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HomeMy WebLinkAboutLUA73-734 ti 0 . . 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 • • • • 1 ) ) ' • 2 ) ) 3 ) ) 4 ) ) 5 0 ) ) 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 TRIAL BRIEF 9 SHELLAN, PAIN $SWANSON Page ATTORNEYS AT LAW W00 SO.SECOND ST.BLDG.,P.O.BOS USed RENTON. WASHINGTON 98055 ALPINE 5-8678 • � i t • • • 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 PPage 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 REN:ON. WASHINGTON 98055 Page 11 ALPINE 5-8678 • • 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 Page 12 SHELLAN, PAIN ,$SWANSON ATTORNEYS AT LAW 100 SO.SECOND ST.BLDG.,P.O.SOX 038 RENTON. WASHINGTON 98055 ALPINE 5-8678 • • 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 Page 13 SHELLAN, PAIN etSWANSON ATTORNEYS AT LAW IOO SO.SECOND ST.BLDG.,P.O.BOX 630 RENTON, WASHINGTON 98055 ALPINE 5-8678 . 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 Page 14 SHELLAN. PAIN $ SY/ANSON ATTORNEYS AT LAW I0O SO.SECOND ST.BLDG.,P.O.BOX 889 RENTON. WASHINGTON 98055 ALPINE 5-8678 • • • 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 Page 15 SHELLAN. PAIN &SWANSON ATTORNEYS AT LAW IOO SO.SECOND ST.BLDG..P.O.BOX 6.16 RENTON. WASHINGTON 98055 ALPINE 5-8678 • . . 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 Page 16 g SHELLAN. PAIN & SWANSON ATTORNEYS AT LAW ZOO SO.SECOND ST.BLDG..P.O.SOX H]i RENTON. WASHINGTON 98055 ALPINE 5-8578 • 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 Page 17 SHELLAN, PAIN &SWANSON ATTORNEYS AT LAW 100 SO.SECOND•ST.BLDG.,P.O.BOX C2,1 RENTON. WASHINGTON 98055 ALPINE 5-8678 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 TRIAL BRIEF SHELLAN.PAIN & SWANSON Page 18 ATTORNEYS AT LAW 100 SO.SECOND ST.BLDG..P.O.BOX(120 RENTON. WASHINGTON 98055 ALPINE 5-8678 • 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- TRIAL BRIEF . Page 19 SHELI.AN, PAIN & SWANSON ATTORNEYS AT LAW SOO SO.SECOND ST.BLDG.,P.O.BOX ORO RENTON, WASHINGTON 98055 ALPINE 5-8679 ` u • 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 Page 20 SHELLAN, PAIN &SWANSON tJ ATTORNEYS AT LAW 100 SO.SECOND ST.BLDG.,P.O.BOX'836 RENTON, WASHINGTON 98055 ALPINE 5-8678 • 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 • • • t •i ' 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 TRIAL BRIEF SHELI.AN. PAIN $SWANSON ATTORNEYS AT LAW • 100 SO.SECOND ST.BLDG.,P.O.BOX 028 Page 22 RENTON. WASHINGTON 98055 ALPINE 5-8678 . • • • 4 • • 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 age 23 _ SHELLAN. PAIN @ SWANSON t7 ATTORNEYS AT LAW 100 SO.SECOND ST.BLDG..P.O.BOX ORO RENTON. WASHINGTON 98055 ALPINE 5-8678 - • • 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 ._ ,� r ,„ ,_ _ , • 2-14‹a /J. / , '. t :-/-C .i,; - 27 28?,9 - --70. 7' j-- '-7 --Tf le.-- - k t j°i%' ,?/ AUG1974 1k CVE CITYRE ofEI REVN1E0D11 : '\.c:7- CLE OFFICE ' )(z7, r,/Z------- el -- 4.------------ ,-/L- - 4-''--1- .4F-1----‘ di' &Li rd.../t-I-e-e-it .,,, -,--2-- - 2 2:4;-6-- -- ---/)--- /1-"le'g-I dC74cL-1, < - 4..-•*'. d_,_0_-• (2_,,,„,. _.,i-ee, 1-€,--------/ . __/, (dt,,aa-z„_!i21--1-4-/ r L -----5Ze., 4 -.----vt-- ----2.----- --r --` ''-------. -'Aj---1-47 ----7 Z-•-----4-*/ -' 1--':- - - ---c --f--°--' .— ,, .25. 2_ gc-‘- d'e- 14: ii__ .,„_/ -e,./z-- a_v_1.7,-r_J, .'t rt: Q- ,--'e- i' -- -e-e' __ -,67 -J.-et--,,---la "-c--ei- e a- P-1--e) ..-e .--L. ' ‘-' -Lr (>1'°-`-i - '4°' 6°j2d7j- f -- --/L---e2--t---, V -e- - ,o.a„._ c.,_ 0(-dr,,,g__ --,1,, r------ )%ft, -- (-);„1„,„..e......7, 7,6,,,, , , 7& % _t__ //,s-7 rde,,<-e -0- --e0 Al. e- Vc_.• G' • I C Lri Ernest B. ?�2,�?� ��� ›, `; 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. .- 0 4� - - m _ ; cin -- ' General News ' oo : bdm Comics . Friday, February 22, 1974 U1 e 3Pafflr �iuw • nlZ - =Co0 N cfi • - 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. 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(-y q/ ""r"Y tig;:t ' S ' V _It`t, / olprz �' 'vaW '3 ,„,,e , c5a,5 to') 4-opt q .45 / -/7/ ' S /-5*f./ al-12_4 . \t ,2 -a-)- -b 0 L • c- 8 -�,L cl '---F) , / 7>3/ .ems E,zz-/ �"-)-ti —o� 1 -,c --77-y -.i LS A f't7-- ihfri/ w,--ii--A(4) (--7,--.29,-i .., 444.-30,605 cit9 41 11'0 2 g oaitiubtor lb ti ____y/7 e ,,5_ i„._/ "0 a b--,1-.-7: ,__\-- .6.--2 4-2 -::---.:7*..,/- ,y-,--° --' X -_- -2 ,‘-:,„/ ,07,,ze ',3( Nz iw- if/. / ( / 'LY-')-6d" ‘9s -?-ds-096,,,/ , . , . 1,/ra-3 ...5` ?9 e'er • -0 1.2/ i l ,- ,,,,,,4 ,,, --15)i --;( fi „,-,-,-74,,,a, ,-,, -, ,,,,, --------70-7„5 , ��rfep___,(c)-1r-S ,--,L ��:47s z )z. x f¢, S f� Nis9/ Gs- ego, tivto+ta�r� '� i.! i n��, lee---cw--/R-4,-) p.i., _ , . . . ,i i / /,/ L 1 I // -iig 3S c7fr' 7/ 6/1?// 6:2 "__&2� p i r f_ ) f/ 1--1 - (-,\ (.-7__I g.....11..7y 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 ' 4s1 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 1. " 1 - ' 69,o 5, 1- - 5' i ".2 r,t.ct 1. 01 a 5 30 ) 2e. -vt-e—/ =-h)., S . 12- ---6-\-\ ____ezt.i-- • , .b . 71;.J,t;;___!)74;tc ,- 8. 8/et-r,/ c., _/ ,iviwe r — z_S 3..i . _52'i / L G --s ._ > =et- "/'i.)-- _-_ 7(:,..,-,' ,,,,,;:t/ ., -- , ; 2‘,.."--154- ,S177-7/ Ail'',P sir 16,1,4, ..5.;:"/ 4---e:',7,.."70 'N-/. 10. �. .w •' `I..� ' ter 60 S-v+t e... _ ,,,..0 C ,L . R C'—�►.--- rv.3 11,.' f•,/v2 Got bso-,.- r%cf& 4 Z 3 S•-r,- e..o a--e -e .te,-- 12. ^,e ) ,Z.: c& 267,3 4->we.-1- -e-L., &:,..e f ,RE- 13. /Lttiil.fiL 4 a 4.2g ! 3 tt- =1, '7 , • 14. ' _t_. _1 'XV\. '! • SS' l ii S° , 7 b. S%, _ 15. J - ' - ` 3 - • e 7/> /1'ezv _0 h, . 0 16. \ . % 11114,' ,-.L IC ' . c��� J P ` �`. RQ�A�.- - 17. �� -:�: `--7--- _" 8 --1 �� .ez--fi—/ i'� 20. // .; _ _ �/ �;_�i �r��li . 11., _ 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: 2. ;l.CGtr �C/ .,,,-" - ?0 f ..,1-6 r� s c)'r' SG, .. o--^' 22,-;,-J-a-2 3' 5. a I 7�n� `1J'r,z �G - �" = ter 0 7.'1, qr "2 d L' Qom' C�. S/ca CF- ,0 ,,,, 4%� -G�`�..___L 2.,,,- -; jam' i 10. Ltd f /Z� 721 W. `z -1 g, 7 a / ZbEC.-__ ' " .- -,...t-,i- - ""--.ec.-,- --- s .J � e!7�� i�f y 1 i. -.6� 13. � -.'`- - 14. , .,- C 7 6 . // -ii-e----e.-- - 15. 1•c ( 11�I- e .. ( Gvc • �e •16. G�./W )• G. 1 tP Cc C; r'J/- ,/1f/ �L,x - � 17. .� i/j�/v �' - �S/1_ �` c� ��j L 4-' 7` -41 1 nn 19 r l --. 1 :" , Mc, 5 7 16 51- --.7`- 7" .0-✓7";),ie'4J' 2 :>YIO ik 1-4- 43e =`L / 1 22. - de- _lu .4 �r4-17e.$ f o?a _ cg. ` 61 e,-7'7�� L� :.— 23. 'tti4✓ '' • , 1 L06 Sc. n " Si-4, .vti' Lti1 (DI( 24. .4r ' ' 25. -,� -t' ES ?�� &�2 /'/3 *� - ___-- ----. _. 26. t0 27. s _1 ,.. / 28. ) (P/• • ()enk/) v 'i _ n 261-0 ti.).-4_,A,-,AV L-Lut- 30 ,, a ‘L /�.•��..Z� ? 4 (g i'b d . , 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 • 2 !V % 11 -Z6-vC al__ A d F .3 C_ `�-v 1__ / 4 y / • •( _ / S7 'L`%i, _ate 7_ ‘ ? / . 7. t/ 9 ��- �7 ` •i' ;b•C.- .j0 �- f%�2 --_. • 8. / �- 7 U .4 --__ 2__ __ ' .,e. � _.__ -f� �_ �, ,s-1- . _... �r—.. eo..—i 1,9 61 9 eee_c_01„...„ 1 . 1'_ ., .3--� �. __ -/f- :J - •C(.ti-? , - 12 C, �. D .�- 1^.�_ :S ae ilirbiL ./'U-e. -S. _l e S S 13. �. — ' iw '‘ /-, F - // / / / 14. 4fA!!I I���_ lINIIIMMiliilir .._.. • C ; 15. .� ' i - -� �� — . ,,�. 16. -Lam , a- A / - �) n / « 18. ✓ LTV /27- 3 I-GA .ST S " _19• . / . • NC/G SF / '4 > eN.)-z-et 0, -.. • 21. / .c_ti.l ;, ./ ., 34/3 -�� .a c�2 __s_a._. 1: _ 2 2. •v`•/ ItC1 `'�. -c.4_.L4�<r__ric_> •• j'y - 1.i, '`� a-4.,Le .L :4%,—A .- ,._.' .• 23. 1:7..e. wee i'. . a =-(., _L / 0 7 •--e , ,�� ..gi ./;%-�' `L— '�- 24. 1-,/e—0 A 1° fe- `-�` g ' � r �P..•c,„ ire4-- ----7_, • 25. 1�/ p . . c j ' in ' . e::::47 - ''''' - • 2 7. / ' L.•�.- 3 /7 ee-ea«.C., , _ i� .�28;✓ u. . . (. �c.s�-(2eAs.. ' 3/ 7 C ,e. X] . `^�- 29y 6d i 'b pi W 420__— �.l�Ip.t# 1 @stir. . • -�� 1 q dl . '‘\ . , . 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- 1.___ ZGL'i ' CA-1---- 0 . -2 ,J1.1.\ - //e2- 2_, (/ ,jam ,�� y J2� �� �I�Z- 3•4/i( .ie..",;( '''.41- ,,i-Ley-et L 1 )--- ( .,4/4:,-/;,./L.,24, (4,4 .1 , k,,,---,r,L_,,( .1, 'I '1111A.., 5 3 i2 A L,idiye Y ditifilL___ •\. av, • ' 6. 