HomeMy WebLinkAboutDev Regs - 1996 4-1-1 4-1-1
CHAPTER 1
SECTION:
4-±-1: Ado�x,acu k
4•14„: 'rDO('T WT: That ,certaint
Ir terials nrd
atreet ['tars, a copy of whicl: is attache;:
h reto and irsci 7iotated herein as if fully set forth,
oe !did the saznc.is hereby adcrp ed as .apart of ane.
a zr imp,ien cntation of the City'sttJoraptehen-
�tivt j ',�n for ikix p ,ysical development,of the City
• of>:tritcn. (Ora. a.94, 12-20-65)
4-2-1 4-2-2
CHAPTER 2
COMMUNITY FACILITIES PLAN
SECTION:
4-2-1: Adoption
42-2: Duty of Planning Commission
4-2-1: ADOPTION: That certain Community
Facilities Plan, 1965, a copy of which is
attached hereto and incorporated herein as if fully
set forth, is hereby adopted as an implementation
of the City's Comprehensive Plan for the physical
development of the City of Renton.
4-2-2: DUTY OF PLANNING COMMISSION:
It shall be the continuing duty of the
Planning Commission to observe the development of
the City and its environs in relation to the Compre-
hensive Plan, and the implementations thereto, and
to prepare reports and submit same to the City
Council from time to time and whenever necessary.
(Ord. 2196, 2-6-65)
4-3-1 4-3-2
CHAPTER 3
COMPREHENSIVE PLAN
SECTION: A. The primary purpose of this Comp!,:pensive
Plan is to define and establish the policy
4-3-1: Adoption relating to the development of the communi-
4-3-2: Purpose ty as a whole; to indicate th:a principles and
4-3-3: Plan Elements objectives which shall guide the �ablish
4-3-4: Implementation ment, development and ,i piemeniu.tion of
4-3-5: Amendment definite and precise plans, public on.d pri-
vate; to provide for the c,:ordinati i of the
many separate plans which govern the ,3evel-
opment of this community, to officially adopt
4-3-1: ADOPTION: a program and guide which will enable the
City to attain the principles and objectives
A. The Comprehensive Plan shall be adopted by set forth in RCW, chapter 35.63, and the
ordinance of the City Council after public Growth Management Act (RCW 36.70A) in
hearing by the Council, and all City pro- the manner provided. (Ord. 4437, 2-21-94)
grams materially affecting land use, includ-
ing land use regulatory codes, shall be con- B. The overriding consideration is to promote
sistent with the Comprehensive Plan. public safety, welfare, and interest. Addition-
al factors to be considered (not in order of
B. The Planning Commission is hereby vested priority) are preservation of property rights,
with the following duties and responsibilities protection of life and property, equal oppor-
related to the Comprehensive Plan: tunities, public interests prevailing over
private interests, and economic and social
1. To review and update the Comprehensive benefits. (Ord. 3976, 3-3-86)
Plan and its elements as necessary, and if
appropriate, recommend new goals and poli- C. The Plan is, of necessity, general in its pro-
cies. posals. It must be flexible, since it is impossi-
ble to predict all future events which may
2. To develop and prepare as necessary and affect the community. The Plan is not a de-
appropriate, short range programs for imple- velopment ordinance, although it makes
mentation of the Comprehensive Plan. significant recommendations for future land
use. The Plan is not precise. It does not pres-
3. To conduct periodic planning studies of ent engineering accuracy, nor does it claim to
homogeneous community units distinctive predict exactly the future use of every parcel
geographic areas, or other types of districts of property. It is not intended to retroactive-
having unified interests within the total area ly impose compliance with goals, objectives
of the City which will amplify and augment and policies upon existing developed proper-
the Comprehensive Plan. ty, but voluntary compliance is encouraged.
The Comprehensive Plan is intended to guide
4. To provide effective and efficient land use the enactment of development regulations
regulations and processes, based on the goals that are consistent with the Comprehensive
and policies of the Comprehensive Plan. Plan and capital budget decisions that are in
(Ord. 3976, 3-3-86) conformance with the Comprehensive Plan.
It shall be an internally consistent docu-
ment, and all elements shall be consistent
4-3-2: PURPOSE: with the future land use map.
Jitime
494
City of Renton
4-3-2 4-3-3
D. The purposes of the Comprehensive Plan are: lowed by the Growth Management Act, or in
an emergency. (Ord. 4437, 2-21-94)
1. To improve the physical and social envi-
ronment of the City as a setting for human
activities; to make it more functional, beauti- 4-3-3: PLAN ELEMENTS:
ful, decent, healthful, interesting and effi-
cient; A. The Comprehensive Plan shall be a policy
plan containing descriptive text covering
2. To insure acceptable levels of access, utili- objectives, principles and standards used to
ties and other public services to future develop the Comprehensive Plan together
growth and development; with a map or maps. The Comprehensive
Plan shall contain the following mandatory
3. To promote the public interest, and the planning elements as required by the Growth
interest of the City at large; Management Act:
4. To facilitate the democratic determination 1. A land use element designating the pro-
and implementation of City policies and posed distribution, location and extent of the
development; uses of land.
5. To effect coordination in development; 2. A transportation element that is consis-
tent with the land use element and includes
6. To inject long-range considerations into land use assumptions, an inventory of facili-
the determination of short-range actions; ty and service needs, service standards, fi-
nancing needs and a reassessment of land
7. To provide professional and technical use, if service standards cannot be met.
knowledge in the decisions affecting develop-
ment of the City; and 3. A housing element containing an inventory
of needs, policies for protection and develop-
8. To guide future development and growth ment of housing for all economic segments of
in the City that is consistent with the goals the community and identifying sufficient
Nate
and objectives of the Growth Management land for housing.
Act as defined in RCW 36.70A.020 Planning
Goals. 4. A utilities element consistent of an inven-
tory of needs and policies for the develop-
E. The Comprehensive Plan is intended to help ment of utilities and the location, proposed
resolve some of the dilemmas confronting location and capacity of all existing and pro-
Municipal officials and the people they repre- posed utilities.
sent, and to provide a coordinated approach
to local and regional problem solving. 5. A capital facilities element that includes
an inventory of all capital facilities, forecast
F. The planning horizon for the Comprehensive of future needs, proposed location of new or
Plan is twenty (20) years. In order for the expanded facilities, a six (6) year funding
Plan to remain effective, it should be re- plan and a reassessment of the land use
viewed periodically. Conditions might element, if funding falls short.
change, and unforeseen events may occur,
which might necessitate a re-evaluation. It is B. The Comprehensive Plan may include any or
recommended that the Comprehensive Plan all of the following optional elements:
should be reviewed in its entirety at least
once every ten (10) years, as many of the 1. A shoreline element setting forth policies
goals, objectives and policies supplement and concerning economic development; public
complement each other, but it may also be access and circulation; recreation; urban
revised through annual amendments as al- design, conservation, restoration and natural
Nolif
494
City of Renton
4-3-3
4-3-4
environment; and historical, cultural, scien- principles, objectives and policies set forth
tific and educational values; herein. To fulfill the requirements of RCW
35.63 and 36.70A, and in the interest of
2. An economic element utilizing an economic public safety, health, morals and the general
base by standard industrial employment welfare, the following instruments of official
categories and indicating employment levels implementation among others, will be devel-
and trends, capital employee ratios and po- oped in detail, to embody the necessary con-
tential sites for major economic expansion; trols, regulations, standards and penalties,
and upon adoption by the City Council will
3. An environmental element indicating envi- implement the Comprehensive Plan:
ronmental conditions and natural processes
including climate, air quality, geology, hy- 1. Title IV- Building Regulations:
drology, vegetation, wildlife, fisheries and
other natural factors that affect or would be Chapter 1 Arterials and Street Plan
affected by development; Chapter 2 Community Facilities Plan
Chapter 3 Comprehensive Plan
4. A disaster element identifying areas, sites Chapter 9 Land Clearing and Tree Cutting
or structures of historical, archaeological, Ordinance
architectural, ecological or scenic signifi- Chapter 10 Mining, Excavation and Grading •
cance; Ordinance
Chapter 11 Mobile Home Parks
5. A conservation element; Chapter 13 Occupancy Permits
Chapter 14 Parking and Loading Ordinance
6. A solar energy element; Chapter 15 Planned Unit Development
(PUD) Ordinance
7. A recreation and open space element that Chapter 20 Sign Code
provides a comprehensive system of areas for Chapter 22 Storm and Surface Water
recreation, parks, playgrounds and other Drainage
recreational and open space facilities; Chapter 23 Underground Installation of
Utility Lines
8. Subarea plans, where appropriate, consis- Chapter 31 Zoning Code
tent with the Comprehensive Plan. Chapter 32 Wetlands Management
C. The land use element map maintained on 2. Title VIII - Health and Sanitation
display in the City Council chambers, illus-
trates in broad and general terms the desired Chapter 2 Storm and Surface Water
development of the City during the twenty Drainage
(20) year planning period. The use areas Chapter 3 Protection of Water Supply
shown thereon indicate the principles which Chapter 4 Water
are intended to guide implementation of this Chapter 5 Sewers
development program. (Ord. 4437, 2-21-94) Chapter 6 Solid Waste Utility
Chapter 7 Noise Level Regulations
Chapter 8 Aquifer Protection
4-3-4: IMPLEMENTATION:
3. Title IX - Public Ways and Property
A. In order to fully accomplish the objectives
and principles of this Comprehensive Plan, Chapter 12 Subdivision Regulations
and as same may be amended from time to
time, all resolutions and ordinances of the 4. Title X - Traffic
City concerned with the development and
welfare of the community and its people shall Chapter 10 Parking Regulations
be considered in the light of and related in (Ord. 4437, 2-21-94)
494
City of Renton
4-3-4 4-3-5
B. The Planning Commission, in conducting Commission and City Council shall consider
area land use analysis, may from time to private Comprehensive Plan amendments in
IMO
time recommend to the City Council new the same manner as any other Comprehen-
short-range programs and area-wide zonings sive Plan amendment request, except that a
to implement the recommended amendments fee shall be charged for private amendments.
to the Comprehensive Plan. In formulating
its recommendations to the City Council, the C. Concurrent Rezone Process: To maintain
Planning Commission, and its advisory cora- consistency with the Comprehensive Plan,
mittees may conduct public hearings; howev- any rezoning that would be required by ap-
er, in any event all meetings of the Commis- proval of the proposed amendments to the
sion or its advisory committees shall be open Comprehensive Plan shall be considered
to the public pursuant to the Open Public concurrently with the proposed Comprehen-
Meeting Act of 1971. sive Plan changes.
C. Area-wide zoning shall be recommended to D. Subsequent Rezone Process: In those in-
the Mayor and the City Council by the Plan- stances where there is a rezone request
ning Commission after conducting a public which does not require an amendment to the
hearing thereon and may be thereafter Comprehensive Plan, the processing of the
adopted by the City Council upon completion rezone application shall be submitted to the
of at least one public hearing thereon. (Ord. administration. The applicant will have the
3976, 3-3-86) burden and duty of applying for and pursu-
ing the rezone. The rezone hearing shall be
held before the Hearing Examiner under the
4-3-5: AMENDMENT: procedures and rules of the Hearing Examin-
er. (Ord. 4437, 2-21-94)
A. Observe Development: It shall be the duty of
the Planning Commission to continue to
observe the development of the City and its
environs in relation to the Plan and to pre- yr
pare reports and submit same to the City
Council from time to time, and whenever
necessary, after proper study and delibera-
tion, amendments may be recommended by
the Commission to the City Council of this
Comprehensive Plan. Amendments to the
City's Comprehensive Plan shall be made
pursuant to the requirements set forth in the
Municipal Code.
B. Consideration: The City Council will consider
amendments to the Comprehensive Plan not
more than annually except for emergencies.
Proposed amendments may be submitted by
the Mayor, Planning Commission, City Coun-
cil or private parties. Proposed amendments
shall be submitted during the first quarter of
the year in which the amendments will be
considered. Comprehensive Plan amend-
*00
ments shall be given the highest priority in
the Planning Commission's work program,
and review shall be initiated within the sec-
ond quarter of the work year. The Planning
494
City of Renton
4-4-1
4-4-2
CHAPTER 4
ikibe
CONDOMINIUM CONVERSIONS
SECTION: COOPERATIVE: Any existing structure, including
surrounding land and improvements, which
4-4-1: Title contains one or more dwelling units and which: (a)
4-4-2: Definitions is owned by an association organized pursuant to
4-4-9: Application of Ordinance the Cooperative Association Act (RCW Chapter
4-4-4: Tenant Protections 23.86); or (b) is owned by an association with
4-4-5: Consumer Protections resident shareholders who are granted renewable
4-4-6: Administration, Penalties, Severability leasehold interests in housing units in the building.
COOPERATIVE UNIT: Any dwelling unit in a
cooperative.
4-4-1: TITLE: This Ordinance may be cited as CONVERSION OF CONDOMINIUMS: The filing of
the Condominium Conversion Ordinance. a declaration pursuant to the Horizontal Property
Regimes Act or the sale by a developer of
condominium units that were previously rental
4-4-2: DEFINITIONS: The following words units.
and phrases used in this Ordinance
shall have the meanings set forth below: CONVERSION OF COOPERATIVE: The execution
of a lease agreement by a member of a cooperative
ACCEPTANCE OF OFFER OF SALE: A written association.
commitment for the purchase of a condominium
unit or interest in a cooperative at a specific price CONVERTED BUILDING: Any condominium or
and on specific terms. cooperative which formerly contained rental
dwelling units.
AGENT: Any person, firm, partnership, association,
joint venture, corporation or any other entity or DEVELOPER: Any person, firm, partnership,
combination of entities who represents or acts for association, joint venture or corporation or any
or on behalf of a developer in selling or offering to other entity or combination of entities or successors
sell any condominium or cooperative unit or thereto who (a) undertakes to convert, sell, or offer
interest in a cooperative. for sale condominium units, or (b) undertakes to
convert rental units to cooperative units or sell
BUILDING: Any existing structure containing one cooperative shares in an existing building which
or more dwelling units and any grouping of such contains housing units or lease units to a
structures which were operated as rental units as cooperative association's shareholders. The term
converted buildings are the subject of a single developer shall include the developer's agent and
declaration or simultaneous declarations filed any other person acting on behalf of the developer.
pursuant to the Horizontal Property Regimes Act
(RCW Chapter 64.32). EVICTION: Any effort by a developer to remove a
tenant from the premises or terminate a tenancy
CONDOMINIUM: Any existing structure containing by lawful or unlawful means.
three (3) or more dwelling units as defined in the
Housing Code: (a) which is the subject of a HOUSING CODE: The Renton Housing Code as
declaration filed pursuant to the Horizontal codified in Title 4, Chapter 26, Code of General
Property Regimes Act (RCW Chapter 64.32); or (b) Ordinances of the City of Renton, as amended.
in which there is private ownership of individual
units and common ownership of common areas. OFFER OF SALE TO TENANT: A written offer to
sell a condominium or cooperative unit to the
CONDOMINIUM UNITS: Any dwelling unit in a tenant in possession of that unit at a specific price
condominium. and on specific terms.
sre
490
I
4-4-2 4-4-4
OFFER FOR SALE TO PUBLIC: Any advertise- buildings at the time the notices, offers and
ment, inducement solicitation, or attempt by a disclosures provided by this Ordinance are
developer to encourage any person other than a required to be delivered. This Ordinance shall
tenant to purchase a condominium or cooperative not apply to tenants who take possession of a
IS
unit. unit vacated by a tenant who has received
the notices and other benefits provided by
OWNER'S ASSOCIATION: The association formed this Ordinance; provided, that developers shall
by owners of units in a condominium or cooperative disclose in writing to all tenants who take
unit. possession after service of the notice required
by Section 4-4-4 of this Ordinance, that the
PERSON: Any individual, corporation, partnership, unit has been sold or will be offered for sale
association, trustee or other legal entity. as a condominium or cooperative. This
disclosure shall be made prior to the
RENTAL UNIT: Any dwelling unit, other than a execution of any written rental agreement or
detached single-family residential dwelling, which is prior to the tenant's taking possession,
occupied pursuant to a lawful rental agreement, whichever occurs earlier. A developer's failure
oral or written, express or implied, which was not to disclose, within the time specified above,
owned as a condominium unit or cooperative unit that the unit has been sold or offered for sale
on the effective date of this Ordinance. A dwelling shall entitle the tenant to all the protections
unit in a converted building for which there has and benefits of this Ordinance.
been no acceptance of an offer of sale on the
effective date of this Ordinance shall be considered
a rental unit. 4-4-4: TENANT PROTECTIONS:
SUBTENANT: A person in possession of a rental A. Notice to Tenants of Filing of Conversion
unit through the tenant with the knowledge and Declaration: Within seven (7) days of the
consent, express or implied, of the owner. filing of a condominium conversion declaration
as provided by the Horizontal Property
TENANT: Any person who occupies or has a lease- Regimes Act (RCW Chapter 64.32) the
hold interest in a rental unit under a lawful rental developer shall:
agreement whether oral or written, express or
implied. 1. Send to each tenant in the converted build-
ing, by registered or certified mail, return NS
receipt requested, written notice of the filing.
