prepared
by Wilsey and Ham was considered a rough draft which must be
revised and expanded. The refinement could take weeks or
even months. I indicated that any EIS must be satisfactory
to this Department before it would be distributed for review.
He wants all proposed changes to the EIS to be made with
Shell people and not the consultant. I indicated that this
could be done.
A letter probably will be sent from the Shell office in
Houston stating their case.
GRK:bmi
• ,
0
<C rJ ,
v 11 PLANNING .,I)EPARTMMENT e RE:`TON, WASHI\GTON '
0
A "IR Z) MUNICIPAL BUILDING • RENTON.WASHINGTON 98055 • 235 2550
O co
0
4' c��'� • MEMORANDUM .
• tDSEP1
June 6 , 1973
TO: - Guido DeWinne., . Public Works Department
7RoM: • Gary R. Kruger- ' . , '
SUBJECT: First Edition-"of Draft EIS for Shell Oil
Storage Facility . ; r
fi
., , Please 'review the above:; .. Attached are two 'site, maps .to '
assist you. • '
'My preliminary comments are noted in pencil. `
Please make any comments- on a separate sheet and return -
: . the draft EIS and the maps, due to the limited number
' available . • '
' GRK:bmi •
,` ' Attach. - , :. • , `
iI
•
e O
r$1111, rL PLANNING DEPARTMENT • RENTON,WASHINGTON
MUNICIPAL BUILDING •• RENTON,WASHINGTON 98055 235 2550
O cc
A°qrf MEMORANDUM
D SEP1
June 5, 1973
TO: Files
FROM: Gary R. Kruger
SUBJECT: Shell Oil Storage Facility
Joan Lankford, Mike Smith and I met with Bob Grant of
Shell Oil Co. He submitted two copies of a draft EIS
prepared by Wilsey and Ham, and an application for a
special permit.
Mr. Grant will contact Mike later in the week concerning
any suggested changes. Joan and I will review the EIS
and contact Mike Brooks of Wilsey and Ham, the project
engineer on the EIS.
I informed Mr. Grant that the Planning- Commission would
not give a decision until a draft EIS was accepted by
this department.
GRK:bmi
. V
C.) PLANNING DEPARTMENT • RENTON,WASHINGTON
MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235 2550
0 tp
° TED �� � MEMORANDUM
SEP�
April 19 , 1973
TO: Files
FROM: Gary Kruger
SUBJECT: Shell Oil Storage Facility Meeting of Com-
munity Services Committee
People in attendence:
Gary R. Kruger, Planning Dept.
Bill Grant, Councilman
Dick Stredicke, Councilman
Ed Burgun, Shell Oil Co.
Bob Grant, Shell Oil Co.
Jack Dovey, Wikey & Ham
Grant- Prefer to get away from formal landscaping.
Shows concern for local loss of wildlife habitat.
Kruger- Reviewed the status of the application. -
Burgun- Additional fill on the north side of the fill
required for fire access . There are no present plans to
develop the north half of the property. Renton was
chosen out of a variety of other sites, primarily be-
cause of the central location in metropolitan Seattle.
In case of fire, in five to ten minutes foam would be spread
on all tanks. Should an explosion occur in a tank, the
roof would blow off leaving the tank to hold the liquid.
The dike would contain liquid in tank form. -
Grant- Is there..a possibility of switching loading and tank
areas?
Burqun- It would be safer to keep the traffic from going
by the tanks.
Grant- Was informed at previous meeting that access would
be open to the public by way of the P-1 Channel, but
a fence is on the property line. Concerned about area for
trail along P-1 Channel.
-2-
;i'
s
Stredicke- Public access is important and parking may
be required.
Johnson- The 40 ' drainage ditch on the east side will
be covered.
Burqun- Drainage is to go into that ditch; also nature
trail is expected to go there.
Grant- Wants to trade off formal landscaping for leaving
a portion of the north half undeveloped.
Stredicke- Development will be by special permit so
landscaping will be reviewed by the Planning Commission.
The site needs formal landscaping.
Kruger- Special permit will include landscaping and
• preliminary EIS.
Stredicke- Wants pictures of other sites.
Grant- A policy must be made on the eventual number of
tanks in the Valley.