71;,t-e_-, /, 4:� 53 y Y.a - & . �� 1,. 7. r...)AA.Q !�J c1 C-1 'Z. r-�.•C) /,, i' i V `�.1 . .._J.-�, %t�l1 l :i' 8.'>;1`1., . , ,��: �.l' y::"e T/] • 10. ✓ 12./247 v 6 , 2,:e4o4 ' .i ) Co I ,i • -- - — - ` LEA_ 13. e`c 1 ./J.r 6 L A 4 P ' EL . �. IA a. - 4.4— 14. t , .Z zzL R -- y 4 4,-,-,tt eat` 16. ` 5 7 ,C", r,%�r�t/�- i cSi'> 17. -ibillee--11-- ' - [R► 4 2 c�`�7 �- 18. r�_ 19 i F 20 � �,��u r/ram / �. L f' �'.. 21. ( /,,,, C, M 4r14_f if t_a, a (.2 G e. j),„4.�3. , ," .5i_ ,w7 7 , ,, .1 (5'r.-)Li -So X4 C.T. /< (Z-je,r, 26. 1 �)2 L i ;Z, V.7 '"42 2 S c`C 7 C• < ,2 ic., i-- 27. /: �� /0?U-U . 7/ 7 ) '. G%-"'�' .f . 4. 29. ' , LG� 7, 7 2.1 . 7 may/ 61-- 3 0. (UJ2A-&-, v®! ,2,L� -`7/.J 7 1 .. -2-7 • 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 " 1. r>i. /. _ d c a,. - f A--- -- , ._• . ._ . 2. 611, r uie-L- ___ (?/5 — j a —2 7 - ---- - ----- 3._:. �'.,a-/-Ze-e • n7 , (7 �a, .-e- 15 �i 3 -S U .a I __` _ 4. C ------ -1 5- ; _i - 5 \_,__„..,,A,,- AA-czn,.__ - u 7. CM Vio a `' v__ _ - -. 9 • d_cv� _ "---�1 - — 2 G i ----.�' r..� t..ir_s b_-i -_z.,, tc-, - ,_,,_de. 6- _,.,2.5..3_,7._ w..41- &-- ___5:___:444.-Te;L, is. ' --- e a "'4, CC.__ __. ^�� `L- - 13. ei4/ - -2:c �1 . v�- 7 _ �� - 14. i (�C 1 `� , v .__.-_ • 15. (....� .�, ,� (1 P 1 �-.7 Jr- �.----7 --1- - 16. &4 u /✓ sat, - S. :71- 5/. U 1�i41-0,., - 17, t - fed- -5-a 7 a, 1 • f i 18. L&7, 1-- fir= -5 17--.y?L - r __------ . 19 . C, , c:( 1 ___-,- __._3 l C) S 2? 7 f-f S'f .A-' 6 - 2 0.-.._._. 4,M/„ ' -- <- . -��-;.1 21. et - 1 - - --.c3 Sd R� 4\ -------- - . 23. _ f.' 0 4, , a1 I(c, vii.6 2(,, av S O 42-e.„ 24. /,, 01.4,--k ' f nA-to,L. 2.71 c fl/.1 1,�1 aP- S� D�/�--__ ' 26. i�G .& �)/'L'� i 1."t' 6-0 / -i//./t-te) oda (d i-7C)- 27. r ''l ‘2 -__s- 2�'%/t y 28. , .� �� 7 ( �/ '),'i • . 4 ,,,- , • • _ ' 'm . . - . , . . • . 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 6 /z_ fe, , cii-7 az, (7a.., ..._,._ gr,. Apr .,"---..,- 1,- 7--- ' 2 ,/ vell, ...4_, _.,,,,."..... • __ 3. 4 IWO* -577 ,G, ,7f(_..-- . • 4.1.....7 -"k • f• 5 ezad&Z. ,ja. 5. fffP\-0(4-e-t--_, • _ Q* so . Re.,:ken co • n If I I fi 7. ats-14 .3 idee-1,-,ez . d -le 04,,,. 8 L-- -C. --- -/ 1-4 2 9.,.5 •fr/g,yr-69: v, f Z1 9,10,121-e- __./L__ Le24 . e2 536 0&13.a.24-th/127 '52— -k QZ-el-7-1 ' _ 10• 4, 44:-;i a t-, /1(Aiii '51 4 e? d. .A6 di e.L, 1_,L,"0_,,‘, - ---- ii. ....711-,r; /,,7_,, ei: • - .-3-z‘.:1)_ ,...?,,Z s , ,:-,1C :4t- __±,Z44:_&,__ 12. 7, -) X:.--,,t4"-- .2SZ.P ,0iZ..- e.e.? p54 • 13.Q13, 0 0.., ' ' !_ .-___.' •• 14.11AMIIMMI2-5.'W -, • , /, - ' "/"- '• 2 - 4 ,..., 3. ./,-Migalffir -,' 16. ,A , e,,4. ---.,s2 I 64...,Ai,/-c-vc,c:-74 C7-S. 72e.,,vT7._ 17 t7d7 . 2.—..--,-- ‘ ) . -5-1 _ -72o0; rrik • ii,„. - , '71-, ( ' 18-Ak 19. ! U • --4 a.) ak;'..).} (51., --i--LJ - • • 20. AYIPAIM, -,_ , :-., • 7. 74/14; /514,q- (-57 /61;;4E7. _ _ • 21.L447._ 70 ,:e .„: ' ,-52,4‘57 `272444i. _ 22. ,,.,....,..? .„. 23 .1 iffillt_ ejia:. , 2 — . , 0-/“< 4 0--- . rC12 '0 ' 2 A I IP 111,11113WM f --t -_) 6 ? S ,26,- --fl—a,-,,_41- _...„........a_mi—i , • nrt I, ., .6 1'7 2 ;(. •41, et- , k. 6' 26P7.21M1Ve_..., ,,=S , -24; ....„1,,,,._ 27. 4 . •411111E01111 • -- 5.,,Uige-Y; • • ; 28. , -------'••• •----- (• „ 6 e),? c 2 i rtft Xf.e..., A--- • ' * •29 Jd/4:_. 4%, ,Z9,1124/..ezi, • 6/G 5' ,--22-0-- si, ____ _ -..-.-5. ----1 3 0. El ptv.)./t a Li,;,,,,,Ax---,-, 6/6 S. 9,:c----- -v) 1 • • 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-� 4,.�. • f `712q. / L-k-- /0 q //0 S• 5, %e?ir ti %d�1 -_ 5 `::-,�%� , . /F/oY 17G /r / ,Jez eeac '7. 4 Ka s ,.f i. e• i!�7 7 S f ( � v` n e.e•f-: it, t _--- 8. , / t fl_eL_ce as 9 .� _ 'Z - a c-�:.� w�_._. / co/ //O q a 4� ,- .i? 37 _____, , to cP_ ..-. , __5 -t_,.2.44_, _._e__- _'./;_,.e__.,&ff4.4-47:‘ - - 11./ 6---v,,-,X 7.;,,-/----0 -; /0 q ,4./__ 7 i2 : 0 � 13.. .:✓, 6/ � r jf P/ sic ," , f G•- / Jr,t ., 1'4. Q/ 7s iii,(//r / a V.J S_4 / EO )`'/. /!e'1)70-:a . 13. W /4 4 /AAl F lAlo !. lJ F i T /, „2 -,/o F 17:4-4M'> t'', , jr,--- / 16. 2-00/ j____: U • / 8i L / J 0`e( .56. i�� on 17 - . _ �,._ /" ,G q 2 56 - 18. ;/ - �ii" _! • ,,i•"7 i /. -i_ / 3 __ -Z. .- 'e.i2 ----------- . r �/ r 19. 1 �. /� .`0 E a)4 a 1 D L. 1 -' ✓'t I 20. a, ,e01L/ J—A/f►/t-Ji /! ?oe,�' /6 e S 6 , et', -✓ _ 21. )xL& 14,-i7 -- ---.-/_$_ctJ_ =/D-ems*_G e_j—C ,_.: rC )-`L 22. ✓✓.,-L-ve / g-�GY s.S /4 A' S ,---: , .Pig ,,__-____.. ) . ,z-e,..) fog- - / di "Giza ea . it'bri _.L..) • 24. 0/ 6/. , -`�- . `! • 790 D,.; •- /0? /` = �Q- �%t`��z------- 1:11 2 5. ,� I car: , d?-2-7 - !U? ,4 . /_`_ ,,1 __....._..._- ._.. 26. v fril � /7 /0 i/ G &rl i r-; 28 • ,j) �"� 1 /VW) /6.6 C �.i�, / / — - - - - • , 30!. \)e..0-V .,.. \qi OS k t0 co C`c•.. ESL. e,,-_ ,-r .-- `0 _ • 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. - _ 3 J1 . , :1 `. ✓4, ,?7,1-� , ./ it A _- -. • 6. ir 0 ' 14 7e)/ rea_ a)1,-.4.. 8. 404-47l Cam+.-Z /0IA/ Lth.136,- A m / GUN- — 9. .i;4' i 2Q1—/'�-'/ - --- - 10. /';� , - - /' - L oQ( .1"----- e-7 12._,.- , / rfi 36 -. pz&__ki2u. ./..i41:› >>1 .. EN 7-TOAl _ 0: 13 _ �a � i , 3' 3D G/21.).✓.► ! ✓/ Ai & -- L.) L-l/z� • _ 14. / . rI ../.I� /.:- `3'7-® 1 P 7' ' .. 15 . --�� I i ' / // U 3 - /e4 J7 /1/ ,7,s, 'I 1 _ - - �, J oa a, A d�.5`.7r.� Ph ron z 7400.,! 17 �.�« / A: -= 'O2 A,/ 3 5-71 • v, 18. e " fd f M a I QV . RE-mrYtKI_Vm.N_ _ .. 2 0. O,, I;),t;z�melen. /CEO . N. 3.;- ,( - 21. k�(/i/iii��. .r;.//. 6. f'' -533; P vao - -1 . 7 /JJ. J• 22 i r7 ,a y0 23. C LZ.4,,c. 4- ` s;`l` `j/43 'A ?7 -..,> lek. . 1 242 ,rzt 3 7-z Z ,UC �./-1 LIA-1`e. - "- r-We-,"2-4- • - , 2 5. '' • 26- ...e..,e_et, .• -'7 ,.wi /// 3 ,- / 1 27. �O' --yL/ '_%e-'!i - ° 2_Z,, jt- 29 ' 3 7 A-U G - -°-`-'�/_/ � ' 30 X�ii���i 3-7,2,0 elf G[ • •�- ice. //:_ r .._ ck.: : •. •. ,,„, , • . ,;,;;:. , . . . . , . ..... .. , , i: . u•• . 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 , 6 . ..1. ) . : ,, .,7-,,,_,7r-j e...A c 4.,,z ____,,"fhze ' /..e.i4 „Ti..„_,a--.,,,,J, __,J,, , ,;._e.,_,,e_,_,,_ . 7.1 . -7) )4G1,-,a/L--,_. . . / TO r 17,1r-tit_. _ . ______„ .41.7.N ' 8 '' /ice-- /L0 '� ;_ --- 9. _ __/223 -- - .' 11' ik- ) Y7A-6U r 14.1---4.eta ,/‘_c20' / /.... q- _,IA-1_/_tfai .Z.2._-0 . Ukk)p_ 12*.,"tri. '7./C-4„..?,.-€..d 4e-ii--/-17-L'. //2.1___ST-S - . 13. / 4./..b_l /..1()) , OL;•?M'i44' ' Uric- -) 1 , ' ' C -4.5±C,ii2)11//#: 14. 7,p_.(W4.4e_.:71,4. • • /(0/6 - ,eit(—:e7 - te/e /rniao_ka.7- 16. r (. /0 - �' / off 1 .L_J t' .% / I 2, -�— /ld - ^9 �^ •/ L • J2r- 54-0 --:- y---____i_e .._.. ..,,,_.7ce ____:_----c.4...i___e_i__,._,_. 21. _--• L-b-< e, az et-_- `{" C' _I377---/- :7-.#--- 7`751i-------- 22 -Ze. #frm 6-4 - ---•- am— •�,• < -e €. _ 23. !"?�i_ tee,-- / 6. ,__. , .s d a /,f /7 ,411.4-y)...;a 0.2___---42_,& ___ _.„..../....._..... __ . ' 26 , '' pit d./,,,>, . ,____,_,„ 09 ,, -47,1_,-1-fc' .. 27 . l /vvLQxiG1-Ca /C/6 7/4-/ i G7i`t'. -'_- t�4_1 C...,. 28 4 '') , •i_ „.„..4.,. (, t ---: 9,4, - 29 /- / -_, -cL1 5 '- - - = ' --_, 310 c ,.. e ' . i (o 2S )2164,4:2 G2-‘,..2 ' L ID: • • ; 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/ 5- /11/11 7. ) YA.41.0 9. ) � _-- —Ct- - - -= 10. `( '! ! 16. . _ �Z e__z,419,0z Au, - 6r , 18 4AgAC - _ .... 20. • • 21. — - --- -- 22 . 23. 24. -- 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. air M -gE4/7-6TtI - 2 ' " 4. SOS / f j `/� , ► .-_.. 'o - /`/ i�' '�� 13 'Uj4 V/ • _co 2 c n-, L V -4- - 15. (( I c‘. t 16. 14).0-64, 17. • 18. 19. 20 . . 21. 22 . 23. 24. -t - -- 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!! 7 . , � o - P 5 , • 7. ChiJo. ,�t .10 f Wiz. • �..{.1r�-�_______ 9 )r-1,77 0L, � /i • /g1l ____M GAL --=- / Oak( 11. — - --- : 12. -- - --- 13. • - 14. 15. 16. 17. ' 18. 19. —. 20 . 21. �_ - --- -- - -- - 2 2. 23. 2 4. 25. 26. 27. 28. • 2.9. . - 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 �p f 4. ``�°11�t'/A/e6 ce'� -- --- 24 U� siw</r caP "dc° (kJ. ic 0'11°6_ , (.4- ge rraf\I 6 . 8. 9. 10. 11. 12. -- - 13. 14. 15. 16. 17. 