4-4-3: APPLICATION OF ORDINANCE: A tenant's refusal to accept delivery shall be
deemed adequate service.
A. Application to Conversion of Condominiums
and Cooperatives: This Ordinance shall apply 2. File notice of the filing of such declaration
only to the conversion and sale of rental units with the City Clerk, giving the date of filing,
that have not yet been converted to condo- file or recording number, office where filed,
minium or cooperative units, and to those location and address of the structure and
units in converted buildings that are not number of dwelling units contained within the
subject to a binding purchase commitment or structure, and the name, address and phone
have not been sold on the effective date of numbers of the owner(s), managers and
this Ordinance. This Ordinance shall not persons responsible for the management of
apply to condominium or cooperative units the structure.
that are vacant on October 24, 1979, and
which have been offered for sale prior to that B. Notice to All Tenants Prior to Offering Any
date; provided, that any tenant who takes Unit for Sale to the Public as a Condominium
possession of the unit after October 24, 1979, or Cooperative Unit: At least one hundred
shall be provided the disclosures required by twenty (120) days prior to offering any rental
Section 4-4-4 of this Ordinance and shall be unit or units for sale to the public as a
entitled to the benefits of that Section if the condominium unit or cooperative unit, the
required disclosures are not given. developer shall deliver to each tenant in the
building written notice of his intention to sell
B. Application to Tenants: This Ordinance shall the unit or units. The notice shall specify the
apply only to those tenants and subtenants individual units to be sold and the sale price
who occupy rental units in converted
490
4-4-4 4-4-5
B) of each unit. This notice shall be in addition unit in the building by tenants and
to and not in lieu of the notices required for subtenants shall extend to the end of the one
'rrrw eviction by RCW 59.12 and 59.18, and shall hundred twenty (120) day notice period
be delivered as provided in Section 4-4-4A1 of provided the tenant is in possession of that
this Ordinance. With the notice the developer unit under Section 4-4-4C. Whenever all
shall also deliver to the tenant a statement, tenants and subtenants in a building have
in a format to be provided by the Building indicated in writing their intention not to
Department, of the tenant's rights under this purchase a unit or the one hundred twenty
Ordinance. (120) day notice period has expired and that
unit is or becomes vacant then the developer
C. Purchase Rights of Tenant in Possession: may offer for sale and sell the unit to the
With the notice provided in Section 4-4-4 public.
above, the developer shall deliver to each
tenant whose unit is to be offered for sale, a G. No Subsequent Sale on Better Terms: For a
firm offer of sale of the unit that the tenant period of one year following the date of the
occupies. In the event that more than one offers provided in Section 4-4-4C, E and F, no
tenant occupies a single unit, the developer offer shall be extended by the developer on
shall deliver the offer to all tenants jointly or terms more favorable in any respect than the
separately. For one hundred twenty (120) offer previously extended to the tenant and/or
days from the date of delivery of the offer the subtenant unless the more favorable offer is
tenant shall have the exclusive right to first extended to the tenant and/or subtenant
purchase his or her unit on the terms offered. as required by Sections 4-4-4C, E and F for a
period of not less than thirty (30) days.
D. Purchase Rights of Tenants Whose Units are
Offered for Sale Prior to Effective Date of H. Evictions Only for Good Cause During Notice
Ordinance: Tenants of rental units which Period: No condominium or cooperative unit
were offered for sale as condominium or shall be sold or offered for public sale if, in
cooperative units prior to the effective date of the one hundred twenty (120) day period
this Ordinance but for which offers there immediately preceding the sale or offer for
have been no acceptances, shall be entitled to public sale, any tenant has been evicted
*are the rights and benefits of this Ordinance without good cause. For the purposes of this
except that those rights provided by Section Ordinance good cause shall mean: (1) failure
4-4-4F of this Ordinance shall terminate sixty to pay rent after service of a three (3) day
(60) days from the offer of sale of the unit to notice to pay rent or vacate as provided in
the tenant. RCW 59.12.030(3); (2) failure to comply with
a term or terms of the tenancy after service
E. Subtenant's Purchase Rights: Should a tenant of a ten (10) day notice to comply or vacate
reject an offer of sale, the subtenant in as provided in RCW 59.12.030(4), and (3) the
possession at the time the notice provided in commission or permission of a waste or the
Section 4-4-4 is delivered, shall be offered the maintenance of a nuisance on the premises
unit on the same terms as those offered the and failure to vacate after service of a three
tenant. For thirty (30) days following that (3) day notice as provided in RCW
offer or until the expiration of the tenants 59.12.030(5).
one hundred twenty (120) day option period
as provided in Section 4-4-4, whichever occurs I. Tenant's Right to Vacate: Tenants who receive
later, the subtenant shall have the exclusive one hundred twenty (120) day notices of sale
right to purchase the unit on the terms may terminate their tenancies at any time
offered to the tenant. during such period in the manner provided by
RCW 59.18.200 and RCW 59.18.220, but will
F. Rights of Tenants in Converted Buildings to forfeit all rights to purchase a unit.
Purchase Other Units in the Buildings:
Should both the tenant and subtenant reject
the offer or sale or fail to notify of the 4-4-5: CONSUMER PROTECTIONS:
acceptance of the offer within the time
periods set forth in Sections 4-4-4C and E or A. Mandatory Housing Code Inspection and Re-
vacate, the unit shall be made available for pair; Notice to Buyers and Tenants: Prior to
purchase to other tenants and subtenants in delivery of the one hundred twenty (120) day
the building. The right to purchase another
490
imarmairessor
4-4-5 4-4-5
A) notice described in Section 4-4-4B above, disclosures required by previous sections of
developers shall, at their expense, request an this Ordinance, the developer shall make
inspection of the entire building by the available at a place on the premises
Building Department for compliance with the convenient to the tenants during normal
housing and fire codes. The inspection shall working hours the following information to
be completed within forty five (45) days of a prospective purchasers at least three (3) days
developer's request unless the developer fails before any purchase commitment is signed, or,
to provide or refuses access to Building and/or in the case of existing tenants, with the one
Fire Department personnel. The developer hundred twenty (120) day notice provided in
shall be required to install an approved fire Section 4-4-4B above: (1) copies of all
alarm and smoke detector system in accord- documents filed with any governmental
ance with Title 7 and Chapter 21 of Title 4, agency pursuant to the Horizontal Property
of the Code of General Ordinances of the City Regimes Act (RCW Chapter 64.32); (2) an
of Renton. The installation of the fire alarm itemization of the specific repairs and
system and all violations of the housing code improvements made to the entire building
revealed by the inspection must be completed during the six (6) months immediately
and corrected at least seven (7) days prior to preceding the offer for sale; (3) an itemization
the closing of the sale of the first unit or by of the repairs and improvements to be
the compliance date on the inspection report, completed before close of sale; (4) a statement
whichever is sooner. A follow-up inspection for of the services and expenses which are being
compliance shall be completed within seven paid for by the developer but which will in
(7) days of the developer's request. A copy of the future be terminated, or transferred to
the building inspection report and certification the purchaser, or transferred to the owners'
of repairs shall be provided by the developer association; (5) an accurate estimate of the
to each prospective purchaser at least three useful life of the building's major components
(3) days before the signing of an earnest and mechanical systems (foundation, exterior
money agreement or other binding purchase walls, exterior wall coverings other than paint
commitment. Copies of the inspection report or similar protective coating, exterior stairs,
shall be delivered to tenants in the converted floors and floor supports, carpeting in common
building by the developer with the notice of areas, roof cover, chimneys, plumbing system,
sale as provided in Section 4-4-4B. An heating system, water heating appliances, 1
inspection fee of one hundred dollars ($100.00) mechanical ventilation system, and elevatorlailli
for the first unit and fifteen dollars ($15.00) equipment) and an estimate of the cost of
per unit thereafter shall be paid by the repairing any component whose useful life will
developer whenever an inspection is requested terminate in less than five (5) years from the
as required herein. date of this disclosure. For each system and
component whose expected life cannot be
B. Certification of Repairs: For the protection of accurately estimated, the developer shall
the general public, the Building Department provide a detailed description of its present
shall inspect the repairs of defective condition and an explanation of why no
conditions identified in the inspection report estimate is possible. In addition, the developer
and certify that the violations have been shall provide an itemized statement in budget
corrected. The certification shall state that form of the monthly costs of owning the unit
only those defects discovered by the housing that the purchaser intends to buy. The
code inspection and listed on the inspection itemization shall include but shall not be
report have been corrected and that the limited to: (a) payments on purchase load; (b)
certification does not guarantee that all taxes; (c) insurance; (d) utilities (which shall
housing code violations have been corrected. be listed individually); (e) homeowner's assess-
Prior to the acceptance of any offer, the ments; (f) the projected monthly assessment
developer shall deliver a copy of the needed for replacing building components and
certificate to the purchaser. No developer, systems whose life expectancy is less than
however, shall use the Building Official's five (5) years; and (g) a statement of the
certification in any advertising for the purpose budget assumptions concerning occupancy and
of inducing a person to purchase a condo- inflation factors.
minium or cooperative unit.
D. Warranty of Repairs; Set Aside for Repairs:
C. Disclosure Requirements: In addition to the Each developer shall warrant for one year
i
4-4-5 4-4-6
D) from the date of completion all improvements 4-4-4B of the Ordinance, the developer's offer
and repairs disclosed pursuant to Section to sell, and all disclosure documents shall be
%r 4-4-4C of this Ordinance. delivered to the tenants in a converted build-
ing at a meeting between the developer and
E. Unlawful Representations: It shall be unlaw- the tenants. The meeting shall be arranged
ful for any developer, agent or person to by the developer at a time and place con-
make or cause to be made in any disclosure venient to the tenants. At the meeting the
or other document required by this Ordinance, developer shall discuss with the tenants the
any statement or representation that is know- effect that the conversion will have upon the
ingly false or misleading. It shall also be tenants. Should any tenant refuse to acknow-
unlawful for any developer, agent or other ledge acceptance of the notice, offer and dis-
person, to make, or cause to be made, to any closures, the developer shall deliver the docu-
prospective purchaser, including a tenant, any ments in the manner prescribed in this sub-
oral representation which differs from the section.
statements made in the disclosures and other
documents required to be provided tenants H. Acceptance of Offers: Acceptance by tenants
and purchasers by this Ordinance. or other beneficiaries of offers provided pur-
suant to this Ordinance, shall be in writing
F. Purchaser's Right to Rescind: Any purchaser and delivered to the developer by registered
who does not receive the notices, disclosures or certified mail, return receipt requested,
and documents required by this Ordinance postmarked on or before the expiration date
may, at any time prior to closing of the sale, of the offer.
rescind, in writing, any binding purchase
agreement without any liability on the pur-
chaser's part and the purchaser shall there- 4-4-6: ADMINISTRATION, PENALTIES,
upon be entitled to the return of any deposits SEVERABILITY:
made on account of this agreement.
A. Administration: The Building Department is
G. Delivery of Notice and Other Documents: charged with the administration and enforce-
Unless otherwise provided, all notices, con- ment of this Ordinance and is authorized and
%sir tracts, disclosures, documents and other writ- directed to adopt, promulgate, amend and
ings required by this Ordinance shall be rescind administrative rules consistent with
delivered by registered or certified mail, re- the provisions of this Ordinance and neces-
turn receipt requested. The refusal of regis- sary to carry out the duties of the Building
tered or certified mail by the addressee shall Official hereunder. (Ord. 3366, 10-15-79, eff.
be considered adequate delivery. All docu- 10-24-79)
ments shall be delivered to tenants at the
address specified on the lease or rental agree- B. Complaints: Any person subjected to any un-
ment between the tenant and the developer lawful practice as set forth in this Ordinance
or landlord. If there is no written lease or may file a complaint in writing with the
rental agreement then documents shall be Building Department. The Building Depart-
delivered to the tenants' address at the con- merit is hereby authorized and directed to
verted building or the last known address of receive complaints and conduct such investiga-
the tenant, if other than the address at the tions as are deemed necessary. Whenever it is
converted building. In any sublet unit all determined that there has been a violation of
documents shall be delivered to the tenant at this Ordinance the Building Department is
his current address, if known, and to the authorized to send written notice of said
subtenant in possession. If the tenant's cur- violation to the person responsible for the
rent address is unknown, then two (2) copies violation. If, within ten (10) days of said no-
of all documents shall be delivered to the tice, the responsible person makes written re-
subtenant, one addressed to the tenant and quest for reconciliation, the applicable depart-
the other addressed to the subtenant. Deliv- merit director is authorized to attempt to con-
ery of the one hundred twenty (120) day ciliate the matter by conference or otherwise
notice of intention to sell required by Section and secure a written conciliation agreement.
Now'
692
City of Renton
4-4-6 4-4-6
B) In the event that conciliation is not achieved,
the applicable department director is author-
ized to issue a civil infraction or criminal 44110
citation in accordance with Section 4-33-4.
(Ord. 4351, 5-4-92)
C. Hardship Relief, Waiver: The City Council is
authorized to waive strict compliance with
this Ordinance in specific individual instances
where the developer can show with clear,
cogent and convincing evidence that: 1) the
financial burden required to comply would
greatly outweigh the benefits and would cre-
ate an unreasonable hardship upon the devel-
oper; or 2) the units have been offered for
sale as condominium units prior to the effec-
tive date of this Ordinance and the developer
has incurred significant financial obligations
with the intention of meeting such obligations
with the proceeds of the sale of such units,
and the provisions of this Ordinance will
prevent meeting such obligation. (Ord. 3366,
10-15-79, eff. 10-24-79)
D. Penalties: Penalties for any violation of any of
the provisions of this Chapter shall be in
accord with Chapter 33 of Title IV. (Ord.
4351, 5-4-92)
E. Severability: If any section, subsection, sen-
tence, clause, phrase or portion of this Or44110
-
dinance is for any reason held invalid or
unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a
separate, distinct and an independent provi-
sion and such decision shall not affect the
validity of the remaining portions thereof.