�`► `Y� PLANNING DEPARTMENT • ,NENTON, WASHINGTON
MUNICIPAL BUILDING • HEN TON, WASHINGTON 98055 • 235 2550
0
MEMORANDUM
ofO SEP�� April 17 , 1973
•
TO: Files
FROM: Gary R. Kruger
SUBJECT: Meeting with Mike Brooks of Welsey and Ham Concerning
Environmental Impact Statement for Shell Oil Co .
• This afternoon I met with Mike Brooks who will write
the EIS. We discussed the format and contents of the EIS.
Water access, landscaping, fire supression, special permit
procedures3traffic were some of the aspects that were discussed.
I indicated that the EIS should be quite thorough;
justify information; include maps and document the information.
Mr. Brooks indicated that he will work closely with the •
Department in the drafting of the EIS.
GRK:ji
A`..
pF R1'
0
'x PLANNING DEPARTMENT • RENTON,WASHINGTON
;;...:
C� . MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • 235 2550
O (0•
p°'0grFD c_k0 MEMORANDUM
SETA
•
April 12 , 1973
TO: Files
FROM: Joan Lankford
SUBJECT: Shell Oil Storage Facility Green River Valley -
Landscape and site requirements .
THOSE IN ATTENDANCE:
Glen Hunt - Landscape Architect
Gary. R. Kruger, Planning Department
Joan Lankford, Planning Department
In review of the landscape site plan, the following items were
discussed:
1. Increase the planting area depth adjacent to the P-1
Channel and the drainage area an the east side of the pro-
perty to a minimum of ten (10) feet. It was suggested that
additional depth of planting be provided at variable
locations, along with slope erosion control.
2 . In providing additional planting area - the dike location
could be moved towards the interior to accommodate the
additional space.
3 . The slope area on the south property line was questioned
regarding slope easement outside the property line. Plant-
ing width should be a minimum of ten (10) feet.
4 . Increase planter areas adjacent to service and maintenance
structure, suggested minimum of seven (7) feet.
5 . Provide landscape screen between tank storage area and
truck service area to break up large interior void.
- Page 2 -
6 , 'Increase planting width on north entry side .
7 . Plant material should be large evergreens with some
deciduous to provide variety in texture and scare in
addition, to ground cover that provides slope control.
8 . Consideration should be made to provide a sprinkling
system on the planted areas because of the fill base.
The above items will be discussed' by Glen Hunt with his client.
JL:mef
OF R�
`� PLAN\I\(,i JLPAR U\1}I • RENTON, WAS!1I\(:'1'ON
'
C, 4
a� MUNICIPAL BUILDING • HEN ION.WASHINGTON 94095 • 235 2550
MEMORANDUM
0 �O SEP�EIP
April 5 , 1973
TO: Files
FROM: Gary R. Kruger
SUBJECT: Shell Oil Storage Facility
This morning I met with Ed Burgan of Shell on the above subject.
Shell has hired Wilsey and Ham to write the impact statement and
Glen Hunt and Gerald Bell for the. landscaping.
Access was discussed at some length. He wants to extend the 24
font private road to his property for immediate access . When
Lind is extended he is willing to construct an industrial street
at least part way to Lind. He hopes Olympic and Mobile would be
willing to participate in the cost.
I indicated that the Planning Commission may require an industrial
'street as a conditional approval. However,_ the Commission would
probably be satisfied if some iron clad agreement could be made
insuring the construction of the, street when Lind is built. Also,
I indicated that the Planning, Commission may require the instal-
lati on of adquate water mains as a condition of approval .
Mr . Burgan indicated the Tanks would be a off-white color with no
identification.
Mr . Burgan will write me a letter stating his position .
GRK:mef
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- PLANNING i)J, 'ART.NIEN'I' • 12KN'L`(.)N, \VA4ii1N(;T()NNi
U
MUNICIPAL BUILDING • HEN TON.WASHINGTON 99055 • 235 2550
4o
� �� MEMORANDUM
'ft° SEPTt-wO
March 22 , 1973
•
•
TO: Bill Grant, Chairman, Community Services Committee
FROM: Gary R. Kruger
SUBJECT: Proposed Shell Oil Company Oil Storage Facility
• in Green River Valley
Attached for your information is a map with the above out-
lined in orange. Shell is proposing to develop the south
half of its property at this time since that portion has
been filled. The site will be bounded on the west by the
proposed P-1 Channel and on the east by an existing 40-foot
drainage channel.