18. • 19. 20 - 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.._____) . - rit(74&1‘41/21444* 8. ---_---/. d..LQZ Gtc,L- -,-�, - - '-0 9 to• �. e f ©6 2 Svl d'7 . _. _ ..-- ll. irave.K . _ . 13. �^ /8�/S- /0 7` /� S� / - —_._. 14. ` .,�,r, /Pf3/ )1 '. /,/. L 15. (0( /0 se 7 f/ . ` ___________ 16 /0 e- ® GS F-' t 9/ 7?Pic ►___ 17. k7 18. a� /6 1 �T 3 — l D�'�' •--- �� s - 19 \ c\va a` O� -\ --_ 20. .� ( GOAD / b� 4S // ' ---- - - 21. ems. --�5 ,j o7/0 4�l 6'-;'y"G - ---- ---____- 23. l(A-272C--- ]bk ��.. .. ° /0N-(e/ L 24. cA i 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 o -� 4. Q� %v 6 p� `��U?�CL,cJ C ,. ..__.. _/ 1. Alp Poirrtz 8. 9 . 10. . • 11. �.. --- 12. -- — 13. �. 14. 15 . 16. 17. 18. 19. --. 20. 21. 22 . -- -- ------ 23. . 24. --- 25. 26. 27. 28. - 2.9, -- • • 30.. . • g..x4-7y 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 J W J ora` !G26 f 1974 ) ,...:-.---= Os`' .„..._______,,, ar .. L r 7,,,,.....L ax.....,Z-----'1 OcesedLA....4_,,e___.4.....e..._ /` 11(6��' �o 7) •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 • ...'..: * : •• • • • •t. - • " /c, di iffri; \411 & V . ... uLDIfi 4 7 4 .. . N 1 . ii .', Renton City Council ,- '. ' • Renton , .E3 dn. inc'ton 9:.• . . -..:-... • . 6 • 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 +• J / /4..i �. `c GPI�✓' I I w i/ i'; p� •r 'l,+/ �c.T 'ate-` •^ rid/4il/ ? 1 - (-( 1 y 1 ,07 s ' 7 VJ `,-\ „; .t, 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. s b 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 • . r . • r . . 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. • 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 ..��rC F�0f�fc � 7i � �) 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 • • is1 o f T R `r! CC/Y k- 1 .' '.- ;'-' , ,.,6-c,,;--,.---, A -.N.v• ,•_ ,-/-, . /-/ I`1 i i • bEGINNING OF FILE i i' i 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 i qJ7 / _ - - 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 urn/q MAC- At• /7/ CC �/� / JA-11 4 g}r/7' 6°6 /D 61 4:e_cL__ ? g / / / / q ‘ 6o tiJ(.; i _4 < cxee A (2(7 1 e ; • 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 . 'itvE1x)pMersrr iiiiiii . . • Ht.IaCr • z (uUNIMUM ;'1 . w eftoP .. • ,,.. . 2•I gyp% l - i74kTi . RuIHT-cf-w/"'t CITY OF RENTON . . PLANNING DEPARTMENT_ Figure 4-734.5-1(b) LANDSCAPED BERM AND OPAQUE SCREEN ----------------- ................................................... ................................:::::: NW4MUM .................................................. HEI r :: CIJf5r Liagrlot4aF :..: .....: ...... ...: C-r t At '/ aP"a`e... 5N• 2`Mu4iMUM' i c' i. , , . ............................................ • . ................. iti:jrkerr ARMFrAZ cs'N tC6e. of • R�ttT-aF-WA'( v��ED .d�cI CITY Of RENTON PLANNING DEPARTMENT Figure 4-734.5-1(c) LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN ......._... .i: SPA :::a ...: NEI6Kr - ..................................... ........ canf of - ?lT`f ANDf 41 GFSSAZ dacJKtN 2 MINIMUM ' . . . • T .l 2�I 'i • niNtAiNfo VJAw U*44- R1(dtr- wPY 1J1( D "ttti[ • - CITY Of RENTON ` PLANNING DEPARTMENT . . •• - Figure 4-734.5-1(d) • , . . _ _ OPAQUE SCREEN WITH LANDSCAPING - __ . ,...,.,...,.,.,.. ................., . ................ ,..._ . ..............., ..............,.., iiMiH:iiiiH: :: iH ...--_-----------__ .....--.....--.....---_-_"— . .....--_------_--_--- HT:Hi . iiil KAttiMUM . . • .iiiiii::Wict- iii::ii tiegofr • . 40' • .. .............................................. .............................................. . ............................................... , . ............................................... . . . ............................................... ----------------------- - . . ............................................... ............................................... . . ............................................... ............................................... ---------------- .............................................. .............................................. •••••-••••••—•—••••--------- .............................................. ,. : LI . .............................................. • c.,.,, . s .......................................................................................... , ............................................ i ........................................... ---------------- .,.... .:„...........................................„ c. ,..„ . ::::::::::::::::::::::::::::::::::::::::•.: ,s ) F. ............................................ ••••••••••••••••••••••••••••••••••••••••...• .„ ..- .....................:::::: :::.................. .. ... , — , :: ., ...s : : .. 7 Y , -.....7...=...........=.........2...........7:::: ' ... :..--- .. s' "—• , '-.` ',, : . • • ItimmlITC.c. —..----------..— ...-",.:.-::.„ ...y.... .2:::"---. .. ..i-:12.,,4.,•!..;..;:,. , AMVIC1/41. egf-LYKIT.I. fatiC4-' 1044T-tom or Aripiplk ellzat R,Muttcr.P 4cikten . tsx..4..cT ... el..ff.r.ri • MK-c -WI • . . , tralIkEP 44-1:7ACt- . • • CITY OF RENTON • PLANNING DEPARTMEI4 • Figure 4-734.5-1(e) LANDSCAPED BERM WITH BARRIER AND OPAQUE SCREEN ................................................... . ................................................... .................---.......................--- ................................................... ................................................... . ................................................... ------------......................-......... ................................................... ................................................... ........::::::............::::::::::::::::::::::::: ........... ...... HEtE#i(' • , OU1E2M05T OGA� O c t21 TI N or oU FENGS AhirVoie. • • A..Z: I • libuiefiZEET . ----------------- VA . St3A¢�2iF�i2 °t � Z. - loo FEET. .To • • : Roar-°F-v49 uFc 2y E flu rto c • 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- • • Figure 4-734.5-1(a). • . . ,LANDSCAPED BERM - . (VIpa.IMUM Hrl- I MINIMUM i .tit 241 \\ ilt agt5, • , " . 1 -111114 • . of CITY OF RENTON PLANNING DEPARTMENT • s. • Figure 4-734.5-1(b) . LANDSCAPED BERM •AND OPAQUE SCREEN MpKIMUM HEtorr 4b' I TIoN aF ITT iveNct 2`Mltl►MUM WI:7 - �; 2:l svlt �.- `z; sts� SiRE�(' _Itam RKGttT-df-wgi CITY Of RENTON PLANNING DEPARTMENT Figure 4-734.5-1(c) LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN • SPA :.............................................::: MAXIMUM ....:............:.....................::: 40' cureWc4T 1,046:11014 of darxicrf 2 MOMum Tom- I 2.I x,cpE 1.4gTAKINC, 'ARe . tlimmir ickGt[r-Gf Albq - OW __ CITY OF RENTON PLANNING DEPARTMENT Figure 4-734.5-1(d) r OPAQUE SCREEN WITH LANDSCAPING ' • • .. _ • Ap+ • • • . ,? <------------------- 1' :; • ,'S c,� ; . t,o�,Tiocr or ���WID/KoTY fac•VGE • • Ru► DR 5 --.;*. .,, .- • itimpliZtT nu.or • • • CITY OF RENTON • PUNNING DEPARTMENT Figure 4-734.5-1(e) LANDSCAPED BERM WITH BARRIER AND OPAQUE SCREEN • --------------------- ---------------------- :::€:spthCe • MPaVMUM HEIt#it • °O oUT MOST L CA IoN p T F SEGU21y rENGS ANID/012. Ofac1QUE. SG2E.v1.1 7 1. ------------------- cJL.or.e... jtiniznzegr S� i Val- Of �— goo re- •i To RK,ttt-- -v41 UFG 2 kE. uHrtD owrl+Gt l CITY OF RENTON PLANNING DEPARTMENT II y - • 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 26' 27 28 29 30 31 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 8 9 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 Figure 4-734.5-1(a) LANDSCAPED BERM ........................................................ ......................................................... ......................................................... ........................................................ ......................................................... .......................................................... ......................................................... .......................................................... ......................................................... MPXIMUM CD' MNIMOM I ;i Wa7pi cf TAP ,.. , 2i f 2� I P ....................................................... i �:.,.