(Ord. 3366, 10-15-79, eff. 10-24-79)
692
City of Renton
4-5-1 4-5-6
CHAPTER 5
DANGEROUS BUILDING CODE
SECTION: such order, to repair, alter or improve such dwell-
ing, building or structure and to render it fit for
4-5-1: Adoption By Reference human habitation or other use, or to vacate and
4-5-2: Board Of Appeals close the dwelling, building or structure, if such
4-5-3: Duties Of The Hearing Examiner course of action is deemed proper, or to require
4-5-4: Act Not Exclusive the owner or party in interest, within the time so
4-5-5: Administrative Liability specified, to remove or demolish such dwelling,
4-5-6: Penalties building or structure, and if no appeal is filed
4-5-7: Severability from such order in the manner herein provided
for, then a copy of such order shall be filed with
the Auditor of King County. (Ord. 4546, 7-24-95)
4-5-1: ADOPTION BY REFERENCE: The
Uniform Code for the Abatement of 4-5-4: ACT NOT EXCLUSIVE: Nothing in
Dangerous Buildings, 1994 Edition, published by this Chapter shall be construed to abro-
the International Conference of Building Officials, gate or impair the power of the City or any de-
of which one copy has heretofore been filed and is partment thereof to enforce any provision of its
now on file in the office of the City Clerk and Charter or its ordinances or regulations, nor to
made available for examination by the public, is prevent or punish violations thereof, and any
hereby adopted by reference. (Ord. 4546, 7-24-95) powers conferred by this Chapter shall be in addi-
tion to and supplemental to powers conferred by
other laws, nor shall this Chapter be constructed
Now 4-5-2: BOARD OF APPEALS: The Board of to impair or limit in any way the power of the City
Appeals, under chapter 5 of the 1994 to define and declare nuisance and to cause their
Uniform Code for the Abatement of Dangerous removal or abatement by summary proceedings, or
Buildings, shall be the Hearing Examiner. (Ord. in any manner provided by law. (Ord. 4546,
4546, 7-24-95) 7-24-95)
4-5-3: DUTIES OF THE HEARING EXAM- 4-5-5: ADMINISTRATIVE LIABILITY: No
INER: The Hearing Examiner shall officer, agent or employee of the City
hold a hearing at the time and place specified in shall be personally liable for any damage that may
the complaint of the Building Official, in which all accrue to persons or property as a result of any
parties in interest shall be given the right to file act required or permitted in the discharge of his
an answer to the complaint, to appear in person or duties under this Chapter. Any suit brought
otherwise, and to give testimony; if after such against any officer, agent or employee of the City,
hearing the Hearing Examiner shall determine as a result of any act required or permitted in the
that such structure is, in fact, a "dangerous build- discharge of his duties under this Section, shall be
ing" as herein defined, the Examiner shall reduce defended by the City Attorney until the final de-
such findings of fact to writing, in support of such termination of the proceedings therein. (Ord.
determination and shall issue or cause to be is- 4546, 7-24-95)
sued and to be served upon the owner or party in
interest of any such dangerous building in the
manner provided herein for the service of the 4-5-6: PENALTIES: Penalties for any viola-
complaint, an order which shall require the owner tion of any of the provisions of this
or party in interest, within the time specified in
*iv
995
City of Renton
4-5-6 4-5-7
Chapter shall be in accord with Chapter 33 of
Title IV. (Ord. 4546, 7-24-93)
4-5-7: SEVERABILITY: If any provision of
this Chapter or its application to any
person or circumstance shall be held invalid, the
remainder of this Chapter or the application of the
provision to other persons or circumstances shall
not be affected thereby. (Ord. 4546, 7-24-95)
*1111110
995
City of Renton
4-6-1
4-6-1
CHAPTER 6
,, ENVIRONMENTAL ORDINANCE (SEPA)
SECTION: Part Six - Using Existing Environmental
Documents
Part One
4-6-20: Purpose of This Part and Adoption by
4-6- 1: Title Reference
4-6- 2: Intent
4-6- 3: Authority
Part Seven - SEPA and Agency Decisions
Part Two - General Requirements 4-6-21: Purpose of This Part and Adoption by
Reference
4-6- 4: Purpose of This Part and Adoption by 4-6-22: Substantive Authority
Reference 4-6-23: Appeals
4-6- 5: Additional Definitions 4-6-24: Notice, Statute of Limitations
4-6- 6: Designation of Responsible Official
Authority
4-6- 7: Lead Agency Determination and Part Eight - Definitions
Responsibilities
4-6- 8: Time Limits Applicable to the SEPA 4-6-25: Purpose of This Part and Adoption by
Process Reference
Part Three - Categorical Exemptions and Part Nine - Categorical Exemptions
Threshold Determinations
4-6-26: Adoption by Reference
4-6- 9: Purpose of This Part and Adoption by
Reference
4-6-10: Flexible Thresholds for Categorical Part Ten - Agency Compliance
Exemptions
4-6-11: Use of Exemptions 4-6-27: Purpose of This Part and Adoption by
4-6-12: Environmental Checklist Reference
4-6-13: Mitigated DNS 4-6-28: Environmentally Sensitive Areas
4-6-29: Fees
Part Four - Environmental Impact
Statement (EIS) Part Eleven - Forms
4-6-14: Purpose of This Part and Adoption by 4-6-30: Adoption by Reference
Reference 4-6-31: Effective Date
4-6-15: Preparation of EIS; Additional 4-6-32: Severability
Considerations
4-6-16: Additional Elements to be Covered in an
EIS
Part One
Part Five - Commenting
4-6-1: TITLE: This Ordinance shall be
4-6-17: Adoption by Reference hereinafter known as the Renton
4-6-18: Public Notice Environmental Ordinance, may be cited as such,
4-6-19: Designation of Official to Perform, will be hereinafter referred to as "this Ordinance",
Consulted Agency Responsibilities for and same shall be and constitute Chapter 6, Title
the City
vow
i
4-6-1 4-6-3
IV (Building Regulations) of Ordinance No. 4260 health or safety, or other undesirable and
known as the Code of General Ordinances of the unintended consequences;
City of Renton.
4. Preserve important historic, cultural and
natural aspects of our national heritage;
4-6-2: INTENT: The City of Renton adopts as
its own the policies and objectives of the 5. Maintain, wherever possible, an
State 19.2 Environmental Policy Act of 1971, as environment which supports diversity and
amended (RCW 43.21C). variety of individual choice;
A. The City, recognizing that man depends on 6. Achieve a balance between population and
his biological and physical surroundings for resource use which will permit high standards
food, shelter and other needs, and for cultural of living and a wide sharing of life's
enrichment as well, and recognizing further amenities; and
the profound impact of man's activity on the
interrelations of all components of the natural 7. Enhance the quality of renewable resources
environment, particularly the profound and approach the maximum attainable
influences of population growth, high density recycling of depletable resources.
urbanization, industrial expansions, resource
utilization and exploitation and new and C. The City recognizes that each person has a
expanding technological advances, and fundamental and inalienable right to a
recognizing further the critical importance of healthful environment and that each person
restoring and maintaining environmental has a responsibility to contribute to the
quality to the overall welfare and preservation and enhancement of the
development of man, declares that it is the environment.
continuing policy of the City, in cooperation
with Federal, State and other local D. To the fullest extent possible, the policies,
governments and in cooperation with other regulations and laws of the State of
concerned public and private organizations, to Washington and ordinances of the City shall
use all practicable means and measures in a be interpreted and administered in accordance
manner calculated to foster and promote the with the policies set forth in this Ordinance.
general welfare, to create and maintain IMO
conditions under which man and nature can E. To the fullest extent possible, the City will
exist in productive harmony, and fulfill the utilize a systematic, interdisciplinary approach
social, economic and other requirements of which will insure the integrated use of the
present and future generations of Washington natural and social sciences and the
citizens. environmental design arts in planning and in
decision making which may have an impact
B. In order to carry out the policy set forth in on man's environment.
this Ordinance, it is the continuing
responsibility of the City to use all practicable F. This Ordinance sets forth methods and
means, consistent with other essential procedures which will insure that presently
considerations of State and City policies, to unquantified environmental amenities and
improve and coordinate plans, functions, values will be given appropriate consideration
programs and resources to the end that the in decision making along with economic and
State and its citizens may: technical considerations.
1. Fulfill the responsibilities of each G. The policies and goals set forth in this
generation as trustees of the environment for Ordinance are supplementary to those set
succeeding generations; forth in existing authorizations of the State
and City.
2. Assure for all people of Washington safe,
healthful, productive and aesthetically and
culturally pleasing surroundings; 4-6-3: AUTHORITY: The City of Renton
adopts this Ordinance under the State
3. Attain the widest range of beneficial uses
of the environment without degradation, risk
to
4-6-3
4-6-7
Environmental Policy Act (SEPA), RCW 43.21C.120, EIS: Environmental Impact Statement.
and the SEPA rules, WAC 197-11-904. This Ordi-
nance contains this City's SEPA procedures and ERC: The Environmental Review Committee of the
policies. The SEPA rules, Chapter 197-11 WAC, City of:penton.
must be used in conjunction with this Ordinance.
The City of Renton possesses the authority to deny ORDINANCE: The ordinance, resolution, or other
or condition actions in order to mitigate or prevent procedure used by the City to adopt regulatory
probable significant adverse environmental impacts. requirements.
This authority applies to all City activities includ-
ing actions as defined in this Ordinance, whether SEPA RULES: Chapter 197-11 WAC adopted by
or not such activities are considered to be minis- the Department of Ecology.
terial in nature.
4-6-6: DESIGNATION OF RESPONSIBLE
Part Two OFFICIAL AUTHORITY:
General Requirements
A. For those proposals for which the City is the
lead agency, the responsible official shall be
4-6-4: PURPOSE OF THIS PART AND the Environmental Review Committee (ERC).
ADOPTION BY REFERENCE: This The ERC shall consist of three (3) officials
part contains the basic requirements that apply to designated by the Mayor with concurrence by
the SEPA process. The City of Renton adopts the the City Council.
following sections of chapter 197-11 of the
Washington Administrative Code by reference: B. For all proposals for which the City is the
lead agency, the ERC shall make the
WAC threshold determination, supervise scoping
197-11-040 Definitions. and preparations of any required
197-11-050 Lead agency. environmental impact statement (EIS), and
197-11-055 Timing of the SEPA process. perform any other functions assigned to the
197-11-060 Content of environmental review. "lead agency" or "responsible official" by those
197-11-070 Limitations on actions during sections of the SEPA rules that were adopted
%- SEPA process. by reference in WAC 173-806-020.
197-11-080 Incomplete or unavailable
information. C. The ERC may develop further administrative
197-11-090 Supporting documents. and procedural guidelines for the administra-
197-11-100 Information required of tion by the responsible official of the
applicants. provisions of this Chapter.
D. The City shall retain all documents required
4-6-5: ADDITIONAL DEFINITIONS: In addi- by the SEPA rules (chapter 197-11 WAC) and
tion to those definitions contained within make them available in accordance with
WAC 197-11-700 through 197-11-799, when used in chapter 42.17 RCW.
this Ordinance, the following terms shall have the
following meanings, unless the context indicates
otherwise: 4-6-7: LEAD AGENCY DETERMINATION
AND RESPONSIBILITIES:
DNS: Determination of Nonsignificance.
A. The department within the City receiving an
DS: Determination of Significance. application for or initiating a proposal that
involves a nonexempt action shall determine
DEPARTMENT: Any division, subdivision or when the City is the lead agency for that
organizational unit of the City established by proposal under WAC 197-11-050 and
ordinance, rule, or order. 197-11-922 through 197-11-940; unless the
lead agency has been previously determined
EARLY NOTICE: The City's response to an the department is aware that another
applicant stating whether it considers issuance of a department or agency is in the process of
determination of significance likely for the determining the lead agency.
applicant's proposal (mitigated determination of
nonsignificance [DNS] procedures).
4-6-7 4-6-8
B. In those instances in which the City is the ten (10) days of submission of an adequate
lead agency, the ERC shall supervise and complete application.
compliance with the threshold determination
and, if an EIS is necessary, shall supervise B. Threshold Determinations:
preparation of the draft and final EIS.
1. Threshold determinations not requiring
C. When the City is not the lead agency for a further information from the applicant or
proposal, all departments of the City shall use consultation with agencies with jurisdiction
and consider, as appropriate, either the DNS should be completed within fifteen (15) days
or the final EIS of the lead agency in making of submission of an adequate application and
decisions on the proposal. The ERC shall not the completed check list.
prepare or require preparation of a DNS or
EIS in addition to that prepared by the lead 2. Threshold determinations requiring further
agency, unless required under WAC information from the applicant or consultation
197-11-600. In some cases, the City may with other agencies with jurisdiction should
conduct supplemental environmental review be completed within twenty (20) days of
under WAC 197-11-600. receiving the requested information from the
applicant or the consulted agency; requests by
D. If the City or any of its departments receives the City for such further information should
a lead agency determination made by another be made within twenty (20) days of the
agency that appears inconsistent with the submission of an adequate application and
criteria of WAC 197-11-922 through completed check list; when a request for
197-11-940, it may object to the further information is submitted to a
determination. Any objection must be made to consulted agency, the City shall wait a
the agency originally making the maximum of thirty (30) days for the consulted
determination and resolved within fifteen (15) agency to respond.
days of receipt of the determination, or the
City must petition the Department of Ecology 3. Threshold determinations which require
for a lead agency determination under WAC that further studies including, but not limited
197-11-946 within the fifteen (15) day time to, field investigations, be initiated by the
period. Any such petition on behalf of the City should be completed within thirty (30) '
City may be initiated by the ERC. days of submission of an adequate application
and the completed check list.
E. The ERC is authorized to make agreements
as to lead agency status or shared lead 4. Threshold determinations on actions where
agency duties for a proposal under WAC the applicant recommends in writing that an
197-11-942 and 197-11-944; provided, that the EIS be prepared, because of the probable
ERC and any department that will incur significant adverse environmental impacts
responsibilities as the result of such described in the application, shall be
agreement approved the agreement. completed within twenty (20) days of
submission of an adequate application and the
F. Any department making a lead agency completed check list.
determination for a private project shall
require sufficient information from the 5. When a threshold determination is
applicant to identify which other agencies expected to require more than twenty (20)
have jurisdiction over the proposal. days to complete and a private applicant
requests notification of the date when a
threshold determination will be made, the
4-6-8: TIME LIMITS APPLICABLE TO THE ERC or its agent shall transmit to the private
SEPA PROCESS: The following time applicant a written statement as to the
limits (expressed in calendar days) shall apply to expected date of decision.
the processing of all private projects and to those
governmental proposals submitted to this City by C. Additional Timing Considerations:
other agencies:
1. For nonexempt proposals, the DNS or Final
A. Categorical Exemptions: Identification of EIS for the proposal shall accompany the
categorically exempt actions shall occur within
4-6-8
4-6-11
Cl) City's staff recommendation to the Hearing B. Whenever the City establishes new exempt
Examiner or other appropriate advisory body, levels under this Section, it shall send them to
such as the Planning Commission. the Department of Ecology, Headquarters
'otirv' Office, Olympia, Washington, 98504 under
2. If the City's only action on a proposal is a WAC 197-11-800(1)(c).
decision on a building permit or other license
that requires detailed project plans and speci-
fications, the applicant may request in writing 4-6-11: USE OF EXEMPTIONS:
that the ERC conduct an environmental re-
view prior to submission of detailed plans and A. Each department within the City that receives
specification. A completed environmental an application for a license or, in the case of
checklist shall be submitted along with the governmental proposals, the department
appropriate environmental fees. The ERC may initiating the proposal, shall determine
require specific detailed information at any whether the license and/or the proposal is
time. exempt. The department's determination that
a proposal is exempt shall be final and not
Part Three subject to administrative review. If a proposal
Categorical Exemptions and Threshold is exempt, none of the procedural require-
Determinations ments of this Ordinance apply to the proposal.
The City shall not require completion of an
environmental checklist for an exempt
4-6-9: PURPOSE OF THIS PART AND proposal.
ADOPTION BY REFERENCE: This
part contains the rules for deciding whether a B. In determining whether or not a proposal is
proposal has a "probable significant, adverse exempt, the department shall make certain
environmental impact" requiring an environmental the proposal is properly defined and shall
impact statement (EIS) to be prepared. This part identify the governmental licenses required
also contains rules for evaluating the impacts of (WAC 197-11-060).
proposals not requiring an EIS. The City adopts the
following sections by reference, as supplemented in C. A department which is determining whether
this part: or not a proposal is exempt shall ascertain the
Now
total scope of the proposal and the govern-
WAC mental licenses required. If a proposal
197-11-300 Purpose of this part. includes a series of actions, physically or
197-11-305 Categorical exemptions. functionally related to each other, some of
197-11-310 Threshold determination required. which are exempt and some which are not,
197-11-315 Environmental checklist. the proposal is not exempt. For any such
197-11-330 Threshold determination process. proposal, the lead agency shall be determined,
197-11-335 Additional information. even if the license application which triggers
197-11-340 Determination of nonsignificance the department's consideration is otherwise
(DNS). exempt. If the lead agency is the City, then
197-11-350 Mitigated DNS. the responsible official shall be designated as
197-11-360 Determination of significance defined in Section 4-6-6.
