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HomeMy WebLinkAboutD_Bull_ADU_CUP_Variance_250520_FinalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Bull_ADU_CUP_Variance_250520_Final A.ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: May 20, 2025 Project File Number: PR24-000074 Project Name: Bull Conditional Use Permit and Critical Areas Variance for Accessory Dwelling Unit Development Land Use File Number: LUA24-000367, ECF, CU-A, V-A Project Manager: Clark H. Close, Current Planning Manager Owner/Applicant/Contact: Leah and Tristan Bull, 5424 NE 10th St, Renton, WA 98059 Project Location: 5424 NE 10th St, Renton, WA 98059 (APN 1023059365) Project Summary: The applicant is requesting a Conditional Use Permit (CUP) and Critical Areas Variance to construct a 968 square foot detached Accessory Dwelling Unit (ADU) over a garage at 5424 NE 10th St, Renton, WA 98059 (APN 1023059365). The 1.26-acre parcel is located in the Residential-4 (R- 4) zoning district and is designated Residential Low Density (RLD) in the Comprehensive Plan. The site currently contains an existing single-family dwelling unit. According to City of Renton (COR) Maps, the site has identified High Erosion Hazards, Regulated Slopes (>15% & <=40%), a Category II Wetland, and a Type F (fish-bearing) stream (Honey Creek) that flows through the western portion of the site. The applicant submitted a Geotechnical Engineering Investigation, Wetland and Stream Delineation Report, and Standard Stream Study with the application. Site Area: 1.26 acres Docusign Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 2 of 22 D_Bull_ADU_CUP_Variance_250520_Final B.EXHIBITS: Exhibit 1-15: As shown in the Environmental Review Committee (ERC) Report and Exhibits, dated May 5, 2025 Exhibit 16: Administrative Staff Report Exhibit 17: Re-Notice of Application and Proposed Determination of Non-significance – Mitigated (DNS-M), dated April 9, 2025 Exhibit 18: Environmental (SEPA) Determination of Non-significance – Mitigated (DNS-M), dated May 5, 2025 C. GENERAL INFORMATION: 1.Owner(s) of Record:Leah and Tristan Bull 5424 NE 10th St, Renton, WA 98059 2.Zoning Classification:Residential-4 (R-4) 3.Comprehensive Plan Land Use Designation: Residential Low Density (RLD) 4.Existing Site Use:Existing single-family residence on a single-family residential lot 5.Critical Areas:High Erosion Hazard, Regulated Slopes (>15% & <=40%, Category II Wetland, and a Type F (fish- bearing) stream (Honey Creek). 6.Neighborhood Characteristics: a.North: Single-family residential. Residential Low Density (RLD) Comprehensive Plan Designation; Residential-4 (R-4) Zoning District b.East:Single-family residential. Residential Low Density (RLD) Comprehensive Plan Designation; Residential-4 (R-4) Zoning District c.South: Native Growth Protection Area (NGPA). Residential Low Density (RLD) Comprehensive Plan Designation; Residential-4 (R-4) Zoning District d.West:Single-family residential. Residential Low Density (RLD) Comprehensive Plan Designation; Residential-4 (R-4) Zoning District 7.Site Area:1.26 acres D.HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 6153 12/09/2024 Zoning N/A 6154 12/09/2024 Annexation (Wedgewood Lane) N/A 5147 07/4/2005 DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 3 of 22 D_Bull_ADU_CUP_Variance_250520_Final Annexation and Zoning Classification for the Wedgewood Lane Annexation LUA05-057 5148 06/27/2005 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1.Chapter 2 Land Use Districts a.Section 4-2-020: Purpose and Intent of Zoning Districts b.Section 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations c.Section 4-2-110: Residential Development Standards d.Section 4-2-115: Residential Design and Open Space Standards 2.Chapter 3 Environmental Regulations and Overlay Districts a.Section 4-3-050: Critical Area Regulations 3.Chapter 4 City-Wide Property Development Standards a. Section 4-3-050: Conditional Use Permits 4.Chapter 6 Streets and Utility Standards a.Section 4-6-060: Street Standards 5.Chapter 9 Permits - Specific a.Section 4-9-250: Variances, Waiver, Modifications, and Alternates 6.Chapter 11 Definitions F.PUBLIC SERVICES: 1.Existing Utilities: a.Water: This property is served by King County Water District 90. b.Sewer: This property is currently on septic. There is a 10-inch (10”) gravity wastewater main located in NE 10th St. c.Surface/Storm Water: There is a City of Renton 36-inch (36”) stormwater main to the south of the property that discharges into Honey Creek stream on the property. 2.Streets: The proposed project fronts NE 10th St to the south and is classified as a Residential Access Road with an existing ROW width of 42 feet (42’). 3.Fire Protection: Renton Regional Fire Authority (RRFA) G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1.Land Use Element DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 4 of 22 D_Bull_ADU_CUP_Variance_250520_Final H. FINDINGS OF FACT (FOF): 1.The Planning Division of the City of Renton accepted the above master application for review on November 21, 2024 and determined the application complete on December 26, 2024. Due to an error in the initial notice, the application was re-noticed on April 9, 2025 (Exhibit 17). 2.The applicant’s submittal materials comply with the requirements necessary to process the administrative conditional use and administrative reasonable use variance requests (Exhibits 2-10). 3.The project site is located at 5424 NE 10th St, Renton, WA 98059 (APN 1023059365). 4.The project site is currently developed with a single-family dwelling (Exhibit 2). 5.Access to the site would be provided via an existing driveway extending north from NE 10th St. 6.The site is located within the Residential Low Density (RLD) Comprehensive Land Use Designation. 7.The site is located within the Residential-4 (R-4) zoning classification. 8.There are approximately 60 trees located on-site, of which the applicant is proposing to retain 46 trees (Exhibit 4). 9.The site is mapped with critical areas, including a high erosion hazard covering approximately 40 percent (40%) of the property in the northeast corner, regulated slopes between 15 and 40 percent (15-40%) along the east side of the property, a Category II wetland (Wetland A) located on the west portion of the property, and a Type F (fish-bearing) stream (Honey Creek) that flows through the western portion of the site. 10.The applicant is proposing to complete the work within six (6) months upon permit approval. 11.Pursuant to the City of Renton’s Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on May 5, 2025 the Environmental Review Committee issued a Determination of Non- Significance – Mitigated (DNS-M) for the Bull Conditional Use Permit and Critical Areas Variance for Accessory Dwelling Unit Development (Exhibits 1-15). The DNS-M included two (2) mitigation measures. A 14-day appeal period commenced on May 5, 2025 and ended on May 19, 2025. No appeals of the threshold determination have been filed as of the date of this report. 12.Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance – Mitigated: a.The applicant shall comply with the recommendations outlined in the Geotechnical Evaluation Report, prepared by GEO Group Northwest, Inc., dated July 27, 2022 (Exhibit 5), as well as any future addenda. b.The applicant shall prepare and submit an Inadvertent Discovery Plan (IDP) prior to the start of any ground-disturbing activities. In addition, the applicant shall provide notification to Tribes’ cultural committee prior to the start of construction per the Duwamish Tribe Comments. 13.The following conditional use regulations have been requested by the applicant: Renton Municipal Code (RMC) Code Citation Required Standard Requested Conditional Use Permit Process DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 5 of 22 D_Bull_ADU_CUP_Variance_250520_Final RMC 4-9-030, Conditional Use Permit Review Criteria ADUs shall not be permitted between the primary structure and the street unless approved in the Conditional Use Permit process per RMC 4-2-110C. Requesting a Conditional Use Permit (CUP) to allow the Accessory Dwelling Unit (ADU) to be located in front of the primary residence due to site constraints. 14.The following variance regulations have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-3-050G.2, Development Standards: Critical Area Buffers and Structure Setbacks from Buffers 150-foot wetland buffer and a 15-foot building setback for Category II wetlands with a Moderate Habitat Function (5-7 points). Requesting a Reasonable Use Variance under RMC 4-9-250B.6 to allow the proposed ADU to be located within the wetland buffer due to site constraints. 15.Staff received two (2) agency comment letters. One (1) from the King County Wastewater Treatment Division (Exhibit 13) and the second from the Duwamish Tribe (Exhibit 11). The King County Wastewater Treatment Division comment addresses concerns in the modification of wastewater capacity for the lot. The Duwamish Tribe letter addresses concerns raised, such as the lot being culturally significant and having a moderate probability to have unknown archaeological deposits. 16.No other public or agency comments were received. 17.Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report (Exhibit 15). 18.Comprehensive Plan Compliance: The site is designated Residential Low Density (RLD) on the City’s Comprehensive Plan Map. The purpose of the RLD is to place lands constrained by sensitive areas, those intended to provide transition to the rural area, or those appropriate for low density residential uses. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis ✓ Policy LU-3: Encourage infill development with a variety of housing types to meet growth targets and provide a greater variety of housing options. ✓ Goal LU-I: Accommodate residential growth by: •Supporting infill development on vacant and underutilized land in established low-to-moderate-density residential neighborhoods, and •Allowing development of new detached housing on large tracts of land outside the City Center. ✓ Goal LU-P: Minimize adverse impacts to natural systems and address impacts of past practice where feasible, through leadership, policy, regulation, and regional coordination. DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 6 of 22 D_Bull_ADU_CUP_Variance_250520_Final ✓ Goal LU-U: Preserve, protect, and enhance the quality and functions of the City’s sensitive areas including lakes, rivers, streams, intermittent stream courses and their floodplains, wetlands, aquifer, wildlife habitats, and areas of seismic and geological hazards. ✓ Policy LU-25: Minimize erosion and sedimentation in and near sensitive areas by requiring appropriate construction techniques and resource practices, such as low impact development. ✓ Policy LU-33: Ensure buildings, roads, and other built features are located on less sensitive portions of a site when sensitive areas are present. ✓ Policy LU-46: Consider scale and context for infill project design to preserve privacy and quality of life for residents. 19.Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions of approval are complied with: Compliance Critical Areas Analysis Compliant if SEPA Mitigation Measure is Implemented Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: A Geotechnical Engineering Investigation, prepared by GEO Group Northwest, Inc., dated July 27, 2022 (Exhibit 5), was submitted with the application. According to City of Renton GIS and COR Maps, the site is mapped with High Erosion Hazard Areas and Regulated Slopes (>15% & ≤40%), with sensitive slopes ranging from 15-25% and 25-40% along the northeastern portion of the property. These slopes, while classified as regulated, present a low risk for erosion or instability based on the findings of the geotechnical report. The report characterizes subsurface conditions as consisting of medium-dense silty sand and stiff clayey silt with groundwater seepage. Given the presence of regulated slopes, the geotechnical recommendations incorporate a pile- supported foundation system to mitigate potential settlement and ensure structural stability. The proposed design adheres to best management practices (BMPs) for erosion control, including temporary construction stabilization measures and long-term drainage management. The applicant’s proposal aligns with the geotechnical recommendations and is consistent with RMC 4-3-050, ensuring compliance with the City of Renton’s Environmental Critical Areas Regulations. Appropriate construction setbacks and erosion control measures will be implemented to minimize impacts on the regulated slopes and adjacent natural features. Per the Environmental Review Committee, the applicant shall comply with the recommendations outlined in the Geotechnical Evaluation Report, prepared by GEO Group Northwest, Inc., dated July 27, 2022 (Exhibit 5), as well as any future addenda. Compliance with Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 7 of 22 D_Bull_ADU_CUP_Variance_250520_Final the recommendation will be reviewed during the civil construction permit process. Compliant if condition of approval is met Streams: The following buffer requirements are applicable to streams in accordance with RMC 4-3-050G.2: Type F streams require a 115-foot buffer, Type Np streams require a 75-foot buffer, and Type Ns streams require a 50-foot buffer. An additional 15-foot building setback is required from the edge of all stream buffer areas. Staff Comment: A Wetland and Stream Delineation Report, prepared by DCG/Watershed, dated November 21, 2023 (Exhibit 6), found the on-site stream to be a Type F (fish-bearing) stream identified as Honey Creek, with an associated 115-foot (115’) buffer extending across a significant portion of the property. The geotechnical engineer determined that the project would not have a negative effect on fish habitat or related considerations. Honey Creek is a stream that runs through the parcel, originating on the parcel in a 12-inch (12”) corrugated metal culvert that runs underneath NE 10th St, flowing to the north through a natural stream corridor, before flowing into May Creek and ultimately flowing into Lake Washington. According to the Wetland and Stream Delineation Report, prepared by DCG/Watershed, dated November 21, 2023 (Exhibit 6), the on-site stream loses channel definition after approximately 