-. :`.., STRUT iti cF tteizrAlitMA of RtcHT—cF CITY OF RENTON G7 • PLANNING DEPARTMENT Figure 4-734.5-1(b)• . LANDSCAPED BERM AND OPAQUE SCREEN • ................................................... ................................................... ................................................... ................................................... ................................................... ................................................... ................................................... • ................................................... ................................................... .................................................... .................................................... MWVMuM ................................................ ' crr Fetice asvojoR `-e. SCAN • b MAIMUM wIa�u T. of ToP 1 me r RK011T"-6F-W9 • . - FuttD [aAOk 1 • 30 • CITY OF RENTON _ PLANNING DEPARTMENT • G) Figure 4-734.5-1(c) LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN a. .............................................. .............................................. .............................................. Vevactivat4i-i!!! \ • .............................................. .............................................. .............................................. ............................................... ................................................... HEtkrr 4D' • t-ap. ate► o It diAtt.14 V lo' MlN►MUM l� vJCrTN°FTop 1.4 r , ttIwr- -V P``t oFg) `,T- — 73 • CITY OF RENTON PLANNING DEPARTMENT Figure 4-734.5-1(d) . • OPAQUE SCREEN WITH LANDSCAPING -------------- Xt LaM " 40 I --------------------- -f . • r CO i A YE - tTi t= E �A,Ttot k of aktkr,p \ - /nR orAzzot it e.11 , fi cf-vim'( . imzkylkep 7, < . 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 9 10 11 12 13 ' 14 15 16 . 17 12 19 20 21 22 23 24 25 26 27 28 29 30 31 . 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. 20 21 22 23 24 25 26 27 28 29 30 31 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 - 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 . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 25 29 30 31 32 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 • -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 27 28 29 30 31 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 • ' 24 ' 26 26 27 28 • 29 , 30 31 ' 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 . 28 29 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 . 23 24 25 26 27 28 29 30 31 32 CITY OF RENTON PLANNING DEPARTMENT . -w • • • • -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 14 15 16 17 18 19 20 21 22 23 24 2: 26 27 - 28 , 29 30 31 . 32 CITY OF RENTON PLANNING DEPARTMENT • - 31- Rev . G • • 1 . 2 3 • • 5 , 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 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. 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 26 27 26 29 30 31 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 • - 26 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 14 - 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 21 22 23 - 24 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 18 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 25 ' 26 27 ' 28 29 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 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 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 8 9 0 0 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 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 22 : 23 24 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 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 27' 28 29, 30 31 32 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 27 ' 28 29 ' ' 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 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 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 21 22 . 23 24 25 26 . 27 28 29 30 31 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 . 7 8 9 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 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 24 25 26 • 27 28 29 30 • 31 • 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 Tr6wi5B izt 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 ) . 8 9 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 4 v _ - 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 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 - 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 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. 20 21 22 23 24 25 26 27 28 29 30 31 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 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 30 31 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 . 9 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 -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 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 . 26 27 28 29 30 31 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 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 . • -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 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 . 31 32 CITY OF RENTON Rev . D -23- • 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 . 23 24 25 26 27 • • 28 29 , • 30 31 32 CITY OF RENTON • -24- 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 . 28 29 • 30 31 32 • 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 • 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 . 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 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 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 . 4 5 6 7 8. 9 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 • Figure 4-734. 5-1(a) LANDSCAPED BERM ........ ..............................:........ ................................................. ................................................. ................................................. ................................................. .................................................. .................................................. .................................................. .................................................. .................................................. •---...--.................---................ ................................................... ................................................... wCIMUM 4c 1 I , INIMOM . (o�M �:-1,1:.::'''' :i ill :,u Z iAl ..', ,,. c, IKIMFS14.- sxce.. a.1-- woe- °F aF Rtc -of�W�'S CITY OF RENTON GI PLANNING DEPARTMENT • • Figure 4-734.5-1(b) LANDSCAPED BERM AND OPAQUE SCREEN .................................................... • • 4O'ff alreFteibr e=f o, C-c FEWe araL '/ b'N►►rIIMUNn wV111 Of TOP • `• • ' '" ............................................ 2=t Z -% ' . MEET • CITY OF RENTON PLANNING DEPARTMENT G7 • Figure 4-734.5-1(c) LANDSCAPED BERM WITH RETAINING WALL AND OPAQUE SCREEN • .. \ MAXIMUM tiEl6lir T I,cr.Apok-A or c� C ��toJoR :::::::::::::::::: ::::::::::::::::::::::::::::: e c - dc4 a d b' MlN%MUM I I. 1= Tom+- . 2i twimilk71M6r , • l RIC r-or-wuri 70 . < CITY OF RENTON • PLANNING DEPARTMENT c) , Figure 4-734.5-1(d) • - OPAQUE SCREEN WITH LANDSCAPING Xl U `:r - °° 1• •-- ; - s- )c.V S I•s•> ..t f'l s LAYA Pot\ o f A iPioR orPQue n .IC.ece. p 1K1 cf-vimI tr 3vik ICE • 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 ) . 8 9 10 11 12 13 14 15 ' 16 17 16 19 20 21 22k 23 24 25 26 27 26 29 30 31 32 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. 