(DS)/initiation of scoping.
197-11-390 Effect of threshold determination. D. If a proposal includes both exempt and
nonexempt actions, exempt actions may be
authorized with respect to the proposal prior
4-6-10: FLEXIBLE THRESHOLDS FOR to the compliance with the procedural
CATEGORICAL EXEMPTIONS: requirements of these guidelines except that:
A. The City of Renton establishes the following 1. The City shall not give authorization for:
exempt levels for minor new construction
under WAC 197-11-800(AXb) based on local a. Any nonexempt action;
conditions:
b. Any action that would have an
For landfills and excavations in WAC adverse environmental impact;
197-11-800(a)(b)(v): Up to five hundred (500)
cubic yards.
4-6-11 4-6-13
D1) c. Any action that would limit the choice information on previous proposals or on
of alternatives; or, proposals currently under consideration.
d. Any action that will irrevocably ,moi
commit the City to approve or authorize a 4-6-13: MITIGATED DNS:
major action.
A. As provided in this Section and in WAC
2. A department may withhold approval of an 197-11-350, the ERC may issue a DNS based
exempt action that would lead to modification on changes to, or clarifications of, the proposal
of the physical environment, when such made by the applicant.
modification would serve no purpose if
nonexempt action(s) were not approved; and B. An applicant may request in writing early
notice of whether a DS is likely under WAC
3. A department may withhold approval of 197-11-350. The request must:
exempt actions that would lead to substantial
financial expenditures by a private applicant 1. Follow submission of an environmental
when the expenditures would serve no purpose checklist for a nonexempt proposal for which
if nonexempt action(s) were not approved. the City is lead agency; and
2. Precede the City's actual threshold
4-6-12: ENVIRONMENTAL CHECKLIST: determination for the proposal.
A. A completed environmental checklist (or a C. The ERC should respond to the request for
copy), in the form provided in WAC early notice within fifteen (15) working days.
197-11-960, shall be filed at the same time as The response shall:
an application for a permit, license, certificate,
or other approval not specifically exempted in 1. Be written;
this Ordinance; except, a checklist is not
needed if the ERC and applicant agree an EIS 2. State whether the ERC currently considers
is required, SEPA compliance has been issuance of a DS likely and, if so, indicate the
completed, or SEPA compliance has been general or specific area(s) of concern that
initiated by another agency. The department is/are leading the ERC to consider a DS; and
within the City receiving the application or
initiating the action shall use the 3. State that the applicant may change or
environmental checklist to determine the lead clarify the proposal to mitigate the indicated
agency. If the City is the lead agency, the impacts, revising the environmental checklist
ERC shall use the environmental checklist for and/or permit application as necessary to
making the threshold determination. reflect the changes or clarifications.
B. For private proposals, the department within D. As much as possible, the ERC should assist
the City receiving the application will require the applicant with identification of impacts to
the applicant to complete the environmental the extent necessary to formulate mitigation
checklist, providing assistance as necessary. measures.
For City proposals, the department initiating
the proposal shall complete the environmental E. When an applicant submits a changed or
checklist for that proposal. clarified proposal, along with a revised or
amended environmental checklist, the ERC
C. The ERC may require that it, and not the shall base its threshold determination on the
private applicant, will complete all or part of changed or clarified proposal and should make
the environmental checklist for a private the determination within twenty (20) days of
proposal, if either of the following occurs: receiving the changed or clarified proposal:
1. The City has technical information on a 1. If the ERC indicated specific mitigation
question or questions that is unavailable to measures in its response to the request for
the private applicant; or early notice, and the applicant changed or
clarified the proposal to include those specific
2. The applicant has provided inaccurate
1
4-6-13 4-6-15
El) mitigation measures, the ERC shall issue and 197-11-405 EIS types.
circulate a DNS under WAC 197-11-340(2). 197-11-406 EIS timing.
*Iiirr 197-11-408 Scoping.
2. If the ERC indicated areas of concern, but 197-11-410 Expanded scoping. (Optional)
did not indicate specific mitigation measures 197-11-420 EIS preparation.
that would allow it to issue a DNS, the ERC 197-11-425 Style and size.
shall make the threshold determination, issuing 197-11-430 Format.
a DNS or DS as appropriate. 197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject
3. The applicant's proposed mitigation proposal.
measures (clarifications, changes or conditions) 197-11-443 EIS contents when prior
must be in writing and must be specific. For nonproject EIS.
example, proposals to "control noise" or 197-11-444 Elements of the environment.
"prevent stormwater runoff' are inadequate, 197-11-448 Relationship of EIS to other
whereas proposals to "muffle machinery to X considerations.
decibel" or "construct two hundred foot (200') 197-11-450 Cost-benefit analysis.
stormwater retention pond at Y location" are 197-11-455 Issuance of DEIS.
adequate. 197-11-460 Issuance of FEIS.
4. Mitigation measures which justify issuance of
a mitigated DNS may be incorporated in the 4-6-15: PREPARATION OF EIS; ADDITION-
DNS by reference to agency staff reports, AL CONSIDERATIONS:
studies or other documents.
A. Preparation of draft and final EIS (DEIS and
F. A mitigated DNS is issued under WAC FEIS) and draft and final supplemental EIS's
197-11-340(2), requiring a fifteen (15) day (SEIS) is the responsibility of the ERC. Before
comment period and public notice. the City issues an EIS, the ERC shall be
satisfied that it complies with this Ordinance
G. Mitigation measures incorporated in the and Chapter 197-11 WAC.
mitigated DNS shall be deemed conditions of
Niao approval of the permit decision and may be B. The DEIS and FEIS or draft and final SEIS
enforced in the same manner as any term or shall be prepared by City staff, the applicant, or
condition of the permit, or enforced in any by a consultant selected by the City through its
manner specifically prescribed by the City. consultant selection process. If the ERC
requires an EIS for a proposal and determines
H. The ERC's written response under subsection B that someone other than the City will prepare
of this Section shall not be construed as a the EIS, the ERC shall notify the applicant
determination of significance. In addition, immediately after completion of the threshold
preliminary discussion of clarifications or determination. The ERC shall also notify the
changes to a proposal, as opposed to a written applicant of the City's procedure for EIS
request for early notice, shall not bid the ERC preparation, including approval of the DEIS
to consider the clarifications or changes in its and FEIS prior to distribution.
threshold determination.
C. The City may require an applicant to provide
information the City does not possess,
Part Four including, but not limited to, specific
Environmental Impact Statement (EIS) investigations. However, the applicant is not
required to supply information that is not
required under this Ordinance or that is being
4-6-14: PURPOSE OF THIS PART AND requested from another agency. (This does not
ADOPTION BY REFERENCE: This apply to information the City may request
part contains the rules for preparing environmental under another ordinance or statute.)
impact statements. The City adopts the following
sections by reference, as supplemented by this part: The ERC may refuse to process and consider a
private application further if the applicant fails
WAC or refuses to provide information required for
197-11-400 Purpose of EIS. the preparation of an adequate EIS.
197-11-402 General requirements.
fir►
892
City of Renton
4-6-16 4-6-18
4-6-16: ADDITIONAL ELEMENTS TO BE P.M. on the last date for filing will be
COVERED IN AN EIS: The ERC may considered an untimely filing. Any party
require the following additional elements as part of desiring to make a facsimile filing after four NINO
the environment for the purpose of EIS content, but o'clock (4:00) P.M. on the last day for the filing
these elements do not add to the criteria for must call the hearing examiner's office or other
threshold determination or perform any other City official with whom the filing must be made
function or purpose under this Ordinance. and indicate that the filing is being made by
facsimile and the number to which the facsimile
A. Economics, including the effects on both the copy is being sent. The filing party must ensure
public and private sector, that the facsimile filing is transmitted in
adequate time so that it will be completely
B. Cultural factors, received by the City before five o'clock (5:00)
P.M. In all instances in which filing fees are to
C. Quality of life, accompany the filing of an application, those
filing fees must be received by the City before
D. Neighborhood cohesion, the end of the business day on the last day of
the filing period or the filing will be considered
E. Sociological factors, and incomplete and will be rejected. (Ord. 4353,
6-1-92)
F. Image of the City. (Ord. 3891, 2-25-85)
4-6-18: PUBLIC NOTICE:
Part Five
Commenting A. Whenever the ERC of the City of Renton issues
a DNS under WAC 197-11-340(2) or a DS under
WAC 197-11-360(3) the ERC shall give public
4-6-17: ADOPTION BY REFERENCE: notice as follows:
A. This part contains rules for consulting, 1. If public notice is required for a nonexempt
commenting, and responding on all license, the notice shall state whether a DS or
environmental documents under SEPA, DNS has been issued and when comments are
including rules for public notice and hearings. due.
The City adopts the following sections by
reference, as supplemented in this part: 2. If no public notice is required for the permit
or approval, the City shall give notice of the
WAC DNS or DS by:
197-11-500 Purpose of this part.
197-11-502 Inviting comment. a. Posting the property, for site-specific
197-11-504 Availability and cost of proposals; and,
environmental documents.
197-11-508 SEPA register. b. Publishing notice in a newspaper of
197-11-535 Public hearings and meetings. general circulation in the county, city, or
197-11-545 Effect of no comment. general area where the proposal is located.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments. 3. Whenever the ERC issues a DS under WAC
197-11-570 Consulted agency costs to assist 197-11-360(3), the ERC shall state the scoping
lead agency. procedure for the proposal in the DS as re-
quired in WAC 197-11-408 and in the public
B. Facsimile Filings: Whenever any application or notice.
filing is required under this Chapter, it may be
made by facsimile. Any facsimile filing received B. Whenever the ERC issues a DEIS under WAC
at the City after five o'clock (5:00) P.M. on any 197-11-455(5) or a SEIS under WAC
business day will be deemed to have been 197-11-620, notice of the availability of those
received on the following business day. Any documents shall be given by:
facsimile filing received after five o'clock (5:00)
892
City of Renton
4-6-18
4-6-22
1. Indicating the availability of the DEIS in a existing environmental documents prepared under
public notice required for a nonexempt li- SEPA or National Environmental Policy Act
cense; (NEPA) for the City's own environmental compli-
ance. The City adopts the following sections by
2. Posting the property, for site-specific pro- reference:
posals; and
WAC
3. Publishing notice in a newspaper of gener- 197-11-600 When to use existing
al circulation in the county, city, or general environmental documents.
area where the proposal is located. 197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental
C. Whenever possible, the ERC shall integrate impact statement - Procedures.
the public notice required under this Section 197-11-625 Addenda - Procedures.
with existing notice procedures for the City's 197-11-630 Adoption - Procedures.
nonexempt permit(s) or approval(s) required 197-11-635 Incorporation by reference -
for the proposal. Procedures.
197-11-640 Combining documents.
D. The ERC may require an applicant to com- (Ord. 3891, 2-25-85)
plete the public notice requirements for the
applicant's proposal at his or her expense.
(Ord. 3891, 2-25-85) Part Seven
SEPA and Agency Decisions
4-6-19: DESIGNATION OF OFFICIAL TO
PERFORM, CONSULTED AGENCY 4-6-21: PURPOSE OF THIS PART AND
RESPONSIBILITIES FOR THE CITY: ADOPTION BY REFERENCE: This
part contains rules (and policies) for SEPA's sub-
A. The ERC or its designate, shall be responsi- stantive authority, such as decisions to mitigate or
,e ble for preparation of written comments for reject proposals as a result of SEPA. This part
the City in response to a consultation re- also contains procedures for appealing SEPA de-
quest prior to a threshold determination, terminations to agencies or the courts. The City
participation in scoping, and reviewing a adopts the following sections by reference:
DEIS.
WAC
B. The ERC, or its designate, shall be responsi- 197-11-650 Purpose of this part.
ble for the City compliance with WAC 197-11-655 Implementation.
197-11-550 whenever the City is a consulted 197-11-660 Substantive authority and
agency and is authorized to develop operat- mitigation.
ing procedures that will ensure that respons- 197-11-680 Appeals.
es to consultation requests are prepared in a (Ord. 3891, 2-25-85)
timely fashion and include data from all
appropriate departments of the City. (Ord.
3891, 2-25-85) 4-6-22: SUBSTANTIVE AUTHORITY:
A. The policies and goals set forth in this Chap-
Part Six ter are supplementary to those in the exist-
Using Existing Environmental Documents ing authorization of the City of Renton, King
County.
4-6-20: PURPOSE OF THIS PART AND B. The City may attach conditions to a permit
ADOPTION BY REFERENCE: This or approval for a proposal so long as:
part contains rules for using and supplementing
495
City of Renton
4-6-22 4-6-22
1. Such conditions are necessary to mitigate proposal to the ERC for reconsideration.
specific probable adverse environmental Nothing in this provision shall be deemed to
impacts identified in environmental docu- limit the authority of the decision-maker to
ments prepared pursuant to this Chapter; impose conditions under SEPA beyond those
and recommended by ERC or to condition or deny
a proposal based upon other statutory au-
2. Such conditions are in writing; and thority.
3. The mitigation measures included in such E. The City designates and adopts by reference
conditions are reasonable and capable of the following policies as the basis for the
being accomplished; and City exercise of authority pursuant to this
Section:
4. The City has considered whether other
local, State or Federal mitigation measures 1. The City shall use all practicable means,
applied to the proposal are sufficient to miti- consistent with other essential consider-
gate the identified impacts; and ations of State policy, to improve and coordi-
nate plans, functions, programs and resourc-
5. Such conditions are based on one or more es to the end that the State and its citizens
policies in subsection E of this Section and may:
cited in the license or other decision docu-
ment. a. Fulfill the responsibilities of each gener-
ation as trustee of the environment for suc-
C. The City may deny a permit or approval for a ceeding generations;
proposal on the basis of SEPA so long as:
b. Assure for all people of Washington safe,
1. A finding is made that approving the pro- healthful, productive and aesthetically and
posal would result in probable significant culturally pleasing surroundings;
adverse environmental impacts that are
identified in a FEIS or final SEIS prepared c. Attain the widest range of beneficial
pursuant to this Chapter; and uses of the environment without degrada-
tion, risk to health or safety or other unde-
2. A finding is made that there are no rea- sirable and unintended consequences;
sonable mitigation measures capable of being
accomplished that are sufficient to mitigate d. Preserve important historic, cultural
the identified impact; and and natural aspects of our national heritage;
3. The denial is based on one or more policies e. Maintain, wherever possible, an environ-
identified in subsection E of this Section and ment which supports diversity and variety of
identified in writing in the decision docu- individual choice;
ment.
f. Achieve a balance between population
D. Where a FEIS or DNS has been prepared, and resource use which will permit high
the ERC may recommend to the standards of living and a wide sharing of
decision-maker those reasonable conditions life's amenities; and
necessary to mitigate or avoid the adverse
impacts of the proposal. Said recommenda- g. Enhance the quality of renewable re-
tion shall be adopted as a condition of ap- sources and approach the maximum attain-
proval, unless the decision-maker identifies able recycling of depletable resources.
in writing a substantial error in fact or con-
clusion by the ERC. Based upon such find- 2. The City recognizes that each person has a
ing, the decision-maker may revise the rec- fundamental and inalienable right to a
ommended conditions or may remand the healthful environment and that each person
495
City of Renton
4-6-22
4-6-23
has a responsibility to contribute to the pres- 1995 - Comprehensive Plan
ervation and enhancement of the environ- (Ord. 4527, 6-12-1995)
ment. (Ord. 3891, 2-25-1985)
F. Except for permits and variances issued
3. The City adopts by reference the policies pursuant to Chapter 19, Title IV of the City
in the following City codes, ordinances, reso- Code (Shoreline Master Program), when any
lutions and plans as they currently appear proposal or action is granted, conditioned, or
and as hereafter amended: denied on the basis of SEPA by a nonelected
official, the decision shall be appealable to
1976 - Planning Commission the Hearing Examiner under the provisions
1976 - Cedar River Master Plan of Section 4-6-23B. (Ord. 3891, 2-25-1985)
1983 - Comprehensive Solid Waste Manage-
ment Plan
1984 - Greenbelt Ordinance 4-6-23: APPEALS:
1984 - Green River Valley Plan
1987 - Subdivision Ordinance A. The City establishes the following adminis-
1987 - Fire Department Master Plan trative appeal procedures under RCW
1988 - Airport Master Plan 43.21C.075 and WAC 197-11-680:
1990 - Parking Regulations
1990 - King County Stormwater Manage- 1. Any agency or person may appeal the
ment Manual City's compliance with Chapter 197-11 WAC
1990 - Comprehensive Water System Plan for issuance of the following:
1991 - Uniform Fire Code
1991 - Uniform Mechanical Code a. A Final DNS: The appeal of the DNS
1991 - Uniform Building Code must be made to the Hearing Examiner with-
1991 - Uniform Housing Code in fourteen (14) days of the date the DNS is
1992 - Uniform Electrical Code final.
