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HomeMy WebLinkAboutFinal Agenda PacketAGENDA City Council Regular Meeting 7:00 PM - Monday, December 10, 2018 Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT 4. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. S. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of 12/3/2018. Council Concur b) AB - 2278 Mayor Law appoints the following individuals to the Planning Commission: Mara Fiksdal for an unexpired term expiring on 1/31/2019; Shannon Matson for an unexpired term expiring on 6/30/2019; and Robert Reeder for an unexpired term expiring on 1/31/2020. Council Concur c) AB - 2275 Community Services Department recommends approval of the Agreement for Architectural Services, with Mackenzie Architects, in an amount not to exceed $192,000, for architectural services for the City of Renton Police Training Center and City Attorney Office project. Council Concur d) AB - 2276 Community Services Department recommends approval of the Washington State Department of Enterprise Services (DES) Energy Savings Performance Contracting (ESPC), also known as the DES/ESCO agreement, for the City Hall HVAC Replacement project, in the amount of $1,986,031. Worked will be performed by McKinstry Co., LLC. Council Concur e) AB - 2281 Executive Department recommends approval of Amendment #2 to CAG-15- 187, between the City and Cayce & Grove, in the amount of $40,322 a month with the option to increase to an additional $280 per case (an increase of $5 per case), for extending the public defense services contract. Council Concur f) AB - 2279 Police Department recommends approval a Memorandum of Understanding (MOU) between the cities of Renton, Kent, and Auburn regarding participation in the Alive & Free violence reduction program administered through the Seattle YMCA. City's cost is $60,000 per year. Council Concur g) AB - 2273 Police Department requests authorization to hire a lateral police officer at Step E of salary grade pc60, effective upon the officer's hiring date. Council Concur h) AB - 2274 Utility Systems Division recommends approval of a sole source agreement with Ferguson Enterprises, Inc., in the amount of $363,172.50 plus applicable sales tax, for information technology upgrades and technical support services for the City's Sensus Flexnet Automated Metering Infrastructure system. Council Concur 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Committee of the Whole: Council Policies Updates* b) Finance Committee: Vouchers; Excess Loss Carrier Agreement-Symetra; Landscape Maintenance Contract Amendment; King Conservation District Tree Canopy Grant Agreement c) Transportation Committee: Renton Municipal Airport Master Plan Preferred Airside Alternative d) Utilities Committee: Kennydale Reservoir Construction Services Agreement - Murraysmith 7. LEGISLATION Resolutions: a) Resolution No. 4362: Alive & Free Interlocal Agreement (See 5.e) b) Resolution No. 4363: Council Policies 800-01 Through 800-13 (See 8.a) Ordinances for first reading and advancement to second and final reading: c) Ordinance No. 5916: Submittal Requirements (D-143) (approved 911012018 via Planning & Development Committee Report) d) Ordinance No. 5917: Administrative Code Interpretations (D-153) (approved 1111912018 via Planning & Development Committee Report) e) Ordinance No. 5918: Authorizing Property Tax Levy (pursuant to 111512018 Committee of the Whole Report) Ordinances for second and final reading: f) Ordinance No. 5886: Alarm System Regulations (First Reading 121312018) g) Ordinance No. 5902: Quasi -Judicial Appeals - RMC Title IV (Development Regulations) Amendment (First Reading 121312018) h) Ordinance No. 5903: Street Name Changes (D-144) (First Reading 121312018) i) Ordinance No. 5904: Short Term Rentals (D-145) (First Reading 121312018) j) Ordinance No. 5905: Downtown Window Transparency (D-146) (First Reading 121312018) k) Ordinance No. 5906: Variance Procedures (D-147) (First Reading 121312018) 1) Ordinance No. 5907: Short Plat/Formal Plat Streamline Process (D-148) (First Reading 121312018) m) Ordinance No. 5908: Mobile Food Vendors (D-149) (First Reading 121312018) n) Ordinance No. 5909: Parking Standards (D-151) (First Reading 121312018) o) Ordinance No. 5910: Service and Social Organizations (D-152) (First Reading 121312018) p Ordinance No. 5911: Multi -Family Incentives, Tax Exemptions, and Waived Fees (MFTE - D-154) (First Reading 121312018) cl) Ordinance No. 5912: Waived Fees Incentive Changes and Extension (D-154) (First Reading 121312018) r) Ordinance No. 5913: Residential Rental Program Ordinance (D-118) (First Reading 121312018) s) Ordinance No. 5914: Rezone Comprehensive Plan (First Reading 121312018) t) Ordinance No. 5915: 2018 Comprehensive Plan (First Reading 121312018) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. EXECUTIVE SESSIONS a) Labor Negotiations - RCW 42.30.140(4)(B) -approximately 30 minutes; and then b) Sale of Real Estate - RCW 42.30.110(1)(c) - approximately 30 minutes 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 4:30 p.m. - 7th Floor - Conferencing Center Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/counciImeetings AGENDA ITEM #5. a) CITY OF enton ifi MINUTES City Council Regular Meeting 7:00 PM - Monday, December 3, 2018 Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Council President Randy Corman Ryan Mclrvin Ruth Perez Armondo Pavone Don Persson Carol Ann Witschi ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Robert Harrison, Chief Administrative Officer Shane Moloney, City Attorney Megan Gregor, Deputy City Clerk Preeti Shridhar, Deputy Public Affairs Administrator Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Chief Ed VanValey, Police Department Commander Dan Flgaro, Police Department SPECIAL PRESENTATION a) Unity Forum Outcome: Police Chief Ed VanValey provided a brief presentation on the 2018 Unity Forum Outcome. December 3, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) ADMINISTRATIVE REPORT Chief Administrative Officer Robert Harrison reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2018 and beyond. Items noted were: Inclement Weather Response Reminder: The Public Works Department would like to remind residents to help the City prevent local residential street flooding by monitoring catch basins near your home and keeping them clear of leaves and other debris. Street sweepers are dispatched daily to clean up debris along major arterials. Also, snow is not far away. Please remember that during snow and ice events, the department sanders and snow plows are dispatched to keep major arterials drivable. Visit the City's website to view snow route maps. It is imperative that motorists do not park or abandon their vehicles within any portion of the traffic lanes. Abandoned vehicles impair snow and ice removal and impact response of emergency vehicles. Clam Lights holiday lights display runs nightly from 5:00 p.m. to 9:00 p.m. through January 1st at Gene Coulon Memorial Beach Park. Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS The following individuals spoke about their concerns related to the administrations recommendation regarding the Renton Municipal Airport Master Plan Preferred Airside Alternative: • Marcie Palmer, Renton • Warren Hendrickson, Gig Harbor • Diane Paholke, Renton Following public comment, Councilmember Corman requested that Council receive an explanation regarding why staff is recommending Alternative #5 to the Renton Municipal Airport Master Plan Preferred Airside Alternative and that the memo also get posted to the City's website. Additionally, it was requested that staff explain the downside (apart from grant funding) of waiting to make a decision regarding this matter. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of November 19, 2018. Council Concur. b) AB - 2272 Mayor Law appointed the following individuals to the Renton Municipal Arts Commission with terms expiring 12/31/2021: Kaie Wise and Brianna Burroughs. Refer to Community Services Committee. c) AB - 2250 Community Services Department recommended approval an Agreement for Performance of Conservation Services with the King Conservation District for additional tree canopy assessment services. The $6,000 in required funding is derived from Renton's King Conservation District allocation set -asides from the Member Jurisdiction Grant Program at no direct expense to the City. Refer to Finance Committee. December 3, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) d) AB - 2269 Community Services Department recommended approval of Amendment #7 to CAG-16-078, contractor Canber Corporation, in the amount of $417,429.10 per year for 2019 - 2021, for landscape maintenance services of City right-of-ways, park and open spaces, trails, and City facilities. Refer to Finance Committee. e) AB - 2257 Executive Department recommended adoption of the 2019 Legislative Priorities and 2019 State Legislative Agenda Support/Oppose Bills. Council Concur. f) AB - 2256 Human Resources / Risk Management Department recommended approval of the 2019 Excess Loss insurance contract with Symetra in the amount of $413,720 to protect the City from the cost of high -dollar claims. Refer to Finance Committee. g) AB - 2270 Utility Systems Division recommended approval of an agreement with Murraysmith, Inc., in the amount of $479,337, for professional services related to the construction of the Kennydale 320-Pressure Zone Reservoir. Refer to Utilities Committee. MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Committee of the Whole Council President Prince presented a report concurring in the staff recommendation to approve the agreement between Southport West LLC and the City of Renton regarding the Park Avenue North Extension and the private road accessing the Southport property and authorize the Mayor and City Clerk to execute the agreement. MOVED BY PRINCE, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve a 100-percent waver of the eligible development and mitigation fees as provided in Renton Municipal Code (RMC) 4-1-210134 for the 28 Hundred Townhomes project. This project includes 11 owner occupied fee simple townhome units located at 2800 NE 12th Street and 2801 & 2803 NE 13th Street in the Sunset Area. The subject property is 0.66 acres and located within the Residential-14 (R-14) zoning designation. The estimated total fees requested to be waived for the 28 Hundred Townhomes project are estimated at $234,151. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve an amendment in the 2017/2018 Budget appropriations in the amount of $6,001,300 with the total amended budget to be $652,459,174 for the biennium. The Committee further recommended that the ordinance regarding the 2018 Year End Budget Amendment be presented for first reading and adoption. MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. December 3, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) LEGISLATION Ordinance for first reading and advancement to second and final reading: a) Ordinance No. 5901: An ordinance was read amending the City of Renton fiscal years 2017/2018 Biennial Budget as adopted by Ordinance No. 5824 and thereafter amended by Ordinance Nos. 5835, 5850, 5864, 5880 and 5885 in the amount of $6,001,300. MOVED BY PERSSON, SECONDED BY PEREZ, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Following a second and final reading, it was MOVED BY PERSSON, SECONDED BY PEREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinances for first reading: b) Ordinance No. 5886: An ordinance was read repealing and replacing Chapter 6-3 of the Renton Municipal Code, amending Alarm System Regulations, and providing for severability and establishing an effective date. MOVED BY PAVONE, SECONDED BY PERSSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. c) Ordinance No. 5902: An ordinance was read amending Subsections 4-8-110.F and 4-9-070.13 of the Renton Municipal Code, by allowing the City Council to render a quasi-judicial appeal decision affirming the underlying decision without substantive review, eliminating a hearing examiner appeal when the hearing examiner is the underlying decision maker, specifying appeal paths for procedural and substantive environmental appeals, and providing for severability and establishing an effective date. MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. d) Ordinance No. 5903: An ordinance was read amending sections 9-11-2, 9-11-5, and 9-11-7 of the Renton Municipal Code, by defining the term honorary street name, establishing procedures for the assignment of honorary street names, and providing for severability and establishing an effective date. (D-144) MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. e) Ordinance No. 5904: An ordinance was read amending Chapter 4-4 of the Renton Municipal Code, by adding Section 4-4-055, short-term rentals, regulating short-term rentals of a dwelling unit or portion thereof, and providing for severability and establishing an effective date. (D-145) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. December 3, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) f) Ordinance No. 5905: An ordinance was read amending "Ground Level Details" in subsection 4-3-100.E.S and adding Commercial Sign Regulations regarding buildings located in the CD Zone to Subsection 4-4-100.1-1.4.13 of the Renton Municipal Code, regarding downtown window transparency, and providing for severability and establishing an effective date. (D- 146) MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. g) Ordinance No. 5906: An ordinance was read amending Subsection 4-9-250.13.1 of the Renton Municipal Code, by adding development standards from which commercial and industrial land uses can be granted a variance, providing for severability, and establishing an effective date. (D-147) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. h) Ordinance No. 5907: An ordinance was read amending Subsections 4-1-045.F.2, 4-6-010.C, 4- 6-060.D, 4-6-060.J.3, 4-6-080.K, 4-7-020.A, 4-7-020.1), 4-7-050.13, 4-7-050.C.6, 4-7-050.D.7, 4- 7-060.E.3, 4-7-060.F, 4-7-060.G, 4-7-060.1-1, 4-7-070.A, 4-7-070.1-1.1, 4-7-070.J, 4-7-0701, 4-7- 070.M, 4-7-070.0, 4-7-080.E, 4-7-080.J, 4-7-0801, 4-7-110.C, 4-7-130.A, 4-7-200.E, AND 4-9- 060.C, Sections 4-7-140 AND 4-7-190, and the definitions of "Final Plat Plan" in Subsection 4- 8-120.D.6, "Lot Line Adjustment Map" in Subsection 4-8-120.D.12, and "Short Plat or Binding Site Plan Map, Final" in Subsection 4-8-120.D.19, of the Renton Municipal Code, streamlining, clarifying, and updating short plat and formal plat processes, and providing for severability and establishing an effective date. (D-148) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. i) Ordinance No. 5908: An ordinance was read amending Subsections 4-2-060.1, 4-2-080.A.23, 4- 9-240.D, 4-8-240.K.2, and the definition of "Mobile Food Vending" in Section 4-11-130 of the Renton Municipal Code, and Repealing Subsection 4-2-060.R of the Renton Municipal Code, regarding Mobile Food Vendors, and providing for severability and establishing an effective date. (D-149) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. j) Ordinance No. 5909: An ordinance was read amending Subsections 4-4-080.F.8 and 4-4- 080.F.10 of the Renton Municipal Code, amending Parking Standards, and providing for severability and establishing an effective date. (D-151) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. December 3, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) k) Ordinance No. 5910: An ordinance was read amending Subsection 4-2-060.G, adding a definition of "Private Club, Fraternal Organization" to Section 4-11-160, and amending the definitions of "Services, Off -Site", "Services, On -Site", and "Service and Social Organizations" in Section 4-11-190 of the Renton Municipal Code, amending regulations related to Service and Social Organizations, and providing for severability and establishing an effective date. (D- 152) MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. 1) Ordinance No. 5911: An ordinance was read amending Section 4-1-220 of the Renton Municipal Code, by extending and modifying the Multi -Family Housing Property Tax Exemption, and providing for severability and establishing an effective date. (D-154) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. m) Ordinance No. 5912: An ordinance was read amending Subsections 4-1-210.A, 4-1-210.B, and 4-1-210.0 of the Renton Municipal Code, by extending and modifying the waiver of certain development and mitigation fees, and providing for severability and establishing an effective date.(D-154) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. n) Ordinance No. 5913: An ordinance was read amending Subsection 5-5-3.A of the Renton Municipal Code and adding Section 4-5-125 to the Renton Municipal Code to create a Residential Rental Registration and Inspection Program, and providing for severability and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. o) Ordinance No. 5914: An ordinance was read changing the Zoning Classification of four parcels (7227801315, 7227801290, 7227801295, 7227801300) within the City of Renton from Residential Fourteen Dwelling Units per acre (R-14) to Center Village (CV) (CPA 2018-M-01). MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. p) Ordinance No. 5915: An ordinance was read adopting the 2018 amendments to the City's 2015 Comprehensive Plan, Maps, and Data in conjunction therewith. MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinance for second and final reading: q) Ordinance No. 5900: An ordinance was read amending Subsection 4-5-060.E.2 of the Renton Municipal Code, eliminating the exemption from permits for wireless facilities in the right-of- way, and providing for severability and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY WITSCHI, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. December 3, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME: 8:08 P.M. Jason A. Seth, CIVIC, City Clerk Megan Gregor, CIVIC, Recorder Monday, December 3, 2018 December 3, 2018 REGULAR COUNCIL MEETING MINUTES Council Committee Meeting Calendar AGENDA ITEM #5. a) December 3, 2018 December 6, 2018 Thursday 3:30 PM Utilities Committee, Chair Witschi - Council Conference Room 1 . Kennydale Reservoir Construction Services Agreement, Murraysmith 2. Emerging Issues in Utilities 4:00 PM Planning & Development Committee, Chair Mclrvin - Council Conf. Rm. 1 . Trails and Bicycles Master Plan 2. Bike Share Survey 3. Shoreline Master Program Periodic Review - briefing only 4. Emerging Issues in CED December 10, 2018 Monday 3:30 PM Finance Committee, Chair Persson - Council Conference Room 1 . Excess Loss Carrier Agreement 2. Landscape Maintenance Contract Amendment 3. King Conservation District Tree Canopy Grant Agreement 4. Vouchers 5. Emerging Issues in Finance CANCELLED Public Safety Committee, Chair Pavone 4:30 PM Committee of the Whole, Chair Prince - Conferencing Center 1 . Tri-park Master Plan / Narco Property 2. Parking at Coulon Park 3. Sunset Neighborhood Park - Phase II Update 4. Council Policies Update 5. 200 Mill Update AGENDA ITEM #5. b) AB - 2278 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: None Appointments to Planning Commission Council Concur Executive Department April Alexander, Executive Assistant 6520 Mayor Law appoints the following to the Planning Commission: Ms. Mara Fiksdal, for an unexpired term expiring 1/31/19 Ms. Shannon Matson, for an unexpired term expiring 6/30/19 Mr. Robert Reeder, for an unexpired term expiring 1/31/20 A. Recommendation memo for appointments B. Application -Mara Fiksdal C. Application -Shannon Matson D. Application -Robert Reeder Confirm Mayor Law's appointments to the Planning Commission: Ms. Fiksdal, Ms. Matson, Mr. Reeder AGEN R C 1V1501 DEPARTMENT OF COMMUNITY DEC U 3 2018 1 & ECONOMIC DEVELOPMENT CITY OF RF NTON M E M O R A N D U M DATE: December 3, 2018 TO: Denis Law, Mayor FROM: C. E. "Chip" Vincent, CED Administrator r SUBJECT: Appointments of Mara Fiksdal, Shannon Matson, and Robert Reeder to the Planning Commission The Planning Commission currently has three vacancies requiring appointments. Roxanna Johnson resigned before the end of her term which expires on January 31, 2019. Michael Drollinger has informed staff of his intention to resign from the Commission. His term expires on June 30, 2019. Additionally, Martin Regge recently passed and his term expires on January 31, 2020. Commission Chair Angelina Benedetti, Long Range Planning Manager Angie Mathias, and I met with Mara Fiksdal, Shannon Matson, and Robert Reeder. All three are well qualified to serve on the Planning Commission. Their applications are attached. Staff recommends appointments of Mara Fiksdal to the seat vacated by Roxanna Johnson, Shannon Matson to the seat vacated by Michael Drollinger, and Robert Reeder to the seat vacated by Martin Regge. M #5. b) h:\ced\planning\planning commission\appointments\2018\fiksdal, matson, reeder appointments. docx AGENDA ITEM #5. b) Hannah L Miller From: April Alexander Sent: Monday, August 13, 2018 10:21 AM To: Hannah L Miller Subject: FW: Application for Boards/Commissions/Committees 2018-08-13 10:17 AM(PST) Submission Notification From: notification@civiclive.com [mailto:notification@civiclive.comj Sent: Monday, August 13, 2018 10:17 AM To: April Alexander <analexander@Rentonwa.gov> Subject: Application for Boards/Commissions/Committees 2018-08-13 10:17 AM(PST) Submission Notification Application for Boards/Commissions/Committees 2018-08-13 10:17 AM(PST) was submitted by Guest on 8/13/2018 1:17:03 PM (GMT-08:00) Canada/Pacific Name Value Airport Advisory Committee* Civil Service Commission* Community Plan Advisory Board - Benson Hill Community Plan Advisory Board - City Center Historical/Museum Board* Historical/Museum Board* Housing Authority* Housing Authority* Human Services Advisory Committee* Human Services Advisory Committee* Library Advisory Board* Municipal Arts Commission* Parks Commission* Parks Commission* Planning Commission* Planning Commission* Senior Citizens Advisory Committee* Sister City Committee - CuautIa Sister City Committee - Nishiwaki Gender Ms. Name Mara Fiksdal Address: Email Phone AltPhone: Resident Yes ResidentSince 10/2014 formerresidence Issaquah, WA EducationBackground Pacific Lutheran University 1 AGENDA ITEM #5. b) I've worked for Communities in Schools of Renton for the OccupationalBackground past nine years. Prior to that, I have worked for a variety of other non-profit organizations in Seattle and Tacoma: Employer: Currently not employed CommunityActivities CIS Renton SUNA Neighborhood Board Girl Scouts Reasonfora 1 in I would like to continue to make a difference in my PP y g community. Day Meetings Day Meetings Night Meetings Night Meetings To view this form submission online, please follow the link below: hops://rentonwa.pov/foi-m/one.aspx?objectld= I3670188&contextld=9212967&returnto=submissions AGENDA ITEM #5. b) Hannah L Miller From: April Alexander Sent: Thursday, August 16, 2018 1:54 PM To: Hannah L Miller Subject: FW: Application for Boards/Commissions/Committees 2018-08-16 11:12 AM(PST) Submission Notification From: notification@civiclive.com [mailto:notification@civiclive.com] Sent: Thursday, August 16, 2018 11:12 AM To: April Alexander <analexander@Rentonwa.gov> Subject: Application for Boards/Commissions/Committees 2018-08-16 11:12 AM(PST) Submission Notification Application for Boards/Commissions/Committees 2018-08-16 11:12 AM(PST) was submitted by Guest on 8/16/2018 2:12:26 PM (GMT-08:00) Canada/Pacific Name Airport Advisory Committee* Civil Service Commission* Community Plan Advisory Board - Benson Hill Community Plan Advisory Board - City Center Historical/Museum Board* Housing Authority* Human Services Advisory Committee* Library Advisory Board* Municipal Arts Commission* Parks Commission* Planning Commission* Planning Commission* Senior Citizens Advisory Committee* Sister City Committee - Cuautla Sister City Committee - Nishiwaki Gender Ms. Name Shannon Matson Address: Emaij�� Phone (��! AltPhone: Resident Yes ResidentSince 2004 formerresidence Olympia, WA Value 191- 69, a AGENDA ITEM #5. b) University of Washington Ph.D. Education Policy, Anticipated Comp. 04/19 U.S. Department of Education IES EducationBackground Pre -doctoral Fellow University of Washington CREST Research Fellow University of Washington Master of Public Administration, 06/02 Non -Profit Management and Program Evaluation Deputy Director, Aerospace Joint Apprenticeship Committee, 03/14-present Institutional Researcher, Seattle Colleges, District Office, 07/12-3/14 CREST Research Fellow, University of Washington, 11/09-07/13 Program OccupationalBackground Manager, University of Washington, Educational Outreach, 10/07-11/09 Director, Washington Business Week, 12/03- 10/07 Research Coordinator, Washington State Institute for Public Policy, 9/02-11/03 Evaluation Specialist, Solid Ground, 9/00-9/02 Aerospace Machinist Joint Training Committee (Aerospace Joint Apprenticeship Committee, a 501 (c)(3) non-profit Employer: agency, providing apprenticeship and pre -apprenticeship training statewide in partnership with 12 community and technical colleges and over 250 sponsoring manufacturing employers. I serve on a number of education related advisory committees, to include the leadership team for King County's Career Connected Learning Initiative and Chair of South Seattle College's Professional Technical Educator Bachelors Degree. For many years, I volunteered on the City CommunityActivities of Renton's Human Services Committee (2 years as Chair). This year I participated in the City of Renton's Budget Advisory Committee. My husband and I participate in numerous city sponsored events downtown each year. I also volunteer regularly at Hazelwood Elementary where my children attend school I deeply value the time I spent working with staff and other volunteers as a part of Renton's Human Services Advisory Committee. The Planning Commission represents a new Reasonforapplying opportunity for me to learn and serve. I have a strong interest in city planning, land use and local government. I would love the opportunity to lend my voice in creating a safe, prosperous, and sustainable city in the years to come. Day Meetings Day Meetings ngs To view this form submission online, ple w: https:Hrentonwa.gov/form/one,aspx?obiectId=13696994&contextld=9212967&returnto=subnussions AGENDA ITEM #5. b) Hannah L Miller From: April Alexander Sent: Wednesday, October 24, 2018 1:40 PM To: Hannah L Miller Subject: FW: Application for Boards/Commissions/Committees 2018-10-24 01:28 PM(PST) Submission Notification From: notification@civiclive.com [mailto:notification@civiclive.com) Sent: Wednesday, October 24, 2018 1:28 PM To: April Alexander <analexander@Rentonwa.gov> Subject: Application for Boards/Commissions/Committees 2018-10-2401:28 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2018-10-24 01:28 PM(PST) was submitted by Guest on 10/24/2018 4:28:21 PM (GMT-08:00) Canada/Pacific Name Value Airport Advisory Committee* Civil Service Commission* Community Plan Advisory Board - Benson Hill Community Plan Advisory Board - City Center Historical/Museum Board* Housing Authority* Human Services Advisory Committee* Library Advisory Board* Municipal Arts Commission* Parks Commission* Planning Commission* Planning Commission* Senior Citizens Advisory Committee* Sister City Committee - Cuautla Sister City Committee - Nishiwaki Gender Mr. Name Robert M. Reeder Address: , Email Phone+Md06N@@ft* AltPhone: Resident Yes ResidentSince 2014 formerresidence Kent, WA EducationBackground BBA Quantitative Management, Idaho State University 1970 1 AGENDA ITEM #5. b) I had a forty year career in information technology OccupationalBackground beginning as a programmer and retiring as Chief Information and Senior Vice President. Employer: US Army 1970 - 1971 John Deere 1972 - 1990 Alaska Airlines 1990 - 2008 Member of Renton Rotary. Board member for Renton CommunityActivities Community Foundation. Served on the last two Renton Budget Advisory Committees. Served on the 2018 Renton Citizen Advisory Committee for Parks and Trails. Renton is in an exciting era of change. It is no accident that this well -run city is attracting attention from investors and employers as a great place to live, work, play, and learn. Solid leadership, a terrific location, a diverse population, Reasonfora l in and a growing diversity of businesses and jobs will attract pp y g more of everything. Wise planning can help maximize the good things that will be part of our future and minimize the challenges that can come from growth. I feel like I can contribute to that process and I would be honored to be involved. Day Meetings Day Meetings Night Meetings Night Meetings To view this form submission online, please follow the link below: lit t s:!lrentonwa.aovlform/one.as x?ob'ectId=14663349&contextld=9212967&returnto=submissions AGENDA ITEM #5. c) AB - 2275 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: Architectural Services for Police Training Center and City Attorney Office RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Michael Nolan, Project Coordinator EXT.: 6608 The maximum, not to exceed fee for all architectural and engineering services from initial programming through final construction is $192,000. There are currently two projects planned for the fourth floor of Renton City Hall: • A Police Training Center • The relocation of the City Attorney Department. In the interest of increased efficiency and lower costs, a single architect has been engaged to design both projects. Mackenzie Architects' proposal includes all work to be performed by their firm and their engineering consultants from project inception clear through to final construction and move -in. Design work will begin immediately upon approval of their contract. Even though the two projects will be designed and bid together, once construction starts the Police Training Center will be given top priority and expedited as much as possible. We anticipate early occupation of the Training Center in late summer of 2019. A. Proposal from Mackenzie Architects B. Agreement for Architectural Services, Mackenzie Approve the proposal from MacKenzie Architects titled "City of Renton Police Training Center and City Attorney Office" and authorize the Mayor to sign the "Agreement for Architectural Services". AGENDA ITEM #5. c) AGREEMENT FOR ARCHITECTURAL SERVICES THIS AGREEMENT, dated December 10, 2018, is by and between the City of Renton (the "City'), a Washington municipal corporation, and Mackenzie Engineering, Inc. ("Consultant"), 500 Union St, #410, Seattle, WA 98101. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. L Scope of Work: Consultant agrees to provide architectural services as specified in Exhibit A Proposal for City of Renton Police Training Center, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B (Hourly Rate Schedule) or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A - All Work shall be performed by no later than October 31,2019. 4, Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $ 192,000 as described in Exhibit A plus any applicable state and local sales taxes. Compensation shall be paid on a fixed fee and time & materials basis based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A of scope of work. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, once compensated as described above, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by Page 1 of 9 AGENDA ITEM #5. c) the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. S. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Standard of Care And Right To Use Work Product: Consultant represents that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents that all final .. Page 2 of 9 AGENDA ITEM #5. c) work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. & Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made Page 3 of 9 AGENDA ITEM #5. c) by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to doso. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11 Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. Page 4 of 9 AGENDA ITEM #5. c) 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://rentonwa.gov/business/default.aspx?id=548&mid=328. Information regarding State business licensing requirements can be found at: http://dor.wa.gov/content/doingbusiness/registermybusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per claim. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws ofthe State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14� Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control Page 5 of 9 AGENDA ITEM #5. c) occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jeffrey Minisci 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6643 Fax: (425) 430-6603 CONSULTANT Rich Mitchell, Project Principal 500 Union Street, Suite 410 Seattle, WA 98101 Phone: (206) 749-9993 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials orsupplies. B. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. Page 6 of 9 AGENDA ITEM #5. c) C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub -contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub- contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Michael Nolan. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. (D Page 7 of 9 AGENDA ITEM #5. c) D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement orsuccessor. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no oneelse. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. Page 8 of 9 AGENDA ITEM #5. c) M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: Dennis Law Mayor Date Attest: Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Nonstandard 12-4-18 clb (520) CONSULTANT By: �L Rich Mitchell Project Principal December 5, 2018 Date 0 Page 9 of 9 MACKENZIE. DESIGN DRIVEN I CLIENT FOCUSED AGENDA ITEM #5. c) P 206.749.9993 • F 206.749.5565 • W MCKNZE.COM • Logan Building, 500 Union Street, #545, Seattle, WA 98101 ARCHITECTURE • INTERIORS • STRUCTURAL ENGINEERING • CIVIL ENGINEERING • LAND USE PLANNING • TRANSPORTATION PLANNING • LANDSCAPE ARCHITECTURE ■ Portland, Oregon • Vancouver, Washington • Seattle, Washington AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. AGENDA ITEM #5. c) M. Attachment A POLICE TRAINING CENTER CITY HALL - 4TH FLOOR Attachment B ,/;U T LA RE ExcPr4S�oN n UP DN O O -�H 0 0 000 0 2EKOvE WALLS ❑I 11 n to AGENDA ITEM #5. d) AB - 2276 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: DES/ESCO Contract City Hall HVAC Replacement Council Concur Community Services Department Jeff Minisci, Facilities Director x6643 The guaranteed maximum project allowable cost is $1,752,483. Including sales tax and DES management fees, the final project cost is $1,986,031. The annual energy savings are $43,754. Operational and maintenance savings have been included in the cash flows as agreed by the DES energy project manager and the City of Renton - these projections are based on reduced repair costs and future avoided capital expenditures and represent $25,000 annual savings. Total first -year savings are estimated at $68,754. Final Project Cost is $1,986,031 Council approved contract with the Washington State Department of Enterprise Services (DES) Energy Savings Performance Contracting (ESPC) program. McKinstry has completed an extensive study and investigation of energy upgrades for the City of Renton. Our Investment Grade Audit presents a holistic project solution for improving the overall facility efficiency and operation. Our proposed solutions will result in lower utility use and costs along with improved building system performance and occupant productivity. Renton City Hall was built in 1987 and much of the HVAC equipment is original to the building and it at the end of their serviceable life and in need of replacement. Goals for the project include replacing equipment that is past its useful serviceable life and to increase reliability of the main HVAC system. A DES -City of Renton InterAgency Amendment B DES -Energy Services Company (ESCO) Funding Approval Community Services recommends approval of the DES/ESCO agreement for City Hall HVAC replacement, in the amount of $1,986,031. AGENDA ITEM #5. d) INTERAGENCY Amendment Date: November 19, 2018 Agreement No: K4137 Project No.: 2017-299, 2018-027 Amendment No: 3 Department of Enterprise Services Interagency Agreement Between the State of Washington Department of Enterprise Services and City of Renton The parties to this Agreement, the Department of Enterprise Services, Engineering & Architectural Services, hereinafter referred to as "DES", and City of Renton, hereinafter referred to as the "CLIENT AGENCY", hereby amend the Agreement as follows: 1. Statement of Work DES shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A-1" and Attachment "C-1", attached hereto and incorporated herein by reference. Unless otherwise specified, DES shall be responsible for performing all fiscal and program responsibilities as set forth in Attachment "A-1" and Attachment "C-1". Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement. 1.1 Renton Senior Center Energy Efficiency Improvements outlined in the Sunset Air, Inc. Energy Services Proposal dated July 18, 2017. 1.2 Review of Measurement and Verification reports for the Renton Senior Center Energy Efficiency Improvements outlined in the Sunset Air, Inc. Energy Services Proposal dated July 18, 2017. 1.3 ESP Addendum for Renton Senior Center Energy Efficiency Improvements outlined in the Sunset Air Inc. Energy Services Proposal dated October 20, 2017. 1.4 City of Renton, City Hall Phase 1 outlined in the McKinstry Essention, LLC Energy Services Proposal dated October 19, 2018, revised November 5, 2018. 4. Consideration Compensation under this Agreement shall be by Amendment to this Agreement for each authorized project. Each Amendment will include a payment schedule for the specific project. Interagency Agreement No. K4137 Pagel of 3 AGENDA ITEM #5. d) For Project Management Services provided by DES under Attachment "A- I" of this Agreement, the CLIENT AGENCY will pay DES a Project Management Fee for services based on the total project value per Project Management Fees Schedule set forth in Attachment "B-2". If the CLIENT AGENCY decides not to proceed with an Energy/Utility Conservation project that meets the CLIENT AGENCY's cost effective criteria, then the CLIENT AGENCY will be charged a Termination Fee per Attachment "B-2". The Termination Fee will be based on the estimated Total Project Value outlined in the Energy Audit and Energy Services Proposal prepared by the Energy Services Company (ESCO). If measurement and verification services are requested by the CLIENT AGENCY and provided by DES under Attachment "C-1" of this Agreement, the CLIENT AGENCY will pay DES $2,000.00 annually for each year of monitoring and verification services requested. Compensation for services provided by the ESCO shall be paid directly to the ESCO by the CLIENT AGENCY, after DES has reviewed, approved and sent the invoices to the CLIENT AGENCY for payment. 4.1 Energy Project Management Fee for the work described in Section 1.1 is $13,800.00. Anticipated billing date for this Amendment is September 30, 2017. 4.2 Measurement and Verification Fee for the work described in Section 1.2 is $4,000.00. Anticipated billing dates for this Amendment are December 14, 2019 and 2020. 4.3 Revised Energy Project Management Fee for added kitchen scope of work described in Section 1.3 is increased by $6,000.00 to a new fee of $19,800.00. Anticipated billing date for this Amendment is January 31, 2018. 4.4 Energy Project Management Fee for the work described in Section 1.4 is $58,300.00. Anticipated billing date for this Amendment is June 1, 2019. The new total Agreement value is $82,100.00. This Amendment also revises the Interagency Reimbursement Costs outlined in Attachment "B-l" of the Agreement to reflect the current DES project management fees. A new Attachment "B-2" is included with this Amendment. All sections above have been fully amended and are shown in their entirety. All other terms and conditions of this Agreement remain in full force and effect. The requirements of RCW 39.34.030 are satisfied by the underlying Agreement and are incorporated by reference herein. Interagency Agreement No. K4137 Page 2 of 3 AGENDA ITEM #5. d) Each party signatory hereto, having first had the opportunity to read this Amendment and discuss the same with independent legal counsel, in execution of this document hereby mutually agree to all terms and conditions contained herein, and as incorporated by reference in the original Agreement. City of Renton Title K4137IAAamd3ko Date Department of Enterprise Services Engineering & Architectural Services Roger A. Wigfield, P.E., Energy Program Manager Title Date Interagency Agreement No. K4137 Page 3 of 3 AGENDA ITEM #5. d) ATTACHMENT A-1 Scope of Work Energy/Utility Conservation Projects Management Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2017-193 DES will provide the following project management services for each specific project for the CLIENT AGENCY. Each individual project shall be authorized by Amendment to this Agreement. 1. Assist the CLIENT AGENCY in the selection of an Energy Service Company (ESCO) consistent with the requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy/utility conservation measures and estimated cost savings. 3. Negotiate scope of work and fee for ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Assist in negotiating the technical, financial and legal issues associated with the ESCO's Energy Services Proposal. 6. Review and recommend approval of ESCO energy/utility audits and Energy Services Proposals. 7. Provide assistance during the design, construction and commissioning processes. 8. Review and approve the ESCO invoice vouchers for payment. 9. Assist with final project acceptance. 10. Provide other services as required to complete a successful energy performance contract. Interagency Agreement No. K4137 AGENDA ITEM #5. d) ATTACHMENT B-2 Fee Schedule 2017-19 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION 5,000,001....... 6,000,000 ..................................$68,800................................ 25,700 4,000,001........ 5,000,000 ................................... 67,700................................ 25,400 3,000,001.......4,000,000 ................................... 66,700................................ 25,000 2,000,001.......3,000,000 ................................... 62,500................................ 23,400 1,500,001.......2,000,000 ................................... 58,300 ................................ 21,800 1,000,001.......1,500,000 ................................... 51,600 ................................ 19,300 900,001. ... 1,000,000 ................................... 43,800................................ 16,400 800,001......... 900,000 ................................... 41,300................................ 15,400 700,001......... 800,000 ................................... 38,300................................ 14,400 600,001......... 700,000 ................................... 36,500................................ 13,700 500,001......... 600,000 ................................... 33,800................................ 12,600 400,001......... 500,000 ................................... 30,200................................ 11,300 300,001......... 400,000 ................................... 25,800................................ 9,700 200,001......... 300,000 ................................... 20,700 ................................. 7,700 100,001......... 200,000 ................................... 14,400 ................................. 5,400 50,001......... 100,000 ..................................... 7,800 ................................. 3,500 20,001...........50,000 ..................................... 4,200 ................................. 2,000 The project management fee on projects over $6,000,000 is 1.15% of the project cost. The maximum DES termination fee is $25,700. 1. These fees cover project management services for energy/utility conservation projects managed by DES's Energy Program. 2. Termination fees cover the selection and project management costs associated with managing the ESCO's investment grade audit and energy service proposal. No termination fee will be charged unless the CLIENT AGENCY decides not to proceed to construction based on an energy services proposal that identifies projects that met the CLIENT AGENCY'S cost effectiveness criteria. 3. If the project meets the CLIENT AGENCY's cost effectiveness criteria and the CLIENT AGENCY decides not to move forward with a project, then the CLIENT AGENCY will be invoiced per Attachment B Termination or $25,700.00 whichever is less. If the CLIENT AGENCY decides to proceed with the project then the Agreement will be amended per Attachment B for Project Management Fee. 4. If the audit fails to produce a project that meets the CLIENT AGENCY's established Cost Effectiveness Criteria, then there is no cost to the CLIENT AGENCY and no further obligation by the CLIENT AGENCY. Interagency Agreement No. K4137 Rev. 4/5/18 AGENDA ITEM #5. d) ATTACHMENT C-1 Scope of Work Energy/Utility Conservation Projects Monitoring Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2017-193 If requested DES will provide the following monitoring services for each specific project for the CLIENT AGENCY. 1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement and Verification (M&V) report and any ESCO guarantee, resolve differences, if needed, and approve any vouchers for payment. 2. Monitor facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use which may impact energy savings. 3. Provide annual letter report describing the ESCO's performance, equipment performance and operation, energy savings and additional opportunities, if any, to reduce energy costs. Interagency Agreement No. K4137 AGENDA ITEM #5. d) n STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson Si. SE, Olympia, WA 98501 PO Box 41476, Olympia, WA 98504-1476 November 19, 2018 TO: Jeffrey Minisci, City of Renton FROM: Kim Obi, Contracts Specialist, (360) 407-8273 RE Agreement No. 2018-027 A (1), Amendment No. 2 Project No. 2018-027 G (1-1) City of Renton, City Hall Phase 1 IAA No. K4137 McKinstry Essention, LLC SUBJECT: Funding Approval The Dept. of Enterprise Services (DES), Energy Program, requires funding approval for the above referenced contract documents. The amount required is as follows (see page 2 for funding detail): ESCO Professional Services Total $ 421,571.80 ESCO Measurement and Verification Total $ 5,500.00 ESCO Construction Total $ 1,456,559.20 DES Energy Program Project Management Services Total (IAA) $ 58,300.00 Total Funding $ 1,941,931.00 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the DES Energy Program that the above identified funds are appropriated, allotted or that funding will be obtained from other sources available to the using client/agency. The using/client agency bears the liability for any issues related to the funding for this project By Name / Title Date Please sign and return this form to E&AS. If you have any questions, please call me. AGENDA ITEM #5. d) Agreement No. 2018-027 A (1), Amendment No. 2 Project No. 2018-027 G (1 - 1) Funding Approval Detail ESCO Professional Services Energy Audit and Energy Services Proposal $ 21,500.00 *Audit & Energy Services Proposal from Authorization 18-027 A (1) $ (21,500.00) Additional Design Engineering — Amendment No. 1 $ 22,600.00 *Additional Design Engineering — Amendment No. 1 $ (22,600.00) Design and Implementation of Energy Conservation Measures $ 379,238.00 Sales Tax (10.0%) (Includes tax on Audit proposal & Amd. #1) $ 42,333.80 Total $ 421,571.80 ESCO Measurement and Verification First Year Measurement & Verification $ 5,000.00 Sales Tax (10.0%) $ 500.00 Total $ 5,500.00 ESCO Construction ESCO Contract Amount $ 1,261,745.00 Sales Tax (10.0%) $ 126,174.50 Contingency Amount (with Tax) $ 68,639.70 Total $ 1,456,559.20 DES Energy Program Project Management Services Project Management Fee from IAA No. K4137, Amendment No. 3 $ 58,300.00 Total $ 58,300.00 Note: Items and dollar values shown in a lighter color shade have been approved via previous funding authorizations and are shown for informational purposes only. 2018027Gcontfundko AGENDA ITEM #5. e) AB - 2281 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Amendment to Public Defense Services Agreement Council Concur Executive Department Robert Harrison, Chief Administrative Officer 6524 Between January 2019 and March 2019, Consultant will be compensated $40,322 a month. This is an increase of 3.6% from the current monthly base fee. If more than 400 cases are assigned during this time frame, the additional cases will be paid at $280 per case, an increase of $5 per case. CAG-15-187 Agreement for Services between the City of Renton and Cayce & Grove for public defense services will expire 12/31/18. The proposed amendment will extend the agreement through 3/31/19, giving the City time to publish a Request for Qualifications (RFQ) for public defense services, evaluate the RFQs, and select a candidate for a new three-year agreement that would begin 4/1/19. A. CAG-15-187, Agreement for Public Defender Services B. CAG-15-187, Addendum #1-18 C. Proposed Second Amendment Authorize Mayor Law and the City Clerk to execute the proposed amendment for CAG-15-187. AGENDA ITEM #5. e) CAG-15-187 +R AGREEMENT FOR SERVICES This agreement Is being entered into this -L day of_�2015, by and between the City of Renton, a municipal corporation hereinafter referred to as City, and Cayce & Grove Inc., PS., hereinafter referred to as Cayce & Grove, in consideration of the mutual benefits, terms and conditions herein after specified. 1) Term. The term of this Agreement shall be for three years from the date the Agreement is signed; subject, however, to the Section entitled 'Termination." 2) Duties and Responsibilities a) Representational Services, defined as: i) Lawyer services and appropriate support staff services; investigation and appropriate sentencing advocacy and referral to social work services; and legal services, including but not limited to interviews of clients and potential witnesses; legal research; preparation and filing of pleadings; issuance of subpoenas (but not personal service of process); negotiations with the appropriate prosecutor and court regarding possible dispositions; in -custody hearings prior to appointment (regardless of whether the hearing results in appointment); and preparation for and appearance at all court proceedings for defendants who have the public defender appointed by the Renton Municipal Court to represent them. The Public Defender is expected to: (1) Be available for contact by assigned defendants within one business day after assignment (2) Be available to appear in Renton Municipal Court with in -custody defendants within 24 hours of booking into the Renton jail facility on Renton Municipal Court Charges (not including weekend days and City holidays). (3) Provide to the Court, the Renton Police Department and the City Jail Administrator telephone number(s) where (s)he can be reached for "critical stage" advice to defendants charged with a misdemeanor or gross misdemeanor during the police investigation and arrest processes. ii) Counseling with defendants when appointed as public defender by the Renton Municipal Court. It is the City of Renton's responsibility to furnish attorney -client meeting space for Cayce & Grove. III) Interviews, research, request and review of discovery, preparation for trial, consultation with agencies or experts, drafting of pleadings or other work essential to providing ordinary legal representation for defendants from receipt of Order Appointing Public Defender. AGENDA ITEM #5. e) Agreement: City of Renton and Cayce & Grove, Inc., PS. For Public Defense Services Page 2 of 7 iv) If the defendant being represented remains incarcerated, Cayce & Grove agrees to conduct such in -person interviews as may be necessary at the South Correctional Entity (SCORE). v) All appeals by Cayce & Grove of municipal court decisions to superior court or other state or federal appellate courts of cases handled at the trial level by Cayce & Grove. vi) Attendance at regularly scheduled roundtable meetings unless excused by the City's Chief Administrative Officer, as convened to monitor workload and costs, and improve City services and court operations. b) Coverage. Cayce & Grove is expected to provide attorney services for appointed clients at the following Renton Municipal Court events: jail calendar daily Monday through Friday, 30 minutes prior to court proceedings starting on arraignment calendar, available to consult with defendants charged in Renton Municipal Court with a crime, and available for follow-up in office hours. Motion/trial calendar three days per week; readiness calendar one day per week; review calendar one day per week; warrant walk- in calendar one day per week and jury trials as scheduled weekly. c) Supplemental Services, defined as: i) All appeals of municipal court decisions to superior court or other state or federal appellate courts of cases by City or not handled at the trial level by Cayce & Grove. City shall reimburse transcript preparation and other reasonable costs associated With such appeals. 11) Provision of extraordinarily complex or numerous public defense matters, but only upon the prior authorization for such supplemental services. Extraordinary complexity may be determined by the Renton Municipal Court upon written motion by Cayce & Grove. Fees for extraordinary complexity shall be mutually agreed upon by Cayce & Grove and the Court Services Director. If no agreement can be reached, the provisions in the "Method of Compensation" section shall control. d) Withdrawal of Public Defender i) Cayce & Grove's representation of indigent defendants, and obligation under this contract ceases at the time of withdrawal or substitution. 11) Cayce & Grove will withdraw, subject to order of the court at the time of client's failure to appear or at sentencing or other final order such as deferral or continuance for dismissal. Cayce & Grove may withdraw at other times appropriate under Professional Rules. AGENDA ITEM #5. e) Agreement: City of Renton and Cayce & Grove, Inc., PS. For Public Defense Services Page 3 of 7 e) Services Not Included i) Cayce & Grove will respond to Driving Under the Influence (DUI) in -custody telephone calls during regular business hours only and shall not be obliged with reference to any other defendant -generated calls prior to their assignment as counsel in the given case or defendants already assigned to Cayce & Grove and in custody, reasonable and necessary telephone access acceptance of collect calls will be provided by Cayce & Grove. ii) Cayce & Grove will have no general obligation to appear at arraignments, bail hearings, or public defender appointment procedures unless the defendant is currently appointed to Cayce & Grove on the charge that requires the defendant's appearance. If future court rules require the public defender's appearances at these proceedings, the City and Cayce & Grove will re -negotiate the compensation for additional appearances. 3) Method of Compensation a) Cayce & Grove will be compensated for representational services as follows: • Between July 2015 and June 2016, C&G will be compensated for 1600 cases at $245.16 per case and 200 cases at $220 per case, or $36,354.67 per month. • Between July 2016 and June 2017, C&G will be compensated for 1600 cases at $264.77 per case and 200 cases at $220 per case, or $38,969.71 per month. • Between July 2017 and June 2018, C&G will be compensated for 1600 cases at $278.01 per case and 200 cases at $220 per case, or $40,734.47 per month. If, in any fiscal year of the contract, the appointments fall between below 1,800 but above 1,600, the city will deduct $220 per case and amortize the credit over the next 12 months of contract invoices. In the final year of the contract, any credit due the city for cases paid but not appointed, the city will deduct from the last payment of the contract. b) Supplemental Legal Services. All supplemental legal services will be performed only upon motion and approval by the Renton Municipal Court. Compensation for supplemental legal services will be at the prevailing rate for services provided by attorneys of comparable experience. However, the basis of compensation may be some other hourly rate, as agreed upon and shall be determined on the same basis as fees for prosecution for the same matters. c) Non -routine case expenses. The City shall pay for non -routine case expenses when requested by Cayce & Grove and approved by the Renton Municipal Court from funds available for that purpose. Non -routine case expenses include, but are not limited to: • Medical and psychiatric evaluations; • Expert witness fees and expenses; AGENDA ITEM #5. e) Agreement: City of Renton and Cayce & Grove, Inc., PS. For Public Defense Services Page 4 of 7 • Investigation expenses outside preliminary review and witness interview; • Any other non -routine expense that the Renton Municipal Court finds necessary and proper for the investigation, preparation and presentation of a case. d) Conflict Attorneys i) Cayce & Grove shall maintain a written policy explaining how conflict of interest is defined, and identify conflicts as quickly as possible. This identification is controlled In part by the receipt of the discovery by the city attorney's office. Optimally, to avoid delays in court and well as attorney guidance, discovery should be provided to the conflict attorney along with the notice of appointment. ii) When Cayce & Grove determines they have been appointed to represent a defendant whom they cannot represent because of a conflict of interest; who is currently facing charges and could subsequently become a witness for the City on a separate charge; or due to other professional rules of conduct resulting in ineligibility; Cayce & Grove must notify the court and request withdrawal from the assignment. iii) The defendant shall then be referred to the court for reassignment to an attorney contracting with the City to provide Public Defender Services in conflict situations at no cost to Cayce & Grove. Such attorney will be compensated according to his or her agreement with City. No payment will be made to Cayce & Grove for work they performed on cases subsequently identified as conflicts. 4) Designation of Responsible Attorney a) The attorney with overall responsibility for legal services under this Agreement shall be Tricia R. Grove of Cayce & Grove. Other attorneys working for Cayce & Grove may be assigned to work on legal matters if properly licensed and Insured at the direction of Cayce & Grove. b) The responsible attorney shall: i) Oversee training, supervision, monitoring, and evaluation of attorneys. ii) Provide staff and support services as necessary to enable the effective provision of legal services. iii) Limit Private Practice. Attorneys responsible for performing services under this contract will limit his or her private practice to the number of hours that will not conflict with this contract. Assigned attorneys from Cayce & Grove shall each year provide a listing of hours billed for nonpublic defense legal services, including number and types of private cases. Iv) Ensure Qualified Attorneys. All attorneys employed by Cayce & Grove performing services under this contract must be licensed to practice law in good standing and without historic reprimand, suspension or disbarment under rules and rulings of the State of Washington Supreme Court. AGENDA ITEM #5. e) Agreement: City of Renton and Cayce & Grove, Inc., PS. For Public Defense Services Page 5 of 7 v) Provide Training. The public defender shall take training approved by OPD, including at least seven hours per year of continuing legal education (CLE) credits related to criminal defense. vi) Dispose of Client Complaints. Client complaints shall not be a basis for referral of a client to the "conflicts" attomey. Client complaints will be referred to the attorney who will make his or her best reasonable effort to resolve the complaint and then move the court for leave to withdraw, refer the dispute to Cayce & Grove, or refer the dispute to an appropriate agency for settlement. vii) Report Activities. To accompany invoices for payment, Cayce & Grove shall submit to the City's Chief Administrative Officer monthly reports showing the number of appointed cases during the month for which payment is requested; defendant's name and case number; number of conflict cases and their reconciliation with appointments; cases closed; and appeals including their status. (1) Cases returned to the Court due to ineligibility for Public Defender services, and those returned for assignment to a conflict attorney must be shown on the report, but will not be treated as part of Cayce & Grove's caseload. (2) Invoices for general and supplemental services shall include sufficient detail to meet all auditor requirements but shall not violate any client confidentialities. 5) Indemnification. Cayce & Grove shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from legal malpractice, civil rights violations, Injury or death to persons, including injuries, sickness, disease or death to Cayce & Grove's own employees, or damage to property occasioned by a negligent act, omission or failure of Cayce & Grove. 6) Insurance a) Cayce & Grove shall secure and maintain in force throughout the duration of this contract: Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 per occurrence, $2,000,000 / aggregate and for personal injury and property damage; and Professional Liability insurance in the amount of $1,000,000. b) The City shall be named as a Primary & Non-contributory additional insured on the Commercial General Liability insurance policy with respect to work performed by Cayce & Grove for, or on behalf of, the City. Cayce & Grove shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to the City. The City reserves the right to receive a certified copy of all required insurance policies. Certificates of Insurance evidencing Cayce & Grove's insurance coverage, with a copy of the endorsement naming the City as a Primary & Non- AGENDA ITEM #5. e) Agreement: City of Renton and Cayce & Grove, Inc., PS. For Public Defense Services Page 6 of 7 contributory additional insured on the general liability policy, shall be delivered to the City within 15 days of executing this agreement. 7) Compliance with Laws. Cayce & Grove shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this agreement. 8) Discrimination Prohibited. Cayce & Grove, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and retention of employees or procurement of materials or supplies. 9) Independent Contractor. Cayce & Grove and the City agree that Cayce & Grove is an independent contractor with respect to the services provided under this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Cayce & Grove nor any employee of Cayce & Grove shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. 10) Assignment. Cayce & Grove shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 11) Non -Waiver. Waiver of any provision of this agreement, or any time limitation provided for In this agreement by the City shall not constitute a waiver of any other provision. 12) Termination. This Agreement shall remain in full force and effect from July 1, 2015 through June 30, 2018 with opportunity for extension in additional two-year increments. If the parties do not agree on the method of compensation, the city will publish a request for proposals from any interested and qualified law firm(s). Cayce & Grove will then be allowed to match the lowest responsive and qualified bid. This Agreement may be terminated for material breach of contract by either party upon notice and opportunity to come into compliance with the contract by either party upon giving the other party not less than one (1) year's notice of termination. This Agreement may be terminated notwithstanding the terms of this paragraph, should Cayce & Grove be dissolved as a law firm. Cayce & Grove' obligation to represent indigent defendants appointed to public defender will cease at the point of termination and the subsequent public defender will be substituted immediately. AGENDA ITEM #5. e) Agreement: City of Renton and Cayce & Grove, Inc., PS. For Public Defense Services Page 7 of 7 OF RENTON By By: Denis Law Mayor, City of Renton 1055 South Grady Way, 71h Floor Renton, WA 98057 (425) 430-6500 FAX: (425) 430-6523 Ke-1 rpo W (L "tbOS 7 City State Zip 14 cL'�'z a Ss- -0 La o 3 Telephone Number ( `� T I �L7- S0 C� FAX.N.umber ATTEST:.. 7 '""'may By: * SE Megan Gregor 5 Deputy City Clerk k- ? APPROVED AS TO FORM: Lawrence J. Warren City Attorney AGENDA ITEM #5, e) y AMENDMENT TO CAG-15-187 AGREEMENT FOR PUBLIC DEFENSE SERVICES THIS AMENDMENT, dated June 26, 2018, is by and between the City of Renton (the "City'), a Washington municipal corporation, and Cayce & Grove, PLLC ("Consultant"), a Washington professional liability company. The City and the Consultant are referred to collectively in this Amendment as the "Parties." Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-15-187, dated September 9, 2015, to provide necessary services for the provision of indigent defense services in the City of Renton (referred to herein as the "Agreement"); Whereas, the Parties wish to amend the Agreement to extend the term for six months, adjust the compensation, and make other minor adjustments in order to accommodate the City's desire to issue a request for qualifications and update its indigent defense standards. NOW THEREFORE, It is mutually agreed upon that CAG-15-187 is amended as follows: A. Term: Section 1 is amended to read as follows: Term. The Initial Term of this Agreement shall be for three years starting July 1, 2015 and ending June 30, 2018. An Additional Term shall extend from July 1, 2018 through December 31, 2018. B. Method of Compensation: Section 3(a) is amended to read as follows: a) Cayce & Grove will be compensated for representational services during the Initial Term as follows: • Between July 2015 and June 2016, C&G will be compensated for 1600 cases at $245.16 per case and 200 cases at $220 per case, or $36,354.67 per month. • Between July 2016 and June 2017, C&G will be compensated for 1600 cases at $264.77 per case and 200 cases at $220 per case, or $38969.71 per month. • Between July 2017 and June 2018, C&G will be compensated for 1600 cases at $278.01 per case and 200 cases at $220 per case, or $40,734.47 per month. AGENDA ITEM #5. e) • For the extended term, C&G will be compensated $38,921 a month (based on 800 cases at $291.91 per case) minus a $44,000 offset amortized over 6 months ($7,333 a month) to account for cases assigned between July 2017 and June 2018 falling below 1600. The final flat monthly rate will be $31,588. If more than 800 cases are assigned during the Extended Term, the City will make a lump sum payment to C&G in the amount of $275. For services provided in the Initial Term, monthly payments start with the assumption that 1800 cases will be assigned in the contract year (e.g. $36,354.67 per month for July 2015 through June 2016). For any contract year in which case assignments were less than 1,800, C&G will repay the City $220 per assigned case less than 1,800 (not to exceed $44,000 per year). During the Initial Term, the repayment shall be made in the form of 12 equal offsets in compensation over the following contract year. Offsets for the July 2017 through June 2018 contract year are pre -calculated into the flat monthly rate negotiated for the Extended Term. C. Compliance with Laws and Standards: Section 7 is amended to read as follows: Compliance with Laws and Standards. Cayce & Grove shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, regulations and standards applicable to the services rendered under this agreement. Applicable standards and laws include, but are not limited to, indigent defense standards adopted by the Washington State Bar Association, Washington State Supreme Court, and the National Legal Aid and Defender Association, as well as generally applicable rules of professional conduct, any applicable case law (including the decision by the federal court for the Western District of Washington in Wilbur v. Mt. Vernon) and court rules that define duties of counsel to their clients. D. Termination: Section 12 is amended to read as follows: Termination. This Agreement shall remain in full force and effect from July 1, 2015 through December 31, 2018. The parties may agree, in writing, to extend the agreement beyond December 31, 2018. If no extension or replacement contract is agreed to, no new indigent clients will be assigned to Cayce & Grove beyond December 31, 2018. However, to the extent consistent with applicable rules of professional conduct, Cayce & Grove will continue to represent clients assigned prior to January 1, 2019, for no additional charge, until the earlier of (1) final disposition of the case (e.g., dismissal or sentencing), (2) substitution of counsel due to (a) a conflict, (b) the client retaining private counsel, or (c) the City appointed a replacement public defender. This is not intended to prevent Cayce & Grove from withdrawing where such withdraw is required by applicable rules of o� PAGE 2 OF 4 AGENDA ITEM #5. e) professional conduct. In the event of termination without an extension or replacement contract, City agrees to contract for replacement counsel to substitute for Cayce & Grove for all cases that remain active as of April 1, 2019, except for cases that are at such a stage that substitution of counsel would violate the rules of professional conduct. Cayce & Grove agrees to transfer all such client files to the substituting counsel and provide any additional pertinent information in order to allow for the substituting counsel to take over representation without detriment to the client. The City agrees to reimburse Cayce & Grove, within 30 days of receipt of an invoice, for its reasonable costs in copying and/or transferring client files to the substituting counsel. Beyond those costs, no additional compensation will be provided for sharing of information or Cayce & Grove's continued representation of clients for which it was paid based upon appointment to the case pursuant to Section 3 of this Agreement. E. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to services performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON CONSULTANT By: By: Denis Law Tricia Grove Mayor Cayce & Grove LLC Date Date Attest Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney PAGE 3 OF 4 AGENDA ITEM #5. e) PAGE 4OF4 `fit Y OR, 9 fN70�' AMENDMENT NO. 2 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (CAG-15-187) THIS AMENDMENT, dated , is by and between the City of Renton (the "City"), a Washington municipal corporation, and Cayce & Grove, PLLC ("Consultant"), a Washington professional liability company. The City and the Consultant are referred to collectively in this Amendment as the "Parties." Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-1S-187, dated September 9, 2015, to provide necessary services for the provision of indigent defense services in the City of Renton (referred to herein as the "Agreement"); Whereas, the Parties wish to amend the Agreement to extend the term for three months and adjust the compensation in order to accommodate the City's desire to issue a Request for Qualifications (RFQ), review submitted RFQs and award the contract. NOW THEREFORE, It is mutually agreed upon that CAG-15-187 is amended as follows: A. Term: Section 1 is amended as follows: Term. A Third Term of this Agreement shall commence on January 1, 2019 and end March 31, 2019. If the City's RFQ process and a replacement indigent defense services contract or alternative service provider is not in place by March 31, 2019, this Third Term will automatically continue on a month to month basis. Either Party may terminate the automatic month to month extensions by providing no less than 30 days' written notice of its intent to terminate the Agreement at the end of any month, but no earlier than March 31, 2019. B. Method of Compensation: Section 3(a) is amended as follows: Consultant will be compensated for representational services during the Third Term as follows: • Between January 2019 and March 2019, Consultant will be compensated $40,322 a month. If more than 400 cases are assigned during this time frame, the additional cases will be paid at $280 per case. • If extended on a month to month basis beyond March 2019, Consultant will be paid $40,322 per month for up to 133 cases assigned within the month and $280 per case assignment that exceeds 133 within the month. AGENDA ITEM #5. e) C. Termination: Section 12 is amended as follows: Without modifying the existing provisions of Section 12, the Agreement shall remain in full force and effect and new cases will continue to be assigned through the end of the Third Term, as defined in Section A of this Amendment No. 2. D. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to services performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: Denis Law Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Contract Template Updated 12/29/2017 o ,} IL e PAGE 2 OF 2 14191 ;1e1tLL)tg M Tricia Grove Cayce & Grove LLC Date AGENDA ITEM #5. AB - 2279 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Alive & Free Memorandum of Understanding Council Concur Police Department Ed VanValey, Chief of Police 7567 $60,000/year - split between the council approved budget and the state narcotic's seizure account. Alive & Free is a violence reduction program administered through the Seattle YMCA. Several years ago, the cities of Auburn, Kent, Renton, and Tukwila partnered with Coach Pete Carroll's "A Better Seattle" foundation to jointly fund community outreach workers. Our initial investment was $30,0000 per year to fund an outreach worker for the Renton area. In April 2018 an MOU was approved to double that investment to $60,000 per year. Since that time the City of Tukwila has chosen to not participate in the program, and this MOU reflects that change. The role of Alive & Free outreach workers: Outreach is a strategy that integrates into a comprehensive response to local youth violence in partnership with other youth -serving agencies in Seattle and King County. Using personal experience, strong ties to the local community, and extensive training, Alive & Free outreach workers help build a web of support to surround youth involved in gangs, violence, and the juvenile justice system. Outreach workers go where youth are in the community and provide a bridge to relevant services, helping youth navigate challenges or conflict along the way. Outreach workers support youth in identifying goals, such as engagement in education and employment, and overcoming the barriers to achieving these goals. If a youth is not engaging in referred services, the outreach worker plays a key role in involving the youth. In addition, outreach workers provide early intervention and are trained and expected to de-escalate conflict. They also help youth recognize their own change process and support youth by acknowledging their positive efforts. A. Alive & Free MOU B. Resolution Authorize the Mayor to sign the Alive & Free MOU AGENDA ITEM #5. 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, AND RENTON FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant to Chapter 39.34 RCW by the Cities of Auburn, Kent, and Renton, Washington hereinafter referred to as "Cities", to provide for planning, funding, and implementation of a joint funding program. WHEREAS, the Cities engage in activities which support service providers in King County; and WHEREAS, the parties wish to make the most efficient use of their resources by cooperating to provide funding to support service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to engage in cooperative efforts which result in more efficient use of Government resources. NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows: 1. Purpose of MOU. The purpose of the MOU is to formalize a cooperative arrangement between the Cities for the purpose of addressing shared community issues, including, but not limited to gang prevention and intervention. 2. Joint Participation. a. Lead City. One of the party Cities will serve as Lead City and will be designated by the Cities for contracting, with the Lead City shown in Exhibit A, a copy of which is attached hereto and incorporated herein by this reference. to act as the fiscal and administrative agent for the Cities. The responsibilities of the Lead City are described in Section 4. b. Participating City. A Participating City is a city participating in the cooperative funding, who is not the Lead City Participating Cities are identified in Exhibit A. A Participating City shall review quarterly reports from the contracted agencies that provide services related to the shared community issues, such as gang prevention and intervention. If a Participating City becomes concerned with the agency's services, it will promptly notify the Lead City If a Participating City determines that the agency is not performing satisfactorily for their city, the Participating City reserves the right to request the Lead City to withhold payments to the agency for their share of Joint Funding MOU funding. In the event that a claim or lawsuit is initiated by the agency against any City for withholding payment, the City requesting the withholding of payment shall be responsible for settling or defending the claim or lawsuit. In addition, in the event of any settlement of or judgment on the claim or lawsuit, the City requesting that payment be withheld shall be fully responsible for the payment of such AGENDA ITEM #5. 0 Joint Funding MOU Page 2 of 7 settlement or judgment and shall indemnify, defend, and hold harmless the other Cities for such settlement or judgment. 3. FundinArrangement. a. Allocation. Each Participating City shall provide to the Lead City no later than March 31 st of each year, the City's annual funding allocation for the agency, as described in Exhibit A. No administrative costs shall be imposed by the Lead City to the participating Cities. Exhibit A will be updated each year to show the contracted agency(ies), Lead City, participating Cities, and funding amounts for that calendar year. b. Return of Unspent Funds. Any monies that the agency(ies) does not spend during the calendar year shall be proportionately returned to each Participating City. On or before March 31 st of the next calendar year the Lead City will provide the unspent funds to each participating City. 4. Responsibilities of Lead City. A Lead Cif administrative agent on behalf of the Cities, as Lead City shall include the following: r has been designated to act as the fiscal and shown in Exhibit A. The responsibilities of the a. Send an invoice to each Participating City by January 30th of each year for their annual approved allocation to the agency. b. Contract with the agency each year, for the total funding allocated by the Participating Cities, detailing performance measures to be performed by the agency for each City. c. Receive, review, and process the quarterly invoices and reports from the agency. Quarterly reports shall describe services provided specifically to each City. Disputes regarding billings will be resolved among the Participating Cities. d. Provide copies of quarterly reports to the Participating Cities, if the reports are not provided directly by the agency. e. Provide the agency with a funding application and technical assistance as required. f. Perform an annual monitoring visit of the agency, to include the participation of another Participating City. g. Maintain accounts and records which properly reflect transactions related to this MOU. 5. Duration. This MOU shall become effective when it is executed by a majority of the Cities and shall automatically renew annually for one-year terms, unless terminated as described in section 6. 6. Termination. Any party may terminate its participation in the MOU without cause after giving the other Cities a thirty day written notice. Termination shall be effective at the end of the 30 days. The terminating party shall remain fully responsible for meeting its funding responsibilities and AGENDA ITEM #5. 0 Joint Funding MOU Page 3 of 7 other obligations established by this MOU through the end of the calendar year in which such notice is given. 7. Notices. Notices to the Cities shall be sent to the following persons: City Contact Auburn Chief William (Bill) Pierson wplerson@aubumwa.gov Kent Renton 8. Indemnification. It is the intent of the participating cities to provide services without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with this agreement that are brought against the cities. To this end, the participating cities agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating cities, each city shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which city or employee the action is taken against or which city or employee is ultimately responsible for the conduct. The cities shall share equally regardless of the number of cities named in the lawsuit or claim or the number of employees from each city named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through E below. a. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any city employee for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or city. Payment of any award for punitive damages shall be the sole responsibility of the person or city that employs the person against whom such award is rendered. b. Collective Representation and Defense. The cities may retain joint legal counsel to collectively represent and defend the cities in any legal action. Those cities retaining joint counsel shall share equally the costs of such representation or defense. In the event a city AGENDA ITEM #5. 0 Joint Funding MOU Page 4 of 7 does not agree to joint representation, the city shall be solely responsible for all attorneys' fees accrued by its individual representation or defense. The cities and their respective defense counsel shall make a good faith attempt to cooperate with other participating cities by, including but not limited to, providing all documentation requested, and making their employees available for depositions, discovery, settlement conferences, strategy meetings, and trial. c. Removal from Lawsuit. In the event a city or employee is successful in withdrawing or removing the city or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the city shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit. d. Settlement Process. It is the intent of this Agreement that the cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual city shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all cities agree with the terms of the settlement. Any settlement made by an individual city without the agreement of the remaining cities, when required, shall not relieve the settling city from paying an equal share of any final settlement or award. e. Insurance. The failure of any insurance carrier or self -insured pooling organization to agree to or follow the terms of this section shall not relieve any individual city from its obligations under this Agreement. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington, solely for the purposes of this indemnification, for claims of any type brought by any City agent or employee against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9. Insurance. Each City shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 00 per occurrence/aggregate for personal injury and property damage. In the event that a City is a member of a pool of self -insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater that required of non -self insurance pool member Cities. 10. Oversight Committee. This Agreement shall be managed by an Oversight Committee made up of one representative of each City. The representative of each City shall be designated in section 7 of this Agreement. The Oversight Committee shall meet at least annually to discuss the terms of the Agreement and manage the services provided pursuant to the Agreement. I I . Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand AGENDA ITEM #5. 0 Joint Funding MOU Page 5 of 7 and agree that venue shall be exclusively in King County Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 12. Signed Counterparts. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this day of , 20_. AGENDA ITEM #5. 0 Joint Funding MOU Page 6 of 7 CITY OF AUBURN By: Title: Date: Attest: CITY OF KENT By: Title: Date: Attest: CITY OF RENTON By: Title: Date: Attest: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney AGENDA ITEM #5. 0 Joint Funding MOU Page 7 of 7 EXHIBIT A to Memorandum of Understanding (MOU) between the Valley Cities Association for planning, funding, and implementation of joint funding program. CALENDAR YEAR 2019 Name of Agency Participating Cities & Tentative Funding MCA of Greater Seattle - Auburn - Lead City - $30,000 Alive & Free Program Kent - $30,000 Renton - $60,000 TOTAL - $120,000 AGENDA ITEM #5. 0 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE CITIES OF AUBURN AND KENT FOR THE PURPOSE OF PLANNING, FUNDING, AND IMPLEMENTING A JOINT FUNDING PROGRAM ENTITLED THE "VALLEY CITIES ASSOCIATION," FOR THE YMCA OF GREATER SEATTLE ALIVE & FREE PROGRAM. WHEREAS, the City and the Cities of Auburn and Kent (collectively the "Cities") are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Cities desire to enter into an interlocal agreement entitled "Memorandum of Understanding Between the Cities of Auburn, Kent, and Renton for Planning, Funding, and Implementation of a Joint Funding Program" ("MOU"), in order to formalize a cooperative arrangement between the Cities, known as the "Valley Cities Association;" and WHEREAS, the purpose of this arrangement is to address shared community issues, including, but not limited to gang prevention and intervention, through the YMCA of Greater Seattle Alive & Free program; and WHEREAS, the YMCA of Greater Seattle Alive & Free program is designed reduce gang violence and advocate on behalf of young people directly involved in and impacted by gang violence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into the MOU, attached hereto as Exhibit A and incorporated by this reference. 1 AGENDA ITEM #5. 0 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney RES.1788:11/30/18:scr Denis Law, Mayor 2 AGENDA ITEM #5. 0 RESOLUTION NO. EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, AND RENTON FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM 3 AGENDA ITEM #5. 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, AND RENTON FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant to Chapter 39.34 RCW by the Cities of Auburn, Kent, and Renton, Washington hereinafter referred to as "Cities", to provide for planning, funding, and implementation of a joint funding program. WHEREAS, the Cities engage in activities which support service providers in King County; and WHEREAS, the parties wish to make the most efficient use of their resources by cooperating to provide funding to support service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to engage in cooperative efforts which result in more efficient use of Government resources. NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows: 1. Purpose of MOU. The purpose of the MOU is to formalize a cooperative arrangement between the Cities for the purpose of addressing shared community issues, including, but not limited to gang prevention and intervention. 2. Joint Participation. a. Lead City. One of the party Cities will serve as Lead City and will be designated by the Cities for contracting, with the Lead City shown in Exhibit A, a copy of which is attached hereto and incorporated herein by this reference. to act as the fiscal and administrative agent for the Cities. The responsibilities of the Lead City are described in Section 4. b. Participating City. A Participating City is a city participating in the cooperative funding, who is not the Lead City Participating Cities are identified in Exhibit A. A Participating City shall review quarterly reports from the contracted agencies that provide services related to the shared community issues, such as gang prevention and intervention. If a Participating City becomes concerned with the agency's services, it will promptly notify the Lead City If a Participating City determines that the agency is not performing satisfactorily for their city, the Participating City reserves the right to request the Lead City to withhold payments to the agency for their share of Joint Funding MOU funding. In the event that a claim or lawsuit is initiated by the agency against any City for withholding payment, the City requesting the withholding of payment shall be responsible for settling or defending the claim or lawsuit. In addition, in the event of any settlement of or judgment on the claim or lawsuit, the City requesting that payment be withheld shall be fully responsible for the payment of such AGENDA ITEM #5. 0 Joint Funding MOU Page 2 of 7 settlement or judgment and shall indemnify, defend, and hold harmless the other Cities for such settlement or judgment. 3. FundinArrangement. a. Allocation. Each Participating City shall provide to the Lead City no later than March 31 st of each year, the City's annual funding allocation for the agency, as described in Exhibit A. No administrative costs shall be imposed by the Lead City to the participating Cities. Exhibit A will be updated each year to show the contracted agency(ies), Lead City, participating Cities, and funding amounts for that calendar year. b. Return of Unspent Funds. Any monies that the agency(ies) does not spend during the calendar year shall be proportionately returned to each Participating City. On or before March 31 st of the next calendar year the Lead City will provide the unspent funds to each participating City. 4. Responsibilities of Lead City. A Lead Cif administrative agent on behalf of the Cities, as Lead City shall include the following: r has been designated to act as the fiscal and shown in Exhibit A. The responsibilities of the a. Send an invoice to each Participating City by January 30th of each year for their annual approved allocation to the agency. b. Contract with the agency each year, for the total funding allocated by the Participating Cities, detailing performance measures to be performed by the agency for each City. c. Receive, review, and process the quarterly invoices and reports from the agency. Quarterly reports shall describe services provided specifically to each City. Disputes regarding billings will be resolved among the Participating Cities. d. Provide copies of quarterly reports to the Participating Cities, if the reports are not provided directly by the agency. e. Provide the agency with a funding application and technical assistance as required. f. Perform an annual monitoring visit of the agency, to include the participation of another Participating City. g. Maintain accounts and records which properly reflect transactions related to this MOU. 5. Duration. This MOU shall become effective when it is executed by a majority of the Cities and shall automatically renew annually for one-year terms, unless terminated as described in section 6. 6. Termination. Any party may terminate its participation in the MOU without cause after giving the other Cities a thirty day written notice. Termination shall be effective at the end of the 30 days. The terminating party shall remain fully responsible for meeting its funding responsibilities and AGENDA ITEM #5. 0 Joint Funding MOU Page 3 of 7 other obligations established by this MOU through the end of the calendar year in which such notice is given. 7. Notices. Notices to the Cities shall be sent to the following persons: City Contact Auburn Chief William (Bill) Pierson wplerson@aubumwa.gov Kent Renton 8. Indemnification. It is the intent of the participating cities to provide services without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with this agreement that are brought against the cities. To this end, the participating cities agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating cities, each city shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which city or employee the action is taken against or which city or employee is ultimately responsible for the conduct. The cities shall share equally regardless of the number of cities named in the lawsuit or claim or the number of employees from each city named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through E below. a. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any city employee for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or city. Payment of any award for punitive damages shall be the sole responsibility of the person or city that employs the person against whom such award is rendered. b. Collective Representation and Defense. The cities may retain joint legal counsel to collectively represent and defend the cities in any legal action. Those cities retaining joint counsel shall share equally the costs of such representation or defense. In the event a city AGENDA ITEM #5. 0 Joint Funding MOU Page 4 of 7 does not agree to joint representation, the city shall be solely responsible for all attorneys' fees accrued by its individual representation or defense. The cities and their respective defense counsel shall make a good faith attempt to cooperate with other participating cities by, including but not limited to, providing all documentation requested, and making their employees available for depositions, discovery, settlement conferences, strategy meetings, and trial. c. Removal from Lawsuit. In the event a city or employee is successful in withdrawing or removing the city or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the city shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit. d. Settlement Process. It is the intent of this Agreement that the cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual city shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all cities agree with the terms of the settlement. Any settlement made by an individual city without the agreement of the remaining cities, when required, shall not relieve the settling city from paying an equal share of any final settlement or award. e. Insurance. The failure of any insurance carrier or self -insured pooling organization to agree to or follow the terms of this section shall not relieve any individual city from its obligations under this Agreement. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington, solely for the purposes of this indemnification, for claims of any type brought by any City agent or employee against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9. Insurance. Each City shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 00 per occurrence/aggregate for personal injury and property damage. In the event that a City is a member of a pool of self -insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater that required of non -self insurance pool member Cities. 10. Oversight Committee. This Agreement shall be managed by an Oversight Committee made up of one representative of each City. The representative of each City shall be designated in section 7 of this Agreement. The Oversight Committee shall meet at least annually to discuss the terms of the Agreement and manage the services provided pursuant to the Agreement. I I . Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand AGENDA ITEM #5. 0 Joint Funding MOU Page 5 of 7 and agree that venue shall be exclusively in King County Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 12. Signed Counterparts. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this day of , 20_. AGENDA ITEM #5. 0 Joint Funding MOU Page 6 of 7 CITY OF AUBURN By: Title: Date: Attest: CITY OF KENT By: Title: Date: Attest: CITY OF RENTON By: Title: Date: Attest: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney AGENDA ITEM #5. 0 Joint Funding MOU Page 7 of 7 EXHIBIT A to Memorandum of Understanding (MOU) between the Valley Cities Association for planning, funding, and implementation of joint funding program. CALENDAR YEAR 2019 Name of Agency Participating Cities & Tentative Funding MCA of Greater Seattle - Auburn - Lead City - $30,000 Alive & Free Program Kent - $30,000 Renton - $60,000 TOTAL - $120,000 AGENDA ITEM #5. g) AB - 2273 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: Compensate Glorioso Manigbas as a Lateral Police Officer at Step E, Grade pc60 RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Ed VanValey, Chief EXT.: 7567 This request will have no fiscal impact as there are currently unfilled positions budgeted to be in Step E of salary grade pc60 within the Police Department. Glorioso Manigbas immigrated to the United States from the Philippines when he was 16 years old and became a naturalized citizen in 2002. Mr. Manigbas is a 17 year veteran police officer for the Costa Mesa Police Department in California. As an officer for Costa Mesa, Mr. Manigbas has had several additional assignments including Traffic Investigator, Narcotics Detective (Vice), and Property Detective. These additional assignments, along with his time spent as a Patrol Officer, make Mr. Manigbas a highly qualified and sought after candidate. Mr. Manigbas received a Bachelor of Science in Criminal Justice, a Masters of Liberal Studies, a Juris Doctor, and has passed a multi -state Bar exam. Mr. Manigbas speaks English, Tagalog, and Spanish. His background and experience would be an asset to the Department. N/A Authorize the Administration to compensate Glorioso Manigbas for a lateral Police Officer position at Step E of salary grade pc60 effective upon his hire date. AGENDA ITEM #5. h) AB - 2274 CITY OF enton SUBJECT/TITLE: Agreement for Automated Metering Infrastructure Technology and Software Upgrade RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager EXT.: 7210 Funding for this agreement in the amount of $363,172.50 plus applicable sales tax, is available from the approved 2018 Water Utility Capital Improvement Program budget for Automated Meter Conversion (425.455591) and from the Information Technology Service Contracts budget (503.000000.004.518.82.41.003). There is sufficient funding in the budgets to cover this agreement. Information technology, software upgrades, and maintenance services to the city's existing Automated Metering Infrastructure (AMI) Sensus Flexnet system are needed before the end of 2018 in order for the city to continue operation of the automated system for water meter reading, utility billing and water resource management. The current system runs on a version of a Microsoft Windows server that will no longer be supported by Microsoft and without the necessary upgrades, the system can fail and impact the city's ability to collect meter readings and bill our customers for water consumption. In 2011 City Council authorized the standardization of Sensus water metering equipment and related appurtenances as part of the conversion of all city water meters to an Automated Metering Infrastructure. The Sensus AMI system is operationally compatible with the city's billing software and it would be cost effective for the city to select a standard meter and AMI system. In August 2012 City Council approved a sole source contract CAG-12-124 with Ferguson Enterprises, Inc. to provide the city with Sensus brand metering equipment and technical services for the deployment of the Automated Meter Reading system. Ferguson Enterprises, Inc. is the only authorized full -line distributor of all Sensus metering products in Washington. A new sole source agreement with Ferguson Enterprises, Inc. is needed to continue operation of the existing Sensus Flexnet system. The work and services to be performed under this 5-year agreement include set-up of the upgrades to the regional network interface (RNI), set-up of Sensus Analytics applications for meter data management and data integration with the city's utility billing vendor and city staff training on the use of the RNI device manager and Sensus Analytics software. The agreement includes an annual fee for software as a service for Sensus' hosted software solution and technical support for the AMI system. A. Sole Source Approval Memo B. Agreement AGENDA ITEM #5. h) Authorize the Mayor and City Clerk to execute the sole source agreement with Ferguson Enterprises, Inc. in the amount of $363,172.50 plus applicable sales tax, for information technology upgrades and technical support services for the Sensus Flexnet Automated Metering Infrastructure system. AG PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: November 28, 2018 TO: Denis Law, Mayor FROM: Gregg Zimmerm,, ministrator STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager, ext. 7212 SUBJECT: Sole Source Authorization Request for Contract with Ferguson Enterprises, Inc. for Automated Metering Infrastructure Upgrades M #5. h) The Public Works Department requests your authorization for the use of a sole source contract with Ferguson Enterprises, Inc. for the purchase and installation of Sensus Analytics Software upgrades and for necessary technical and maintenance support services for the city to continue the operation of the Automated Metering Infrastructure (AMI) system. The city currently uses the Sensus brand automated metering equipment and software, which consists of Sensus water meters, radios, data collection, routing stations, Sensus software and interface with the city's utility billing system and water resource data management. The current system runs on a version of a Microsoft Windows server that will no longer be supported by Microsoft after 2018, and without the necessary upgrades, the system can fail and impact the city's ability to collect meter readings and bill our customers for water consumption. In 2011 City Council authorized the standardization of Sensus water metering equipment and related appurtenances as part of the conversion of all city water meters to an Automated Metering Infrastructure. The Sensus AMI system is operationally compatible with the city's billing software and it would be cost effective for the city to select Sensus equipment and technology as the standard AMI system. Sensus holds intellectual property rights for all of its software, technology, and equipment, and Ferguson Enterprises, Inc. is the only authorized full -line distributor of all Sensus metering equipment in Washington. AMI systems made by other manufacturers are not compatible with the Sensus system and cannot be used to upgrade the existing system. Therefore, a sole source contract with Ferguson Enterprises, Inc. for the purchase of Sensus Analytics Software and Upgrade is needed in order for the city to continue the operation of the existing Sensus Flexnet AMI system. The City Attorney approved the contract for legal form on November 27, 2018, and we plan to submit an agenda bill to City Council for referral to the Utilities Committee at the December 10, 2018 meeting, which is the last Council meeting in 2018. A briefing about this agreement is scheduled to take place during the December 6 Utilities Committee meeting. AGENDA ITEM #5. h) Denis Law, Mayor Page 2 of 2 November 28, 2018 The contract amount is $363,172.50 plus applicable state and local sales taxes and the contract will be for a 5-year term. There are sufficient funds in the approved 2018 budgets for the Water Utility and Information Technology Division to cover the cost of the contract. Your signature below will authorize the Public Works Department to proceed with a sole source contract with Ferguson Enterprises, Inc. in accordance with section 6.10.4 of city policy 250-02 on Purchasing, Bidding and Contractor Requirements. Denis Law, Mayor City of Renton I /7' g -// �- Date h:\file sys\wtr - drinking water utility\wtr-27 - water project files\wtr-27-03840 - upgrade ami system software\draft contract 2018\sole-sou rce-me mo-to-mayor.docx AGENDA ITEM #5. h) AGREEMENT FOR ADVANCED METERING INFRASTRUCTURE (AMI) SYSTEM, COMPONENTS AND SOFTWARE. THIS AGREEMENT, dated , 2018 is by and between the City of Renton (the "City"), a Washington municipal corporation, and Ferguson Enterprises, Inc. ("Consultant"), a Virginia Corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide an upgrade to the City's FlexNet Advanced Metering Infrastructure (AMI) system, including the Regional Network Interface (RNI) as software as a service (SaaS), Sensus Analytics (SA) Enhanced Package as SaaS (SA is the meter data management (MDM) component of the system), training on both the new RNI and MDM, annual software maintenance for the RNI and MDM, and annual maintenance (Sensus Extended Warranty Program) of the base stations as specified in Attachments A Scope of Work, B Price Quote, C Sensus Software as a Service Agreement with Exhibits — A. Software, B. Technical Support and C. Privacy Statement, which are attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Attachment B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Attachments A-C. All Work shall be performed by no later than April 30, 2025. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $363,172.50, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Attachment B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Attachment B. Except as AGENDA ITEM #5. h) specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or 0 PAGE 2 OF 11 AGENDA ITEM #5. h) nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to PAGE 3 OF 11 AGENDA ITEM #5. h) any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this 0 PAGE 4 OF 11 AGENDA ITEM #5. h) Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http:Hrentonwa.gov/BusinessLicensinp. Information regarding State business licensing requirements can be found at: http://dor.wa.gov/content/doingbusiness/registermybusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. 0 PAGE 5 OF 11 AGENDA ITEM #5. h) B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within thirty (30) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. 0 PAGE 6 OF 11 AGENDA ITEM #5. h) Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Information Technology Division 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6870 itservicedesk@rentonwa.gov Fax: (425) 430-6893 CONSULTANT Ferguson Waterworks 3601 20th Street E, Suite 2 Fife, WA 984224 Phone: (425) 486-9600 www.ferguson.com Fax: (425) 806-8510 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of s' . PAGE 7 OF 11 AGENDA ITEM #5. h) the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub -contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Mr. Mike Moore. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. PAGE 8 OF 11 AGENDA ITEM #5. h) D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared Attachment conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. 0 PAGE 9 OF 11 AGENDA ITEM #5. h) K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 0. Software Agreements. The City shall execute the attached Software as a Service (SaaS) Agreement for the Sensus FlexNet System with Reginal Network Service (RNI) and Analytics MDM suite. This Agreement is listed as Attachment C. 0 PAGE 10 OF 11 AGENDA ITEM #5. h) IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: Denis Law Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Non-standard 11-21-18(cib — 582) CONSULTANT MI - James Adams Ferguson General Manager Date AGENDA ITEM #5. h) Attachment A AGREEMENT FOR FLEXNET AMI UPGRADE INCLUDING RNI AND SENSUS ANALYTICS AS SOFTWARE AS A SERVICE Scope of Work: 1.1 Summary 1.2 This Scope of Services describes activities, roles and responsibilities of Ferguson Waterworks ("FWW" or "Ferguson"), associated with this FlexNet Customer Upgrade to the existing Advanced Metering Infrastructure (AMI) System and the roles and responsibilities of the City of Renton. 1.3 Ferguson will coordinate the integration to Sensus Analytics with the Customers Utility Billing Vendor. Please note that there may be charges incurred to the customer by their Utility Billing Software Provider for the creation and or automation of the file transfers. This process may need to be scheduled with the Utility Billing Software Company and may take some time to complete, therefore it is not possible to define an accurate Project Timeline. 1.4 Ferguson will coordinate the integration for Sensus Analytics to include the VFLEX File which is the Nightly Sync and the Billing Request and Response Files for the upgrade from the existing FlexNet MDM. 1.4 The Data being transferred from the old FlexNet System will need to be verified and possibly cleaned up prior to integration with the new software. Any Meters or SmartPoints that are no longer installed in the Customers AMI System will need to be removed from the database prior to porting data from old RNI to the new RNI/Device Manager. The cleaner the data, the system will be healthier from the beginning. Please see Removing Meters from the RNI/Device Manager for instructions. 1.5 Ferguson will provide the fully -functioning upgraded Sensus Analytics Software as d e f i n e d herein that transmits and integrates the water meter readings from all endpoints into the City of Renton customer billing system. AGENDA ITEM #5. h) 1.6 Ferguson will provide the training necessary for City of Renton to use the RNI/Device Manager and Sensus Analytics Software in order to integrate with the billing system which allows management of the AMI System as well as facilitate information for Billing and Customer Service. This training is typically 2 or 3 days depending on contract terms. 1.7 As an option, Integration with Third Party Vendor Software will require additional Integration Fees from Sensus, Ferguson and potentially from the Customers Utility Billing Vendor. 1.8 Ferguson with the Sensus will provide maintenance support for the system base stations via the Sensus Extended Warranty Program — FlexNet Infrastructure. See attached Sensus document 'Sensus Extended Warranty Program — FlexNet Infrastructure — SO-C-SVS-0003-0701-01-A'. Year one of the extended warranty begins one year after the upgraded system becomes operational. 1.9 Ferguson will coordinate with Sensus to configure a CMEP (California Meter Extract Protocol) for the City of Renton to receive meter read interval. The CMEP file will be sent to the City of Renton on an automated schedule. Assuming all data points are present in the file, it is the City's responsibility to consume and import the data into system(s). 2.1 General Responsibilities 2.2 Ferguson Waterworks: 2.2.1 Facilitate file set up and integration with the new FlexNet AMI Software to ensure proper communication between Sensus Software and Utility Billing Software. We will need access to current sync files and or billing route information as well as import and export file layout requirements in order to configure the data layout in Sensus Analytics. Depending on the responsiveness of all parties involved, and how quickly these files are provided, this process can be completed in 2 weeks and as long as months if the files are complex or require revisions to the Utility Billing Software Vendor. 2.2.2 Validate that all VFLEX, Billing Request and Billing Response Files lay out in AGENDA ITEM #5. h) the software and process accurately based on Customer requirements as defined during Data Integration process in Sensus Analytics and Utility Billing S o f t w a r e . This process happens as VFLEX, Import and Export Files are integrated with Sensus Analytics. 2.2.3 Provide Training to Administrators, Operators and Utility Billing in how to maneuver RNI/Device Manager and Sensus Analytics Software. Training Modules provide user reference for how to create files for billing, generate reports such as High Consumption, Leaks, etc., trouble shoot accounts without reads for billing, latent transmissions, etc., based on user roles and access level set by the System Administrator. Provide up to five 8 hour days of training (one of the 8 hours is a lunch break). 2.3 City of Renton: 2.3.1 Provide a key point of contact to work with Ferguson to include Utility Billing, Finance, Information Technology, Project Manager/Coordinator, etc. 2.3.2 Provide Ferguson with copies of the current Import/Export Fields and positions for mapping into the new software. 2.3.3 Facilitate communication between Utility Billing Software provider, Ferguson, Sensus and any third party vendors involved in the process such as Trainers, etc. 2.3.4 Provide Automated FTP Software for Automated VFLEX File transmission every evening to the Sensus Drop Server. This file is imported nightly into Sensus Analytics Software where it is then synced with the data that is transmitted from the RNI/Device Manager to Sensus Analytics containing the meter read and alarm information from the field. AGENDA ITEM #5. h) 2.2.5 Facilitate a Sync File created and validated to be imported into Sensus Analytics. Work with the Utility Billing Software Vendor to create the file. Once the file is approved by Sensus, then work with Utility Billing Software Provider to schedule the automated creation and transmission of the VFLEX File via Secure Automated FTP to be sent nightly to a Secure Sensus FTP Server. 2.2.6 Review accuracy of data layout once access is provided to software. 2.2.7 Be available for Training on RNI/Device Manager and Sensus Analytics Software. Sensus: 2.3.1 Receive go ahead from Ferguson to build servers for updated RNI/Device Manager and Sensus Analytics for City of Renton. 2.3.2 Review Software Anniversary Date for new system vs previous system Anniversary Date. New date to be defined and entered for future invoicing and support reference dates. 2.3.3 Build RNI/Device Manager Server 2.3.4 Build Sensus Analytics Server 2.3.5 Send Credentials to Ferguson POC 2.3.6 Once servers accepted by the customer, define cutover date. 2.3.7 Perform cutover Work Flow 1. Contract Agreement signed by City and Consultant 2. Software as a Service Agreement signed by Sensus and City 3. Ferguson submits ticket to Sensus Support to initiate project 4. Kick Off Meeting — City, Ferguson and Sensus a. Review Scope of Work b. Sensus Analytics Questionnaire used to help define VFLEX file contents c. Review of Sensus Analytics File components AGENDA ITEM #5. h) i. Import / Export Screenshots ii. SA field / file requirements 5. File Integration Development a. VFLEX File b. Billing Request File c. Billing Response File 6. Sensus Integration a. RNI Build Ticket Created b. RNI Build Complete c. Data ported from old RNI to new RNI d. Data ported to Sensus Analytics 7. Review of Sensus Analytics Site by City with the assistance of Ferguson and Sensus a. Verify data accuracy b. Verify data laid our correctly on screens 8. Training a. Provide customer onsite training b. Follow up WebEx training if required Anticipated Schedule Sign agreements on or before December 31, 2018 Kick off Meeting — circa mid -January 2019 Complete file development — early March 2019 RNI build complete — mid March 2019 Port data to RNI and Sensus Analytics complete — mid April 2019 Complete verifying data accuracy and lay out - early May 2019 Complete customer training — mid May 2019 Year 1 Extended Warranty — May 2020 — April 2021 Year 2 Extended Warranty — May 2021— April 2022 Year 3 Extended Warranty — May 2022 — April 2023 Year 4 Extended Warranty — May 2023 — April 2024 Year 5 Extended Warranty — May 2024 — April 2025 ZFERGUSON" 2042 TACOMA12 W 3156 SOUTH WATERWORKS TACOMA, WA 98444-0000 eliver To: rom: ThomaAGENDA ITEM #5. h) omments: Attachment B 15:53:24 OCT 25 2018 Bid No: B303907 Bid Date: 07/25/18 Quoted By: DGS Customer: CITY OF RENTON METER ACCOUNT 3555 NE 2ND ST RENTON, WA 98056 Cust PO#: Phone: 253-538.8275 Fax: 253-531-9909 FEI - SEATTLE WW #3011 Price Quotation Phone: 253-538-8275 Fax: 253-531-9909 Cust Phone: 425-430-6919 Terms: NET 10TH PROX Ship To: CITY OF RENTON METER ACCOUNT 3555 NE 2ND ST RENTON, WA 98056 Job Name: SENSUS ANALYTICS Item Description Quantity Net Price UM Total Sensus RNI and MDM Upgrade ««Y####fffff#ffft*f*4f#*YY Year 1 begins after the RNI and Sensus Analytics goes online for production use. SP-S539638370001/$ RNI SETUP FEE ONE TIME CHARGE 1 15400.000 EA 15400.00 SP-EDRNIONSITE/$ TRAINING RNI CORE ED ONSITE 1 6800.000 EA 6800.00 SP-S539638370052/$ SENSUS ANALYTICS SETUP FEE 1 6000.000 EA 6000.00 SP-SANALYLITICINTE SENSUS ANALYTICS BASIC INTEGRATION 1 8600.000 EA 8600.00 SUBTOTAL 36800.00 YEAR 1: SP-SSX40XXXXXXXXXX ANNUAL RNI SAAS FEE 1 19000.000 EA 19000.00 SP-S539638370053/$ WTR ANALYTICS ENHANCED ANNUAL FEE 1 19000.000 EA 19000.00 SP-PSCMEPSUINST N/A 1 0.0 EA 0.0 SP-SM400BMAINTFEE Base Station Extended Warranty 3 2387.500 EA 7162.50 SUBTOTAL 45162.50 YEAR 2: SP-SSX40XXXXXX XXX ANNUAL RNI SAAS FEE 1 28550.000 EA 28550.00 SP-S539638370053/$ WTR ANALYTICS ENHANCED ANNUAL FEE 1 28550.000 EA 28550.00 SP-PSCMEPSUINST N/A 1 0.00 EA 0.00 SP-SM400BMAINTFEE M400B BS MAINTENANCE FEE 4 2487.500 EA 9950.00 SUBTOTAL 67050.00 YEAR 3: SP-SSX40XXXXXXXX X ANNUAL RNI SAAS FEE 1 29400.000 EA 29400.00 SP-S539638370053/$ WTR ANALYTICS ENHANCED ANNUAL FEE 1 29400.000 EA 29400.00 SP-PSCMEPSUINST N/A 1 0.000 EA 0.00 SP-SM400BMAINTFEE M400B BS MAINTENANCE FEE 4 2590.000 EA 10360.00 SUBTOTAL 69160.00 YEAR 4: SP-SSX40XXXXXXXXX C ANNUAL RNI SAAS FEE 1 30285.000 EA 30285.00 SP-S539638370053/$ WTR ANALYTICS ENHANCED ANNUAL FEE 1 30285.000 EA 30285.00 SP-PSCMEPSUINST N/A 1 0.000 EA 0.00 SP-SM400BMAINTFEE M400B BS MAINTENANCE FEE 4 2697.500 EA 10790.00 Page 1 of 2 ZFERGUSON ° WATERWORKS FEI - SEATTLE WW #3011 Price Quotation Page 2 of 2 AGENDA ITEM #5. h) 15:53:24 OCT 25 2018 Reference No: B303907 Item Description SUBTOTAL Fax: 253-531-9909 YEAR 5: SP-SSX40XXXXXXXXXX ANNUAL RNI SAAS FEE SP-S539638370053/$ WTR ANALYTICS ENHANCED ANNUAL FEE SP-PSCMEPSUINST N/A SP-SM400BMAINTFEE M400B BS MAINTENANCE FEE SUBTOTAL Pricing increases for annual software maintenance fees in years 6 to 10 will not exceed the Seattle -Tacoma -Bellevue CPI-U or 5% whichever is larger Quantity Net Price UM Total 71360.00 1 31200.000 EA 31200.00 1 31200.000 EA 31200.00 1 0.000 EA 0.00 4 2810.000 EA 11240.00 73640.00 Net Total: $363172.50 Tax: $36317.25 Freight: $0.00 Total: $399489.75 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. _ . Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non -potable applications. Buyer is solely responsible for product selection. Attachment C Software as a Service Agreement between City of Renton ("Customer") and Sensus USA Inc. ("Sensus") AC LkW0T 5. h) a xylem brand IN WITNESS WHEREOF, the parties have caused this Software as a Service ("Agreement") to be executed by their duly authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date." This Agreement shall commence on the Effective Date and continue for/until: 5 Years ("Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 1 year ("Renewal Term"). The "Term" shall refer to both the Initial Term and the Renewal Term. Sensus USA Inc. By: Name: Title: Date: Contents of this Agreement: Agreement Exhibit A Software Exhibit B Technical Support Exhibit C Privacy Statement Customer: City of Renton By: Name: Title: Date: Confidential I Page 1 of 15 AGENDA ITEM #5. h) Agreement 1. General A. Agreement Generally. The scope of this Agreement includes usage terms for Sensus' hosted Software solution, technical support, and supporting terms and conditions for an advanced metering infrastructure solution that Customer has purchased from Sensus' authorized distributor. Customer is not paying Sensus directly for the services provided by Sensus under the Agreement; rather, Customer shall pay Sensus' authorized distributor pursuant to a separate agreement between Customer and such authorized distributor. 2. Software. A. Software as a Service (SaaS). Sensus shall provide Customer with Software as a Service, as defined in Exhibit A, only so long as Customer is current in its payments for such services. B. UCITA. To the maximum extent permitted by law, the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply, in whole or in part, to this Agreement. 3. Spectrum A. Spectrum Lease. The parties previously entered into a spectrum manager lease on 611/2014 (the "Spectrum Lease°), which is hereby specifically incorporated by reference. 4. Equipment. A. Purchase of Equipment. Customer is not required to purchase any equipment under this Agreement. In the event Customer elects to purchase equipment, Customer shall purchase all Field Devices, RF Field Equipment, and other goods (collectively, "Equipment") from Sensus' authorized distributor pursuant to the terms and conditions (including any warranties on such Equipment) agreed by Customer and Sensus' authorized distributor. If Customer elects to purchase any equipment or services directly from Sensus, or if Customer pays any fees or other costs to Sensus, then Sensus' Terms of Sale shall apply. The "Terms of Sale' are available at: http:l/www.sensus.com/TC, or 1-800-METER-IT. B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON -INFRINGEMENT AND TITLE. 5. Services. A. Installation of Equipment. Installation services for Field Devices, other goods, and RF Field Equipment will be as agreed between the Customer and Sensus' authorized distributor. Sensus will not provide installation services pursuant to this Agreement B. Technical Support. Sensus shall provide Customer the technical support set forth in Exhibit B. C. Project Management. Sensus' authorized distributor will provide project management services to Customer. Any project management of the FlexNet System provided by Sensus shall be subject to a separate agreement which describes the scope and pricing for such work. D. Training. Sensus' authorized distributor will provide Customer with training on the use of the FlexNet System. Any training provided by Sensus shall be subject to a separate agreement which describes the scope and pricing for such work. E. IT Systems Integration Services. Except as may otherwise be provided herein, integration of the Software into Customer's new or existing internal IT systems is not included in this Agreement. Any integration work shall be subject to a separate agreement which describes the scope and pricing for such work. 6. General Terms and Conditions. A. Infringement Indemnity. Sensus shall indemnify and hold harmless Customer from and against any judgment by a court of competent jurisdiction or settlement reached from any litigation instituted against Customer in the United States by a third party which alleges that the AMI System provided hereunder infringes upon the patents or copyrights of such third party, provided that Sensus shall have the right to select counsel in such proceedings and control such proceedings. Notwithstanding the foregoing, Sensus shall have no liability under this indemnity unless Customer cooperates with and assists Sensus in any such proceedings and gives Sensus written notice of any claim hereunder within fourteen (14) days of receiving it. Further, Sensus shall have no liability hereunder if such claim is related to; (i) any change, modification or alteration made to the AMI System by Customer or a third party, (ii) use of the AMI System in combination with any goods or services not provided by Sensus hereunder, (iii) Customer's failure to use the most recent version of the Software or to otherwise take any corrective action as reasonably directed by Sensus, (iv) compliance by Sensus with any designs, specifications or instructions provided by Customer or compliance by Sensus with an industry standard, or (v) any use of the AMI System other than for the Permitted Use. In the event the AMI System is adjudicated to infringe a patent or copyright of a third party and its use is enjoined, or, if in the reasonable opinion of Sensus, the AMI System is likely to become the subject of an infringement claim, Sensus, at its sole discretion and expense, may; (i) procure for Customer the right to continue using the AMI System or (ii) modify or replace the AMI System so that it becomes non -infringing. THIS SECTION STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SENSUS' ENTIRE LIABILITY FOR ANY CLAIM OF INFRINGEMENT. B. Limitation of Liability. Sensus' aggregate liability in any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively "Causes of Action") shall not exceed the greater of; (a) the total amount paid by Customer for Sensus Software as a Service under this Agreement; or (b) ten thousand US dollars (USD 10,000.00). This is so whether the Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise. As separate and independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for, (i) any indirect, incidental, special or consequential damages; nor (ii) any revenue or profits lost by Customer or its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (iii) any In/Out Costs; nor (v) damages arising from maincase or bottom plate breakage caused by freezing temperatures, water hammer conditions, or excessive water pressure. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forty-five (45) days of written notice by the other party. Upon any expiration or termination of this Agreement, Sensus' and Customer's obligations hereunder shall cease and the software as a service and Spectrum Lease shall immediately cease. D. Force Majeure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Force Majeure. E. Intellectual Property Rights. i. Software and Materials. No Intellectual Property is assigned to Customer hereunder. Excluding Customer Data, Sensus shall own or continue to own all Confidential I Page 2 of 15 AGENDA ITEM #5. h) right, title, and interest in and to the Intellectual Property associated with the Software and related documentation, including any derivations and/or derivative works (the "Sensus IP"). To the extent, if any, that any ownership interest in and to such Sensus IP does not automatically vest in Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and interest that Customer may have in and to such Sensus IP. Customer agrees not to reverse engineer any Sensus Products purchased or provided hereunder. ii. Customer Data. Notwithstanding the prior paragraph, as between Customer and Sensus, Customer remains the owner of all right, title or interest in or to any Customer Data. "Customer Data means solely usage data collected by the Field Devices. To avoid doubt, Customer Data does not include non - End User usage data collected by the Field Devices, Software, or AM System, such as network and equipment status information or the like. iii. Consent to Use of Customer Data. Customer hereby irrevocably grants to Sensus a royalty -free, non-exclusive, irrevocable right and license to access, store, and use such Customer Data and any other data or information provided to Sensus, to (1) provide the Service; (2) analyze and improve the Service; (3) analyze and improve any Sensus or affiliate equipment, software, or service; or (4) for any other internal use. As used herein, "Service" means Sensus' obligations under this Agreement. iv. Access to Customer Data. Within 45 days of Customer's written request, Sensus will provide Customer a copy of the previous 24 months CMEP interval file and deliver the file to a drop location specified by Customer. F. Data Privacy. Customer acknowledges that Sensus and its Affiliates (collectively, "Xylem") will collect and process personal data for the purposes outlined in this Agreement. Xylem's data privacy policy is available at https:/twww.xylem.com/en-us/supportlpdvacy/. Customer acknowledges that it has read and understood Xylem's privacy policy and agrees to the use of personal data outlined therein. The collection and use of personal data by Customer is Customer's responsibility. See attached Exhibit C. G. Confidentiality. Except as may be required under applicable law, court order, or regulation, the parties agree and understand that they are subject to and must comply with the Washington State Public Records Act RCW 42.56. or to the extent required to perform and enforce this Agreement, both parties shall (and shall cause their employees and contractors to) keep all Confidential Information strictly confidential and shall not disclose it to any third party. The Confidential Information may be transmitted orally, in writing, electronically or otherwise observed by either party. Notwithstanding the foregoing, "Confidential Information" shall not include; (i) any information that is in the public domain other than due to Recipient's breach of this Agreement; (ii) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser; or (iii) any information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser. "Discloser" means either party that discloses Confidential Information, and "Recipient" means either party that receives it. H. Compliance with Laws. Customer shall comply with all applicable country, federal, state, and local laws and regulations, as set forth at the time of acceptance and as may be amended, changed, or supplemented. Customer shall not take any action, or permit the taking of any action by a third party, which may render Sensus liable for a violation of applicable laws. I. Export Control Laws. Customer shall; (i) comply with all applicable U.S. and local laws and regulations governing the use, export, import, re-export, and transfer of products, technology, and services; and (ii) obtain all required authorizations, permits, and licenses. Customer shall immediately notify Sensus, and immediately cease all activities with regards to the applicable transaction, if the Customer knows or has a reasonable suspicion that the equipment, software, or services provided hereunder may be directed to countries in violation of any export control laws. By ordering equipment, software or services, Customer certifies that it is not on any U.S. government export exclusion list. ii. Anti -Corruption Laws. Customer shall comply with the United States Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§ 78dd-1, et seq.; laws and regulations implementing the OECD's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; the U.N. Convention Against Corruption; the Inter -American Convention Against Corruption; and any other applicable laws and regulations relating to anti- corruption in the Customer's county or any country where performance of this Agreement, or delivery or use of equipment, software or services will occur. I. Non -Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not in any way affect, limit or waive that party's right to enforce and compel strict compliance with the same or other articles or provisions. J. Assignment and Sub -contracting. Either party may assign, transfer or delegate this Agreement without requiring the other party's consent; (i) to an Affiliate; (ii) as part of a merger, or (iii) to a purchaser of all or substantially all of its assets. Apart from the foregoing, neither party may assign, transfer or delegate this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Furthermore, Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation, the systems integration work (if applicable), or project management (if applicable), without requiring Customer's consent. K. Amendments. No alteration, amendment, or other modification shall be binding unless in writing and signed by both Customer and by a vice president (or higher) of Sensus. L. Governing Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington. Any and all disputes arising under, out of, or in relation to this Agreement, its negotiation, performance or termination ("Disputes") shall first be resolved by mediation between the Parties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES. M. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or expiration. N. Severability. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full force and effect. 0. Four Corners. This written Agreement, including all of its exhibits and the Spectrum Lease, represents the entire understanding between and obligations of the parties and supersedes all prior understandings, agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. Any additional writings shall not modify any limitations or remedies provided in the Agreement. There are no other terms or conditions, oral, written, electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement. Further, there are no representations that induced this Agreement that are not included in it. The ONLY operative provisions are set forth in writing in this Agreement. Without limiting the generality of the foregoing, no purchase order placed by or on behalf of Customer shall alter any of the terms of this Agreement. The parties agree that such documents are for administrative purposes only, even if they have terms and conditions mica_' , on them and even if and when they are accepted and/or processed by Sensus. Any goods, software or services delivered or provided in anticipation of this Agreement (for e.g., as part of a pilot or because this Agreement has not yet been signed but the parties have begun the deployment) under purchase orders placed prior to the execution of this Agreement are governed by this Agreement upon its execution and it replaces and supersedes any such purchase orders. P. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Additionally, this Agreement may be executed by facsimile or electronic copies, all of which shall be considered an original for all purposes. Confidential I Page 3 of 15 AGENDA ITEM #5. h) Definitions. As used in this Agreement, the following terms shall have the following meanings: A. "Affiliate" of a party means any other entity controlling, controlled by, or under common control with such party, where "control" of an entity means the ownership, directly or indirectly, of 50% or more of either, (i) the shares or other equity in such entity; or (ii) the voting rights in such entity. B. 'Confidential Information" means any and all non-public information of either party, including all technical information about either party s products or services, pricing information, marketing and marketing plans, Customer's End Users' data, FlexNet System performance, FlexNet System architecture and design, FlexNet System software, other business and financial information of either party, and all trade secrets of either party. C. "End User means any end user of electricity, water, and/or gas (as applicable) that pays Customer for the consumption of electricity, water, and/or gas, as applicable. D. "Field Devices" means the SmartPoint Modules. E. 'FlexNet Base Station" identifies the Sensus manufactured device consisting of one transceiver, to be located on a tower that receives readings from the SmartPoint Modules (either directly or via an R100 unit) by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication. For clarity, FlexNet Base Stations include Metro Base Stations. F. "FlexNet System" is comprised of the SmartPoint Modules, RF Field Equipment, Server Hardware, software licenses, Spectrum Lease, and other equipment provided to Customer hereunder. The FlexNet System only includes the foregoing, as provided by Sensus. The FlexNet System does not include goods, equipment, software, licenses or rights provided by a third party or parties to this Agreement. G. 'Force Majeure" means an event beyond a party's reasonable control, including, without limitation, acts of God, hurricane, flood, volcano, tsunami, tomado, storm, tempest, mudslide, vandalism, illegal or unauthorized radio frequency interference, strikes, lockouts, or other industrial disturbances, unavailability of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commission or agency of the United States or any States, any arrests and restraints, civil disturbances and explosion. H. "Hosted Software" means those items listed as an Application in Exhibit A. I. 'In/Out Costs" means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User's premises and any costs and expenses incurred by Customer in installing, uninstalling and removing goods. J. 'Intellectual Property/' means patents and patent applications, inventions (whether patentable or. not), trademarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, specifications, drawings, designs, maskwork rights, moral rights, authors rights, and other intellectual property rights, including any derivations and/or derivative works, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United States or of any other state, country or jurisdiction, any registrations or applications thereof, and all goodwill pertinent thereto. K. 1CM' identifies the load control modules. L. "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by Customer to Sensus' authorized distributor during the Term of this Agreement. M. 'Patches" means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the Software. For clarity, Patches are not Updates or Upgrades. N. 'Permitted Use" means only for reading and analyzing data from Customer's Field Devices in the Service Territory. The Permitted Use does not include reading third devices not provided by Sensus or reading Field Devices outside the Service Territory. 0. "R100 Unit" identifies the Sensus standalone, mounted transceiver that lakes the radio frequency readings from the SmartPoint Modules and relays them by radio frequency to the relevant FlexNet Base Station or directly to the RNI by TCP/IP backhaul communication, as the case may be. P. "Release" means both Updates and Upgrades. Q. "Remote Transceiver" identifies the Sensus standalone, mounted relay device that lakes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCP/IP backhaul communication. R. "RF Field Equipment' means, collectively, FlexNet Base Stations, R100 units (if any) and Remote Transceivers (if any). S. "RNr' identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPoint Modules. The RNI hardware specifications will be provided by Sensus upon written request from Customer. T. "RNI Software" identifies the Sensus proprietary software used in the RNI and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. U. "Service Territory" identifies the geographic area where Customer utilizes Sensus equipment to provide services to End Users as of the Effective Date. This area will be described on the propagation study in the parties' Spectrum Lease filing with the FCC. V. "Server Hardware" means the RNI hardware. W. "SmartPointT" Modules" identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demand/response devices located at Customer's End Users' premises that communicate with the relevant devices and transmit those communications by radio frequency to the relevant piece of RF Field Equipment. X. "Software" means all the Sensus proprietary software provided pursuant to this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. The Software does not include any third party software. Y. "Updates" means releases of the Software that constitute a minor improvement in functionality. Z. "Upgrades" means releases of the Software which constitute a significant improvement in functionality or architecture of the Software. AA. "WAN Backhauf'means the communication link between FlexNet Base Stations and Remote Transceivers and RNI. Confidential I Page 4 of 15 AGENDA ITEM #5. h) Exhibit A Software Software as a Service 1. Description of Services. This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both; (i) pricing for the application of Software as a Service has been provided to the Customer; and (ii) the Customer is current in its payments to Sensus' authorized distributor for such application of Software as a Service. A. Software as a Service Generally. Software as a Service is a managed service in which Sensus will be responsible for the day-to-day monitoring, maintenance, management, and supporting of Customer's software applications. In a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, network equipment, Sensus software, and all third -party software) required to run and operate the application. These software applications consist of the following (each an "Application'): Regional Network Interface (RNI) Software Sensus Analytics o Enhanced Package The managed application systems consist of the hardware, Sensus Software, and other third -party software that is required to operate the software applications. Each Application will have a production, and Disaster Recovery (as described below) environment Test environments are not provided unless otherwise specifically agreed by Sensus in writing. Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications. B. Use of Software as a Service. Subject to the terms of this Agreement, Sensus shall make Software as a Service available to Customer to access and use solely for the Permitted Use and solely for so long as Customer is current in its payments to Sensus or its authorized distributor for Software as a Service. The Software as a Service term commences on the date that Sensus first makes Software as a Service available to Customer for use, and ends upon the earlier of: (i) the expiration or termination of the Agreement; (ii) breach by Customer of this exhibit or the Agreement; or (III) Customers termination of Software as a Service as set forth in paragraph (C) below. C. Termination of Software as a Service. Customer shall have the option at any time before the end of the Term to terminate any Application by giving Sensus one hundred twenty (120) days prior written notice. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate any Application, Customer acknowledges that; (a) Customer shall pay all applicable fees, including any unpaid Software as a Service fees due in the current calendar year plus a ten percent (10%) early termination fee, where such fee is calculated based on the annual Software as a Service fee due in the current calendar year; and (b) Software as a Service for such Application shall immediately cease. If Customer elects to terminate the RNI Application in the Software as a Service environment but does not terminate the Agreement generally, then upon delivery of the notice to Sensus, Customer shall purchase the necessary (a) RNI hardware from a third party and (b) RNI software license at Sensus' then -current pricing. No portion of the Software as a Service fees shall be applied to the purchase of the RNI hardware or software license. D. Software as a Service means one the following services: i. Sensus will provide the use of required hardware, located at Sensus' or a third -parry's data center facility (as determined by Sensus), that is necessary to operate the Application. ii. Sensus will provide production and disaster recovery environments for Application. iii. Sensus will provide patches, updates, and upgrades to latest Sensus Hosted Software release. iv. Sensus will configure and manage the equipment (server hardware, routers, switches, firewalls, etc.) in the data centers: (a) Network addresses and virtual private networks (VPN) (b) Standard time source (NTP or GPS) (c) Security access points (d) Respond to relevant alarms and notifications v. Capacity and performance management. Sensus will: (a) Monitor capacity and performance of the Application server and software applications 24x7x365 using KPI metrics, thresholds, and alerts to proactively identify any potential issues related to system capacity and/or performance (i.e. database, backspool, logs, message broker storage, etc.) (b) If an issue is identified to have a potential impact to the system, Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B, Technical Support. (c) Manage and maintain the performance of the server and perform any change or configuration to the server, in accordance to standard configuration and change management policies and procedures. (d) Manage and maintain the server storage capacity and performance of the Storage Area Network (SAN), in accordance to standard configuration and change management policies and procedures. (e) Exceptions may occur to the system that require Sensus to take immediate action to maintain the system capacity and performance levels, and Sensus has authority to make changes without Customer approval as needed, in accordance to standard configuration and change management policies and procedures. vi. Database management. Sensus will: (a) Define data retention plan and policy. (b) Monitor space and capacity requirements. (c) Respond to database alarms and notifications. (d) Install database software upgrades and patches. (e) Perform routine database maintenance and cleanup of database to improve capacity and performance, such as rebuilding indexes, updating indexes, consistency checks, run SQL query/agent jobs, etc. vii. Incident and Problem Management. Sensus will: (a) Proactively monitor managed systems (24x7x365) for key events and thresholds to proactively detect and identify incidents. (b) Respond to incidents and problems that may occur to the Application(s). (c) Maintain policies and procedures for responding to incidents and performing root cause analysis for ongoing problems. (d) Correlate incidents and problems where applicable. Confidential I Page 5 of 15 AGENDA ITEM #5. h) (e) Sensus personnel will use the Salesforce Self Service Portal to document and track incidents. (f) In the event that Sensus personnel is unable to resolve an issue, the issue will be escalated to the appropriate Subject Matter Expert (SME). (g) Maintain responsibility for managing incident and problems through resolution and will coordinate with Customers personnel and/or any required third -party vendor to resolve the issue. (h) Provide telephone support consistent with Exhibit B, Technical Support in the case of undetected events. viii. Security Management. Sensus will: (a) Monitor the physical and cyber security of the server and Application(s) 24x7x365 to ensure system is highly secure in accordance with NIST Security Standards. (b) Perform active intrusion prevention and detection of the data center network and firewalis, and monitor logs and alerts. (c) Conduct period penetration testing of the network and data center facilities. (d) Conduct monthly vulnerability scanning by both internal staff and external vendors. (e) Perform Anti -Virus and Malware patch management on all systems. (f) Install updates to virus protection software and related files (including Virus signature files and similar files) on all servers from the update being generally available from the anti -virus software provider. (g) Respond to any potential threat found on the system and work to eliminate Virus or Malware found. (h) Adhere to and submit certification to NERCICIP Cyber Security standards. (i) Monitors industry regulation/standards regarding security — NERC, FERC, NIST, OpenSG, etc. through the dedicated Sensus Security team. 0) Provide secure web portal access (SSL) to the Application(s). ix. Backup and Disaster Recovery Management. Sensus will: (a) Perform daily backups of data providing one (1) year of history for auditing and restoration purposes. (b) Back-up and store data (on tapes or other storage media as appropriate) off -site to provide protection against disasters and to meet file recovery needs. (c) Conduct incremental and full back-ups to capture data, and changes to data, on the Application(s). (d) Replicate the Application(s) environments to a geographically separated data center location to provide a full disaster recovery environment for the Application production system. (e) Provide disaster recovery environment and perform fail -over to DR environment within forty-eight (48) hours of declared event. (f) Generate a report following each and any disaster measuring performance against the disaster recovery plan and identification of problem areas and plans for resolution. (g) Maintain a disaster recovery plan. In the event of a disaster, Sensus shall provide the services in accordance with the disaster recovery plan. (h) In the case of a disaster and loss of access to or use of the Application, Sensus would use commercially reasonable efforts per the Recovery Time Objectives and Recovery Point Objectives specified herein to restore operations at the same location or at a backup location within forty-eight (48) hours. (i) The Application shall have a Recovery Time Objective (RTO) of forty-eight (48) hours. Q) The Recovery Point Objective (RPO) shall be a full recovery of the Application(s), with an RPO of one (1) hours, using no more than a twenty-four (24) hour old backup. All meter -related data shall be pushed from each Base StationffGB restoring the database to real-fime minus external interfaced systems from the day prior. (k) Data from external interfaced systems shall be recreated within a forty-eight (48) hour period with the assistance of Customer personnel and staff, as needed. Customer Responsibilities: i. Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures. ii. Participate in all required configuration and change management procedures. iii. Customer will log incidents related to the managed Application with Sensus personnel via email, web portal ticket entry, or phone call. iv. Responsible for periodic processing of accounts or readings (i.e., billing files) for Customers billing system for billing or other analysis purposes. v. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted. vi. First response labor to troubleshoot FlexNet Base Station, R100s, Remote Transceivers or other field network equipment. vii. Responsible for local area network configuration, management, and support. viii. Identify and research problems with meter reads and meter read performance. ix. Create and manage user accounts. x. Customize application configurations. xi. Support application users. xii. Investigate application operational issues (e.g., meter reads, reports, alarms, etc.). xiii. Respond to alarms and notifications. xiv. Perform firmware upgrades over -the -air, or delegate and monitor field personnel for on -site upgrades. Software as a Service does not include any of the following services: i. Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event. ii. Any integration between applications, such as Hams MeterSense, would require a Professional Services contract agreement to be scoped, submitted, and agreed in a signed writing between Sensus and all the applicable parties. If an item is not listed in subparagraphs in item (D) above, such item is excluded from the Software as a Service and is subject to additional pricing. Further Agreements A. System Uptime Rate. i. Sensus (or its contractor) shall manage and maintain the Application(s) on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the managed Application(s) via internet or point to point connection (i.e., Managed -Access use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defined below). The System Uptime Rate, cumulative across all Applications, shall be calculated as follows: System Uptime Rate = 100 x (TMO — Total Non -Scheduled Downtime minutes in the Month] Confidential I Page 6 of 15 TMO AGENDA ITEM #5. h) ii. Calculations a. Targeted Minutes of Operation or TMO means total minutes cumulative across all Applications in the applicable month minus the Scheduled Downtime in the Month. b. Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime. C. Non -Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair). Exceptions. Exceptions mean the following events: • Force Majeure • Emergency Work, as defined below; and • Lack of Internet Availability, as described below. a. Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, Sensus shall be entitled to take any actions that Sensus, in good faith, determines is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security or like concern to any of the Application(s) ("Emergency Work"). Such Emergency Work may include, but is not limited to: analysis, testing, repair, maintenance, re -setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the Application(s) by the Customer is made available (the "Managed Systems"). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible. b. Lack of Internet Availability. Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public Internet or point-to-point network connection operated by a third party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Internet services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer's connections to, the Internet or point-to-point data connection (or portions thereof). Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events. Data Center Site -Security. Although Sensus may modify such security arrangements without consent or notice to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Managed Systems: i. The computer room(s) in which the hardware is installed is accessible only to authorized individuals. ii. Power infrastructure includes one or more uninteruptible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power. iii. Air-conditioning facilities (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch -over environmental units. iv. Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies (if any) in real time. v. Dry pipe pre -action fire detection and suppression systems are provided. vi. Data circuits are available via multiple providers and diverse paths, giving access redundancy. Responsibilities of Customer. i. Customer shall promptly pay all Software as a Service fees. ii. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the Application(s), Managed Systems or any of their functionality, performance, security or integrity, nor attempt to do so; (ii) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user, or (iii) forge, falsify, disguise or otherwise manipulate any identification information associated with Customer's access to or use of the Application(s). iii. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ("Customer's Systems") is exclusively the responsibility of Customer. Customer is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the Application(s) managed by Sensus; and (ii) Customer's network router and firewall, if applicable, to allow data to flow between the Customers Systems and Sensus' Managed Systems in a secure manner via the public Internet. iv. Upon receiving the system administrator account from Sensus, Customer shall create usemame and passwords for each of Customer's authorized users and complete the applicable Sensus registration process (Authorized Users). Such usemames and passwords will allow Authorized Users to access the Application(s). Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customer's account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Customer's account or any user ID and password pairs at any time; (ii) to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality; and (iii) to take the Sensus-recommended steps to log out from and otherwise exit the Application(s) and Managed Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, on the validity of the user accessing the Application(s) application through Customer's account, account ID, usemames or passwords. v. Customer shall be responsible for the day-to-day operations of the Application(s) and AMI System. This includes, without limitation, (i) researching problems with meter reads and system performance, (ii) creating and managing user accounts, (iii) customizing application configurations, (iv) supporting application users, (v) investigating application operational issues, (vi) responding to alarms and notifications, and (vii) performing over -the -air commands (such as firmware updates or configuration changes). Software Solution Components. i. Description of Software Solutions. Sensus software consists of a core communication module and a set of applications. Some applications are required to perform basic solution capabilities, other applications are optional and add additional capabilities and function to the overall solution. As Customer's business process expands and/or new Sensus offerings are made available, additional applications and functionality can dynamically be added to the solution, provided Customer purchases such additional applications. ii. Regional Network Interface. The Regional Network Interface (RNI) or Sensus head -end is the centralized intelligence of the FlexNet network; the RNI's primary objective is to transfer endpoint (such as meters) data to the Customer and the advanced feature applications. The RNI is adaptable to Confidential I Page 7 of 15 AGENDA ITEM #5. h) Customer configurations by simultaneously supporting a wide range of FlexNet enabled endpoints; including but not limited to meters (electric, water, gas), street lighting, and Home Area Network devices. a. Core Package (i) Communication 1. Manages all inbound and outbound traffic to and from endpoints 2. Outbound routing optimization 3. Route analyzer 4. AES256 bit encryption of radio messages 5. Reports and metric details of network performance and troubleshooting aids 6. Management of RF equipment (base stations and endpoint radios) (ii) Data Collection 1. Missing read management 2. Management of duplicate reads 3. 60 day temporary storage (iii) Application integration 1. To Sensus Analytics applications 2. Enable 3b party application integration 3. Batch CMEP file export 4. Real-time access through MultiSpeak 3.0 and 4.1 (iv) Endpoint Management 1. Gas, water, electric, lighting concurrent support 2. Remote configuration 3. Remote firmware updates 4. Reports, metrics and Troubleshooting (v) User Management 1. Secure access 2. Password management 3. Definable user roles 4. User permissions to manage access to capabilities b. Integration of RNI. Sensus shall provide RNI integration support services to Customer only to the extent specifically provided below: (i) Sensus shall meet with the representative from the Customers system(s) targeted for integration to determine which integration method is appropriate (e.g., Multispeak, CMEP, etc.). 1. In scope and included integration efforts: Provide the gateway URLs to the integrating system as needed, provide Customer with standard integration API documentation, validate and test that the correct Customer information is flowing into and/or out of the RNI. 2. Out of scope and subject to additional charges: Modifications or extensions to the standard API provided by Sensus and any integration efforts not outlined above as in scope and included. (ii) Customer Responsibilities: 1. Provide Sensus with information about the relevant information Customer wishes to transfer and integrate with the RNI. 2. Establish the network and security required for the two systems to reasonably communicate. 3. Verify integration to third party system functionality is working as intended. (iii) If an item is not listed in subparagraph (i) above, such item is excluded from the integration of Sensus RNI Support and is subject to additional pricing. Sensus Analytics Sensus Analytics is a cloud -based solution and data platform that allows storage and retrieval of raw reads and data from other sources for analysis, exportation, and inquiry or reporting. The platform provides applications and reporting capabilities. A. Essential Package. The Essential Package of the Sensus Analytics Application shall consist of the following modules: i. Device Access a. Allows search for meter details by using data imported from the billing system or the Sensus Device ID or AMI ID. b. Allows a view of the meter interval or register reads. C. Meter data is available to be copied, printed, or saved to certain user programs or file formats, specifically CSV, PDF, and Spreadsheet. d. Allows the current and historical data to be viewed. e. Allows the current usage to be compared to historical distribution averages. f. Allows the user to see the meter location on a map view. g. Allows notifications for an event on a single meter to be forwarded to a Customer employee. h. Allows details to be viewed about a meter— (dependent on the data integrated from other systems). ii. Meter Insight (provides the following) a. # of active meters. b. # of orphaned meters with drill down to the list of meters. C. # of inactive meters with usage drill down to the list of meters. d. # of stale meters with drill down to the list of meters. e. # of almost stale meters with drill down to the list of meters. f. # of meters where no read is available with drill down to the list of meters. g. # of meters with maximum threshold exceptions with drill down to the list of meters. h. # of meters with minimum threshold exceptions with drill down to the list of meters. i. # of unknown radios with drill down to the list of meters. iii. Report Access Confidential I Page 8 of 15 AGENDA ITEM #5. h) a. Allows the user to see meter alarms and choose a report from a list of standard reports. b. Master Route Register Reads: Shows the latest reads for all meters within specified time window. C. Meter Route Intervals Reads: Allows users to inspect intervals of a single meter over a period of time. d. Master Route No Readings: List all meters that are active in the system, but have not been sending reads within the specified time window. e. Consumption Report: List meters' consumption based on meter readings within the specified time window. I. Zero Consumption for Period: List meters whose readings do not change over a period of time. g. Negative Consumption: Shows the number of occurrences and readings of negative consumption for the last 24hr, 48hr and 72hr from the entered roll up date. h. High Low Exception Report: Displays meters whose reads exceed minimum orland maximum threshold, within a time range. i. Consumption vs Previous Reported Read: Compares latest reading (from RNI) with last known read received from CIS. j. Consumption Exception 24 hour Report: This report shows meters that satisfy these two conditions: (1) The daily average consumptions exceed entered daily consumption threshold; (2) The number of days when daily thresholds are exceeded are greater than the entered exception per day threshold. k. Endpoint Details: Shows the current state of meters that are created within the specified time range. I. Orphaned Meters: List meters that are marked as 'orphaned', which are created as of entered Created as of parameter. m. Billing Request Mismatch: Displays meters in a billing request that have different AMR id with the ones sent by RNI. It also shows AMR id in billing request that have different meter Id in the RNI. Users must enter which billing request file prior to running the report. n. All Alarms Report: List all alarms occurred during a time window. Users can select which alarm to show. iv. Billing Access a. Initiate the creation of billing export files formatted to the import needs of the billing system. b. Receive billing request files from the billing system to identify what meters to include in the billing export file in the case where billing request file option is used. C. Provides a repository of past billing files that were either used for billing preparation or actually sent to the billing system. d. Will store created billing files for a period of three years unless otherwise denoted. e. The system will allow creation of test files before export to the billing system. v. Billing Adaptor a. The underlying configurator and tools mapping the extraction of billing data to enable integration to the utility's billing system. vi. Data Store a. Allows storage of meter reading data including Intervals, Registers, and Alarms to be stored. b. Stored data is available online for reports and analysis. C. Data will be retained for 3 years. Additional duration can be purchased. Enhanced Package. The Enhanced Package shall consist of the modules listed above in the Essential Package, as well as the following additional modules: i. Alarm Insight a. Allows the user to summarize and filter alarms by a date range. b. Allows the user to review all alarm types on a single screen. C. The user can filter out the alarms not wanted on the screen. d. Alarm totals can be visualized. e. Adds a view of trending alarms over time. f. Click to drill down on an alarm to gain more information on specific events. g. Click to analyze a specific event on a particular device. ii. Alert Manager a. Allows creation of alert groups who will be notified when an alarm occurs. b. Users can manage alert groups by adding and removing group members. C. Allows selection of notification method for how end users in the group will be notified; email or SMS (text message). d. Allows creation of an alert from the available system events from smart points and assign to a group. e. Monitors the systems meters for events. When an event is triggered, all users in the group will be notified. C. Integration of Sensus Analytics. Sensus shall provide integration support services to Customer only to the extent specifically provided below: i. Sensus shall provide Customer with a simple flat file specification known as VFlex for the integration of the Customer's back office system to the Sensus Analytics modules. The VFlex shall contain the following types of information: Device ids, end users in the system, end user status, end user account information, end user name, and other end user details. This flat file may be delimited or fixed width. Customer shall produce this file and transmit it to the FTP location designated by Sensus. When sent to the Sensus FTP servers, this file exchange will enable the system to become operational with the Customers systems. Customer shall produce this file and transmit it to the FTP location designated by Sensus. Sensus will provide reasonable support to explain to Customer the required vs. optional fields that are in the specification, testing and validation of the file format and content. ii. In scope and included integration efforts: kick-off meeting to engage all required parties, mapping the Customer's fields to the VFlex specification, validation of expected output, and a two (2) hour system review of Sensus Analytics application and integration with the Customer's system (conducted remotely). iii. Out of scope and subject to additional charges will be the transformation of data where business logic including code must be written to modify the field content or format of the data to meet the VFlex specification. iv. Sensus' integration services consist of four (4) hours of assistance (remote or on -site, as determined by Sensus). If additional time is needed to complete the integration efforts, Sensus shall invoice Customer for additional fees on an actual time and materials basis. v. If an item is not listed in subparagraphs (i) or (ii) above, such item is excluded from the integration of Sensus Anatytics Support and is subject to additional pricing. vi. Data Import. The Sensus Analytics Application contains adapters for the import of data from; (a) Customer's FlexNet AMI System; and/or (b) AutoRead application for handheld and drive by systems, as applicable. vii. Customer Acknowledgements. a. Customer acknowledges that the Sensus Analytics Application provides up to fifty (50) user logins for Customer's use. Confidential I Page 9 of 15 AGENDA ITEM #5. h) b. Customer acknowledges and agrees the Sensus Analytics Application is based upon the actual number of End Users within Customers Service Territory. Pricing may increase if Customers Service Territory or actual number of End Users expands. c. Customer acknowledges that all data related to the Sensus Analytics Applications is geographically hosted within the United States of America. Customer accepts the geographic location of such hosting, and indemnifies Sensus for any claims resulting therefrom. d. Customer acknowledges and agrees that the Intellectual Property provisions of this Agreement apply in all respects to Customers access to and use of the Sensus Analytics Applications. e. Customer is responsible for validating the data analyzed by the Sensus Analytics Applications. Sensus makes no promises of improving Customers operations or saving Customer money, nor is Sensus liable for any damages resulting from decisions made by Customer related to Customer's use of Sensus Analytics. 4. Third Party Software. A. RedHat Linux.lf Sensus is providing Customer with a license to use RedHat Linux Software, Customer agrees to the following: By entering into this Agreement, Customer agrees to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below, each of which are incorporated into this Agreement by reference and are available at the websites identified below. Please read the Red Hat End User License Agreements and incorporated references carefully. Subscription: End User License Agreement: Red Hat Enterprise Linux hftp://www.redhat.com/licenses/rhel_rha_eula.html Moss Enterprise Middleware hftp://www.redhat.comflicensesrboss_eula.html Confidential I Page 10 of 15 AGENDA ITEM #5. h) Exhibit B Technical Support Introduction Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional resources required to resolve the issue. Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis. If Technical Services has exhausted all troubleshooting efforts for the product type, the issue will escalate to the Engineering Support Team. Occasionally, on -site troubleshooting/analysis may be required. The preferred order of on -site support is: a) The Customer (for assistance with the easiest and lowest time-consuming activities such as power on/power off). b) The local distributor. c) Sensus employees or contracted personnel, if required to fulfill a contract commitment. Support Categories 2.1. General questions regarding functionality, use of product, how-to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metering Products, Sensus Lighting Control, and Demand Response Management System (FlexNet Home). 2.2. Proactive reporting and resolution of problems. 2.3. Reactive reporting to isolate, document, and solve reported hardware/software defects. 2.4. Responding to service requests and product changes. 2.5. Addressing customer inquiries with printed or electronic documentation, examples, or additional explanation/clarification. 3. Support Hours 3.1. Standard Support Hours: Toll -free telephone support (1-800-638-3748 option #2) is available Monday thru Friday from 8:00 a.m. EST to 8:00 p.m. EST. After- hours, holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1-800-638-3748, option #8. Support Procedures 4.1. Customer identifies an issue or potential problem and calls Technical Services at 1-800-638-3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a SalesForce ticket. 4.2. The Customer Service Associate or Technical Support Engineer will identify the caller name and utility by the assigned software serial number, city, and state based on where the call originated. The Customer Service Associate or Technical Support Engineer will require a brief description of the problem symptoms, or error messages depending on nature of the incident. The nature of the problem and severity levels will be mutually agreed upon by both parties (either at the time the issue is entered or prior to upgrading or downgrading an existing issue) using the severity definitions below as a guideline. The severity level is then captured into SalesForce for ticket creation and resolution processing. Any time during the processing of this ticket, if the severity level is changed by Sensus, the customer will be updated. A. Severity Levels Description: Sev1 Customers production system is down. The system is unusable resulting in total disruption of work. No workaround is available and requires immediate attention. Example: Network mass outage, all reading collection devices inoperable, inoperable head end software (e.g., FlexWare, Sensus MDM). Not able to generate billing files. Sev2 Major system featurelfunction failure. Operations are severely restricted; there is a major disruption of work, no acceptable work -around is available, and failure requires immediate attention. Examples: Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Station transceiver, or VGB); inoperable reading devices (e.g., AR5500, VXU, VGB, or CommandLink); head end software application has important functionality not working and cannot create export file for billing system operations. Sev3 The system is usable and the issue doesn't affect critical overall operation. Example: Minor network equipment failure (e.g., EcholRemote false alarms or Base Station transceiver false alarms); head end software application operable but reports are not running properly, modification of view or some non -critical function of the software is not running. 4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is on support. If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed. 4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first -come -first -served basis. A 1st level Customer Service Associate may assist the customer, depending on the difficulty of the call and the representative's technical knowledge. Technical Support Engineers (Tier 1 support) typically respond/resolve the majority of calls based on their product knowledge and experience. A call history for the particular account is researched to note any existing pattern or if the call is a new report. This research provides the representative a basis and understanding of the account as well as any associated problems and/or resolutions that have been communicated. a. Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause. The following information must be collected: a detailed description of the issue's symptoms, details on the softwarelhardware product and version, a description of the environment in which the issue arises, and a list of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system, to see if reports of a similar problem exist, and if any working solutions were provided, if an existing resolution is found that will address the reported issue, it shall be communicated to the customer. Once it is confirmed that the issue has been resolved, the ticket is closed. C. If there is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the issue can be reproduced, either at the customer site or within support center test lab, Technical Services will escalate the ticket for further investigation / resolution. If the issue involves units that are considered to be defective with no known reason, the representative will open a Special Investigation RMA through the SalesForce system. If it is determined that a sample is required for further analysis, the customer will be provided with instructions that detail where to send the product sample(s) for a root cause analysis. Once it is determined that the issue cannot be resolved by Tier 1 resources, the ticket will be escalated to Tier 2 support for confirmation/workarounds to resolve immediate issue. Technical Services will immediately contact the customer to advise of the escalation. The response and escalation times are listed in Section 5. At this time, screen shots, log files, configuration files, and database backups will be created and attached to the ticket. 5. Response and Resolution Targets. Confidential I Page 11 of 15 AGENDA ITEM #5. h) Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets: Severity Standard Target Standard Target Resolution Resolution (one or more of the following) Response Immediately assign trained and qualified Satisfactory workaround is provided. Services Staff to correct the error on an 0 Program patch is provided. 1 30 Minutes expedited basis. Provide ongoing . Fix incorporated into future release. communication on the status of a 0 Fix or workaround incorporated into correction (24 hours). SalesForce Knowledge Base. Satisfactory workaround is provided. Assign trained and qualified Services 0 Program patch is provided. 2 4 hours Staff to correct the error. Provide • Fix incorporated into future release. communication as updates occur (48 hours). 0Fix or workaround incorporated into SalesForce Knowledge Base. Answer to question is provided. • Satisfactory workaround is provided. 3 1 Business Day 30 business days . Fix or workaround incorporated into SalesForce Knowledge Base. Fix incorporated into future release. 6. Problem Escalation Process. 6.1. If the normal support process does not produce the desired results, or if the severity has changed, the issue may be escalated as follows to a higher level of authority. 6.1.1.1. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours; to the Manager level if not resolved within 4 hours; to the Director level if not resolved within the same business day; and to the VP level if not resolved within 24 hours. 6.1.1.2. A customer may escalate an issue by calling 1-800-638-3748, Option 2. Please specify the SalesForce ticket number and the reason why the issue is being escalated. 6.1.1.3. In the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given SalesForce ticket to Manager of Technical Services (1-800-638-3748, Option 2). General Support Provisions and Exclusions. 7.1. Sensus provides online documentation for Sensus products, and all Sensus customers are provided access to this online database, which includes operation, configuration and technical manuals. The customer shall provide names and email accounts to Sensus so Sensus may provide access to the product documentation. 7.2. Specialized support from Sensus is available on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific contract or statement of work. For example: specialized systems integration services or out of warranty network equipment repair. Confidential I Page 12 of 15 AGENDA ITEM #5. h) Exhibit C Privacy Statement Xylem Privacy Policy (from website 11-07-2018) Thank you for visiting the Xylem website. Xylem and its operating divisions and subsidiaries (collectively 'Xylem", "We", "Us", or "The Company") maintain and operate this and other websites (collectively, the 'Xylem Sites' or "Sites") and are committed to safeguarding your privacy. This Privacy Statement is meant to help you understand what data we collect, how we use it, and what safeguards are in place to protect your data on the Sites. This Privacy Statement also applies to information collected offline through trade shows, seminars, conferences, or through other activities. SUMMARY OF KEY POINTS WHAT INFORMATION DOES XYLEM COLLECT? Xylem collects the following types of information about you when you visit our Sites (collectively, "Personal Data") or through the offline means described above: If you visit our sites, we automatically collect your domain name and/or IP address; If you communicate with us by email, we collect your email address; If you seek employment with us and provide us with information through offline means, we collect information in connection with employment opportunities, through our online recruiting tool. • Otherwise, Personal Data is only collected on Xylem Sites or via offline means if you voluntarily choose to provide it. Such Personal Data includes your name and/or that of your employer, title, address, telephone number and email address as well as account or transaction information collected as part of our business relationship with you. HOW THE COMPANY USES YOUR PERSONAL DATA We collect your Personal Data in order to: • Conduct our business, including providing you the products or services you requested • Send you marketing communications about new or updates to our existing products and services • Comply with our legal obligations • Maintain and improve our Sites and tailor the user experience • Protect the security of you and the Sites • Provide customer service and otherwise administer our business relationship with you As required by applicable law, we rely on several different legal bases to collect, use, and share your Personal Data: • Necessity to Perform Contract with You - we need to process your Personal Data to provide our products and services, ensure products and services are working as they should, answer questions and requests from you, manage our business relationship with you and provide customer support; • Compliance with Legal Obligations - we need to process your Personal Data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process; • Consent for Direct Marketing Communications - we rely on your consent to send you direct marketing, which you can unsubscribe from at any time by clicking the unsubscribe link in the relevant communications or contact us as detailed below; and • Based on Legitimate Interests - we process your Personal Data to protect your security and the security of the Sites; to detect and prevent fraud; to protect and defend the rights or property of others, or our own rights and interests; and to maintain and improve the user experience. We do not use automated decision -making, including profiling, that is, in a way that produces legal effects concerning you or significantly affects you. You are not required to provide all Personal Data identified in this Privacy Statement to use our Sites or to interact with us offline, but certain functionality will not be available if you do not provide certain Personal Data. If you do not provide certain Personal Data, we may not be able to respond to your requests, perform a transaction with you, or provide you with marketing that we believe you would find valuable. ARE COOKIES USED ON XYLEM SITES? In addition to a domain name and/or IP address, Xylem collects information about you automatically when you visit our Sites. The information that is automatically collected does not include your name, address, telephone number, or email address. This information tells us such things as how many users visited our site and the pages they have accessed. By collecting this information, we learn how to best tailor our Sites for our current and future visitors. To collect this information, we use a number of different analytics, media optimization tools, analytics tags and pixel tracking activity through 'cookie' technology or with'web beacons; as explained below: • Cookies A cookie is a small text file that is placed on your computer's hard drive by your web browser when you first visit the Site. Xylem uses cookies to both ensure functioning of the site as well as record user -specific information on what pages you visited as well as record past activities on our site in order to provide better service when visitors return to our site. There are two kinds of cookies that Xylem uses: Session Cookies - also called a transient cookie, a session cookie stores information about a user on its temporary memory so that it can remember something about you when you are visiting that site. Session cookies do not collect information from your computer and are erased when you close your Web browser. Persistent Cookies - Also called a permanent cookie, or a stored cookie, a persistent cookie collects identifying information about the user including web -surfing behavior and user preferences for a specific website. Persistent cookies are set with an expiration date and stored on your hard drive until it expires or until you delete from your computer. In some instances, cookies may enhance your online experience by saving your preferences while you are visiting a particular site. Most Internet browsers accept cookies automatically, but usually you can change the settings of your browser to erase cookies or prevent automatic acceptance altogether if you prefer. Please be advised that if you choose to not allow browser cookies, you may not be able to take full advantage of all the website features offered by Xylem. • Web Beacons Certain pages on our website(s) contain 'web beacons' also known as internet tags, pixel tags and clear GIFs. A web beacon is a small graphic image placed on the web page designed to allow Xylem to monitor incoming traffic and obtain information such as the IP address of the computer that downloaded the page on which the beacon appears as well as the URL of the page, the time the page was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We also use web beacons to recognize a unique cookie on your web browser, which enables us to learn which advertisements brought you to our website(s). In order to help gather more information about site usage, all Xylem Sites use advertising, analytics, media cookies and tags powered by tools such as Yahoo, Google, Adobe, Omniture, Rubicon and others. Additionally, the Sites also use Google Analytics, a web analytics service provided by Google, Inc. ('Google"), which also uses cookies. The information generated by the cookie about your use of the website (including your IP address) is transmitted to and stored by Google on servers in the United Confidential I Page 13 of 15 AGENDA ITEM #5. h) States. Google uses this information for the purpose of evaluation activity, compiling website reports and providing other services relating to website activity usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. The information collected by all cookies and web beacons includes general information about your computer settings, your connection to the Internet, the operating system and platform, IP address, your browsing patterns and timings of browsing on the site and geographical location. It does not contain your name, address, telephone number, or email address. In order to help gather more information about site usage, xyleminc.com and its affiliated sites use advertising, analytics, media cookies and tags, including: Collection of data through Internet Service provider (ip address, time, location, browser, etc) Cookies contact form transfer of personal data Google Analytics Facebook Witter Google +1 Linkedln Xing ouTube Google Adsense Google Analytics Remarketing Comments in a blog Google AdWords and conversion tracking Additional implementations in the website (please complete= ebTraxs Linkedln Insights Marketo Tracking Mouseflow To learn more about certain cookies used for interest based advertising by third parties, including through cross -device tracking, and to exercise certain choices regarding such cookies, please visit the Digital Advertising Alliance, Network Advertising Initiative, Digital Advertisinq Alliance -Canada, European Interactive Digital Advertising Alliance or your device settings for if you have the DAA or other mobile app. Do -Not Track: At this time, our Site is not configured to honor browsers' "Do Not Track" signals. HOW THE COMPANY SHARES YOUR PERSONAL DATA WITH THIRD PARTIES • If we are requested to disclose Personal Data by law, court of law, or as requested by a governmental or law enforcement authority, we may do so • We may pass your Personal Data or details of your use of the web site to other companies within the Xylem group of companies. • We may share information as necessary to prevent fraud or other illegal activities, such as willful attacks on Xylem's information technology systems, and as necessary to establish or preserve a legal claim or defense. • Xylem does not sell to third parties any Personal Data derived from a visitor's visit to or use of a Xylem Site except as part of the sale of a subsidiary or of all or substantially all of the assets of an operating division, which subsidiary or division collected or uses such information in the ordinary course of business. • Xylem takes appropriate steps to keep Personal Data confidential and only discloses this information to personnel in a Xylem firm or a third party that needs to have access to the information for legitimate business purposes. We may make your information available to our distributors, sales representatives or other business affiliates so that they may respond to a visitor's inquiry or provide information about our own or related goods or services that we believe support your business needs. LINKS TO THIRD -PARTY WEBSITES Occasionally, Xylem Sites may provide links to the web sites of our distributors, sales representatives or other business affiliates. In these situations, we are not responsible for the content or privacy practices they employ and encourage you to read their own privacy disclosures. HOW THE COMPANY STORES, TRANSFERS, OR PROCESSES YOUR PERSONAL DATA ACROSS BORDER Xylem may transmit the Personal Data we collect on Xylem Sites to representatives, global affiliates, and service providers in the United States or other countries where we do business that are outside your home country, and have different standards of data protection than your home country. We provide appropriate protections for cross - border transfers as required by law, including information transferred to third parties. With respect to such transfers from the European Economic Area ("EEA") to the United States and other non-EEAjurisdictions, we may rely on European Union ("EU") Model Clauses and Binding Corporate Rules and/or the need to process your information in order to provide the requested services (e.g., performance of a contract) to transfer your Personal Data. As permitted by applicable law, you may request details about the suitable safeguards we have in place by contacting us as described below. YOUR RIGHTS As permitted by applicable law, you may have the right to obtain confirmation of the existence of certain Personal Data relating to you, to verify its content, origin, and accuracy, as well as the right to access, review, port, delete, or to block or withdraw consent to the processing of certain Personal Data (without affecting the lawfulness of processing based on consent before its withdrawal), by contacting us at datasubiect.reguests(&xvleminc.com Please note that we may need to retain certain Personal Data as required or permitted by applicable law. YOUR CHOICES You have the following choices regarding our use and disclosure of your Personal Data: • Marketing Communications. If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed or receive any other communication from Xylem, please follow the unsubscribe link in the relevant communications or contact us using the link below. • Cookies and Similar Technologies. Please review your browser or computer settings for certain cookies and see above to exercise certain choices regarding cookies. HOW THE COMPANY RETAINS YOUR PERSONAL DATA Confidential I Page 14 of 15 AGENDA ITEM #5. h) Xylem only retains your Personal Data for the minimum amount of time necessary to accomplish the purpose for which it was collected. HOW THE COMPANY PROTECTS THE SECURITY OF YOUR INFORMATION Xylem uses industry -standard encryption technologies when transferring and receiving data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against loss, misuse or alteration of information that we have collected from you at our site. We also employ reasonable technologies to keep the Personal Data you provide on Xylem Sites secure. CHANGES TO OUR PRIVACY STATEMENT Xylem may update this Privacy Statement from time to time as our business (e.g. merger/acquisition) and services change, or as required by law. The effective date of our Privacy Statement is posted above, and we encourage you to visit our Sites periodically to stay informed about Xylem's privacy practices. We will post the updated version of the Privacy Statement on our Site, and ask for your consent to the changes if legally required to do so. HOW YOU CAN CONTACT US If you have any questions regarding this Privacy Statement or our privacy practices in general, please contact our Director of Global Trade and Data Privacy Compliance with any concerns or inquiries via phone at +1-914-323-5700 or via email at data.privacy@xyleminc.com • You may also have a right to lodge a complaint with a supervisory authority. May 4, 2018 Confidential I Page 15 of 15 AGENDA ITEM # 7. a) CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE CITIES OF AUBURN AND KENT FOR THE PURPOSE OF PLANNING, FUNDING, AND IMPLEMENTING A JOINT FUNDING PROGRAM ENTITLED THE "VALLEY CITIES ASSOCIATION," FOR THE YMCA OF GREATER SEATTLE ALIVE & FREE PROGRAM. WHEREAS, the City and the Cities of Auburn and Kent (collectively the "Cities") are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Cities desire to enter into an interlocal agreement entitled "Memorandum of Understanding Between the Cities of Auburn, Kent, and Renton for Planning, Funding, and Implementation of a Joint Funding Program" ("MOU"), in order to formalize a cooperative arrangement between the Cities, known as the "Valley Cities Association;" and WHEREAS, the purpose of this arrangement is to address shared community issues, including, but not limited to gang prevention and intervention, through the YMCA of Greater Seattle Alive & Free program; and WHEREAS, the YMCA of Greater Seattle Alive & Free program is designed reduce gang violence and advocate on behalf of young people directly involved in and impacted by gang violence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into the MOU, attached hereto as Exhibit A and incorporated by this reference. 1 AGENDA ITEM # 7. a) RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney RES.1788:11/30/18:scr Denis Law, Mayor 2 AGENDA ITEM # 7. a) RESOLUTION NO. EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, AND RENTON FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM 3 AGENDA ITEM # 7. a) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, AND RENTON FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant to Chapter 39.34 RCW by the Cities of Auburn, Kent, and Renton, Washington hereinafter referred to as "Cities", to provide for planning, funding, and implementation of a joint funding program. WHEREAS, the Cities engage in activities which support service providers in King County; and WHEREAS, the parties wish to make the most efficient use of their resources by cooperating to provide funding to support service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to engage in cooperative efforts which result in more efficient use of Government resources. NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows: 1. Purpose of MOU. The purpose of the MOU is to formalize a cooperative arrangement between the Cities for the purpose of addressing shared community issues, including, but not limited to gang prevention and intervention. 2. Joint Participation. a. Lead City. One of the party Cities will serve as Lead City and will be designated by the Cities for contracting, with the Lead City shown in Exhibit A, a copy of which is attached hereto and incorporated herein by this reference. to act as the fiscal and administrative agent for the Cities. The responsibilities of the Lead City are described in Section 4. b. Participating City. A Participating City is a city participating in the cooperative funding, who is not the Lead City Participating Cities are identified in Exhibit A. A Participating City shall review quarterly reports from the contracted agencies that provide services related to the shared community issues, such as gang prevention and intervention. If a Participating City becomes concerned with the agency's services, it will promptly notify the Lead City If a Participating City determines that the agency is not performing satisfactorily for their city, the Participating City reserves the right to request the Lead City to withhold payments to the agency for their share of Joint Funding MOU funding. In the event that a claim or lawsuit is initiated by the agency against any City for withholding payment, the City requesting the withholding of payment shall be responsible for settling or defending the claim or lawsuit. In addition, in the event of any settlement of or judgment on the claim or lawsuit, the City requesting that payment be withheld shall be fully responsible for the payment of such AGENDA ITEM # 7. a) Joint Funding MOU Page 2 of 7 settlement or judgment and shall indemnify, defend, and hold harmless the other Cities for such settlement or judgment. 3. FundinArrangement. a. Allocation. Each Participating City shall provide to the Lead City no later than March 31 st of each year, the City's annual funding allocation for the agency, as described in Exhibit A. No administrative costs shall be imposed by the Lead City to the participating Cities. Exhibit A will be updated each year to show the contracted agency(ies), Lead City, participating Cities, and funding amounts for that calendar year. b. Return of Unspent Funds. Any monies that the agency(ies) does not spend during the calendar year shall be proportionately returned to each Participating City. On or before March 31 st of the next calendar year the Lead City will provide the unspent funds to each participating City. 4. Responsibilities of Lead City. A Lead Cif administrative agent on behalf of the Cities, as Lead City shall include the following: r has been designated to act as the fiscal and shown in Exhibit A. The responsibilities of the a. Send an invoice to each Participating City by January 30th of each year for their annual approved allocation to the agency. b. Contract with the agency each year, for the total funding allocated by the Participating Cities, detailing performance measures to be performed by the agency for each City. c. Receive, review, and process the quarterly invoices and reports from the agency. Quarterly reports shall describe services provided specifically to each City. Disputes regarding billings will be resolved among the Participating Cities. d. Provide copies of quarterly reports to the Participating Cities, if the reports are not provided directly by the agency. e. Provide the agency with a funding application and technical assistance as required. f. Perform an annual monitoring visit of the agency, to include the participation of another Participating City. g. Maintain accounts and records which properly reflect transactions related to this MOU. 5. Duration. This MOU shall become effective when it is executed by a majority of the Cities and shall automatically renew annually for one-year terms, unless terminated as described in section 6. 6. Termination. Any party may terminate its participation in the MOU without cause after giving the other Cities a thirty day written notice. Termination shall be effective at the end of the 30 days. The terminating party shall remain fully responsible for meeting its funding responsibilities and AGENDA ITEM # 7. a) Joint Funding MOU Page 3 of 7 other obligations established by this MOU through the end of the calendar year in which such notice is given. 7. Notices. Notices to the Cities shall be sent to the following persons: City Contact Auburn Chief William (Bill) Pierson wplerson@aubumwa.gov Kent Renton 8. Indemnification. It is the intent of the participating cities to provide services without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with this agreement that are brought against the cities. To this end, the participating cities agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating cities, each city shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which city or employee the action is taken against or which city or employee is ultimately responsible for the conduct. The cities shall share equally regardless of the number of cities named in the lawsuit or claim or the number of employees from each city named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through E below. a. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any city employee for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or city. Payment of any award for punitive damages shall be the sole responsibility of the person or city that employs the person against whom such award is rendered. b. Collective Representation and Defense. The cities may retain joint legal counsel to collectively represent and defend the cities in any legal action. Those cities retaining joint counsel shall share equally the costs of such representation or defense. In the event a city AGENDA ITEM # 7. a) Joint Funding MOU Page 4 of 7 does not agree to joint representation, the city shall be solely responsible for all attorneys' fees accrued by its individual representation or defense. The cities and their respective defense counsel shall make a good faith attempt to cooperate with other participating cities by, including but not limited to, providing all documentation requested, and making their employees available for depositions, discovery, settlement conferences, strategy meetings, and trial. c. Removal from Lawsuit. In the event a city or employee is successful in withdrawing or removing the city or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the city shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit. d. Settlement Process. It is the intent of this Agreement that the cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual city shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all cities agree with the terms of the settlement. Any settlement made by an individual city without the agreement of the remaining cities, when required, shall not relieve the settling city from paying an equal share of any final settlement or award. e. Insurance. The failure of any insurance carrier or self -insured pooling organization to agree to or follow the terms of this section shall not relieve any individual city from its obligations under this Agreement. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington, solely for the purposes of this indemnification, for claims of any type brought by any City agent or employee against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9. Insurance. Each City shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 00 per occurrence/aggregate for personal injury and property damage. In the event that a City is a member of a pool of self -insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater that required of non -self insurance pool member Cities. 10. Oversight Committee. This Agreement shall be managed by an Oversight Committee made up of one representative of each City. The representative of each City shall be designated in section 7 of this Agreement. The Oversight Committee shall meet at least annually to discuss the terms of the Agreement and manage the services provided pursuant to the Agreement. I I . Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand AGENDA ITEM # 7. a) Joint Funding MOU Page 5 of 7 and agree that venue shall be exclusively in King County Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 12. Signed Counterparts. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this day of , 20_. AGENDA ITEM # 7. a) Joint Funding MOU Page 6 of 7 CITY OF AUBURN By: Title: Date: Attest: CITY OF KENT By: Title: Date: Attest: CITY OF RENTON By: Title: Date: Attest: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney AGENDA ITEM # 7. a) Joint Funding MOU Page 7 of 7 EXHIBIT A to Memorandum of Understanding (MOU) between the Valley Cities Association for planning, funding, and implementation of joint funding program. CALENDAR YEAR 2019 Name of Agency Participating Cities & Tentative Funding MCA of Greater Seattle - Auburn - Lead City - $30,000 Alive & Free Program Kent - $30,000 Renton - $60,000 TOTAL - $120,000 AGENDA ITEM # 7. b) CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL POLICIES 800-01 THROUGH 800-13. WHEREAS, the Council desires to update, revise, and modernize its policies to reflect current practices, updated legal requirements and/or improved efficiencies, and to clarify administrative matters, including contract approval authority, which the Council delegates to the Mayor and/or defers to the Mayor's role to supervise the administrative affairs of the City in order to maintain an efficiently operated government; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Council hereby amends the following City of Renton Policies & Procedures to read as attached hereto and incorporated herein as if fully set forth: 800-01 Council President and Pro Tempore; 800-02 Meetings of the City Council; 800-03 Agenda Order of Business and Approval of Council Meeting Minutes; 800-04 Council Correspondence; 800-05 Committees of the Council; 800-06 Rules of Debate, Decorum, Voting Requirements and Procedures; 800-07 Legislative Ordinances and Resolutions; 800-08 Lobbying by a Councilmember; 800-09 City Council Requests for Staff Assistance; 800-10 Filling Council Vacancies; 800-11 Council EMail; 800-12 Contracting Authority; and 800-13 Remote Attendance at Council Meetings. 1 AGENDA ITEM # 7. b) RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of 12018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney RES:1789:12/3/18:scr Denis Law, Mayor 2 AGENDA ITEM # 7, c) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-8-120 OF THE RENTON MUNICIPAL CODE, AMENDING SUBMITTAL REQUIREMENTS SPECIFIC TO APPLICATION TYPE, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 25, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 6, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; and WHEREAS, the Council considered both this ordinance and Ordinance No. 5907 on the same day. The definitions of "Lot Line Adjustment Map" in RMC 4-8-120.D.12 and "Short Plat or Binding Site Plan Map" in RMC 4-8-120.D.19 appear in both this ordinance and Ordinance No. 5907 and the City intentionally showed the same amendments to those definitions in both ordinances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. 1 AGENDA ITEM # 7. c) SECTION II. Section 4-8-120 of the Renton Municipal Code is amended as shown on Attachment A. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of 12018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2043:12/4/18:scr 2 Denis Law, Mayor AGENDA ITEM # 7. c) O z W u z Q z 0 d' Eo H z CW C U a c O c a) w 4- O u c a, L u N -I t ti4 7 O L 4- CI00 u w c 4- U v Q N Ln a, a, c O +- co U Q Q m cr aj L c CQ C O U U (O ME `-J a, t 41 a v E O a, m E 0 v ai .n v �i A r 0 N c aJ v v m E aj d c O U aj vn to C Co m 0 fV r- 00 v (O VW vi c v E v a v LN 4+ E v a aJ c J u O fV ry 00 4 a, f0 LA M N yl Q rl N Z W y J V t 3 _ Q >> a Q N Y mu £I c 'a L y a LL C _I O 7 � a 0 u XI H OC W LL a Oz z W O a Q U J a a Q Id H O Q W O 3 Q k W 1= J ma m �cy `O AGENDA ITEM # 7. c) O z w U z a z 0 0 Q O y U a I c .+ a L as O I I � � c+A cMi ryr Mi r'U Mi � uoil ` H � a 0 i xl I I a � O M o r Sl a � I I I I � s� C c ` y f0 a L6 I xi I I c 0 u aE c o u° XI XI x co x. xi m XI X xi m H � c OC c �o u+ a co O a ,� 0\ Z L Q m `-' C v• C g y E ui a O LL a El c u ci o c a� a C = Q Q. N�1 I Q Uo y QE L O O Q �_ to .6 Z Z Q H +' U; u O a E to E 0 0 W Q o a a� 3 W u u a c �, a, v v ^: = o a, v, c� J J m 00 ,. v U° �f m u� N E as o �', E ^ c' u w c' o M °� ^+ a Q u o > m m 2 c a oC m �n U UI LL U w LL C7 c'n � TT C0 z w 2 U a AGENDA ITEM # 7, c) a � � Q O u a I I I I 00 Q a a O 1 x1i I II I I M M) m m MI I rhl nn rs ai E I a) a 0 I I I I I I ai � W Y O ° > xi I I I vtA s t E u C L y M a U. I I I I I I C gO t .Jp�• L E L Y ai x x x1 u° CO I x1 XI CO rM rt W LLI LL Q O a O c E a L UJOazCcC. a a ° (A Z ~ owu o c EIA Q O Wcu Q E Y JLT C— Qaa+j a, 3NaoC ~V bD u ai O W � tmn U -p° J r U(uJ E a 'ncr O > aJ Q a Of Q r° L IU ucc L 3 Q O N 00 'cl- U a) C Ln Q H Z w u Q AGENDA ITEM # 7, c) O z w U z a z 0 O W M L •�d Z. L Q ° a u Cr W 66 d O z Z W O a — Q u J a a a Z Q W 3Q �W D a ca H Q LU a � a1 w u C 3 c m a, L Q aj .T Y N fC Y aJ CL v CL � L � m Q C L C u O ? C O O O CL C. Y C 4 0 3 'm Y Ci Ca Y O f0 Q O � a c a N fa 0 C L L al O aJ in ��voa, _ a W T C1 C C m a L p Y^ m u m Y a1 H .V1 L u m al O rn y L `L } a o :t c 3 L E L v a T 0 3 W aci y -o > v tC > 6 N v "O •C aJ N N E C oc oc G y O I z w U a AGENDA ITEM $7. C m 0 q � & m � m od ck§�i° 2 2 2 G tn a 7 0. � T b w §' o E E E k 0 _ ■ m E' = oo 2 a E � 2 R 0 m$ 2� \ / 0 M o m � 0 w 2 -ld r K m a / f j k § § � � 3 2 � § � � z §o p: � a u LU � 2 a z kn LU u I ■ m kcy $ LU 0: A A A ƒ xi xi � � � X1 m r xi ƒ xi ƒ xi ƒ A A ? un / / @ 0 - cu o _ 2 _ - \\ \ \ d7 CQaji \ � 2 { E \\\/ .� E E E k 5 8 0 0 LUa _a 2 CG ± - f 5 k 2 Cƒ§ / /t Q R§ t® U/ 5 3< ' k } \ \ \ 7 \ �� u _ \ ) < M < < ƒ 3 2 § a < < < a < AGENDA ITEM # 7. c) O z W U Z a Z 0 CL' O pp •- — L O in LL LL c x 2 c cL o c Z G E m O C Op N V1 V J f C7 0 Z Q u v c m a m N a u c t � xi xi XI P}� E Y 41 4+ xi Pill ul1 Pjll Pill et+l rNl uAI r1+, 9! PXi+ PXi+� 41 gI Ni XXI XI oO c `—�° c Y c c a_ Y V V '� C LAfl. v t c O C u T_v u cC Y C O O C m u O c C a OOC a -0 `° C c tC9 a C i •O CL �. A �, C cv u do GD of Y �,,, ` y L m m •` tw Q) tip 'C) y C C r A b c c ,r E- L v O y O> O Ql i Q) C O C Q1 O Q1 sue. CO 0 u D u D 0 0 W W Z W w LL U C7 Ur 00 a Z W U a AGENDA ITEM $7. C $CL § boa§ I�z2 E U. 0 G � a 7 0 -0i Ec � _ ■ E o o LL E k § t 227z2 2 M m� � � ■ � O % 2 Mcj � � 0 2 2� E % j! m ■ § � m m � I \ § 0 z 0 § a u LU � 2 a a z ¢ § � � ui CO cr K ui X A xi xi o � A ? 1 A r xi A � � � A A A � xi 0 A A 0 A A / / / / { 4 @ ° �. @ = 1 2 r o ( .0 0 \ \ § S �_ ( k • # # \ 7 E _ & _m ®75 / § _ / ƒ a y A { / E \ _ _k t E cL»® �± E E E § E\ u / 8§ c y E w� \" 8 E / u $& \ o` m - G % u 2@ w 2 _ #/ � # @ u - \e# � mƒ= c\ k\/\ Q 2 \ f A _ �< % u� 2 k AGENDA ITEM # 7. c) '£ 3 E a`, E �+ L LZ c x a c IVa O Z Q E LL O C Ca 'vf m a N O O a m m a a O — u E r0 3 c 'cc ,m s E a -a 3 E Z a � u v'ao d Y Z m 0 p m a U C E C 0 z M o m _ a Z a 'a L L y C id O .a ; L o 3 E C = C O m C m C O 6 E c LL o O a u W a a a Q H J F l7 O Z Q LL O u C Co Q CO H LL C9 �I L cXyl� XI Mri xi xi 41 �I �I C X X N M) E ry Nfl MXi upl MXiI MXiI �I �I c O 41 LA a C O m u C w c p }; O y 0 u G - d 'A a .` u a = a E r 0 w a O Q u C tac19 m u `_ m v � n dA C a u a LL U- "a to 'p +� .Y C N C p. E «� a C E m �I ` 0 C u p E C ao a. qp U E p a m '+� U p t]a C to C a`) a is U v c a a C `a U c in C in C ani Y a c aa_ N a 3 a a !� E a�i u aCi a E � E cn a a co C a a a a a a p u a �n m cu H N U a C•. C< W w t {n ii u7 Ln v1 I CA AGENDA ITEM $7. C 6 2 q 2 « 2 3 f ■ � i � o d 7 § 2 E 2 2 I z � � 2 a a z ui § � � ui -A CO 0.L m § ■ xi xi � A � 2 OD 2 � A � � A � � m A ƒ � ƒ -H CL A � A � A 2 � A A � r xi \ / cc` -0 c J a) \ § n _0% 2 E e . E $ \ ° 2 S 0 {/ \ E� ƒ R t E Q ( $ _ ® © 0 { f ®_ & / k \ > ƒ \ t k m2 © k 5 c m 0 « g # q & cu a) 2 / \ \ ma \ \ / c \ 00 r-4 / R 2 k M: U « E AGENDA ITEM # 7, c) L ao 5 E a, c i'n LL2 m c 11 Z U. O W � a a o. Q H � Q W O C Q �u ui hoc m a m N cy Q W c O a1 W c m L u io u .0 (1 Q aj w H P c O C a) E t L m v a) U v tA a, v cr r-- OD C O v x aJ a v aJ M Q a r tib C =6 v a a, c O E 7 E 0 LL Y H u aJ 'o 0. w 7 E 0 Qj v cr a) L 0 Z E C on ,n c 0 c vo-o•E L m aU N L Y 0 0 0 O N C a) aJ LA C O O rr 'fO O (1 +' t C L O O N EL a) 'd Y M O m E 0 aj VI Y 0 v N m c O C u N T L Y — V m 3 0 H 3 Q m LA aj •` a, m O s O E — io > > m c 0 v 0 3 O m N O o o U C ,n o o 0 'Y d N 7 t mu Ln cc 4! C O i) U U O Y O — aui O to CA o v o IA a-o�c m Y O t c 0 cr a, c 3 0 y O — Q1 mCU 3 'a u c y O a1 N U n a a, v B a, > c fl 0 O 0 u m v v O In a L Y C C '3 oo :E o c w E O N O w cu Q L Y m N O E a 3 AGENDA ITEM # 7. c) ci z W u z Q z a: O v 'E '� 0 0 'mE C5C V1 L N Q' x � C a C O f0 u O O w vl �' Z Q ` E m O LL Y d C w x VI w m a w c m 00 a a c w \ 0 R ` 'C 0 .p Y c d IA .i 0 wE w o c v s u � T m C w L f0 ` C O 0L6 O O LW E E c z v Q m w 0 g u + c L Y � c v w M w 10 w x c 61 ` m u u a —_ w w Y 7 w 3 E C E C 0 L aj Y x° E w d d O_ CU L 5 m 'w Y u u 0.4 °� m E m 0 O 7 0 3 E m _ m = Ln O O CL — m w ,n \ N O L � M 7 O U C T O m y C �_: N L O >- O E L u C w O G v y c cu z LA H N LL O += C CC c O u _m W Q C w fl. d W bb J �a0. C = n CL a 3 v s -0 Y {n O. C7 O aQ Z ZA x w W w O C Q J u c~ C= 3 Oo fu0 m a N yvJ LL LL u , Ln E w M Q z CW G u Q AGENDA ITEM # 7. c) O Z w U Z Q Z_ 0 cc O Lw: U O N 0o 4 W J co Q H JanleM a3uelJep 61IwJad asn Ajejodwal llwJad lepadS 31wJad IIaJ PLUS Malnaa veld a31S ueld ails Ru1PU18/leu1j 'geld Wo4S AieulwllaJd 'leld :PO4S awelaen aullaJ04S MwJad asn leuolllpuo:) 9ullaJ04S M Jad luawdolanaa lelluelsgnS aullaJo4S uolldwax3 aullaJ04S llwJad luawaReueW uollelaSan oullnoa auozaa leU1j 'and Aieu1w11aad 'and veld al1S 2u1PU19/Ajeu1w118Jd 'geld IeU1j 'leld lsanbaa aleujalld/uolle3l}lpoW 1eu13'lied awoH allgoW Ajeu1w118Jd'lied awoH allgoW (sase4d lenpinlpul) Ueld al1S jalseW (Ilejanp) ueld allS jalseW luawlsn(pb aull lol (lel:)adS) llwaad 111A Pue apeJE) (pafoiduoN) Malnaa lelu8wuo.nAu3 Malnaa lelu8wuonAu3 llwJad eaJd 1eMIK) Paulwex3 8uPeaH) llwJad asn leuolllpuo7 (8A1leJjS1U1WPV) llwJad asn leuolllPuoJ luawpuawd lxal deW veld •dwo:) auozaa/luawpuawd deW ueld •dwo:) Tuolledm30 awoH.1o; asua:)ll ssaulsne leaddd (uo131lad %09) uollexauub (lualul 10 a311oN %Oi) uollexauub *uJad slewlub leuo131PPd Z LL O O a u o�c J W a a a Q N N F— ,WOLU � H g a ct Q 4A LU w 41 41 �I �I �I �I �I �I nx+i �1 �I I �I �I �I I xl �I �I �i xl XI v o C c 0 u Z o-0`0 r-1 O Qo C O _ ai 0 c O o n E Q O Q u- 0 a m Co u O ._ = a cm C O C C _O m 0 M m f0 E `� Q C C u m 0 1v CL m O OLD u O ._ a s C O C m 0 Y Y m fO L m Q C Vi O z Lu U z Q z 0 O aaAIeM a3uelJen 61!wJad ash Ajeaodwal ;!woad lepadS 3!wJ8d 1183 IIewS MBIAaa veld allS veld 831S 2U!PU1S/1eu!3'1e1d 3Wo4S Aieu!wllaid'leld ZJ04S 03uelJeA 8u11aJ04S 3!wJ8d ash Ieuo1;lpuo:) au1I8J04S ;!woad ;uawdolanaa 1e13uejsgnS au1laJ04S uol;dw8x3 aullaJ04S 3!waad 1uaw83eue!A! u01ieia8an au!;noa auozaa 1eU13'and Ajeulw'Wd 'and ueld a;lS 2u1pU18/AJeu1w118Jd 'leld 1eU13 '3eld ;sanbaa ajeuja31d/uol;e30!poW leu13'IJed awoH allgollll Aieu1w11aJd'lied awoH allgoW (sase4d lenpinlpu!) ueld 9j!S ja;selN (IleianO) ueld ailS aa;seW ;uawlsnfpd aull jol (Ieload5) i!waad 1113 Pue apeJa (13efoiduoN) Malnaa le;uai,uuoJIAu3 nnalnaa leJUBWuoJIAu3 M=8d eaJd 1e311K) Paulwex3 RuPeaH) l!wJad ash leuol3lpuo:) (an!jeJislu!wptl);!woad ash leuolllpuo:) ;uawpuawd;xal deyy ueld •dwo:) auozaa/;uawpuawd deW ueld •dwo:) iuoijedn»O awoH ao; 8su8311 ssau!sng leaddd (uol;!;ad %09) uol;exauud (;ua;ul 10 a313oN %Oi) uol;exauud 31wJad slewlud leuoij1ppV z LA. o uj V } W f• J a a a a N W z H J z a � O cW � Zu C LU moc g a vim+ cr LU a AGENDA ITEM # 7. c) mmmoimmoom mmmommom mmmommoom mmmommom MEMBEEMEM mmmommon mmmmommom mommomom mommommom mmmmommi mmmommom mmmommoom mmmmmomm mommommom mmmomom mmmmommom mmmommom mmmmommom MOMMENE MEMBOOMME mmmommoom mommomom mmmommoom mommomm mmmmommom ommom �ii -i■ =mommommom MMMEMEMEM mmmommoom mmoommomm mmmommomm 10 In Ln Q H z w 2 U Q AGENDA ITEM # 7. c) O z w U z Q z 0 z O aanleM a3uelJen 6;lwJad ash Ajejodwal llwJad lepadS *uJad IlaD PLUS nnalnaa veld allS veld allS BU!pUIS/leu13'leld VO4S AJeulwllaJd'leld VO4S 83uelJen aullaJo4S lluuad ash leuoll!puo:) aullaJ04S ;lwJad luawdolana(3 le1;ue;sgn5 aullaJ04S uol;dw3x3 aullaJ04S ;lwAad ;u8w83eueW uol;e;83an aullnoa auozaa 1eU13 'and AJeulwllaJd 'and ueld al!S gulping/AieulwllaJd 'leld leul3 'geld ;sanbaa a;euja;lV/uol;e3!}lpoUy leu13')IJed awoH allgoW AJeulwllaJd'lJed awoH allgoW (sase4d Ienp!nlpUI) Ueld al!S JalseW (IleJanp) veld aMS JalseW ;uaw;snfpV oull ;o, (lepadS) llwJad IN pue opejE) (13a(oiduoN) nnalnaa le;uawuonnu3 Malnaa le;uawuoJlnu3 MwJad eajV le3!3!jJ (jaulwex3 SuljeaH);IwJad asa leuol3lpuo:) (an!le.j;slulwpd) 3!wJad ash leuol;lpuo:) 3uawpuawV;xa1 deW ueld •dwo:) auozaa/;uawpuawV deW ueld •dwo:) ,uol;edn330 awoH jol asue3il ssoulsng leaddV (uoll!lad %09) uollexauuV (;ua;ul }o a3l;oN %01) uol;exauuV ;lwJad slewluV leuoll!ppV z LL O �_ Wacc a c� W J a a a Q IA Z H Z vWi O LU Z uLU gco CL a vDicr LLI Ix 7 mmommmm�mmonommmmumm O z w U z Q z 0 o: O aanleM a3uelJeA ,MwJad ash Ajeiodwal ilwaad lepodS *uJad I1a3 IIeLuS M81ABIJ ueld ailS veld ails Bulpulg/leU13'ield iao4S AjeUlw!la-Ad'ield ZJ04S aOuelJen aullaJ045 ilwJad ash leuol;lpuo:) au113a04S ;lwJad;uawdolanaa lel;ue;sgnS 8ullaa04S uolidwax3 aullaao4S ilwJad ivawaReueW u011e38gan aulinoa auozaa leUl3 'and AieulwllaJd 'and ueld ailS 2uipulg/Ajeu1w11aJd 'field leU13 'field isanbaa a;euaaild/uolieo4lpoW 1eu13'jJed awoH allgoW AjeulwllaJd' lied awoH al!goW (sase4d IenplAIpul) Ueld ails Ja;seW (IleJanO) ueld ails Ja;seW ivawisn(pb oull iol (leloads) i!wJad IN pue apeig (33afaduoN) MOIAaa le;uawuoalnu3 M8lna)j leivawuoJlnu3 ilw,11ad eajd leapp:) (jaulwex3 9uljeaH) ilwJad asn leuolilpuo:) (anlieJis!ulwpb);lwaad ash leuolilpuo:) ;uawpuawd;xal delM ueld •dwo:) auozaa/ivawpuawb deal ueld •dwo:) iuoliednaao awoH jo; asua3111 ssau!sng leaddd (uo!iliad %09) uoliexauub (iva;ul }o aMON %OT) uoliexauud MwJad slew!ud leuolilppd z LL O Cam_ W Q C a {.iW � a a a a H z � z N OLU Z LU j g a m a H u w AGENDA ITEM # 7. c) i �+I Ml NI rl+l I xi ry�I .i+l d i+l X�l uxAl {+'1 I dl ulx►I X�1 ryr�� .-HI c} rNl�1 x�l � �txl dl I xi c� 3 X�1 N,1 cy� 31 xi XI xi X1 X�I NI x1 WXiI dl 31 d 3I 11 XO1 c1N+l uxAl dl .-NI d rl+lrNl xi I dl xi I xi �xAfl dl ry� �1 d I id i N1 �I x�l aXl d xi N1 NI dl I Ni 'f+ I x�l � ulxfl 41 cF xxi NI N1 X1 XI XI xi 1 xi xi Nx�l dl rHl I •i+l Nl Nl rxi �I d M� I NI NI dl Nxil dl d rNl N1 N1 �I XI �I+1 d 1 3 W NI I xMl dl d .-HI iA i Ni �I �l Nl dl rHi d �1 Ni Ni .++1 dl x�l d �I d �+I xMl NI rNl I �1 I rxNl rxNl rxuI I I I I I N C > Gl ' in c$o > m O C U m m t' CL Gl m � L a ,� C > W � (.J C G! E o > W v L O a c=i > o U tw ^ a W Ou cuCL 0 U Q1 y LA rormi w .�Q a W 0U a, f° c a CL m m 'a O LL AGENDA ITEM # 7. c) O z LU V z Q z_ O JaAleM a3ueljen 6l!wJad asn Ajejodwal MwJad lepadS *uJad Ila7 IIeLuS Malnaa ueld al!S ueld al!S gulPule/1eU13'leld IJ04S AjeulwllaJd 'leld :POLIS aoueljen aullaJoyS l!wJad asn leuoll!puo:) aullaJoyS llwJad luawdolanaa IelluelsgnS aullaJoyS uolldwax3 aullaJOLIS llwJad luawageueW uollelagan aullnoa auozaa leUl3 `and AieulwllaJd '(3nd ueld al!S gulPule/AaeulwllaJd 'leld leU13 'geld lsanbaa aleujalld/uolle0ljlpoW leUl3'lied awoH allgoW AieulwllaJd'lied awOH allgoW (saseyd lenp!AIPul) Ueld al!S jalseW (IlejanO) ueld al!S jalseW ivawisnfpd aull lol (Iel:)adS) llwJad IN Pue ape.'g (laaloiduON) Malnaa IeluawuoJIAu3 MOIAaa IeluawuoJIAu3 l!wJad eajV le011!jJ (.iaulwex3 SupeaH) l!wJad asn leuo!llpuo:) (an1le.1ls1u1wPV) llwJad asn leuoll!puo:) luawpuawd lxal deVy veld •dwo:) auozaa/luawpuawd deVy veld •dwo:) tuollednmo awOH Jo; asua3li ssaulsng leaddb (uollllad %09) uollexauud (lualul 10 aOIION %OT) uollexauud llwJad slewlud leuo!l!PPV z L. O O a u J W a a a Q 4A W z H z of O Lu Zu �9W5 ga Q vOicr cc xgl xi 3I xi x�l MI 3 xl x;l xI 'I XI xi xil �I c3ii ail xl xl 3 3I xl �►i uxfll 3I xl xMl xI i+l XI xl w �gI 1 3 xi 3 xl xi XI xl xl xl xl 3I 3I xi xl xi xl Ln Ln xi X1 3 XI i+ 3 xl xl xi xi 0 cx9i1 3I xl xl I x rlil xl �1 �I XI xi xl x�l r1+1 3I xl XI xi X�I X91 al X3 3 xi <l xi h H m d L O LL +� aaii cr U_ C s U N O U 7 u o U m G. C7 O °1 mis v 0 m d C m U O +' 0 r M = c a) E w ++ a`� ;° Y a) j E O v -p pa L m N m _ L v in :L- C !n ao m c u Ln 3 x E O E U_ 0 Y H N r ++ > 'u 3 w � .n m u O- d c mLO aj m `.t L a c CU c c C O a1 a) +. L E u Li- M c c Ln O al u Q W 00 Q H z w 2 U Q Q JanleM aouelaen 61IwJad asn Ajejodwal MwJad lepadS MwJad I183 IIewS Malnaa ueld 8MS ueld a31S gulpul9/leUl3 'geld IJ04S AjeulwllaJd 1jeld Wo4S a3ueljen 8u118J04S MwJad asn leuol;lpuo:) aullaJ04S MwJad luawdolanaa lel;ue;sgnS aul18J045 uol;dw8x3 au11aJo4S Mwaad ;uawageueW uol;e;agan oul;noa auozaa leUl3 'and A.ieulwpaJd und ueld a;lS 2ulPule/Ajeulwl1aJd `field leUl3 13eld ;sanbaa ajeuja;ld/uol;e3l;lpoVy 1eu13'lied awOH allgoW AieulwllaJd'lied awoH allgoW (sase4d lenpinlpul) Ueld a3IS ja;seW (IleaanO) ueld a;lS jalseW ;uaw;snfpd oull ;ol (lepadS) ilwaad 1111 Pue apeJ!E) (;oaloiduON) nnalnaa leluawuoalnu3 Malnaa le;uawuoJlnu3 *UJad eaJd leDRIK) (aaulwex3 OulJeON) *uJad asn leuol;lpuo:) (8n1;e.J3s1u1wPb) MUJJad asn leuolllpuo:) ;uawpuawb;xal deW ueld -dwo:) auozaa/luawpuawd delM veld •dwo:) iuol;edn»O awoH io; asua3il ssoulsng leaddd (uollllad %09) uol;exauud (Iu33ul 10 8311ON %Oi) uol;exauud MwJad slewlud leuol;lPPt/ 11 z L6o� W a a u W � a a a a H W z H Q z tA 3 aLU W g C m Q v=i W w AGENDA ITEM # 7. c) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I xi I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i xi xi I I I I I I I I I I I I I I I I I I I I I I I I I I I I m C O y C O U ; 7 O N v °C u 4= �a v C N v oC O O m rn Q N Z W 2 U Q AGENDA ITEM # 7. c) aaAleM a3uelJeq 61!wJ9d asn Ajejodwal Mwaad Ieload5 ;IwJad Ila3 IIeWS Malnaa veld al!S veld al!Sgulpule/1eU13'le1d PO4S Aieu!wllaJd 'leld :PO4S aDueljen aullaJ04S *uJad asn leuo!3!puo:) aullaJ04S *uJad;uawdolanaa lelluelsgnS aullaJ04S uolldw8x3 aullaJ04S WuJad luawageueW uollelagaA aullnoa auozaa 1eU13 'and AieulwllaWand ueld allS 2u1PU18/Ajeu1w11aJd 'leld 1eU13 'leld lsanbaa aleujalld/uolle3iRpoW 1eu13 'lied awoH allgoW Aieulwllaad'lied awoH al!goW (sase4d lenp!nlpul) ueld al!S jalseW (IlejanO) ueld aMS JalseW luawlsnfpb oun lo, (lel:)adS) llwJad 1113 Pue apeJE) (13afoiduoN) Malnaa leluawuoJIAu3 Malnaa leluawuoalAu3 MwJad eaJb le31314) (J8ulwex3 SuUeaH) 31wJad asn Ieuo,iipuo:) (anlleJlslulwPV) Mw-Jad asn leuomPu03 luawpuawd lxaj deal veld •dwo:) auozaa/luawpuawd deal veld •dwo:) Tuopednmo awoH jol asuaalj ssoulsng leaddd (uoRRad %09) uollexauud (lualul }o WRON %01) uollexauud 31wJad slewlud leuoll!PPV Z LL O O d u cc J W a a a Q W Z H J Z O LU Zu cc cc ga Q v�icr o: mmmmoomm mmmmmomig mmmmoomm mmmmammig mmmmoomm MEMMOMMA ommmommia mmmmommig mmmmomms mmmmomms mmmmoomm mmmmomm" mmmmomma mmmmomms mmmmommo mmmmomms mmmmomms MMMMORME MMMMEMME mmmmomm mommommia mmmmoomm MEMMOMMA mmmmomm MMMMOMMS mmmmoomm mmmmoomm mmmmmomm 11001101 MOMMINER MMMMEMME mmmmmomm mmmmmomm mmmmmom ommmoom mmmmommig Ln Ln cu JanleM aauelJeA 63!WJad ash Aieiodwal ;!woad lepadS VWJad Ila3 IIeWS MalAaa veld allS ueld al!S gu!pu!9/1eU13'ield W04S AieulwllaJd 'leld Wo4S a3ueljeA aullaa04S l!wJad ash leuoll!puo:) 8ullaJ04S llwaad luawdolanaa le!luelsgnS au►18J045 uolldwax3 aullaJ045 ;Iw-lad luawageueW uollelagaA aullnoa auozaa leUl3 'and AjeulwllaJd 'and ueld allS 2uipu!8/Ajeulwll8Jd 'leld leUl3 'field Isanbaa aleuialld/uolle3ljlpoW leu13'lied awoH al!goW Aaeu!wllaJd `Ted awoH al!goW (sase4d lenpin!PuI) Ueld allS jalseW (llejanO) ueld al!S jalseW luawlsnfpd auil lol (lepadS);Iwaad II!3 Pue apejg (13afoiduON) M81Aaa IeluawuoJIAu3 MBIAaa IeluawuoJIAu3 l!wJad eaad leJll!a:) (jaulweM guljeaH) llwaad asa Ieuoll!puo:) (anlle.jlslulwpd) I!waad ash Ieuoll!puo:) luawpuawd Ixal dew veld •dwo:) auozaa/luawpuawd dew veld •dwo:) Tuollednno aWOH Jo; OSua311 ssaulsna leaddb (uollllad %09) uollexauub (lualul 10 831ION %01) uollexauub MWJad slewlud IeuoIIIPPd z LL O u = ui a a a a N W z � Q z ,n O LU zu LU mcc gQ L4LU cc AGENDA ITEM # 7. c) xl un uxhl �m xl un uXh uXh� xi un nx+� y 0 a d C CLO O e.72 'o toil U u O L � E *' O J= L C 3 p y C. n E O µ. L 41 J v n u c a O¢ L L `- C v E u `° o� W y a-1 .