20 21 22 23 24 25 26 27 28 29 30 31 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 30 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 . - 9 - 10 11 12 13 14 15 - - 16 17 18 19 20 21 22 23 V V 24 25 ' 26 27 28 29 30 31 32 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 27 28 29 30 31 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 2 , 23 • 26 27 28 • 29 30 31 32 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 29 30 31 32 • 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�- ........................................................... .......:......:....:.............:....................... (p'MINIMUM 1al 21 f e- iltimelltee.T eD►Ce. D.I. 4cie- cf Vrczt ®F — —_- __ gy p Rtc `-®F�wP*.. 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,. H'N(, -y v: pz 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, ....... ::::::: .................... • • . ......... ................ ........................................................ .... ................. . ...................................................... .................::::::::::::::::::::::„,„„,„,,„::::: tV (IMOM ..........................H:.:.i :: k (p'MLN1MOM _fi � t } I ................. ......................................... .....................:: . . .::::::......... 2 I.g tip.. x. t� ~i•a2.°I J _• T .:; L ,, c,,ite40,1 . 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� cPage. scueN NittsaNitim wt w ............................................. 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 . . . _ . • . . . . . . . . • . • . :.::::-:: :::::::::::.::::::::-.::: ::::::::::•::. : . • • . . _.. . . . . i . . . . , ,.:-...::::.:::..:;:Cale•-cFmr-l'-i ::: - . - . . • - • ::i::::..Iir:::::i.i.:::-.1,r‘t_ . :.:: :: , . • . • . _ - ::::.:.:::::i::::...„ • . . -.::.;:::::::::-::•:::...• , '1::.:i'.1.;:.;.::::::: ' I- • , . L . i . . . . . - . • . . ......1.....'::.:-.•:..• • ..• •:. •- .: :-:.::::.,:: :::: : milacitNnik . - ...• - . _ . . . . 1 . - • . .. _IN . . .-_:.;,.:.::::..".. ..i.::;.•:.:: :-. : :• .:. :-... .. zb I ' , 1 ,.• • . ;. . . 1; . .. ..... ... ; _ . . . . • cn*mmumuivk Top : .: ,cf.---„,... -,.: . . • • . . ,--4-;•=. -.1''i t ...*:•:-:'-.. •• .. . 1 . . . . _., ...-' ... . • • '"''' '''f; .•: • . . , •• -..y•c'....;.:, -.,!,,,,. . : . I 11..of . . , . ; -••-.,..,:.; . -- . i . . . .. . . I . ... . • isItteeT • . . ---,-4, k • . . • . • - . :______ I . , . .. . I 1 , I . i ,uarts444.4..... .is‘ve, _ i OCIt*.INI...`SitVe.- . . 1. . . . T=fly\. . cp itr-ye.mt . . . . . • . 1 . . }. • i . . • . Ira5e of 1 . - • . . . - ' 1 tkOrt-cf-u9.-I . . . ‘ . .. . . . . . . . .•. • • •• . . . m , . . • . cry. Of RENTON . . PLANNING DEPARTMENT - CV . . . . . . . . , FIGURE 4-734. 5- 1 ( b) LANDSCAPED BERM AND OPAQUE SCREEN spa N4CI1/4.", Hetedr- • . ... . • 4� cu ft war 1.0g0 1 . 6'MIr11Mt ►TCP • j t° w rrAtm 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! dVafti . ........ .. ...... ... ... . ... . 1 4'f Cif i • 7J CITY OF U JTON PLANNING DEPARTMENN • • O FIGURE 4-734. 5-1 (d) ' . . • OPAQUE SCREEN WITH LANDSCAPING . .. ..........••••••..................... • ....................................... , . . . :,„,,,,, . ,„„, 40. , . . . „: . .......................................... .. . . . .................................... ......... . . ............. . . . . ................•........,„•.:::::::„.„......... . . , . . . . . ........................ . .... . .............. ...... .............. . .:: ..•.... ........................ .. .. . .... ................................. . . 1 . . ::::":„,:::::::„,::::::„„,:„„„,„„,, . . : .___________ __ _ . , • ..." •.:.:.......::::::.::,..::::::.::::::::::• ., tielotir • . • i . ................... ...................... . ......... ............................ ... _ ....... ...... ..................... ................... . ................. .... .. . .:r .. ..•..........:„..,,„:„„„„„„,„,„,:. . -.:tlit . % _ • -,.:., - . 1.t c"` ',lc .• :�..,. . _f';�T.? ...ft *_ .t,c ,`'.''� . `` r� ,,`'7 r � ."\ •1.ice I: 1-4 ', -'',....--):`I ' 't' '31ilt, .':'=" '4:e4.1'...:"ii: - itiii:a4411:r.eT , . • •' ...... � •• �. . ✓i � -.. .� _ - ♦.' ... Y t ."'. .i U'rt�• -ter''•._ .. .. alt_�4 Y.•:J 1 • 1 _ • • • < •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 . . . . . . . . . , . _ , • . . . , . . . ,. . . • . . . , . . , , . • . . , . . . . , • . • . • . , , . . • `'....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. 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CO 1 1 t ` 6 r I I 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 • f I , • 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 / � _ __ - - - ------- !r/// ' - '1_____ _-__ - 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 t t"r ,." \si.....,..J1.-4 :A__ ,,,,,,,_,, , ,H ....--r ,,,,, , .„.., , _id. _LI: , Q____:_,_„• ._ .. ,/ - '.',) ), .--., ,_ ,,_ . 3= j IU Q, ._1..t,NRV M__EADER DO TIOh _CLAIM — _ --.. '--— -"---" _. .--___ I DIY - '- '_.I • - JJ W —7I — _ALL __ — a • uu _ _DI I — I • i Q o - - T. \ ,...,Or.i_ 1. . . _ ._, __ _ - : 2 7, . .. a i !-)ER UotJ LaT,VN C..41�1 NO 4� L— I , f I I 1 ,. ,\\.%. SHELL OIL COMPANY: SPECIAL PERMIT I F . \ ' + __ ____ __ I' • . G . — — : ., ,, M p —_ „__: E0. _ _—� -__ _I _- .._ _ 47.I7 I'; -- - - •B i9 LO•2, , C S Ca i LS 26 Lb 19 )•, i r-- 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. . t� , :S 4 / I- - 4- II ��I ii..1'1-,. I,y J � -I r'I,J_1 ` .f • 1 I ! •a--.. - .�iii I -1 �fl' I :1 „; a �3 • .� _ - - !{ 1.-7 NRY MEADER 0915-1 TIOh _ -- -------- --------'--- -- 1 i In �' u IL 1 rr rI _ La - uJ - -_ x :Q Wp 0 I a l -.. w ] - r - _ - i \7,7____.*o_:31_ _____T ._:___,;: L I 2 f _ , ,. . i. . • n D. 1 LI OONATIVN C: .1N NO 4 I. 1.® I I I 1 1 , �:I I 1 4 _ i_ IF , -, 1 \ I i, I SHELL OIL COMPANY: f i � SPECIAL PERMIT I 1 __ I is -- --- — — -- — = �' - -_ _ — — =_ 1-___ -n--'-_ ----- i 1 ,- G P .-..._— 7F +TEO. -_L�.. ..-. ___— __I� fy 1 ;.1 1 • I .a I .) I ,a 1 ,1 I y - 7 T f '�Q� 1 I--I I r l • L 1 — $ ««I '-- _ . - -- I i.. ---� �•_�—}_������ --� S c 1 ,] I 'B 19 CO Z. 12)'LI L5 2�, !B L9 )l 3� Q I i 1 1 1 I- 1 -'1 I _'" 1 T .1 I I L14 . r� 1 c 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 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. , 1 , i -a= .^ 1 I ' _ HENRY MEANDER D013. TIOh LAM — \ -- - - -- �7 - 7 ItrI — � __ALL/ Li ci Z J 0 G _- � ._. - l_. f1.ii 0 i. (• ff • • Q T. i V. .r I i i,\' ... s .. . I n • n.ER DONATIUAI C._AI^1�4" I I I \ . ' r' Pr .......17 i — - -- • SHELL OIL COMPANY: I ;- - ` -- SPECIAL PERMIT j -_ iI I 1 -- is -- ---- -- -- -- — -- — 1 -- - • I f-- - G � p M n • � Jrw y ----------• ----% 9 n 11j93 920 2, 1"2)"t. 15 2�i 18 19 .)Ojai • •.. I J , I 'i I --1-1 ' 1 •'1 •- I .r T i- I 17 I , 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. i' G_ I _` II4A ----tlilt - " :77 Y ���h - �� � � Imo+ I � ' ; ;- z . 37 --2- 0 T i W 1�TH �T HENRY MEADER DO�1 TIOT CLAIM �!' , - - --'" - - - ---- it� — --!1. ,- U , 11 G .._. - .. L1-1 J -.._a a r 0 . us r_ lD s 4 l - - '__1 -- .� - - ..:_ -:-- LI kX' Y ME DER DONAT IUN C.41+, NO 4� �_��� `�I L • . \\: din w . SHELL OIL COMPANY: . - I — ' SPECIAL PERMIT I -_ + • • ill 1 • + G . 1 ., mincip , 1 Jr, __, __ 1 _ _j_ • ,--- - .:,/ — 1,1L1 5 •I •B 19 LO Z. : 1) L4 LS 26 tB L9 )1 !• F 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. 4 1, . F v. L- i ..._•...«..._._ } : II:.-ter_, -_-.-r.-t_e-c-...:•.,.ax.. = • ,WI— I y - -'... -... "�...•. ��,I..1. �_ ,! Y 1 I I __ L _ W R a I _ __ �- W� 1J 4 ."15Q , T , -I I ---ti _'1W1- -1 -11Q'- --1 )�-_ Q --- li _- I---t. I-_�_ lQl- J - Vi--�- I HENRY HEADER 0011.1 TION CLAIM n��:- -- g y,/, Ic.?n1 ST 1 - W J (l�V�-'7 7 I\ — i7 J\ U __. _= - Q . I i n ER - _ !! , ,‘.,ci, .1- , _ „L. L I /// ..- ' ----Q . . -10 '71 _ a. DONATIOnJ Cl_AIS, NO � 4� @ L_ I \ I d 41 - . , . 