1992 - Comprehensive Park, Recreation And
Open Space Plan b. A DS: The appeal must be made to the
1992 - Long Range Wastewater Manage- Hearing Examiner within fourteen (14)
ment Plan
1992 - King County Comprehensive Housing
Affordability Strategy (CHAS)
1992 - Wetlands Ordinance
1992 - Aquifer Protection Ordinance
1992 - Mining, Excavation And Grading
Ordinance
1992 - Land Clearing And Tree Cutting
Regulations
1993 - Shoreline Master Plan
1993 - King County Solid Waste Manage-
ment Plan
1993 - Barrier-Free Regulations
1994 - Countywide Planning Policies
1994 - Six-Year Transportation Improve-
ment Plan; Zoning Code And
Areawide Zoning; Street Arterial
Plan; State Energy Code; Traffic
Mitigation Resolution And Fee;
Parks Mitigation Resolution And
Fee; Fire Mitigation Resolution And
Fee
496
City of Renton
4-6-23 4-6-23
Alb) days of the publication date of the DS in the 4. The examiner may hear and consider any
official City newspaper. pertinent facts pertaining to the appeal. The
Now examiner may affirm the decision or remand
c. An EIS: The appeal of the FEIS must the case for further proceedings; or it may
be made to the Hearing Examiner within reverse the decision if the substantial rights of
twenty (20) days of the date the permit or other the applicant may have been prejudiced be-
approval is issued. cause the decision is:
2. For any appeal under this subsection, the a. In violation of constitutional provisions;
City shall provide for a record that shall consist or
of the following:
b. In excess of the authority or jurisdiction
a. Findings and conclusions; of the agency; or
b. Testimony under oath; and c. Made upon unlawful procedure; or
c. A taped or written transcript. d. Affected by other error of law; or
3. The City may require the appellant to e. Clearly erroneous in view of the entire
provide an electronic transcript. record as submitted; or
4. The procedural determination by the ERC f. Arbitrary or capricious.
shall carry substantial weight in any appeal
proceeding. To that end, the Examiner shall have all of the
powers of the office from whom the appeal is
B. Applications to Examiner: Appeals from taken insofar as the decision on the particular
environmental determinations as set forth in issue is concerned.
this Ordinance may be taken to the Hearing
Examiner by any person aggrieved, or by any 5. Any appeal of the action of the Hearing
officer, department, board or bureau of the City Examiner in the case of appeals from environ-
affected by such determination. (Ord. 3891, mental determinations shall be joined with an
2-25-85) appeal of the substantive determination. If an
appeal from an environmental determination is
I. Any such appeal shall be filed in writing. to be made, notice of intent to appeal the
Facsimile filing of a notice of appeal is environmental determination must be given to
acceptable under the conditions set forth in the City within twenty (20) calendar days from
Renton City Code Section 4-6-17B. (Ord. 4353, the date of procedural decision. Appeal to the
6-1-92) Superior Court of the environmental decision
and the substantive determination must be
2. Immediately upon receipt of the notice of made within twenty (20) days of the sub-
appeal, the Hearing Examiner shall forward to stantive determination and must be made by
the officer from whom the appeal is being taken writ of review to the Superior Court of Wash-
a copy of the notice of appeal. Upon receiving ington for King County.
such notice, the officer from whom the appeal is
being taken shall transmit to the Hearing 6. There shall be no more than one appeal on a
Examiner all of the records pertaining to the procedural determination or environmental
decision being appealed, together with such determination such as the adequacy of a
additional written reports as are deemed determination of significance/nonsignificance or
pertinent. The examiner may request additional of a final environmental impact statement.
information from the applicant.
C. The City shall give official notice under WAC
3. A written notice of the time and place of the 197-11-680(5) whenever it issues a permit or
hearing at which the appeal shall be considered approval for which a statute or ordinance estab-
by the examiner shall be mailed to the lishes a time limit for commencing judicial
applicant, all parties of record in the case, and appeal.
to the officer from whom the appeal is taken
not less than ten (10) days prior to the date of
hearing.
892
City of Renton
4-6-24 4-6-25
4-6-24: NOTICE, STATUTE OF LIMITA- 197-11-758 Lead agency.
TIONS: 197-11-760 License. r
197-11-762 Local agency. l
A. 1. The City, applicant for, or proponent of any 197-11-764 Major action.
action may publish a notice of action pursuant 197-11-766 Mitigated DNS.
to RCW 43.21C.080 for any action. 197-11-768 Mitigation.
197-11-770 Natural environment.
2. The form of the notice shall be substantially 197-11-772 NEPA.
in the form provided in WAC 197-11-990. The 197-11-774 Nonproject.
notice shall be published by the City Clerk or 197-11-776 Phased review.
County Auditor, applicant or proponent 197-11-778 Preparation.
pursuant to RCW 43.21C.080. 197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
Part Eight 197-11-786 Reasonable alternative.
Definitions 197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
4-6-25: PURPOSE OF THIS PART AND 197-11-793 Scoping.
ADOPTION BY REFERENCE: This 197-11-794 Significant.
part contains uniform usage and definitions of terms 197-11-796 State agency.
under SEPA. The City adopts the following sections 197-11-797 Threshold determination.
by reference, as supplemented by WAC 173-806-040. 197-11-799 Underlying governmental action.
WAC A. Unless the context clearly requires otherwise:
197-11-700 Definitions.
197-11-702 Act. 1. Use of the singular shall include the plural
197-11-704 Action. and conversely.
197-11-706 Addendum.
197-11-708 Adoption. 2. "Preparation" of environmental documents
197-11-710 Affected tribe. refers to preparing or supervising the
197-11-712 Affecting. preparation of documents, including issuing,
197-11-714 Agency. filing, printing, circulating, and related
197-11-716 Applicant. requirements.
197-11-718 Built environment.
197-11-720 Categorical exemption. 3. "Impact" refers to environmental impact.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency. 4. "Permit" means "license" (WAC 197-11-760).
197-11-726 Cost-benefit analysis.
197-11-728 County/city. 5. "Commenting" includes but is not synony-
197-11-730 Decision maker. mous with "consultation".
197-11-732 Department.
197-11-734 Determination of nonsignificance 6. "Environmental cost" refers to adverse envi-
(DNS). ronmental impact and may or may not be quan-
197-11-736 Determination of significance tified.
(DS).
197-11-738 EIS. 7. "EIS" refers to draft, final, and supplemental
197-11-740 Environment. EISs (WAC 197-11-405 and WAC 197-11-738).
197-11-742 Environmental checklist.
197-11-744 Environmental document. 8. "Under" includes pursuant to, subject to, re-
197-11-746 Environmental review. quired by, established by, in accordance with,
197-11-748 Environmentally sensitive area. and similar expressions of legislative or admin-
197-11-750 Expanded scoping. istrative authorization or direction.
197-11-752 Impacts.
197-11-754 Incorporation by reference. B. In these rules:
197-11-756 Lands covered by water.
*04110
892
City of Renton
4-6-25 4-6-25
B) 1. "Shall" is mandatory. owned land, whether or not the environment
is directly modified.
2. "May" is optional and permissive and does
not impose a requirement. 2. Nonproject Actions: Nonproject actions
involve decisions on policies, plans, or
3. "Include" means "include but not limited programs.
to".
a. The adoption of amendment of legis-
C. The following terms are synonymous: lation, ordinances, rules, or regulations that
contain standards controlling use or modifi-
1. Effect and impact (WAC 197-11-752). cation of the environment;
2. Environment and environmental quality b. The adoption or amendment of corn-
(WAC 197-11-740). prehensive land use plans or zoning ordi-
nances;
3. Major and significant (WAC 197-11-764 and
WAC 197-11-794). c. The adoption of any policy, plan or
program that will govern the development of a
4. Proposal and proposed action (WAC series of connected actions (WAC 197-11-060),
197-11-784). but not including any policy, plan, or program
for which approval must be obtained from any
5. Probable and likely (WAC 197-11-782). Federal agency prior to implementation;
ACT: The State Environmental Policy Act of 1971, d. Creation of a district or annexations
chapter 43.21 RCW, as amended, which is also to any city, town or district;
referred to as "SEPA".
e. Capital budgets; and
ACTION:
f. Road, street, and highway plans.
A. "Actions" include, as further specified below:
3. "Actions" do not include the activities listed
New
1. New and continuing activities (including above when an agency is not involved. Actions
project and programs) entirely or partly do not include bringing judicial or
financed, assisted, conducted, regulated, administrative civil or criminal enforcement
licensed, or approved by agencies; actions (certain categorical exemptions in Part
Nine identify in more detail governmental
2. New or revised agency rules, regulations, activities that would not have any
plans, policies, or procedures; and environmental impacts and for which SEPA
review is not required).
3. Legislative proposals.
ADDENDUM: An environmental document used to
B. Actions fall within one of two (2) categories: provide additional information or analysis that does
not substantially change the analysis of significant
1. Project Actions: A project action involves a impacts and alternatives in the existing
decision on a specific project, such as a environmental document. The term does not include
construction or management activity located in supplemental EISs. An addendum may be used at
a defined geographic area. Projects include any time during the SEPA process.
and are limited to agency decisions to:
ADOPTION: An agency's use of all or part of an
a. License, fund, or undertake any existing environmental document to meet all or part
activity that will directly modify the of the agency's responsibilities under SEPA to
environment, whether the activity will be prepare an EIS or other environmental document.
conducted by the agency, an applicant, or
under contract. AFFECTED TRIBE: Affected tribe or "treaty tribe"
means any Indian tribe, band, nation or community
b. Purchase, sell, lease, transfer, or in the State of Washington, that is federally
exchange natural resources, including publicly recognized by the United States Secretary of the
4-6-25 4-6-25
Interior and that will or may be affected by the the Department of Game and the Department
proposal. of Fisheries shall be considered agencies with
jurisdiction.
AFFECTING: Having, or may be having, an effect *4600*
on (see WAC 197-11-752 on impacts). For purposes APPLICANT: Any person or entity, including an
of deciding whether an EIS is required and what agency, applying for a license from an agency.
the EIS must cover, "affecting" refers to having Application means a request for a license.
probable, significant adverse environmental impacts
(RCW 43.21.C.031 and 43.21C.110[1][c]). BUILT ENVIRONMENT: The elements of the
environment as specified by RCW 43.21C.110(1)(f)
AGENCY: and 197-11-444(2), which are generally built or
made by people as contrasted with natural
A. "Agency" means any state or local processes.
governmental body, board, commission,
department, or officer authorized to make law, CATEGORICAL EXEMPTION: A type of action,
hear contested cases, or otherwise take the specified in these rules, which does not significantly
actions stated in WAC 197-11-704, except the affect the environment (RCW 43.21C.110[1][a]);
judiciary and state legislature. An agency is categorical exemptions are found in Part Nine of
any state agency (WAC 197-11-796) or local these rules. Neither a threshold determination nor
agency (WAC 197-11-762). any environmental document, including an
environmental checklist or environmental impact
B. "Agency with environmental expertise" means statement, is required for any categorically exempt
an agency with special expertise on the action (RCW 43.21C.031). These rules provide for
environmental impacts involved in a proposal those circumstances in which a specific action that
or alternative significantly affecting the would fit within a categorical exemption shall not
environment. These agencies are listed in be considered categorically exempt (WAC
WAC 197-11-920; the list may be expanded in 197-11-305).
agency procedures (WAC 197-11-906). The
appropriate agencies must be consulted in the CONSOLIDATED APPEAL: The procedure
environmental impact statement process, as requiring a person to file an agency appeal
required by WAC 197-11-502. challenging both procedural and substantive
compliance with SEPA at the same time, as Ind
C. "Agency with jurisdiction" means an agency provided under RCW 43-21.00765(3)(b) and the
with authority to approve, veto, or finance all exceptions therein. If any agency does not have an
or part of a nonexempt proposal (or part of a appeal procedure for challenging either the agency's
proposal). The term does not include an procedural or its substantive SEPA determinations,
agency authorized to adopt rules or standards the appeal cannot be consolidated prior to any
of general applicability and could apply to a judicial review. The requirement for a consolidated
proposal, when no license or approval is appeal does not preclude agencies from bifurcating
required from the agency for the specific appeal proceedings and allowing different agency
proposal. The term also does not include a officials to hear different aspects of the appeal.
local, state or Federal agency involved in (WAC 197-11-680).
approving a grant or loan, that serves only as
a conduit between the primary administering COST-BENEFIT ANALYSIS: A quantified
agency and the recipient of the grant or loan. comparison of costs and benefits generally expressed
Federal agencies with jurisdiction are those in monetary or numerical terms. It is not
from which a license or funding is sought or synonymous with the weighing or balancing of
required. environmental and other impacts or benefits of a
proposal.
D. If a specific agency has been named in these
rules, and the functions of that agency have COUNTY/CITY: A county, city, or town. In this
changed or been transferred to another Chapter, duties and powers are assigned to a
agency, the term shall mean any successor county, city, or town as a unit. The delegation of
agency. responsibilities among the various departments of a
county, city, or town is left to the legislative or
E. For those proposals requiring a hydraulic charter authority of the individual counties, cities,
project approval under RCW 75.20.100, both or towns.
4-6-25 4-6-25
DECISION MAKER: The agency official or officials appropriate consideration to the environment in
who make the agency's decision on a proposal. The agency decision making.
decision maker and responsible official are not
necessarily synonymous, depending on the agency ENVIRONMENTALLY SENSITIVE AREA: An area
and its SEPA procedures (WAC 197-11-906 and designated and mapped by the City under WAC
WAC 197-11-910). 197-11-908. Certain categorical exemptions do not
apply within environmentally sensitive areas (WAC
DEPARTMENT: The Washington State Department 197-11-305, WAC 197-11-908, and Part Nine of
of Ecology. these rules).
DETERMINATION OF NONSIGNIFICANCE EXPANDED SCOPING: An optional process that
(DNS): The written decision by the responsible may be used by agencies to go beyond minimum
official of the lead agency that a proposal is not scoping requirements.
likely to have a significant adverse environmental
impact, and therefore an EIS is not required (WAC IMPACTS: The effects or consequences of actions.
197-11-310 and WAC 197-11-340). The DNS form is Environmental impacts are effects upon the
in WAC 197-11-970. elements of the environment listed in WAC
197-11-444.
DETERMINATION OF SIGNIFICANCE (DS): The
written decision by the responsible official of the INCORPORATION BY REFERENCE: The inclusion
lead agency that a proposal is likely to have a of all or part of any existing document in an
significant adverse environmental impact, and agency's environmental documentation by reference
therefore an EIS is required (WAC 197-11-310 and (WAC 197-11-600 and WAC 197-11-635).