� L ( 'y U F' J V1 W r y u m 3 7 A 00 C. O t > v' 3 co c v c fl. G1 '�j m x t _ -p w G! o y L d a al E\ N O L J U F- U ab C rn L c A � ,- u O L p O `J G1 J C�J f° ¢ cu X " C d¢ c �, c 41 ¢ 0 m w t O tA- 3 O J O m ro 61 E CA < ¢ d o AGENDA ITEM # 7. c) O z w U z Q z 0 cc O JaAleM a3ueljeA 61lwJad asn Ajejodwal ilwaad lepad5 ilwJad Ilan IlewS MBIAaa ueld ailS veld aMS 2u1pu19/leU13 'field iWo4S AJeulwlla.Jd 'field iJo4S a3uelJen aullaJo4S ilwJad asn leuolilpuo:) aullaJo4S ilwJad ivawdolana(3 IeliueisgnS aulla.'o4S uolidwax3 au118Jo4S ilwJad ivawageueW uolieiOBM aulinoa auozaa 1eU13 'and Ajeulwlla.1d 'and ueld ailS Sulpuiq/AjeulwllaJd 'ield leUl3 'field isanbaa aieujaild/uolie3l;lpoW leUl3')Ped awoH allgoW AieulwllaJd Ved awoH allgoW (s8se4d lenpinlPul) Ueld ailS jaiseW (IlejanO) ueld ailS jaiseW ivawisnlpd oull iol (lel3adS) ilwJad IN Pue apeJg (:pa(oiduoN) MalAaa Ieiu8wuonAu3 Malnaa leivawuoJIAu3 ilwJad east/ Ie3111K) (Jaulwex3 SuPeaH) ilwJad asn leuolilpuo:) (anliejislulwpv) ilwJad asn leuolilPuo:) ivawpuawd ixal deW ueld •dwo:) auozaa/ivawpuawd deW ueld •dwo:) luoliedmmO awoH COI asu8311 ssoulsng leaddb (uoliliad %09) uoliexauud (ivaiul Jo 8311oN %Oi) uoliexauud ilwJad slewlub leuohlppt/ z LL O H u Lu a J W a a a LA "S � z u LU w ga ¢ ,MWC7 o: O z w u z Q z z O JanleM a3ueljen 61!waad ash Aieiodwal MwJad lehadS ilwJad Ilan IIeWS MOIAaa ueld aMS veld aMS RulPUIS/leU13 'leld VOLTS AieulwllaWleld VOLIS a3uelJen aull8JO4S l!wJad ash leuol;IPuo:) aullaJoyS MwJad;uawdolanaa IelluelsgnS aullaJoyS uolldw8x3 aullaaoyS l!wJad luawageueW uollelaBaA augnoa auozaa 1eUm 'and A.ieulwllaJd 'and ueld al!S gulPuig/AieulwllaJd 'leld leUl3 'field lsanbaa aleujalld/uolle3I}IpoW leUld'Ved awoH al!goW AieulwllaJd'lJed awoH allgoW (saseyd lenp!AIPuI) ueld 93IS JalseW (IleJanO) ueld allS Ja;seW luawlsnfpd au1l lol (IehadS) *u. ad IN Pue apeJ!D (13afojduON) MalAa)j IeluawuoJIAu3 MalAaa IeluawuoJIAu3 MwJad eaJd le3ll!J:) (Jaulwex3 gulJeaH) llwJad ash Ieuol3lpuo:) (aAllejlslulwpd) MwJad ash Ieuol;!puo:) luawpuawd lxal delN veld •dwo:) auozaa/luawpuawd devy veld •dwo:) Tuollednmo awoH jo} asua31i ssaulsng leaddy (uol;!lad %09) uo!lexauud (lualul }o aNION %Oi) uollexauud MwJad slewlud leuol;IPPV z L6O� O ui a a Q {A W z H J z W Q P :) Q C u 2 o gQ m IAu cc AGENDA ITEM # 7. c) L Ni nl Ml xl rl+ �xul Nl I Ml xl x�1 xi ry+l uh �N I Nl Nl xi � �I uxl►l � uxAl Ml Nl rl+ cNl xi I �I dl xi xi �I NIl xi Ml Nl I ' I 3 � u X1 I xi xi � 3l 3i 1+ 0 MI I Nl xi r+1 I xi xi N►i � �l � uxh� xl NI `xA►l rH Nxil 'Nl �l Nl 31 Nxil � I I gl I rxlcl I I xi 3 I xl I a o ° o L 3 LA r_ L c cc oo co a; .� 0 d o '= c �tko. c a 4-7CL S T u aJ m bQ N �O 00 " aJ j o j Q 00 ? �+ C c E uo i+ 45 W m " m 0 E bO C J •� m u t"o w c`o cr to H e .0 �• C Z can+ C m E o M7 c Ln O E u CL E U U a, c CL L o mv `1 O O O a O a -i a u a a cn a a` a` a` o a` rn N Q H z uw u Q AGENDA ITEM # 7. c) JaAleM a3ueljen 61IwJad ash Ajejodwal MwJad lepadS *uJad Ilan IIeLuS MalAaa ueld OMS veld a3IS Bulpul9/leUld 'geld 3J04S Aieulwllaad'leld 3ao4S a3uelJen aullaJo4S MwJad ash leu0131puo:) aul18Jo4S *uJad 3uawdolanaa Ie13uelsgnS aullaJ04S uoildwax3 aullaJ04S ilwJad luawaReueW uollelagaA augnoa auozaa leUld 'and Aieulwllaad and ueld aIIS Suipul9/Ajeu1wllaJd 'leld leUiA 13eld lsanbaa aleujallV/uolie341PoW leulj'Mied awoH allgoW AieulwllaJd')lied awoH allgoW (sase4d lenpinlpul) Ueld a3IS jalseW (Ilejanp) ueld a3IS jalseW luowlsn(pV oull lol (IepadS) llwJad IN pue apejE) (339foiduoN) Malnaa IeluawuoJ1Au3 Malnaa IeluawuoJIAu3 llwJad eajV le3lllj:) (J8u1wex3 auPeaH) MwJad asn leuoll!puo:) (anllejlslulwpb) MwJad ash leuol3!Puo:) luawpuawV lxal deW veld •dwo:) auozaa/luawpuawV deW ueld •dwo:) Tuoliedn»p awoH Jo; asu9311 ssaulsnq leaddV (uo13Rad %09) uol3exauuV (lualul 10 a313oN %OT) uollexauuV ilwJad slewluV leuolllppV 11 Z LL O Ouj a a u CC J W a a a Q tn uj Z H J ~ Q Z O � C �C WLU Z N OC ga >> aQ „, L cc EMMMMEMEM MMMMMMMOM ommmmommolm ommmmommom ommmmomon MEMMEMORMS ammmmoom ommmmiummom mmmmmmms ommmmomiumm ommmmoolum ommmmommom EMMMMEMEM ommmmommom ammmmoomm ommmmommom ommmmoom ommmmommom ommmmomm ammmmommom ommmmommom ommmmomon MEMEMEMOSS ommmmoom ommmmommom ommmmommom ommmmoms mmmmmommom IMEME11811 EMMMMEEMME ommmmommom EMMMMEMEME EMMMMENNEE ommmmommom mommmommom O z W U z Q z_ 0 o: O JanleM a3uepen 631=8d ash Ajejodwaj ;IwJad lepadS ilwJad Ilan IlewS MOIAaa ueld 81IS ueld aIIS 9uipu1g/IeUI3 `field lWo4S AieulwllaJd 'field 3.w4S a3uelaen 8ull8a04S ilwaad ash leuolllpuo:) aullaao4S ;IwJad luawdolanaa IelluelsgnS aul18ao4S uolldw8x3 8u118a04S 3lwJ8d luawageueW uolle189aA augnoa auozaa Ieu13'and AjeulwllaJd 'and ueld allS aulPule/AjeulwllaJd 'leld Ieu13 'leld isanbaa aleujalld/uolle3I;IPoW leu13'laed awoH allgolM AieulwllaJd'lied awoH allgoW (sase4d IenPIAIPui) Ueld aIIS jalselAI (IlejanO) ueld allS Ja;seW luawlsnfpd aull lol (lepadS) llwaad IIIA Pue apeaE) (139foiduON) Malnaa IeluawuoJIAu3 MOlnaa IeluawuoalAu3 3lwJ8d eajd le3Illj:) (jaulwex3 BuljeaH) llwJad asn leuolllpuo:) (aAlleJlslulwpd) llwaad ash leuolllpuo:) luawpuawd lxal dew veld •dwo:) auozaa/luawpuawd dew veld •dwo:) Tuolledn»O awoH Jo; asua3l3 ssaulsng leaddd (11JORRad %09) uollexauud (lualul;o aMON %Oi) uollexauud MwJad siewlud IeuolllPPV 11 Z LL C C� W Q C a U LLu J a a a Q Z UJ cn 0 ra CWC G ZU _r ga >�cy a4A LV AGENDA ITEM # 7. c) 5l II cx�1,� xl rn 3I xi 1 xi I xi xi uxil Mxil roV rn a 3I xi xi 3I xi xi �I �I XI xi XI n� y V1 N C3 U 0 a WLi NG C H H C ` •V :t. CJ c0 in a LL CI m — a)� c 0 E ( N O Q Ln Q � w C VI �„� v C O a 0 �+o+O 4, Y"W �' �n Q � f0 m Cl C a CU cu 0v Q C1 (n N w m O X an w N 0 G. C1 toU C a.r° 00Z C a CJ C1 Cya) N (0 E a0+ C1 O kn cr U Ov Y m CJ �+ Ln I Z O in Ln fV Q H z w U Q AGENDA ITEM # 7. c) O z Ill V z Q z_ a O JanleM a3uelJen 63!wJad asn AJeJodwal MwJad lepadS WuJad Ila3 IIetuS MOlnaa ueld al!S veld aMS BU!PUIS/leuld'leld VO4S AJeulwllaJd'leld i104S a3uelJen aullaJ04S MwJad asn leuoll!Puo:) aullaJ04S *uJad luawdolanaa lelluelsgnS aullaJ04S uolldwax3 aullaJ045 MwJad luawaBeueW uollelagan aullnoa auozaa ieuli land AJeu!w!laJd 'and veld al!S gulping/AJeulwllaJd 'geld leulJ 'leld isanbaa aleuJalltl/uolle3g!poW leuld'Ved awoH al!goW AJeu!wllaJd'lJed awoH allgOW (58se4d lenpinlPul) Ueld aMS JalseW (IleJanO) ueld aMS JalseW luawlsnfpd aull lol (Iel:)adS) MwJad 1113 Pue apeJg (13aloJduoN) Malnaa leluawuoJIAu3 nnalnaa leluawuoJIAu3 MwJad eaJb le3!i!J:) (Jaulwex3 BulJeaH) MwJad asn leuolilpuo:) (anlleJislulWPV) MWJad asn leuo!ilpuo:) luawpuawd ixal deW veld •dwo:) auozaa/luowpuowd deW veld •dwo:) Tuolledn330 awoH Jo; asue3il ssaulsng leaddb (uoli!lad %09) uollexauud (lualul }o aNloN %Oi) uollexauub MwJad slewlud leu0il!PPV z LL O Oui a CLu a a a Q W Z H Z in OLu Z CJ oC gQ �c uj dxl XI MI X1 Al x�t xMl MI x�l MI X�I X�I Xl MI xi XI MI x�ll MI � dXIl dl d M xi X�I MI Ict dxI MI Ml �I X�I XI 3I �0<I Ml I 3 Nil d Nxl ml I 3 1 M' x�l xMl MI rNl MI MI 3l MI MI xi CHI Ml �I xi xl dl �l Ml xi xi MI X�I x� MI axl XI MI 4I MI 41 It dl Z1I Ml xi XI Ni Z1I X�I 3l MI x�l xi xl x�l icy xi xl xi xfl XI MI dXIl xMl 3l MI 41 XI MI 31 xi xl 41 MI xxi MI XI MI 41 MI 31 MI xi xi dxl 3MI 41 XI MI X�Il MI Xl MI 41 XI MI x�l Xl MI X1 MI MI c_ m 0 `' 3 v a CL I ir- I w c a>, 0 0W N Q�j ` m tco in a c u io E c 0 c a c mc a a`i v m c c m +� c 0 0 m c Z C7 c o 0 t o o C C c m C 0 0 n Y v a o °J n 0 N m Ln L> �. > C Y � c m N c a c C v ac 0 O u : N c a) m Y += +� " a) m m E •` m m �;• O `41 " Y � L Q) Q a) AGENDA ITEM # 7. c) O z w U z Q z_ O Jan!eM a3ueljeA 631wJad ash Ajeaodwal MwJad lepad5 ;!woad Ilan IIeWS nnalnaa ueld a3lS ueld ajIS gulping/1eu13 13eld Vo4S Aieulwgaad `leld 3Po4S a3ueljeA 8ullaJo4S ;!woad ash leuoijIpuo:) 8ull8J04S llwJad 3uawdolanaa lepue3sgnS 8ull8J045 uolldwax3 aullaJ04S ;lwJad luawageueW uol3elagaA aullnoa auozam 1eU13 `and AJeulwllaJd and ueld 81!S 2ulpul8/AJeulwllaJd `geld leU13 `geld lsanbaa a3ewalld/uol3e3!}lpoW leU!3'lied awoH allgow Aieu!wllaJd `Ted awoH al!gow (sase4d lenpin!puI) Ueld a3lS ja3seW (Ileaanp) ueld aj!S aa3seW 3uawlsn(pd aull jol (lepadS) 3lwa8d IN pue apejE) (33a(oiduoN) Malnaa le3uawualnu3 M81Aaa le3uawualnu3 MwJad eajd le3pIj:) (jaulwex3 lulaeaH) 3lwJad asn leuolllpuo:) (aAIjei3slulwpd) 3!wJad ash leuolllpuo:) 3uawpuawd lxal deW veld •dwo:) auozaa/luawpuawd deW ueld •dwo:) Tuol3ednmo awoH jol asua3ii ssaulsng leaddy (uol313ad %09) uol3exauud (lualul 10 aMON %OT) uollexauud l!wJad slewlud leuolllppd gl gi 91 Al All o Z rn, o tic n C 91 gi v t v a > 3 tn N Q z w xi 2 U Q gi gi Mil rot 11 z U. 0 0 auoc W Ja a ,� a � E H N J ~ � QJ HO uj �_u a Z u o v c ga �c v 0 3 ORDINANCE NO. AGENDA ITEM # 7, c) Table 4-8-120C Legend: 1. This information is required only for those home occupations that will have customer visits, more than six (6) business deliveries per week, or external indication of commercial activity. 2. Level of detail limited to scope listed in RMC 4-9-210.A. 3. Level of detail required may be reduced by Administrator. 4. Not required for amateur radio antennas. 5. Only required for projects requiring a public hearing. 6. Only required for residential projects requesting modification to special development standards in a Centers Residential Demonstration District, RMC 4-3- 120.6.3, or for any development subject to special development standards requiring upper story setbacks in the Center Office Residential (COR) Zone, RMC 4-2-120.I3. 7. Only required for projects requiring review in the Urban Center Design Overlay District. 8. A standard stream or lake study is required for any application proposals provided, that an individual single family residence on a parcel less than twenty thousand (20,000) square feet shall not be subject to this requirement. A supplemental stream or lake study is also required if an unclassified stream is involved, or if there are proposed alterations of the water body or buffer, as identified in the standard stream or lake study. If substantial impacts to the existing vegetation within the buffer required by RMC 4-3-090.D.7.a, Shoreline ATTACHMENT A - 28 AGENDA ITEM # 7. c) ORDINANCE NO. Bulk Standards, or as modified under RMC 4-3-090_F_1, Vegetation Conservation, are identified in the standard stream or lake study, a supplemental stream or lake study may be required by the Community and Economic Development Administrator. A stream or lake mitigation plan will be required prior to final approval for any plans or permits that result in mitigation identified in the supplemental stream or lake study. 9. The only submittal requirements required for Tier I Temporary Use Permit are Master Application, Site Plan, and King County Health Department Approval. 10. Only that portion of the agreement relating to removal upon discontinuation of use is required for amateur radio antennas. 11. Submission of an affidavit and photograph of an installed public outreach sign and/or neighborhood meeting materials is only required for site plan review if the sign and/or neighborhood meeting is required per RMC 4-8-090, Public Notice Requirements. D. DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING, PLANNING AND PUBLIC WORKS PERMIT APPLICATIONS: 1. Definitions A: Affidavit of Installation of Public Information Sign: A notarized statement signed by the applicant of applicant's representative attesting that the required public information sign(s) has been installed in accordance with City Code requirements. ATTACHMENT A - 29 AGENDA ITEM # 7, c) ORDINANCE NO. Annexation, Ten Percent (10%) Notice of Intent: A petition form, supplied by the City, containing the signatures of property owners as identified in King County Assessor's records as taxpayers of record for properties representing at least ten percent (10%) of the assessed valuation for the areas proposed for annexation. Information requested on the form includes the signatures of all identified taxpayers of record, the date of signing, a mailing address, and property identification number of each parcel. Petitions must conform to RCW 35A.01.040. Annexation, Sixty Percent (60%) Petition: A petition form, supplied by the City, containing the signatures of property owners as identified in King County Assessor's records as taxpayers of record for properties representing at least sixty percent (60%) of the assessed valuation for the areas proposed for annexation. Information requested on the form includes the signatures of all identified taxpayers of record, the date of signing, a mailing address, and property identification number of each parcel. Petitions must conform with RCW 35A.01.040. that: Applicant Agreement Statement: A signed notarized statement indicating a. The applicant agrees to allow for the potential collocation of additional wireless communication facility equipment by other providers on the applicant's structure or within the same site location; and b. That the applicant agrees to remove the facility within six (6) months after that site's use is discontinued or if the facility falls into disrepair, and restore ATTACHMENT A - 30 AGENDA ITEM # 7. c) ORDINANCE NO. the site to its pre-existing condition. If there are two (2) or more users of a single wireless communication facility (WCF), then this provision shall not become effective until all users cease using the WCF. Application Fee: The appropriate processing fee as required by the Renton Municipal Code. Application Form, Building Section: The Development Services Division form required for the type of work to be performed (e.g., grading permit application for grading work, sign permit application for installation of a sign, etc.). Information requested includes the following: a. King County Tax Assessor's number for the property, b. Legal description of property, c. Street address, if applicable, d. Property owner's name, address and phone number, e. Prime contractor's business name, address, phone number, current state contractor registration number, and f. Either the name, address and phone number of the lender administering the interim construction financing, if any, or the name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount fifty percent (50%) or more than the total construction project. Application Form, Construction Permit: The City of Renton form used for all public works construction projects. Information requested includes the name, ATTACHMENT A - 31 AGENDA ITEM # 7, c) ORDINANCE NO. address, and telephone number for the project applicant and property owner, legal description, King County Tax Assessor's number, site area, area of impervious surface, description of work, preliminary cost estimate, and, if applicable, water meter size. Application Form, Master: The City—ef Renten Development SeFViees Division's Department's combined land use permit application form used for most environmental and land use reviews. Information requested includes the name, address, and telephone number for the project applicant, all owners, contact person, tax account number for the property, and other site information. Approved Testing Agency: An agency as determined by the Washington Association of Building Officials whose purpose is to provide special building inspection(s). Arborist Report: A report prepared by a certified Arborist or licensed Landscape Architect that correlates with the Tree Retention/Land Clearing Plan and identifies size, species, health, and reason for any removal. The report shall identify the limits of disturbance for all retained trees. Arborist Report, Final: A report prepared by a certified Arborist or licensed Landscape Architect summarizing field verification of the health of the retained trees post construction and recommendations for longterm care. Architectural Plans, Commercial, Industrial, Attached Dwellings with Three (3) or More Units: A twenty four inch by thirty six inch (24" x 36") plan prepared by an architect licensed in the State of Washington (unless project ATTACHMENT A - 32 AGENDA ITEM # 7. c) ORDINANCE NO. exempted by WAC 18-04-410) drawn at a scale of one -eighth inch equals one foot (1/8" = V) or one-fourth inch equals one foot (1/4" = V) (or other size or scale approved by the Building Official) clearly indicating the information required by the "Permits" section of the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide amendments), including, but not limited to, the following: a. General building layout, both existing and proposed — indicate square footage of rooms, use of each room or area, window and door size and ventilation, opening headers, plumbing, ducting, and electrical layout, including penetration protection, IBC occupancy group, and IBC type of construction, b. Cross section details, as needed, to show typical foundation, floor, wall, ceiling and roof construction; structural members labeled as to size and spacing; bracing, blocking, bridging, special connectors, anchor bolts; insulation of walls, floors and roof/ceiling, c. Details of stairs, fireplaces and special construction, if any, d. King County Health Department approval on plans submitted to the City for dining/food-handling establishments, e. King County Health Department approval on plans submitted to the City for public pools/spas, f. Independent plan review by the State of Washington Labor and Industries Electrical Division for I and E Occupancies, ATTACHMENT A - 33 AGENDA ITEM # 7, c) ORDINANCE NO. g. Asbestos assessment by the Puget Sound Air Pollution Control Agency (PSAPCA) for interior demolition, and h. Independent review by State Department of Health for hospitals. Architectural Plans, Detached Dwellings and Two (2) Attached Dwellings: An eighteen inch by twenty four inch (18" x 24"), minimum, -plan drawn at a scale of one-fourth inch equals one foot (1/4" = V) (or other size or scale approved by the Building Official) clearly indicating the information required by the "Permits" section of the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide amendments), including, but not limited to, the following: a. General building layout and room use, b. Window and door size and window ventilation area, c. Plumbing, duct, and electrical layout, d. Opening headers, size and material, e. Cross section details, as needed, to show typical foundation, floor, wall, ceiling and roof construction, including connection details, f. Structural members labeled as to size and spacing as well as bracing, blocking, bridging, special connectors, and anchor bolts, g. Special details as needed (i.e., stairs, fireplaces, special construction), and h. Insulation of walls, slab, floors, and roof/ceiling. ATTACHMENT A - 34 AGENDA ITEM # 7. c) ORDINANCE NO. Assessment Information: Records obtained from the King County Assessor's office for each tax lot included in an area proposed for annexation. The records display all taxpayers of record and assessed value for each tax lot. Authorization for Abatement: An irrevocable signed and notarized statement granting the City permission to summarily abate the use and all physical evidence of that use, if it has not been removed as required by the terms of the permit. The statement shall include a statement that the applicant will reimburse the City for any expenses incurred in abating the use. 2. Definitions B: Bill of Sale: A legal document to be recorded proposing to transfer ownership of goods from one owner to another. Document includes legal description of property and list of items with associated cost of the goods. Biological Assessment/Critical Area Study: Projects with the potential to impact fish (Chinook salmon, bull trout, steelhead trout), unexpected, new, rare or other endangered species habitat (bald eagles) shall provide a biological assessment/critical area study. The purpose of this assessment is to determine whether a proposed action is likely to: (1) adversely affect listed or de -listed species or designated critical habitat; (2) jeopardize the continued existence of species that are proposed for listing, or unexpected, new or rare species; or (3) adversely modify proposed critical habitat. A biological assessment/critical area study is a written study that evaluates the proposal, all probable impacts and risks related to the critical area, and recommends appropriate mitigation measures to ATTACHMENT A - 35 AGENDA ITEM # 7, c) ORDINANCE NO. adequately protect the functions and values of the critical area, and preserve anadromous fish and their habitat. The assessment/study shall be prepared by a person with experience and training in the scientific discipline appropriate for the relevant critical area in accordance with WAC 365-195-095(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, biological assessment, or related field, and have at least five (5) years of related work experience. a. A qualified professional for wetlands must be a professional wetland scientist with at least two (2) years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manuals and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. b. A qualified professional for Habitat conservation must have a degree in biology or a related degree and professional experience related to the subject species. c. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington. d. A qualified professional for Wellhead Protection Areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments. ATTACHMENT A - 36 AGENDA ITEM # 7. c) ORDINANCE NO. The assessment/study shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of the material used. Best available science is that scientific information applicable to the critical area prepared by local state or federal natural agencies or a qualified scientific professional that is consistent with the criteria established in WAC 395- 195-900 through 365-195-925. The assessment/study shall contain, at a minimum, the following information, as applicable: a. The name and contact information of the applicant; b. The dates, names, and qualifications of the persons preparing the assessment/study and documentation of any fieldwork performed on the site; requested; c. A description of the proposal and identification of the permits d. A site plan showing: i. Identified critical areas, buffers and the development proposal with dimensions; ii. Topography at two -foot (2') intervals; iii. Limits of any areas to be cleared/impacted; and iv. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; ATTACHMENT A - 37 AGENDA ITEM # 7, c) ORDINANCE NO. e. Accurate identification, location, and characterization of critical areas, water bodies, and buffers adjacent to the proposed project area or potentially impacted by the proposed project; f. A statement specifying the accuracy of the assessment/study, assumptions used in the assessment/study, and explaining how best available science has been incorporated; g. Determination of the degree of hazard and risk from the proposal both on the site and on surrounding properties; h. An assessment of the probable cumulative impacts to the critical areas, their buffers and other properties resulting from the proposal; i. An evaluation of the project's compliance with sections 7 and 9 of the Endangered Species Act; j. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas; k. Plans for adequate mitigation to offset any impacts and an explanation of how best management practices will be used to minimize impacts to critical area; and I. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and security requirements. 3. Definitions C: Calculations, Survey: A compilation prepared by a State of Washington licensed land surveyor clearly indicating the dimensions of the boundaries and the ATTACHMENT A - 38 AGENDA ITEM # 7. c) ORDINANCE NO. closures for each lot, parcel, tract, and block in the plat, short plat, lot line, binding site plan, or lot line adjustment — an approved printed computer plot closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries. Civil Construction Plans: Plans prepared by a State of Washington licensed civil engineer as stipulated by the City of Renton Survey and Drafting Standards which shall include, but not be limited to, the following, unless otherwise approved by the Planning Division Development Engineering Manager or designee: L. Topography Map, b. Horizontal Control Plan (may be combined with the Site Plan), c. Site Plan, d. Erosion and Sediment Control Plan, Temporary, e. Grading Plan (maybe combined with Erosion and Sediment Control Plan or Storm Drainage Plan), f. Conceptual Structural/Retaining Wall and/or Detention Vault Plans Associated with Civil Improvements, g_ Utilities Plan, Generalized (may be referred to as a Composite Utility Plan), h. Roadway Construction Plan, i. Drainage Plan (may be combined with the Roadway Construction ATTACHMENT A - 39 AGENDA ITEM # 7, c) ORDINANCE NO. L Utilities Construction Plan, Waste Water and Water, k. Street Lighting/Illumination Plan, I. Traffic Signal Plan, m. Sin and Channelization Plan (may be combined with Roadway Construction Plan), n. Landscaping Plan, Detailed, o. Irrigation Sprinkler Plans (Underground), p. Tree Retention/Land Clearing (Tree Inventory) Plan, jL Wetland/Stream or Lake Mitigation Plan, and r. City Standard Plans as applicable. Closure Permit Application, Aquifer Protection Area: An application package including the following: a. A list of hazardous materials to be removed from premises, the method of removal, and the final destination (include product names and quantities); b. A list of potentially contaminated equipment and/or containment devices to be removed from premises and a description of the method of disposal or recycling; c. A plan prepared by a professional engineer or geologist licensed in the State of Washington to investigate the facility to determine whether it is free of contamination exceeding Model Toxics Control Act (MTCA) standards (chapter ATTACHMENT A - 40 AGENDA ITEM # 7, c) ORDINANCE NO. 173-340 WAC), to report findings to the Water Utility, and to describe remediation needed, if any, according to said standards and RMC 4-9-015G; d. A written agreement between the owner, the property owner, and the purchaser or other recipient, in lieu of subsections a and b of this definition, stating that the owner will not remove hazardous materials and containment devices from the facility because all agree that the materials and devices are needed to continue to operate the facility; e. A schedule for implementation of subsections a and b of this definition and the investigation described in subsection c. se;R-.red vVith a wide -top -Marker ;n order W clea„y defi„e the site's Colored Rendering: A computer generated exterior color view of the proposed building(s), site, and landscaping in three dimensional form. ATTACHMENT A - 41 AGENDA ITEM # 7, c) ORDINANCE NO. Concealment Element Plan: A project narrative and illustrations that includes the design of the screening, fencing, or other concealment technology for a base station, tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless facility. Conditional Use Permit Justification: A written description/justification setting forth the reasons in favor of the application and addressing the criteria listed in RMC 4-9-030, Conditional Use Permits. Construction Closeout Documents: Deferred application items that are submitted prior to the release of any project performance sureties or finalization of the Civil Construction Permit. The following are required, but not limited to, unless waived by the Development Engineering Manager or designee: a. Record Drawings, b. Bond Quantity Worksheet (reflecting Recording Drawings), c. Bill of Sale (reflecting Recording Drawings), d. Easements, Proposed (reflecting Recording Drawings), e. Deeds to City for Any Land to Be Dedicated including the Real Estate Excise Tax Affidavit, f. Covenants, Draft (reflecting Recording Drawings), g_ Utility District Completion letter, h. King County approval of work, i. Department of Health Form for Water Distribution Main Projects, L Wetland Mitigation Plan — Final, ATTACHMENT A - 42 AGENDA ITEM # 7. c) ORDINANCE NO. k. Stream/Lake Study, Supplemental, I. Arborist Report, Final, m. Flood Hazard Data, if applicable, n. Habitat Data Report, o. Biological Assessment/Critical Areas Study when proiect is located in floodplain, and p. Utility testing and/or video results and reports as required by the City Development Engineering Inspector. Construction Mitigation Description: A written narrative addressing each of the following: a. Proposed construction dates (begin and end dates), b. Hours of operation, c. Proposed hauling/transportation routes, d. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics, e. Any specialty hours proposed for construction of hauling (i.e., weekends, late nights), and f. Preliminary traffic control plan. Covenants, Draft: A proposed, unrecorded written agreement promising performance or nonperformance of certain acts or stipulating certain uses or non - uses of property to be binding upon current and future property owners, including the legal description of that area of property to be encumbered. ATTACHMENT A - 43 AGENDA ITEM # 7, c) ORDINANCE NO. Covenants, Existing: The recorded limitation on property which may be set forth in the property deed and/or identified in a title report. Critical Areas Study: See RMC 4-8-120.D.2, Biological Assessment/Critical Areas Study, as it exists or may be amended. 4. Definitions D: Deeds (Draft) to City for Any Land to Be Dedicated: A legal document proposing to convey ownership of real property and including a legal description of the area to be dedicated. Discharge Permit Application: A Discharge Permit is required when discharging stormwater into the City's waste water system. An application package shall include the following: a. King County Metro Discharge Permit, b. Sketch of location of discharge and/or sanitary sewer manhole, c. Contractor and billing contact information including, company name, business license number, contractor's license, mailing address, and phone number, and d. Applicable fees. Drainage Plan/Map: Plans drawn to scale and stamped by a State of Washington licensed engineer and complying with the requirements of RMC 4-6- 030, Drainage (Surface Water) Standards, and the Surface Water Design Manual. Drainage Report: A report stamped by a State of Washington licensed engineer complying with the requirements of the stipulated by the City of Renton ATTACHMENT A - 44 AGENDA ITEM # 7. c) ORDINANCE NO. Survey and Drafting Standards, RMC 4-6-030, Drainage (Surface Water) Standards, and the Surface Water Design Manual. 5. Definitions E: Easements, Existing: A recorded document by the property owner granting one or more privileges to use the owner's land to and/or for the use by the public, a corporation or another person or entity. Easements may be referenced by property deed and are identified in the property title report. Easements, Proposed: A draft document, including proposed legal description, listing to whom and for what specific purpose or purposes the easement is to be granted. Electrical Plans/Specifications: Plans clearly indicating the information required by the WAC 296-46-140(2) and section 1141 of the currently adopted Washington State Energy Code (WSEC) accompanied by a written statement stamped and signed by a Washington State registered professional engineer attesting to the validity of this data and including, but not limited to, the following: a. Street address and name of project, b. Description of the scope of the electrical installation or alterations to be done, including the basis for designation of any special occupancy or classified location(s), c. Name, address and phone number of contact person, d. Floor plan view of the electrical installation or alterations, e. Specifications relevant to the electrical installation, ATTACHMENT A - 45 AGENDA ITEM # 7, c) ORDINANCE NO. f. Load calculations per National Electric Code (NEC) 220, g. Switchboard and/or panel board schedules, h. Fire alarm and other low voltage system drawings, and i. One -line riser diagram, including available fault current, Available Interrupt Current (AIC) ratings of switchboards and/or panel boards, and equipment bracing. Riser diagrams and load calculations must be complete to the point of connection between the facilities of the serving utility and the premises wiring. Details of such diagrams and calculations must include the square feet of the building or other structure supplied by each feeder, the total connected load before applying demand factors, the demand factors used, the computed load after applying demand factors, and the size and type of conductors used. Elevations, Architectural: A twenty four inch by thirty six inch (24" x 36") fully dimensioned architectural elevation plan drawn at a scale of one-fourth inch equals one foot (1/4" = V) or one -eighth inch equals one foot (1/8" = V) (or other size or scale approved by the Building Official) clearly indicating the information required by the "Permits" section of the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide amendments), including, but not limited to, the following: a. Existing and proposed ground elevations, b. Existing average grade level underneath proposed structure, ATTACHMENT A - 46 AGENDA ITEM # 7. c) ORDINANCE NO. c. Height of existing and proposed structures showing finished rooftop elevations based upon site elevations for proposed structures and any existing/abutting structures, d. Building materials and colors including roof, walls, any wireless communication facilities, and enclosures, e. Fence or retaining wall materials, colors, and architectural design, f. Architectural design of on -site lighting fixtures, and g. Cross-section of roof showing location and height of rooftop equipment (include air conditioners, compressors, etc.) and proposed screening. packet.-_ h. Required for the Urban Center Design Overlay District review i. Identify building elevations by street name and orientation, i.e., Burnett Ave. (west) elevation. ii. Show the location of rooflines, doors and window openings. iii. Indicate typical detailing around doors, windows and balconies indicating finishes, color and reflectivity of glazing. iv. Identify offsets in walls intended to meet the minimum requirements for building modulation indicating the amount of offset. v. Show on each elevation any roof top elements such as mechanical and elevator penthouses that protrude above the parapet or penetrate the roof and would be visible from other buildings of the same height. ATTACHMENT A - 47 AGENDA ITEM # 7, c) ORDINANCE NO. vi. Photographs of proposed materials from manufacturers' catalogues. A materials board showing actual materials and colors referenced on the architectural elevations is recommended. i. Required for shoreline permits: i. Include measurements of the existing and proposed elevations of the stream, river, or lake bottom in relationship to the proposed structure, if the proposed structure is located fully or partially in, or over, the water. ii. Projects exceeding thirty-five feet (35') in height must demonstrate compliance with the height requirement in RMC 4-3-090.D.7.a. Energy Code Checklist, Nonresidential: The standard Washington State Energy Office form requesting the information required under chapter 51-11 WAC detailing building components to be used to comply with the State Nonresidential Energy Code. Energy Code Checklist, Residential: The standard Washington State Energy Office form requesting the information required under chapter 51-11 WAC and detailing building components to be used to comply with the State Residential Energy Code. Environmental Checklist: The standard State of Washington form required under WAC 197-11-742 and 197-11-960. Erosion and Sediment Control Plan, Temporary: Drawings of the entire site showing the proposed erosion control measures for the project in ATTACHMENT A - 48 AGENDA ITEM # 7. c) ORDINANCE NO. conformance with the City of Renton Survey and Drafting Standards and the Surface Water Design Manual. 6. Definitions F: Final Plat Plan: The final plat or final short subdivision map (for short subdivisions of five (5) or more lots) shall be drawn to a scale of not less than one inch representing one hundred feet (1" = 100') unless otherwise approved by the Department, and on sheets eighteen inches by twenty-four inches (18" x 24"). The original reproducible drawing shall be in black ink on Stabilized dr,f*i^^ film paper for recording, and shall: a. Include the date, title, name and location of subdivision, graphic scale, and north arrow. b. Include names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations. c. Include lot lines with all property lines dimensioned and square footage of each lot. d. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. e. Include location, dimensions, and square footage of any existing structures to remain within or abutting the plat. ATTACHMENT A - 49 AGENDA ITEM # 7, c) ORDINANCE NO. f. Include location of existing conditions (such as wetlands, steep slopes, watercourses, floodplains) on or adjacent to the site which could hinder development. g. Include reservations, restrictive covenants, easements (including easement language), and any areas to be dedicated to public use, with notes stating their purpose and any limitations. If a new easement is created on the plat, it must show the grantee of the easement rights. If the grantee is the City, a statement of easement provisions reserving, granting and conveying the easement, with a description of the rights and purposes, needs to be made on the plat. h. Include the lot and block numbering scheme and lot addresses on the plat map. Street names and addresses shall be determined by the Department in accordance with the Street Grid Ordinance (chapter 9-11 RMC), and established Department procedures for addressing of new lots. i. Contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on -site. Shall include dimensions to the nearest one - hundredth (1/100) of a foot and angles and bearings in degrees, minutes, and seconds. j. Include coordinates pursuant to City surveying standards for permanent control monuments. ATTACHMENT A - 50 AGENDA ITEM # 7. c) ORDINANCE NO. k. Display all interior permanent control monuments located pursuant to City surveying standards. I. Be mathematically correct. m. Contain a legal description of the land to be subdivided on the final wv la plat plan. n. Include certifications: i. Certification showing that streets, rights -of -way and all sites for public use have been dedicated. ii. Certification by a licensed land surveyor that a survey has been made and that monuments and stakes will be set. iii. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable. iv. Certification by the King County Finance Department that taxes have been paid in accordance with RCW 58.08.030, Plats to be acknowledged — Certificate that taxes and assessments are paid, , ^tieepated *,m^5 and- ,«^«ments, as ##ey it exists or may be amended, and that a deposit has been made with the King County Finance Department in sufficient amount to pay the taxes for the following year. v. Certification by the Administrative Services Department that there are no delinquent special assessments and that all special assessments certified to the Administrative Services Administrator for collection on any ATTACHMENT A - 51 AGENDA ITEM # 7, c) ORDINANCE NO. property herein contained dedicated for streets, alleys or other public uses are paid in full. vi. Certification of approval to be signed by the Administrator. vii. Certification of approval to be signed by the Mayor and attested by the City Clerk. Flood Hazard Data: Flood hazard data includes: a. Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing; b. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures; c. Elevation in relation to mean sea level to which any structure has been floodproofed; d. Certification by a registered professional engineer or architect that the floodproofing methods criteria in RMC 4-3-050.1.3.c; and for any nonresidential structure meet the floodproofing; and e. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. Floor Plans, General: A basic line drawing plan of the general building layout showing walls, exits, windows, and designated uses indicatingthe proposed locations of kitchens, baths and floor drains, bedrooms and living areas, with ATTACHMENT A - 52 AGENDA ITEM # 7. c) ORDINANCE NO. sufficient detail for City staff to determine if an oil/water separator or grease interceptor is required and to determine sizing of side sewer. Franchise Permit Application: An application package that includes the following: a. Franchise permit application form, b. Construction plans in conformance with the City of Renton Survey and Drafting Standards, c. Traffic control plan application, and d. Applicable fees. 7. Definitions G: Geotechnical Report: A study prepared in accordance with generally accepted geotechnical practices and stamped by a professional engineer licensed in the State of Washington which includes soils and slope stability analysis, boring and test pit logs, and recommendations on slope setbacks, foundation design, retaining wall design, material selection, and all other pertinent elements. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved by a geologist. Further recommendations, additions or exceptions to the original report based on the plans, site conditions, or other supporting data shall be signed and sealed by the geotechnical engineer. If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the City accompanying the plans and specifications, express his or her ATTACHMENT A - 53 AGENDA ITEM # 7, c) ORDINANCE NO. agreement or disagreement with the recommendations in the geotechnical report and state that the plans and specifications conform to his or her recommendations. If the site contains a geologic hazard regulated by the critical areas regulations, the preparation and content requirements of RMC 4-8-120.D, Table 18 shall also apply. If the site is within a channel migration zone, within shoreline jurisdiction, the geotechnical report shall also include a geomorphic assessment by a Washington State licensed geologist with engineering geology or hydrogeology specialty license plus experience in conducting fluvial geomorphic assessments. 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' n 'CL O tw p -00 CL c u O O 7 c O ` m U rn m a a c N u O d cr s �' M y C O` 0 t > m m 7 C a. a CL W C -0 4' v 0 m a N }, � v �n O u a O .� O C C ', -a 7 CL 3 � a ,U O 0_CD > '` oc N U V1 r a �••' C a m m c N •L a in H O fO c U to u co o H m �.. in a n a W a u a m Y` o a y ai 3 a u �p u 0 a N a v > is c a }, 'p � o a C > 0 Y m vui v o o N +T+ -° r`a a O rho 'm C C u O O C CD ¢ u m ai •� u CL U u c CL o a a 81 i rJ E _. rri 2 m - ._ a o vi m '�, m oo ci ". 0 c Ln Ln Q z LL 2 U Q AGENDA ITEM # 7. c) 0 z W u z Q z 0 Of 0 W Z J W w O S N u N Z G N J Oa >_ Q z _ I C7 O u = x x I � � Q W M O Z G u LLJ x x u_ H W 0 x X Z S 0 C7 of _ 0 W W 0 0 W (7 > Z S I W C = 'n C = Z 5 LU c M J 0 Z g� a `^ W W W d N N N °� ami to a a C E c vi a a+ C °c L; N c °� Ln m m 3 a a C= -p U m a Y a O N w a m i a c > a p ac) c o v O c a O 3 f' Z a s _.+ m O �'' m C. t a u 0 a+ v a u on m >• m "O = m 'O a Y C 'O 00 C_ C a C O i y '� = C O S y _C u a "O � C s cNa -0� O H O = E }' m a +>�+ •N m I- Ou •� 7 C m a+ = vi >> vi u Z Z O W t o Y 3 0 u m v o a N a; °° c° m T o$ �n o 0 �., }, LA Q �+ C C10 C fC = in Q m of O vi C Q W O � S m d u O N O U j N .'O 0 ON oc cc c :� m c E :r m a a c� o a a a m on N .� m aai �' u °° a C a) a El u Q o a= E j o m� o E v> c Y E U_ c> a m c� Q� o c W x ,_., a 'O O a a a-0 .O }, �• y a a s a C 0 O a 0 0 a C �+ '� m a= a a a c C O d a c Q c � a 0 o a o c o a Q o> +� a co C ' o c ,t >, E 3 tE a am N E �n O O a 4. a+ m C C a 0 a m 'O 'p .O u C -c u 0 7 0 +'' a m m 3 vi = i a a Q V -Q C C C W E + a N _ a N u C C 7 a > a C ,F v + in U 'C .a Q m M n �+ m m O c a c o ° 3 0° o o o N a o m o aa) E o a v C Ln C g o o coo a vi a O Y" C 0 0 _� a B O a a 0 U CL a! . 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Q 0 0 0 > L 0 0 i ,� a O C L � m a 4 X Q= u .1 a w 4r w N a +_ .•-1 m 'V1 m 1-4 = N E E a — — 7 E -o C q iO z CW G S u Q AGENDA ITEM # 7. c) 0 z LL) U z a z 0 0 W Z J W O x H x x z � J a > x x x W Z_ I Ou I x x x x I � � Q W O z c (J C W x x x x _u W H X X Z x O 1A = O W X X W (AW C7 °>x Z x x W G x Ln Q _ Z 5 x x W G 0 J C W z g 5 1 x x a 0 W W W a H v1 x X OAob O 41 w C m C G1 p rf C O m G) C m O C m p� •` of �+ L u u Y Z O >, O E� O OJ y L O "O N Cl N E_ 00 O- 'C W C C m �n -pLn "O m N O tf C U C }+ y U m GJ Z L t' �' C w L L (CO V y in CL aJ 00 m m 'm > O L +' Ou o. v c m m 3 m u m o+, N o c, g m ° u m ,$ o IA \ O E p, = G1 d0 O C u c�0 p G. > >" 'O o m e j C CO C O w O C _3 Z Z O WC O Q C O O C } L m L �n W �n u CL m Q y C V) u v 0 O. c 0 y 7 m _m m p- H C O L O 'O 3 m p 0 "° y > ` VI m 'O "O L p C �+ to G1 Y E C C m Y m -° Y> ,n O m G>1 C —_ Q W C -p to C C N �_! m N In ° C E C O O 6 3 G) C i:+ m N m C d' Q' y p 'n C Y am+ T C O Y �+ O. � m "m '^ u c >. 7 O O' 0 O + u u 0 w E u O m "O G1 E a . -. 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Ln a Lf1 3 in m 3 m C tD O .� OD u v E n C .� m E O 0 0 u u v 00 3 .1 �, m L a w AGENDA ITEM # 7. c) 0 z LU u z Q z 0 W Z W 0 LA X u_ y� Z � oa >_ a z = l7 O u � x Q W o Z u 2 LU u_ 2 .LA W N Z xO H _ 0 cr W W 0 73 cc 0 W > x Z g W C = N O = Z 5 LU Ln C Lil Z g� G Ln W W W G M H Ln m m O L C Ln L O LM Z L L (U 0tn H W E •c T m + C z O m C a! z f0 E '^ O aj a ;r c u H c O� c L m .+ u d Z Z O 7' O aO) w 'OO tL/O W _g " w E E c 7 _ to m E u O aco oacLU ctoL in = m vi W Cr O O LA CU LO Lp [F O a C9 m CLyL., � - v u t„ u fD L UD L O m 7 w � O C p u ac 00 an CL O m cC °a)0 - c vO LU3 O uCCL v `m E 'B= O O w CL CL•7CO C aJ C CL E UD N m Ol L CrOL r-4 L a G1 n d m c ai E O' aJ a1 t m L v m u C Q a O z 00 Ln Q z uj G u Q AGENDA ITEM # 7. c) ORDINANCE NO. Grading Plan: A twenty two inch by thirty_four inch (22" x 34") plan drawn by a State of Washington licensed Iandseape ,r^"i+^ec* Civil Engineer at a scale of one inch to forty feet (1" to 40') (horizontal feet) and one inch to ten feet (1" to 10') (vertical feet) (or other size plan sheet or scale approved by the Develepme + Sees Planning Division Development Engineering Manager or designee P4R Review SupeFY659F) clearly indicating the following: a. Graphic scale and north arrow, b. Dimensions of all property lines, easements, and abutting streets, c. Location and dimension of all on -site structures and the location of any structures within fifteen feet (15') of the subject property or which may be affected by the proposed work, d. Accurate existing and proposed contour lines drawn at five foot (5), or less, intervals showing existing ground and details of terrain and area drainage to include surrounding off -site contours within one hundred feet (100') of the site, e. Location of natural drainage systems, including perennial and intermittent streams, the presence of bordering vegetation, and floodplains, f. Setback areas and any areas not to be disturbed, including the location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown. The method of tree protection during grading and construction shall be shown. If grade changes in the vicinity of the protected trees are necessary, the method of reconciling the drip line with the finished ATTACHMENT A - 59 AGENDA ITEM # 7. c) ORDINANCE NO. elevation shall be included (see RMC 4-4-130, Tree Retention and Land Clearing Regulations), grading, g. Finished contours drawn at five foot (5') intervals as a result of h. Proposed drainage channels and related construction with associated underground storm lines sized and connections shown, and sheet): i. General notes addressing the following (may be listed on the cover i. Area in square feet of the entire property. ii. Area of work in square feet. iii. Both the number of tons and cubic yards of soil to be added, removed, or relocated. iv. Type and location of fill origin, and destination of any soil to be removed from site. v. Finished floor elevation(s) of all structures, existing and proposed. 8. Definitions H: Habitat Data Report: Habitat data reports include: a. Site Plan: The site plan shall indicate: i. The vegetative cover types reflecting the general boundaries of the different plant communities on the site; ATTACHMENT A - 60 AGENDA ITEM # 7. c) ORDINANCE NO. ii. The exact locations and specifications for all activities associated with site development including the type, extent and method of operations; iii. Top view and typical cross-section views of critical habitat/wildlife habitat to scale; iv. The results of searches of the State Department of Fish and Wildlife's Natural Heritage and Non -Game Data System databases; v. The results of searches of the Washington State Department of Fish and Wildlife Priority Habitat and Species database. b. Narrative Report: A narrative report shall be prepared to accompany the site plan which describes: i. The layers, diversity and variety of habitat found on the site; ii. The location of any migration or movement corridors; iii. The species typically associated with the cover types, including an identification of any critical wildlife species that might be expected to be found; iv. Identification of any areas that have been previously disturbed or degraded by human activity or natural processes; v. A summary of existing habitat functions and values, utilizing a habitat evaluation procedure or methodology approved by the City; vi. A summary of proposed habitat alterations and impacts and proposed habitat management program. Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife habitat, expected ATTACHMENT A - 61 AGENDA ITEM # 7, c) ORDINANCE NO. decrease in species diversity or quantity, changes in water quality, increases in human intrusion, and impacts on wetlands or water resources. Hazardous Materials Management Statement: A statement which includes: a. A description of refueling of construction vehicles that will occur on the site and an inventory of hazardous materials expected to be temporarily stored, dispensed, used, or handled on the site. b. A description of how the requirements in RMC 4-4-030.C.7, Construction Activity Standards — Zones 1 and 2, will be met by the applicant. Heat loss Calculation: A State of Washington Energy Code mandated analysis performed to determine the heat loss of a structure in order to determine the size of the required heating equipment. Horizontal Control Plan: A twentv-two inch by thirty-four inch (22" x 34"1 plan drawn at the same scale as, or included on, the Site Plan clearly indicating the following: a. Date, graphic scale, and north arrow, b. Include lot lines with all property lines dimensioned and square footage of each lot. c. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. ATTACHMENT A - 62 AGENDA ITEM # 7. c) ORDINANCE NO. d. Include location, dimensions, and square footage of any existing structures to remain within or abutting the plat. e. Include easements and any areas to be dedicated to public use. f. Contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, boundary line and block line on -site. Shall include dimensions to the nearest one -hundredth (1/100) of a foot and angles and bearings in degrees, minutes, and seconds. g. Include coordinates pursuant to City surveying standards for permanent control monuments. h. Display all interior permanent control monuments located pursuant to City surveying standards. 9. Definitions I: Installer Certification: Washington State Department of Community, Trade and Economic Development (CTED) approval given to those contractors authorized to install manufactured homes and designated by a State registration number. Inventory of Existing Sites: An inventory of the providers existing facilities with the Renton City corporate limits, and any other facilities outside the City limits that are within one-half (1/2) mile of the proposed facility. The inventory is to include specific information about the location, height, and design of each facility. The Department may share such information with other applicants applying for administrative approvals or conditional use permits under this Title ATTACHMENT A - 63 AGENDA ITEM # 7, c) ORDINANCE NO. or other organizations seeking to locate antennas within the City, provided, however that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. Irrigation Sprinkler Plans (Underground): A twenty two inch by thirty four inch (22" x 34") plan drawn at the same scale as, or included on, the generalized utilities plan(s) (or other size plan sheet or scale approved by the Developmea yes Planning Division Development Engineering Manager or designee Review Supervisor) clearly indicating the following: a. Scale and north arrow, b. Dimensions of all property lines, easements, and abutting streets, c. Meter location and size, and d. Proposed type, size, and location of sprinkler piping, sprinkler heads, and backflow prevention devices. 10. Definitions J: (Reserved) 11. Definitions K: (Reserved) 12. Definitions L: Land Record Number: The City of Renton Planning Division Property and Technical Service's Division's filing number for the final survey document. Land Use Permit Conditions: Environmental or land use permit requirements which may have been placed upon the project in addition to any code -mandated requirements in conjunction with a required environmental ATTACHMENT A - 64 AGENDA ITEM # 7. c) ORDINANCE NO. determination and/or a land use permit. Examples of land use permits include site plan review, conditional use permits and variances. Land Use Permit Documents: A single file formatted to eight and one-half inches by eleven inches (8.5" x 11") submitted with the Civil Construction Permit application that includes the proiect's following land use permit documents: site plan; landscape plan; ERC Report; land use decision; and other applicable documents as determined by the Planning Division. Landscaping Plan, Conceptual: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Community and Economic Development Administrator), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, parking areas, access and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Location, size, and purpose of planting areas, including those required in RMC 4-4-070, Landscaping, and those required in RMC 4-3-090, Shoreline Master Program Regulations, f. Location and height for proposed berming, ATTACHMENT A - 65 AGENDA ITEM # 7, c) ORDINANCE NO. g. Location and elevations for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, and i. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130, Tree Retention and Land Clearing Regulations). Landscaping Plan, Detailed: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Community and Economic Development Administrator), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, property lines, walks, parking areas, access, and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Detailed grading plan, ATTACHMENT A - 66 AGENDA ITEM # 7. c) ORDINANCE NO. f. Location, dimensions, and purpose of all planting areas (the width of a landscaping area when curbed shall be measured from inside to inside of the curbs) including those required in RMC 4-4-070, Landscaping, g. Location and height for proposed berming, h. Locations, elevations, and details for any proposed landscape - related structures such as arbors, gazebos, fencing, etc., i. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, j. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130, Tree Retention and Land Clearing Regulations), k. Names of existing and proposed vegetation, and I. Detailed planting plan (soil mix, planting depth and width, and bark mulch depth). Lease Agreement, Draft: A draft lease agreement with the landholder, or separate equivalent documentation that: a. Allows the landholder to enter into leases with other providers; and b. Specifies that if the provider fails to remove the facility upon six (6) months of its discontinued use, the responsibility for removal falls upon the landholder. ATTACHMENT A - 67 AGENDA ITEM # 7, c) ORDINANCE NO. Letter from Property Owner: A letter from the private property owner granting permission for the temporary use of the property. Letter of Conformance with Geotechnical Report: A letter submitted by the applicant stating structural plans were prepared consistent with the findings of the geotechnical report and stamped by a structural engineer. The plans and specifications shall be accompanied by a letter from the geotechnical engineer who prepared the geotechnical report stating that in his or her judgment, the plans and specifications conform to the recommendations in the geotechnical report and the risk of damage to the proposed development site and downslope properties from potentially hazardous conditions will be minimal subject to the conditions set forth in the report. Letter of Understanding Geologic Risk: The applicant, or the owner of the site, shall submit a letter to the City, with the plans and specifications, stating that he or she understands and accepts the risk of developing in an unstable area and that he or she will advise, in writing, any prospective purchasers of the site, or any prospective purchasers of structures or portions of structures on the site, of the unstable potential of the area. List of Current Property Owners: A listing of all current property owners and their mailing addresses and King County Assessor's account numbers within three hundred feet (300') of the boundaries of the subject site as obtained from a title company or the King County Assessor's office. The list shall include a notarized statement from the applicant attesting that the ownership information provided ATTACHMENT A - 68 AGENDA ITEM # 7. c) ORDINANCE NO. is current and accurate. Current shall mean obtained within the past thirty (30) days unless otherwise approved by the Deyelepment Servi . Planning Division. Lot Line Adjustment Map: A drawing of the proposed lot line adjustment prepared on an eighteen inch by twenty-four inch (18" x 24") sheet of paper wyW by a licensed land surveyor complying with the City's surveying standards, including the following: a. Name of the proposed lot line adjustment (e.g., Smith/Larsen Lot Line Adjustment), b. Space reserved for "City of Renton File Number" (large type) at top of first sheet, c. Space reserved for City of Renton "land record number" (small type) at bottom left of first sheet, d. Legal description of each existing and proposed lot. If a metes and bounds description is used, it must be stamped by a licensed surveyor, e. Date, graphic scale (one inch equals forty feet (1" = 40'), unless otherwise approved by the Department), and north arrow, f. Names, locations, widths, types, and dimensions of adjacent and on - site streets, alleys, and easements, each lot, g. Lot lines with all property lines dimensioned and square footage of h. Parcels identified as Lot 4, Lot 3, etc., ATTACHMENT A - 69 AGENDA ITEM # 7, c) ORDINANCE NO. i. "Old" lot line(s) and "new' lot line(s) clearly labeled and differentiated by line type and/or thickness (indicated distance(s) moved), j. Addresses for each lot and new street names in accordance with the street grid system regulations of chapter 9-11 RMC, k. Total square footage of existing and revised lots, I. Ground floor square footage of all structures, m. Location, dimensions and square footage of any existing structures to remain, and dimensioned distances to property lines, n. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width, o. Reservations, restrictive covenants, easements, description of any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee and, if the grantee is the City, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown, p. Coordinates pursuant to City surveying standards for permanent control monuments, q. Location of all interior permanent control monuments pursuant to City surveying standards, ATTACHMENT A - 70 AGENDA ITEM # 7. c) ORDINANCE NO. 130-100, r. Statement of equipment and procedure used pursuant to WAC 332- s. Basis of bearing pursuant to WAC 332-1304050(1)(b)(iii), t. Date the existing monuments were visited pursuant to WAC 332-130- MUIUM u. Verification that permanent markers are set at corners of the proposed lots, v. Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated, w. Surveyor's testament, stamp and signature, x. Certification by a State of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set, y. Notarized signatures of all property owners having an interest in the property, certifying ownership and approval of the proposal, z. Signature and date line(s) for the King County Assessor, and aa. Signature and date line(s) for the Community and Economic Development Administrator. 13. Definitions M: Mailing Labels: Self-adhesive mailing labels including the name, mailing address, and King County Assessor's account numbers (optional) for all property owners within three hundred feet (300') of the boundaries of the subject site. ATTACHMENT A - 71 AGENDA ITEM # 7, c) ORDINANCE NO. Map of Existing Site Conditions: A plan drawn at the same scale as, or combined with, the grading plan or topography map showing existing topographical or five foot (Y) contours or less, and structural and natural features. The plan shall include major trees, shrubs, large rocks, creeks and watersheds, floodplains, buildings, roadways and trails. Map of View Area: A diagram or map depicting where within a one - quarter (1/4) mile radius any portion of the proposed facility could be seen. Master Application Form: The standardized application form used for the majority of land use permit applications including, but not limited to, the following: a. Owner, applicant, and contact person names, addresses and telephone numbers, b. Notarized signatures of all current property owners, c. Name of the proposed project, d. Project/property address, e. King County Assessor's tax account number, f. Existing and proposed land uses, g. Existing and, if applicable, proposed Comprehensive Plan map designation, h. Existing and, if applicable, proposed zoning designation, i. Site area, j. Estimated project cost, ATTACHMENT A - 72 AGENDA ITEM # 7. c) ORDINANCE NO. k. Whether or not the project site contains any environmentally sensitive areas, and I. Property legal description. Master Plan: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" = 20') (or other scale approved by the n,,,,.,i,,.,., epA �2FVi&@5 Planning Division Director or designee) consisting of a conceptual plan indicating the following: a. Information from Site Plan, items a, b, and c, b. A legend listing the following must be included on one of the sheets: • Total square footage of the site, • Square footage (by floor and overall total) of each individual building and/or use, each building) lot), • Total estimated square footage of all buildings (footprint of • Percentage estimate of lot coverage, • Square footage estimate of all landscaping (total and parking • Allowable and proposed building height, • Building setbacks proposed and required by Code, • Parking analysis, including estimated number, size, and type of stalls required, by use; and number of stalls provided, by use, c. General location and size of buildings and uses, ATTACHMENT A - 73 AGENDA ITEM # 7, c) ORDINANCE NO. d. Phasing of development, e. Major access points and access to public streets, vehicle and pedestrian circulation, public transit stops, f. Critical areas, g. Focal points within the project (e.g., public plazas, art work, gateways both into the site and into the City, etc.), h. Private and public open space provisions, and recreation areas, i. View corridors, j. Public access to water and/or shoreline areas. Mechanical Plans: Plans as required per section 113 of the currently adopted Uniform Mechanical Code (UMC) and section 1141 of the currently adopted Washington State Energy Code (WSEC) along with Statewide amendments. Monument Card: A form provided by the Qty Planning Division Property and Technical Services Division and filled out by a surveyor providing information regarding a single monument, including the section, township and range, method of location, type of mark found or set, manner of re-establishment of the single monument (if applicable), description, and a drawing showing the location of a single monument and indicating a reference point to that monument. 14. Definitions N: Neighborhood Detail Map: A map, drawn at a scale of one inch equals one hundred feet (1" =100') or one inch equals two hundred feet (1" = 200') (or other ATTACHMENT A - 74 AGENDA ITEM # 7. c) ORDINANCE NO. scale approved by the DevelepmeerServiEes Planning Division Director or designee). The map shall show the location of the subject site relative to the property boundaries of the surrounding parcels within approximately one thousand feet (1,000') or approximately two thousand five hundred feet (2,500') for properties over five (5) acres and identifying the subject site with a darker perimeter line than that of surrounding properties. The map shall also show the property's lot lines, existing land uses, building outlines, City boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. Nonconformity Relationship and Compatibility Narrative: For nonconforming use or structure rebuild approval permits, include drawings, photographs, or other visual aids that show the relationship of the existing structure or building to its surroundings. Include studies or reports that support the applicant's contention that the existing nonconforming use or structure is compatible with the surrounding area and its uses. Notation of Geologic Risk by Engineer: A letter of notation on the design drawings prepared by a structural engineer and submitted at the time of the permit application stating that he or she has reviewed the geotechnical report, understands its recommendations, has explained or has had explained to the owner the risks of loss due to earth movement on the site, and has incorporated into the design the recommendations of the geotechnical report and established ATTACHMENT A - 75 AGENDA ITEM # 7. c) ORDINANCE NO. measures to reduce the potential risk of injury or damage that might be caused by any earth movement predicted in the report. 15. Definitions O: Operating Permit Application, Aquifer Protection Area: An application package including the following: a. Upon request by the Department, a hazardous materials inventory statement and/or Material Safety Data Sheets for hazardous materials that are or will be on the premises; b. A list of the chemicals to be monitored through the analysis of groundwater samples if groundwater monitoring is anticipated to be required; c. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of hazardous materials in quantities greater than the de minimis amounts specified in RMC 4- 3 050C=6a(*i)k 4 4-3-050.C.8.c.i(b)(1); d. A description of the containment devices used to comply with the requirements of this Section; e. A description of the procedures for inspection and maintenance of containment devices; f. A description of how hazardous materials will be legally disposed; g. A site map showing the following: i. Property boundaries, ii. Building and other structures located on the property, ATTACHMENT A - 76 AGENDA ITEM # 7. c) ORDINANCE NO. iii. Secondary containment devices, and iv. Floor and yard drains with a note as to whether the drain is to storm or sanitary sewer. Operating Rules for Secure Community Treatment Facility (SCTF): A written statement outlining how the operation of the SCTF complies with RCW 71.09.295 through 71.09.350, including but not limited to daily operating hours, activities of occupants, procedures for off -site activities, if any, and visitation procedures for nonresidents, including professional care providers, family members, or other service providers. 16. Definitions P: Parking, Lot Coverage, Landscaping Analysis: A listing of the following information (may also be included on the first sheet of the site plan): a. Total square footage of the site, b. Total square footage of existing area(s) of impervious surfacing, c. Total square footage of existing natural/undeveloped area, d. Square footage (by floor and overall total) of each individual building and/or use, e. Total square footage of the footprints of all buildings, f. Percentage of lot covered by buildings or structures, g. Total pavement square footage both existing pavement to remain plus new pavement proposed to be installed, h. Square footage of any on -site wetlands, ATTACHMENT A - 77 AGENDA ITEM # 7, c) ORDINANCE NO. i. Parking analysis to include the total number of parking spaces required and provided, number of compact and "ADA accessible" spaces provided, and parking space dimensions, j. Square footage of landscaping for each area, for interior parking lot landscaping, and total, k. Allowable and proposed building height, I. Building setbacks required by Code, and m. Proposed building setbacks. Photosimulations: Photosimulations of the proposed facility from affected residential properties and public right-of-way at varying distances. This shall include a diagram depicting where the photosimulations were taken. Plan Reductions: Eight and one-half inch by eleven inch (8-1/2" x 11") white, opaque reductions of full size plan sheets including elevations, landscape plans, conceptual utility plans, site plan, and neighborhood detail/vicinity map which will yield legible photocopies. Plat Certificate: A document prepared by a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances. In the case of a final plat, the certificate shall be dated within forty five (45) days prior to the approval of the final plat. Plumbing Plan: Plans as required per section 30.2 of the currently adopted Uniform Plumbing Code (UPC) and Statewide amendments. ATTACHMENT A - 78 AGENDA ITEM # 7. c) ORDINANCE NO. Post Office Approval: U.S. Post Office confirmation that they have approved the locations of the proposed mailbox locations. Preliminary Plat or Binding Site Plan: A plan, with a two-inch (2") border on the left edge and one -half -inch (1/2") on all other sides, prepared by a State of Washington registered land surveyor in accordance with RCW 18.43.020 and/or chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet (1" = 40') on an eighteen inch by twenty-four inch (18" x 24") plan sheet (or other size or scale approved by the Develep„Teer`3erwEes Planning Division Director or designee) and shall include the following: a. Name of the proposed preliminary plat or binding site plan (and space for the future City file numbers). b. Names and addresses of the engineer, licensed land surveyor, and all property owners. c. Legal description of the property to be subdivided. d. Date, graphic scale, and north arrow oriented to the top of the papeF/plan sheet. e. Vicinity map (a reduced version of the neighborhood detail map as defined above). f. Drawing of the subject property with all existing and proposed property lines dimensioned. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Indicate the required yards (setbacks) with dashed lines. ATTACHMENT A - 79 AGENDA ITEM # 7. c) ORDINANCE NO. g. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights -of -way. h. Names, locations, types, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations. i. Location, distances from existing and new lot lines, and dimensions of any existing and proposed structures, existing trees on and abutting the site, existing or proposed fencing or retaining walls, freestanding signs, and easements. j. Location of existing conditions on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. k. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area. I. A legend listing the following included on the first sheet of the preliminary plat plan: i. Total area in acres, ii. Proposed number of lots, iii. Zoning of the subject site, iv. Proposed square footage in each lot, and v. Percentage of land in streets and open space. ATTACHMENT A - 80 AGENDA ITEM # 7. c) ORDINANCE NO. m. Access and Utilities: Indicate how the proposed subdivision will be served by streets and utilities, show how access will be provided to all lots, and the location of sewer and water lines. n. Contours and Elevations: Shall include contour and/or elevations (at five foot (5') vertical intervals minimum) to the extent necessary to accurately predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least one hundred feet (100') beyond the boundaries of the proposed plat. o. Zoning: Shall indicate the zoning applicable to the land to be platted, subdivided or dedicated and of the land adjacent and contiguous. Project Information Sheet: An eight and one-half inch by eleven inch (8- 1/2" x 11") sheet ef-papeF listing the following information: a. Job address, b. Property owner's name, c. King County Tax ^«sser-'s parcel number, d. Legal description of property. Project Narrative: A clear and concise description and summary of the proposed project, including the following: a. Project name, size and location of site, b. Zoning designation of the site and adjacent properties, c. Current use of the site and any existing improvements, d. Special site features (i.e., wetlands, water bodies, steep slopes), ATTACHMENT A - 81 AGENDA ITEM # 7, c) ORDINANCE NO. e. Statement addressing soil type and drainage conditions, f. Proposed use of the property and scope of the proposed development (i.e., height, square footage, lot coverage, parking, access, etc.), g. Proposed off -site improvements (i.e., installation of sidewalks, fire hydrants, sewer main, etc.), h. Total estimated construction cost and estimated fair market value of the proposed project, i. Estimated quantities and type of materials involved if any fill or excavation is proposed, j. Number, type and size of trees to be removed, k. Explanation of any land to be dedicated to the City, and I. For shoreline applications only: i. Name of adjacent water area or wetlands, ii. Nature of existing shoreline — describe: • Type of shoreline (i.e., lake, stream, lagoon, march, bog, floodplain, floodway); and • Type of beach (i.e., accretion, erosion, high bank -low bank); • Type of material (i.e., sand, gravel, mud, clay, rock, riprap); • The extent and type of any bulkheading, and ATTACHMENT A - 82 AGENDA ITEM # 7. c) ORDINANCE NO. iii. The number and location of structures and/or residential units (existing and potential) which might have views obstructed as a result of the proposed project, and m. The proposed number, size, and density of the new lots, for subdivision applications only. Project Narrative, Routine Vegetation Management: A project narrative report shall include the following elements: a. A time schedule for all mechanical equipment activities or routine vegetation management activities; b. A plan for the specific work to be performed; c. For routine vegetation management on undeveloped properties, the narrative shall include: tree topping, and i. Standards and criteria to be used for routine tree trimming and ii. Standards and criteria to be used for ground cover management, iii. Standards and criteria to be used in determining the location for use of chemicals including insecticides and herbicides; d. For use of mechanical equipment the narrative shall include: equipment, i. The type of equipment to be used, ii. A description of the specific work to be accomplished using the ATTACHMENT A - 83 AGENDA ITEM # 7, c) ORDINANCE NO. iii. The measures proposed to protect the site and adjacent properties from the potential adverse impacts of the proposed work and equipment operation. Project Sequencing Plan: A narrative that outlines what order development phases will be built in and at what estimated times they will be developed within the life of the associated Master Plan. Proposal Description: A complete, unabridged copy of the proposal (i.e., draft ordinance, resolution, plan or policy) and all attachments. Proposal Summary: A concise description of the scope, intent and timing of the proposal. Public Works Approval Letter: Written confirmation from the Development SeFViees Planning Division Plan Review Development Engineering Manager or designee section that all required improvements have been substantially installed or deferred and authorizing the submittal of the final plat, final short plat, final binding site plan, or final PUD application. 17. Definitions Q: (Reserved) 18. Definitions R: Radio Frequency (RF) Emissions Report: A document completed and/or signed by a radio frequency (RF) engineer that provides information on the radio frequency emissions emanating from the small cell deployment. The RF emissions report shall including information proving that the small cell deployment will be compliant with all Federal Communications Commission (FCC) and other ATTACHMENT A - 84 AGENDA ITEM # 7. c) ORDINANCE NO. governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility will operate. Record Drawings: Plans prepared by a State of Washington licensed civil engineer in compliance with the City of Renton Survey and Drafting Standards. Residential Drainage Application: An application package including, but not limited to, the following: a. Residential drainage permit application; b. Residential roadway/drainage improvement determination: A document obtained from Development Engineering describing the improvements and associated submittal requirements based on the City's codes and regulations; c. Site plan; d. Best management practices design and maintenance details; e. Erosion and sediment control plan, small site, or construction stormwater pollution prevention plan; f. Written drainage assessment prepared in accordance with the City of Renton Surface Water Desien Manual: L. Geotechnical report; h. Covenants, draft; i. Receipt for civil construction permit, if applicable; and L Deeds to City for any land to be dedicated including real estate excise tax affidavit, if applicable. ATTACHMENT A - 85 AGENDA ITEM # 7, c) ORDINANCE NO. Revocable Right of Way Permit Application: An application package that includes the following: a. Revocable right of way permit application form; b. A written description/justification setting forth the reasons in favor of the application and addressing the criteria listed in RMC 9-2 Excess Right of Way Use; c. Construction plans in conformance with the City of Renton Survey and Drafting Standards. Rezone Justification: A written statement and other information provided by the applicant to support the rezone which may include, but is not limited to: letters, photographs, site development plans, market research reports, and land use maps indicating in a clear and concise manner why the rezone application should be granted and that the rezone request is timely. Roadway Construction Plans: Plans prepared by a State of Washington licensed civil engineer as detailed by the document "City of Renton Survey and Drafting Standards ", unless otherwise approved by the Planning Division Development Engineering Manager or designee Development SeFviees I)iv*s*en 19. Definitions S: Screening Detail, Refuse/Recycling: A detailed plan drawing, prepared to scale, showing location within property boundaries, heights, elevations, and building materials of proposed screening or of proposed plantings. ATTACHMENT A - 86 AGENDA ITEM # 7. c) ORDINANCE NO. Service Area Map: A map showing the service area of the proposed wireless communication facility and an explanation of the need for that facility. Shoreline Conditional Use Justification: A written statement setting forth the reasons in favor of the shoreline conditional use permit application and addressing the criteria listed in RMC 4-9-190.1.5.b which are used by the Hearing Examiner in reviewing the permit request. Shoreline Variance Justification: A written statement setting forth the reasons in favor of the shoreline variance application and addressing the criteria listed in RMC 4-9-190.1.4.b which are used by the Hearing Examiner when reviewing the variance request. Short Plat or Binding Site Plan Map, Final: A plan, with a two-inch (2") border on the left edge and one-half inch (1/2") on all other sides, prepared by a State of Washington registered land surveyor in accordance with RCW 18.43.010, General Provision, as it exists or may be amended, and/or chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet (1" = 40') on eighteen inch by twenty-four inch (18" x 24") plan sheet(s) (or other scale approved by the Planning Division Director). The reproducible original shall be in black ink on paper s*,bbi'"^a a.ra-40RO film and shall include the following: a. Name and location of the short plat or binding site plan, b. Space reserved for "City of Renton file number" (large type) at top of first sheet, ATTACHMENT A - 87 AGENDA ITEM # 7. c) ORDINANCE NO. c. Space reserved for "City of Renton land record number" (small type) at bottom left of first sheet, d. Legal description of the property, e. Date, graphic scale, and north arrow, f. Vicinity map (a reduced version of the "neighborhood detail map" as defined above), g. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations, as well as all utilities, streets, existing and new easements and associated covenants within or abutting the short plat. If a new easement is created on the plat, it must show grantee of easement rights. If the grantee is the City, a statement of easement provisions reserving and conveying the easement, with a description of the rights and purposes, needs to be made on the short plat, h. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with ownership. Lot lines with all property lines dimensioned and square footage of each lot, i. Lot numbers, j. Addresses for each lot and new street names determined by the Department in accordance with the street grid system regulations of chapter 9-11 RMC, k. Reservations, restrictive covenants, easements and any areas to be dedicated to public use with notes stating their purpose, and any limitations, and ATTACHMENT A - 88 AGENDA ITEM # 7. c) ORDINANCE NO. identifying the grantee. If the grantee is the City, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown, I. Coordinates pursuant to City surveying standards for permanent control monuments, m. All interior permanent control monuments located pursuant to City surveying standards, 130-100, n. Statement of equipment and procedure used pursuant to WAC 332- o. Basis for bearing pursuant to WAC 332-130--1050(1)(b)(iii), p. Date the existing monuments were visited pursuant to WAC 332- 130-050(1)(f)(iv), q. Verification that permanent markers are set at corners of the proposed lots, r. Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated, s. Location, dimensions and square footage of any existing structures to remain within or abutting the plat, t. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, ATTACHMENT A- 89 AGENDA ITEM # 7. c) ORDINANCE NO. and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. approval, u. Reference to all agreements or covenants required as a condition of v. For binding site plans only: provisions requiring site development to be in conformity with the approved binding site plan, w. Certifications by: i. A State of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set, ii. The King County Department of Health that the proposed septic system(s) is acceptable to serve the plat if not served by sewer, x. Signature and date line for: i. All property owners (signatures must be notarized with an ink stamp), ii. The King County Assessor, iii. The Public Works Administrator. Short Plat Map, Preliminary: A fully dimensioned plan, drawn at a scale of one inch equals forty feet (1" = 40') on an eighteen inch by twenty-four inch (18" x 24") plan sheet (or other size or scale approved by the Development c,,.-Yiees Planning Division Director or designee) and including the following information: number); a. Name of the proposed short plat (and space for the future City file ATTACHMENT A - 90 AGENDA ITEM # 7. c) ORDINANCE NO. b. Names and addresses of the engineer, licensed land surveyor, and all property owners; c. Legal description of the property; d. Date, graphic scale, and north arrow oriented to the top of the papeF/plan sheet; e. Vicinity map (a reduced version of the "neighborhood detail map" as defined above); f. A drawing of the subject property with all existing and proposed property lines dimensioned, indicating the required yards (setbacks) with dashed lines; g. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights -of -way, showing how access will be provided to all lots; h. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations; i. Contours and elevations at minimum five foot (5') vertical intervals to the extent necessary to predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least one hundred feet (100') beyond the boundaries of the proposed short plat; j. Location and dimensions of any existing and proposed structures, existing trees on and abutting the site, existing or proposed fencing or retaining walls, freestanding signs, and easements; ATTACHMENT A - 91 AGENDA ITEM # 7, c) ORDINANCE NO. k. Location of existing conditions on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width; I. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area; and plat plan: m. A legend listing the following included on the first sheet of the short L Short plat, ii. Proposed number of lots, iii. Zoning of the subject site, iv. Proposed square footage in each lot, and v. Percentage of land in streets and open space. Sign and Channelization Plan: Plans prepared by a State of Washington licensed civil engineer as detailed by the document City of Renton Survey and Drafting Standards, unless otherwise approved by the Planning Division Development Engineering Manager or designee. Sign Plans: A twenty four inch by thirty-six inch (24" x 36") plan drawn by a State of Washington licensed architect at a scale of one inch equals twenty feet ATTACHMENT A - 92 AGENDA ITEM # 7. c) ORDINANCE NO. (1" = 20') or one inch equals forty feet (1" = 40') (or other size plan sheet or scale approved by the Building Official) clearly indicating the following: a. Footing connections to building, size of supports and materials used in supports and sign itself, b. Elevation showing size and height of any proposed freestanding or projecting signs clearly indicating ground clearance and clearance to overhead power lines, and c. Elevation of building facade for any proposed wall signs showing dimensions of the building as well as existing and proposed wall signs. Site Plan: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" = 20') (or other scale approved by the Develepment SePAGes Planning Division Director or designee) clearly indicating the following: sheet, a. Name of proposed project, b. Date, scale, and north arrow oriented to the top of the plan c. Drawing of the subject property with all property lines dimensioned and names of adjacent streets, d. Widths of all adjacent streets and alleys, e. The location of all existing public improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage, ATTACHMENT A - 93 AGENDA ITEM # 7, c) ORDINANCE NO. f. Location and dimensions of existing and proposed structures, parking and loading areas, driveways, existing trees on and abutting the site, existing or proposed fencing or retaining walls, freestanding signs, easements, refuse and recycling areas, freestanding liquid fixtures, utility junction boxes, public utility transformers, storage areas, buffer areas, open spaces, and landscaped areas, g. The location and dimensions of natural features such as streams, lakes, marshes and wetlands. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width, h. Ordinary high water mark, existing and proposed, and name of water body if applicable, i. For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color(s) for the facility, sheets: j. A legend listing the following must be included on one of the site plan i. Total square footage of the site, ii. Square footage (by floor and overall total) of each individual building and/or use, iii. Total square footage of all buildings (footprint of each building), iv. Percentage of lot coverage, ATTACHMENT A - 94 AGENDA ITEM # 7. c) ORDINANCE NO. habitat), v. Square footage of all landscaping (total, parking lot, and wildlife vi. Allowable and proposed building height, vii. Building setbacks required by Code, viii. Proposed building setbacks, ix. Parking analysis, including: provided, by use, • Number of stalls required, by use; number of stalls • Sizes of stalls and angles, • Location and number of handicap stalls, compact, employee and/or guest parking stalls, • Location and size of curb cuts, • Traffic flow within the parking, loading, and maneuvering areas and ingress and egress, • Location of wheel stops, • Loading space, • Stacking space, • Location and dimensions of bicycle racks, carpool parking spaces, and other facilities designed to accommodate access to the site, • Square footage of interior parking lot landscaping. ATTACHMENT A - 95 AGENDA ITEM # 7, c) ORDINANCE NO. k. Footprint of all proposed buildings showing the location of building entrances, window openings, and landscape features (required for Urban Center Design Overlay District review packet only), I. Footprint of all abutting and adjacent buildings showing the location of building entrances, window openings, and landscape features (required for Urban Center Design Overlay District review packet only), m. For nonconforming use or structure rebuild approval permits: draw on the scaled plan the exact sizes and locations of existing structures and uses, whether damaged or not; write on the scaled plan the dates these structures/uses were established; on a separate sheet, identify the subject property, abutting lots and buildings and list adjacent and abutting land uses. Site Plan, Commercial, Industrial, Multi -Family: A twenty-four inch by thirty-six inch (24" x 36") plan drawn by a State of Washington licensed architect at a scale of one inch equals twenty feet (1" = 20') or one inch equals forty feet (1" = 40') (or other size plan sheet or scale approved by the Building Official) clearly indicating the following: a. Scale and north arrow, b. Legal description, c. Location, identification, and dimensions of all buildings, property lines, setbacks, streets, alleys and easements, d. Condition of all public rights -of -way and verification of right to use easements, ATTACHMENT A - 96 AGENDA ITEM # 7. c) ORDINANCE NO. e. Off-street parking layout and driveways, f. Curbs, gutters, sidewalks, paving, storm drainage, meters (domestic and fire), and grease interceptors, elevations, g. Grading plan showing proposed and existing contours and site h. Landscaped areas, irrigation meters, i. Lighting and sign structures (new and existing), j. Location of garbage containers and recycling storage, k. Fire hydrant locations (new and existing) within three hundred feet (300') of building, I. For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color(s) for the facility, sheet): m. General notes addressing the following (may be listed on cover i. Full name of the project, ii. Name, address, and telephone number of owner and agent(s), iii. Existing zoning of the project site, iv. Area, in square feet, of the project site, v. Reference to the current International Building Code (i.e., IBC and date of current adopted version), ATTACHMENT A- 97 AGENDA ITEM # 7. c) ORDINANCE NO. vi. Proposed use of each building (if multi -family, the number of dwelling units), vii. IBC occupancy group designation, viii. IBC type of construction of all buildings, ix. Allowable and proposed building height and number of stories of new buildings, x. Square footage (by floor and overall total) of each individual building and/or use, habitat), xi. Total square footage of all buildings (footprint of each building), xii. Allowable area calculation, xiii. Occupancy load (maximum capacity) of each building, xiv. Percentage of lot coverage, xv. Square footage of all landscaping (total, parking lot, and wildlife xvi. Seismic zone of the project site (e.g., Zone 3), xvii. Floor, roof, and wind design loads, xviii. Identity of special inspection agency selected by the owner to perform special inspections, xix. Building setbacks required by Code, xx. Proposed building setbacks, xxi. Parking analysis, including: ATTACHMENT A - 98 AGENDA ITEM # 7. c) ORDINANCE NO. provided, by use, • Number of stalls required, by use; number of stalls • Sizes of stalls and angles, • Location and number of handicap stalls, compact, employee and/or guest parking stalls, • Location and size of curb cuts, • Traffic flow within the parking, loading, and maneuvering areas and ingress and egress, • Location of wheel stops, • Loading space, • Stacking space, and • Square footage of interior parking lot landscaping. Site Plan, Sign: A twenty-four inch by thirty_six inch (24" x 36") plan drawn at a scale of one inch equals twenty feet (1" = 20') or one inch equals forty feet (1" = 40') (or other size plan sheet or scale approved by the Building Official) clearly indicating the following: ATTACHMENT A - 99 AGENDA ITEM # 7. c) ORDINANCE NO. a. Scale and north arrow, b. Location, identification and dimensions of all buildings, property lines, existing and proposed signs, streets, alleys and easements, and the setbacks from property lines and easements, trees to be removed or altered, distance in feet from any critical areas/buffers, sheet): c. Location and dimensions of off-street parking layouts and driveways, d. Location and dimensions of the landscaped areas, e. General notes addressing the following (may be listed on cover i. Note if any proposed signage will flash or be animated, ii. Name, address and telephone number of owner and agent(s), iii. Zoning of the project site, iv. Street frontage(s) (in feet) for the site or, for multiple tenants building, indicate frontage of individual tenant space, existing signs, v. Type (e.g., freestanding, wall, etc.), size and number of all vi. Type, size and number of all proposed signs, vii. Reference to the current Uniform Sign Code (USC and year of current adopted version), and viii. Wind design loads. Site Plan, Single Family/Duplex: An eight and one-half inch by eleven inch (8-1/2" x 11") plan drawn at a scale of one inch to twenty feet (1" to 20') or one ATTACHMENT A - 100 AGENDA ITEM # 7. c) ORDINANCE NO. inch to forty feet (1" to 40') (or other size plan sheet or scale approved by the Building Official) clearly indicating the following: a. Legal description, b. Explanation of scope of work, c. Existing and proposed construction labeled and differentiated by pattern or line type, lines, areas, d. Dimensions of all property lines and all building setbacks to property e. Dimensions and labels for all streets, alleys, easements, and critical f. Lot size in square feet, g. Location and footprint size in square feet of all existing and proposed structures on property including decks, carports, storage sheds, and garages, sidewalks, h. Location and dimensions of approaches, driveways and public L Elevation at property corners and contour lines at two foot (2') height intervals, showing proximity to steep slopes, j. Finished floor elevation for properties located within a flood zone, k. The location, height and length of retaining walls, rockeries, etc., I. Location and distance in feet of nearest fire hydrant to structure, m. Location of any pool/spa and setback dimensions to property lines and the location of the required six foot (6') fence, and ATTACHMENT A - 101 AGENDA ITEM # 7, c) ORDINANCE NO. n. Location of all trees on and abutting the site. Indicate which trees are to be removed and depict drip lines for those trees to be- retained. Siting Process Report for Use Permits for Secure Community Treatment Facilities (SCTF), Crisis Diversion Facilities (CDF) or Crisis Diversion Interim Service Facilities (CDIS): A narrative report describing the process used to evaluate alternative sites for the proposed SCTF, CDF or CDIS activity and the basis for the recommendation to locate the facility at the recommended site. A minimum of three alternative sites shall be addressed. Source Statement, Fill Material, Aquifer Protection Area: A source statement providing the following information: a. The source location of imported fill; b. Previous land uses of the source location; c. Whether or not earth materials to be removed from the source location are native, undisturbed soil; d. Whether or not the source location appears on government lists of contaminated sites including those developed pursuant to the State Model Toxics Control Act and the Federal Comprehensive Environmental Response, Compensation, and Liability Act; e. Results of sampling and analysis pursuant to RMC 4-4-060.N.4.h, MateFia' Sample Sampling and Analysis Procedures; and ATTACHMENT A - 102 AGENDA ITEM # 7. c) ORDINANCE NO. f. Whether or not imported fill meets fill quality standards described in RMC 4-4-060.N.4.a, Fill "",+^r"', Construction, Demolition and Land Clearing Waste Prohibited, and RMC 4-4-060N.4.b, Pill MateF«', Cleanliness of Fill Material. Special Inspection: A building inspection as required to property lines and the location of the required six foot (6) fence. Stream and Lake Data: Repealed by Ord. 5137. Stream or Lake Mitigation Plan, Preliminary: The mitigation plan must ensure compensation for impacts that result from the chosen development alternative or from a violation as identified in the impact evaluation. A mitigation plan must include: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Administrator): L The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified b+eieg+st consultant pursuant to RMC 4-3-050.G.7 (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton Water Class Map as identified in the City of Renton's COR Maps, the City's online interactive mapping application available through the City's website, or RMC 4-3- 090 (if unclassified, see "Supplemental Stream or Lake Study"); ATTACHMENT A - 103 AGENDA ITEM # 7, c) ORDINANCE NO. iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage flow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hundred feet (100') upstream and downstream from the property line. Include position, species, and size of all trees of at least six inch (6") caliper and larger, fifty four inches (54") above grade, and the location, size and species of all protected trees on the site that are within one hundred feet (100') of the OHWM, and the location of any measures to protect trees on and abutting the site; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater management facilities, wastewater treatment and installations in relation to the stream/lake and its/their buffer(s); x. Location of site access, ingress and egress; and ATTACHMENT A - 104 AGENDA ITEM # 7. c) ORDINANCE NO. xi. Location of where all mitigation or remediation measures have taken place on the site, or are proposed to take place. b. Mitigation narrative, formatted to eo eight and one -half -inches (8.5") by eleven -inches (11"), papeF shall includes the following elements: i. Description of the mitigation plan, which includes a summary of mitigation proposal required in the supplemental stream or lake study; and ii. Performance standards with specific criteria provided for evaluating whether or not the goals and objectives of the project are achieved; and iii. Documentation of coordination with appropriate local, regional, special district, state, and federal regulatory agencies; and 4-3-050_1; and iv. Evaluation of each of the mitigation plan criteria found in RMC v. Analysis, for projects proposing buffer reduction with buffer averaging, of the effectiveness of the proposed Buffer Enhancement shall be provided. Additionally, a detailed analysis of the project's compliance with each of the following criteria: their habitat; and (a) It will provide an overall improvement in water quality; and (b) It will provide an overall enhancement to fish, wildlife, or (c) It will provide a net improvement in drainage and/or stormwater detention capabilities; and ATTACHMENT A - 105 AGENDA ITEM # 7, c) ORDINANCE NO. (d) It will not be materially detrimental to any other property or the City as a whole; and (e) It will stabilize all exposed areas with native vegetation, as appropriate; and vi. An analysis, for projects proposing buffer averaging, of the effectiveness of the proposed Buffer Enhancement, as well as documentation that the proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905 shall be provided. Additionally, detailed analysis of the project's compliance with each of the following criteria: (a) There are existing physical improvements in or near the water body and associated riparian area; and (b) Buffer width averaging will result in no net loss of stream/lake/riparian ecological function; and (c) The total area contained within the buffer after averaging is no less than that contained within the required standard buffer width prior to averaging. Stream or Lake Study, Standard: A report shall be prepared by a qualified biologist and include the following information: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Community and Economic Development Administrator): ATTACHMENT A - 106 AGENDA ITEM # 7, c) ORDINANCE NO. L The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified bielegist consultant pursuant to RMC 4-3-050.G.7t44, Streams and Lakes, (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton's COR Maps, the City's online interactive mapping application available through the City's website, for the City of Renton Water Class or RMC 4-3-090 (if unclassified, see "Supplemental Stream or Lake Study" below); iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage flow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; ATTACHMENT A - 107 AGENDA ITEM # 7, c) ORDINANCE NO. viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hundred feet (100') upstream and downstream from the property line. Include position, species, and size of all trees of at least six inch (6") caliper and larger, fifty-four inches (54") above grade, and the location, size and species of all protected trees on the site that are within one hundred feet (100') of the OHWM, and the location of measures to protect trees on and abutting the site; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater management facilities, wastewater treatment and installations in relation to the stream/lake and its/their buffer(s); and x. Location of site access, ingress and egress. b. Grading Plan: A grading plan prepared in accordance with RMC 4-8- 120.D.7, and showing contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater. c. Stream or Lake Assessment Narrative: A narrative report, formatted tom eight and one-half inches (8.5") by eleven -inches (11"),. $apex shall be prepared to accompany the site plan and describes: i. The stream or lake classification as recorded in the City of Renton's COR Maps, the City's online interactive mapping application available through the City's website, for the City of Renton Water Class or RMC 4-3-090; ATTACHMENT A - 108 AGENDA ITEM # 7. c) ORDINANCE NO. ii. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland areas, and flood hazard areas extending one hundred feet (100') upstream and downstream from the property line, including the impacts of the proposal on the identified vegetation; iii. The ecological functions currently provided by the stream/lake and existing riparian area and the impacts of the proposal on the identified ecological functions; iv. Observed or reported fish and wildlife that make use of the area including, but not limited to, salmonids, mammals, and bird nesting, breeding, and feeding/foraging areas, including the impacts of the proposal on the identified fish and wildlife; v. Measures to protect trees, as defined in RMC 4-11-200, and vegetation; and vi. For shorelines regulated under RMC 4-3-090, Shoreline Master Program Regulations, the study shall demonstrate if the proposal meets the criteria of no net loss of ecological functions as described in RMC 4-3-090_D 2. If the proposal requires mitigation for substantial impacts to the existing vegetation buffer in order to demonstrate no net loss of ecological functions, a supplemental stream or lake study is required. Stream or Lake Study, Supplemental (AKA Mitigation Plan, Final): The application shall include the following information: ATTACHMENT A - 109 AGENDA ITEM # 7, c) ORDINANCE NO. a. Unclassified Stream Assessment: If the site contains an unclassified stream, a qualified biologist shall provide a proposed classification of the stream(s) based on RMC 4-3-050.G.7, Streams and Lakes,t4 and a rationale for the proposed rating. b. Analysis of Alternatives: A supplemental report, formatted to ee eight and one-half inches (8.5") by eleven inches (11"), papeFprepared by a qualified biologist shall evaluate alternative methods of developing the property. The following alternatives shall be analyzed, including justification of the feasibility of each alternative: i. Avoid any disturbances to the stream, lake or buffer by not taking a certain action, by not taking parts of an action, or by moving the action; ii. Minimize any stream, lake or buffer impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce the impacts; iii. Rectifying the impacts by repairing, rehabilitating, or restoring the affected area; iv. Reducing or eliminating the adverse impact over time by preservation and maintenance operations over the life of the action; v. Compensate for any stream, lake or buffer impacts by replacing, enhancing, or providing similar substitute resources or environments and monitoring the impact and taking appropriate corrective measures ATTACHMENT A - 110 AGENDA ITEM # 7. c) ORDINANCE NO. c. Impact Evaluation: i. An impact evaluation for any unavoidable impacts prepared by a qualified biologist, to include: (a) Identification, by characteristics and quantity, of the resources (stream, lake) and corresponding functional values found on the site; (b) Evaluation of alternative locations, design modifications, or alternative methods of development to determine which option(s) reduce(s) the impacts on the identified resource(s) and functional values of the site; (c) Determination of the alternative that best meets the applicable approval criteria and identify significant detrimental impacts that are unavoidable; (d) Evaluation of the cumulative impacts on the system, to the extent that the site resources and functional values are part of a larger natural system such as a watershed; (e) Evaluation, for shorelines regulated by RMC 4-3-090, of how the preferred alternative achieves the standard of no net loss of ecological functions under RMC 4-3-090_D.2; (f) Evaluation of each of the mitigation plan criteria found in RMC 4-3-9=59KI4-3-0501.1, Mitigation Plan Required. ii. For a violation, the impact evaluation must also include: (a) Description, by characteristics and quantity, of the resource(s) and functional values on the site prior to the violations; and ATTACHMENT A - 111 AGENDA ITEM # 7, c) ORDINANCE NO. (b) Determination of the impact of the violation on the resource(s) and functional values. d. Mitigation Proposal Shall Include the Following: i. A site plan, at a scale approved by the City, containing all the elements of the site plan required in the standard stream and lake study, and the following: (a) Indication of where proposed mitigation or remediation measures will take place on the site; (b) Separate indication of areas where revegetation is to take place and areas where vegetation is anticipated to be removed; (c) Measures to protect trees on and abutting the site; and (d) Any other areas of impact with clear indication of type and extent of impact indicated on site plan. ii. A mitigation narrative, formatted tom eight and one-half inches (8.5") by eleven inches (11"), paper addressing all of the following: (a) Resource(s) and functional values to be restored, created, or enhanced on the mitigation site(s); (b) Environmental goals, objectives, and performance standards to be achieved by mitigation; (c) Discussion of compliance with criteria or conditions allowing for the proposed stream/lake alteration or buffer reduction or buffer averaging, and a discussion of conformity to applicable mitigation plan approval criteria; ATTACH MENT A- 112 AGENDA ITEM # 7. c) ORDINANCE NO. (d) A review of the best available science supporting the proposed request fora reduced standard and/or the method of impact mitigation; a description of the report author's experience to date in restoring or creating the type of critical area proposed; and an analysis of the likelihood of success of the compensation project; and (e) Cost estimates for implementation of mitigation plan for purposes of calculating surety device. iii. For shorelines regulated by RMC 4-3-090, a discussion of how the proposed plans meet or exceed the standard of no net loss of ecological functions under RMC 4-3-090_D 2; iv. The proposed construction schedule. e. Monitoring and Maintenance Plan: The plan s#all he AR formatted to eight and one-half inches (8.5") by eleven inches (11"),, papeF that shall includes the following elements: i. Operations and maintenance practices for protection and maintenance of the site; and ii. Monitoring and evaluation procedures, including minimum monitoring standards, measurable success criteria, and timelines (i.e., annual, semi-annual, quarterly); and mitigation. iii. Contingency plan with remedial actions for unsuccessful ATTACHMENT A - 113 AGENDA ITEM # 7, c) ORDINANCE NO. f. Surety Device: A surety device in one hundred fifty percent (150%) of the estimated cost of remedial actions if the mitigation plan is unsuccessful must be filed with the City of Renton. g. Permit Conditions: Any compensation project prepared for mitigation pursuant to RMC 4-3-050 and approved by the City shall become part of the application for project approval. h. Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. Street Lighting/Illumination Plan: A twenty-two inch by thirty-four inch (22" x 34") plan Drawing showing the proposed lighting system, including luminaries, latitude and longitude location of the luminaries, junction boxes, electric wiring, and wiring diagrams using the same scale as the utility plans (or as approved by the Develepment SeFVirzes Planning Division Development Engineering Manager or designee ) and conforming to the standards detailed by the document City of Renton Survey and Drafting Standards and the City of Renton Street Light/Illumination Standards. ATTACHMENT A - 114 AGENDA ITEM # 7. c) ORDINANCE NO. Structural Calculations: An analysis of loads, materials, etc., prepared and stamped by a State of Washington licensed professional engineer. Structural Plans: Twenty-four inch by thirty-six inch (24" x 36") plans prepared and stamped by a State of Washington licensed professional engineer drawn at a scale of one -eighth inch equals one foot (1/8" = 1') (or other size or scale approved by the Building Official) clearly indicating the information required by the currently adopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide ,"'^^d_R;eR*Fr), including, but not limited to, the following: a. Structural members labeled as to size and spacing as well as bracing, blocking, bridging, special connectors, and anchor bolts, b. Cross-section details, as needed, to show typical foundation, floor, wall, ceiling and roof construction; insulation of walls, floors and roof/ceiling, and c. Details of stairs, fireplaces and special construction, if any. Survey: A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot (1') in ten thousand feet (10,000') per City surveying standards. Shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or re-established corners with ATTACHMENT A - 115 AGENDA ITEM # 7. c) ORDINANCE NO. descriptions of the same and the actual traverse showing error of closure and method of balancing. 20. Definitions T: Technical Information Report: See Drainage Report definition. Topography Map: A map showing the existing land contours using vertical intervals of not more than five feet (Y). For any existing buildings the map shall show the finished floor elevations of each floor of the building. Traffic Signal Plan: A twenty-two inch by thirty-four inch (22" x 34") plan showing the proposed traffic signal system using the same scale as the utility plans (or as approved by the Planning Division Development Engineering Manager or designee) and conforming to the standards detailed by the document City of Renton Survey and Drafting Standards and the City of Renton Traffic Signal Standards. Traffic Study: A report prepared by a State of Washington licensed engineer containing the elements and information identified in the City of Renton "Policy Guidelines for Traffic Impact Analysis of New Development" in sufficient detail to define potential problems related to the proposed development and identify the improvements necessary to accommodate the development in a safe and efficient manner. Tree Retention/Land Clearing (Tree Inventory) Plan: A completed tree retention worksheet accompanied by a full dimensional plan, drawn by a certified arborist or a licensed landscape architect, based on finished grade, drawn at the ATTACHMENT A - 116 AGENDA ITEM # 7. c) ORDINANCE NO. same scale as the project site plan with the northern property line at the top of the papef--sheet clearly showing the following: a. All property boundaries and adjacent streets; b. Location of all areas proposed to be cleared; c. Species and sizes of vegetation to be removed, altered or retained and the boundaries and predominant species of stands of trees consisting of five (5) or more trees. This requirement applies only to trees six inch (6") caliper and larger, fifty-four inches (54") above grade, and the location, size and species of all protected trees on the site; d. For trees proposed to be retained, a complete description of each tree's health, condition, and viability; e. For trees proposed to be retained, a description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case -by -case basis description for individual trees); f. For trees proposed to be preserved within a tree protection tract, any special instructions for maintenance (e.g., trimming, ground clearing, root pruning, monitoring, aftercare, etc.); g. For trees not viable for retention, the reason(s) for removal based on poor health, high risk of failure due to structure, defects, unavoidable isolation (i.e., high blow down potential), or unsuitability of species, etc., and for which no reasonable alternative action is possible (pruning, cabling, etc.); ATTACHMENT A - 117 AGENDA ITEM # 7, c) ORDINANCE NO. h. A description of the impact of necessary tree removal to the remaining trees, including those in a grove or on abutting properties; i. For development applications, a discussion of timing and installation of tree protection measures that must include fencing and be in accordance with the tree protection standards as outlined in RMC 4-4-130.H.9, Protection Measures During Construction; j. The suggested location and species of supplemental trees to be used when required. The report shall include planting and maintenance specifications; k. Future building sites and drip lines of any trees which will overhang/overlap a construction line; I. Location and dimensions of rights -of -way, utility lines, fire hydrants, street lighting, and easements; m. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan; n. For allowed activities, including allowed exemptions, modifications, and variances, show all trees proposed to be removed in priority tree retention areas: slopes twenty-five percent (25%) to thirty-nine percent (39%), high or very high landslide hazard areas, and high erosion hazard areas; o. Show trees to be removed in protected critical areas: wetlands, Shorelines of the State, streams and lakes, floodways, floodplain slopes forty percent (40%) or greater, very high landslide hazard areas, and critical habitat if the activity is ATTACHMENT A - 118 AGENDA ITEM # 7. c) ORDINANCE NO. exempt or allowed by the critical areas regulations in RMC 4-3-050.C.3-5, Exemptions — Critical Areas and Buffers Spes+f a Exempt-iens — r.;+;eal seas ..,a p. Show all trees to be retained in critical area buffers; and q. In all other areas of the site, trees to be removed may be indicated generally with clearing limit lines except for protected trees. The location, size, and species of all protected trees on a site shall be shown. The plan shall also differentiate any approved replacement trees from the protected trees. Replacement trees may be authorized in accordance with RMC 4-4-130.H.1.e, Replacement Requirements, and the number of replacement trees shall be determined pursuant to any planned replanting areas in accordance with RMC 4- 4-130.H.1.c, Calculating Tree Retention. 21. Definitions U: Urban Design Regulations Review Packet: A set of submission materials required for projects subject to the Urban Design Regulations in RMC 4-3-100: a. Site plan, land use review; b. Elevations, architectural; c. Floor plans general; d. Narrative outlining how the applicant's proposal addresses the City's Urban Design Regulations. Utilities Construction Plans, Wastewater and Water: Plans prepared by a State of Washington licensed civil engineer as `*'"detailed by the document ATTACHMENT A - 119 AGENDA ITEM # 7, c) ORDINANCE NO. —"City of Renton Survey and Drafting Standards.."", unless otherwise approved by the Planning Division Development Engineering Manager or designee. Utilities Plan, Generalized: A plan drawn on twenty-two inch by thirty-four inch (22" x 34") plan sheets using a graphic scale of one inch equals twenty feet (1" = 20') (or other scale or size approved by the Development SeFYiees planning Division's Divisien Dlan R&APN SupeFYOSO. Development Engineering Manager or designee) clearly showing all existing (to remain) and proposed public or private improvements to be dedicated or sold to the public including, but not limited to: curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, refuse areas, signage, freestanding lighting fixtures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to remain) structures shall be shown. 22. Definitions V: Variance Justification: A written statement setting forth the reasons in favor of the application and addressing the criteria listed in RMC 4-9-250.B.5 which are used by the Hearing Examiner or Community and Economic Development Administrator when reviewing the variance request. Vegetation Management Plan: A plan prepared by a qualified professional that details how to preserve, maintain, enhance, or establish native vegetation within a Vegetation Conservation Buffer required by the Shoreline Master Program Regulations in RMC 4-3-090. The plan shall describe actions that will be ATTACHMENT A - 120 AGENDA ITEM # 7. c) ORDINANCE NO. implemented to ensure that buffer areas provide ecological functions equivalent to a dense native vegetation community to the greatest extent possible. It shall also specify what is necessary to maintain the required vegetation over the life of the use and/or development, consistent with the provisions of RMC 4-3-090.F.1.i, Vegetation Management. 23. Definitions W: Wetland Assessment: A wetland assessment includes the following: a. A description of the project and maps at a scale no smaller than one inch equals two hundred feet (1" = 200') showing the entire parcel of land owned by the applicant and the wetland boundary surveyed by a qualified surveyor, and pursuant to RMC 4-3-050.F_2, Plans and Studies Required; b. A description of the vegetative cover of the wetland and adjacent area including identification of the dominant plant and animal species; c. A site plan for the proposed activity at a scale no smaller than one inch equals two hundred feet (1" = 200') showing the location, width, depth and length of all existing and proposed structures, roads, stormwater management facilities, sewage treatment and installations within the wetland and its buffer; d. The exact locations and specifications for all activities associated with site development including the type, extent and method of operations; e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than five feet (5') or at a contour interval appropriate to the site topography and acceptable to the City; ATTACHMENT A - 121 AGENDA ITEM # 7, c) ORDINANCE NO. to scale; f. Top view and typical cross-section views of the wetland and its buffer g. The purposes of the project; h. Such other information as may be needed by the City, including but not limited to a study of hazards if present on site, the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Section. Wetland Mitigation Plan — Final: A final wetland mitigation plan shall include: a. Baseline Information: A written assessment and accompanying maps of the impacted wetland including, at a minimum, a wetland delineation by a qualified wetland specialist; existing wetland acreage; vegetative, faunal and hydrologic characteristics; an identification of direct and indirect impacts of the project to the wetland area and wetland functions; soil and substrata conditions; topographic elevations and compensation site. If the mitigation site is different from the impacted wetland site, the assessment should include at a minimum: existing acreage; vegetative, faunal and hydrologic conditions; relationship within the watershed and to existing water bodies; soil and substrata conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. ATTACHMENT A - 122 AGENDA ITEM # 7. c) ORDINANCE NO. b. Environmental Goals and Objectives: A written report by a qualified wetland specialist shall be provided identifying goals and objectives of the mitigation plan and describing: i. The purposes of the compensation measures including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and resource functions; dates for beginning and completion; and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland or, if out -of -kind, the type of wetland to be emulated; and ii. A review of the best available science and report author's experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, preferably those in the same drainage basins, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project are achieved and ATTACHMENT A - 123 AGENDA ITEM # 7, c) ORDINANCE NO. for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. These criteria will be evaluated and reported pursuant to subsection fe} of this definition, Monitoring and Maintenance Plan and Program. An assessment of the project's success in achieving the goals and objectives of the mitigation plan should be included along with an evaluation of the need for remedial action or contingency measures. d. Detailed Techniques and Plans: Written specifications and descriptions of compensation techniques shall be provided including the proposed construction sequence, grading and excavation details; erosion and sediment control features needed for wetland construction and long-term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagates, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrata stockpiling techniques and planting instructions; descriptions of water control structures and water level maintenance practices needed to achieve the necessary hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross -sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations ATTACHMENT A - 124 AGENDA ITEM # 7. c) ORDINANCE NO. which are appropriate for the desired habitat type(s) and which provide sufficient hydrologic data. The City may request such other information as needed to determine the adequacy of a mitigation plan. e. Monitoring and Maintenance Plan and Program: A program outlining the approach for monitoring construction and development of the compensation project and for assessing a completed project shall be provided in the mitigation plan. i. The plan, formatted to �",'�eight and one-half inches (8.5") by eleven inches (11"), papeF that shall includes the following elements: (a) Operations and maintenance practices for protection and maintenance of the site; and (b) Monitoring and evaluation procedures, including minimum monitoring standards, measurable success criteria, and timelines (i.e., annual, semi-annual, quarterly); and mitigation. (c) Contingency plan with remedial actions for unsuccessful ii. Monitoring may include, but is not limited to: (a) Establishing vegetation plots to track changes in plant species composition and density over time; response; (b) Using photo stations to evaluate vegetation community ATTACHMENT A - 125 AGENDA ITEM # 7, c) ORDINANCE NO. (c) Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); (d) Measuring base flow rates and storm water runoff to model and evaluate hydrologic and water quality predictions; (e) Measuring sedimentation rates; (f) Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity; and (g) A description shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted quarterly for the first year and annually thereafter, and at a minimum, should document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared for mitigation pursuant to RMC 4-3-050.G.9.eA4, Cooperative Wetland Compensation: Mitigation Banks, In -Lieu Fee Programs or Special Area ATTACHMENT A - 126 AGENDA ITEM # 7. c) ORDINANCE NO. Management Programs (SAMP) Wetlands, and approved by the City shall become part of the application for project approval. h. Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. i. Surety Device: A surety device in one hundred fifty percent (150%) of the estimated cost of remedial actions if the mitigation plan is unsuccessful must be filed with the City of Renton. Wetland Mitigation Plan — Preliminary: A preliminary wetland mitigation plan shall include the following: wetlands; a. A site plan demonstrating sufficient area for replacement ratios; b. Proposed planting scheme for created, restored, and enhanced c. Written report, formatted tom eight and one-half inches (8.5") by eleven inches (11"), paw shall include: i. Identifying direct and indirect impacts of the project to the wetland area and wetland functions, environmental goals and objectives, and ATTACHMENT A - 127 AGENDA ITEM # 7, c) ORDINANCE NO. performance standards, and evaluating alternative methods of developing the property using the following criteria in this order: temporarily; (a) Avoiding any disturbances to the wetland or buffer; (b) Minimizing any wetland or buffer impacts; (c) Compensating for any wetland or buffer impacts; (d) Restoring any wetlands or buffer impacted or lost (e) Creating new wetlands and buffers for those lost; and (f) Enhancing an existing degraded wetland to compensate for lost functions and values, in addition to restoring a wetland or creating a wetland. 050. L. ii. Evaluating each of the mitigation plan criteria found in RMC 4-3- iii. For projects proposing a reduction in wetland buffer width with enhancement, providing a detailed analysis of the project's compliance with each of the following criteria: standard buffer, (a) The reduced buffer will function at a higher level than the (b) An enhanced buffer shall never be less than seventy-five percent (75%) of the standard width at its narrowest point, and (c) The buffer area has less than fifteen percent (15%) slopes and no direct or indirect, short-term or long-term, adverse impacts to regulated wetlands, as determined by the City, will result from a regulated activity, and ATTACHMENT A - 128 AGENDA ITEM # 7. c) ORDINANCE NO. (d) The proposal shall rely upon a site -specific evaluation and documentation of buffer adequacy based upon Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecology Publication No. 05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Ecology Publication No. 04-06-008, April 2005), or similar approaches, and (e) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; iv. And, for projects proposing averaging in wetland buffer width with enhancement, providing a detailed analysis of the project's compliance with each of the following criteria: (a) There are existing physical improvements in or near the wetland and buffer; and (b) That width averaging will not adversely impact the wetland function and values; and (c) That the total area contained within the wetland buffer after averaging is no less than that contained within the required standard buffer prior to averaging; and (d) A site -specific evaluation and documentation of buffer adequacy based upon Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecology Publication No. 05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Ecology ATTACHMENT A - 129 AGENDA ITEM # 7. c) ORDINANCE NO. Publication No. 04-06-008, April 2005), or similar approaches have been conducted. The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; and (e) In no instance shall the buffer width be reduced by more than seventy-five percent (75%) of the standard buffer. Greater buffer width reductions require review as a variance pursuant to RMC 4-9-250_13; and (f) An analysis of the effectiveness of the proposed Buffer Enhancement. WSECTrade-Off Form: Manual of Wattsun calculations performed to show compliance with chapter 5 of the current adopted version of the Washington State Residential Energy Code requirements. ATTACHMENT A - 130 AGENDA ITEM # 7. d) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-230.C, 4-2-060.1, 4-2-080.A.40, 4-2-080.A.79, 4-2-110.13, 4-2- 120.C.22, 4-4-070.H.6, 4-4-070.P.3, 4-4-100.C.6, 4-4-100.E.5.e, 4-5-130.B.4, 4-7- 090.B. 4-7-090.E.3, 4-7-090.F.5, 4-8-100.1.3, 4-9-150.D.2.E.ii, 4-9-150.E.3, 4-9- 150.G, 4-9-150.K, 4-9-200.B.2.a, 4-9-200.C.2.b, 4-9-240.J, 4-10-060.13, AND 4-10- 060.H, AND THE DEFINITIONS OF "CLEAR VISION AREA" IN SECTION 4-11-030, "RETAIL, BIG BOX" AND "RETAIL SALES" IN SECTION 4-11-180, DELETING THE DEFINITION OF "BIG BOX RETAIL" IN SECTION 4-11-020, ADDING A DEFINITION OF "WHOLESALE RETAIL" TO SECTION 4-11-230, AND AMENDING SECTION 8-7-4 OF THE RENTON MUNICIPAL CODE, CODIFYING ADMINISTRATIVE CODE INTERPRETATIONS FROM JANUARY 5, 2018 TO OCTOBER 5, 2018, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on October 4, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-1-230.0 of the Renton Municipal Code is amended as shown below. All other provisions in 4-1-230 remain in effect and unchanged. 1 AGENDA ITEM # 7. d) ORDINANCE NO. C. TYPES OF SECURITY ACCEPTED FOR ALL OTHER PURPOSES: The following security devices are acceptable for the purposes of deferral requests, occupancy permit requests in advance of installation of required landscaping or other improvements, critical areas mitigation performance, aP4 critical areas monitoring/maintenance, and landscaping maintenance: 1. Cash; 2. Letter of credit; 3. Set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party; or 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval. 5. Performance or maintenance bond exclusively for the purpose of ensuring continued maintenance of on- or off -site landscaping. SECTION III. Subsection 4-2-060.1 of the Renton Municipal Code is amended as shown on Attachment A. All other provisions in 4-2-060 remain in effect and unchanged. SECTION IV. Subsections 4-2-080.A.40 and 4-2-080.79 of the Renton Municipal Code are amended as shown below. All other provisions of 4-2-080 remain in effect and unchanged. 40. Specified use(s) are permitted when located within the Commercial and Mixed Use (CMU) land use designation. For assisted living facilities, the subiect property shall be south of 1-405, east of SR 167, and west of SR 515. 79. a. Wholesale retail °ig mm uses shall function as an anchor to larger retail developments that are planned as part of an integrated and cohesive center. 2 AGENDA ITEM # 7. d) ORDINANCE NO. b. Wholesale retail ease shall be connected to additional structures within a shopping center with supporting retail or service uses structures with common walls, or plazas, or other similar features, excluding pushcarts/kiosks. c. Buildings oriented along Park Avenue shall have one or more pedestrian entries on Park Avenue. SECTION V. The Rear Yards for Accessory Dwelling Units provisions in the Minimum Setbacks regulations of subsection 4-2-110.13 of the Renton Municipal Code are amended as shown below. All other provisions of 4-2-110.13 remain in effect and unchanged. MINIMUM SETBACKS Front Yard RC, R-1, R-4, R-6, R-8, R-10, R-14 and RMF Setbacks applied to the primary structure also apply to accessory structures. Accessory structures shall not be located between the primary structure and a street.4 Side Yards for Accessory Buildings RC and R-1 5 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. R-4, R-6, R-8, R-10, R-14 and RMF 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. Side Yards for Accessory Dwelling Units RC 25 ft. R-1 25 ft. R-4 5 ft. R-6 5 ft. R-8 5 ft. R-10 and R-14 4 ft., except when along a street, then 8 ft. RMF n/a 3 AGENDA ITEM # 7. d) ORDINANCE NO. Rear Yards for Accessory Buildings RC 5 ft. R-1, R-4, R-6, 3 ft., unless located between the rear of the house and the rear property R-8, R-10, R- line, then 0 ft. rear yard is allowed. 14 and RMF Except for garages/carports accessed through alleys: to ensure adequate vehicular maneuvering area, garages and carports that are accessed through alleys shall be set back as follows: 1.9 ft. garage doors shall be at least 26 ft. from the back edge of the alley, or 2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. Rear Yards for Accessory Dwelling Units RC, R-1, R-4, To ensure adequate vehicular maneuvering area, Aaccessory dwelling units R-6, R-8, R-10, that incorporate a garage/carport shall be Set hack ^-s felle..,-q: have an R-14 and RMF obstruction -free area (inclusive of the alley) for a length based on the width of the garage doors: 1.9 ft. garage doors shall be at least 26 ft. from the adjacent property line baek edge of the .,II.,y; or 2. 16 ft. garage doors shall be at least 24 ft. from the adiacent property line hack the edge of alley, Proposals with alternate garage/carport distances shall be considered and determined through administrative review. RC Determined through administrative review, to be no less than 10 ft. and no greater than 35 ft. fre.. the I,.,,.k edge „f the alley, R-1 and R-4 Determined through administrative review, to be no less than 10 ft. and no greater than 25 ft. fre-M. the h-,,.I, edge of thy, -.II.,., R-6 and R-8 Determined through administrative review, to be no less than 5 ft. and no greater than 20 ft. fre... the h-..,L edge „f the alley, R-10 and R-14 Determined through administrative review, to be no less than 5 ft. and no greater than 10 ft. fre... the War* edge of thy, atle , RMF n/a Special Setbacks for Animal Husbandry or Agricultural Related Structures RC, R-1, R-4, Agricultural related structures — 50 ft. from any property line. R-6, R-8, R-10, Stables and other animal husbandry related structures, see RMC 4-4-010, and R-14 Animal Keeping and Beekeeping Standards. RMF n/a Clear Vision Area AGENDA ITEM # 7. d) ORDINANCE NO. RC, R-1, R-41 In no case shall a structure over 42 in. in height intrude into the 20 ft. clear R-6, R-8, R-10, vision area defined in RMC 4-11-030. R-14 and RMF SECTION VI. The Scale, Bulk, and Character provisions and the Material and Color provisions in subsection 4-2-115.E.3 of the Renton Municipal Code are amended as shown below. All other provisions in 4-2-115.E.3 remain in effect and unchanged. 3. Residential Design: PRIMARY ENTRY: Homes with a visually prominent front entry foster the sense that the community is oriented to pedestrians. Features like porches and stoops at the front entry provide opportunity for social interaction and can contribute to a sense of place for residents. Additionally, porches work to minimize the appearance of bulk by breaking up the facade. Guidelines: Entrances to homes shall be a focal point and allow space for social interaction. Front doors shall face the street and be on the facade closest to the street. When a home is located on a corner lot (i.e., at the intersection of two roads or the intersection of a road and a common space) a feature like a wrapped porch shall be used to reduce the perceived scale of the house and engage the street or open space on both sides. Standards: RC and R- n/a 1 R-4, R-6, The entry shall include a porch or stoop with a minimum depth of five feet (5') and R-8 and minimum height of twelve inches (12") above grade. Exception: in cases where accessibility (ADA) is a priority, an accessible route may be taken from a front driveway. R-10 and Both of the following are required: R-14 1. The entry shall take access from and face a street, park, common green, pocket park, pedestrian easement, or open space, and 2. The entry shall include a porch or stoop with a minimum depth of five feet (5') and minimum height twelve inches (12") above grade. Exception: in cases where accessibility (ADA) is a priority, an accessible route may be taken from a front driveway. FACADE MODULATION: The modulation of facades creates an appearance of variety, as well as visual breaks that help to create visual interest. 5 AGENDA ITEM # 7. d) ORDINANCE NO. Guidelines: Buildings shall not have monotonous facades along public areas. Dwellings shall include articulation along public frontages; the articulation may include the connection of an open porch to the building, a dormer facing the street, or a well-defined entry element. Standards: RC and R- n/a 1 R-4, R-6, One of the following is required: and R-8 1. An offset of at least one story that is at least ten feet (10') wide and two feet (2') in depth on facades visible from the street, or 2. At least two feet (2') offset of second story from first story on one street facing facade. R-10 and Both of the following are required: R-14 1. The primary building elevation oriented toward the street or common green shall have at least one articulation or change in plane of at least two feet (2') in depth; and 2. A minimum one side articulation that measures at least one foot (1') in depth shall occur for all facades facing streets or public spaces. WINDOWS AND DOORS: Windows and front doors are an integral part of the architectural character of a home and when they incorporate architectural elements of the home, they contribute to the overall balance and integration of the building form. Additionally, when they represent a significant amount of the facade of a home, they amplify the sense that the community is oriented to people. Guidelines: Windows and front doors shall serve as an integral part of the character of the home. Primary windows shall be proportioned vertically rather than horizontally. Vertical windows may be combined together to create a larger window area. Front doors shall be a focal point of the dwelling and be in scale with the home. All doors shall be of the same character as the home. Standards: RC and R- n/a 1 R-4, R-6, Windows and doors shall constitute twenty five percent (25%) of all facades and R-8 facing street frontage or public spaces. R-10 and All of the following are required: R-14 1. Primary windows shall be proportioned vertically, rather than horizontally, and AGENDA ITEM # 7. d) ORDINANCE NO. 2. Vertical windows may be combined together to create a larger window area, and 3. All doors shall be made of wood, fiberglass, metal, or glass and trimmed with three and one-half inches (3 1/2") minimum head and jamb trim around the door, and 4. Screen doors are permitted, and 5. Primary entry doors shall face a street, park, common green, pocket park, or pedestrian easement and shall be paneled or have inset windows, and 6. Sliding glass doors are not permitted along a frontage elevation or an elevation facing a pedestrian easement. SCALE, BULK, AND CHARACTER: Residential communities are intended for people and homes that have appropriate scale and bulk contribute to the sense of orientation to people. Variety in the character of homes helps to minimize visual monotony while helping to foster a perception of uniqueness of place. Guidelines: A diverse streetscape shall be provided by using elevations and models that demonstrate a variety of floor plans, home sizes, and character. Neighborhoods shall have a variety of home sizes and character. Standards: RC and R-1 I n/a R-4, R-6, IA variety of elevations and models that demonstrate a variety of floor plans, and R-8 home sizes, and character shall be used. All of the following are required: eeRt+guees,abuttkig-hemes, and A variety of elevations and models that demonstrate a variety of home sizes, character, and a diverse streetscape. 2. Abutting, adjacent, and diagonal houses must have differing architectural elevations. R-10 and R- I All of the following are required: 14 1. The primary building form shall be the dominating form and elements such as porches, principal dormers, or other significant features shall not dominate, and 2. Primary porch plate heights shall be one story. Stacked porches are allowed, and 7 AGENDA ITEM # 7. d) ORDINANCE NO. 3. To differentiate the same models and elevations, different colors shall be used, and 4. For single family dwellings, no more than two (2) of the same model and elevation shall be built on the same block frontage and the same model and elevation shall not be abutting, adjacent, and diagonal. ROOFS: Roof forms and profiles are an important component in the architectural character of homes and contribute to the massing, scale, and proportion of the home. Roofs also provide opportunity to create variety, especially for homes of the same model. Guidelines: Roofs shall represent a variety of forms and profiles that add character and relief to the landscape of the neighborhood. The use of bright colors, as well as roofing that is made of material like gravel and/or a reflective material, is discouraged. Standards: RC and R- n/a 1 R-4, R-6, A variety of roof forms appropriate to the style of the home shall be used. and R-8 R-10 and Both of the following are required: R-14 1. A variety of roofing colors shall be used within the development and all roof material shall be fire retardant; and 2. Single family residential subdivisions shall use a variety of roof forms appropriate to the style of the home. EAVES: The design of eaves and overhangs act as unifying elements in the architectural character of a home. When sized adequately and used consistently, they work to create desirable shadows that help to create visual interest especially from blank, unbroken wall planes. Guidelines: Eaves should be detailed and proportioned to complement the architectural style of the home. Standards: RC and R- n/a 1 R-4, R-6, Both of the following are required: and R-8 1. Eaves projecting from the roof of the entire building at least twelve inches (12") with horizontal fascia or fascia gutter at least five inches (5") deep on the face of all eaves, and AGENDA ITEM # 7. d) ORDINANCE NO. 2. Rakes on gable ends must extend a minimum of two inches (2") from the surface of exterior siding materials. R-10 and I The following is required: Eaves shall beat least twelve inches (12") with R-14 I horizontal fascia or fascia gutter at least five inches (5") deep on the face of all eaves. ARCHITECTURAL DETAILING: Architectural detailing contributes to the visual appeal of a home and the community. It helps to create a desirable human scale and a perception of a quality, well -designed home. Guidelines: Architectural detail shall be provided that is appropriate to the architectural character of the home. Detailing like trim, columns, and/or corner boards shall reflect the architectural character of the house. Standards: RC and R- I n/a R-4, R-6, If one siding material is used on any side of the dwelling that is two stories or and R-8 greater in height, a horizontal band that measures at least eight inches (8") is required between the first and second story. Additionally, one of the following is required: 1. Three and one-half inch (3 1/2") minimum trim surrounds all windows and details all doors, or 2. A combination of shutters and three and one-half inches (31/2") minimum trim details all windows, and three and one-half inches (3 1/2") minimum trim details all doors. R-10 and I All of the following are required: R-14 I 1. Three and one-half inches (3 1/2") minimum trim surrounds all windows and details all doors, and 2. At least one of the following architectural details shall be provided on each home: shutters, knee braces, flower boxes, or columns, and 3. Where siding is used, metal corner clips or corner boards shall be used and shall be at minimum two and one-half inches (2 1/2") in width and painted. If shutters are used, they shall be proportioned to the window size to simulate the ability to cover them, and 4. If columns are used, they shall be round, fluted, or strongly related to the home's architectural style. Six inches by six inches (6" x 6") posts may be allowed if chamfered and/or banded. Exposed four inches by four inches (4" x 4") and six inches by six inches (6" x 6") posts are prohibited. AGENDA ITEM # 7. d) ORDINANCE NO. MATERIALS AND COLOR: The use of a variety of materials and color contributes to the sense of diversity of housing stock in the community. Guidelines: A diversity of materials and color shall be used on homes throughout the community. A variety of materials that are appropriate to the architectural character of the neighborhood shall be used. A diverse palette of colors shall be used to reduce monotony of color or tone. Standards: RC and R- n/a 1 R-4, R-6, For subdivisions and short plats, abutting, adjacent, and diagonal homes shall and R-8 be of differing color. Color palettes for all new dwellings, coded to the home elevations, shall be submitted for approval. Where masonry siding is proposed at the edge of a facade, it shall also extend along the adjoining facade no less than twenty-four inches (24"), measured horizontally from the corner of the structure. Additionally, one of the following is required: 1. A minimum of two (2) colors is used on the home (body with different color trim is acceptable), or A minimum of two (2) differing siding materials (horizontal siding and shingles, siding and masonry or masonry -like material, etc.) is used on the home. One alternative siding material must comprise a minimum of thirty percent (30%) of the street facing facade. If MaS9AFY siding as used, R-10 and I All of the following are required: R-14 1. Acceptable exterior wall materials are: wood, cement fiberboard, stucco, stone, and standard sized brick three and one-half inches by seven and one-half inches (31/2" x 71/2") or three and five eighths inches by seven and five -eighths inches (3 5/8" x 7 5/8"). Simulated stone, wood, stone, or brick may be used to detail homes, and 2. When more than one material is used, changes in a vertical wall, such as from wood to brick, shall wrap the corners no less than twenty four inches (24"). The material change shall occur at an internal corner or a logical transition such as aligning with a window edge or chimney. Material transition shall not occur at an exterior corner, and 3. Multiple colors on buildings shall be provided. Muted deeper tones, as opposed to vibrant primary colors, shall be the dominant colors. Color palettes for all new structures, coded to the home elevations, shall be submitted for approval. 