30 feet (30’) northwest of the culvert and there are no discernable bed banks or Ordinary High-Water Mark (OHWM) beyond this point. Following a site visit, DCG/Watershed determined that the stream met the criteria for containing fish habitat with a bankfull width of at least two feet (2’) and a gradient of less than 16%. In addition, the downstream reach also met the criteria for containing fish habitat. As a result, DCG/Watershed classified the on-site stream as a Type F stream requiring a standard buffer of 115 feet (115’) with a 15-foot (15’) building and structure setback beyond the stream buffer. The applicant's proposal has been reviewed for potential impacts to stream function and buffer encroachment. Due to on-site critical area constraints, the proposed ADU is located within the required stream buffer width; however, the project incorporates mitigation measures to minimize impacts. The applicant has proposed buffer enhancement, erosion control, and stormwater management strategies to offset potential environmental effects. To ensure compliance with RMC 4-3-050, staff recommends, as a condition of approval, that the applicant submit a Wetland Mitigation Plan demonstrating how the project will achieve no net loss of wetland and stream functions. The plan shall include details on restoration efforts, monitoring, and maintenance, and shall be submitted for review and approval by the Current Planning Project Manager prior to building permit issuance. N/A Wellhead Protection Areas: The property is located within Wellhead Protection Area Zones 1 Modified and Zone 2, as identified in the City of Renton mapping system. Staff Comment: Not applicable. The site is not within a wellhead protection area. Compliant if conditions of Wetlands: The following buffer requirements are applicable to wetlands in accordance with RMC 4-3-050G.2: Docusign Envelope ID: 2EA6AE70-E1DH-4608-B893-H70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 8 of 22 D_Bull_ADU_CUP_Variance_250520_Final approval are met Wetland Category Buffer Width Structure Setback beyond buffer High Habitat Function (8-9 points) Moderate Habitat Function (5-7 points) Low Habitat Function (3-4 points) All Other Scores 15 ft. Category I – Bogs & Natural Heritage Wetlands 200 ft. Category I – All Others 200 ft. 150 ft. 115 ft. 115 ft. Category II 175 ft. 150 ft. 100 ft. n/a Category III 125 ft. 100 ft. 75 ft. n/a Category IV 50 ft. n/a Staff Comment: A Wetland and Stream Delineation Report, prepared by DCG/Watershed, dated November 21, 2023, was submitted with the application (Exhibit 6). According to the report, one (1) on-site wetland (Wetland A) and one (1)stream (Stream A, identified as Honey Creek) are present within the subject property. Wetland A has been classified as a Category II wetland based on Washington State’s Wetland Rating System (Hruby 2014), with a habitat score of six (6). Per RMC 4-3-050G.2, a 150-foot (150’) buffer is required for Category II wetlands, along with an additional 15-foot (15’) building and structure setback from the buffer’s edge. The wetland extends off-site to the west and north and connects hydrologically to another off-site wetland (Wetland B) south of NE 10th St. The applicant proposes development within the wetland buffer, citing site constraints and limited buildable area. The proposed Accessory Dwelling Unit (ADU) is located within the wetland and stream buffers. The ADU will encroach into the wetland buffer by 120 feet and 5 inches (120’ 5”). To mitigate for potential impacts, the applicant has proposed a buffer enhancement plan, including the removal of invasive species, planting of native wetland vegetation, and restoration efforts within the remaining buffer areas. Therefore, staff recommended, as a condition of approval, that the applicant submit a Wetland Mitigation Plan demonstrating how the project would achieve no net loss of wetland and stream functions, with details on restoration efforts, monitoring, and maintenance. All restoration work must follow the five-year monitoring and maintenance plan in accordance with RMC 4-3-050L.3 to ensure the establishment of native vegetation, removal of invasive regrowth, and to ensure no net loss of ecological functions and values. DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 9 of 22 D_Bull_ADU_CUP_Variance_250520_Final 20. Conditional Use Analysis: The applicant is requesting a Conditional Use Permit (CUP) to allow the Accessory Dwelling Unit (ADU) to be located in front of the primary residence due to critical area site constraints. The proposal is compliant with the following conditional use criteria, pursuant to RMC 4-9-030D. Therefore, staff recommends approval of the requested Conditional Use Permit. Compliance Conditional Use Criteria and Analysis ✓ a.Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. Staff Comment: The project site is located within the Residential Low Density (RLD) Comprehensive Plan Land Use Designation. In accordance with Policy LU- 3, the proposed detached Accessory Dwelling Unit (ADU) over a garage is consistent with this City of Renton Comprehensive Plan, which encourages diverse housing options and infill development with a variety of housing types to meet growth targets and provide a greater variety of housing options. See FOF 18, Comprehensive Plan Compliance for additional comprehensive plan policies and goals. The project is located within the Residential-4 (R-4) zoning district, where ADUs are a permitted use. The proposal maintains required height, and design In addition, the applicant is proposing erosion control and stormwater management measures, including Best Management Practices (BMPs) such as silt fencing, sediment control measures, and stormwater filtration, to prevent degradation of wetland and stream functions (Exhibit 2). Low-impact development (LID) strategies such as permeable pavement, infiltration trenches, and bioretention would be used to manage runoff. Final construction plans would be reviewed for consistency with the erosion control measures and low-impact development (LID) strategies, such as permeable pavement, infiltration trenches, and bioretention, to prevent sedimentation and maintain water quality within the critical area buffers. To ensure compliance with RMC 4-3-050, staff recommends, as a condition of approval, that the applicant submit draft easement documents for the establishment of an on-site Native Growth Protection Easement (NGPE) over the delineated Category II wetland and associated buffers, protecting the on-site portions of the wetland buffer in perpetuity, and as shown in the Wetland and Stream Delineation Report, prepared by DCG/Watershed. The draft documents shall be reviewed and approved by the Current Planning Project Manager prior to acceptance of a building permit application. Furthermore, the Native Growth Protection Easement shall be recorded prior to issuance of the building permit. The NGPE would be required to follow best available science along with the installation of split-rail fencing and wetland buffer signage to delineate and protect the critical area. Furthermore, the NGPE may allow access through the critical area buffers to the existing detached dwelling and proposed Accessory Dwelling Unit. Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 10 of 22 D_Bull_ADU_CUP_Variance_250520_Final standards, ensuring compatibility with the surrounding residential character (Exhibits 8 and 9). ✓ b.Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. Staff Comment: The proposed Accessory Dwelling Unit (ADU) is located on a residential lot within an area zoned for single-family use. The addition of an ADU is consistent with the City’s Comprehensive Plan goals and policies of increasing housing options and providing diverse residential opportunities. The proposed location does not result in an overconcentration of ADUs within the area as ADUs are considered an accessory residential use that supports infill development without fundamentally altering the character of the neighborhood. The subject property presents site constraints due to the presence of wetlands, stream buffers, and sloped topography, which limit the buildable area. The applicant has demonstrated that alternative locations were considered but were infeasible due to environmental restrictions and potential impacts on critical areas. The proposed ADU location minimizes site disturbance while still meeting required setbacks where feasible. The project is conditioned to comply with restoration efforts, monitoring, and maintenance to ensure compatibility with the surrounding environment. Given that ADUs are a permitted accessory use within the zoning designation, and the proposal adheres to critical area regulations and mitigation requirements, staff finds that the proposed location is appropriate and does not contribute to a detrimental overconcentration of this use within the city or immediate area. The site is suited for the proposed use, provided that all required mitigation and environmental protection measures are implemented as conditioned. ✓ c.Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. Staff Comment: The proposed Accessory Dwelling Unit (ADU) is located within a residential neighborhood and is consistent with the existing single-family residential use of the property. The addition of an ADU is not expected to result in substantial or undue adverse effects on adjacent properties, as it would maintain appropriate setbacks and be designed to minimize impacts on neighboring properties. The proposed structure is residential in scale, and its placement within the lot has been selected to reduce visual and environmental impacts while preserving privacy for adjacent properties. The primary concern regarding potential adverse effects relates to the wetland and stream buffers present on the site. No significant increase in stormwater runoff or drainage issues are anticipated as the project includes low-impact development (LID) techniques to manage stormwater on-site (Exhibits 5-7). Additionally, the proposed ADU would be accessed via the existing driveway, reducing the need for significant modifications to site circulation or additional impervious surfaces. The project is not expected to generate excessive noise, Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 11 of 22 D_Bull_ADU_CUP_Variance_250520_Final traffic, or other nuisances that would negatively impact neighboring properties. Compliance with Renton Municipal Code and mitigation measures required as conditions of approval would ensure that any potential effects on adjacent properties remain minimal. Based on these considerations, staff finds that the proposed ADU will not result in substantial or undue adverse effects on adjacent properties and is compatible with the surrounding residential uses. ✓ d.Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. Staff Comment: The proposed Accessory Dwelling Unit (ADU) is designed to be compatible with the scale and character of the surrounding residential neighborhood. The subject property is located in a single-family residential zone where ADUs are considered an appropriate and compatible accessory use. The size of the ADU, at 968 square feet, is within the allowable limits for accessory structures and is designed to complement the existing primary residence rather than dominate the lot. In addition, the proposed ADU would be residential in appearance and is anticipated to maintain consistency with the architectural character of the neighborhood. Its placement within the lot has been selected to minimize visual impacts while maintaining required setbacks where feasible. Landscaping and buffer enhancements would further integrate the structure into the existing environment and maintain neighborhood aesthetics. ✓ e.Parking: Adequate parking is, or will be made, available. Staff Comment: The proposed detached Accessory Dwelling Unit (ADU) includes a two-car garage, which would provide dedicated off-street parking for the ADU. The existing driveway would remain accessible, ensuring sufficient parking for both the primary residence and the proposed ADU and the second driveway to the lot will be removed. The project complies with City of Renton parking requirements for ADUs, which mandates that at least one (1) off-street parking space be provided for the accessory unit. As the proposed design exceeds this requirement, adequate parking is available and no on-street parking impacts are anticipated (Exhibit 8). ✓ f.Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. Staff Comment: The proposed detached Accessory Dwelling Unit (ADU) would not generate a significant increase in traffic as ADUs are typically low-impact residential uses. The project maintains the existing driveway access, ensuring safe vehicle entry and exit without disrupting traffic flow on NE 10th St. Adequate off-street parking is provided, preventing overflow onto public streets. Additionally, the site design maintains clear pedestrian pathways and does not obstruct visibility for vehicles or pedestrians. Given the limited scale of the ADU and its compliance with City of Renton traffic and safety regulations, no adverse traffic impacts are anticipated (Exhibit 10). ✓ g.Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 12 of 22 D_Bull_ADU_CUP_Variance_250520_Final Staff Comment: The proposed detached Accessory Dwelling Unit (ADU) is a low- intensity residential use, consistent with the surrounding single-family neighborhood. No significant noise, light, or glare impacts are anticipated beyond those typical for residential properties. The design and placement of the proposed ADU would ensure that outdoor lighting is directed downward to prevent glare on adjacent properties. Standard residential noise levels are expected, and the project does not include any commercial or high-intensity activities that would generate excessive noise. The garage placement and existing vegetation further serve as natural buffers to minimize potential light and noise impacts. ✓ h.Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. Staff Comment: Landscaping would be provided in all areas not occupied by buildings, paving, or critical areas, in compliance with RMC 4-4-070. The proposed Accessory Dwelling Unit (ADU) is located within a site that contains wetlands, stream buffers, and sloped topography, which naturally limit development areas. To mitigate the project’s impact and ensure compatibility with the surrounding environment, the applicant has proposed a buffer enhancement plan that includes the removal of invasive species and the installation of native vegetation within the wetland and stream buffers (Exhibits 2 and 9). The existing site contains mature vegetation that would be preserved where feasible, and additional landscaping elements may be required to provide a natural buffer between the ADU and adjacent properties (Exhibit 3). The project would be subject to landscaping and restoration requirements as part of the wetland and stream buffer mitigation plan. New landscaping will be reviewed for consistency with the city’s native plant requirements to enhance ecological function while providing visual screening where necessary. Final landscaping details will be reviewed as part of the building permit process to ensure compliance with Renton’s landscaping standards. Staff finds that, with implementation of the proposed buffer restoration and landscaping measures, the project will meet landscaping requirements and help mitigate potential visual and environmental impacts. N/A i.Specific Requirements for Kennels and Pet Daycares: In addition to the criteria above, the following criteria shall also be considered for kennel and pet daycare applications: a.History: Past history of animal control complaints relating to the applicant’s dogs and cats at the address for which the kennel and/or pet daycare is located or to be located. Conditional Use Permits shall not be issued for kennels or pet daycares to applicants who have previously had such permits revoked or renewal refused, for a period of one (1) year after the date of revocation or refusal to renew. Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 13 of 22 D_Bull_ADU_CUP_Variance_250520_Final b.Standards for Keeping Animals: The applicant or facility owner shall comply with the requirements of RMC 4-4-010, Animal Keeping and Beekeeping Standards. Staff Comment: The proposed project is for a detached Accessory Dwelling Unit (ADU) over a garage and does not involve the establishment of a kennel or pet daycare facility. Therefore, the specific requirements outlined in RMC 4-9-030D for kennels and pet daycares are not applicable to this application. N/A j.Specific Requirements for Secure Community Transition Facilities (SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS): In addition to the criteria in RMC 4-9-030D.1 through 4-9- 030D.8, the following criteria shall be considered for secure community transition facilities, crisis diversion facilities, and interim service facilities: a.Whether alternative locations were reviewed and consideration was given to sites that are farthest removed from any risk potential activity; b.Whether adequate buffering is provided from abutting and adjacent uses; c.Whether adequate security is demonstrated by the applicant; d.Whether public input was provided during the site selection process; and e.For SCTF there is no resulting concentration of residential facility beds operated by the Department of Corrections or the Mental Health Division of the Department of Social and Health Services, the number of registered sex offenders classified as Level II or Level III, and the number of sex offenders registered as homeless in a particular neighborhood, community, jurisdiction or region. Staff Comment: The proposed project is for a detached Accessory Dwelling Unit (ADU) and does not involve the establishment of a Secure Community Transition Facility (SCTF), Crisis Diversion Facility (CDF), or Crisis Diversion Interim Service Facility (CDIS). Therefore, the specific criteria outlined in RMC 4-9-030D for these facility types are not applicable to this application. N/A k.Specific Requirements for Live-Work Units: In addition to the criteria in RMC 4-9-030D.1 through 4-9-030D.8 and the development standards of the zone where the unit(s) is proposed, the following criteria shall be considered; a.Each unit shall: i.Not exceed a maximum of one thousand (1,000) square feet of nonresidential space for commercial activity; ii.Include all nonresidential space, to the maximum allowed, constructed to commercial building standards; iii.Provide an internal connection between the residential and nonresidential space within each unit; and iv.Provide a street presence and pedestrian-oriented façade for the nonresidential space. b.Only following uses are allowed within the nonresidential space of a unit: Docusign Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 14 of 22 D_Bull_ADU_CUP_Variance_250520_Final i.Eating and drinking establishments; ii.On-site services; and iii.Retail sales. c.Within the Residential-14 (R-14) Zone, live-work units shall only be allowed along primary, minor, and collector arterials. d.Within the Commercial Arterial (CA) Zone, live-work units shall only be allowed at a distance of one hundred fifty feet (150’) or greater from and arterial. Staff Comment: The proposed project is for a detached Accessory Dwelling Unit (ADU) and does not involve the establishment of a live-work unit. Therefore, the specific requirements outlined in RMC 4-9-030D for live-work units are not applicable to this application. 21.Reasonable Use Variance Analysis: The applicant is requesting a variance to allow for the construction of an Accessory Dwelling Unit (ADU) within the required 150-foot (150’) wetland buffer and 115-foot (115’) stream buffer due to significant site constraints limiting the buildable area. The subject property is highly encumbered by critical areas, including a Category II wetland (Wetland A) and a Type F (fish-bearing) stream (Stream A), making full compliance with standard buffer requirements infeasible. The proposal complies with the Reasonable Use Variance criteria under RMC 4-9-250B.6, which allows for development on constrained legal lots when the strict application of zoning regulations would deprive the property owner of reasonable use. Staff, therefore, recommends approval of the variance with the required conditions of approval to ensure long-term ecological integrity and compliance with local regulations. Compliance Variance Special Review Criteria and Analysis ✓ a.The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. Otherwise, the alteration shall be subject to the review criteria of subsection B7 (Special Review Criteria – Reasonable Use Variance – Critical Areas Regulations Only). Staff Comment: The applicant contends that granting the Reasonable Use Variance would allow for a reasonable residential use of the property, consistent with surrounding single-family properties in the R-4 zone. The site is significantly constrained by the presence of a Category II wetland (Wetland A) with a 150-foot (150’) buffer and a Type F stream (Stream A) with a 115-foot (115’) buffer, leaving limited buildable area outside of critical area setbacks (Exhibit 2). The applicant has demonstrated that alternative locations were considered but are not feasible due to topographical constraints and the extent of environmental buffers (Exhibits 3, 8 and 9). Strict application of