WAC 197-11-360). The DS form is in WAC
197-11-980 and must be used substantially in that LANDS COVERED BY WATER: Lands underlying
form. the water areas of the State below the ordinary
high water mark, including salt waters, tidal
EIS: Environmental impact statement. The term waters, estuarine waters, natural water courses,
"detailed statement" in RCW 43.21C.030(2)(c) refers lakes, ponds, artificially impounded waters,
to a final EIS. The term "EIS" as used in these marshes, and swamps. Certain categorical
rules refers to draft, final, or supplemental EISs exemptions do not apply to lands covered by water,
(WAC 197-11-405). as specified in Part Nine.
ENVIRONMENT: Means, and is limited to, those LEAD AGENCY: The agency with the main respon-
elements listed in WAC 197-11-444, as required by sibility for complying with SEPA's procedural
RCW 43.21C.110(1)(f). Environment and environ- requirements (WAC 197-11-050 and WAC
mental quality refer to the state of the 197-11-922). The procedures for determining lead
environment and are synonymous as used in these agencies are in Part Ten of these rules. "Lead
rules and refer basically to physical environmental agency" may be read as "responsible official" (WAC
quality. 197-11-788 and WAC 197-11-910) unless the
context clearly requires otherwise. Depending on
ENVIRONMENTAL CHECK LIST: The form in the agency and the type of proposal, for example,
WAC 197-11-960. Rules for its use are in WAC there may be a difference between the lead
197-11-315. agency's responsible official, who is at a minimum
responsible for procedural determinations (such as
ENVIRONMENTAL DOCUMENT: Any written WAC 197-11-330, 197-11-455, 197-11-460) and its
public document prepared under this Chapter. decision maker, who is at a minimum responsible
Under SEPA, the terms environmental analysis, for substantive determinations (such as WAC
environmental study, environmental report, and 197-11-448, WAC 197-11-655, and 197-11-660).
environmental assessment do not have specialized
meanings and do not refer to particular LICENSE: Any form of written permission given to
environmental documents (unlike various other any person, organization, or agency to engage in
state or Federal environmental impact procedures). any activity, as required by law or agency rule. A
license includes all or part of an agency permit,
ENVIRONMENTAL REVIEW: The consideration of certificate, approval, registration, charter, or plat
environmental factors as required by SEPA. The approvals or rezones to facilitate a particular
"environmental review process" is the procedure proposal. The term does not include a license
used by agencies and others under SEPA for giving required solely for revenue purposes.
490
4-6-25 4-6-25
LOCAL AGENCY: "Local agency" or "local govern- PHASED REVIEW: The coverage of general
ment" means any political subdivision, regional matters in broader environmental documents, with
governmental unit, district, municipal or public subsequent narrower documents concentrating
corporation, including cities, towns, and counties solely on the issues specific to the later analysis
vill
and their legislative bodies. The term encompasses (WAC 197-11-060[5]). Phased review may be used
but does not refer specifically to the departments for a single proposal or EIS (WAC 197-11-060).
within a city or county.
PREPARATION: "Preparation" of an environmental
MAJOR ACTION: An action that is likely to have document means preparing or supervising the
significant adverse environmental impacts. "Major" preparation of documents, including issuing, filing,
reinforces but does not have a meaning printing, circulating, and related requirements (see
independent of"significantly" (WAC 197-11-794). WAC 197-11-700[2]).
MITIGATED DNS: A DNS that includes mitigation PRIVATE PROJECT: Any proposal primarily
measures and is issued as a result of the process initiated or sponsored by an individual or entity
specified in WAC 197-11-350. other than an agency.
MITIGATION: PROBABLE: Likely or reasonably likely to occur,
as in "a reasonable probability of more than a
A. Avoiding the impact altogether by not taking moderate effect on the quality of the environment"
a certain action or parts of an action; (see WAC 197-11-794). Probable is used to distin-
guish likely impacts from those that merely have a
B. Minimizing impacts by limiting the degree or possibility of occurring, but are remote or specula-
magnitude of the action and its implement- tive. This is not meant as a strict statistical
ation, by using appropriate technology, or by probability test.
taking affirmative steps to avoid or reduce
impacts; PROPOSAL: A proposed action. A proposal includes
both actions and regulatory decisions of agencies as
C. Rectifying the impact by repairing, rehabilitat- well as any actions proposed by applicants. A
ing, or restoring the affected environment; proposal exists at that stage in the development of
an action when an agency is presented with an
D. Reducing or eliminating the impact over time application, or has a goal and is actively preparing vito
by preservation and maintenance operations to make a decision on one or more alternative
during the life of the action; means of accomplishing that goal, and the environ-
mental effects can be meaningfully evaluated. (See
E. Compensating for the impact by replacing, WAC 197-11-055 and WAC 197-11-060[3]). A pro-
enhancing, or providing substitute resources posal may therefore be a particular or preferred
or environments; and/or course of action or several alternatives. For this
reason, these rules use the phrase "alternatives
F. Monitoring the impact and taking appropriate including the proposed action". The term "proposal"
corrective measures. may therefore include "other reasonable courses of
action", if there is no preferred alternative and if it
NATURAL ENVIRONMENT: Those aspects of the is appropriate to do so in the particular context.
environment contained in WAC 197-11-444(1),
frequently referred to as natural elements, or REASONABLE ALTERNATIVE: An action that
resources, such as earth, air, water, wildlife, and could feasibly attain or approximate a proposal's
energy. objectives, but at a lower environmental cost or
decreased level of environmental degradation.
NEPA: The National Environmental Policy Act of Reasonable alternatives may be those over which
1969 (42 USCA 4321 et seq.; P.L. 91-190), that is an agency with jurisdiction has authority to control
like SEPA at the Federal level. The Federal NEPA impacts, either directly, or indirectly through
regulations are located at 40 CFR 1500 et seq. requirement of mitigation measures. (See WAC
197-11-440[5] and WAC 197-11-660.) Also see the
NONPROJECT: Actions which are different or definition of "scope" for the three (3) types of
broader than a single site specific project, such as alternatives to be analyzed in EISs (WAC
plans, policies, and programs (WAC 197-11-704). 197-11-792).
i
4-6-25 4-6-25
RESPONSIBLE OFFICIAL: That officer or officers, specific rules for the content of EISs. The
committee, department, or section of the lead scope of an individual statement may depend
agency designated by agency SEPA procedures to on its relationship with other EISs or on
undertake its procedural responsibilities as lead phased review.
agency (WAC 197-11-910).
SCOPING: Determining the range of proposed
SEPA: The State Environmental Policy Act of 1971 actions, alternatives, and impacts to be discussed in
(Chapter 43.21C RCW), which is also referred to as an EIS. Because an EIS is required to analyze sig-
the Act. The "SEPA process" means all measures nificant environmental impacts only, scoping is
necessary for compliance with the act's require- intended to identify and narrow the EIS to the sig-
ments. nificant issues. The required scoping process (WAC
197-11-408) provides interagency and public notice
SCOPE: of a DS, or equivalent notification, and opportunity
to comment. The lead agency has the option of ex-
A. The range of proposed actions, alternatives, panding the scoping process (Wac 197-11-410), but
and impacts to be analyzed in an environ- shall not be required to do so. Scoping is used to
mental document (WAC 197-11-060[21). encourage cooperation and early resolution of poten-
tial conflicts, to improve decisions, and to reduce
B. To determine the scope of environmental paperwork and delay.
impact statements, agencies consider three (3)
types of actions, three (3) types of impacts, SIGNIFICANT:
and three (3) types of alternatives.
A. As used in SEPA means a reasonable likeli-
1. Actions may be: hood of more than a moderate adverse impact
on environmental quality.
a. Single (a specific action which is not
related to other proposals or parts of pro- B. Significance involves context and intensity
posals); (WAC 197-11-330) and does not lend itself to
a formula or quantifiable test. The context
b. Connected (proposals or parts of pro- may vary with the physical setting. Intensity
posals which are closely related under WAC depends on the magnitude and duration of an
'fir✓ 197-11-060[31 or WAC 197-11-305[11); or impact.
c. Similar (proposals that have common The severity of an impact should be weighed
aspects and may be analyzed together under along with the likelihood of its occurrence. An
WAC 197-11-060[31). impact may be significant if its chance of oc-
currence is not great, but the resulting envi-
2. Alternatives may be: ronmental impact would be severe if it occur-
red.
a. No action;
C. WAC 197-11-330 specifies a process, including
b. Other reasonable courses of action; or criteria and procedures, for determining
whether a proposal is likely to have a sig-
c. Mitigation measures (not in the pro- nificant adverse environmental impact.
posed action).
STATE AGENCY: Any state board, commission,
3. Impacts may be: department, or officer, including state universities,
colleges, and community colleges, that is author-
a. Direct; ized by law to make rules, hear contested cases, or
otherwise take the actions stated in WAC
b. Indirect; or 197-11-704, except the judiciary and state legisla-
ture.
c. Cumulative.
THRESHOLD DETERMINATION: The decision by
C. WAC 197-11-060 provides general rules for the the responsible official of the lead agency whether
content of any environmental review under or not an EIS is required for a proposal that is not
SEPA; Part Four and WAC 197-11-440 provide
4-6-25 4-6-26
categorically exempt (WAC 197-11-310 and WAC 197-11-932 Lead agency for private projects
197-11-330[1][b]). requiring licenses from more
than one agency, when one of 1
UNDERLYING GOVERNMENTAL ACTION: The the agencies is a county/city. IS
governmental action, such as zoning or permit 197-11-934 Lead agency for private projects
approvals, that is the subject of SEPA compliance. requiring licenses from a local
agency, not a county/city, and
one or more state agencies.
Part Nine 197-11-936 Lead agency for private projects
Categorical Exemptions requiring licenses from more
than one state agency.
197-11-938 Lead agencies for specific
4-6-26: ADOPTION BY REFERENCE: The proposals.
City adopts by reference the following 197-11-940 Transfer of lead agency status to
rules for categorical exemptions, as supplemented in a state agency.
this Ordinance, including WAC 173-806-070 197-11-942 Agreements on lead agency
(Flexible Thresholds), WAC 173-806-080 (Use of ex- status.
emptions), and WAC 173-806-190 (Environmentally 197-11-944 Agreements on division of lead
sensitive areas): agency duties.
197-11-946 DOE resolution of lead agency
WAC disputes.
197-11-800 Categorical exemptions. 197-11-948 Assumption of lead agency status.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change
exemptions. 4-6-28: ENVIRONMENTALLY SENSITIVE
AREAS:
Part Ten A. The map(s) under Ordinance No. 3891
Agency Compliance designate the location of environmentally
sensitive areas within the City and are
adopted by reference. These include greenbelts
4-6-27: PURPOSE OF THIS PART AND designated in the Comprehensive Plan, conser-
ADOPTION BY REFERENCE: This vancy and natural environments of the Shore *11100
-
part contains rules for agency compliance with line Master Program, and the one hundred
SEPA, including rules for charging fees under the (100) year floodway mapped under the Federal
SEPA process, designating environmentally sen- Flood Insurance Program. For each environ-
sitive areas, listing agencies with environmental mentally sensitive area, the exemptions within
expertise, selecting the lead agency, and applying WAC 197-11-800 that are inapplicable for that
these rules to current agency activities. The City area are:
adopts the following sections by reference, as
supplemented by WAC 173-806-050 and 173-806-053 197-11-800(1).
and this part: 197-11-800(2Xd,e,g).
197-11-800(6Xa).
WAC 197-11-800(24)(a,b,c,d,f,g).
197-11-900 Purpose of this part. 197-11-800(25)(f,h).
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions. Unidentified exemptions shall continue to
197-11-920 Agencies with environmental apply within environmentally sensitive areas
expertise. of the City.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency. B. The City shall treat proposals located wholly
197-11-926 Lead agency for governmental or partially within an environmentally
proposals. sensitive area no differently than other pro-
197-11-928 Lead agency for public and posals under this Ordinance, making a thres-
private proposals. hold determination for all such proposals. The
197-11-930 Lead agency for private projects City shall not automatically require an EIS
with one agency with jurisdiction. for a proposal merely because it is
4-6-28
4-6-30
B) proposed for location in an environmentally public notice requirements of this Ordinance
sensitive area. relating to the applicant's proposal.
*ay C. Certain exemptions do not apply on lands D. The City shall not collect a fee for performing
covered by water, and this remains true its duties as a consulted agency.
regardless of whether or not lands covered by
water are mapped. E. The City may charge any person for copies of
any document prepared under this Ordinance,
and for mailing the document, in a manner
4-6-29: FEES: The City shall require the follow- provided by chapter 42.17 RCW.
ing fees for its activities in accordance
with the provisions of this Ordinance: F. Specific fees for the activities described above
are set forth in Title V, Chapter 1 (Fee
A. Threshold determination. For every environ- Schedule) of the City Code.
mental check list the City will review when it
is lead agency, the City shall collect a fee
from the proponent of the proposal prior to Part Eleven
undertaking the threshold determination. The Forms
time periods provided by this Ordinance for
making a threshold determination shall not
begin to run until payment of the fee. 4-6-30: ADOPTION BY REFERENCE: The
City adopts the following forms and
B. Environmental impact statement. sections by reference:
1. When the City is the lead agency for a WAC
proposal requiring an EIS and the ERC deter- 197-11-960 Environmental check list.
mines that the EIS shall be prepared by 197-11-965 Adoption notice.
employees of the City, the City may charge 197-11-970 Determination of nonsignificance
and collect a reasonable fee from any appli- (DNS).
cant to cover costs incurred by the City in 197-11-980 Determination of significance and
preparing the EIS. The ERC shall advise the scoping notice (DS).
`fir applicant(s) of the projected costs for the EIS 197-11-985 Notice of assumption of lead
prior to actual preparation; the applicant shall agency status.
post bond or otherwise ensure payment of 197-11-990 Notice of action.
such costs.
2. The ERC may determine that the City will 4-6-31: EFFECTIVE DATE: The effective date
contract directly with a consultant for pre- of this Ordinance is February 25, 1985.
paration of an EIS, or a portion of the EIS,
for activities initiated by some person or 4-6-32: SEVERABILITY: If any provision of
entity other than the City and may bill such this Ordinance or its application to any
costs and expenses directly to the applicant. person or circumstance is held invalid, the remain-
The City may require the applicant to post der of this Ordinance, or the application of the
bond or otherwise ensure payment of such provision to other persons or circumstances, shall
costs. Such consultants shall be selected by not be affected. (Ord. 3891, 2-25-85)
mutual agreement of the City and applicant
after a call for proposals.
3. If a proposal is modified so that an EIS is
no longer required, the ERC shall refund any
fees collected under B1 or B2 of this
subsection which remain after incurred costs
are paid.
C. The City may collect a reasonable fee from an
applicant to cover the cost of meeting the
4-7-1 4-7-2
CHAPTER 7
FIRE HYDRANTS
SECTION: subdivision or agency of the State of Washington.
(Ord. 3541, 5-4-81)
4-7- 1: Definitions
4-7- 2: Fire Hydrants Required PRIVATE HYDRANT: A fire hydrant situated and
4-7- 3: Prohibited Installation maintained to provide water for fire fighting
4-7- 4: Installation Requirements purposes with restrictions as to use. The location
4-7- 5: Special Requirements may be such that it is not readily accessible for
4-7- 6: Hydrant Accessibility immediate use by the fire authority for other than
4-7- 7: Dead End Mains Prohibited certain private property.
4-7- 8: Fire Flow Requirement
4-7- 9: Building Permits PUBLIC HYDRANT: A fire hydrant situated and
4-7-10: Penalty maintained to provide water for fire fighting
purposes without restriction as to use for that
purpose. The location is such that it is accessible
for immediate use of the fire authority at all times.