10 AGENDA ITEM # 7. d) ORDINANCE NO. 4. Gutters and downspouts shall be integrated into the color scheme of the home and be painted, or of an integral color, to match the trim color. MAIL AND NEWSPAPERS Guidelines: Mailboxes shall be located so that they are easily accessible to residents. They shall also be architecturally compatible with the homes. R-10 and All of the following are required: R-14 1. Mailboxes shall be clustered and located so as to serve the needs of USPS while not adversely affecting the privacy of residents; 2. Mailboxes shall be lockable consistent with USPS standard; 3. Mailboxes shall be architecturally enhanced with materials and details typical of the home's architecture; and 4. Newspaper boxes shall be of a design that reflects the character of the home. HOT TUBS, POOLS, AND MECHANICAL EQUIPMENT Guidelines: Hot tubs, pools, and mechanical equipment shall be placed so as to not negatively impact neighbors. R-10 and Hot tubs and pools shall only be located in back yards and designed to R-14 minimize sight and sound impacts to adjoining property. Pool heaters and pumps shall be screened from view and sound insulated. Pool equipment must comply with codes regarding fencing. UTILITIES R-10 and Utility boxes that are not located in alleyways or away from public gathering R-14 spaces shall be screened with landscaping or berms. DUMPSTER/TRASH/RECYCLING COLLECTION AREA R-10 and Both of the following are required: R-14 1. Trash and recycling containers shall be located so that they have minimal impact on residents and their neighbors and so that they are not visible to the general public; and 2. A screened enclosure in which to keep containers shall be provided or garages shall be built with adequate space to keep containers. Screened enclosures shall not be located within front yards. 11 AGENDA ITEM # 7. d) ORDINANCE NO. SECTION VII. The Building Limitations provisions in subsection 4-2-120.A of the Renton Municipal Code are amended as shown on Attachment B. All other provisions in 4-2-120.A remain in effect and unchanged. SECTION VI11. The Density provisions in subsection 4-2-120.13 of the Renton Municipal Code are amended as shown below. All other provisions in 4-2-120.13 remain in effect and unchanged. 4-2-120.13 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR DENSITY (Dwelling Units per Net Acre) Minimum Net 25 dwelling units per 75 dwelling units per Where a development involves Residential Density net acre.9 net acre if within a residential, the minimum density The minimum density mixed use building_ shall be 30 dwelling units per net requirements shall not 22 acre.9 apply to the The same area used for subdivision and/or commercial and office development of a legal development can also be used to lot 1/2 acre or less in calculate residential density. size as of March 1, Where commercial and/or office 1995. areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. Maximum Net 100 dwelling units per 150 dwelling units 50 dwelling units per net acre.1, 21 Residential Density9 net acre. per net acre if within The same area used for Density may be a mixed use building. commercial and office increased to 150 Density may be development can also be used to dwelling units per net increased up to 250 calculate residential density. acre subject to dwelling units per Where commercial and/or office administrative net acre subject to Iareas are utilized in the 12 AGENDA ITEM # 7. d) ORDINANCE NO. CD CO COR conditional use permit administrative calculation of density, the City approval.', z' conditional use may require restrictive covenants permit approval.', z' to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. SECTION IX. Subsection 4-2-120.C.22 of the Renton Municipal Code is amended as shown below. All other provisions of 4-2-120.0 remain in effect and unchanged. 22. mod- Minimum density requirements do not apply to assisted living facilities in the CO zone. SECTION X. Subsections 4-4-070.H.6 and 4-4-070.P.3 of the Renton Municipal Code are amended as shown below. All other provisions of 4-4-070.H and 4-4-070.P remain in effect and unchanged. H. DESCRIPTION OF REQUIRED LANDSCAPING TYPES: 1. Street Frontage Landscaping Buffer: Such landscaping shall include a mixture of trees, shrubs, and groundcover as approved by the Department of Community and Economic Development. 2. Partially Sight -obscuring Landscaped Visual Barrier: Such landscaping or landscape plus fencing shall be, at minimum, six feet (6') high at maturity and at least fifty percent (50%) sight -obscuring. 3. Fully Sight -obscuring Landscaped Visual Barrier: Such landscaping or landscape plus fencing shall be, at minimum, six feet (6') high at maturity and one hundred percent (100%) sight -obscuring. 13 AGENDA ITEM # 7. d) ORDINANCE NO. 4. Perimeter Parking Lot Landscaping: Such landscaping shall be at least ten feet (10') in width as measured from the street right-of-way. Standards for planting shall be as follows: a. Trees shall be two-inch (2") caliper for multi -family, commercial, and industrial uses at an average minimum rate of one tree per thirty (30) lineal feet of street frontage. Trees shall be one -and -one -half -inch (1.5") caliper for low impact development stormwater management facilities associated with any land b. Shrubs at the minimum rate of one per twenty (20) square feet of landscaped area. Up to fifty percent (50%) of shrubs may be deciduous. c. Ground cover in sufficient quantities to provide at least ninety percent (90%) coverage of the landscaped area within three (3) years of installation. 5. Interior Parking Lot Landscaping: Landscaping is required in parking lots in the amounts stipulated in subsection F of this Section. Any interior parking lot landscaping area shall be sized to dimensions of at least eight feet (8') by twelve feet (12'). Landscaping shall be dispersed throughout the parking area and shall include a mixture of trees, shrubs, and groundcover as follows: a. Trees shall be two inches (2") in diameter at breast height (dbh) for multi -family, commercial, and industrial uses. At least one tree for every six (6) parking spaces within the lot interior shall be planted. 14 AGENDA ITEM # 7. d) ORDINANCE NO. b. Shrubs at the minimum rate of one per twenty (20) square feet of landscaped area shall be planted. Up to fifty percent (50%) of shrubs may be deciduous. c. Ground cover shall be planted in sufficient quantities to provide at least ninety percent (90%) coverage of the landscaped area within three (3) years of installation. d. There shall be no more than fifty feet (50') between parking stalls and an interior parking lot landscape area. 6. Storm Drainage Facility Landscaping: a. Trees Are Prohibited on Berms: Trees are prohibited on any berm serving a drainage -related function; however, groundcover is required and subject to City review/approval. b. Additional Locations Where Trees and Shrubs Are Prohibited: L Within the fenced area; and ii. Within ten feet (10') of any manmade drainage structure (e.g., catch basins, ditches, pipes, vaults, etc.). c. Perimeter Landscaping Required: A landscaping strip with a minimum fifteen feet (15') of width shall be located on the outside of the fence, unless otherwise determined through the site plan review or subdivision review process. The landscape strip shall be located entirely within the boundaries of the storm drainage facility tract when associated with a subdivision. 15 AGENDA ITEM # 7. d) ORDINANCE NO. d. Type of Plantings Required: Plantings shall be consistent with the Surface Water Design Manual and this Section. Additionally, trees must be spaced as determined by the Department of Community and Economic Development. e. Conflicts: In the event of a conflict between this Section and the Surface Water Design Manual, the landscaping provisions of this Section shall prevail. Refer to chapter 5 of the Surface Water Design Manual. P. MAINTENANCE: 1. Maintenance Required: Landscaping required by this Section shall be maintained by the owner and shall be subject to periodic inspection by the Department of Community and Economic Development. Plantings are to be maintained in a healthy, growing condition and those dead or dying shall be replaced. Property owners shall keep the planting areas reasonably free of weeds and litter. 2. Failure to Maintain Landscaping: The Department of Community and Economic Development is authorized to notify the owner that any required landscaping is not being adequately maintained and the specific nature of the failure to maintain. The Department shall send the property owner written notice, specifying what corrections shall be made. 3. Security Required: Prior to recording a plat or the issuance of any final appFeYal eFany occupancy permitLss , the developer shall furnish a security device to the City in an amount equal to twenty percent (20%) of the estimated cost of materials and their installation; the estimated cost wt AGENDA ITEM # 7. d) ORDINANCE NO. shall be decided by the Administrator. A security device meeting the requirements of RMC 4-1-230, Sureties and Bonds,'' ,g shall be maintained for a period of five -(-5} two 2 years after the plat recording or issuance of any final apffeya4 of occupancy permit(s) prior to the release of the security device. SECTION XI. Subsection 4-4-100.C.6 of the Renton Municipal Code is amended as shown below. All other provisions of 4-4-100.0 remain in effect and unchanged. 6. Signs Which Obscure Vision: There shall be no signs over forty-two inches (42") in height allowed within twenty feet (20') of intersections or driveways.sh.,n .,hs,-ure . R h„+,.,,,.,., the height „f three feet (3') and SECTION XII. Subsection 4-4-100.E.5.e of the Renton Municipal Code is amended as shown below. All other provisions on 4-4-100.E.5 remain in effect and unchanged. 5. Additional Signs Permitted in Commercial and Industrial Zones: Except in the City Center Sign Regulation Area, subsection H of this Section, the following shall apply in all commercial and industrial zones a. Business Signs — General: i. Freestanding, Ground, Roof and Projecting Signs: Each individual business establishment may have only one sign for each street frontage of any one of the following types: Freestanding, roof, ground, projecting or combination. Each sign shall not exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage which the business occupies up to a maximum of three hundred (300) square feet; or if such sign is multi -faced, the 17 AGENDA ITEM # 7. d) ORDINANCE NO. maximum allowance shall not be more than three hundred (300) square feet. However, a maximum of one-half (1/2) of the allowed square footage is allowed on each face. Businesses with less than twenty five (25) lineal front feet may have a sign of a maximum of twenty (20) square feet per face. ii. Wall Signs: In addition to the signs in subsections ESc, Under Marquee Signs, ESa, Business Signs — General, E5f and ESg, Motor Vehicle Dealership Over One Acre, ESe, Large Retail Uses, and ESd, Shopping Centers, of this Section, wall signs are permitted with a total copy area not exceeding twenty percent (20%) of the building facade to which it is applied. b. Marquee Signs: Signs on marquees conforming to subsection N of this Section are permitted. c. Under Marquee Signs: Under marquee signs shall be limited to one such sign per entrance for each business establishment. d. Shopping Centers: i. Shopping centers less than ten (10) acres may install: • Freestanding Signs: One freestanding sign for each street frontage of the shopping center. Each sign shall not exceed an area greater than one and one-half (1-1/2) square foot for each linear foot of property frontage, not to exceed one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces. ii. Shopping centers ten (10) acres or greater may install: 18 AGENDA ITEM # 7. d) ORDINANCE NO. • Freestanding Signs: One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each linear foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; and • Optional Freestanding Sign: In lieu of one of the freestanding signs permitted above; one freestanding identification sign for listing the names of the occupants of the shopping center. The shopping center identification sign shall not exceed an area greater than one and one-half (1-1/2) square feet for each linear foot of property frontage, not to exceed two hundred fifty (250) square feet per sign face and a maximum of five hundred (500) square feet including all sign faces. e. Large Retail Uses: Property dedicated primarily to retail sales may install oversized signs as follows in lieu of signage permitted under subsections ESa, Business Signs — General, and ESd, Shopping Centers, of this Section. i. Developments Over One Hundred Twenty Five Thousand (125,000) Square Feet: A commercial development with a single building of a minimum of one hundred twenty five thousand (125,000) square feet in floor area dedicated primarily to retail sales, provided all or part of the property is located 19 AGENDA ITEM # 7. d) ORDINANCE NO. within one thousand feet (1,000') of the right-of-way of 1-405 InteFstate Highway 4 &or SR 167 , may install: • Freestanding Signs: One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each linear foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; and • Optional Freestanding Sign: In lieu of one of the freestanding signs permitted above, for a property frontage with a minimum of two hundred (200) linear feet, one freestanding sign not to exceed two hundred fifty (250) square feet per sign face and a maximum of five hundred (500) square feet including all sign faces, and not to exceed sixty feet (60') in height; and • Directional Sign: An additional directional sign may be permitted to locate within twenty feet (20') of a recorded access easement serving the subject property, provided the sign does not obscure sight distance. This sign shall not exceed thirty two (32) square feet per sign face and a maximum of sixty four (64) square feet including all sign faces. ii. Wholesale 8ig-Bex-Retail Uses with over Three Hundred Fifty Thousand (350,000) Square Feet of Total Building Area Located in the 20 AGENDA ITEM # 7. d) ORDINANCE NO. Employment Area: Wholesale ft4e*-retail uses with over three hundred fifty thousand (350,000) square feet in total building area located in the Employment Area may install: • Large Freestanding Signs: One on -premises freestanding sign not to exceed one hundred fifteen feet (115') in height and seven hundred (700) square feet per face, and another such sign not to exceed forty feet (40') in height and four hundred (400) square feet per face; and • Roof Signs: One roof -mounted sign per building of up to four hundred (400) square feet not to exceed twenty feet (20') in height above the parapet wall and not to exceed two (2) such signs per retail center; and • Additional Freestanding Signs: Two (2) on -premises freestanding signs per street frontage, no more than eight feet (8') tall and no more than one hundred (100) square feet per side. f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Within the Automall Area(s): i. Wall and Under Marquee Signs: Each dealership is allowed its appropriate wall or under marquee sign as stated in the Sign Code; and ii. Freestanding Signs: Each dealership is allowed: 21 AGENDA ITEM # 7. d) ORDINANCE NO. • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage that the business occupies up to a maximum of two hundred (200) square feet per sign face, and a maximum of four hundred (400) square feet including all sign faces, and not to exceed fifty feet (50') in height; or • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces, and not to exceed fifty feet (50') in height. In addition, each dealership is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business activity located on the property that can reasonably be related to the primary business. These signs shall not exceed a height of ten feet (10') and a total sign area of twenty five (25) square feet if single faced, or fifty (50) square feet including all sign faces. The accessory signs must also maintain a minimum twenty foot (20') setback and be no closer than one hundred fifty feet (150') to any other accessory ground sign. 22 AGENDA ITEM # 7. d) ORDINANCE NO. • One electronic message board sign is permitted as a wall sign, under marquee sign, or freestanding sign as allowed by the provisions stated above. g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control located Outside the Automall Area: i. Wall Signs: Each motor vehicle dealership located outside the Automall area is allowed its appropriate wall or under marquee sign as stated in the Sign Code; and ii. Freestanding Signs: Each motor vehicle dealership located outside the Automall area is allowed: • One freestanding, roof, ground, or projecting sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; or • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred (100) square feet per sign face and a maximum of two hundred (200) square feet including all sign faces. In addition, each dealership is allowed a maximum of two (2) accessory 23 AGENDA ITEM # 7. d) ORDINANCE NO. ground signs per street frontage, each for a separate business activity located on the property which can reasonably be related to the primary business. These signs shall not exceed a height of ten feet (10') and a total sign area of twenty five (25) square feet if single faced or fifty (50) square feet including all sign faces. The accessory signs must also maintain a minimum twenty foot (20') setback and be no closer than one hundred fifty feet (150') to any other accessory ground sign. h. Subdivision Identification Signs: Commercial and/or industrial subdivisions may have two (2) on -premises identifying signs not over seventy five (75) square feet on one face. These signs must be no higher than six feet (6'), or no closer to the street right-of-way than ten feet (10') or five feet (5') to any side property line. i. Special Requirements for Specified Uses in the Commercial Office (CO), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH) Zones within One Hundred Feet (100') of a Lot Zoned Residential: i. Specified Uses — CO Zone • Assisted Living Eating and Drinking Establishments • Retail Sales • Indoor Recreation • On -site Services 24 AGENDA ITEM # 7. d) ORDINANCE NO. • Convalescent Centers ii. Specified Uses — IL, IM, IH Zones • On -site Services iii. Sign Allowances for Specified Uses in Subsections E5i(i) and E5i(ii) of this Section: • Freestanding Signs: One freestanding sign per street frontage. Freestanding signs shall be limited to six feet (6') in height above grade and ten feet (10') from any public right-of-way. Each sign shall not exceed an area of one square foot for each lineal foot of property frontage, not to exceed one hundred (100) square feet per sign face and a maximum of two hundred (200) square feet including all sign faces. • Wall Signs: In addition to the freestanding sign(s), wall signs are permitted with a total copy area not exceeding ten percent (10%) of the building facade to which it is applied j. Self Storage Uses in the RMF Zone: Signage for permitted self - storage uses in the RMF Zone shall comply with subsection E5i of this Section except that freestanding signs shall be limited to two (2) signs or one per street frontage, whichever is greater. k. Large Institution Directional and Wayfinding Signs: Commercial and industrial campuses on land equal to or greater than two hundred thousand 25 AGENDA ITEM # 7. d) ORDINANCE NO. (200,000) square feet of contiguous land area may display directional signs under the following conditions: 1. Appearance of Signs: All on campus directional signs shall be visually similar to other on campus signs. ii. Allowed Area, Height, and Number: Directional signs shall not exceed nine (9) square feet in surface area and shall not exceed five feet (5') in height. One wayfinding sign with a maximum surface area ofthirty two (32) square feet may be used for every fifty thousand (50,000) square feet of contiguous land area. Wayfinding signs shall not exceed a height of six feet (6') above the established grade. iii. Visibility and Location: Signage shall not be visible from the public right-of-way unless necessary for traffic and pedestrians entering the campus. Directional and wayfinding signs shall be located on the subject property, outside of the public right-of-way, and drive aisles. SECTION XIII. Subsection 4-5-130.13.4 of the Renton Municipal Code is amended as shown below. All other provisions of 4-5-130.6 remain in effect and unchanged. 4. Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. ref AGENDA ITEM # 7. d) ORDINANCE NO. 308.2 Allowed residential outdoor storage: For RC and R_1 zoned properties, a maximum of four hundred (4001 square feet of area may be used for outdoor storage. For RA R-6 and R-8 zoned properties, a maximum of two hundred (200) square feet of area may be used for outdoor storage. For R-10 and R-14 zoned properties, a maximum of one hundred (100) feet of area may be used for outdoor storage. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building. 308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry including a home occupation business. 27 AGENDA ITEM # 7. d) ORDINANCE NO. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (6). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of damage. Tarps and makeshift covers are prohibited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned properties. SECTION XIV. Subsections 4-7-090.6, 4-7-090.E.3, and 4-7-090.F.5 of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-090 remain in effect and unchanged. B. APPLICABILITY: The provisions of this Section shall only apply to the subdivisions ef-land .,ndeFlying existiRg „ posed +,,...nhe-...,, ,Ries in the R-10, R-14, RMF, and CV zones in the following cases:- 28 AGENDA ITEM # 7. d) ORDINANCE NO. 1. New Townhouse Development: Subdivisions intended for the purpose of new townhouse development. 2. Existing Townhouse Development: Subdivisions when the existing townhouse developments have received a Certificate of Occupancy before October 17, 2016. E. EXCEPTIONS: 1. Residential Development Standards: Individual unit lots are exempt from the following standards of RMC 4-2-110A, Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures): maximum net density, minimum lot size, minimum lot width, minimum lot depth, yard setbacks, maximum building coverage, and maximum impervious surface area. 2. Landscaping: Individual unit lots are exempt from the following subsections of Section 4-4-070, Landscaping: a. RMC 4-4-070F1, Street Frontage Landscaping Required; b. RMC 4-4-070F2, Street Trees and Landscaping Required Within the Right -of -Way on Public Streets; and c. RMC 4-4-070F3, Front Yard Trees Required When Street Trees Are Not Located Within the Right -of -Way Abutting a Front Yard. 3. Parking: The number of parking spaces required for attached dwellings 4R the R 19R 14 and RMF zenes pursuant to RMC 4-4-080F10d, Parking Spaces Required Based on Land Use, may be averaged and dispersed among unit lots or 29 AGENDA ITEM # 7. d) ORDINANCE NO. within the parent site; however, at least one parking space shall be provided within each unit lot. 4. Access: Primary access for individual unit lots may be from a public alley. 5. Existing Nonconforming Townhouse Developments: Legally established existing townhouse developments that are nonconforming with respect to development standards (e.g., maximum net density) shall be considered conforming for the purpose of this Section and may be subdivided pursuant to this Section; provided, that as conditions of a unit lot subdivision approval the City may require that any nonconforming development standard be brought into compliance to the extent feasible, as determined by the Administrator. F. UNIT LOT SUBDIVISION REQUIREMENTS: 1. Unit Lots: Parent sites developed or proposed to be developed with attached townhouse dwellings may be subdivided into unit lots and the remainder of the parent site shall be platted as one or more tracts. The whole parent site shall meet applicable development standards. Any private open space or private amenities for a dwelling unit shall be provided on the same unit lot as the dwelling unit. 2. Siting of Unit Lots: Unit lot subdivisions that propose to incorporate one or more unit lot drives (refer to RMC 4-6-060K, Unit Lot Drives) shall site unit lots as follows: 30 AGENDA ITEM # 7. d) ORDINANCE NO. a. For unit lot drives serving six (6) unit lots or less: At least one unit lot shall be situated towards a public street with nothing other than open space between the public right-of-way and the unit lot. b. For unit lot drives serving seven (7) unit lots or more: At least two (2) unit lots shall be situated towards a public street with nothing other than open space between the public right-of-way and the unit lots. 3. Parent Site: Prior to a unit lot subdivision or any subsequent platting actions, additions or modifications to the structure(s), the applicant shall demonstrate that the whole parent site will comply with applicable standards and requirements of this Title (i.e., the parent site shall be reviewed as though it is a single lot without any unit lots or tracts within). For example, building coverage of the parent site shall include all qualifying structures within the development, including those located or proposed to be located upon individual unit lots. Portions of the parent site not subdivided for individual unit lots shall be platted as a tract and owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots. 4. Density: The density of the parent site shall not exceed the maximum net density of the zone. Only one dwelling unit shall be located on a unit lot. 5. Design and Open Space Standards: RMC 4-2-115, Residential Design and Open Space Standards, as applied to the R-10 and R-14 zones shall apply to unit lot subdivisions within the RMF and CV zones. Unit lot subdivisions within the RMF and CV zones shall be exempt from RMC 4-3-100, Urban Design Regulations. 31 AGENDA ITEM # 7. d) ORDINANCE NO. 6. Homeowners' Association and Covenants: a. Covenants and Homeowners' Association: Prior to the recording of the plat, the applicant shall provide final covenants, declarations and restrictions in a form satisfactory to the City Attorney, and shall record the document with the King County Recorder. b. Maintenance of Common Facilities: All common open space and facilities, private utility infrastructure, exterior building facades and roofs, and other physical improvements to the land, as determined by the Administrator, shall be maintained in perpetuity by the homeowners' association, unless otherwise agreed to by the City. The covenants, declarations and restrictions shall provide authority for the City, after providing reasonable written notice to the homeowners' association and opportunity to perform required maintenance, to recover any costs incurred by the City to maintain private infrastructure or common areas due to a failure of the homeowners' association to adequately maintain privately owned improvements. In order to ensure that the City can recover its costs for performing required maintenance, the City may file a lien against the property or accept other appropriate security approved by the City. 7. Timing: Site development and building construction may commence upon approval of a site plan and issuance of a building permit(s) for such construction and prior to final subdivision approval and recording if all applicable permits and approvals have been obtained by the applicant. However, no dwelling 32 AGENDA ITEM # 7. d) ORDINANCE NO. unit or unit lot may be sold, transferred, occupied or conveyed prior to final subdivision approval and recording. 8. Recorded Plat: Notes shall be placed on the plat recorded with the King County Recorder to acknowledge the following: a. The title of the plat shall include the phrase "Unit Lot Subdivision"; b. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole; and c. The individual unit lots are not separate building sites and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent site. SECTION XV. Subsection 4-8-100.1.3 of the Renton Municipal Code is amended as shown below. All other provisions of 4-4-100.1 remain in effect and unchanged. I. RECONSIDERATIONS: 1. When a reconsideration request has been submitted to the City Clerk before the appeal period has expired, the matter and appeal period shall be held in abeyance pending the outcome of the request for reconsideration. When a request for reconsideration is filed with the City Clerk, the City Clerk shall notify all parties of record to the decision. Notice shall be sent within five (5) calendar days via U.S. Postal mail by the City Clerk, or on the date the request is received if electronic transmittal (email) had been previously approved or agreed to by the 33 AGENDA ITEM # 7. d) ORDINANCE NO. parties. A fourteen (14) calendar day appeal period shall commence upon the issuance of a reconsideration that reverses the original decision. 2. In order to request reconsideration, the person must have been made a party of record to the decision. 3. A party of record to a decision who asserts the decision was based on erroneous procedure, error of law or fact, or error in judgment may make a written request for reconsideration by the decision maker (e.g., Administrator, Hearing Examiner, City Council). Any such request for reconsideration must be made within fourteen (14) calendar days after the written decision has been rendered. The request shall set forth the specific errors and any arguments for reconsideration, limited to the evidence in the administrative record unless authorized by chapter 36.706 RCW, relied upon by such appellant, and the decision maker may, after review of the record, take further action as deemed proper by said decision maker. The decision maker may request further information from the applicant, which shall be provided within ten (10) calendar days of the request. Reconsideration cannot be requested for shoreline permits, including but not limited to: Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances. All appeals of shoreline permit decisions shall be reviewed by the State of Washington Shorelines Hearings Board pursuant to RCW 90.58.180. 4. The written decision on the request for reconsideration shall be transmitted to all parties of record within ten (10) business days of receipt of the 34 AGENDA ITEM # 7. d) ORDINANCE NO. request for reconsideration or receipt of the additional information requested, whichever is later. 5. Each party of record to a decision shall be limited to one request for reconsideration. SECTION XVI. Subsection 4-9-150.D.2.e.iii, of the Renton Municipal Code is amended as follows. All other provisions of 4-9-150.D.2 remain in effect and unchanged. 2. Public Benefit Required: In addition, applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: a. Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development; or b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or c. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a planned urban development; or 35 AGENDA ITEM # 7. d) ORDINANCE NO. d. Use of Sustainable Development Techniques: Design which results in a sustainable development; such as LEED certification, energy efficiency, use of alternative energy resources, low impact development techniques beyond that required by the Surface Water Design Manual, etc.; or e. Overall Design: Provides a planned urban development design that is superior to the design that would result from development of the subject property without a planned urban development. A superior design may include the following: I. Open Space/Recreation: (a) Provides increased open space or recreational facilities beyond standard code requirements and considered equivalent to features that would offset park mitigation fees in Resolution 3082; and (b) Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or ii. Circulation/Screening: Provides superior circulation patterns or location or screening of parking facilities; or III. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed planned urban development; provided, common open space containing natural features may be left unimproved; or iv. Site and Building Design: Provides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or 36 AGENDA ITEM # 7. d) ORDINANCE NO. v. Alleys: Provides alleys for proposed detached or attached units with individual, private ground related entries. SECTION XVII. Subsection 4-9-150.E.3, of the Renton Municipal Code is amended as follows. All other provisions of 4-9-150.E remain in effect and unchanged. 3. Installation and Maintenance of Common Open Space: a. Installation: All common area and open space shall be landscaped within one (1) year of the date of final approval of the planned urban development, and in accordance with RMC 4-4-070, Landscaping; provided that the landscaping plan submitted by the applicant and approved by the City shall govern in the event of any conflict between RMC 4-4-070 and the approved landscaping plan.; ,,„a that- ...,,...,..e.. .,, ,;,,,..., +,,..,� f,,.,+,,re .. .� b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070, Landscaping. SECTION XVIII. Subsections 4-9-150.G, and 4-9-150.K of the Renton Municipal Code are amended as follows: G. FINAL PLAN REVIEW PROCEDURES: 37 ORDINANCE NO. AGENDA ITEM # 7. d) 1. Time Limits: a. Preliminary Approval of Planned Urban Development Not Associated with a Subdivision: The applicant developer -shall, within two (2) years of the effective date of action by the Hearing Examiner to approve the preliminary plan, submit to the Department of Community and Economic Development a final deyelepmeFA plan showing the ultimate design and specific details of the proposed planned urban development or the final phase or phases thereof. Following approval of the final plan, and within the two (2) year effective date of the approved preliminary plan, the applicant shall submit complete building permit applications. Upon application, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of twelve r"► m^^*"s two (2) years. Application for such extension shall be made at least thirty (30) days prior to the expiration date of preliminary plan approval. Only one such extension may be granted for a planned urban development. b. Preliminary Approval of a Planned Urban Development with Concurrent Preliminary Subdivision: The applicant shall submit the final develepment plan within five (5) years of the effective date of action by the Hearing Examiner to approve the preliminary plan. If approval of the preliminary subdivision is legally extended, the preliminary plan approval shall also be extended. 38 AGENDA ITEM # 7. d) ORDINANCE NO. c. Expiration of Preliminary Approval: If a final deyelepmeRt plan is not filed within the identified time limits or within the extended time period, if any, the planned urban development preliminary plan shall be deemed to have expired or been abandoned. Once a planned urban development preliminary plat has been deemed to have expired or been abandoned, a new application is required to proceed, and the development standards existing at the time of the new application shall apply. d. Remaining Preliminary Phases with Completion of One Phase: Approval of a final plan for any phase of the approved preliminary plan shall constitute an extension for two (2) years of the remainder of the preliminary plan from the effective date of action on the final plan. 2. Submittal Requirements and Fees for Final Plan Application: A final plan application shall be submitted for a planned urban development, or a phase thereof, to the Department of Community and Economic Development. The proposed final plan shall be in substantial conformance with the approved preliminary plans, including phasing, subject to the provisions of subsections G4 and G5 of this Section. Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Applications. Application fees shall be as listed in RMC 4-1-170, Land Use Review Fees. 3. Public Notice: Public notice shall be provided in the manner prescribed for preliminary plans. 39 AGENDA ITEM # 7. d) ORDINANCE NO. 4. Minor Modifications: As part of the approval of a final plan, the City may require or approve a minor deviation from the preliminary plan if: a. The change is necessary because of natural features of the subject property not foreseen by the applicant or the City prior to the approval of the preliminary development plan; or b. The change will not have the effect of significantly reducing any area of landscaping, open space, natural area or parking; or c. The change will not have the effect of increasing the density or significantly increasing the total amount of floor area of the planned urban development; or d. The change will not result in any structure, circulation or parking area being moved significantly in any direction; or e. The change will not reduce any setback approved as part of the preliminary plan by more than ten percent (10%) and the required minimum setback is met; or f. The change will not result in a significant increase in the height of any structure as approved in the preliminary plan; or g. The change will not increase or create any adverse impacts or undesirable effects on the surrounding neighborhood. 5. Major Modifications: Major modifications are those which substantially change the basic design, density, circulation, or open space requirements of the 40 AGENDA ITEM # 7. d) ORDINANCE NO. planned urban development. Major modifications to a preliminary plan planned urban development shall be processed as a new preliminary plan. 6. Review and Approval of Final Plan: The final plan shall be reviewed by the applicable City departments, in the manner prescribed for preliminary plans, to determine if the final plan is in substantial conformance with the approved preliminary plan and is consistent with the purposes and review criteria of this Section. The Community and Economic Development Administrator shall make a decision to approve, approve with conditions or deny the final plan. The decision shall include a description of the elements of the approved planned urban development, including land uses, number of units, phasing, the effective date of approval and of expiration, time limits, required improvements and the schedule for implementation, and any conditions that may apply to the planned urban development. a. Covenants Required: i. Covenants Generally: As a condition of final planned urban development approval, covenants shall be executed that run with the land, and with all subdivided portions thereof, stating that such property is part of an approved planned urban development, and including the file number thereof and a description of the uses, densities and phases of the approved planned urban development. Such covenant shall also be recorded for each property created through any subsequent subdivisions. 41 AGENDA ITEM # 7. d) ORDINANCE NO. ii. Specifications of Variations: All final planned urban developments shall include specifications that are recorded with the planned urban development indicating which lots or structures vary from which specific zoning requirement. Covenants shall indicate that such lots or structures shall meet the standard created with the approval of the planned urban development or the current zone in effect at the time of subsequent land use, building or construction permits. b. Property Owners' Association Required: For residential planned urban developments, the developer or owner(s) of a planned urban development shall be required to form a legally incorporated property owners' association prior to the occupancy of any portion of a planned urban development. If there is only one owner of the planned urban development, either a property owners' association shall be formed or a covenant running with the land shall be filed requiring the formation of such an association prior to the first subsequent sale of the property, or portion thereof. For nonresidential planned urban developments, the City may establish covenants as necessary to ensure maintenance of infrastructure and open space or other common improvements. 7. Effect of an Approved Final Plan: a. Standards Superimposed: The final approval of a planned urban development, under the procedures detailed in this Section, shall superimpose the requirements of that specific approved planned urban development on the underlying zone regulations as an exception thereto, to the extent that the 42 AGENDA ITEM # 7. d) ORDINANCE NO. requirements of the planned urban development modifies or supersedes the regulations of the underlying zone. Final plan approval shall be binding upon property or the respective phase(s) with regards to density, intensity, open space, uses, and other standards until such time as a new final planned urban development is approved or the final plan expires or is abandoned subject to subsection K of this Section. b. Construction Authorized: Approval of a final planned urban development is authorization to apply for building permits to construct the planned urban development. Construction of any portion of the planned urban development requires a current approved planned urban development and a current building permit. 43 AGENDA ITEM # 7. d) ORDINANCE NO. K. EXPIRATION OR ABANDONMENT OF A PLANNED URBAN DEVELOPMENT: 1. Expiration: Expiration of an approved preliminary plan shall be defined as failure to satisfy the time limits or other requirements of submitting a final plan application. Expiration of an approved final plan planned urban development shall be defined as failure to initiate construction of a planned urban development or failure to submit a complete building permit application within the approved final plan time limits. Expiration can only occur if no on -site construction has begun or iaek ^f sigRifleaRt PFIBgFess uRdeF-*"^�^the expiration of building permits has occurred. W pen ^ Fatie^ of a ^ elimiRaF , OF final plan the , „deyel, pep site may 44 AGENDA ITEM # 7. d) ORDINANCE NO. 2. Abandonment: "Abandonment of a preliminary and/or final plan" for the purpose of this Section shall mean the failure and neglect of the applicant deve4epe�to meet the requirements of subsection G8.1 of this Section, or to diligently pursue the project and the improvements incidental thereto for a period of six (6) months, after beginning or completing construction of any of the residential units, utilities, streets or other improvements of any phase of a planned urban development. Abandonment shall also occur when the applicant has provided a written statement indicating that he/she is abandoning the preliminary and/or final plan. 3. Resuming Development of an Abandoned Planned Urban Development Site: In order to resume development of an abandoned planned urban development site, a new final plan application shall be submitted for any partially completed phase of the planned urban development and a new preliminary plan application shall be submitted for all remaining portions of the site. In any case, all subsequent preliminary or final plans shall adhere to the Renton City Code provisions in force at the time of resubmission including open space, dwelling unit density and setback requirements. No building permits shall be issued, renewed or extended until such new preliminary or final plans are approved. 45 AGENDA ITEM # 7. d) ORDINANCE NO. SECTION XIX. Subsections 4-9-200.B.2.a and 4-9-200.C.2.b of the Renton Municipal Code are amended as shown below. All other provisions of 4-9-200 remain in effect and unchanged. B. APPLICABILITY AND AUTHORITY: 1. Master Plan Review: Master plan review is required for all development within the UC and COR Zones unless specifically exempted in subsection C of this Section. Master plans are optional in all other zones, except for CA zoned sites two and one-half (2.5) acres or greater in area upon which residential mixed -use development is proposed. When existing parcels are twenty five (25) acres or smaller, a master plan incorporating all abutting lots in common ownership as of December 1, 2003, is required. 2. Site Plan Review: a. When Required: Site plan review is required for all development in the IL, CO, CN, CD, CA, CV, COR, UC, R-10, RMH, RM, and R-14 Zones, all development within the Employment Area (EA) designation, and for the following types of development, regardless of zone: i. K-12 educational institutions. ii. Parks. iii. Outdoor recreation facilities. iv. Rental services with outdoor storage. v. Hazardous Waste Facilities: All hazardous waste treatment and storage facilities. 46 AGENDA ITEM # 7. d) facilities. ORDINANCE NO. vi. Medical institutions, assisted living, and convalescent care b. Optional: When specifically authorized by the development standards, site plan review may be used as a means to propose modifications to development standards for developments otherwise exempt from site plan review. 3. Authority: The Community and Economic Development Administrator shall have the authority to approve, approve with conditions, or deny proposals based on this Section when no other permit or approval requires Hearing Examiner review. C. EXEMPTIONS: 1. Development Exempt from Master Plan Review: The following are exempt from the master plan review: a. Airplane Manufacturing and Airplane Manufacturing Accessory Functions: New structures, the rehabilitation of existing structures, or lot line adjustments for airplane manufacturing and airplane manufacturing accessory functions; b. Large Lot Subdivisions: Subdivision, lot line adjustment or other method of adjusting lot configurations that result in lots larger than twenty five (25) acres in size; c. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Environmental Review Procedures; or 47 AGENDA ITEM # 7. d) ORDINANCE NO. d. Utilities: Underground utility projects. 2. Development Exempt from Site Plan Review: The following are exempt from the site plan review: a. Planned urban developments; b. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Categorical Exemptions, except in cases where: L New dwelling units are proposed within the Residential Ten Dwelling "^'+s peF ^G'^ (R-10) and Residential Fourteen Dwell°^^ 1nits peF "f'^ (R-14) zones, where existing dwelling units are included in a developm ^+ the proposal; or fer n, , a,.,^n,..g units, ..,heth^. GFeated L......�,�;.,,�;^., Fnevns;; ii. Proposed development exceeds the threshold of Large Proiect Scale per subsection D.2.b. of this section. c. Utilities: Underground utility projects; d. Airplane Manufacturing and Airplane Manufacturing Accessory Functions: The rehabilitation of existing structures and new structures, except when the new structure abuts a public right-of-way or public park; and e. Interior tenant improvements. SECTION XX. Subsection 4-9-240.J of the Renton Municipal Code is amended as shown below. All other provisions of 4-9-240 remain in effect and unchanged. J. DECISION CRITERIA: 48 AGENDA ITEM # 7. d) ORDINANCE NO. The Administrator may approve, deny, modify, or condition an application for a temporary use permit, based on consideration of the following factors: 1. The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the vicinity of the temporary use; and 2. Adequate parking facilities and vehicle ingress and egress are provided to serve the temporary use and any existing uses on the site; and 3. Hours of operation of the temporary use are specified, and would not adversely impact surrounding uses; and 4. The temporary use will not cause nuisance factors such as noise, light, or glare which adversely impact surrounding uses; and 5. If applicable, the applicant has obtained the required right-of-way use permit. SECTION XXI. Subsections 4-10-060.D and 4-10-060.1-1 of the Renton Municipal Code are amended as shown below. All other provisions of 4-10-060 remain in effect and unchanged. D. EXTENSION OR ENLARGEMENT: This subsection shall not apply to single family dwellings, and the property thereunder, that are nonconforming as to use, which may be enlarged or altered subject to development standards and use provisions of the R-14 zone GUFFent eede FeqWiFements (e.g., height limits, lot coverage, .density limit&, setbacks, parking, etc.). 49 AGENDA ITEM # 7. d) ORDINANCE NO. 1. A nonconforming use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel, unless the nonconforming use is housed in part of a single -tenant building, in which case the use may be extended throughout the building, but the building shall not be enlarged; 2. A nonconforming use in a multi -tenant building shall not be expanded into space vacated by other tenants; 3. A nonconforming use shall not be relocated in whole or in part to any other part of the parcel; and 4. No additional building, whether temporary or permanent, shall be erected upon a property with a nonconforming use for purposes of expanding or extending a nonconforming use. H. MANUFACTURED HOMES RESERVED: Nothing herein shall be determined to prohibit the installation of a manufactured home on a previously approved manufactured home "lot," pursuantto RCW 35A.21.312, notwithstanding the applicabilityof RMC provisions. SECTION XXII. The definition of 'Big Box Retail' in section 4-11-020 of the Renton Municipal Code is deleted as shown below. All other definitions in 4-11-020 remain in effect and unchanged. 50 AGENDA ITEM # 7. d) ORDINANCE NO. SECTION XXIII. The definition of "Clear Vision Area" in section 4-11-030 of the Renton Municipal Code is amended as shown below. All other definitions in 4-11-030 remain in effect and unchanged. CLEAR VISION AREA: The area bounded by the street property lines of corner lots and a line joining points along said street lines twenty feet (20') from their point of intersection. Gti ! 51FEEr 20 rr rr �a 5TF'ILT F kFn'tY FFC�F 'tY , rNMIVY -� m tlY.E: --. e Ltk ti � r� L1k • �� Q G�x f1�lUri THE MAYJMUM HEIGHT FOR ANY STRUCTURE OR PLANTING IN THE CLEAR VIS ON AREA SHALL BE 42 INCHES SECTION XXIV. The definitions of "Retail, Big Box" and "Retail Sales" in section 4-11- 180 of the Renton Municipal Code are amended as shown below. All other definitions in 4-11- 180 remain in effect and unchanged. RETAIL. WHOLESALE: RiTAIL, BIG RQX- Ate-+r4eeF retail establishment engaged in selling goods or merchandise to the general public as well as other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods, involving a high volume of sales of products in a warehouse setting, and 51 AGENDA ITEM # 7. d) ORDINANCE NO. a.rea Fafike. B.Ig beX Fetail buildings aFe typically single SteFy AFUGWFes, with a mass include, but are not limited to, membership warehouse clubs that emphasize bulk sales, "big -box retail," discount stores, and outlet stores. This definition excludes vehicle sales, outdoor retail sales, and adult retail uses. Wholesale retail is differentiated from general retail by any of the following characteristics: (1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods (e.g., groceries, household, and personal care products); (2) A large inventory of goods and merchandise is stored on the subject site in high -ceiling warehouse areas, high -rack displays, and/or outdoor storage areas; and (3) High volume truck traffic, regular pick-up and delivery of large items, and a designated contractor pick-up area. RETAIL SALES: Establishments within a permanent structure engaged in selling goods or merchandise available for immediate purchase and removal from the premises by to the general public for personal or household consumption and rendering services incidental to the sale of such goods. INS a^fe^4+49" includes zr�rrtirr.�nerr.� #eet that-F I.-M ^f irw (2) Ster esdt-e.cated terptail- sale s. This definition alse-includes department stores, retail shops, grocery stores and large 52 AGENDA ITEM # 7. d) ORDINANCE NO. format retailers developing using a multi -story format. This definition excludes adult retail uses, vehicle sales, ene steFy bi wholesale retail, outdoor retail sales, eating and drinking establishments, and taverns. SECTION XXV. Section 4-11-230 of the Renton Municipal Code is amended to add a definition of "Wholesale Retail," to read as shown below. All other definitions in 4-11-230 remain in effect and unchanged. WHOLESALE RETAIL: See "Retail, Wholesale" SECTION XXVI. Section 8-7-4 of the Renton Municipal Code is amended as follows: 8-7-4 DESIGNATION OF ZONED AREAS: The City Council of the City hereby adopts by reference Washington Administrative Code Section 173-60-030. The EDN (eRViF^^Fnenta' designati 6. 'Rd-sir'Rd-strial zeT.es, w,"ric-hS„a'�IMA1, , ere-clas;:fTed- ir, 0;i3�-C SECTION XXVII. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. 53 AGENDA ITEM # 7. d) ORDINANCE NO. SECTION XXVIII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of 12018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2042:11/21/18:scr Denis Law, Mayor 54 AGENDA ITEM # 7. d) Li C FA C tw c .c 0 N c OJ 0 a to d H I H cu W n 40 C .0 N O �O O 1 N = a N Q a a Q OZ a a O N Q r-I � H Z V a a a 0 C O a a Q a u � Q Q C7 Z Z a Q o. a a O U p 00 Cl)N N Q a N a U Q a a Q 0 Q a a u u � a Q a a Q a O u p Q a Q a ...� = O u 0 u Q a a Q a Q Q ac t 0 00 u 0 u a a Q a Q Q O u N 0 u Z00 _ a a Q a a Q Q LL Q Q H Z O `i 0 Q 0 Q 0 Q Q Z (D a p� Q ofLLJ = c (7 n. Q & a Q Z O a Q N Q H W a Q Q 0 d Q W u a Q U s on � tri a� tri v u cc 0 c In � H W CU <n 41 Y L +' 41 L 7 L 7 41 N > •L -a GJ 0 G1 � L L N ` to C f6 to O 3 bo 3 m i1J a� O I— tw y s Ln u O = c _ "o O Q M •L O L 1 V1 LU N Ln co U- 0 •x = CJ 0 v 2 C 1 r-I v LM Ln AGENDA ITEM # 7. d) N 00 a N a Ln a --n 0 a Q Ln ON r-I fV lD a a a a Ln a Q Ln a o rn M N a a a o rn M N O G1 M N a a m Ln a Lo o L — rCo G C V1 V1 OJ m m m tn � N {A m L OJ U U H > > 10 AGENDA ITEM # 7. d) O z LU U z Q z 0 O m H z W U Q U Q U U z U C O z v .Q N O Ln QJ ° }+ c CA E O m += m .Q n H Lnv w O v -o w u H .p +� 'tn v Lnc oE�c(A"0r b" v o � ° + ° o.E v �>.aui o O m u C CU G ++ c O z of z ar �= Ln u L p O 0 0 0r- O � CArc, O in iA E •L A V 0 Q E O E G Q £ 0 —1 X m E 0 'x m IA m 2 Q U co U c O U > CU u (U -p GSA -0 7 N C a1 .� m _ O fa � to f0 Q c C m c O �j L _— O (6 to C f0 C� C L � M — ro m Q t `n 3 In V1 i CL O OA O -p E N +� c f0 'L -o c o C o. c .� L a1 L f9 O 4- E t u 3 v +, o C c w m C d •L m r- Ln AGENDA ITEM # 7. d) O Z w U Z Q Z 0 cc O U D Q U 0 4-1 G1 Q m 4- ,� a O t 4- aM > OD t! HF' v o U m c L O M v .Q Op 4L � to 4 U C O ++ > — OLn t U ++ N 3 Q 3 tto +' 'L O X 3 c to LU V1 N 7 f6 Z U co Ln AGENDA ITEM # 7. e) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE 2019 PROPERTY TAX LEVY INCREASE AS PREVIOUSLY CONTEMPLATED BY ORDINANCE 5897. WHEREAS, the City Council has properly given notice of the public hearing to consider the City's 2019-2020 proposed budget pursuant to RCW 84.55.120; and WHEREAS, the City Council, after hearing and after duly considering all relevant evidence and testimony presented, has determined that there is a need to increase the property tax revenues from the prior year, in addition to the increases resulting from annexations, the addition of new construction, and improvements to property, and any increases in the value of state -assessed property, in order to discharge the expected expenses and obligations of the City; and WHEREAS, on November 19, 2018, the City Council adopted Ordinance No. 5897 establishing the 2019 Property Tax Levy in the amount of $21,300.000; and WHEREAS, RCW 84.55.120 requires the adoption of a separate ordinance specifically authorizing the property tax increase; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO Lei ilk] Q\1►I�[�i]�i]�i�L•� SECTION I. The regular property tax levy authorized by Ordinance 5897 for 2019 in the amount of $21,300,000 requires an increase of 6.9% or $1,347,995 above the 2018 levy without consideration for increases attributable to annexation, new construction, improvements to 1 AGENDA ITEM # 7. e) ORDINANCE NO. property, and re -levy of prior year refund and correction amounts. Such increase is hereby authorized. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 12018. APPROVED BY THE MAYOR this Approved as to form: Shane Moloney, City Attorney Date of Publication: O R D: 2048 :12/5/ 18 : s c r Jason A. Seth, City Clerk day of , 2018. Denis Law, Mayor 2 AGENDA ITEM # 7. 0 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING AND REPLACING CHAPTER 6-3 OF THE RENTON MUNICIPAL CODE, AMENDING ALARM SYSTEM REGULATIONS, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, excessive false alarms unduly burden the City of Renton Police Department's limited law enforcement resources; and WHEREAS, the purpose of this ordinance is to establish reasonable expectations of alarm users, and alarm companies, and to ensure that alarm users are held responsible for their use of Alarm Systems; and WHEREAS, excessive false alarms constitute a public nuisance; and WHEREAS, establishing an alarm registration system helps the City of Renton distribute its limited emergency response resources in a way that maximizes the public benefit; and WHEREAS, the Council deems it necessary to replace the current RMC Chapter 6-3 (Burglar Alarms) relating to false alarm regulations; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO SECTION I. Chapter 6-3 of the Renton Municipal Code is repealed in its entirety and replaced with the following language: CHAPTER 3 ALARM SYSTEM REGULATIONS SECTION: 6-3-1: Purpose 6-3-2: Definitions 6-3-3: Authority; Funds 6-3-4: Alarm Registration Required 1 AGENDA ITEM # 7. 0 ORDINANCE NO. 6-3-5: Duties Of An Alarm User 6-3-6: Duties Of An Alarm Company 6-3-7: Violations 6-3-8: Suspension Of Response 6-3-9: Reinstatement Of Response 6-3-10: Appeals Process 6-3-1 PURPOSE: It is the intent of this chapter to reduce the number of false alarms occurring within the City and to minimize the resulting waste of City resources by providing for corrective administrative action to hold alarm users and alarm companies responsible for proper use of Alarm Systems. False Alarms are an unnecessary burden on the City's resources, and are hereby declared to be a public nuisance, subject to abatement pursuant to RMC 1-3. The City reserves its right to punish Alarm Users who violate this chapter, as well as take remedial action under the City's code enforcement authority in order to minimize the burden created by False Alarms. Alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response by the Renton Police Department. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that the Renton Police Department's response may be influenced by several factors, including: the availability of police officers, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, and prior response history. 6-3-2 DEFINITIONS: 2 AGENDA ITEM # 7. 0 ORDINANCE NO. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: A. Alarm Company: Person or company, firm, and/or a company engaged in the selling, leasing, installing, servicing or monitoring Alarm Systems. B. Alarm Dispatch Request: A notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site, which results in a request for law enforcement action. C. Alarm Registration: A registration of an alarm user notifying the City of the operation of an Alarm System. D. Alarm Signal: A detectable signal, audible or visual, generated by an Alarm System, which is intended to elicit a response from the City. E. Alarm System: Any single device or assembly of equipment designed to signal the occurrence of an illegal or unauthorized entry, or other illegal activity requiring immediate attention, and to which law enforcement is requested to respond by an alarm company, but does not include motor vehicle or boat alarms, fire alarms, or alarms designated to elicit a medical response. F. Alarm User: Any person, corporation, partnership, proprietorship, government, or educational entity or any other entity owning, leasing, possessing, or operating an Alarm System, or on whose premises an Alarm System is maintained for the protection of such premises. G. City: The City of Renton, Washington, or its designee. 3 AGENDA ITEM # 7. 0 ORDINANCE NO. H. False Alarm: An alarm signal that triggers a response by the City and, in responding, the City discovers no evidence of a crime being committed or attempted on the property served by the Alarm System. I. Registration Year: A twelve (12)-month period beginning on January 1st of each year which the alarm registration is issued. J. Runaway Alarm: An Alarm System that produces repeated alarm signals that do not appear to be caused by separate human action or that produces three (3) separate false alarm signals within a twenty-four (24) hour period. K. Violator: Any alarm user that violates any provisions under this chapter including but not limited to any alarm user upon whose property a false alarm occurs. 6-3-3 AUTHORITY: A. Responsibility for administration of this chapter is vested with the Chief of Police, or designee. B. The Chief of Police has the authority to contract with a third party to assist with the enforcement and administration of the City's rights and responsibilities delineated by this chapter. 6-3-4 ALARM REGISTRATION REQUIRED: A. Application: No person shall own, lease or operate an Alarm System without first registering such Alarm System with the City. A separate alarm registration is required for each alarm site. A fee is required for the initial alarm registration. No fee will be charged for annual renewals. Each alarm registration 21 AGENDA ITEM # 7. 0 ORDINANCE NO. shall be assigned a unique number, and the alarm user or Alarm Company may be required to provide the registration number to facilitate law enforcement dispatch and enforcement of this chapter. Each alarm user has a duty to obtain an application from the City and register on a form provided by the City or its designee within thirty (30) days of activating the Alarm System, or for existing Alarm Systems, within thirty (30) days of the ordinance establishing this registration requirement. Each alarm registration shall expire on December 31 of the year issued and must be renewed annually by submitting an updated application to the City. Failure to renew registration prior to expiration is a violation of this Chapter subject to an unregistered alarm fee. An alarm registration cannot be transferred to another person or alarm site. B. Transfer of Possession: When the occupancy or possession of the premises at which an Alarm System is maintained is transferred, the alarm user obtaining possession of the property shall register the Alarm System with the City within thirty (30) days of obtaining possession of the property. Alarm registrations are not transferable. C. Reporting Updated Information: Whenever any information provided on the alarm registration changes, the alarm user shall provide correct information to the City within thirty (30) days of the change. D. Failure to Register, Renew, or Update Information: Failure to initially obtain or renew a registration under this chapter or report any updated 5 AGENDA ITEM # 7. 0 ORDINANCE NO. information as required by this Section shall result in a Unregistered Alarm System Fee as set forth in the City of Renton Fee Schedule. 6-3-5 DUTIES OF AN ALARM USER: A. Comply with all applicable provisions of this chapter; B. Maintain the premises and the Alarm System in a manner that will reduce or eliminate false alarms; C. Provide the registration number to the alarm company to facilitate dispatch; D. Refrain from manually activating an alarm for any reason other than the occurrence of an event that the Alarm System was intended to report. An alarm user must not manually initiate an alarm signal unless the user reasonably believes a crime or attempted crime is occurring; E. Register each Alarm System and renew such registration(s) annually; F. Update the City with any changes to information contained on an alarm registration within thirty (30) days of the change. G. Failure of alarm user to comply with the duties of this chapter may result in a fee as set forth in the City of Renton Fee Schedule. 6-3-6 DUTIES OF AN ALARM COMPANY: A. Any person or entity engaged in the alarm business within the City should comply with the following: 0 AGENDA ITEM # 7. 0 ORDINANCE NO. 1. Attempt to verify the alarm by calling the alarm site and/or alarm user by telephone, to determine whether an alarm is valid before requesting dispatch. 2. Communicate any available information about the location of the alarm. 3. Communicate a cancellation to the law enforcement communications center as soon as possible following a determination that a response is unnecessary. B. Prior to activation of the Alarm System, the alarm company should provide to each alarm user: 1. Instructions explaining the proper operation of the Alarm System; and 2. Written information of how to obtain service from the alarm company for the Alarm System. 6-3-7 VIOLATIONS: A. Any violation of this chapter is hereby declared to be a public nuisance, subject to abatement and/or punishment in accordance with RMC 1-3. In addition to any remedies or penalties prescribed by RMC 1-3, fees shall be charged: 1. For a false alarm to occur on an alarm user's property; 2. To install, maintain, or use an audible Alarm System which sounds continually for more than fifteen (15) minutes; 3. To install, maintain, or use an automatic dial protection device that reports, or causes to be reported, any recorded message to the Renton Police Department or 9-1-1; 7 AGENDA ITEM # 7. 0 ORDINANCE NO. 4. To fail to timely register an Alarm System; 5. To fail to provide updated information to the City as described in this chapter; or 6. To fail to comply with any other requirement of this chapter. B. Any violation of this chapter shall result in a fee, as determined by the City of Renton Fee Schedule. 6-3-10 APPEALS: A. If the City assesses a fee, suspends, denies, or fails to renew the alarm registration, the City or its designee shall send written notice of the action and a statement of the right to appeal to the Alarm User. B. Any Alarm User may appeal an assessment of a fee, a suspension of an alarm registration, or other enforcement action to the City by mailing the appeal to the address as shown on the notice within fifteen (15) days after receipt of the notice. The appeal must set forth in writing the reasons for the appeal and any evidence that should be considered. The failure to give notice of appeal within fifteen (15) days shall constitute a waiver of the right to contest the violation(s) or enforcement action(s). C. If a hearing is requested, written notice of the time, place, and manner of the hearing shall be mailed to the address of the Alarm User as contained in the alarm registration, at least fifteen (15) days prior to the date of the hearing, which shall be held no more than forty-five (45) days after the request for hearing is received. 0 AGENDA ITEM # 7. 0 ORDINANCE NO. D. The appeal shall be administered by the Chief of Police or his/her designee (Hearing Officer). The Alarm User and a representative of the Police Department shall have the right to present written and/or oral evidence. If the Hearing Officer determines, after the presentation of evidence, that any violations have occurred, the Hearing Officer shall issue written findings and record the findings in the alarm user's record within thirty (30) days, and the fees shall be ordered to be paid. If the Hearing Officer determines that no violation has been committed, the fee, if already paid, shall be refunded within thirty (30) days, and no finding of violation may be entered on the alarm user's record. E. The appeal decision made by the Hearing Officer may be appealed to the King County Superior Court within thirty (30) calendar days from the date the decision is issued. SECTION II. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION III. This ordinance shall be in full force and effect February 1, 2019, but no earlier than thirty (30) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk 9 AGENDA ITEM # 7. 0 ORDINANCE NO. APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2006:11/16/18:scr Denis Law, Mayor 10 AGENDA ITEM # 7. g) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-8-110.F AND 4-9-070.111 OF THE RENTON MUNICIPAL CODE, BY ALLOWING THE CITY COUNCIL TO RENDER A QUASI-JUDICIAL APPEAL DECISION AFFIRMING THE UNDERLYING DECISION WITHOUT SUBSTANTIVE REVIEW, ELIMINATING A HEARING EXAMINER APPEAL WHEN THE HEARING EXAMINER IS THE UNDERLYING DECISION MAKER, SPECIFYING APPEAL PATHS FOR PROCEDURAL AND SUBSTANTIVE ENVIRONMENTAL APPEALS, AND PROVIDING WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 30, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on September 5, 2018, considered all relevant matters, and heard all parties appearing in support or in opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-8-110.F of the Renton Municipal Code is amended as follows: F. APPEALS TO CITY COUNCIL: 1. Standing and Parties to the Appeal: See subsection C of this Section. 2. Time to File: See subsection C of this Section. 3. Notice of Appeal: See subsection C of this Section. 1 AGENDA ITEM # 7. g) ORDINANCE NO. 4. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council. The cost of transcription of the hearing record shall be borne by the appellant (if other than the applicant). If a transcript is made, the appellant (if other than the applicant) is required to provide a copy to the City Clerk and the Renton City Attorney at no cost. It shall be presumed that the record before the City Council is identical to the hearing record before the Hearing Examiner. S. Burden: The burden of proof shall rest with the appellant. 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional arguments based on the record by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may modify or reverse the decision of the Hearing Examiner accordingly. 8. Alternative Citv Council Procedure: As an alternative to the provisions of RMC 4-8-110.F.5 through RMC 4-8-110.F.7, the City Council shall affirm without review a decision of the Hearing Examiner if one or more of the followi circumstances exist: a. More than one (1) timely notice of aooeal was filed. For the purposes of this subsection, an amended or supplemental notice of appeal timely filed by the same appellant shall not be deemed a separate notice of appeal; 2 AGENDA ITEM # 7. g) ORDINANCE NO. b. The project at issue in the Hearing Examiner's decision has more than fifteen (15) documented parties of record: c. The protect at issue in the Hearing Examiner's decision was issued a Determination of Significance (DS) under the State Environmental Poli d. A timely notice of appeal asserts that the jurisdiction of one or more agencies other than the City has bearing on the outcome of the appeal; or e. A timely notice of appeal asserts that one or more treaty rights have bearing on the outcome of the appeal. 