Mobil Oil Company and the Olympic Pipeline Company are
presently located adjacent to the Shell site. The Shell
facility will be similar to the other two in that the
petroleum products will arrive via pipeline and be distrib-
uted to market by trucks. Since Olympic Pipeline Company
is planning to install another pipeline to serve that area
next year, the entire area has a large growth potential.
Should you wish to review the proposed facility, or be kept
up to date on the proposal, please contact me.
GRK:bmi
Attach.
•
l'LANNIN(; UE1'Ai1'i ii N'i' • RENTON, \VA 4IiIN(;'N)N
• r
r 1 MUNICIPAL BUILDING • LiEN1 )N .YASNINc TON 93055 • 235 2550
lllAA �o' MEMORANDUM
04)4teo SEP���O
March 22 , 1973
TO: Files
FROM: Gary R. Kruger
SUBJECT: Shell Oil Storage Facility
- This morning I met with Bob Grant and Mike Allert of Shell Oil
Company about the above subject. A revised plan dated March
15 , 1973 was •prepared for my review. The plan incorporated land-
scaping and setbacks .
It was their opinion that there should not be any landscaping
on the side of the dyke due to a fire problem and landscaping
maintenance problem. Instead they proposed to have a product
called "grisley" worked into the dike to prevent erosion and
minimize maintenance . To offset this , the dyke was moved 5
feet north and Mr. Allert indicated that in certain areas the
dyke could be moved northward more for large landscaping areas .
The tanks were agreed to be painted a non-white color, possibly
a light green. Mr. Grant indicated that there would be no ident-
ification on the tanks .
Mr . Grant received information from Houston that at the maximum
trips per day for trucks would be 160 and for automobile 40 .
This would be a total of 200 vehicle trips per day.
The possibility of a public street, constructed to city 'standards ,
from the proposed Lind Ave . between Mobile and Olympic Pipe-
line ' s property was discussed at some length. Apparently there
is an existing 60 foot road easement which could easily be dedicated.
IPowever, a few problems were mentioned, such as , whether Lind
would ever be constructed and whether all three petroleum com-
panies could agree to participate on the cost of the project.
I gave Mr. Grant a copy of the six year street program so that
when he contacted Mobil and Olympic, he could document that it
is the City' s intention to have Lind constructed.
2 -
I took Mr. Grant to see Dick Houghton, the Utilities Engineer,
about water service . ,Mobile and Olympic are served presently
by wells and water tanks which is only a temporary measure to
support fire suppression activities . The permanent facility
must be a water line coming down Lind from 16 Ave .
Mr . Grant indicated that he- would hire consultants for the
landscaping and the writing of the environmental impact statement.
I said that I would make a determination on the precedures for
the special permit, environmental impact statement, etc .
GRK:mef
•
012
i'LA\NI\C: I)EI'Ail'P1tENT • itEN'I'ON, wroN
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q` MUNICIPAL BUILDING • PiNION. WASHINGTON 98055 • 235 2550
43 MEMORANDUM ,
o��TF� SEP-1 -
•
March 6 , 1973
•
T O : Files -
FROM : Gary R . Kruger
SUBJECT : Shell Oil Storage Facility
This morning I met with Mike Allert and Bob Grant of Shell
Oil Company about the above subject proposed in the Green
; River Valley . A plan dated February 22 , 1973 was presented
for my review.
The access to the property was discussed at some length . I
indicated my concern about access• for the development of the
entire area and how the proposed facility would fit into the
road network . Presently access appears to be a private road '
with Olympic Pipeline and Mobile Oil . This may be in conflect
with the Subdivision Ordinance and the Building Code . I will
check on this . Fire access (gravelroad) is to be provided
with a cul-de-sac .
They will investigate the possibility of moving the entire
dike , fence and storage facility about five feet north to
provide an area for large scale landscaping to help screen the
tanks . Landscaping is to be provided on, the outside face of
the dike . The easterly property lies next to the 40 ' foot
drainage ditch will be landscaped on the edge of the fill
( about 25 horizontal feet) and five feet on top of the fill .