4-7-1: DEFINITIONS: For the purpose of this U.B.C.: The Uniform Building Code as adopted,
Chapter, the following words, terms, including amendments, by the City of Renton.
phrases and their derivations shall have the
meaning given herein, unless the context otherwise U.L.: The Underwriters' Laboratories, Inc.
indicates. When not inconsistent with the context,
words used in the present tense include the future, WATER AUTHORITY: The Renton Department of
words in the plural number include the singular Utilities, or any other municipal or quasi-municipal
number and words in the singular number include entity distributing water to fire hydrants within the
the plural number. The word "shall" is always City of Renton.
mandatory. NMI
A.P.W.A.: The American Public Work Associations. 4-7-2: FIRE HYDRANTS REQUIRED: All
buildings constructed within the City of
A.W.W.A.: The American Water Works Association. Renton shall be served by fire hydrants installed in
accordance with.the requirements of this Chapter.
APPROVING AUTHORITY: The Fire Chief of the In addition, presently existing fire hydrants which
Renton Fire Department, or his appointee. do not conform with the requirements and stand-
ards of this Chapter when replaced, shall be
FIRE DEPARTMENT: The Renton Fire replaced with hydrants which do conform to the
Department. standards and requirements of this Chapter. All fire
hydrants shall be served by a municipal or
FIRE FLOW: The measure of the sustained flow of quasi-municipal water system, or as otherwise
available water for fire fighting at a specific approved by the Fire Marshal. All hydrants shall be
building or within a specific area at twenty (20) subject to testing, inspection and approval by the
pounds per square inch residual pressure. Fire Control Division.
FIRE MARSHAL: The City of Renton Fire Marshal The number of fire hydrants that shall be required
or his appointee. for the new construction or a defined risk, shall be
based on the amount of fire flow that is required to
FLUSH TYPE HYDRANT: A hydrant installed protect said risk. The requirement shall be one
entirely below grade. hydrant per one thousand (1,000) g.p.m. fire flow.
These fire hydrants shall be located no closer than
MUNICIPALITY or QUASI-MUNICIPALITY: Any fifty feet (50') from the structure and no greater
county, city, town, water district, sewer district, than three hundred (300') feet. The primary
public utility district or other governmental hydrant shall be not further than one hundred fifty
4-7-2
4-7-4
feet (150') from the structure. All hydrants are to grade and have no less than thirty six inches
be accessible to Fire Department pumpers over (36") in diameter of clear area about the
'"` roads capable of supporting such fire apparatus. hydrant for the clearance of hydrant wrenches
The Fire Marshal shall have discretion to deter- on both outlets and on the control valve.
mine the location of the hydrants based upon a
review of the location of the existing utilities, G. The port shall face the most likely route of
topography and the characteristics of the building approach and location of the fire truck while
or structure; minor deviations may be granted by pumping, distance from pumper port to street
Fire Department approval of written requests. (Ord. curb shall be no further than twelve feet
4007, 7-14-86) (12), all as determined by the Fire Marshall.
H. The lead from the service main to the
4-7-3: PROHIBITED INSTALLATION: The hydrant shall be no less than six inches (6")
installation of flush type hydrants is in diameter. Any hydrant leads over fifty feet
prohibited unless approved by the Fire Marshal (50') in length from water main in hydrant
and such approval shall be given only when shall be no less than eight inches (8") in
permitted fire hydrants would be dangerous or diameter.
impractical. The showing of such danger or
impracticability shall be the burden of the builder. I. All hydrants newly installed in single family
(Ord. 3541, 5-4-81) residential areas shall be supplied by not less
than six inch (6") mains, and shall be capable
of delivering one thousand (1,000) g.p.m. fire
4-7-4: INSTALLATION REQUIREMENTS: flow over and above average maximum de-
The installation of all fire hydrants shall mands at the farthest point of the installa-
be in accordance with sound engineering practices. tion. Hydrant leads up to fifty feet (50') long
In addition, the following requirements shall apply may be six inches (6") in diameter.
to all building construction projects:
J. All hydrants shall have at least five inch (5")
A. Two (2) copies of detailed plans or drawings, minimum valve opening, "0" ring stem seal,
accurately indicating the location of all valves two (2) two and one-half inch (2 'I,") national
`'mow and fire hydrants to be installed shall be standard thread hose nozzles, one four inch
submitted to the Fire Marshall prior to the (4") steamer nozzle with City of Seattle
commencement of any construction. standard threads. In addition, all hydrants
shall meet A.W.W.A. standards for public
B. All fire hydrants must be approved by the hydrants and be Cory type.
City of Renton, Public Works Department as
per the requirements of City ordinance. K. All pipe shall meet City of Renton standards
per Code Section 8-4-43.
C. All construction of the fire hydrant
installation and its attendant water system L. The maximum distance between fire hydrants
connection shall conform to the design in single family use district zones shall be six
standards and specifications of the City of hundred feet (600').
Renton.
M. The maximum distance between fire hydrants
D. Fire hydrant installation shall be adequately in commercial, industrial and apartment
protected against vehicular damage in accord- (including duplex) use district zones shall be
ance with Section 8-4-43 of the Renton City three hundred feet (300').
Code.
N. Lateral spacing of fire hydrants shall be
E. An auxiliary gate valve shall be installed at predicated on hydrants being located at street
the main line tee to permit the repair and intersections.
replacement of the hydrant without disruption
of water service. O. The appropriate water authority and Fire
Department shall be notified in writing of the
F. All hydrants shall stand plumb, + or - 3', to date the fire hydrant installation and its
be set to the finished grade with the bottom attendant water connection system will be
flange two inches (2") above ground or curb available for use.
'err
1091
4-74 4-7-10
P. The Fire Marshal shall be notified when all appropriate in any project for looping all dead end
newly installed hydrants or mains are placed or temporarily dead end mains. A minimum fifteen Na
in service. foot (15') easement shall be required. Construction
plans must be approved by the Public Works De-
Q. Where fire hydrants are not in service, they partment as per this Chapter and other applicable
shall be identified as being out of service by a City ordinances prior to commencement of con-
method approved by the Fire Marshal. struction. (Ord. 3541, 5-4-81)
4-7-5: SPECIAL REQUIREMENTS: The re- 4-7-8: FIRE FLOW REQUIREMENT: The
quirements of this Section apply to all fire flow requirement applied by the Fire
building construction projects in which buildings Marshal under the provisions of this Chapter shall
are located or are to be located such that any be based upon criteria established in Appendix IIIA
portion is more than two hundred feet (200') in of the Uniform Fire Code as amended, added to or
vehicular travel from a street property line, except accepted herein. Appendix IIIA of the Uniform Fire
detached single family dwellings: Code is hereby adopted by reference. One copy of
that document shall be filed in the City Clerk's
A. Buildings have required fire flows of less than office and be available for use and examination by
two thousand five hundred (2,500) g.p.m., may the public. However, when the fire flow is less
have fire hydrants on one side of the building than one thousand (1,000) gallons per minute but
only. greater than five hundred (500) gallons per minute
then residential structures shall be permitted to be
B. When the required fire flow is over two thou- served by sprinklers unless the Fire Chief has
sand five hundred (2,500) g.p.m., the fire made a written finding that the public safety,
hydrants shall be served by a main which health or welfare will be threatened, stating the
loops around the building or complex of build- factors upon which such finding is based, in which
ings and reconnects back into a distribution case residential structures shall not be permitted to
supply main. be constructed at such location. (Ord. 4327,
8-26-91)
C. The number of fire hydrants that shall be
required for the new construction or a defined
risk, shall be based on the amount of fire 4-7-9: BUILDING PERMITS: No building
flow that is required to protect said risk. The permit shall be issued until plans
requirement shall be one hydrant per one required under this Chapter have been submitted
thousand (1,000) g.p.m. fire flow. These fire and approved in accordance with the provisions
hydrants shall be located no closer than fifty contained in this Chapter. No construction beyond
feet (50') from the structure and no greater the foundation shall be allowed until hydrants and
than three hundred thirty feet (330'). All mains are in place, unless approved by the appro-
hydrants are to be accessible to Fire Depart- priate City authority, following appropriate applica-
ment pumpers over roads capable of support- tion and a finding that there is no life or safety
ing such fire apparatus. The Fire Marshal threat involved.
shall determine the location of the hydrants
based upon a determination of utility, Where the existing fire flow is not known or
topography and building or structure; minor cannot be easily determined, it shall be required of
deviations may be granted by Fire Depart- the developer to compute the available fire flow
ment approval of written requests. using standards and criteria set forth at Renton
City Ordinance No. 3056. (Ord. 4007, 7-14-86)
4-7-6: HYDRANT ACCESSIBILITY: Hydrants
shall not be obstructed by any structure 4-7-10: PENALTY: A violation of any section or
or vegetation, or have the hydrant visibility provision of this Chapter is a mis-
impaired within a distance of one hundred fifty demeanor punishable by a fine of not less than five
feet (150') in any direction of vehicular approach to hundred dollars ($500.00) for each offense or ninety
the hydrant. (90) days in jail or both such fine and such jail
time. Each day upon which a violation occurs or
continues constitutes a separate offense. (Ord.
4-7-7: DEAD END MAINS PROHIBITED: 3541, 5-4-81)
Provisions shall be made wherever ,iii'
1091
4-8-1 4-8-4
CHAPTER 8
HEARING EXAMINER
SECTION: C. Provide a greater degree of due process in
land use regulatory hearings.
4-8- 1: Title
4-8- 2: General Objectives D. Separate the land use policy formulation and
4-8- 3: Creation of Hearing Examiner the land use policy administration processes.
4-8- 4: Appointment and Term (Ord. 3071, 10-18-76)
4-8- 5: Removal
4-8- 6: Qualifications
4-8- 7: Examiner Pro Tempore; Qualifications 4-8-3: CREATION OF HEARING EXAM-
and Duties INER: The office of Hearing Examiner,
4-8- 8: Hearing Examiner; Conflict of Interest hereinafter referred to as Examiner, is hereby
and Freedom From Improper Influence created. The Examiner shall interpret, review and
4-8- 9: Freedom From Improper Influence implement land use regulations as provided in
4-8-10: Duties of the Examiner this Ordinance and other ordinances. The term
4-8-11: Applications examiner shall likewise include the Examiner Pro
4-8-12: Report by Building Department Tern. (Ord. 3876, 12-17-84)
4-8-13: Public Hearing
4-8-14: Examiner's Decision and Recommenda-
tion; Findings Required 4-8-4: APPOINTMENT AND TERM:
4-8-15: Reconsideration
4-8-16: Appeal A. Reappointment: The Examiner and the
4-8-17: Council Action Examiner Pro Tern shall be appointed by the
4-8-18: Severability Mayor of the City, with the confirmation or
4-8-19: Repealing Conflicting Ordinances concurrence of not less than four (4)
4-8-20: Effective Date members of the Renton City Council, and
such appointment shall be for a term of four
(4) years commencing February 1, 1993. The
term shall thereafter expire on the last day
4-8-1: TITLE: This Ordinance shall be herein- of January of every such four (4)year term.
after known as Hearing Examiner
Ordinance or Hearing Examiner, may be cited as B. Initial Appointment: For the initial appoint-
such, will be hereinafter referred to as "this ment of an individual to the Hearing
Ordinance" and same shall he and constitute Examiner's position, however, the initial
Chapter 8, Title IV (Building Regulations) of term of office shall be a shorter probationary
Ordinance No. 4260 known as the Code of General period. The initial term shall expire on the
Ordinances of the City of Renton. (Ord. 3876, last day of January of the next odd num-
12-17-84) bered year. Should the resulting term be one
calendar year or less, then the term shall
expire on the last day of January of the next
4-8-2: GENERAL OBJECTIVES: It is the succeeding odd numbered year so that the
general objective of this Ordinance to: initial term of the Hearing Examiner shall
be not less than one calendar year nor more
A. Provide a single, efficient, integrated land than three (3) calendar years. (Ord. 4382,
use regulatory hearing system. 12-7-92)
B. Render land use regulatory decisions and
recommendations to the City Council.
293
City of Renton
4-8-5 4-8-10
4-8-5: REMOVAL: .The Examiner or the
Examiner Pro Tern may be removed 4-8-9: FREEDOM FROM IMPROPER IN-
*110
from office at any time by the affirmative vote of FLUENCE: No Councilmember, City
not less than five (5) members of the City Council official, or any other person shall attempt to
for just cause. interfere with, or improperly influence the
Examiner in the performance of his designated
duties. (Ord. 3071, 10-18-76)
4-8-6: QUALIFICATIONS: The Examiner
and the Examiner Pro Tern shall be
appointed solely with regard to their qualifi- 4-8-10: DUTIES OF THE EXAMINER:
cations for the duties of the office which shall
include, but not be limited to persons with appro- A. Applications and Decisions: The Examiner
priate educational experience, such as an urban shall receive and examine available
planner, or public administrator, with at least five information, conduct public hearings,
(5) years' experience, persons who have extensive prepare a record thereof, and enter findings
experience in planning work in a responsible of fact; conclusions based upon those facts
capacity, persons with legal experience, particu- and a decision which shall represent the
larly where that experience is in the area of land final action on the application, unless
use management or administrative law. appealed, as hereinbelow specified, for the
following types of applications:
4-8-7: EXAMINER PRO TEMPORE; QUAL- 1. Short plats.
IFICATIONS AND DUTIES: The
Examiner Pro Tern shall, in the event of the 2. Special use permits.
absence or the inability of the Examiner to act,
have all the duties and powers of the Examiner. 3. Conditional use permits.
4. Temporary use permits.
4-8-8: HEARING EXAMINER; CONFLICT
OF INTEREST AND FREEDOM 5. Shoreline variance and conditional
FROM IMPROPER INFLUENCE: The Exam- permits.
iner shall not conduct or participate in any
hearing or decision in which the Examiner has a 6. Site approval permits. (Ord. 3454, 7-28-80)
direct or indirect personal interest which might
exert such influence upon the Examiner that 7. Waivers and variances. (Ord. 3454,
might interfere with his decision making process. 7-28-80; amd. Ord. 3483, 11-10-80)
Any actual or potential conflict of interest shall be
disclosed to the parties immediately upon 8. Appeals from administrative
discovery of such conflict. determination of the City's land use
regulation codes.
Participants in the land use regulatory process
have the right, insofar as possible, to have the 9. Fill permits.
Examiner free from personal interest or pre-hear-
ing contacts on land use regulatory matters 10. Applications for any other land use
considered by him. It is recognized that there is a regulatory permits which may be required by
countervailing public right to free access to public ordinances.
officials on any matter. If such personal or pre-
hearing interest contact impairs the Examiner's 11. Appeal of environmental determinations
ability to act on the matter, such person shall so required by the Renton environmental
state and shall abstain therefrom to the end that ordinance.
the proceeding is fair and has the appearance of
fairness, unless all parties agree in writing to 12. Variances from the provisions of this
have the matter heard by said Examiner. Title, for any proposed development
14110
293
City of Renton
4-8-10
4-8-10
requiring any permit or approval by the
Examiner.
13. Appeal from administration determina-
tion implementing a written land use
decision of the City Council or Hearing
Examiner. (Ord. 4168, 8-8-88)
B. Applications and Recommendations: The
Examiner shall receive and examine avail-
able information, conduct public hearings,
prepare a record thereof and enter findings
of fact and conclusions based upon those
facts, together with a recommendation to the
City Council, for the following applications:
1. Change of zone classification (rezones).
2. Preliminary plats.
3. Planned unit developments.
4. Special permits requiring City Council
approval.
The City Council shall have final authority
to act on such applications.