99. Decision Documentation: The decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. .910. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Hearing Examiner shall be final and conclusive, unless timely appealed. SECTION III. Subsection 4-9-070.R of the Renton Municipal Code is amended as follows: R. APPEALS: 1. Except for permits and variances issued pursuant to RMC 4-3-090, Shoreline Master Program Regulations, when any proposal or action is gFanted, conditioned; or denied on the basis of SEPA substantive authority by a nonelected official other than the Hearing Examiner, the decision shall be appealable to the Hearing Examiner under the provisions of RMC 4-8-110, Appeals. When such a 3 AGENDA ITEM # 7. g) ORDINANCE NO. proposal or action is conditioned or denied on the basis of SEPA substantive authoritv by an elected official or by the Hearin.Q Examiner. there shall be no administrative appeal. 2. Except for permits and variances issued Dursuant to RMC 4-3-090 Shoreline Master Program Regulations, when any proposal or action is challenged as to a SEPA Drocedural determination, there shall be no administrative aDDeal. SECTION IV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of 12018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of 12018. Denis Law, Mayor 21 ORDINANCE NO. AGENDA ITEM # 7. g) Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2013:11/20/18:scr AGENDA ITEM # 7. h) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 9-11-2, 9-11-5, AND 9-11-7 OF THE RENTON MUNICIPAL CODE, BY DEFINING THE TERM HONORARY STREET NAME, ESTABLISHING PROCEDURES FOR THE ASSIGNMENT OF HONORARY STREET NAMES, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City sought a medium to recognize individuals and organizations who have made exemplary contributions to the betterment of the Renton community; and WHEREAS, Staff recommended the assignment of honorary street names as way to recognize such individuals and organizations; and WHEREAS, the City did not previously have procedures in place for honorary street names; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 25, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 6, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. 1 AGENDA ITEM # 7. h) ORDINANCE NO. SECTION II. Section 9-11-2 of the Renton Municipal Code is amended as follows: 9-11-2 DEFINITIONS: For the purposes of this Section the following abbreviations and definitions are established: A. Abbreviations: The United States Postal Service standard abbreviations shall be used for all street name parts where abbreviations are commonly used. B. Campus Address: One address assigned to the campus. Within the campus each building shall be assigned either a number or letter. Units or individual sections within campus buildings shall be identified by number assigned by the property owner. All campus addressing shall be subject to the approval of the Fire Chief. C. Classes Of Address: There are five (5) classes of address which include situs, structure, unit, campus and mail. D. Honorary Street Name: Honorary street names are unofficial street names intended to honor and recognize individuals or groups who have made significant contributions to the City without changing the official name of the street or the official addresses of residences or businesses on the street. BE. Mail Address: The mail, or mailing, address is the address used by the U.S. Postmaster. €F. Private Roads: A private road with three (3) or more houses is designated according to its place on the grid. If the end of the private road cannot be easily seen from the main road, it will need to be designated, and the range of addresses 2 AGENDA ITEM # 7. h) ORDINANCE NO. located on the road indicated by sign at the main road. Plan n Wei The City will not install street signs on private property. 1=G. Residential Accessory Building: A structure used for storage located on a residential lot which will not be addressed. GH. Situs Address: Every platted lot shall be assigned a situs address most nearly corresponding to the expected address as if the lot contained a single structure. #I. Structure Address: One address shall be assigned to each building, except residential accessory buildings, and except nonresidential buildings that have more than one street frontage with approval by the Fire Department. In the event of planned urban development, office park, or industrial complex which incorporates several buildings, or has the potential to add one or more buildings, provision shall be made to allow for buildings to be addressed as separate addresses, one per building. In the event address numbers are not available for more than one building, alphabetical suffixes for each building in the complex shall be applied. Structure addresses shall be expressed in whole numbers, with no fractional appendages. 1J. Unit Address: The unit address is the structure address plus the unit, room, or suite number. SECTION III. Section 9-11-5 of the Renton Municipal Code is amended as follows: 9-11-5 ROADWAY NAMES: Cl AGENDA ITEM # 7. h) ORDINANCE NO. A. The following convention shall be used to designate City roadways. It is not intended to name every roadway existing within the current City; the intention of this Section is to clearly establish the grid. B. North -south roadways, beginning at Rainier Avenue, shall be named consecutively: Easterly Westerly Lake Hardie Davis Taylor Shattuck Maple Whitworth Lind Morris Stevens Smithers Seneca Burnett Earlington Williams Raymond Wells Thomas Main Pacific Mill Powell Cedar Oakesdale Renton Naches Grant High Jones Kennewick Lincoln Monterey Aberdeen Blaine Camas Ifl AGENDA ITEM # 7. h) ORDINANCE NO. Easterly Westerly Dayton Edmonds Ferndale Glennwood Harrington Index Jefferson Kirkland Lynnwood Monroe Newport Olympia Pierce Queen Redmond Shelton Tacoma Union Vashon Whitman Anacortes Bremerton Chelan Duvall Elma Field Graham Hoquiam Ilwaco AGENDA ITEM # 7. h) ORDINANCE NO. Easterly Westerly Jericho Kitsap Lyons Mt. Baker Nile Orcas Pasco Quincy Rosario Shadow Toledo Underwood Vantage Wapato Yakima Zillah C. East -west roadways shall be named northerly and southerly from the main east -west division line as identified in RMC 9-11-4, Area Divisions. Northerly from said division line, each grid shall increase from North 1st Street through North 11th Place alternately 1st Street, 1st Place, ... 11th Street, 11th Place, thereafter the grid shall numerically increase incrementally to the City limits as North 12th Street, North 13th Street, etc. Southerly from said division line, each grid shall increase from South 1st Street through South 5th Place alternately as north of said division, thereafter the grid shall numerically increase incrementally to the City limits. 9 AGENDA ITEM # 7. h) ORDINANCE NO. D. Newly constructed streets shall be considered extensions of the existing street to which they connect. If the new street connects a street named under the convention outlined above to one established prior to annexation, the new segment of street should be given the Renton name until it connects to an existing street at an existing intersection. For example, a newly constructed segment of Powell Avenue Southwest that connects to 82nd Avenue South shall be named Powell Avenue Southwest. E. The City may use honorary street names to honor individuals or organizations that have made significant contributions to the City. Honorary street name signs shall be posted above the official street name and made distinguishable from the official street name by color. One honorary street name may be permitted for each existing, official street name. Only public streets in the City will be considered for an honorary street name; honorary street names will not be considered for private streets and driveways. 1. Requests for Honorary Street Names: Any private party who is a resident, property owner, elected official, City of Renton employee, or person operating a business within the City may request an honorary street name designation on any public street. Requests shall be submitted to the Community and Economic Development Department in writing. The request shall include a summary of contributions and accomplishments made by the individual or organization to justify the honorary street name. AGENDA ITEM # 7. h) ORDINANCE NO. 2. Filing Fee: Upon the filing of the honorary street name request, the applicant shall simultaneously pay the filing fee in the amount stipulated in the City of Renton Fee Schedule. City initiated requests and those initiated by an elected official will not be assessed a fee. 3. In the event of a proposed street name change, staff assigned by the Community and Economic Development Department shall notify property owners addressed on the street of the proposed change. A fourteen (14) day comment period will be provided prior to a public hearing. 4. The City Council shall hold a public hearing to review the requested honorary street name based on the following: a. The proposed honorary street name is in the public interest and is not detrimental to the public health, safety and general welfare of the community. b. The summary of contributions and accomplishments to justify the honorary street name, to be provided by the applicant. c. Written comments from interested persons. d. Evidence presented at the public hearing. 5. After the close of the public hearing, the City Council shall determine whether the honorary street name should be granted. 6. Applicant shall pay an honorary street name processing fee in the amount stipulated by the City of Renton Fee Schedule to defray the remaining administrative costs of processing and installation of the honorary street name AGENDA ITEM # 7. h) ORDINANCE NO. SECTION IV. Section 9-11-7 of the Renton Municipal Code is amended as follows: 9-11-7 CHANGE OF ADDRESS: The owners of an interest in any real estate abutting upon any roadway within the City may petition the City for a change of address, with the exception that addresses within the subdivisions and short subdivisions ,^a "aa..cr,*^^-q recorded since 1993 shall not change unless deemed a life safety hazard by the Fire Marshal. The petitieR Sha" ; ,.'„a„ ^ Rt ^f ^„^ ",,,,ared della.S ($190 nm to defFay the .,a.,..;..;S+.-atiye -s 94 ^ . Upon filing of the petition, the petitioning owners shall simultaneously pay a filing fee in the amount stipulated in the Fee Schedule. SECTION V. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of 12018. Jason A. Seth, City Clerk AGENDA ITEM # 7. h) ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2027:12/4/18:scr Denis Law, Mayor we, AGENDA ITEM # 7. i) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 4-4 OF THE RENTON MUNICIPAL CODE, BY ADDING SECTION 4-4-055, SHORT- TERM RENTALS, REGULATING SHORT-TERM RENTALS OF A DWELLING UNIT OR PORTION THEREOF, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 25, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on May 9, 2018, considered all relevant matters, and heard all parties appearing in support or in opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Chapter 4-4 of the Renton Municipal Code is amended to add a new section 4-4-055, to read as follows: 4-4-055 SHORT-TERM RENTALS: A. APPLICABILITY: The standards of this section apply to the short-term rental of a dwelling unit or Dortion thereof. For the Duraoses of this section. it shall be determined that a 1 AGENDA ITEM # 7. i) ORDINANCE NO. dwelling unit is being used as a short-term rental if the owner or person in charge of such real property commits anv of the following actions: 1. advertises their property for overnight accommodations through online marketplaces, newspapers, or other publications; 2. hires a property manager to handle the rental of the property; or 3. en2aRes in short-term rentals (less than thirtv (30) continuous da three (3) or more times in a year. B. REQUIREMENTS: 1. Business License: Owners of property used as a short-term rental must obtain a Citv of Renton Business License. 2. Owner -Occupancy: The dwelling must be owner -occupied if multiple rties rent at the same time. 3. Maximum Number of Guests: The number of guests, and owners or related familv if the unit is owner -occupied during rentals. is limited to two (2) per bedroom. 4. Off -Street Parkine: Off-street Darkin2 shall be provided pursuant to Title IV RMC. One (1) additional space is required if the unit is owner -occupied. 5. Safety Regulations: Property used as a short-term rental shall comply with applicable International Fire Code and Prevention Regulations (RMC 4-5- 070). and have a safetv sign/maD in each bedroom that shows the location of fire extinguishers, gas shut-off valves, and exits. 2 AGENDA ITEM # 7. i) ORDINANCE NO. 6. Property Maintenance: Property used as a short-term rental shall comply with International Property Maintenance Code (RMC 4-5-130). C. VIOLATIONS OF THIS SECTION AND PENALTIES: erson in violation of this section shall be Ruilty of a misdemeanor, subiect to RMC 1-3-1. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2018. APPROVED BY THE MAYOR this Jason A. Seth, City Clerk day of 12018. Denis Law, Mayor 3 ORDINANCE NO. AGENDA ITEM # 7. i) Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2025:10/9/18:scr AGENDA ITEM # 7. j) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING "GROUND LEVEL DETAILS" IN SUBSECTION 4-3-100.E.5 AND ADDING COMMERCIAL SIGN REGULATIONS REGARDING BUILDINGS LOCATED IN THE CD ZONE TO SUBSECTION 4-4-100.H.4.b OF THE RENTON MUNICIPAL CODE, REGARDING DOWNTOWN WINDOW TRANSPARENCY, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 25, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 6, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. "Ground Level Details" in subsection 4-3-100.E.5 of the Renton Municipal Code is amended as follows: 5. Building Architectural Design: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are 1 AGENDA ITEM # 7. j) ORDINANCE NO. suitable for the Pacific Northwest climate and to discourage franchise retail architecture. BUILDING CHARACTER AND MASSING Intent: To ensure that buildings are not bland and so that they appear to be at a human scale, as well as to ensure that all sides of a building which can be seen by the public are visually interesting. Guidelines: Building facades shall be modulated and/or articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standards: Both of the following are required: 1. All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). Districts 2. Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in A and D height, and eight feet (8') in width. 3. Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (illustration in District B, below); or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. All of the following are required: 1. All building facades shall include modulation or articulation at intervals of no more than twenty feet (20'). District 12. Modulations shall be a minimum of two feet (2') in depth and four feet (4') in B width. 3. Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (illustration below); or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. 2 AGENDA ITEM # 7. j) ORDINANCE NO. District C F- LU N W w � Z O 'J Z w 0 c7 0 a��IIDID��I����I�I�DfIID�IDI�IDII�DIIIIIDU�°'''r Q More than 160' _I Facade is too long U) UJI ww 160 or less 160 or less Meets guideline Meets guideline All of the following are required: 1. All building facades shall include measures to reduce the apparent scale of the building and add visual interest. Examples include modulation, articulation, defined entrances, and display windows (illustration below). ❑!❑ L -j ❑!❑ Fr L �I� J i1NTERVALiINTERVALi 2. All buildings shall be articulated with one or more of the following: a. Defined entry features; b. Bay windows and/or balconies; C. Roof line features; or d. Other features as approved by the Administrator. 3 AGENDA ITEM # 7. j) ORDINANCE NO. 3. Single purpose residential buildings shall feature building modulation as follows (illustration below): 4. All buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (as illustrated in District B above); or provide an additional special design feature such as a clock tower, courtyard, fountain, or public gathering area. GROUND LEVEL DETAILS Intent: To ensure that buildings are visually interesting and reinforce the intended human - scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. 4 AGENDA ITEM # 7. j) ORDINANCE NO. 4'-6" min c E co RECESS OVERHANG CANOPY TRELLIS PORTICO PORCH Standards: All of the following are required: 1. Human -scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade's ground floor. Any facade v--ihle to the public shall be e rised of at least fifty n nt (50074) that is between fGUF feet (4') and eight feet (8') -.heye g nd I .� Fneas iced- nn the tERIe nleyatinn\ Upper portions of building facades shall have clear windows with visibility into 2. and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows All shall be fifty percent (50%). Districts 4-. Display windows shall be designed for frequent change of merchandise, rather 30 than permanent displays. Display racks and fixtures may not obscure more than fifty percent (50%) of the window space. 5- , 4. Window coverings, such as blinds and curtains, must be functional, they may not be affixed so that they cannot be open and/or closed. All of the following are prohibited: 1. Tinted and dark glass, highly reflective (mirror -type) glass and film. 2. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways. AGENDA ITEM # 7. j) ORDINANCE NO. A wall (including building facades and retaining walls) is considered a blank wall if: It is a ground floor wall or portion of a ground floor wall over six feet (6) in height, has a horizontal length greater than fifteen feet (15'), and does not include a window, door, building modulation or other architectural detailing; or ii. Any portion of a ground floor wall has a surface area of four hundred (400) square feet or greater and does not include a window, door, building modulation or other architectural detailing. b. If blank walls are required or unavoidable, they shall be treated. The treatment shall be proportional to the wall and use one or more of the following (illustration below): i. A planting bed at least five feet (5') in width abutting the blank wall that contains trees, shrubs, evergreen ground cover, or vines; ii. Trellis or other vine supports with evergreen climbing vines; iii. Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; iv. Artwork, such as bas-relief sculpture, mural, or similar; or Seating area with special paving and seasonal planting. Trellis with vines or other plants Min. 5' wide planting bed and materials to cover 50% of wall within 3 years 1. Where windows or storefronts occur, they must only contain clear glazing. Tinted, dark, and highly reflective (mirror -type) glass and film is prohibited. 2. Any facade visible to the public shall be comprised of at least seventy-five percent (75%) transparent windows and/or doors for at least the portion of the 6 AGENDA ITEM # 7. j) ORDINANCE NO. ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). District A 3. Opaque signage is only allowed on or in more than ten percent (10%) of the window space. Stenciled or other signage types that allow visibility into the building is encouraged and do not count toward the ten percent (10%) calculation of signage in windows. 1. Any facade visible to the public shall be comprised of at least fifty percent (50%) transparent windows and/or doors for at least the portion of the ground floor Districts facade that is between four feet (4') and eight feet (8') above ground (as B, C, &D measured on the true elevation). 2. Where windows or storefronts occur, they must principally contain clear glazing. Tinted, dark, and highly reflective (mirror -type) glass and film is prohibited. BUILDING ROOF LINES Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. Standards: The following is required: At least one of the following elements shall be used to create varied and Districts interesting roof profiles (illustration below): A, C, 1. Extended parapets; and D 2. Feature elements projecting above parapets; 3. Projected cornices; 4. Pitched or sloped roofs. ORDINANCE NO. AGENDA ITEM # 7. j) Extended Prqiected cornices Feature elements projecting Pitched or sloped roofs 5. Roof mounted mechanical equipment shall not be visible to pedestrians. Buildings containing predominantly residential uses shall have pitched roofs with a minimum slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the massiveness of an uninterrupted sloping roof. BUILDING MATERIALS Intent: To ensure high standards of quality and effective maintenance over time and encourage the use of materials that reduce the visual bulk of large buildings, as well as to encourage the use of materials that add visual interest to the neighborhood. Guidelines: Building materials are an important and integral part of the architectural design of a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate monotony of facades. This shall occur on all facades in a consistent manner. High quality materials shall be used. If materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. Standards: All of the following are required: 1. All sides of buildings visible from a street, pathway, parking area, or open space All shall be finished with the same building materials, detailing, and color scheme. Districts A different treatment may be used if the materials are of the same quality. 2. All buildings shall use material variations such as colors, brick or metal banding, patterns or textural changes. 3 AGENDA ITEM # 7. j) ORDINANCE NO. 3. Materials, individually or in combination, shall have texture, pattern, and be detailed on all visible facades. 4. Materials shall be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre - finished metal, stone, steel, glass and cast -in -place concrete. 5. If concrete is used, walls shall be enhanced by techniques such as texturing, reveals, and/or coloring with a concrete coating or admixture. 6. If concrete block walls are used, they shall be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or shall incorporate other masonry materials. Districts The following is required: A, C, All buildings shall use material variations such as colors, brick or metal banding, and D patterns, or textural changes. SECTION Ill. Subsection 4-4-100.H.4.b of the Renton Municipal Code is amended to add a new row at the bottom of the Category C table regulating commercial signs for buildings located in the CD Zone, to read as shown below. All other provisions in 4-4-100.H.4.b remain in effect and unchanged. SIGN CATEGORY TYPE AND NUMBER OF SIGNS ALLOWED Buildings located in the Opaque signage is only allowed on or in no more than 10% of the window space. Stenciled or other signage types that allow visibility into the building is encouraged CD Zone: and do not count toward the 10% calculation of signage in windows. SECTION IV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. 9 AGENDA ITEM # 7. j) ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2034:10/18/18:scr Denis Law, Mayor 10 AGENDA ITEM # 7. k) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-9-250.B.1 OF THE RENTON MUNICIPAL CODE, BY ADDING DEVELOPMENT STANDARDS FROM WHICH COMMERCIAL AND INDUSTRIAL LAND USES CAN BE GRANTED A VARIANCE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City variance process establishes procedures that grant relief from the requirements of development regulations which permits construction in a manner that otherwise is prohibited; and WHEREAS, the variance procedures grant the Administrator authority to grant variances from certain development standards (setbacks, lot coverage, lot width, lot depth, allowed projections into setbacks, and building height) when no other permit or approval requires Hearing Examiner review; and WHEREAS, variances from setbacks, lot coverage, lot width, lot depth, allowed projections into setbacks, and building height should be applied consistently for residential, commercial and industrial land uses; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 25, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 20, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; 1 AGENDA ITEM # 7. k) ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-9-250.13.1 of the Renton Municipal Code is amended as shown below. All other provisions of RMC 4-9-250 remain in effect and unchanged. 1. Authority and Applicability for Administrative Variances: The Community and Economic Development Administrator shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Examiner review: a. Residential Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, building height, and lot coverage. Lot width, lot depth, and setback variations do not require a variance if the request is part of a stream daylighting proposal and meets criteria in RMC 4-3-0501; and b. Commercial and Industrial Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, building height, and lot coverage, screening of surface - mounted equipment, and screening of roof -mounted equipment. c. Proposals Located Within Critical Areas: i. Wellhead Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public 2 AGENDA ITEM # 7. k) ORDINANCE NO. health, safety and welfare, the applicant of a development proposal may apply for a variance. ii. Flood Hazards: Variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regulations. iii. Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: Variances from the geologic hazard requirements of RMC 4-3-050, Critical Areas Regulations. iv. Wetlands: for Category IV. (a) Creation/restoration/enhancement ratios: Categories I and 11. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050 (c) A new or expanded single family residence on an existing, legal lot, having a regulated Category IV wetland. (d) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category I or II. v. Streams and Lakes: (a) A new or expanded single family residence on a pre-existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050, Streams and Lakes, for Types F, Np, and Ns. 3 AGENDA ITEM # 7. k) ORDINANCE NO. (c) Activities proposing to vary from stream regulations not listed elsewhere in RMC 4-9-250.B.1.a, and authorized to be requested as variances in RMC 4- 3-050. vi. General: Public/quasi-public utility or agency proposing to alter wellhead protection, geologic hazard, habitat or wetlands regulations not listed above. d. Proposals to Vary from the Drainage Standards: If an applicant feels that the application of the regulations in the Surface Water Design Manual would deny all reasonable use of the property, the applicant of a development proposal may apply for a variance. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk 21 AGENDA ITEM # 7. k) ORDINANCE NO. APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD: 2028:9/24/18:scr Denis Law, Mayor 5 AGENDA ITEM # 7. 1) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-045.F.2, 4-6-010.C, 4-6-060.11), 4-6-060.J.3, 4-6-080.K, 4-7- 020.A, 4-7-020.11), 4-7-050.113, 4-7-050.C.6, 4-7-050.D.7, 4-7-060.E.3, 4-7-060.F, 4- 7-060.G, 4-7-060. H, 4-7-070.A, 4-7-070. H .1, 4-7-070.J, 4-7-070. L, 4-7-070. M, 4-7- 070.0, 4-7-080.E, 4-7-080.J, 4-7-0801, 4-7-110.C, 4-7-130.A, 4-7-200.E, AND 4-9- 060.C, SECTIONS 4-7-140 AND 4-7-190, AND THE DEFINITIONS OF "LOT LINE ADJUSTMENT MAP" IN SUBSECTION 4-8-120.D.12, AND "SHORT PLAT OR BINDING SITE PLAN MAP, FINAL" IN SUBSECTION 4-8-120.D.19, OF THE RENTON MUNICIPAL CODE, STREAMLINING, CLARIFYING, AND UPDATING SHORT PLAT AND FORMAL PLAT PROCESSES, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 25, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 20, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-1-045.F.2 of the Renton Municipal Code is amended as follows: 1 AGENDA ITEM # 7. 1) ORDINANCE NO. F. DURATION OF APPROVALS: 1. Building Permits: Development of a building shall be based on the controls contained in the approved permit application. Vesting rights applicable to building permit applications would expire pursuant to permit expiration periods identified in the International Building Code (IBC) and adopted by reference herein in RMC 4-5-050, as it exists or may be amended. 2. Preliminary Plat: Development of an approved preliminary plat shall be based on the controls contained in the Hearing Examiner's decision. A final plat meeting all of the requirements of the preliminary plat approval shall be submitted within five (5) years of the effective date of the Hearing Examiner's decision, unless a different time limitation was specifically authorized in the final approval. Any ext nsien of time ,,,.,end this five (5) years' limit tier may ntain 3. Final Plat: The lots in a final plat may be developed by the terms of approval of the final plat, and the development regulations in effect at the time the preliminary plat application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 4. Conditional Use Permit: The use authorized in a conditional use permit shall be allowed to develop for a period of two (2) years from the effective date of the permit approval unless a different time limitation was specifically 2 AGENDA ITEM # 7. 1) ORDINANCE NO. authorized in the final approval. The development of an approved conditional use permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 5. Permits Associated with a Preliminary Plat: Permit applications, such as Planned Urban Developments (PUD) applications that are approved as a companion to a preliminary plat application shall remain valid for the duration of the preliminary and final plat as provided in subsections F2 and 3 of this Section, as they exist or may be amended. 6. Short Plat: The lots in a short plat may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 7. Shoreline Development Permits: An approved Shoreline Permit shall be allowed to develop pursuant to the time limitations listed in RMC 4-9-190J (Time Requirements For Shoreline Permits), as it exists or may be amended. The development of an approved shoreline permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 8. All approvals described in this Section shall be vested for the specific use, density, and physical development identified in the permit approval. 3 AGENDA ITEM # 7. 1) ORDINANCE NO. SECTION III. Subsection 4-6-010.0 of the Renton Municipal Code is amended as follows: C. OVERSIZING OF UTILITIES AND REIMBURSEMENT BY CITY: If it has been determined that it would be to the best interests of the City and the general locality to be benefited thereby to install a larger size main than one then needed or considered by the applicant wider, owners or developers immediately abutting upon the street, alley or easement in which such a main is to be placed, then the City may, at its discretion, require the installation of such a larger sized main in which case the City shall pay the increased difference in cost between the installation cost of the similar main and of the larger main. Any party required to oversize utilities may request that utility participate in the cost of the project. SECTION IV. Subsections 4-6-060.D and 4-6-060.J.3 of the Renton Municipal Code are amended as shown below. All other provisions of 4-6-060 remain in effect and unchanged. D.. EXEMPTIONS: The following exemptions shall be made to the requirements listed in this Section: 1. New construction or addition with valuation less than one hundred fifty thousand dollars ($150,000.00) (the value of which shall be reviewed in conjunction with mandatory periodic updates of the Comprehensive Plan and based on the Seattle Construction Cost Index). 2. Interior remodels of any value not involving a building addition. 21 AGENDA ITEM # 7. 1) ORDINANCE NO. 3. If demonstrated as necessary to mitigate an extreme hardship not caused by the requestor. J. SHARED DRIVEWAY STANDARDS: 1. Where Permitted: Shared driveways may be allowed for access to four (4) or fewer residential lots, provided: a. At least one of the four (4) lots abuts a public right-of-way and the street frontage of the lot is equal to or greater than the lot width requirement of the zone; lots; b. The subject lots are not created by a subdivision of ten (10) or more c. A public street is not anticipated by the City of Renton to be necessary for existing or future traffic and/or pedestrian circulation through the short subdivision or to serve adjacent property; d. The shared driveway would not adversely affect future circulation to neighboring properties; e. The shared driveway is no more than three hundred feet (300') in length; and f. The shared driveway poses no safety risk and provides sufficient access for emergency vehicles and personnel. 2. Minimum Standards: Shared driveways shall be within a tract; the width of the tract and paved surface shall be a minimum of sixteen feet (16'); the Fire Department may require the tract and paved surface to be up to twenty feet (20') 5 AGENDA ITEM # 7. 1) ORDINANCE NO. wide. If a shared driveway abuts properties that are not part of the subdivision, an eight foot (8') wide landscaped strip shall be provided between the shared driveway and neighboring properties. The landscape strip shall be within a tract and planted with a mixture of trees, shrubs, and groundcover, as required in RMC 4-4-070. The shared driveway may be required to include a turnaround per subsection H of this Section. No sidewalks are required for shared driveways; however, drainage improvements pursuant to City Code are required (i.e., collection and treatment of stormwater), as well as an approved pavement thickness. The maximum grade for the shared driveway shall not exceed fifteen percent (15%), except for within approved hillside subdivisions. 3. Signage Required: Appurtenant traffic control devices including installation of "No Parking" signs, as required by the Department of Community and Economic Development, shall be provided by the applicant subdivider. Lots served by the shared driveway shall be addressed to the public street to which the shared driveway connects. 4. Tract Required: The shared driveway shall be wholly within a tract. The tract shall be shown and recorded on the face of the plat to be preserved in perpetuity. The owners of the subject lots shall have an equal and undivided interest in the ownership of the tract. 5. Easement Required: An access easement shall be recorded with the King County Recorder's Office and be shown on the face of the plat to encumber the entirety of the tract. The easement shall prohibit any temporary or permanent 0 AGENDA ITEM # 7. 1) ORDINANCE NO. physical obstructions within the easement including, but not limited to, the parking of non -emergency vehicles. 6. Timing of Improvements: The shared driveway must be installed prior to recording of the plat unless approved for deferral. 7. Lot Type and Orientation: The Administrator may permit lots that only front a shared driveway to be designated as a corner lot. If permitted by the Administrator, lot width, lot depth and yard setbacks shall be measured consistent with the corner lot designation (see illustration below). 8. Maintenance: The applicant shall ensure the shared driveway can be continually maintained to minimum standards listed in this section by the owners of the lots served by the driveway to the satisfaction of the City of Renton, prior to the recording of the short plat. 9. Covenants, Conditions and Restrictions: Covenants, conditions and restrictions, which are approved by the Administrator, shall be recorded with the King County Recorder's Office. The applicant shall provide a copy of the recorded document. These covenants shall provide for, at a minimum, the following: a. Maintenance, repair, operation, and payment of taxes for the commonly owned tract and facilities; and b. These covenants shall run with the land and be irrevocable and binding on all the property owners, including their assigns, heirs, and successors. 10. Exception for Joint -Use Driveway Extending from Emergency Turnaround: A driveway that extends from the terminus of an emergency 7 AGENDA ITEM # 7. 1) ORDINANCE NO. turnaround (excluding cul-de-sacs) and provides access to no more than two (2) lots shall be permitted as joint -use driveway that does not take access from a public right-of-way (see illustration below). The joint -use driveway shall be constructed to City standards prior to recording the short plat, and a reciprocal access easement for the benefit of the two (2) lots, in a form satisfactory to the City Attorney, shall be recorded with the King County Recorder. CL — Corner. L IL = Interior l joint -use dnveway or depth Iscape strip Tact) d driveway act) SECTION V. Subsection 4-6-080.K of the Renton Municipal Code is amended as follows: K. INSTALLATION OF SERVICE PRIOR TO COMPLETION OF STREET CONSTRUCTION: Whenever it is deemed prudent, in case of a new development or subdivision, to install the three -fourths inch (3/4") service from the main to the property line, hereinafter referred to as "stub service" prior to completion of street construction, the City will provide such service for sixty percent (60%) of the then current installation cost for such service. At such time that meter installation is AGENDA ITEM # 7. 1) ORDINANCE NO. requested, the remaining balance of the then current rate shall be collected and paid for by such developer or applicant subdivideF. SECTION VI. Subsections 4-7-020.A and 4-7-020.D of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-020 remain in effect and unchanged. 4-7-020 ADMINISTERING AUTHORITY: A. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ("the Department" GEC): £€The Department of Community and Economic Development is responsible for the administration and coordination of this Chapter including but not limited to reviewing all engineering and technical requirements of this Chapter, unless another department is authorized to administer and enforce a specific section or sections. B. ADMINISTRATOR: The Community and Economic Development Administrator shall review and make recommendations to the Hearing Examiner for preliminary plats, but shall have the authority to approve short plats and final plats. C. HEARING EXAMINER: The Hearing Examiner is authorized to hold a public hearing on all preliminary plats and approve, conditionally approve, or deny all preliminary plats. D.: PUBLIC WORKS ADMINISTRATOR: 9 AGENDA ITEM # 7. 1) ORDINANCE NO. The Administrator of the Department of Public Works is authorized to sign final plats approved by the Administrator of the Department of Community and Economic Development. SECTION VII. Subsections 4-7-050.13, 4-7-050.C.6, and 4-7-050.D.7 of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-050 remain in effect and unchanged. 4-7-050 GENERAL OUTLINE OF SUBDIVISION, SHORT PLAT AND LOT LINE ADJUSTMENT PROCEDURES: A. PRE -APPLICATION MEETING: Any person who desires to subdivide land in the City should request a preapplication meeting with the Department at an early date in order to become familiar with the requirements of this Chapter. B. APPLICATION FOR LOT LINE ADJUSTMENT — GENERAL OVERVIEW OF PROCEDURES: The general administrative procedures for processing applications for a lot line adjustment are as follows: 1. Application: The completed application is filed with the Department, 2. Review: The application is reviewed by the Department staff.; 3. Decision: The adjustment is either approved, modified, or denied by the Administrator.; 10 AGENDA ITEM # 7. 1) ORDINANCE NO. 4. Recording: The approved lot line adjustment is recorded bythe City Clerk with the King County DepakmeRt of o^^^rds -,rd Eleet; R. Recorder's Office. C. APPLICATION FOR SHORT SUBDIVISION — GENERAL OVERVIEW OF PROCEDURES: The general procedures for processing applications for a short subdivision are as follows: 1. Application: The completed application is filed with the Department. 2. Public Notice: Public comment is requested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general local circulation, and (c) written notice is mailed to all property owners within three hundred feet (300') of the subject property. A fourteen (14) day comment period is provided prior to a determination on the application. 3. Review: The application is reviewed by the Department and other interested City departments and outside agencies. 4. Short Plats: The Administrator may approve, modify, or deny the short subdivision; or transfer the matter to the Hearing Examiner for a public hearing and decision. 5. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Administrator. 6. Recording: The final short plat is submitted to the Department for final review, approval and recording with the King County Recorder's Office. 11 AGENDA ITEM # 7. 1) ORDINANCE NO. D. APPLICATION FOR SUBDIVISION — GENERAL OVERVIEW OF PROCEDURES: The general procedures for processing an application for a subdivision are as follows: 1. Application: The completed application is filed with the Department. 2. Public Notice: Public comment is requested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general local circulation, and (c) written notice is mailed to all property owners within three hundred feet (300') of the subject property. A fourteen (14) day comment period is provided prior to a public hearing on the application. 3. Initial Review: The application is reviewed by the Department and other interested City departments and outside agencies. 4. Recommendation: The Administrator will send a recommendation to the Hearing Examiner along with the environmental determination. 5. Hearing: The Hearing Examiner shall hold a public hearing and issue a final determination regarding the preliminary plat. 6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Administrator. 7. Final Review: The applicant submits the final plat to the Department of Gern Rity Rd Er^^^mir Devel^^m^^* for its review. The E€P-Department shall approve, deny, or return to the applicant for modification or correction a 12 AGENDA ITEM # 7. 1) ORDINANCE NO. proposed final plat. If approved, the final plat will be forwarded to the Administrator of the Public Works Department for signing. 8. Recording: The approved final plat is recorded with the King County Recorder's Office. SECTION Vill. Subsections 4-7-060.E.3, 4-7-060.F, 4-7-060.G, and 4-7-060.1-1 of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-060 remain in effect and unchanged. E. ADMINISTRATIVE REVIEW: 1. Review Time: The Administrator will review and take action on the proposed lot line adjustment within thirty (30) working days of receiving a completed application. 2. Action: The Administrator may approve, request corrections by the applicant, approve with modifications, or deny the application for a lot line adjustment. 3. Approval: If approved, the lot line adjustment ' map shall be signed and dated by the Administrator. The applicant shall be notified in writing of the decision. The signed map ffW4af shall be filed with the King County Recorder's Office. 4. Approval with Modification(s): If modification(s) are deemed necessary by the Administrator, they may be added to the original lot line adjustment map or a revised map may be required. The applicant will be notified on any such modification action. If a modification of the original lot line 13 AGENDA ITEM # 7. 1) ORDINANCE NO. adjustment map, legal description or other information is necessary, the projected approval date may be extended. 5. Denial: If denied, the lot line adjustment shall be marked "Denied" and the applicant shall be notified in writing of the decision, stating the reasons therefor. F. FINAL RECORDING: The lot line adjustment does not become effective until it is recorded with the King County Recorder's Office. After two (2) copies of the signed mylaF inap are made for City records, the mylaF inap shall be sent to the City Clerk's office for recording. It is the responsibility of the City Clerk to record the approved map and new legal descriptions. " eepy of the r ^Ir,-^,- , arculml^M+< Shall b p ,ided te the need to be on paper and mailed. G. TRANSFER OF TITLE: The recording of a lot line adjustment does not constitute a transfer of title. Separate deeds to this effect must be recorded with the King County Recorder's Office Depaftn+entTee ��tiens and are not subject to these provisions. H. EXPIRATION PERIOD: If the lot line adjustment is not recorded 4Le-d-within two (2) years of the date of approval, the lot line adjustment shall be null and void. Upon written request of the applicant, the Planning/Building/Public Works Department may grant one 14 AGENDA ITEM # 7. 1) ORDINANCE NO. extension of not more than one year. Such request must be received by the Department prior to the two (2) year expiration date. SECTION IX. Subsections 4-7-070.A, 4-7-070.H.1, 4-7-070.J, 4-7-0701, 4-7-070.M, and 4-7-070.0 of the Renton Municipal Code are amended as shown below. All other provisions of 4- 7-070 remain in effect and unchanged. 4-7-070 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS: A. PURPOSE The procedures regulating short subdivisions, including segregations of nine (9) or fewer lots, are established to promote orderly and efficient division of lots on a small scale, avoiding placing undue burdens on the applicant subdivideF and to comply with provisions of chapter 58.17 RCW. B. PRINCIPLES OF ACCEPTABILITY: A short plat shall be consistent with the following principles of acceptability: 1. Legal Building Sites: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed short plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final short plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 15 ORDINANCE NO. AGENDA ITEM # 7. 1) C. SCOPE: 1. Short Plat Process Applicable to Division into Nine (9) or Less Lots: Any land being divided into nine (9) or less parcels, lots, tracts, sites, or subdivisions, including segregations, and that has not been divided in a short subdivision within the preceding five (5) years, shall conform to the procedures and requirements of this Section. For the purpose of distinguishing a short plat application from a preliminary plat application, tracts proposed to be created for the purpose of ensuring the continued protection of features or facilities located therein, with equal and undivided ownership among the lot owners, their successors and heirs, shall not contribute to the total number of subdivided units of land. 2. Preliminary Plat Required for Certain Divisions: No application for a short subdivision shall be approved if the land being divided is held in common ownership with a contiguous parcel that has been subdivided in a short subdivision within the preceding five (5) years. Such applications shall be processed as preliminary plat, rather than a short plat. D. PRE -APPLICATION MEETING: An applicant may submit materials for preliminary staff review prior to submittal of the short plat application. Staff shall review the materials and inform the applicant of any initial concerns and recommendations for revisions. This shall not preclude staff from making further recommendations. Required materials are as follows and shall provide the content, details and number of copies as officially declared by the Administrator: 16 ORDINANCE NO. AGENDA ITEM # 7. 1) 1. Project narrative; 2. Vicinity map; 3. Site plan; and 4.Other materials that may be applicable to the subject property, as officially declared by the Administrator. E. SUBMITTAL REQUIREMENTS FOR SHORT SUBDIVISION: Submittal requirements for a short subdivision application shall be as stipulated in RMC 4-8-120. F. REFERRAL TO OTHER DEPARTMENTS AND AGENCIES: Upon receipt of an application for a short plat, the Department shall transmit one copy to any department or agency as warranted. G. PUBLIC NOTICE: Public notice shall be provided in accordance with RMC 4-8-090, Public Notice Requirements. H. ADMINISTRATIVE REVIEW: 1. Review Time: The Administrator will review and take action on the proposed short plat within the —"time limits" as defined in chapter 58.17 RCW. A fourteen (14) day public comment period shall be provided prior to any final action by the Administrator on the proposed short plat. 2. Action: The Administrator may approve, approve with modifications, or deny the application for a short plat. Action for short plats otherwise referred to the Hearing Examiner shall be by the Hearing Examiner. Every decision or 17 AGENDA ITEM # 7. 1) ORDINANCE NO. recommendation made under this Section shall include findings of fact and conclusions to support the decision or recommendation. 3. Approval: If the Administrator finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and all other relevant facts and that the public use and interest will be served by the proposed short plat, then it shall be approved. The applicant shall be notified in writing of the decision. 4. Approval with Modification(s): If modification(s) are deemed necessary by the Administrator, then they may be added to the preliminary short plat map or a revised map may be required. The applicant will be notified of any such modification action. If a modification of the preliminary short plat map, legal description or other information is necessary, the projected approval date may be extended. 5. Referral to the Hearing Examiner: If the Administrator determines that there are sufficient concerns by residents in the area of the short plat, or by City staff, to warrant a public hearing, then he/she shall refer the short plat to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing shall be given as required for a full subdivision. ku AGENDA ITEM # 7. 1) ORDINANCE NO. 6. Denial: If denied, the preliminary short plat map shall be marked "Denied" and the applicant shall be notified in writing of the decision, stating the reasons therefor. 7. Reconsideration: See RMC 4-8-100, Application and Decision — General. I. APPEAL: See RMC 4-8-110, Appeals. and steFm seweFs, stFeet lights, wateF mains and stFeet name signs, tegetheF with ,t^,l f es Reserved. K. FINAL SHORT PLAT MAP SUBMITTAL REQUIREMENTS: The final short plat map which is submitted for filing shall be as stipulated in RMC 4-8-120. L. FILING SHORT PLAT: 1. Right -of -Way Dedications Require Separate Approval: Any required or proposed right-of-way dedications must be submitted to the Department for 19 AGENDA ITEM # 7. 1) ORDINANCE NO. review and approval prior to filing of the short plat. All right-of-way dedications require approval by the Administrator or designee prior to filing of the short plat. 2. Administrator Signature and Recording Fees: A short plat must be signed by the Administrator before it is filed. The final signed map shall remain with the Department until such time as the applicant requests that the short plat be recorded. The recording fees shall be paid by the applicant 3. Recording Process: The approved short plat will be sent to the City Clerk by the Department when the short plat is final and all prerequisites to filing have been completed. The short plat shall be filed by the City Clerk for record in the ofie-ef the King County Recorder's Office Department of Recerds and Electien and shall not be deemed approved until so filed. M. EXPIRATION PERIOD: If the short plat is not recorded with the King County Recorder's Office 41-e4 within five 5 twe-(2) years of the date of approval, the short plat shall be null and void. One single vear extension may be L-ranted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of the five (5) vear Deriod. provided the applicant demonstrates that he/she has attempted in good faith to record the short plat within the five (5) year period. n�rsrrs . 20 AGENDA ITEM # 7. 1) ORDINANCE NO. City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to RCW 58.17.140(4). N. LIMITATIONS ON FURTHER SUBDIVISION: Any land subdivided under the requirements of this Section shall not be further divided for a period of five (5) years without following the procedures for subdivision. Further short subdivision of lot(s) must be consistent with the then - current applicable maximum density requirement as measured within the plat as a whole. O. ADMINISTRATIVE GUIDELINES: There shall be on file with the Department of Gernm nity and Ecene is Develepmen+ and made available with each application issued, a set of administrative guidelines for drawing short plat maps, completing the application package and recording the plat. SECTION X. Subsections 4-7-080.E, 4-7-080.J, and 4-7-0801 of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-080 remain in effect and unchanged. E.: NEIGHBORHOOD MEETING: A neighborhood meeting shall be held by the applicant in accordance with RMC 4-8-090A, Neighborhood Meetings. J. HEALTH AGENCY RECOMMENDATION: The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with the GELD Department, prior to the 21 AGENDA ITEM # 7. 1) ORDINANCE NO. Hearing Examiner's consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. (Applicant is responsible for submitting appropriate application forms to the Seattle -King County Health Department and for paying the Health Department review fee.) L. EXPIRATION PERIOD DATE: 1. Expiration and Extension: Preliminary plat approval shall lapse unless a final plat based on the preliminary plat, or any phase thereof, is recorded with the King County Recorder sad within five (5) years from the date of preliminary plat approval. One ene-single year extension may s4a4 be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of this five (5) year period, provided the applicant demonstrates that he/she has attempted in good faith to record submit the final plat within the five (5) year period. 2. Additional Extensions: One aAdditional time extensions beyond this one-year time period may be granted by the Hearing Examiner if the applicant can show need caused by unusual circumstances or situations that occurred during the prior extension period, which make it unduly burdensome to file the final plat within the five 5 feU-(4) year time period. The applicant must file a written request with the Hearing Examiner and the GED Department Administrator for this additional time extension; this request must be filed at least thirty (30) days prior 22 AGENDA ITEM # 7. 1) ORDINANCE NO. to the plat expiration date. The request must include documentation as to the need for the additional time period. 3. Extension Time Increments: Additional time extensions shall be granted in not greater than one-year increments. 4. Phased Subdivision: In the case of a phased subdivision, final plat approval by the Administrator of any phase of the preliminary plat will constitute an automatic one-year extension for the filing of the next phase of the subdivision. S. Authority to Add or Alter Conditions: The Citv reserves the authoritv to add or alter conditions and requirements when considering extension requests for approval pursuant to 58.17.140(4) RCW. SECTION XI. Subsection 4-7-110.0 of the Renton Municipal Code is amended as follows: C. ADMINISTRATOR APPROVAL: Within thirty (30) days following the date the complete final plat application has been officially accepted by the CED Department, the Administrator shall approve, deny or return the final plat to the applicant for modification or correction. SECTION XII. Subsection 4-7-130.A of the Renton Municipal Code is amended as follows: A. PURPOSE: It is the purpose of this Section to provide for the protection of valuable, irreplaceable environmental amenities and to make urban development as compatible as possible with the ecological balance of the area. Goals are to preserve drainage patterns, protect groundwater supply, prevent erosion and to 23 AGENDA ITEM # 7. 1) ORDINANCE NO. preserve trees and natural vegetation. This is beneficial to the City in lessening the costs of the development to the City as a whole, and to the applicant subdivider in creating an attractive and healthy environment. SECTION XIII. Section 4-7-140 of the Renton Municipal Code is amended as follows: 4-7-140 PARKS AND OPEN SPACE: Approval of all subdivisions located in either single family residential or multi- family residential zones as defined in the Zoning Code shall be contingent upon the applicant's subdivider's dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Renton PaF!(s Miti alien R s l„ as set forth in RMC 4-1-190. SECTION XIV. Section 4-7-190 of the Renton Municipal Code is amended as follows: 4-7-190 PUBLIC USE AND SERVICE AREA — GENERAL REQUIREMENTS AND MINIMUM STANDARDS: Due consideration shall be given by the applicant s„"er to the allocation of adequately sized areas for public service usage. A. EASEMENTS FOR UTILITIES: Easements may be required for the maintenance and operation of utilities as specified by the Department. B.: UTILITIES IN TRACTS: 24 AGENDA ITEM # 7. 1) ORDINANCE NO. Utilities, such as stormwater vaults, ponds, or other structures, shall be located within dedicated tracts. C. COMMUNITY ASSETS: Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. SECTION XV. Subsection 4-7-200.E of the Renton Municipal Code is amended as follows: E. CABLE TV CONDUITS: Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by the applicant si-helivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant der shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant subdivider and shall inspect the conduit and certify to the City that it is properly installed. 25 AGENDA ITEM # 7. 1) ORDINANCE NO. SECTION XVI. The definition of "Lot Line Adjustment Map" in subsection 4-8-120.D.12, of the Renton Municipal Code is amended as shown below. All other provisions of 4-8-120.D.12 remain in effect and unchanged. Lot Line Adjustment Map: A drawing of the proposed lot line adjustment prepared on an eighteen inch by twenty-four inch (18" x 24") sheet of paper nWI-a-r by a licensed land surveyor complying with the City's surveying standards, including the following: a. Name of the proposed lot line adjustment (e.g., Smith/Larsen Lot Line Adjustment), b. Space reserved for "City of Renton File Number" (large type) at top of first sheet, c. Space reserved for City of Renton "land record number" (small type) at bottom left of first sheet, d. Legal description of each existing and proposed lot. If a metes and bounds description is used, it must be stamped by a licensed surveyor, e. Date, graphic scale (one inch equals forty feet (1" = 40% unless otherwise approved by the Department), and north arrow, f. Names, locations, widths, types, and dimensions of adjacent and on - site streets, alleys, and easements, each lot, g. Lot lines with all property lines dimensioned and square footage of h. Parcels identified as Lot 4, Lot 3, etc., 26 AGENDA ITEM # 7. 1) ORDINANCE NO. i. "Old" lot line(s) and "new" lot line(s) clearly labeled and differentiated by line type and/or thickness (indicated distance(s) moved), j. Addresses for each lot and new street names in accordance with the street grid system regulations of chapter 9-11 RMC, k. Total square footage of existing and revised lots, I. Ground floor square footage of all structures, m. Location, dimensions and square footage of any existing structures to remain, and dimensioned distances to property lines, n. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width, o. Reservations, restrictive covenants, easements, description of any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee and, if the grantee is the City, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown, p. Coordinates pursuant to City surveying standards for permanent control monuments, q. Location of all interior permanent control monuments pursuant to City surveying standards, 27 AGENDA ITEM # 7. 1) ORDINANCE NO. 130-100, r. Statement of equipment and procedure used pursuant to WAC 332- s. Basis of bearing pursuant to WAC 332-130--1050(1)(b)(iii), t. Date the existing monuments were visited pursuant to WAC 332- 130-050(1)(f)(iv), u. Verification that permanent markers are set at corners of the proposed lots, v. Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated, w. Surveyor's testament, stamp and signature, x. Certification by a State of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set, y. Notarized signatures of all property owners having an interest in the property, certifying ownership and approval of the proposal, z. Signature and date line(s) for the King County Assessor, and aa. Signature and date line(s) for the Community and Economic Development Administrator. SECTION XVII. The definition of "Short Plat or Binding Site Plan Map, Final" in subsection 4-8-120.D.19, of the Renton Municipal Code is amended as shown below. All other provisions of 4-8-120.D.19 remain in effect and unchanged. Short Plat or Binding Site Plan Map, Final: A plan, with a two-inch (2") border on the left edge and one-half inch (1/2") on all other sides, prepared by a m AGENDA ITEM # 7. 1) ORDINANCE NO. State of Washington registered land surveyor in accordance with RCW 18.43.010, General Provision, as it exists or may be amended, and/or chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet (1" = 40') on eighteen inch by twenty-four inch (18" x 24") plan sheet(s) (or other scale approved by the Planning Division Director). The reproducible original shall be in black ink on paper-};;"o'o;^d .Jr,ftiRg film and shall include the following: a. Name and location of the short plat or binding site plan, b. Space reserved for "City of Renton file number" (large type) at top of first sheet, c. Space reserved for "City of Renton land record number" (small type) at bottom left of first sheet, d. Legal description of the property, e. Date, graphic scale, and north arrow, f. Vicinity map (a reduced version of the "neighborhood detail map" as defined above), g. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations, as well as all utilities, streets, existing and new easements and associated covenants within or abutting the short plat. If a new easement is created on the plat, it must show grantee of easement rights. If the grantee is the City, a statement of easement provisions reserving and conveying the easement, with a description of the rights and purposes, needs to be made on the short plat, 29 AGENDA ITEM # 7. 1) ORDINANCE NO. h. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with ownership. Lot lines with all property lines dimensioned and square footage of each lot, i. Lot numbers, j. Addresses for each lot and new street names determined by the Department in accordance with the street grid system regulations of chapter 9-11 RMC, k. Reservations, restrictive covenants, easements and any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee. If the grantee is the City, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown, I. Coordinates pursuant to City surveying standards for permanent control monuments, m. All interior permanent control monuments located pursuant to City surveying standards, 130-100, n. Statement of equipment and procedure used pursuant to WAC 332- o. Basis for bearing pursuant to WAC 332-130--1050(1)(b)(iii), p. Date the existing monuments were visited pursuant to WAC 332- 130-050(1)(f)(iv), 30 AGENDA ITEM # 7. 1) ORDINANCE NO. q. Verification that permanent markers are set at corners of the proposed lots, r. Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated, s. Location, dimensions and square footage of any existing structures to remain within or abutting the plat, t. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. approval, u. Reference to all agreements or covenants required as a condition of v. For binding site plans only: provisions requiring site development to be in conformity with the approved binding site plan, w. Certifications by: i. A State of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set, ii. The King County Department of Health that the proposed septic system(s) is acceptable to serve the plat if not served by sewer, x. Signature and date line for: 31 AGENDA ITEM # 7. 1) ORDINANCE NO. stamp), i. All property owners (signatures must be notarized with an ink ii. The King County Assessor, iii. The Public Works Administrator. SECTION XVIII. Subsection 4-9-060.0 of the Renton Municipal Code is amended as follows: C. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR'S DEFERRAL OF SUBDIVISION PIA IMPROVEMENTS OR DEFERRAL OF OTHER ON - AND OFF -SITE IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT: 1. Applicability: If a developer wishes to defer certain improvements listed in this Title until after obtaining a certificate of occupancy for any structures, or in the case of plats, final plat approval, the written application shall be made to the Administrator stating the reasons why such delay is necessary. 2. Decision Criteria: (Reserved) 3. Security Required: Upon approval by the Administrator for such deferment, for good cause shown by the applicant, the applicant shall thereupon furnish security to the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of the installation and required improvements. The decision of the Administrator as to the amount of such security shall be conclusive. 4. Plans for Improvements Required: Should the Administrator grant the deferral of part or all of the necessary on -site improvements, then full and 32 AGENDA ITEM # 7. 1) ORDINANCE NO. complete engineering drawings of the on -site improvements shall be submitted as a condition precedent to the granting of any deferral. 5. Waiver of Requirement for Plans: The Administrator may waive requirement of construction plans for short plat improvement deferrals. 6. Expiration: Such security shall list the exact work that shall be performed bythe applicant and shall specifythat all of the deferred improvements shall be completed within the time specified by the Administrator, and if no time is so specified, then not later than one year. For plats, if no time is established, then not later than one year after approval of the final plat or one year after recording of the short subdivision. The security shall be held by the Administrative Services Department. 7. Extension of Time Limit: The Administrator shall annually review the deferred improvements and the amount of the security. Should the Administrator determine that any improvement need not be installed immediately, then the Administrator may extend the deferral for an additional period of time up to an additional year. Any improvement deferred for five (5) years shall be required to be installed or shall be waived by the Administrator pursuant to RMC 4-9-250C, Waiver Procedures, unless the Administrator determines that it is more likely than not that the improvements would be installed within an additional five (5) year period of time, in which case the Administrator may continue to defer the improvements year to year subject to the other conditions contained in this Section. Should any improvement be initiated before the lapse of a deferral, and 33 AGENDA ITEM # 7. 1) ORDINANCE NO. the work is diligently pursued, then the Administrator may extend the deferral period for a term equivalent to the time necessary to complete construction, but subject, however, to continuation of the security. At the same time as the granting of any additional deferral, the security for such deferral shall be reviewed and increased or decreased as the Administrator shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of the installation of the deferred improvement. 8. Acceptable Security: Security acceptable under this Section may be cash, letter of credit, set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party, or savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the City accept a performance bond. Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. Any security that, according to its terms, lapses upon a date certain, will cause the deferral to lapse on that same date unless additional adequate substitute security has been posted prior to the termination date of the prior security. Each security document posted with the City must be approved by the City Attorney, whose decision as to the acceptability of the security shall be conclusive. 34 AGENDA ITEM # 7. 1) ORDINANCE NO. 9. Fee in Lieu of Required Street Improvements: a. General: The provisions of this Section establish under what circumstances the requirements of this Chapter may be satisfied with payment of a fee in lieu of required street improvements. b. Authority To Grant and Duration: i. Application: If the proposed development of the subject property is an infill single family residential building permit or requires approval through a short plat approval described in the subdivision ordinance, a request for payment of a fee in lieu of street improvements may be considered under the provisions of this Section. ii. Duration: If granted under an infill single family residential building permit or short plat review process, the authorization to pay a fee in lieu of street improvements is binding on the City for all development permits issued for that approval under the building code within five (5) years of the granting of the request for payment of a fee in lieu of street improvements. c. Standards: The City will not accept the applicant's proposed payment of a fee in lieu of street improvements if the Administrator determines that it is in the City's interest that the street improvements be installed abutting the subject property, taking into account such factors as the pedestrian safety impacts that result from the development. The City may accept payment of a fee in lieu instead of requiring installation of street improvements in the following circumstances: 35 AGENDA ITEM # 7. 1) ORDINANCE NO. i. There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years; or ii. Installation of the required improvement would require substantial off -site roadway modifications; or iii. The Administrator determines that installation of the required improvement would result in a safety hazard; or iv. Other unusual circumstances preclude the construction of the improvements as required. d. Amount of Payment of Fee: In each instance where the City approves a proposed fee -in -lieu under the provisions of this Section, the amount of the fee - in -lieu is listed in the City of Renton Fee Schedule. Additional fee amounts will be determined on a case -by -case basis for other significant street elements, such as catch basins and curb ramps. e. Use of Funds: In each instance where the City accepts payment of a fee in lieu of installing a street improvement under the provisions of this Section, the City shall deposit those funds into a reserve account and expend the funds collected within ten (10) years of the date collected to fund other pedestrian safety improvements in reasonable proximity to where they were collected. Funds shall be collected and expended by grouped community plan areas as follows: West Hill, City Center, Cedar River; Talbot, Benson, Fairwood; Kennydale, Highlands, East Plateau; and Valley. 36 AGENDA ITEM # 7. 1) ORDINANCE NO. f. No Further Obligation: In each instance where the City accepts payment of a fee in lieu of installing street improvements, the subject property will not be subject to participation in future street improvement costs (along the property frontage) unless redevelopment occurs that will generate more traffic trips than what was occurring at the property at the time of the payment of the fee in lieu of installation of street improvements. g. Cost Contribution Toward a City Capital Improvement Project for Properties in which Frontage Improvements Have Been Deferred by Restrictive Covenant: Where restrictive covenants have been recorded against a property, requiring the property owner to pay their fair share of street frontage improvements installed as part of a City capital improvement project and the City undertakes such capital improvement project, the owners of said properties shall pay the City an amount consistent with subsection C9d of this Section, Amount of Payment of Fee in Lieu of Street Improvements. This assessment must be paid in full within one year following notice from the City of such assessment, or the payment may be paid over a ten (10) year period, with three percent (3%) per annum interest on the unpaid balance. For payment over time, the owner shall receive a bill from the City for one -tenth (1/10) of the assessment plus interest. The first yearly payment must be paid within one year following the initial notice from the City of the assessment. Payments over time shall become a lien against the property. A notice of such lien specifying the charge, the period covered by the charge, and giving the address and property identification (PID) number shall 37 AGENDA ITEM # 7. 1) ORDINANCE NO. be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certificate of payment will be recorded with King County. 10. (Repealed by Ord. 5170) 11. Security Requirement Binding: The requirement of the posting of any security shall be binding on the applicant and the applicant's heirs, successors and assigns. 12. Record of Deferral: The Administrator shall note for the Department's record the following information: the improvements deferred, amount of security or check deposited, time limit of security or check, name of bonding company, and any other pertinent information. 