the zoning code and critical areas regulations, without the requested variance, would effectively preclude reasonable residential development on the site. Staff has reviewed the applicant’s justification and concurs with the reasoning provided. Granting the variance allows the property owner to DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 15 of 22 D_Bull_ADU_CUP_Variance_250520_Final establish an Accessory Dwelling Unit (ADU) while maintaining compliance with the maximum impervious surface limit of 5,000 square feet, including the residence, ADU, and driveway. The project has been designed to minimize buffer encroachment, and the applicant will be required to submit a Wetland Mitigation Plan that will require buffer restoration, stormwater management strategies, and monitoring and maintenance plan, to ensure no net loss of wetland and stream functions. Given the constraints of the site and the efforts to mitigate impacts, staff finds that the proposal meets the intent of the Reasonable Use Variance criteria and is consistent with the surrounding residential development pattern. In addition, see FOF 19, Critical Areas for recommended conditions of approval. ✓ b.Access is located so as to have the least impact on the wetland and/or stream/lake and its buffer. Staff Comment: The applicant contends that granting the variance would ensure that access to the proposed Accessory Dwelling Unit (ADU) has the least possible impact on the wetland, stream, and associated buffers due to two (2) key factors. First, the proposal utilizes an existing disturbed area to minimize additional buffer encroachment, and second, the applicant has incorporated buffer restoration and enhancement measures to offset any unavoidable impacts and promote long-term ecological function. Staff has reviewed the applicant’s justifications and concurs with the reasoning provided. Given the significant site constraints, including the Category II wetland (Wetland A) and Type F stream (Stream A), alternative access routes were evaluated but found to create greater environmental disruption or be infeasible due to topographical and regulatory limitations. The proposed second driveway on-site is to be removed, reducing the driveway footprint and creating only one (1) main access/driveway for both the single-family dwelling and the accessory dwelling unit. The project would be conditioned to ensure adherence to stormwater management, erosion control, and buffer enhancement requirements to further minimize environmental impact (Exhibit 2). ✓ c.The proposal preserves the functions and values of the wetlands and/or stream/lake/riparian habitat to the maximum extent possible. Staff Comment: The applicant contends that approval of the variance aligns with provisions for reasonable use where critical areas constraints significantly limit development potential. The applicant further contends that the Accessory Dwelling Unit (ADU) and access driveway have been strategically located within previously disturbed areas to minimize encroachment into the wetland and stream buffers and to preserve the functions and values of the riparian habitat to the maximum extent possible. The project includes buffer restoration measures, such as removal of invasive species, replanting with native vegetation, and implementation of stormwater management strategies, to enhance ecological functions and offset the proposed buffer impacts. Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 16 of 22 D_Bull_ADU_CUP_Variance_250520_Final Staff has reviewed the variance request and concludes that the proposed encroachment into the wetland and stream buffers is the minimum necessary to achieve reasonable residential use of the site. The primary wetland and stream areas remain undisturbed, with only a portion of the buffer impacted by the ADU and access. Additionally, the applicant has will be subject to a complete Wetland Mitigation Plan prior to building permit issuance. As a result, staff finds that the applicant has taken appropriate measures to preserve wetland and stream functions and values to the maximum extent possible while maintaining compliance with critical areas regulations. In addition, see FOF 19, Critical Areas for recommended conditions of approval. ✓ d.The proposal includes on-site mitigation to the maximum extent possible. Staff Comment: The applicant contends that approval of the variance would include on-site mitigation to the maximum extent possible to offset the encroachment into the wetland and stream buffers. The requested variance has been minimized to only what is necessary to accommodate the Accessory Dwelling Unit (ADU) and access driveway, with encroachment carefully limited to previously disturbed areas where feasible. The applicant further contends that the proposed buffer restoration and enhancement measures, including removal of invasive species, replanting with native vegetation, and implementation of stormwater management strategies, would ensure that the variance remains limited in scope while providing net environmental benefits, thus meeting the intent of the zoning code for critical area protection. Staff has reviewed the variance request and concludes that the proposed encroachment into the wetland and stream buffers is the minimum required to achieve reasonable residential use of the property while preserving wetland and riparian functions. The proposal includes on-site mitigation to the maximum extent possible, which would enhance habitat quality and improve ecological functions within the affected buffers. For example, the project would provide a higher-quality wetland and stream buffer area by preserving significant trees, removing invasive vegetation, and replanting with native species to improve buffer functionality. Additionally, the project will include a maintenance and monitoring plan to ensure the long-term success of mitigation efforts. Based on these factors, staff finds that the applicant has taken appropriate steps to maximize on-site mitigation while maintaining compliance with critical area protection standards. In addition, see FOF 19, Critical Areas for recommended conditions of approval. ✓ e.The proposal first develops noncritical area, then the critical area buffer, before the critical area itself is developed. Staff Comment: The applicant contends that the proposed development follows an approach that prioritizes the use of noncritical areas first before impacting the wetland and stream buffers. The Accessory Dwelling Unit (ADU) and primary residence are located entirely outside of the critical areas, ensuring that no direct wetland or stream impact occurs. The only Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 17 of 22 D_Bull_ADU_CUP_Variance_250520_Final encroachment into the buffer is for the proposed structure and necessary site access, which are unavoidable due to the extent of the wetland and stream buffers on the property and the limited buildable area. Staff has reviewed the variance request and concludes that the applicant has demonstrated that no feasible alternative locations exist for the driveway access and ADU without resulting in greater environmental disruption. By keeping