1 • s ; SHELL OIL COMPANY: $ - - - ; I SPECIAL PERMIT f r 1 1 1 ; , t + I P . . -- '- _. : DV�i , . _i__ _ -, T.,:::- -: .7 • t �! I 12 �1 I �C �... c , t 1 I I { T I. 1 1 5 . ! ii 1 1I1 .8 19 20 211 12) L4I 25 24,:'I LB L.; ___1,1.4, I- _.. - .1.. .I. 1 I. 1 [.."' � . •�ICAC i]1I - I '' - /' 7 1 T 1 Ir T I T-I I I . I 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) I 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 S the quantity and quality of these types of facilities in the City t of Renton. • An environmental impact statement has been submitted and should be reviewed prior to granting of a special permit. ::.: S ; • -: _�� 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 "1- ,a.e_ 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 i, :..'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 --.17-•;,"•.tiAiy,•,•,4:3...,mir,,,44;';.:7•10.,;1',-''"1•:•-•'",:"'4'1,4' .*• ,,„,-:..,.,:.,.-,,:••.;•, I, ,,,,,,,,,;,•,,•••:-....,,,,,,;." ,,""`. 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',',...):..t.,. ...-..t,;,[ .,,, . ;„; ,,I.,..,..,!,f.ci,,,,,,i...., ..• • ' ‘,.,4,,r,pi..,.iz..,,,,,,,i,:;4.y,:,,,i.g..-,.'-.,T, ..:•,./...,?',1...,?,"4,ii, eattl.,'derioses.and says that .. '.'.•• has n,for,;:,,2,,,.....,,•-, ,......-,..,•,....!.:,-,;,...2.,:,,,‘..-.,,i,.,--,,I.-,,,,..,,i c,,,0,-„,',..,,,,..,,,„.• -1,,..ej,....,,A.,,agi....-,,i'- ',i'.".“-•....1-1.,';•xli.N'',••,0'..:,''''''','-'•:' ',',..',,i-ifii,:j••,',4;:i!-.••..;cTRE,,RENToist,RECORD-C1,1110NICLE, a tri•yeekly newspaper. That,'');.,N'-','-,,.1''Y4'.'„'.7-...f,..-....''...`;•,?.'..„,„•',„-'i,,•;f,,,,1'.2;,--,11:,-,,,i,.,,,.,,...„..,.,,,.....,......0), . ,,,,, ,),_4;.i2..,-,,,,w;:,,,,,,I.. .,...,,,i,,,,,,,„!,,,,i,,,,,,,:,....,,, -,. -, ,- ,-,.,-sd,newspaper,is.a legal newspaper and it is , six months prior to the 2date. of publication referred.'t°,,,','„i,.',i'.,.',-..,•,•..„;-;,,',,,•,,;-,,:;!..,i'..,'.(-,4'.''„..=• ' ,,`,,'..i,;',,„,,, ,,, ; ,,,•,.,•`1;, ,.. .., , ,;,,,...,,,,A'-,•„..[-.,,i1,2.,•,'.'„'i,,,,,,,...-',..:,-,:.,,,,''• l',.:.:',•')-,;1';'-'c'1','-'4;''''','more -thanf' -:,,;•.,"..,-,1`-s,AW.',.,'"!,,i; printed4 '' - . • ' ' •••King County, Washington, and it. , . ., " 1:r''' ' '.and.published in.the English language Continually asi.sai.ltor:v-,r„,i.,..... .,,,,,:,:::, i.,....'..."......•Ncrricr.OF PUBLIC .— ,„.......r,,,,..„:',,,,!t4,,,,..•,..!,,,,v,:.:g-, ,,,.......,...,,i weekly hewspaper in Renton,- ; is i N .;atilla44,;,,,',.,-1,40 a--,-- , :,,,k,,r.,.1,V„i•:;';`1,,BYLUND V:.WIK., -':''''.:":fi' '''''n;;''':;::::.:1. .;-4E.A''''''''')Ri N'6'''se,I,W,-,:-P'''R'..0-'4iiii,'::';';:,.:0'.';',-- P1 ,6:1,91'1, 1.',"i?.;',',' Renton .,.:,•0,. ..,. - . of said newspaper. That: the . ,,.. :%!1•••-....'4,'!.,'"..`.1'•,„'",'..,,•:,'-'''....enii;during;al .of Said time„was printed'.iii.,an office maintained'nt,the..:, ,.,,,,. :.,,,,„:,„-',„,RENTON, N• ';;',:!1€••,,t '' ' -Ali Y',-RENTOW.. G WILL BE,q•••••r,red...,,,,-,4- • -.- ',, t::",'...',..'.;i'.i.1,1,;,.:. .,,.'„...,aforeaqid place of publication order of ...,:•.' ,'A,PUBLIC HEARING RENTON PLANNINGLOMM. .§9,..,,.,,.. I- EGo:;...,„pueop•IED:JANUARY.l.pri..?i,,1„,!,-„,a itpublished 'to-wit, King' ,Record-Chronicle has been approved as legal newspaper by : ' •Superior' Court. of the, County.in.which is ,.:':., .,1:1'''''''4'''''''i• , ' . . . .. .,... . .., „..,,-.,,,-,....: , ..... .. , ..-,, ,- ..,. , S UNCIL,'''t.irg'''. ;..-;:.,,,/, cgliTi CERTIFICATION .: . .!'-‘ti4.' ..:.,',,'.'1,':,P.7 :',•.LAR,MEETING,IN THE:;-00 ' toN'•1'.'.,,l.l,*,,'iiidhael,'...,1_•(.'it,:.,Snittli)',.-'-f-IER_ElY,,,,., ;•...''. .:`',,..";•,,',-k'''.,":,.• '.QouriV,.;/J;:,.:;:i-1:-..L,..,1,,.:•,,--,,:,.;..-:;,,,::::....r,.•;.,,...,..k :,..,-;. • HELD BY THE, '''''- l'ublta hear...2.14g 1.0 s.'•.,'•,,...-'•••-,;,...:.:-.CHAMBERS; CITY.'.HALL tki.',:;,-LAII--'-j,./..•g"+1.-. ,,,PLANNING COMMISSION._;.;_...„,4,,,,,,,„ WERE ,1"1,1'.-0,-J'' ,•,' ,,' '' - ' • id is a ."•- •• ''''''''''''''.'''••":,.'''',:.' NING COMMISSION R:t..,ANTIij: ABOVE DOCUMENT t";.,•....i.4 l'''''''' "" Washington.That the.artileX- c ,,,,,,, ,.,..,...,,J,,,!!...g.....)...,.-.....,..:-....:i...; .....--, :,..,t, 197 • M'TO CONSIDER...00 P ., THREE Cu - :. 5" l.:'POSTED BY.•,'ME IN THR , .„ PETITIONS;:::''`L-7''''' • ''' ''' .' .neTHE PRQR..,"..'.1) .;.,J;,,..:.,,,..,,:pv..y,,,,.0,,,,.1,..•• ., ,,.,....-..!..;,.,...t.,,,,,,•,;.,):; ...,,,:;,.„.......,„:„.:,,....,,.,,,,....4,,r,,..,i.r,...,,,,:.„,.',., .,,,,,,.',..'t,- i,.i;;,..:,,.. THE;'';'1.• •FOLLOWING PERMIT.'i'.TO:CON ,-"iSPICUOU,S-PLACES‘ci,, `''''''';','-',"'''',1',:,';','petitiontr.-:.'..rv.,,:.'.','.-,,,', ; ,, .i,• L. ."„:.,'...,'.5,,,,,,,1,,',3,,;,,,',,,I',';,!,, •'I.'SPECIAL ON JANURAr.RY23,,i',,.....-iiCTHERETIFY,_THAT,,THREE'COPIES OF ,'MARKET-''' 1,,F,•:'..,:',:>',.,6,-'-i',•".'4.1 ',"!:'-,':-.(-.'•.-......4-......-...., ..t. : . ,, -...,,‘,,,.,'',.11,1,+'','I''''''.1i-,.•L'11,:!,.1`kf... ,", ;:.,V!.•:'.:P',Y.';',,''.'.STRUCT,A.PETROLEUM. •ZONE,.,file„„PRESCRIBE!).By,LAW.,„,,,-1,,,,.,';',',,Smith-R v... :g."4.tri .''A.'s' t ,.....!.!,'it,•:ti"...."'•:.'."-P,......•,•'.'.•.',"A"t., •".." .'")' '••`).';''.'-'•••:-..,•....•i.',, ')"..)..",:•tt,th.:ft••••,'t.'••:';':'",•,,.--!t:•••:•.,?:''t•.,"..•,4,... ''.'NG. PLANT IN'1,'H-l'-','- . .' .,.".....,.,,• ,Nf..C1••Michael-L. :,,',,,,,',:•,•,1':,.1.4'fi,..Y,':'\,.c.„',.!;‘,;•,,•!::;•. .'i-,•;•1.,...„:•,' -:i.:•,.,;if.-,':''',"•i..;.i••••1,..i.,:':.'.,..'„ ;:.:‘.:••',.:,'!,,..,•., • ,,--,%-, :•:L',••••. ,•,c.igue'i (and .;;!;,!•,- - : Nn '$P,-.734-73;'''.Oriinertiv.locatect,Li-;,,.,-,;-_,.1-.1,),,,.., ATTEST Subscribed and 0Wqr!I,P)!),'!„fl :.;:,„'„'il;i,,.--,'-',1'':,:'-;4i-,'Illi'',.'1-i'l.!fi .'•,,>.',:`,..•,"'1, ' ' it Was published in regular i . ., d ".;',':;•--,1 .•.va ' •I' west of.East Val!.,'i,". -.i.".`,.-.--!.a,i,N Notary Pubiici.-0,0n I.•.,,1 ERTY,',,t DESCRIBED. ?A.B.0..,IL E!,i.;',..)!.i:.:,1;1: ,,....;.,,......'..!. .. ,, , as , dayorlar,IYarYt'l.^-,','.',.1*--,';;;;',:?,!::c.,,C-P.' ',' d av-,',between t,t.',before111-i; , °• ,-4.• -14.....-.•;:fttltv,.;•,tt'i-Ji , tml,e, .,,,.of. er)once each issue for.a period ,,'.i,1,.approx.) ti:1•:2'.t.:i..f).•'KY'l•-r''.:•'•”.•'"c l'tr,•I'uninlement form of saicl,nevspl) ..„,. , ,;.,-i„;-icy;....Highway,..., ;;:i--,..:"'i;::;t•.;',,''Mlilt.";::,''..99, 1,',.. '',71.‘••1,, ,..',;,';' 11,''.1'' %•''',;,':'-'.Lr'' ':'-''',- ..":,(..4'..V.'....';`,,I,':'-:.„' '''',„;'•'',-":'.''i':.:'',',',,I,', .'' ,-;' -',•011,enoic.el :..•.na,,IPE,I.C::11'lliACe,r,,,,,Ir` ,.:s,';:.•.*r-.,'"'„.. ,V,''''S'I;;NA4,,, l'')":'‘/..i::'1°r)''A'1.,''.',.ii''',::.1'''''..:'.'r:','""1.': Or',.',,,r'.'r:,,'f J.,,`''''.".' "..r.'r 1":.'''. '''''." r' ;''' • r''' ' ''• a'iln the--.-'''"r d'Longicres_Race J Track. Legal,, ,•'1-., Published',,In-:the'Rentan-,,,Rel,- , ,,..• l•, ‘'"" >•ic.:'-,p....,w,-,,,,_,T.:.,-:-- - ;. 1,r'',,.'....:-,*,''' ,'-r,,'''''''' ' - issues, commencing 7—' ,, an ,. . ,_. file,4in'tv.planning,Ir..lji• , . ,... .„.,January,13..4974. •-•,;•,,(1,„-,•, '4.,,,..,131,,,.*-;-0.',.,,,,:,1....,,, .,19.., ,.'...:-....- ..,,., consecutive, „ ,,... •,, ,., -,....-,,.,. ,.„ ,„, -,,•,,:.,„ '..1..,,,,.description, on ...„..i it,,,•.;,...,,,-,..;,....,i;i4:,„; cord-.,.crircinicip,i,,.1.,,tp.,,,,..4.;;:Al,,,:i pellneIr!1•77M-Obili:1\9_,it,..:sitet.fLihe;,.,BL M. .,,,,, , 44,,,,!..A:1„..,,..o . . . .;:.77.„A„,:.,,,;,?...,„..,ii,„.._„:„:::::1,,,,,.,.'..::::..:,,L;•,',.,-,:...,...i.'1.',,,,L..:.-,A,,,...;. ,.....,.,,'..,,...i.:,;:,.;;,...,::.' .:!,:...::,,.i.,.,,, . Re- Department office. •. !t PERMIT 1:TEi';'•'6EIN2',i,!:',;R206g.i'4,! ..,'...34't.,V)I. i ';',t,'",1,!t:';:.T,,,,V•:',.t.t,',.•:" •t.'.4-t t'•)141"'""Xtt '''pt`'t.'':-'1.1 .,:•,;''-':LI::.;":::;'•;4''.',;' •""'"/ ....: ',''''''.'.1. :2)'19';'.7.42:';•and ending,the;,J:::',:,..t ''''21'..SPECPARLOFPESSION AL..OFFICE''':r5, i, ,. .1,.,:',..1,'I.V'a,i.:6:::2: ....,,i; 'n,,- / ;.:,,,, 1- .--.11'; :Aay`of. ' ' .',-;Ian. .._. .„.,... . :„.., ,..,.,•.•: :, .,..,..•,,.,. ,.....i,,,,,..,,,,,.,. • STRUCT.A,-.(MEDICAL) IN:*'!'11!3.1 ',4:1.:Vili-'4,..ii-Pf.'.1).-RIk'snViii";,.if.,'',i','112',.;k61..; .;','' J4..iC.;.!i.,.