The fence will be behind the landscaping .
Landscaping is to be around the office and truck service
building , which is to be setback sixty feet from the property
line . Any sign is to be small , low and not conspicuous . The
tanks are to be a color which minimize their. presence • (probably
a pastel and not a white) with no identification .
They will contact Houston .to determine whether the above points
are negociable and in the next week. or two will redraw their
plans for a counter proposal . Asked what would be the next
step after the details had been agreed upon , I indicated the
! drafting of the environmental impact statement and the applic-
' ation for a special permit .
GRK : mef
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UNICiF'AL E3UILDINi� 0NEN LON.'.`iA;HINGTi)N ')3(155 FrJ 235 2550
r MUNICIPAL
I E R T:o ICJ WI
fc'"D JE,ft.
February 15 , 1973
•
TO: Files
FROM: Gary R. Kruger
SUBJECT: Shell Oil Storage Facility
This morning I met with Mike Al:Lert and Robert Grant or Shell
Oil on the above subject. They were requested by Houston to
clarify this Departments requirements of a special permit,
environmental impact statement (EIS) and subdivision. Houston
was particularly concerned that a special permit would not allow
the facility.
After the purpose of the special permit was explained, Shell ' s
representatives considered the procedure reasonable and normal.
Quite often jurisdictions al1oTa service statements only by special
permit and they were familiar with this procedure.
The reason for requiring the EIS and the City' s procedures was
explained and they did not appear to object. The handout on
how to write an EIS was given to them. Also special permit forms
. and other information was furnished them.
The proposed MP-L and MP-H zones were discussed and how these
would affect the facility. The concern for aesthetic and the
impact on adjacent property was discussed at some lenght. Land-
scaping, screening, color of tanks, surfacing of ground, fencing,
etc. were mentioned as areas of concern that should be address
in the design of the facility.
' The gentlemen indicated they would contact Houston to explain
the situation.
GRK:mef
4 pF R •v
U d ® ® PLANNING DEPARTMENT e RENTON,WASIIINGTON
P'r z + O MUNICIPAL BUILDING 0 RENTON,WASHINGTON 98055 Q BA 8.3310
9 a�
°Rr CAPITAL OE January 24 , 1973,
•
•
Mr. Edward R. Bergun
Shell Oil Company
2 Shell Plaza
Room 1194
Houston, Texas 77001
Re: Proposed Petroleum Storage Facility
Dear Mr. Bergun:
This Department is reviewing your proposed petroleum
storage facility in the Green River Valley. The site
appears to be zoned H-1 (heavy industrial) . The pro-
posed use is allowed only by special permit because of
the special nature of that type of use. A special per-
mit also would be required by the proposed new MP-H (heavy
industrial manufacturing park) zone for this use . Enclosed
are the forms and instructional data to prepare an applica-
tion for a special permit.
An environmental impact statement will be required for the
project as it may have a significant impact on the environ-
ment. Enclosed is a handout listing the information to be
included in an impact statement. A final impact statement
must be issued prior to any construction.
The site may need to be platted. This Department is re-
viewing the requirements of the subdivision ordinance to •
make that determination.
Very truly yours,,
Af?-Yr!',_. 4,�!.rL.
Gary R. Kruger
Associate Planner
GRK:bmi
Encl. •
/
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4 OV - PLAN'NIN(.i DEPA F TALENT o RI. N TON, WASH I N GT()N
Uti , MUNICIPAL BUILDING 0 PEN TON,WASHINGTON 98055 0 235 2560
'ME MOB :,, NOUN
off' eti SEP-634
January 24 , 1973
•
TO: Files
FROM: Gary R. Kruger
SUBJECT: Meeting with City Attorney on Proposed Shell Oil
Petroleum Storage Facility
Yesterday I met with Gerry on the above subject matter. He
concurred that a special permit would be a reasonable zoning
vehicle due to the special nature of the use. The impact on
the adjacent properties and the potential pollution and fire
problems require that the proposal be given close review.
The requirement of an environmental impact statement seemed
reasonable in Gerry ' s opinion for the same above reasons .
The requirement of reasonable aesthetic controls , i.e. , color.
of tanks and landscaping, was valid in Gerry ' s opinion due to
the impact of the facility.
GRK:bmi