all structures outside the critical area and limiting buffer encroachment to the minimum necessary, the proposal meets this criterion. The project will include buffer restoration, invasive species removal, and native plantings, to offset impacts and enhance the ecological function of the affected buffer areas. Staff finds that the development sequence aligns with the intent of critical area regulations, ensuring that impacts are minimized and that noncritical areas are utilized first. In addition, see FOF 19, Critical Areas for recommended conditions of approval. ✓ f.The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. Staff Comment: According to the Wetland and Stream Delineation Report, prepared by DCG/Watershed, dated November 21, 2023, the project would not impact any endangered, threatened, or sensitive species (Exhibit 6). The report states that no federally or state-listed species have been observed on-site, and public environmental data, including Washington Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) mapping, does not indicate the presence of critical habitat within the project area. Additionally, the applicant’s mitigation plan ensures that habitat functions remain intact and enhanced through buffer restoration and improvement efforts. The applicant is implementing buffer restoration and enhancement measures, including removal of invasive species, replanting with native vegetation, and stormwater management strategies, which would improve rather than degrade ecological conditions. Given the findings of qualified environmental professionals, as well as the proposed mitigation efforts, staff concludes that the proposed development would not pose a risk to any endangered, threatened, or sensitive species and meets the requirements of RMC 4-9-250B.11.f. ✓ g.The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this Section. Staff Comment: The subject property is a pre-existing legal lot that has long been constrained by significant environmental conditions, including a Category II wetland with a 150-foot (150’) buffer and a Type F stream with a 115-foot (115’) buffer. These constraints existed prior to the applicant’s request and were not artificially created through subdivision or any other action by the property owner. The inability to develop the site under Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 18 of 22 D_Bull_ADU_CUP_Variance_250520_Final standard zoning and critical area regulations is due to natural site conditions rather than any attempt to circumvent zoning laws. Without a Reasonable Use Variance, the applicant would be unable to develop the property for its intended residential use, as no feasible buildable area remains outside of critical area buffers. The proposed variance is therefore a viable request to allow reasonable use of an otherwise constrained property, ensuring that residential development can occur while minimizing environmental impacts and implementing necessary mitigation measures. ✓ h.The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in subsection F of this Section are followed. Subsection F, Absence of Valid Scientific Information: Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the decision shall be based upon the following: 1. A “precautionary or a no-risk approach” that appropriately limits development and land use activities until the uncertainty is sufficiently resolved, or determine that protection can be ensured by using an approach different from that derived from the best available science; provided, that the applicant demonstrates on the record how the alternative approach will protect the functions and values of the critical area; and 2. A required application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall: a. Address funding for the research component of the adaptive management program; b. Change course based on the results and interpretation of new information that resolves uncertainties; and c. Commit to the appropriate timeframe and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries. Staff Comment: The variance application is supported by site-specific scientific studies conducted by qualified environmental professionals. The applicant has submitted a Wetland and Stream Delineation Report, prepared by DCG/Watershed, dated November 21, 2023 (Exhibit 6), which evaluates the functions and values of the wetland and stream buffers using methodologies consistent with the Corps of Engineers Wetland Delineation Manual (1987), the Western Mountains, Valleys, and Coast Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 19 of 22 D_Bull_ADU_CUP_Variance_250520_Final Regional Supplement (2010), and the Washington State Wetland Rating System (Hruby 2014). The report provides a detailed assessment of soils, hydrology, vegetation, and habitat functions, ensuring that the proposed development is evaluated in accordance with best available science. Staff has reviewed the submitted reports and concludes that the proposal aligns with state and local critical area protection regulations. The applicant’s wetland mitigation plan must include buffer restoration, native vegetation replanting, stormwater management measures, and a five- year monitoring and maintenance program, all of which are designed to enhance rather than degrade buffer functions. Given the reliance on scientific assessments and ecological mitigation strategies, the variance request is fully supported by best available science, as required by WAC 365-195-905. 22.Availability and Impact on Public Services: Compliance Availability and Impact on Public Services Analysis ✓ Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides code required improvements and fees. Fire Impact Fees are applicable at the rate of $579.41 per an accessory dwelling unit (ADU). This fee is paid at time of building permit issuance. ✓ Schools: A School Impact Fee, based on new single-family lots, will be required in order to mitigate the proposal’s potential impacts to the Issaquah School District. The fee is payable to the city as specified by the Renton Municipal Code. Currently the fee is assessed at $0.00 per accessory dwelling unit per the 2025 fee schedule. ✓ Parks: A Park Impact Fee would be required for the future houses. The current Park Impact Fee is $2,659.70. The fee in effect at the time of building permit application is applicable to this project and is payable at the time of building permit issuance. ✓ Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: The property contains critical areas, including Honey Creek Stream, which flows from south to north across the site. A 36-inch (36”) City of Renton stormwater main is located to the south of the property and discharges into Honey Creek. The site has High Erosion Hazard Areas and Regulated Slopes between 15% and 25%. Any proposed development must comply with stormwater regulations, including erosion control measures and potential mitigation for impacts to critical areas. ✓ Water: Staff Comment: Water service for the property is provided by King County Water District 90. The applicant must obtain a Water Availability Certificate from the Docusign Envelope ID: 2EA6AE70-E1DH-4608-B893-H70D28DB91B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 20 of 22 D_Bull_ADU_CUP_Variance_250520_Final district at the time of building permit submittal. Any necessary water service improvements or connections must comply with district requirements. ✓ Sanitary Sewer: Staff Comment: The property is currently on a septic system. A 10-inch (10”) gravity wastewater main is available in NE 10th St (record drawing S-327803), and sewer service will be provided by the City of Renton. A new sewer stub will be required to connect the proposed development to the existing main. The applicant must coordinate with the city to ensure proper sewer design, permitting, and connection. I. CONCLUSIONS: 1.The subject site is located in the Residential Low Density (RLD) Comprehensive Plan designation and complies with the goals and policies established for this designation, see FOF 6 and FOF 18. 