-Lii,:i.'r..-7, 77,*, ;t„., ,,,...„,'.:„. y.,,',.-,.-,,,.c.,z,g, .,':,.":,•?•,:;.''',•,'-'1.,'s-'':`'..!'4':,';',',,,,-,:1',','''''.',';ri,.:,,'e.",1..'1',r,',, ,,,', BUILDING••A., ., ,-A, proper-, t - ',.. -,.....i.1;,I.:1,;.:,.0,q,....,,,-;::•,:e.,•.,,,,,,,:•,,L,,,:•::,..,„•,,i,i,•,,,,,,,,,-,•;,-:,...•,:,' ,•-'1',••1,:,,-l';',-.•••••:t.1'•,,,,;,:,''',14",..•):'••••,"'t,•••,'•••..••••:••'•'.',0',,',,,••••1.,....::'.11,• •f•,':,',.ii 1/4--.,'.!..•'.-•.•,.,,,..•" •c •„".,•••'-,, ''• ','" ••••,' ••.-.V.:f',zoNE.,'•file No.,SP,'QUI'7; , . '.- '...k!,!,.',P.i':,,,g;,':i.'51,,l',4^1Jt-..--''t;t'').-,Ci`,4,',;i.P.:4•Cq!';.',: •,''-'•; .1',.);;. ' 19'''. :;both dates , -,„t t ' :•";:r.:::•,‘,;.,p,.,,,,,,,.,..,:;,,,,,,-,,,,, day of ' ..:'' .'• -,, et,was regularly,dislril?ntect: 9,-Its.,, ,.,:,;',,,',ty located-at 401''....,boutk,43rd:, :iiii,;.,'...!:',1/..•",,'..ii,....f ! ,,,,,i,,,a,,,,,,,,,z..-„-?..,..z., ' i'• '-' n'file'ini-,‘ ,o1-,.;'‘,...,Ji.......,:f,,,,•0....*,i.:(.:;1.:',.p.1,.q,','-al,..t.-,k,,'.v:i Street.tietgal desrINI9n;9,„...,...:),q.-,_,:: !!!'.1'...,.g.;.).1 ,-'.1,',','S't";'•'-iiieltisiVb;t and that.such.,hettyspap. Lait,pf,,said,peri:O,cl...',r!!.. , ,1",!.,..„....,,,,,..,.• ,.,-,,,..'.: ,.,: '‘,:.,,,.....;,,•.',,i...'::.,-.,'3''.. full amount of.tho„'f,e .,',' ..,..,:.•',planning'Departrberlt•Of. C. of-i', Iii\t„:. , ,1,••...,"!..:1[. .,•i, ,-,5y."-;:-,,,,,•.,, ,,,-!,ttt,i,.•,,,i'....1., SITE subscribers during ..,.---4::..-‘,-1;P,,,,,,..,f.,‘,7.•t,,,:• ..L.,.?.',,,.,.,J., '.-,..'..:.• ,,- .-- - ,..----' ' !,, -•..,.. : '1 7-Q8 -t' .-•"-,-.i'•ADDITION rt FACIL-'-' ,-,_:";..-::,';','1:;i1 ; '.;%i',!:-:i.,,:--;:,:ii,j '4,.-.; '.;' ' 4;r''.'1:''' .;... '' is the-.s.uni::e,($!'.-.„t!..!.,,,,,which. ,-,,,!,1,,cLAssRoom 5 Tip'EXI§:nr,l- „,..., ,...,,-.f-p;Y::-. 1 , ,;1.Pi. ; ..-T,41ig':.%;:','1,.::,'0,-" charged."'fbi•:the'foregoing.publication „0•. ,P.L1,31)4yAL.7,:,, . ..., a.:,....,. . ,,,,,.,...i,„-, ,,..,,,,,,J!;.),,.,,,,,.. .,,f,,.•,,.,,,,,,,,,,,,,,,.. ---2- iaile;.! ..'' 'qe,4 '.'i.1:',';'',:f..)1'1":1:11,-i', :',L4',1,::°. -7.'"5:P.,::'-:-)L-. u t ' •' •• f rate of:''.' . 1-.;',,,,.. ,SA-749-7.4;.';prOpert4, „ , •,.:;:,,,,,.. .. llas-•been-paid in full at tho;ra . , . '1. hundred- . Words'for.each....,,,v..,14.0-.., , .• . - , - „ er-- ,,'.:per folio of one iitin4red'Ayarcia',',,L'i•-:,,',.-it* IN":',R-1 AND R 3 ZONES, of„Tay Taylor Avenue, ;:.,t;ti,,,•;:t1t..!;;,-.):t.f.;•,,T,?tr,..,;,t'i-,;,...,, to ii-i' !fi:rif insertion.L .-#A4,-.:2‘.c,...1,,::.:,...,„..:1.;,pe,!,f,!:: i.,,or r:i!'.0!:1•.1,!,.,7,4,,,,"..,,,,., ,, r,..,.,, ...:_,....,7,,,,.....::,,,,i.,-..-,,r...,'-',.•on.'§•!^',-"coril,„.••, d Place.'-'Legal •,";-",•,:..'',At,..••I't.t,:tt,e,,".";.."."1.,,,f),...)).•:.:Nte.".' ,,,,t1.:4,).:-.;t'...•,,'.0.,, t. :`:t.. 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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, ,. z:.SAME.,7t.Nt:' ,.1)11 ...rtiii.t,;. ..-",• r •",:':'''' '',', V;;1:143Ylund V,Wilc,', ,i-,,::;.;:',-.•:t.:',I,-;".:-',..;4,:f.4::.',.,e'SECRETARY.,:i '.."'A flOTpri PLANNING1 V.:‘,..?,,r`,-:'-:.::',.;iri,- ,._, ',.•COMMISSION ki4BY0P):SciPfembee,16,'1973;.?::; fv,:4,:Q:',7`14'. :•.CERTIFICATION ;;I'IIf 0;14Y.);;Aliptli,e1;§mitIVIlereby; erti74, . . V71Y4thatAtirP4eopiOS I ef,',1f)a,:ab0v .I, .. , „ . . docuirient',wer'e';posted by me In • . t'', three:,conspicuous,?.places!on;The',I, I property:4escribed;,.094,,';Ps.:I'r!'; scribed by law '. I -i,,;-r,":•:::::.) -1 . ATTEST $4bScribed•and'iWern.: . , . 4 . lobeforelne„al Notary Pu011oo ori..•:, 1'10.1614 day of Sept;'1973,','.,,: , .. ..- . ?1EVSIONED1',Mi,90.et;.14§rrlith4 V10',110'NI:',Hlicfer ,1 ,Ipm'i.,-,.,F.i::. •,',-,. PiAbsisheeL,,in!.'llio','Rentor,i, Ret co'rd,,,,Phrotrijole,•,`leptomt*:'.'15,t'A .,142,7,,,51,MR48:4,4•44,),i,;,:WitVi.;,:,:'57'$' . . . ` I 4 OF R�� 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 • • . .... . .. _ r s r . . .. .. .• „. - E . . r c c: h - i -.s t -...: �..-..�i; .. ..:. •- - - _ j r _fie,v_7 ryyY- J. ▪' _ • ;'ice-354 ti 1r. ; - • :.F , N.. ..- . f. - I ., :.F}V 1-'�1. --�' r. r _ � -` 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::::.._:. :.„,..,,, _: .,, . .. .:. .:,:::.::_:,,:.,.::„...:.:„ „ .„ •l.. :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. 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I _ ._ . .,,.:.„....,.permit,.,...,, .„,. ,,,.,...._ .„.:.._,,,,,_ . . Shell.. -. ,.;•:::: 9 U !..1 1*,S- 0 „a . •••,•,, •?, ,.,........›,..„••., ,.....•.,t,•, •• .,... f.1-•*;-1-1- ----.:....', :, .1'. g'::_.-;.'7- • 7, 1.:- •••31. - •i4c:ffr:i6r7Z;r.f:4*(--"Z',--;*:, Y,W:-: 7*.'.i.'-' •:* *•'J'7- •• - -•7-',-;:jr! • , •- . , '"-• '-::,,. • . T'•.t_':•:- 7,,,,R,,.;'gf:Ot,,,,.!.4.3441fik.;.•.,i-j;....;,-.,:if44::•!,''„ sT,-;.•::.-,..*:t7,'---4,:i.,!4.. ,-.417'':**:,_,.,-.7.:5:';•••-t',. .'t7:7-P. -ilseli 'lat the„.tanks4arna, .--,•-••:,---,- ,- - .,-;,----.:--;,1•1-..--1.r.k11,-,;-t-,4,A,-,4*1-•,..,,,,,,,,..4.1,,,,,,„„,.,,,,i.,„,..„_,,,,,i,,,,.-_,,,..,.".„ ,_ .. a ,vaam-,,..Lian ping „.. i -.,'-'•••-:''-',7.--z---7_71.2.-47t:-!714;g.,-.4..i.,3,-.:--!,.:':m-'1,4-.,•(..,-51-----,,-'-'- z--•-,--.4 ..,,,,,.. -,,------'ik-.hiy hydrocarbontealiee'f '-.*. *t ' d:for widening- the, . A '-...fl1/4.-:-.'''-'11'''Y'`'..: •:"'s'::'-•111y1Tial---i•U'irinit7-4:4-';;-‘.-MP-anw. .111e_ tilciiite,7.•7;404°.egtonri:,4"-siaap-flm-lla. rbo. rilalr,..tlisi,,..,l'i_;... ..,:.,..•.,..i-,tessf.a. er,:_,411.1,00,-'.tir.4:.,1.-ar'dine..-,an the anning Depàrtxn -- -..,-. . 4i''-licti' ti-Ohtiittlild stmge... lanks-i-...'. .......15---• -. -- -''''- 'e--tcommen— ts..t':.7?"-comments ----the'-'.'Rentati-5P1-anning,'-',,ternatiaad301 ,0tP.Ylr'.ii-1,,....orillia 1--Elats.iii:z2COCUIll• 1;"-,;:7'1,,., °"5....: ,;the. ::i"../i.,,iro• m,..lift' TipliS state,:::cmiss i,o.n. -...'•'-at.:Atsthi:.4:11e4nrect-F,4,ztaah.. tracks.".':--i--• ...,"•,',...•',f--•7,-',--, ':3' --- •-. review by the Benton Ilan7--.'.•Am - • ,..i..,;;6-.'---hical'-agencies,:-:hearing was',.told -_. 1. .„..._ r•_-,.,shapis._EtS,:han•:help..under ,---•- ---• .for rev . -- . . - . ,,-,, t federal7- -.7..,..... ...., .-.- , - :. er trnekaTer,----• -hy-.-:-,comnussioners 11m-''• g..carruniss.inn--moght,4" '--according:to Planning Ihrecto!-. ..would 1)09.:tank-•:from,the..,,,,;-'rview - - •-• -.:.:,-;-.-::.,--,•11.-... -.'...- • p?-- --::-::r,.vo' nanlssio' n.;action neoubl,C,te-Z-adca.. 5ekso• ,--.....1---•-.- .•:-.r-•.,...•:-:day traveling,to And . ...,, , since late . .October. iiil ._.iii--- :,..ti.;;;-:,-;Gordon-Erickson.1:1,.-c...at.i,:----?-er..,.,,,,se%•-- -• .- '-' ti' Itelf'Shell ere- At its Nov.13,mee g,. . '• 'delayed until...lanuary. :-,f,-=1-- ._„:„,„....,,,,:.......-.:zz„,:.: ,• ,,_. ......,..•ontha-Fla __ , ,..,,, .,.4._,.,.....k...,,....,v„..., ..,.. .. ''..''' •-.•J.., :Thelle' larnould:be:Manned 41,shall la ilaristng!In 4-nnw. -....'-.,..num• - 'Ital. to buil..ti-7...-.4:.--4.,5:',:it,'"_.,3F,:-It_...co- =Lass-- • -orr.:uoul„ d lid--onlh. e -t-request or delay r!caa1! ,-,;--. .'•• by the Raga'i Sound -r---:;fram'' --•iti.Harbor. - -.:jalan'd'farcihtY' ..-:.•Eiicksa.--4-'•-i';'•'-sa;-.fd--''',.;thiP'-40011-,:-Perml - ..• •.. . . •,-, • to conference--ivhidlr'haa*.s.aihith-Ihtia••=been7-Pard'as. ...„red.: .bY---,."'''''-'' -;11-area se-Ai:11'4Se•ting.,,.'until-.January.- ---'-'-'-. ,f.'*3:.b.en,•*- • „_., h'I.nen , , • -- •- - - - - -tua;;;,-,.:-rit-r.....,-:,...•-..., ,..-.nteanIttil , . ,..:-.-7,..„ -.3,..i.,.. _ -farm has . / ' ' ''''. ' • . ' ' ''Sheirs'''environmen '- • •-Ptift Sound Air-Polln- • . -7- -: __.,-,...contesting city: --up _-_ . ..... _.,, .. ,i-,.....„.._,..":_, ...ir:r-ev-iedwfur a-delay. until iit,:7;,......,:theA:,!it,.poer.,,::orseea ::;littn:viiiiirol4geo6;:l':....is0ot•noted i,,, ',:,..,:sh;ons.le,vdie;ninihereend:•1.11:i---ons•:!..,.:.0:...r:,-::.gro.-Time.;tank : ,__ _.,...,..._.-environmental v , :-.