C. Final Plat Applications: The Examiner shall
receive and examine available information,
prepare a record thereof and enter findings
of fact and conclusions based upon those
facts, together with a recommendation to the
City Council, for final plat applications. The
City Council shall have final authority to act
on such applications. (Ord. 3454, 7-28-80)
293
City of Renton
t
}
4-8-11 4-8-11
4-8-11: APPLICATIONS: Section shall not create an appeal right, but
will be treated as a complaint of noncompli-
A. Applications to Building Department: Appli- ance with the land use decision. (Ord. 4168,
cations as specified in Section 4-8-10, except 8-8-88)
appeals of administrative or environmental
determinations shall be filed with the Build- B. Applications to Examiner: Appeals from
ing Department. administrative determinations of the City's
land use regulation codes and from environ-
1. Within fifteen (15) days of receipt of an mental determinations required by the
application the Building Department shall Renton environmental ordinance may be
determine whether the application is com- taken to the Hearing Examiner by any per-
plete. If complete, the application shall be son aggrieved, or by any officer, department,
accepted. If the application is not complete, board or bureau of the City affected by such
the Building Department shall request the determination.
applicant to provide additional information
as necessary to complete the application. 1. Any such appeal shall be filed in writing
Within ten(10)days of receipt of new or addi- with the Examiner within the following time
tional information, the Building Department limits:
shall accept or reject the application. (Ord.
3454, 7-28-80, amd. Ord. 3592, 12-14-81) a. Appeals of a final environmental deter-
mination under the Renton environmental
2. The applicant shall be advised of the date ordinance shall be filed within fourteen (14)
of acceptance of the application and of the days of publication of notice of such determi-
environmental determination. The applicant nation.
shall be advised of the date of any public
hearing at least ten (10) days prior to the b. Appeals from an administrative deci-
hearing. (Ord. 3454, 7-28-80) sion pursuant to this Chapter shall be filed
within fourteen(14) days of the date that the
3. The appeal from an administration deci- action was taken.
sion implementing a land use decision of the
City Council or the Hearing Examiner pursu- 2. Immediately upon receipt of the notice of
*'os✓ ant to this Chapter shall be filed with the appeal, the Hearing Examiner shall forward
Hearing Examiner, along with the required to the officer from whom the appeal is being
fee, within fourteen(14) days of the adminis- taken a copy of the notice of appeal. Upon
trative decision or, if no date of administra- receiving such notice, the officer from whom
tive decision can be determined, within the appeal is being taken shall transmit to
fourteen(14) days of the issuance of any per- the Hearing Examiner all of the records per-
mit which requires interpretation of that taining to the decision being appealed,
land use decision, such administrative deci- together with such additional written reports
sion being an essential part of the issuance of as are deemed pertinent. The Examiner may
the permit, license, or other City permission request additional information from the
to proceed. Any later request to interpret, applicant.
explain, modify, or retract the decision shall
not be deemed to be a new administrative 3. A written notice of the time and place of
determination creating a new appeal period the hearing at which the appeal shall be con-
for any new third party to the permit. As sidered by the Examiner shall be mailed to
between the permit holder and the City, any the applicant,all parties of record in the case,
decision to modify or retract the permit shall and to the officer from whom the appeal is
give the permit holder a fourteen (14) day taken not less than ten (10) days prior to the
appeal period from the date of the action to date of the hearing. (Ord. 3454, 7-28-80)
modify or retract the permit.
4. The Examiner may hear and consider
Any claim that an administrative decision any pertinent facts pertaining to the appeal.
maker has failed to correctly interpret or The Examiner may affirm the decision or
enforce a land use decision after the expira- remand the case for further proceedings, or it
tion of the appeal time established in this may reverse the decision if the substantial
'41r e
497
City of Renton
4-8-12 4-8-13
rights of the applicant may have been preju- 4-8-12: REPORT BY BUILDING
diced because the decision is: DEPARTMENT:
When such application has been set for
a. In violation of constitutional provi- public hearing, if required, the Building Depart-
sions;or ment shall coordinate and assemble the comments
and recommendations of other City departments
b. In excess of the authority or jurisdic- and governmental agencies having an interest in
tion of the agency; or the subject application and shall prepare a report
summarizing the factors involved and the Building
c. Made upon unlawful procedure;or Department findings and supportive recommenda-
tions. At least seven (7) calendar days prior to the
d. Affected by other error of law; or scheduled hearing, the report shall be filed with
the Examiner and copies thereof shall be mailed to
e. Clearly erroneous in view of the entire the applicant and shall be made available for use
record as submitted; or by any interested party for the cost of reproduc-
tion. (Ord. 3300, 3-19-79; amd. Ord. 3592, 12-14-
f. Arbitrary or capricious. (Ord. 3992, 5- 81)
19-86)
5. The action of the Hearing Examiner in 4-8-13: PUBLIC HEARING:
the case of appeals from administrative
determinations and environmental determi- A. Before rendering a decision or recommenda-
nations shall be final and conclusive, unless tion on any application for which a public
appealed within the time frames established hearing is required, the Examiner shall hold
by Section 4-36-71. (Ord. 3454, 7-28-80; amd. at least one public hearing thereon. Notice of
Ord. 4660, 3-17-97) the time and place of the public hearing shall
be given as provided in the ordinance govern-
C. Facsimile Filings: Whenever any application ing the application. If none is specifically set
or filing is required under this Chapter, it forth, such notice shall be given at least ten
may be made by facsimile. Any facsimile fil- (10) days prior to such hearing.
ing received at the City after five o'clock
(5:00) P.M. on any business day will be B. On applications requiring approval by the
deemed to have been received on the follow- City Council, the public hearing before the
ing business day. Any facsimile filing Examiner, if required, shall constitute the
received after five o'clock (5:00) P.M. on the hearing by the City Council.
last date for filing will be considered an
untimely filing.Any party desiring to make a C. The Examiner shall have the power to pre-
facsimile filing after four o'clock (4:00) P.M. scribe rules and regulations for the conduct of
on the last day for the filing must call the hearings under this Ordinance subject to con-
Hearing Examiner's office or other City offi- firmation by the City Council, and to admin-
cial with whom the filing must be made and ister oaths and preserve order.
indicate that the filing is being made by fac-
simile and the number to which the facsimile D. At the close of the testimony, the Examiner
copy is being sent. The filing party must may close the public hearing, continue the
ensure that the facsimile filing is transmitted hearing to a time and date certain, or close
in adequate time so that it will be completely the public hearing pending the submission of
received by the City before five o'clock (5:00) additional information on or before a date
P.M. In all instances in which filing fees are certain.
to accompany the filing of an application,
those filing fees must be received by the City E. Until a final action on the application is
before the end of the business day on the last taken, the Examiner may dismiss the appli-
day of the filing period or the filing will be cation for failure to diligently pursue the
considered incomplete and will be rejected. application after notice is given to all parties
(Ord. 4353, 6-1-92) of record.
497
City of Renton
4-8-14 4-8-14
4-8-14: EXAMINER'S DECISION AND last area land use analysis and area zoning;
kottrof RECOMMENDATION; FINDINGS or
REQUIRED:
b. That the property is potentially
A. Unless the time is extended pursuant to classified for the proposed zone being
this Section, within fourteen (14) days of requested pursuant to the polices set forth
the conclusion of a hearing, or the date set in the Comprehensive Plan and conditions
for submission of additional information have been met which would indicate the
pursuant to this Chapter, the Examiner change is appropriate; or
shall render a written decision, including
findings from the record and conclusions c. That since the last previous land
therefrom, and shall transmit a copy of use analysis of the area zoning of the
such decision by regular mail, postage subject property, authorized public
prepaid, to the applicant and other parties improvements, permitted private
of record in the case requesting notice of development or other circumstances
the decision. The person mailing the affecting the subject property have
decision, together with the supporting undergone significant and material change.
documents, shall prepare an affidavit of
mailing, in standard form, and the affidavit 2. If the Hearing Examiner further
shall become a part of the record of the determines that the change of the zone
proceedings. In the case of applications classification is advisable, in the public
requiring City Council approval, the interest, tends to further the preservation
Examiner shall file his decision with the and enjoyment of any substantial property
City Council members individually at the rights of the petitioner, is not materially
expiration of the appeal period for the detrimental to the public welfare or the
decision. properties of other persons located in the
vicinity thereof, and is in harmony with the
B. In extraordinary cases, the time for filing of purposes and effect of the Comprehensive
the recommendation or decision of the Plan, then in such event, the Hearing
Slow Examiner may be extended for not more Examiner may recommend that the City
than thirty (30) days after the conclusion of Council approve the change of the zone
the hearing if the Examiner finds that the classification.
amount and nature of the evidence to be
considered, or receipt of additional D. Conditions : The Examiner' s
information which cannot be made recommendation or decision may be to
available within the normal decision period, grant or deny the application, or the
requires the extension. Notice of the Examiner may require of the applicant such
extension, stating the reasons therefor, conditions, modifications and restrictions as
shall be forwarded to all parties of record in the Examiner finds necessary to make the
the manner set forth in this Section for application compatible with its
notification of the Examiner's decision. environment and carry out the objectives
and goals of the Comprehensive Plan, the
C. Change of Zone Classification (Rezone): zoning ordinance, the subdivision
ordinance, the codes and ordinances of the
1. In any case where a change of the zone City of Renton, and the approved
classification of property is recommended, preliminary plat, if applicable. Conditions,
at least one of the following circumstances modifications and restrictions which may
shall be found to apply: be imposed are, but are not limited to,
additional set backs, screenings in the form
a. That substantial evidence was of landscaping and fencing, covenants,
presented demonstrating the subject easements and dedications of additional
reclassification appears not to have been road rights of way. Performance bonds may
specifically considered at the time of the
493
City of Renton
4-8-14 4-8-16
be required to insure compliance with the additional information requested, whichever is 110110
conditions, modifications and restrictions. later. (Ord. 3454, 7-28-80)
E. Termination of Decision: The City declares
that circumstances surrounding land use 4-8-16: APPEAL: Unless an ordinance
decisions change rapidly over a period of providing for review of decision of the
time. In order to assure the compatibility of Examiner requires review thereof by the
a decision with current needs and concerns, Superior Court, any interested party aggrieved
any such decision must be limited in by the Examiner's written decision or
duration, unless the action or recommendation may submit a notice of appeal
improvements authorized by the decision is to the City Clerk upon a form furnished by the
implemented promptly. Any application or City Clerk, within fourteen (14) calendar days
permit approved pursuant to this Chapter from the date of the Examiner's written report.
with the exception of rezones shall be The notice of appeal shall be accompanied by a
implemented within two (2) years of such fee in accordance with the fee schedule of the
approval unless other time limits are City. (Ord. 3658, 9-13-82)
prescribed elsewhere in the Renton
Municipal Code. Any application or permit A. The written notice of appeal shall fully,
which is not so implemented shall clearly and thoroughly specify the
terminate at the conclusion of that period substantial error(s) in fact or law which
of time and become null and void. The exist in the record of the proceedings from
Examiner may grant one extension of time which the appellant seeks relief. Facsimile
for a maximum of one year for good cause filing of a notice of appeal is authorized
shown. The burden of justification shall pursuant to the conditions detailed in
rest with the applicant. For large scale or Renton City Code Section 4-8-11C. (Ord.
phased development projects, the Examiner 4353, 6-1-92)
may at the time of approval or
recommendation set forth time limits for B. Within five (5) days of receipt of the notice
expiration which exceed those prescribed in of appeal, the City Clerk shall notify all V )
this Section for such extended time limits parties of record of the receipt of the
as are justified by the record of the action. appeal. Other parties of record may submit
letters in support of their positions within
ten (10) days of the dates of mailing of the
4-8-15: RECONSIDERATION: A n y notification of the filing of the notice of
interested person feeling that the appeal.
decision of the Examiner is based on an
erroneous procedure, errors of law or fact, error C. Thereupon the Clerk shall forward to the
in judgment, or the discovery of new evidence members of the City Council all of the
which could not be reasonably available at the pertinent documents, including the written
prior hearing, may make a written application decision or recommendation, findings and
for review by the Examiner within fourteen (14) conclusions contained in the Examiner's
days after the written decision of the Examiner report, the notice of appeal, and additional
has been rendered. The application shall set letters submitted by the parties. (Ord.
forth the specific errors relied upon by such 3658, 9-13-82)
appellant, and the Examiner may, after review
of the record, take further action as the D. No public hearing shall be held by the City
Examiner deems proper. The Examiner may Council. No new or additional evidence or
request further information which shall be testimony shall be accepted by the City
provided within ten (10) days of the request. The Council unless a showing is made by the
Examiner's written decision on the request for party offering the evidence that the
consideration shall be transmitted to all parties evidence could not reasonably have been
of record within ten (10) days of receipt of the available at the time of the hearing before
application for reconsideration or receipt of the the Examiner. If the Council determines
NINO
493
City of Renton
4-8-17 4-8-19
that additional evidence is required, the 4-8-17: COUNCIL ACTION:
Council shall remand the matter to the Any application requiring action by the
Examiner for reconsideration and receipt of City Council shall be evidenced by minute entry
additional evidence. The cost of transcription unless otherwise required by law. When taking
of the hearing record shall be borne by the any such final action, the Council shall make and
applicant. In the absence of an entry upon enter findings of fact from the record and conclu-
the record of an order by the City Council sions therefrom which support its action. Unless
authorizing new or additional evidence or otherwise specified, the City Council shall be pre-
testimony, and a remand to the Hearing sumed to have adopted the Examiner's findings
Examiner for receipt of such evidence or tes- and conclusions.
timony, it shall be presumed that no new or
additional evidence or testimony has been A. In the case of a change of the zone classifica-
accepted by the City Council, and that the tion of property (rezone), the City Clerk shall
record before the City Council is identical to place the ordinance on the Council's agenda
the hearing record before the Hearing Exam- for first reading. Final reading of the ordi-
iner. (Ord. 4389, 1-25-93) nance shall not occur until all conditions,
restrictions or modifications which may have
E. The consideration by the City Council shall been required by the Council have been
be based solely upon the record, the Hearing accomplished or provisions for compliance
Examiner's report, the notice of appeal and made to the satisfaction of the Legal Depart-
additional submissions by parties. ment.
F. If, upon appeal of a decision of the Hearing B. All other applications requiring Council
Examiner on an application submitted pursu- action shall be placed on the Council's agenda
ant to Section 4-8-10A and after examination for consideration. (Ord. 3454, 7-28-80)
of the record, the Council determines that a
substantial error in fact or law exists in the C. The action of the Council approving, modify-
record, it may remand the proceeding to ing or rejecting a decision of the Examiner
Examiner for reconsideration, or modify, or shall be final and conclusive, unless appealed
reverse the decision of the Examiner accord- within the time frames established under
ingly. Section 4-36-7I. (Ord. 3725, 5-9-83;amd. Ord.
4660, 3-17-97)
G. If,upon appeal from a recommendation of the
Hearing Examiner upon an application sub-
mitted pursuant to Section 4-8-1OB or C, and 4-8-18: SEVERABILITY:
after examination of the record, the Council The provisions of this Ordinance are
determines that a substantial error in fact or hereby declared to be severable. If any word,
law exists in the record, or that a recommen- phrase, clause, sentence, paragraph, section or
dation of the Hearing Examiner should be dis- part in or of this Ordinance, or the application
regarded or modified, the City Council may thereof to any person or circumstance, is declared
remand the proceeding to the Examiner for invalid, the remaining provisions and the applica-
reconsideration, or enter its own decision tion of such provisions to other persons or circum-
upon the application pursuant to Section 4-8- stances shall not be affected thereby, but shall
10B or C. remain in full force and effect, the Mayor and City
Council hereby declaring that they would have
H. In any event, the decision of the City Council ordained the remaining provisions of this Ordi-
shall be in writing and shall specify any mod- nance without the word, phrase, clause, sentence,
ified or amended findings and conclusions paragraph, section or part or the application
other than those set forth in the report of the thereof, so held invalid.
Hearing Examiner. Each material finding
shall be supported by substantial evidence in
the record. The burden of proof shall rest 4-8-19: REPEALING CONFLICTING
with the appellant. (Ord. 3658, 9-13-82) ORDINANCES:
Any and all ordinances or parts of ordi-
nances in conflict herewith are hereby repealed.
497
City of Renton
4-8-20 4-8-20
4-8-20: EFFECTIVE DATE:
This Ordinance shall be effective from
and after its passage, approval and five (5) days
after its publication, unless otherwise provided for
hereinabove. (Ord. 3071, 10-18-76)
497
City of Renton