2.The subject site at 5424 NE 10th St, Renton, WA 98059, is located in the Residential-4 (R-4) zoning designation and complies with the zoning and development standards established for this designation, provided the applicant complies with City Code and conditions of approval, see FOF 3 and FOF 7. 3.The proposed Reasonable Use Variance application complies with the Critical Areas Regulations, provided the applicant complies with City Code and conditions of approval, see FOF 19. 4.The proposed Administrative Conditional Use Permit and Reasonable Use Variance complies with the Conditional Use Criteria and Analysis as established by City Code and state law, provided the project complies with all advisory notes and conditions of approval contained herein, see FOF 20. 5.The proposed Administrative Conditional Use Permit and Reasonable Use Variance complies with the Reasonable Use Variance Criteria and Analysis as established by City Code and state law, provided the project complies with all advisory notes and conditions of approval contained herein, see FOF 21. 6.There are adequate public services and facilities to accommodate the proposed accessory dwelling unit, see FOF 22. 7.Key characteristics of the project include the construction of a 968-square-foot accessory dwelling unit (1,175 square feet including building overhangs) on an environmentally constrained residential lot while limiting encroachment into the wetland and stream buffers. J. DECISION: The Bull Conditional Use Permit and Critical Areas Variance for Accessory Dwelling Unit Development, File No. LUA24-000367, ECF, CU-A, V-A, is approved and is subject to the following conditions: 1.The applicant shall comply with the two (2) mitigation measures issued as part of the Determination of Non-Significance Mitigated by the Environmental Review Committee, dated May 5, 2025: Docusign Envelope ID: 2EA6AE70-E1DF-4608-B8✓3-F70D28DB✓1B2 City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 21 of 22 D_Bull_ADU_CUP_Variance_250520_Final a.The applicant shall comply with the recommendations outlined in the Geotechnical Evaluation Report, prepared by GEO Group Northwest, Inc., dated July 27, 2022 (Exhibit 5), as well as any future addenda. b.The applicant shall prepare and submit an Inadvertent Discovery Plan (IDP) prior to the start of any ground-disturbing activities. In addition, the applicant shall provide notification to Tribes’ cultural committee prior to the start of construction per the Duwamish Tribe Comments. 2.The applicant shall submit a Wetland Mitigation Plan demonstrating how the project would achieve no net loss of wetland and stream functions, with details on restoration efforts, monitoring, and maintenance. The Wetland Mitigation Plan shall be submitted for review and approval by the Current Planning Project Manager prior to building permit issuance. 3.The applicant shall submit draft easement documents for the establishment of an on-site Native Growth Protection Easement (NGPE) over the delineated Category II Wetland and associated buffers, protecting the on-site portions of the wetland buffer in perpetuity, and as shown in the Wetland and Stream Delineation Report, prepared by DCG/Watershed. The draft documents shall be reviewed and approved by the Current Planning Project Manager prior to acceptance of a building permit application. Furthermore, the Native Growth Protection Easement shall be recorded prior to issuance of the building permit. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Planning Director Date TRANSMITTED on May 20, 2025 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Leah and Tristan Bull 5424 NE 10th St Renton, WA 98059 tristan.m.bull@gmail.com TRANSMITTED on May 20, 2025 to the Parties of Record: Duwamish Tribe Nancy Sackman 4705 W Marginal Way SW Seattle, WA 98106 preservationdept@duwamishtribe.org King County Wastewater Treatment Division Emmeline Aquino 201 S Jackson St Seattle, WA 98057 Davidkranderson@gmail.com TRANSMITTED on May 20, 2025 to the following: Gina Estep, CED Administrator Brianne Bannwarth, Development Engineering Director Stephanie Rary, Property Services Specialist Clark Close, Current Planning Manager DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 5/20/2025 | 7:22 AM PDT City of Renton Department of Community & Economic Development Bull CUP and CA Variance for ADU Development Administrative Report & Decision LUA24-000367, ECF, CU-A, V-A Report of May 20, 2025 Page 22 of 22 D_Bull_ADU_CUP_Variance_250520_Final Nathan Janders, Development Engineering Manager Anjela Barton, Fire Marshal K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on June 3, 2025. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: Pursuant to RMC 4-9-030(G), a conditional use permit shall expire two (2) years from the date of decision unless a complete building permit application has been submitted to the City prior to expiration. A single one (1) year extension may be granted upon written request, provided the applicant demonstrates good cause and substantial progress toward completion of the project. Pursuant to RMC 4-9-250(H)(1), a variance shall expire two (2) years from the date of decision unless a complete building permit application has been submitted to the City prior to expiration. A single one (1) year extension may be granted upon written request if the applicant demonstrates good cause for the delay. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Bull Conditional Use Permit and Critical Areas Variance for Accessory Dwelling Unit Development Land Use File Number: LUA24-000367, ECF, CU-A, V-A Date of Report May 20, 2025 Staff Contact Clark H. Close Current Planning Manager Project Contact Leah and Tristan Bull 5424 NE 10th St Renton, WA 98059 Project Location 5424 NE 10th St Renton, WA 98059 (APN 1023059365) The following exhibits are included with the Administrative report: Exhibit 1-15: As shown in the Environmental Review Committee (ERC) Report and Exhibits, dated May 5, 2025 Exhibit 16: Administrative Staff Report Exhibit 17: Re-Notice of Application and Proposed Determination of Non-significance – Mitigated (DNS-M), dated April 9, 2025 Exhibit 18: Environmental (SEPA) Determination of Non-significance – Mitigated (DNS-M), dated May 5, 2025 DocusOgn Envelope ID: 2EA6AE70-E1DF-4608-B893-F70D28DB91B2