-,.,-...,,,,,,,,....„.•...:, ..-.....4„,.•!--_:.... th I i I c t'ii ti 4 e m e n.r•i",•••,....„..,'s .:'. .. ;.-'0•`ro 'de;;;ikints.ito'jthe:,cau. '....•-„,„----fs-,thp'd-aava--,-.!,.would lrOhn.,-.•-):.:01anarg',7•;c.:ii,-.,,--iz•-,....,-,1,.•.:_,..-.-_-_,3y-i.:T„.;41,1.1.1•'..i'.7-:, i_....-'- .f.4;21Lit-14.--'4'.. .'...--', ,••'--' --.- - -..,•-----,.•-':,-,--•-..--,4;...,"..------...,7',-1.5-'L-'-:-,°"`"'-'117 ,--.,•'-,-;.:i•`•*: -,'•-`,.4;*-r•-t.;:.•:''4.•,W-7'•;,. ..::.v.''''',-.-.5":::•-•;'-.5-,f•-::.1:6.,t:7*,,1i,i,.:44:4=4"Zb.'"4 '''''— s .::. • 510 .:-.,-•,-:7:..,.:::7_,.,.',.4',•-='..!1:•:""':--•;-'.1.•,•,1,...'1 LZ:#•:_i-•`,F.,,,1: ,44.iiiiilf„.t.c_;:l..,,,.2gla,..4.4,4,-,.,vo.,.........,-- C.';* •.:•,-tr,js.;*-I- tfti,',744-•;:-.''':";=2"4i,-,'*="4.7%.:-,41;-*A1,1-.7,11-1•i'-•ig,'W-4c--G4 ---.- -. rr ri,-,....-_-..,4e:,.4. 4.5--,-..-.---:".''''-'•-•"•'-••'****"'" i . _ _ t • " - • • . , '- —\ilh. l / f I 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 • • • • • • • • • • • • • • -• • • • • • . . • . 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 l�� y 'p S't'•..:r I� if! . S'. , A �hme n t-`. 'L.r Attachment }' ��/ .. - " , /, 7277• •----?"::) -?.-,)7' . 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 . //(,:j l Delores A. Mead City Clerk DAM : jt cc : Councilmen Jack Lynch Planning Director Planning Commission 1 (-- 1 :i." „ , . . , • . , . • , „ , „ .. MI. • ' . „ . . . , ' • .Friday, September 28, 1973 • - , , , . Vol. PI No. 116 ' Single Copy Fifteen Cents E.Astar3„ Renton, King County, Washington city hears plans 1 , i . . , . . . . , ! , for Shell plant; , . 6. tellopposition, : . ,, • 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 _, . 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." • -',: :,•,-!, "One of those speaking from the I : ,, : 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) •, • • • . . . • • • ,)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 ... _. ..,;.� Tom/.� : - .� ,.I: ?y'�:.5� - .r- .. $•.ae,.a .. - .:.._.. !�`. •*;: � ,sc,. =,:., .'•,.,.;- . m'a• ,ra - �5•<� - y.' ...AV....! ..-{ �.r „tL: ,..+�- 1 � 7 tS5 �,• � t _5 1, .:i r _ i � y . �'. + -� � • , h' 7 t n _• P ^:~ ^ '�' ti* �` G a - f*rn • .. • , . :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. •. . - _ • ::"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- �.'. •• .. � ..,:,-:.., :,:��';,_':_•..'-,_:;_ ; , :'.: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. . . . , ......, _,_.. • . . - . . • • • , ! . • ' . . . . • :'_1 oi' l, . • • . ' . . .'"'1, •?.),,, - . , , , ,2• . • , PLANNING DEPARTMENT 9 RENTON, WASHINGTON t• VVVV ,•• .• .-s v , .,• .'• • . o •• • • 0 ,,,. 0 ...-: ' •:. MUNICIPAL BUILDING e fi EN TON•WASHINGTON 98055 0 • . 235-2550 0 . . . •13 • . • • . . .o ' . • 0 ' '., 7-4teD serc' 044°' MEMORANDUM `. .•.• , . . • • • • . . . , . • . .., ...,,v, -.. -. .:!,1-.-',..„'.,..','' ::: ... .. . : ' , • . . . . ' ;Y;.'. '.' '' ..•• ';'"•..-."`'.1.' ..' . . •, • . , . . ' , . . . , .. . ; • . . . I . . . ; • , . . , '', '‘ • ..; '.. , '','t.... 1:. "".. . .: ' : September 27 , 1973 . ' • :. •. ..:1. -. „• , „, • . . , . . . • , .. . . ,„ • . • ' •. , TO : ——T Avery Garrett , Mayor . . . , - , • -.',••....--C-.-fty Council ',. ' . • • . , • . • . . . . . . . . .,.. . . . . • „ , . , . • , •• . ... FROM, ' r, '•••• G. R. Kruger: • .. ,, . .. . . . . , • • , . • .• ••; • .. . • SUBJECT ,... Draft Environmental Impact Statement for'' ' '''.. '''.•:::', . , " . • , . . ..-.,- Proposed Shell• Petroleum Products .Marketing DiStribuion Plant .., .:. . .• • .. ' . '. - ''••'''.'- t . , . „ . . „. •.., .. • , •.. . • . Attached . f • Cor YOMr...'infPrmation , is a copy of the • --.•-. .',.- , •. , .:• . .. . , . ...„, • . . . ' . • . „ . .., . • . • • above.. •,..„:.. '. . , ..'• '. •:•-,•,. -',-,:'• ,.,. ... . • . . . . . . . , . . . . . • . . .. , . • - . • „ • • • ' , "... •,, ist..--.••• 'f.-1.'„...1. ".,‘" • ..'.. - . • . . . .. .. • . . • . . , .. ,.„,.:•••;.:•...., .•. . . '.,4.1,,',.. • ,J,;:...•-•,.,-....2 • . .. .. ,. •. . . , -. „ „-..•,,..,. ,,,,,a-.:,-..,,,•••• ,c,.....,..,-,.....- .• • - . • . .„. ... . , . , .., . .. • ,• . . .. . . . . . . . - . . . . . -• •• , • - • . . , . . . . . •• cc : ' Public Works Department ' '. ' •",' --.. • ' .. . • . , . . . . • • • . :-.. ' Building Department.',-;' ' . ' 2 . ..L . ., .• . •-• . • , .. — • • .. , . . . . . . , . . , . . . . .. . . . . 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V''4,'..4V,t,:',,:il!,;'!,•a:•,,tt'i::.r,:g.".k§pr,f,!!b4+-0.;,;!Sf'..1;'(fPi.i.2, ;:e..`;: ''.4 v. -:?-'''.; ,• :;',',•,-;;;''' = li,i;'; 4 ..:''.; i.':1 ' ...;.:+,:,:,,:',;;',,•;;' ,'*..'I P..',';4 .." ' :4,"....I'''.•'.;•;.,':. •••ii;,;;.';','':4.-1•11k)hi'I: `.*Ii•1• i;. •••.0.,, IJ,C:.. 4‘,.01'il'Ilife,, ;:,.,;';;I. ;•; •?; '. „jcr;,C;;;Y ` : ,,,;,.:,..4,.':•-,,,. ,, :,,, C;;4.1 4',..f-.), •,, .,/,,, -,-.,, ,. • , . . .'-:..'.';', .iP' . v. 'F' '' - 4:*i=;CPN'. ii..f..-Sc:::• :'.7'.'::,' 4';').. ''.''..'-'-:-;•' .A.':'-:....:'• ..-,..:,::' . ,',';,...'?..' ''i:-f,..i;'7'..:?i-7.',.:„..,,. ..., :.. • .R,� O� .?) 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, .. O �►` O MK:RGM:bjp q `�.. pc Ig,3 2 t ki:j. <,,t!,,, 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.. � — t7,I • r r .C� t�J 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 • 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\ • • • • R / 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 • • • • i 1 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 • • 1 . 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 - • 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 • . , - . . 1 - 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 - I GRK: dj • 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 , • ////11-(Lt1 • . F . Weiler , Manager Plant and Environmental Engineering 1 — dlit-e,t& / 1 . ' , 1 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. ?, �."�'r41 PLANNING DEPARTMENT 0 121;NTON,WASHINGTON mom Q MUNICIPAL BUILDING 8• RENTON,WASHINGTON 98055 • BA .3310 . 9y � o 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 + o ri N/e q� �-V 9>V� >; it 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 • .....-...-ti... .......,...mow. �-_. .R T. t-.. I 1 1 `I i• _ I I �® - 1° f i, I • -i I f I . r/ ' • Py I I y..es_ j • -C 4. 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' :•-,,' . 1. . , . . ' , s.11 . . , .. . . . .. • . 1 , ••, ...: ) , ..:, . .,,,,,,, ,;:,,,, . ,,,,,,.::,.., ...... . _-•,, , ....,.. - . ., . ' , • . . . , , ." youNGs . 1 ; • 1 2, , . . .„ _ ., ,,,...._„,,,fi_.,,,„1, . ......;.,;... ,... ,,,......,, , ...„ .. . , .....,, iii ,.:,:,,-, .,..' _,,y ..-%:,,,,J,,,,a,- %,:,,,,.,,',,,,, : ",1 . 1 ii oits .,.., ..:,'.....;:1:.,:::. ;:-, ..,,,:,,.: ,,r,,i'i,..., ., :,,.'.., ..2--,:l. 0..., , - •, • - 0• , • - " • 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 „:• .Q. #ti.Yr �5 �'rl f' ash=:•."ii:':�� -..q•l. irk .�•. r;,E:'t1' - • r t' t;.' rt jj� 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' • \ 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 • 5 �i�/I /0 A; 6NE0 .JUN 2'7 1973 �2N�NG Doi/1,` •C/ie// wench: Oil''l`lllti ( I'1`Y Arrl'd>KN11'V • 1dENTON, WAki111N(VI'ON 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. ..;'. • , • ^1 ` GD:pmp y L •� , Y I. 4i s ire',,. 4 . r j • {; _ max! kh 1 % ' , . :eY. : F•' ..'S.• ' 4A; ;.- • xr'• - ,f JJ'•::pi":,e,r iI:K 'Jp'`i. ,.,.:-.t ryF .;;n. PLANNING DEPARTMENT • RENTON,WASHINGTON 0 n "mi; ! 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 <'c,. Wd/ - 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 es �✓ } ' • 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 i ✓ I1 }'LAN;11NO 1)E1 \It'1' I ENT 1ZEN'1'ON. \VAS11IN(:TON `1y 0~w c 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. • / • 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