13. Transfer of Responsibility: Whenever security has been accepted by the Administrator, then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners' association or property owners' association, then it shall be necessary for the owners' association to have voted to assume the obligation before the City may accept the security, and a copy of the minutes of the owners' association duly certified shall be filed along with the security. 14. Administrative Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitution of one party for another on m AGENDA ITEM # 7. 1) ORDINANCE NO. any security if the Administrator, after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. 15. Proceeding Against Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such security or other payment in lieu thereof. In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney's fees. The applicant shall enter into an agreement with the City requiring payment of such attorney's fees. SECTION XIX. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION XX. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk 39 AGENDA ITEM # 7. 1) ORDINANCE NO. APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2033:12/4/18:scr Denis Law, Mayor M AGENDA ITEM # 7. m) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-2-060.1, 4-2-080.A.23, 4-9-240.D, 4-8-240.K.2, AND THE DEFINITION OF "MOBILE FOOD VENDING' IN SECTION 4-11-130 OF THE RENTON MUNICIPAL CODE, AND REPEALING SUBSECTION 4-2-060.11 OF THE RENTON MUNICIPAL CODE, REGARDING MOBILE FOOD VENDORS, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Renton Municipal Code, through its temporary use permit regulations, allows mobile food vendors on private or public property on a short-term basis, subject to modified development standards which would not be appropriate for permanent uses in the zoning designation; and WHEREAS, in addition to the temporary use permit process, currently mobile food vendors within the City of Renton also require review and approval from Renton Regional Fire Authority, the Seattle and King County Health Department, and City of Renton Business Licensing; and WHEREAS, the City seeks to simplify the process for mobile food vendor applicants, streamline permitting requirements, and save staff time and cost to the City; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 9, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; 1 AGENDA ITEM # 7. m) ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-2-060.1, of the Renton Municipal Code is amended as shown on Attachment A. All other provisions of 4-2-060 remain in effect and unchanged, except as specified in SECTION III of this ordinance. SECTION III. Subsection 4-2-060.R of the Renton Municipal Code is repealed as shown on Attachment B. All other provisions of 4-2-060 remain in effect and unchanged, except as specified in SECTION II of this ordinance. SECTION IV. Subsection 4-2-080.A.23 of the Renton Municipal Code is amended as shown below. All other provisions of 4-2-080.A remain in effect and unchanged. 23. wed. Mobile food vendors shall comply with all of the following conditions unless otherwise allowed via the temporary use permit process per RMC 4-9-240, Temporary Use Permits: a. A maximum of one (1) mobile food vending unit is allowed per lot. b. The mobile food vendor shall keep the Renton Regional Fire Authority permit approval and King County Health Department approval on the mobile vending facility at all times, and copies of these approvals shall be made available to the City upon the City's request. c. The site occupied by the mobile food vendor shall be restored to the original or better condition upon each removal of the vending unit. E AGENDA ITEM # 7. m) ORDINANCE NO. d. The mobile food vendor shall remove the unit from the permitted location between 12:00 a.m. (midnight) and 5:00 a.m. on a daily basis, except for in the case of a special event where the unit is allowed at the same location for up to seventy-two (72) hours. e. The mobile food vendor shall maintain a distance of fifty feet (50') from any lot zoned residential. f. The mobile food vendor shall not obstruct any drive aisles or ingress/egress within the site. &. Within the Downtown Business District, as depicted in RMC 4-2- 080.D, mobile food vendors are allowed within the public right-of-way, subject to permit approval from the Administrator. SECTION V. Subsection 4-9-240.1) of the Renton Municipal Code, is amended as follows: D. TEMPORARY USE PERMITS ARE REQUIRED FOR OTHER TEMPORARY USES OR STRUCTURES: The following uses or structures are separated into Tier I, Tier II, and Tier III temporary use categories. Those in the Tier I category are processed as Type I land use applications, those in the Tier II category are processed as Type II applications, and those in the Tier III category are processed as Type III applications. Projects subject to SEPA are processed differently. 1. Tier I: Examples of temporary uses in this category include_ a. aActivities allowed by the base zone, 3 AGENDA ITEM # 7. m) ORDINANCE NO. b. fnMobile food vendors located in the IL '"" lH CA, GV and -- zones CN, COR, and UC zones, c. mMore than one (1) mobile food vendor per lot in the IL, IM, IH, CV, CA, CD, and CO zones, d. vVehicle sales events held on property not currently used as an auto dealership and within the Automall Area and/or Employment Area, e. Christmas tree lots, f. &Sales events not determined to be exempt pursuant to subsection C3 of this Section, g. a-tTemporary manufactured homes for medical hardship, a-H4 h. Model homes (equaling the lesser of five (5) homes or twenty percent (20%) of the total lots, when located within the subdivision or residential development to which they pertain)..-, and i. Proposed temporary uses not listed in this subsection ;•9h^^ ;t @S found that the PFepesed keeping w*-th that are found to meet the intent and purposes of this Section, as determined by the Administrator. 2. Tier II: Examples of temporary uses in this category include_ a. aActivities limited or prohibited by the base zone, b. arMobile food vendors located in the " '^" 'MGV and G __residential zoning designations or within fifty feet (501 of a lot zoned residential, aad 4 AGENDA ITEM # 7. m) ORDINANCE NO. c. Mobile food vendors operating between the hours of 12:00 a.m. (midnight) and 5:00 a.m. on a daily basis per subsection K.2 of this section, d. -,Storage trailers,- e ^+"^- iR this eateg "y carnivals, fairs, or similar transient amusement or recreational activities..-, and f. Proposed The "d....iRiStFat9. FR +"^rk-i^ ..,-,-.been' temporary uses not listed in this subsection when ;t ,s found that the .. „d - - -- keeping will that are found to meet the intent and purposes of this Section, as determined by the Administrator. 3. Tier III: Temporary homeless encampments is the use in this category, and shall have an application fee of one hundred dollars ($100.00). SECTION VI. Subsection 4-9-240.K.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4-9-240.K remain in effect and unchanged. 2. Mobile Food Vendors: Vendors shall comply with all of the following conditions: Vey shall ee"rrrplyovTth-csrcarraaFdsi-establishevbyt%^ Seattle Kin a. The mobile food vendor shall keep the Renton Regional Fire Authority permit approval and King County Health Department approval on the AGENDA ITEM # 7. m) ORDINANCE NO. mobile vending facility at all times, and copies of these approvals shall be made available to the City upon the City's request. b. The site occupied by the mobile food vendor shall be restored to the original or better condition upon each removal of the vending unit. c. The mobile food vendor shall not obstruct any drive aisles or ingress/egress within the site. SECTION VII. The definition of "Mobile Food Vending" in section 4-11-130 ofthe Renton Municipal Code is amended as shown below. All other definitions in section 4-11-130 remain in effect and unchanged. MOBILE FOOD VENDING: A temporary use involving sale of retail food or beverages to the public from any vehicle, cart or wagon that is designed to be readily movable. Mobile food vending includes pushcarts, mobile kitchens, hot dog carts, pretzel wagons, or similar uses. A 'mobile food vendor' includes the owners and operators of a mobile food vending use. This definition excludes drive- in/drive-through retail or service. SECTION VII1. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IX. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. 9 AGENDA ITEM # 7. m) ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney Date of Publication: 0 R D:2038:11/14/18:scr Denis Law, Mayor 7 AGENDA ITEM # 7. m) Z O a N Q a ate. Q a al 00 a a O a O N O N Oo N N Z U a Q a a a a a a Q al a a w G Z C U a Lo Q a a Q Q M al a �n a in Q 0 N J Q U a m rq a- p 00 Q a a Q Q1 �y Q a M a a Ln a O a Ol a 00 a u U a Q a a Q al a a Q O v 00 Ln a Q a Q al a 0 J Q x a a Q a Q a Q a cn a M - a a Q a a al Q a a a M C p Z_ J CL a Q a a Q al Q a a a LL o Q Ln Q al a OC M Q Q O a M Q th O o p� a Q 0 a Q Z C7 c x 2 Q ol Occ a oC a Q a z Z O N Q a Q a Z W a Q Q o al l o"'c of a Q a ra Q a 0 p M — 41 L C H x W ? G1 C Otw N rl H a U v � a) L C a x O W :3 O + L \ T L C C ++ L C a1 C t m OA f0 Vf W a) en C m H v a g>>; ,F m LL N L i C � c� O S G1 L i C a—O+ c O S U `-� m + C C C C C p LL — OO G in (A - N L O 3 O vi k = G1 d' L m H OOLA Gi N c, u GJ > mW E Vf Qi H v u N i 0 AGENDA ITEM # 7. m) C O m C OA .IA C ao c O N C .O Gl 3 O a CA (L) {A d N ba C O N O O O N Z LA : rn Lij -I off. LLI PQ 04 LLI Lu �m (0) AGENDA ITEM # 7. n) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-4-080.F.8 AND 4-4-080.F.10 OF THE RENTON MUNICIPAL CODE, AMENDING PARKING STANDARDS, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 9, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsections 4-4-080.F.8 and 4-4-080.F.10 of the Renton Municipal Code are amended as shown below. All other provisions of 4-4-080.F remain in effect and unchanged. 8. Parking Stall Types, Sizes, and Percentage Allowed/Required: a. Standard Parking Stall Size — Surface/Private Garage/Carport: i. Minimum Length in All Zones Except UC Zone: A parking stall shall be a minimum of twenty feet (20') in length, except for parallel stalls, 1 AGENDA ITEM # 7. n) ORDINANCE NO. measured along both sides of the usable portion of the stall. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. ii. Minimum Length in UC Zones: A parking stall shall be a minimum of nineteen feet (19') in length, except for parallel stalls, measured along both sides of the usable portion of the stalls. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. iii. Minimum Width: A parking stall shall be a minimum of nine feet (9') in width measured from a right angle to the stall sides. iv. Reduced Width and Length for Attendant Parking: When cars are parked by an attendant, the stall shall not be less than eighteen feet long by eight feet wide (18' x 8'). b. Standard Parking Stall Size — Structured Parking: i. Minimum Length: A parking stall shall be a minimum of fifteen feet (15'). A stall shall be a minimum of sixteen feet (16') for stalls designed at forty five degrees (45') or greater. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. ii. Minimum Width: A parking stall shall be a minimum of eight feet, four inches (8'4") in width. Spaces: c. Compact Parking Stall Size and Maximum Number of Compact I. Stall Size — Surface/Private Garage/Carport: Each stall shall be eight and one-half feet in width and sixteen feet in length (8-1/2' x 16'). F AGENDA ITEM # 7. n) ORDINANCE NO. ii. Stall Size — Structured Parking: A parking stall shall be a minimum of seven feet, six inches (7'6") in width. A parking stall shall be a minimum of twelve feet (12') in length, measured along both sides for stalls designed at less than forty five degrees (45°). A stall shall be a minimum of thirteen feet (13') in length, for stalls designed at forty five degrees (45') or greater. iii. Maximum Number of Compact Spaces Outside of the UC Zones: Compact parking spaces shall not account for more than: • Designated employee parking — not to exceed forty percent (40%). • Structured parking — not to exceed fifty percent (50%). • All other uses — not to exceed thirty percent (30%). (Ord. 5030, 11- 24-2003 ) iv. Maximum Number of Compact Spaces in the UC Zones: The maximum number of compact spaces shall not exceed fifty percent (50%). d. Tandem Parking: Tandem parking is allowed for detached single family residential and townhouse developments. Fer attac�ed r^-- a; aev e•rvpii-rcnzo ^vl' the r c61 a e iicl a —p^ 6 r%I e•n• 9 —a Fnexed use cvcr9prrrcrr, tandem paF'(iRg is allew If tandem parking is provided the following standards shall apply: and i. Stall length shall conform to the standards of this subsection F8; ii. A restrictive covenant or other device acceptable to the City will be required to assign tandem parking spaces to the exclusive use of specific 3 AGENDA ITEM # 7. n) ORDINANCE NO. dwelling units. Enforcement of tandem parking spaces shall be provided by the property owner, property manager, or homeowners' association as appropriate. e. Special Reduced Length for Overhang: The Department of Community and Economic Development may permit the parking stall length to be reduced by two feet (2'), providing there is sufficient area to safely allow the overhang of a vehicle and that the area of vehicle overhang does not intrude into required landscaping areas. f. GwstemeF�Guest Parking: Required guest parking stalls shall be located in a common area accessible by guests. The area shall be set aside exclusively for guest parking. In mixed -used developments, the required guest parking shall be calculated using only the residential portion of the development. T A sepaFate paF!(iRglet -vwth -;I�d—cgre 4 AGENDA ITEM # 7. n) ORDINANCE NO. g. Accessible Parking as Stipulated in the Americans with Disabilities Act (ADA): Accessible parking shall be provided per the requirements of the Washington State Barrier Free Standards as adopted by the City of Renton. NUMBER OF ACCESSIBLE PARKING SPACES Total Parking Spaces in Lot or Garage Minimum Required Number of Accessible Spaces 1-25 1 26 — 50 2 51-75 3 76 — 100 4 101— 150 5 151— 200 6 201— 300 7 301— 400 8 401— 500 9 501— 1,000 2% of total spaces Over 1,000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000 ACCESSIBLE PARKING SPAC ES GrENF'RAL RLQUI P.F +TENTS L` JG Uk D #I VAN/YM' E SIGN 51PEWA. RAW _ IMF ggff— 366 C7} [ a � � a a � L 6 L� ,YxtiS5N5LE 5WPR1 , ivAN FL SP�Lr 5 AGENDA ITEM # 7. n) ORDINANCE NO. h. Assigned Parking: Developments with attached dwellings units in the R-10, R-14, and RMF zones shall provide a minimum of one (1) assigned parking space to each dwelling unit. A restrictive covenant or other device acceptable to the City will be required to assign parking spaces to the exclusive use of specific dwelling units. Enforcement of assigned parking spaces shall be provided by the property owner, property manager, or homeowners' association as appropriate. 10. Number of Parking Spaces Required. The specified land use shall provide parking spaces as shown in the table in semen RMC 4-4-080.F_10 d of this en, except as provided in this section: Spaces. a. Interpretation of Standards — Minimum and Maximum Number of i. When a maximum and a minimum range of required parking is listed in this Code, the developer or occupant is required to provide at least the number of spaces listed as the minimum requirement, and may not provide more than the maximum listed in this Code, unless exceptions are permitted as specified in this section. ii. When a development falls under more than one category, the parking standards for the most specific category shall apply, unless specifically stated otherwise. b. Alternatives: AGENDA ITEM # 7. n) ORDINANCE NO. I. Joint Parking Agreements: Approved joint use parking agreements and the establishment of a Transportation Management Plan (TMP) may be used as described in subseetien.111VIC 4-4-080.E 3 ^f this to meet a portion of these parking requirements. ii. Transportation Management Plans: A Transportation Management Plan (TMP) guaranteeing the required reduction in vehicle trips may be substituted in part or in whole for the parking spaces required, subject to the approval of the Department of Community and Economic Development. The developer may seek the assistance of the Department of Community and Economic Development in formulating a TMP. The plan must be agreed upon by both the City and the developer through a binding contract with the City of Renton. At a minimum, the TMP will designate the number of trips to be reduced on a daily basis, the means by which the plan is to be accomplished, an evaluation procedure, and a contingency plan if the trip reduction goal cannot be met. If the TMP is unsuccessful, the developer or current property owner is obligated to immediately provide additional measures at the direction of the Department of Community and Economic Development, which may include the requirement to provide full parking as required by City standards. c. Modifications: Modification of either the minimum or maximum number of parking stalls for a specific development requires written approval from the Department of Community and Economic Development. 7 AGENDA ITEM # 7. n) ORDINANCE NO. i. A twenty-five percent (25%) reduction or increase from the minimum or maximum number of parking spaces may be granted for nonresidential uses through site plan review if the applicant can justify the modification to the satisfaction of the Administrator. Justification might include, but is not limited to, quantitative information such as sales receipts, documentation of customer frequency, and parking standards of nearby cities. ii. In order for the reduction or increase to occur the Administrator must find that satisfactory evidence has been provided by the applicant. Modifications beyond twenty five percent (25%) may be granted per the criteria and process of RMC 4-9-250.D.2. d. Parking Spaces Required Based on Land Use: USE NUMBER OF REQUIRED SPACES GENERAL: Mixed occupancies: The total requirements for off-street parking facilities shall be the (2 or 3 different uses in the sum of the requirements for the several uses computed same building or sharing a separately, unless the building is classified as a "shopping center" lot. For 4 or more uses, see as defined in RMC 4-11-190. "shopping center" requirements) Uses not specifically Department of Community and Economic Development staff shall identified in this Section: determine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for the most similar use listed below. Bicycle parking: See minimum requirements in subseetien.RIVIC 4-4-080.F.11 of Parking in Excess of Maximum ratios for off-street parking facilities may be exceeded Maximum Standards: by up to 10% if the applicant implements low impact development techniques that reduce stormwater runoff and E. AGENDA ITEM # 7. n) ORDINANCE NO. USE NUMBER OF REQUIRED SPACES manages stormwater on site in a way that exceeds the requirements of surface water management in RMC 4-6-030. RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE: Detached dwellings and A minimum of 2 per dwelling unit, however, 1 per dwelling unit townhouses: may be permitted for 1 bedroom or less dwelling units. Tandem parking is allowed. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Manufactured homes A minimum of 2 per manufactured home site, plus a within a manufactured screened parking area shall be provided for boats, campers, travel home park: trailers and related devices at a ratio of 1 screened space per 10 units. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Congregate residences: A minimum and maximum of 1 per sleeping room and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Assisted living: A minimum and maximum of 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Attached dwellings in A minimum and maximum of 1.6 per 3 bedroom or large dwelling RMF, R-14 and R-10 unit; 1.4 per 2 bedroom dwelling unit; 1.0 per 1 bedroom or Zones: studio dwelling unit. In addition to the minimum parking stalls required, a minimum 10% of the total number of required parking spaces shall be provided for guest parking and located in a common area accessible by guests. Attached dwellings within 1 per dwelling unit is required. A maximum of 1.75 per dwelling all other zones: unit is allowed. Attached dwelling for low A minimum of 1 for each 4 dwelling units is required. A maximum income: of 1.75 per dwelling unit is allowed. Live -work unit, residential A minimum and maximum of 1 per unit. unit: Accessory dwelling unit: 1 per unit is required. A maximum of 2 per unit is allowed. RESIDENTIAL USES IN CENTER DOWNTOWN ZONE: Attached dwellings: A minimum and maximum of 1 per unit. AGENDA ITEM # 7. n) ORDINANCE NO. USE NUMBER OF REQUIRED SPACES Attached dwellings for 1 for every 4 dwelling units is required. A maximum of 1.75 per low income: dwelling unit is allowed. Congregate residences: A minimum and maximum of 1 per 4 sleeping rooms and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Assisted living: A minimum and maximum of 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Detached dwellings A minimum of 2 per unit. A maximum of 4 vehicles may be parked (existing legal): on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT SHOPPING CENTERS: Drive -through retail or Stacking spaces: The drive -through facility shall be so located that drive -through service: sufficient on -site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5 stacking spaces per window are required unless otherwise determined by the Community and Economic Development Administrator. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. Banks: A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area except when part of a shopping center. Convalescent centers: A minimum and maximum of 1 for every 2 employees plus 1 for every 3 beds. Day care centers, adult A minimum and maximum of 1 for each employee and 2 drop - day care (I and II): off/pick-up spaces within 100 feet of the main entrance for every 25 clients of the program. Hotels and motels: A minimum and maximum of 1 per guest room plus 1 for every 3 employees. Bed and breakfast houses: A minimum and maximum of 1 per guest room. Mortuaries or funeral A minimum and maximum of 10 per 1,000 square feet of floor homes: area of assembly rooms. Vehicle sales (large and A minimum and maximum of 1 per 5,000 square feet. The sales small vehicles) with area is not a parking lot and does not have to comply with outdoor retail sales areas: dimensional requirements, landscaping or the bulk storage 10 AGENDA ITEM # 7. n) ORDINANCE NO. USE NUMBER OF REQUIRED SPACES section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: • A minimum 5-foot perimeter landscaping area is provided; • They are not displayed in required landscape areas; and • Adequate fire access is provided per Fire Department approval. Vehicle service and repair A minimum and maximum of 2.5 per 1,000 square feet of net (large and small vehicles): floor area. Offices, medical and A minimum and maximum of 5.0 per 1,000 square feet of net dental: floor area. Offices, general: A minimum of 2.0 per 1,000 square feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. Eating and drinking A minimum and maximum of 10 per 1,000 square feet of dining establishments and area. taverns: Eating and drinking A minimum and maximum of 1 per 75 square feet of dining area. establishment combination sit- down/drive-through restaurant: Retail sales and wholesale A minimum and maximum of 2.5 per 1,000 square feet of net big-bex retail sales: floor area, except wholesale big-bex retail sales, which is allowed a maximum of 5.0 per 1,000 square feet of net floor area if shared and/or structured parking is provided. Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. Services, on -site (except A minimum and maximum of 3.0 per 1,000 square feet of net as specified below): floor area. Clothing or shoe repair A minimum and maximum of 2.0 per 1,000 square feet of net shops, furniture, floor area. appliance, hardware stores, household equipment: Uncovered commercial A minimum and maximum of 0.5 per 1,000 square feet of retail area, outdoor nurseries: sales area in addition to any parking requirements for buildings. Recreational and entertainment uses: 11 AGENDA ITEM # 7. n) ORDINANCE NO. USE NUMBER OF REQUIRED SPACES Outdoor and indoor sports A minimum and maximum of 1 for every 4 fixed seats or 10 per arenas, auditoriums, 1,000 square feet of floor area of main auditorium or of principal stadiums, movie theaters, place of assembly not containing fixed seats, whichever is greater. and entertainment clubs: Bowling alleys: A minimum and maximum of 2 per alley. Dance halls, dance clubs, A minimum and maximum of 1 per 40 square feet of net floor and skating rinks: area. Golf driving ranges: A minimum and maximum of 1 per driving station. Marinas: A minimum and maximum of 2 per 3 slips. For private marina associated with a residential complex, then 1 per 3 slips. Also 1 loading area per 25 slips. Miniature golf courses: A minimum and maximum of 1 per hole. Other recreational: A minimum and maximum of 1 per occupant based upon 50% of the maximum occupant load as established by the adopted Building and Fire Codes of the City of Renton. Travel trailers: A minimum and maximum of 1 per trailer site. COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE: Convalescent center, These uses follow the standards applied outside the Center drive -through retail, drive- Downtown Zone. through service, hotels, mortuaries, indoor sports arenas, auditoriums, movie theaters, entertainment clubs, bowling alleys, dance halls, dance clubs, and other recreational uses: Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. All commercial uses A maximum of 1 space per 1,000 square feet of net floor area, allowed in the CD Zone with no minimum requirement. except for the uses listed above: SHOPPING CENTERS: Shopping centers A minimum of 2.5 per 1,000 square feet of net floor area and a (includes any type of maximum of 5.0 per 1,000 square feet of net floor area. In the 12 AGENDA ITEM # 7. n) ORDINANCE NO. USE NUMBER OF REQUIRED SPACES business occupying a UC-N1 and UC-N2 Zones, a maximum of 4.0 per 1,000 square feet shopping center): of net floor area is permitted unless structured parking is provided, in which case 5.0 per 1,000 square feet of net floor area is permitted. Drive -through retail or drive -through service uses must comply with the stacking space provisions listed above. INDUSTRIAL/STORAGE ACTIVITIES: Airplane hangars, tie- Parking is not required. Hangar space or tie -down areas are to be down areas: utilized for necessary parking. Minimum and maximum parking for offices associated with hangars is 5 per 1,000 square feet. Manufacturing and A minimum of 1.0 per 1,000 square feet of net floor area and a fabrication, laboratories, maximum of 1.5 spaces per 1,000 square feet of net floor area and assembly and/or (including warehouse space). packaging operations: Self service storage: A minimum and maximum of 1 per 3,500 square feet of net floor area. Maximum of three moving van/truck spaces is permitted. Outdoor storage area: A minimum and maximum of 0.5 per 1,000 square feet of area. Warehouses and indoor A minimum and maximum of 1 per 1,500 square feet of net floor storage buildings: area. PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions: A minimum and maximum of 1 for every 5 seats in the main auditorium; however, in no case shall there be less than 10 spaces. For all existing institutions enlarging the seating capacity of their auditoriums, 1 additional parking space shall be provided for every 5 additional seats provided by the new construction. For all institutions making structural alterations or additions that do not increase the seating capacity of the auditorium, see "outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs." Medical institutions: A minimum and maximum of 1 for every 3 beds, plus 1 per staff doctor, plus 1 for every 3 employees. Cultural facilities: A minimum and maximum of 40 per 1,000 square feet. Public post office: A minimum and maximum of 3.0 for every 1,000 square feet. Secure community A minimum and maximum of 1 per 3 beds, plus 1 per staff transition facilities: member. Schools: 13 AGENDA ITEM # 7. n) ORDINANCE NO. USE NUMBER OF REQUIRED SPACES Elementary and junior A minimum and maximum of 1 per employee. In addition, if buses high: for the transportation of students are kept at the school, 1 off- street parking space shall be provided for each bus of a size sufficient to park each bus. Senior high schools: A minimum and maximum of 1 per employee plus 1 space for public, parochial and every 10 students enrolled. In addition, if buses for the private private: transportation of children are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Colleges and universities, A minimum and maximum of 1 per employee plus 1 for every 3 arts and crafts student rooming units, plus 0.5 space for every full-time student schools/studios, and trade not residing on campus. In addition, if buses for transportation of or vocational schools: students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. SECTION Ill. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk 14 AGENDA ITEM # 7. n) ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2039:11/14/18:scr Denis Law, Mayor 15 AGENDA ITEM # 7. o) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-2-060.G, ADDING A DEFINITION OF "PRIVATE CLUB, FRATERNAL ORGANIZATION" TO SECTION 4-11-160, AND AMENDING THE DEFINITIONS OF "SERVICES, OFF -SITE", "SERVICES, ON -SITE", AND "SERVICE AND SOCIAL ORGANIZATIONS" IN SECTION 4-11-190 OF THE RENTON MUNICIPAL CODE, AMENDING REGULATIONS RELATED TO SERVICE AND SOCIAL ORGANIZATIONS, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City defines and identifies Service and Social Organizations as one use in the Zoning Use Table codified in the Renton Municipal Code, but the two have distinct functions and varied impacts on their surrounding properties; and WHEREAS, it is appropriate to define and identify the two as different uses in the Zoning Use Table; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 9, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO Lei ilk] Q\1►I�[�i]�i]�i�L•� SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. 1 AGENDA ITEM # 7. o) ORDINANCE NO. SECTION II. Subsection 4-2-060.G of the Renton Municipal Code is amended as shown on Attachment A. All other provisions of 4-2-060 remain in effect and unchanged. SECTION III. The definition of Office, General in section 4-11-150 of the Renton Municipal Code is amended as shown below. All other definitions in 4-11-150 remain in effect and unchanged. OFFICE, GENERAL: A place at which the affairs of a business, profession, service, or industry are conducted and generally furnished with desks, tables, files and communication equipment. This definition includes associated accessory uses including but not limited to exercise rooms and cafeterias for use by employees and clients. This definition excludes conference centers, medical and dental offices, veterinary offices/clinics, city government offices, other government offices and facilities,e a-n4 social service organizations, and construction/contractor's offices. SECTION III. Section 4-11-160 of the Renton Municipal Code is amended to add a new definition of "Private Club, Fraternal Organization," in alphabetical order, to read as shown below. All other definitions in 4-11-160 remain in effect and unchanged. PRIVATE CLUB. FRATERNAL ORGANIZATION: An association of persons organized for some common purpose, including civic, professional, social, trade, fraternal, and other similar organizations. but not including erouas organized primarily to render a service which is customarily carried on as a business. SECTION IV. The definitions of "Services, Off -Site", "Services, On -Site", and "Service and Social Organizations" in section 4-11-190 of the Renton Municipal Code are amended as shown below. All other definitions in 4-11-190 remain in effect and unchanged. 2 AGENDA ITEM # 7. o) ORDINANCE NO. SERVICES, OFF -SITE: Establishments primarily engaged in providing individual or professional services at the customer's home or place of business. Examples of off -site services include, but are not limited to, temporary employment services, janitorial services, and professional house cleaner services. This definition excludes serviceandsocial service organizations and on -site services SERVICES, ON -SITE: Establishments primarily engaged in providing individual or professional services within the place of business, such as beauty and barber shops, retail laundry and dry-cleaning including coin -operated, garment alterations and repair, photo studios, shoe repair, pet grooming, real estate offices, personal accountants, indoor rental services, and repair of personal or household items, except for vehicle repair. This definition excludes adult retail uses, seFvmee-a„d social service organizations, and off -site services. r SERVICE AND SOCIAL SERVICE ORGANIZATIONS: An ineeFpeFated or secia1, ed6lCat+9R,literary 9F charitable purpeses. This E-14i itfeR alse*Pcl-_-d_es facilities. Public or nonprofit agencies that provide counseling, therapy, or other social or human service to rsons needine such services due to Dhvsical, mental. emotional. or other disabilities, but do not provide crisis intervention or case management. Also, ublic or nonarofit aeencies that Drovide Dublic services such as food ban 3 AGENDA ITEM # 7. o) ORDINANCE NO. clothing banks, day shelters, and job training centers. This does not include religious institutions and offices. government facilities, schools, hosr)itals, clini day care, residential uses. SECTION V. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2018. APPROVED BY THE MAYOR this Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2041:11/28/18:scr Jason A. Seth, City Clerk day of 12018. Denis Law, Mayor 21 AGENDA ITEM # 7. o) N C m C .CA 0 o� 0 N .O GJ 3 O a IA w IA a H Gl H C •O N N d' U Z_ �V Z Z a a 2 2 2 2 Q 2 o �I a = a W H ui O N Z W CA Z O a Zz � Ln ui �7 OP Z 2 2 ]G 21 Q 2 = x =I Q = W G N ui w � ti U cc = = 7C 2I Q 2 Q U �- CC U J 2 2 m W CA a o Q z �LU OLE O _ O 7 � N °4' U i y v7 ro u NI c a"'U N O _ _ v f0 c m0 NO c > CL,. Oil IC GJ U O C E W >. J aJ +! U w = cu E OO toE >. U a, E W C GJ t '= W E a U _ CL W xOE °' vi o N > — co U N U V CU �d AGENDA ITEM # 7. o) 0 z W U z Q z_ O _ 2 _ _ _ _ c c O co +j N L U C f0 `� 4� +�+ C GJ c7 C E ; U N Ln GJ 4J N N U U cn 4° O '1..- AGENDA ITEM # 7. p CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-220 OF THE RENTON MUNICIPAL CODE, BY EXTENDING AND MODIFYING THE MULTI -FAMILY HOUSING PROPERTY TAX EXEMPTION, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 22, 2003, the Renton City Council approved Ordinance No. 5061 (codified in RMC 4-1-220) to establish a limited property tax exemption to encourage multi -family housing development in designated residential targeted areas; and WHEREAS, the property tax exemption will sunset on December 31, 2018, unless extended by City Council action; and WHEREAS, the provisions of Section 4-1-220, Property Tax Exemption for Multi -Family Housing in Residential Targeted Areas, have been successful in encouraging increased residential opportunities and in stimulating new construction of multi -family housing in residential targeted areas; and WHEREAS, on June 25, 2018, the City Council approved Ordinance No. 5884 to establish an emergency interim control to temporarily prohibit, subject to specified exceptions, the acceptance of applications for multi -family housing incentives, including propertytax exemptions and formally requested staff recommendations for revisions to the multi -family housing incentive regulations, including property tax exemptions; and WHEREAS, on August 13, 2018, the City Council held a duly noticed public hearing to consider the interim control established in Ordinance No. 5884; and WHEREAS, the emergency interim control measure will sunset on December 25, 2018, unless subsequently amended by City Council; and 1 AGENDA ITEM # 7. p ORDINANCE NO. WHEREAS, the Administration believes that multi -family housing incentives should be used as a tool to encourage more multi -family housing development in the City's priority community revitalization and redevelopment areas and to encourage more affordable multi- family housing in the City; and WHEREAS, the Administration believes that an incentive should only be provided to market -rate multi -family housing projects that represent the highest and best use of the applicable zoned property; and WHEREAS, the City seeks to amend RMC 4-1-220 to extend, as modified, the property tax exemption to encourage additional future multi -family housing projects in the residential targeted areas; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on April 23, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties appearing in support or in opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Section 4-1-220 of the Renton Municipal Code is amended as follows: 2 AGENDA ITEM # 7. p ORDINANCE NO. 4-1-220 PROPERTY TAX EXEMPTION FOR MULTI -FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS: A. PURPOSE: As provided for in chapter 84.14 RCW, the purpose of this Section is to provide limited; eight (8), ten (10), or twelve (12) year exemptions from ad valorem property taxation for qualified new multi -family housing located in designated residential targeted areas. B. DEFINITIONS: In construing the provisions of this Section, the following definitions shall be applied: 1. "Administrator" means the Department of Community and Economic Development Administrator, or any other City office, department or agency that shall succeed to its functions with respect to this Section. 2. "Affordable housing" means residential housing that is rented by a low- income household whose monthly housing costs, including rent and utilities other than telephone, do not exceed thirty percent (30%) of the household's monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of and purchased by low- or moderate -income households. 3. "Downtown" refers to a geographical area depicted in the Eligible Areas for Multi -Family Housing Incentives Map ("Map"), which shall be maintained in the Office of the City Clerk, and which was originally adopted as Attachment A to 3 AGENDA ITEM # 7. p ORDINANCE NO. Ordinance No. 5760. The boundaries of the Downtown shown on the Map are hereby made part of this Section, which shall be read and interpreted in light of the contents of the Map. 4. "Household" means a single person, family, or unrelated persons living together. 5. "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below sixty e+g#y percent (60% 8"0 ) of the median income, as further defined in sin RMC 4-1- 220.C.1.b.ii(a) of thiS Seeti ^ 6. "Median income" means the median family income adjusted for family size for King County, as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. 7. "Mixed -use" means a multi -family housing residential project with at least one other nonresidential use in one or more multi -family housing buildings in the project, such as retail, office, entertainment, schools, conference centers or a use approved in writing by the Administrator. The purpose of the mixed - use requirement is to implement the intent of the land use district, maximize the efficient use of land, support transit use, and encourage the development of well- balanced, attractive, convenient, and vibrant urban residential neighborhoods. 21 AGENDA ITEM # 7. p ORDINANCE NO. The additional use excludes any accessory functions related to the residential use. Unless otherwise modified or waived in writing by the Administrator, the nonresidential mixed -use shall occupy at a minimum the ground floor along the street frontage with a depth of at least thirty feet (30') for any building in the project. 8. "Moderate -income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below ei htye+ve hundred +,.,^^+„ percent (809/o 120%) of the median income, as further defined in subseetien.RIVIC 4-1-220.C.1.b.ii(b) ^f this Seetie^ 9. "Multi -family housing" means one for more new buildings designed for permanent residential occupancy, each with four (4) or more dwelling units. 10. "Permanent residential occupancy" means multi -family housing that provides either owner occupancy, or rental accommodation that is leased for a period of at least one month but excluding transient rental accommodations that predominantly offer accommodation on a daily or weekly basis, for example, hotels and motels. 11. "Sunset Area" refers to a geographical area depicted in the Eligible Areas for Multi -Family Housing Incentives Map ("Map"), as it exists or may be amended, which shall be maintained in the Office of the City Clerk, and which was oriL-inally adopted as Attachment A to Ordinance No. 5760. The boundaries of the Sunset Area shown on the Map are hereby made part of this Section, which shall be read and interpreted in light of the contents of the Map. 5 ORDINANCE NO. AGENDA ITEM # 7. p C. TAX EXEMPTION: 1. Duration of Exemption: The value of improvements qualifying under RMC 4-1-220.D is exempt from ad valorem property taxation as follows: a. For properties for which applications are submitted before July 22, 2007, the value is exempt for ten (10) successive years beginning January 1st of the year immediately following the calendar year of issuance of the final certificate of tax exemption. b. For properties for which applications are submitted on or after July 22, 2007 through December 17, 2018, the value is exempt: i. For eight (8) successive years beginning January 1st of the year immediately following the calendar year of issuance of the final certificate of tax exemption; or ii. For twelve (12) successive years beginning January 1st of the year immediately following the calendar year of issuance of the final certificate of tax exemption, if the property otherwise qualifies for the exemption and the applicant/owner rents or sells at least twenty percent (20%) of the multi -family housing units as affordable housing to low- and moderate -income households as further defined in subseetgen,s RMC 4-1-220.C.1.b.ii(a) and (b) (C)( `(b)(ii)(a) and (a) For rental projects, at least twenty percent (20%) of the multi- family housing units in the project shall must be rented throughout the duration of the 0 AGENDA ITEM # 7. p ORDINANCE NO. twelve (12) year exemption period as affordable housing to low-income households at eighty percent (80%) or less of median income. (b) For ownership projects, at least twenty percent (20%) of the multi- family housing units in the project shall must be sold as affordable housing to low or moderate income households at one hundred twenty percent (120%) or less of median JcJ- The owner may use any combination of studio, one (1) bedroom, two (2) bedroom, and/or three (3) bedroom units to comply with the minimum twenty percent (20%) requirement in subs tiens (C)( )(b)(ii)(a) and (C)( vb)(ii)(b) of this Ser-tien RMC 4-1-220.C.1.b.ii(a) or (b). JdJ If, in calculating the minimum twenty percent (20%) of the multi -family housing units in the project for affordable housing in s ��►�, ���,v;,� of this Seeti r RMC 4-1-220.C.1.b(ii), the number contains a fraction, then the minimum number of multi -family housing units for affordable housing shall be rounded up to the next whole number. JeJ- When the project includes more than one (11 building with multi -family housing units, all of the affordable housing units required in „,section (C)(1)(w„) of this Sectie RMC 4-1-220.C.1.b(ii) may not be located in the same building. c. For properties for which applications are submitted on or after December 18, 2018, the value is exempt: 7 AGENDA ITEM # 7. p ORDINANCE NO. i. For eight (8) successive years beginning January 1st of the year immediatelv following the calendar vear of issuance of the final certificate of tax exemption; or ii. For twelve (12) successive years beginning January 1st of the year immediately following the calendar year of issuance of the final certificate of tax exemption, if the Droaerty otherwise aualifies for the exemption and the applicant/owner rents or sells at least twenty percent (20%) of the multi -family housing units as affordable housing to low- and moderate -income households as further defined in RMC 4-1-220.C.1.c.ii(a) and (b). (a) For rental projects, at least twenty percent (20%) of the multi- family housing units in the project shall be rented throughout the duration of the twelve 12) vear exemption Deriod as affordable housine to low-income households at s percent (60%) or less of median income. (b) For ownership projects, at least twenty percent (20%) of the multi- familv housing units in the Droiect shall be sold as affordable housing to low or moderate income households at eighty percent (80%) or less of median income. c) The owner may use anv combination of studio. one (1 bedroom, two (2) bedroom, and/or three (3) bedroom units to comply with the minimum twentv Dercent (20%) reauirement in RMC 4-1-220.C.1.c.ii(a) or (b). (d) If, in calculating the minimum twenty percent (20%) of the multi -family housing units in the project for affordable housing in RMC 4-1- 220.C.1.c(ii), the number contains a fraction, then the minimum number of multi- 0 AGENDA ITEM # 7. p ORDINANCE NO. family housing units for affordable housing shall be rounded up to the next whole I MTn1TS7 (e) When the protect includes more than one (1) building with multi-familv housing units, all of the affordable housing units reauired in RMC 4- 1-220.C.1.c(ii) may not be located in the same building. 2. Limits on Exemption: The exemption does not apply to the value of land or to the value of nonhousing-related improvements not qualifying under RMC 4- 1-220.D, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements. This Section also does not apply to increases in assessed valuation made by the County Assessor on nonqualifying portions of building and value of land, nor to increases made by lawful order of a County Board of Equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. D. PROJECT ELIGIBILITY: To qualify for exemption from property taxation under this Section, the project must shall satisfy all of the following requirements: 1. Location: The property must shall be located in one of the designated "residential targeted areas" listed below in sin RMC 4-1-220.D.1.a or P4b „f +h;.; c,,,+;„n which are targeted for low- or moderate -income housing serving households at or below eighty percent (80%) of the median income. If a part of 9 AGENDA ITEM # 7. p ORDINANCE NO. any legal lot is within a residential targeted area, then the entire lot shall be deemed to lie within the residential targeted area. a. Sunset Area: In Withinthe Sunset Area and within +R the Center Village (CV), Residential Multi -Family (RMF), or the Residential-14 (R-14) Zone; or b. Downtown: In the Downtown and within the Center Downtown (CD) Zone or Residential-14 R-14 Zone (R 14). 2. Size and Structure: a. If the project is located in the Downtown and within the Residential- 14 (R-14) Zone, or within in the Sunset Area and +R within either the Residential Multi -Family (RMF) Zone or the Residential-14 (R-14) Zone, the project must shall (i) consist of a minimum total of ten (10) new dwelling units of multi -family housing, and (ii) be located within a new residential structure(s) or a new mixed - use development as allowed by the RMC for the specific zone. At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. b. If the project located in the Downtown and within the Center Downtown (CD) Zone, or is within in the Sunset Area and +R within the Center Village (CV) Zone, the project must shall (i) consist of a minimum total of thirty (30) new dwelling units of multi -family housing and (ii) be located within a new mixed -use development, unless otherwise waived by the Administrator. If the Administrator waives the mixed -use development requirement, the multi -family housing must shall be located in a new residential structure(s). At least fifty 10 AGENDA ITEM # 7. p ORDINANCE NO. percent (50%) of the space within the project shall be intended for permanent residential occupancy. c. If one hundred percent (100%) of the housing units in a homeownership Droiect are affordable housing and the Droiect is located in the Downtown and within the Center Downtown (CD) Zone or in the Sunset Area and within the Center Village (CV) Zone. the proiect shall (i) consist of a minimum of ten (10) new dwelling units of multi -family housing and (ii) be located within a new residential structure(s) or a new mixed -use development as allowed by the RMC for the specific zone. At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancv. The proiect shall designate and sell at least fifty percent (50%) of total housing units as affordable for households at or below eiehty percent (80%) of median income. and desienate and sell any remaining housing units as affordable for households at or below one hundred twentv percent (120%) of median income. In addition. the housing units affordable for households at or below eighty percent (80%) of median income shall remain affordable in similar model acceptable to the City. through a communitv land trust or other d. Market -rate townhome proiects located in the Downtown and within the Center Downtown (CD) Zone, or in the Sunset Area and within the Center Village (CV) Zone are not elieible for the exemption. 3. Compliance Monitoring: Any applicant/owner with affordable housing units in the project shall demonstrate experience and/or ability to provide 11 AGENDA ITEM # 7. p ORDINANCE NO. affordable housing and provide a third -party entity to document compliance with the affordable housine reauirements for the annual resorts further defined in subsection K of this Section. 3-.4. Exception for Existing Residential Structure: In the case of an existing occupied residential structure that is proposed for demolition and redevelopment as new multi -family housing, the project must shall provide as a minimum number of dwelling units in the new multi -family housing project, the greater of: a. Replace the existing number of dwelling units and, unless the existing residential rental structure was vacant for twelve (12) months or more prior to demolition, provide for a minimum of four (4) additional dwelling units in the new multi -family housing project; or b. Provide the number of dwelling units otherwise required in subsecti n /nV21 of this Ser#iep RMC 4-1-220.D.2. 45. Completion Deadline: The project must shall be completed within three (3) years from the date of approval of the contract by the City Council as provided in RMC 4-1-220.F.2 or by any extended deadline granted by the Administrator as provided in RMC 4-1-220.1. E. APPLICATION PROCEDURE: 1. Form: The owner of property applying for exemption under this Section shall submit an application to the Administrator on a form established by the Administrator. The owner shall verify the correctness of the information contained in the application by his/her signature and affirmation made under 12 AGENDA ITEM # 7. p ORDINANCE NO. penalty of perjury under the laws of the State of Washington. The application shall contain such information as the Administrator may deem necessary or useful, which at a minimum shall include: a. A completed City application form, including information setting forth the grounds for tax exemption and whether the owner elects to rent or sell at least twenty percent (20%) of the multi -family housing units as affordable housing to low- and moderate -income households to qualify for the twelve (12) year exemption defined in subsect+en (G)(i `("`this Seet+e RMC 4-1- 220.C.1.b.ii; b. A brief written description of the project, and schematic site and floor plans of the multi -family dwelling units and the structure(s) in which they are proposed to be located; c. Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made and presented to the Administrator prior to the City's final action on the exemption application; d. A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this Section. 2. Fee: At the time of initial application under this Section, the owner shall pay to the City an initial application fee of one thousand dollars ($1,000.00). 3. Deadline: The application shall be submitted prior to the issuance of the building permit for the project, unless otherwise approved by the Council. The 13 AGENDA ITEM # 7. p ORDINANCE NO. Administrator shall approve or deny an exemption application within ninety (90) days of receipt of a complete application. F. APPLICATION APPROVAL: 1. Approval: The Administrator may approve an application if he or she finds that: a. The owner has complied with all of the requirements of this Section, including but not limited to the project eligibility requirements contained in RMC 4-1-220.D and the application requirements contained in RMC 4-1-220.E; and b. The proposed project is, or will be at the time of completion, in conformance with all approved plans, and all applicable requirements of the Renton Municipal Code or other applicable requirements or regulations in effect at the time the application is approved. 2. Contract Required: If the application is approved, the owner shall enter into a contract with the City, approved by the City Council, regarding the terms and conditions of the project under this Section. 3. Issuance of Conditional Certificate: Following Council approval of the contract, the Administrator shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of Council approval of the contract unless an extension is granted as provided in RMC 4-1-220.1. C41IF_1:2014GA11[9L11�0U_L4a 14 AGENDA ITEM # 7. p ORDINANCE NO. 1. Denial: The Administrator shall deny an application if the criteria in RMC 4-1-220.F.1 are not met. The Administrator shall state in writing the reasons for the denial and send notice of denial to the owner's last known address within ten (10) days of the denial. 2. Appeal: An owner may appeal a denial of a tax exemption application to the City Council by filing a notice of appeal with the City Clerk within thirty (30) calendar days of receipt of notice of the denial. The appeal before the City Council shall be based upon the record before the Administrator, and the Administrator's decision will be upheld unless the owner can show that there is no substantial evidence on the record to support the Administrator's decision. The City Council's decision on appeal is final. H. AMENDMENT OF CONTRACT: An owner may request an amendment(s) to the contract by submitting a request in writing to the Administrator, together with a fee of five hundred dollars ($500.00), at any time within three (3) years of the date of the approval of the contract as provided for in RMC 4-1-220.F.34;2. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in RMC 4-1-220.1 are met. I. EXTENSION OF CONDITIONAL CERTIFICATE: 1. Application: The conditional certificate may be extended by the Administrator for a period not to exceed twenty-four (24) consecutive months. 15 AGENDA ITEM # 7. p ORDINANCE NO. The owner shall submit a written request stating the grounds for the extension together with a fee of two hundred fifty dollars ($250.00). 2. Approval: The Administrator may grant an extension if the Administrator finds that: a. The anticipated failure to complete construction within the required time period is due to circumstances beyond the control of the owner; b. The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence; and c. All the conditions of the original contract between the owner and the City will be satisfied upon completion of the project. 3. Denial —Appeal: If an extension is denied, the Administrator shall state in writing the reason for denial and shall send notice to the owner's last known address within ten (10) calendar days of the denial. An owner may appeal the denial of an extension to the Hearing Examiner by filing a notice of appeal with the City Clerk within fourteen (14) calendar days after issuance of the notice of the denial. The appeal before the Hearing Examiner shall follow the provisions of RMC 4-8-110.E. The owner may appeal the Hearing Examiner's decision to the King County Superior Court according to the procedures contained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within thirty (30) days of notification by the City to the owner of the decision. J. FINAL CERTIFICATE: 16 AGENDA ITEM # 7. p ORDINANCE NO. 1. Application: Upon completion of the construction as provided in the contract between the owner and the City, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the owner may request a final certificate of tax exemption. The owner shall pay a fee of one thousand dollars ($1,000.00) and file with the Administrator such information as the Administrator may deem necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include: a. A statement of expenditures made with respect to each multi -family housing unit and the total expenditures made with respect to the entire property; b. A description of the completed work and a statement of qualification for the exemption; c. The total monthly rent or total sale amount of each multi -family housing unit rented or sold to date; d. The income of each renter household to date at the time of initial occupancy and the income of each initial purchaser of owner -occupied multi- family housing units to date at the time of purchase; e. If applicable, a statement that the project meets the affordable housing requirements in (c)(1)(")(ii) A- f t-hiSSeEtieR RMC 4-1- 220.C.1.b.ii, along with the number, type, and specific multi -family housing units rented or sold to date, as applicable, to meet the affordable housing requirements; 17 AGENDA ITEM # 7. p ORDINANCE NO. f. Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW; and g. A statement that the work was completed within the required three (3) year period or any approved extension. 2. Determination: Within thirty (30) days of receipt of all materials required for a final certificate, the Administrator shall determine whether the completed work is consistent with the contract between the City and owner, whether all or a portion of the completed work is qualified for exemption under this Section and, if so, which specific improvements satisfy the requirements of this Section. 3. Filing with County Assessor: For projects that comply with the requirements of RMC 4-1-220.J.1, the City shall file a final certificate of tax exemption with the King County Assessor within ten (10) days of the expiration of the thirty (30) day period provided in the prior subsection. 4. Recording: The Administrator is authorized to cause to be recorded, at the owner's expense, in the real property records of the King County Recorder's Office Department. ^f °^r^.rd'--- andl Eleetie-n , the contract with the City required under RMC 4-1-220.F.2, as amended under RMC 4-1-220.H, if applicable, and/or such other document(s) as will identify such terms and conditions of eligibility for exemption under this Section as the Administrator deems appropriate for recording. ku AGENDA ITEM # 7. p ORDINANCE NO. 5. Denial: The Administrator shall notify the owner in writing that the City will not file a final certificate if: (a) the Administrator determines that the project was not completed within the required three (3) year period or any approved extension, or was not completed in accordance with the contract between the owner and the City and the requirements of this Section, or the owner's property is otherwise not qualified for the limited exemption under this Section; or (b) the owner and Administrator cannot come to an agreement on the allocation of the value of the improvements allocated to the exempt portion of the project. 6. Appeal: The owner may appeal the Administrator's decision to the Hearing Examiner by filing a notice of appeal with the City Clerk within fourteen (14) calendar days after issuance of the notice of the denial. The appeal before the Hearing Examiner shall follow the provisions for appeal contained in RMC 4-8- 110.E. The owner may appeal the Hearing Examiner's decision to the King County Superior Court according to the procedures contained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within thirty (30) days of notification by the City to the owner of the decision. K. ANNUAL CERTIFICATION AND REPORT: Within thirty (30) days after the first anniversary of the date the City issued the final certificate of tax exemption and each year thereafter for the duration of the tax exemption period, the property owner shall file an annual report with the Administrator. For a project with any affordable housing units, the property owner shall also provide documentation as part of the annual report that a third -party 19 AGENDA ITEM # 7. p ORDINANCE NO. entity has verified the project's compliance with the affordable housing uirements in RMC 4-1-220.C.1.b.ii and 4-1-220.D.2.c. as applicable. Failure to submit the annual report may result in cancellation of the tax exemption. The certification shall contain such information as required by Chapter 84.14 RCW and as the Administrator may deem necessary or useful, and shall at a minimum include the following information: 1. A statement of occupancy and vacancy of the multi -family dwelling units during the twelve (12) months ending with the anniversary date; 2. A certification that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in subsest+e„ef this Sest+en RMC 4-1- 220.C.1.b.ii since the date the City issued the final certificate of tax exemption and that the project continues to be in compliance with the contract with the City and the requirements of this Section; 3. A description of any improvements or changes to the property made after the City issued the final certificate of tax exemption; 4. The total monthly rent of each multi -family housing unit rented or the total sale amount of each multi -family housing unit sold to an initial purchaser during the twelve (12) months ending with the anniversary date; 5. The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner -occupied multi -family housing 20 AGENDA ITEM # 7. p ORDINANCE NO. units at the time of purchase during the twelve (12) months ending with the anniversary date; 6. If applicable, a breakdown of the number, type, and specific multi -family housing units rented or sold during the twelve (12) months ending with the anniversary date, as applicable, to meet the affordable housing requirements in subsection (C)(1)(h)ri) of this Section RMC 4-1-220.C.1.b.ii; and 7. Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW. L. CANCELLATION OF TAX EXEMPTION: 1. Cancellation: If at any time the Administrator determines that: (a) the property no longer complies with the terms of the contract or with the requirements of this Section; (b) the use of the property is changed or will be changed to a use that is other than residential; (c) the project violates applicable zoning requirements, land use regulations or building code requirements; or (d) the property for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to State law. Upon determining that a tax exemption shall be canceled, the Administrator shall notify the property owner by certified mail, return receipt requested. 2. Appeal: The property owner may appeal the determination by filing a notice of appeal with the City Clerk, within thirty (30) days after issuance of the decision by the Administrator, specifying the factual and legal basis for the appeal. 21 AGENDA ITEM # 7. p ORDINANCE NO. The appeal before the Hearing Examiner shall follow the procedures set forth in RMC 4-8-110.E. At the appeal hearing, all affected parties may be heard and all competent evidence received. The Hearing Examiner shall affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. The Hearing Examiner shall give substantial weight to the Administrator's decision to cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the Administrator's decision shall be upon the appellant. An aggrieved party may appeal the Hearing Examiner's decision to the King County Superior Court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.110(2), within thirty (30) days after issuance of the decision of the Hearing Examiner. 3. Change of Use: If the owner intends to convert the multi -family housing to another use, the owner must shall notify the Administrator and the King County Assessor within sixty (60) days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to State law. M. SUNSET OF EXEMPTION FOR APPLICATIONS FOR CONDITIONAL CERTIFICATES: The City shall not accept new applications for conditional certificates as provided in RMC 4-1-220.E after the close of business on December 31, 20182021, unless extended by City Council action. The City shall process (1) pending complete applications for a conditional certificate submitted before the close of business on 22 AGENDA ITEM # 7. p ORDINANCE NO. December 31, 20182021, and (2) applications for an extension of the conditional certificate and/or a final certificate received after the close of business on December 31, 20182021, as provided in subsections D through J of this Section. Subsections C and J through L of this Section shall continue to apply to all properties that have been or are issued a final certificate of tax exemption under RMC 4-1-220 until expiration, termination or cancellation of the tax exemption. Incomplete applications for conditional certificates as of the close of business on December 31, 20182021, shall be denied and/or returned to owners. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. If this ordinance comes into effect prior to the December 25, 2018 sunset date of Ordinance No. 5884, the terms of this ordinance shall control over Ordinance No. 5884. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk 23 AGENDA ITEM # 7. p ORDINANCE NO. APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2046:11/27/18:scr Denis Law, Mayor 24 AGENDA ITEM # 7. q) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-210.A, 4-1-210.113, AND 4-1-210.0 OF THE RENTON MUNICIPAL CODE, BY EXTENDING AND MODIFYING THE WAIVER OF CERTAIN DEVELOPMENT AND MITIGATION FEES, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 27, 2001, the Renton City Council approved Ordinance No. 4913 (codified in RMC 4-1-210.13) to allow certain development and mitigation fees for housing that is for sale to be waived to encourage new owner -occupied housing in Downtown Renton; and WHEREAS, on February 1, 2010, the City Council approved Ordinance No. 5524 (codified in RMC 4-1-210.13) to allow certain development and mitigation fees for housing that is for sale to be waived to encourage new owner -occupied housing in the Sunset Area; and WHEREAS, on August 1, 2011, the City Council approved Ordinance No. 5617 (codified in RMC 4-1-210.C) to allow certain development and mitigation fees for rental housing to be waived to encourage new multi -family rental housing in the Sunset Area; and WHEREAS, these development and mitigation fee waivers will sunset on December 31, 2018, unless extended by City Council action; and WHEREAS, on June 25, 2018, the City Council adopted Ordinance No. 5884 to establish an emergency interim control to temporarily prohibit, subject to specified exceptions, the acceptance of applications for multi -family housing incentives, including the development and mitigation fee waivers, and formally requested staff recommendations for revisions to the multi- family housing incentive regulations, including development and mitigation fee waivers; and 1 AGENDA ITEM # 7. q) ORDINANCE NO. WHEREAS, on August 13, 2018, the City Council held a duly noticed public hearing to consider the interim control established in Ordinance No. 5884; and WHEREAS, the emergency interim control measure will sunset on December 25, 2018, unless subsequently amended by City Council; and WHEREAS, the provisions of Subsection 4-1-210.13, Owner -Occupied Housing Incentive, and Subsection 4-1-210.C, Rental Housing Incentive, have been successful in encouraging increased residential opportunities and in stimulating new construction of multi -family housing in Downtown Renton and the Sunset Area; and WHEREAS, the Administration believes that the waived fees housing incentive should be used as a tool to encourage more affordable housing in the City; and WHEREAS, the City seeks to amend RMC 4-1-210.13 and 4-1-210.0 to extend, as modified, the development and mitigation fee waivers to encourage the development of additional new affordable housing in eligible zones throughout the City; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on April 23, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO I:�]:i7eVi•Ie�.�r�]����i�L.� 2 AGENDA ITEM # 7. q) ORDINANCE NO. SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsections 4-1-210.A, 4-1-210.13, and 4-1-210.0 of the Renton Municipal Code are amended as follows: 4-1-210 WAIVED FEES: A. GENERAL: The Renton City Council s#a4 may in its discretion, „pen stating an equita - - er legal r R fer ,.,-,iver, have the therity to waive any and all fees authorized under this Chapter of Title 4. B. AFFORDABLE OWNER -OCCUPIED HOUSING INCENTIVE: 1. Purpose: To encourage the development of new affordable owner - occupied housing in the City CD, CV, R 14, and RnnF Z n s that - alse i, cat d the Eligible AFeas f^oFMulti-Family Heusing IneeRtiyes, by waiving certain development and mitigation fees for eligible affordable "For Sale" housing projects, subject to City Council approval. HOUSiRg 'ReeRtives Map ("Map"). The boundaries of the varieus districts shall be 3 AGENDA ITEM # 7. q) ORDINANCE NO. 2. Definitions: In construing the provisions of RMC 4-1-210.B, the following definitions shall be applied: a. "Administrator" means the Department of Community and Economic Development Administrator, or anv other Citv office. department or agency that shall succeed to its functions with respect to RMC 4-1-210.13. b. "Affordable housing" means. for the purposes of housing intended for owner -occupancy, residential housing that is within the means of, set -aside for. and purchased by moderate -income households. c. "Household" means a single person, family, or unrelated persons living together. d. "Median income" means the median household income adjusted for household size for Kine Countv. as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer ublishes median income figures for KinL7 Countv. the Citv may use or determine such other method as it may choose to determine the King County median income, adiusted for household size. e. "Moderate -income household" means a single person, family, or unrelated persons livine toeether whose adiusted income is at or below either eighty percent (80%) or one hundred and twenty percent (120%) of the median income. as implied by context. 21 AGENDA ITEM # 7. q) ORDINANCE NO. 3. Eligibility Criteria: To qualify for waived fees, projects shall consist entirely of new construction with all of the housing units platted or condominium "For Sale" housing, and either meet the following criteria: a. The project wall —be shall include a minimum of ten (10) units; and 44R b. The Droiect shall designate and sell at least fifty Dercent (50%) of total housing units as affordable housing for households at or below eighty rcent (80%) of median income. and designate and sell anv remaining housi units as affordable housing for households at or below one hundred twenty rcent (120%) of median income: and c. Affordable housing units for households with income at or below eighty Dercent (80%) of median income shall remain as affordable housing in perpetuity through a community land trust or other similar model acceptable to the City; and d. The applicant/owner shall demonstrate their experience and/or abilitv to provide affordable housinLy and identifv a third -Darts entitv who will document compliance with the affordable housing requirements for the annual reports described in RMC 4-1-210.13.9. 5 AGENDA ITEM # 7. q) ORDINANCE NO. 4. Applicable Fees: charges; a. Fees which may be waived are: ai. Building permit fees; 19Lk. Building permit plan review fees; Eiii. Water, surface water, and wastewater system development div. Public Works plan review and inspection fees; aP4 ev. €4e-,4Transportation; and parks impact mitigation fees.i vi. Fire impact mitigation fees, to the extent such waiver is authorized by interlocal agreement with the Renton Regional Fire Autho vii. Civil plan review and inspection fees; and viiii. Technolo2v surcharge fees. b. Fees which may not be waived are all fees not listed in RMC 4-1- 210.B.4.a. includi i. Fire plan review and permit fees. 5. Application Process: °^rS^^s •x"^ iptepel Jo apply for the ono; - waived fees under RMC 4-1-210.13, the applicant/owner shall apply by sending a written letter describing the project and requesting the fee waiver pFier to the applicatien fer waived fees must be made to the Cew,m ,pity and Ecen Develepment Administrator Ter any ether City effice, depaFtment ^ agency th-al 9 AGENDA ITEM # 7. q) ORDINANCE NO. hall ^P +^ ,+S, f -.,.-+ir,.,S ,.,;+h r eet to this Seeti^n) at the time of the land use application, unless otherwise approved by City Council. 6. Restrictive Covenant: All resideRtial units vdh,eh ^"taro a sucees.;ful f.,., 9+ "" cstreeted t6 iRg. Af�r Rd appFE)va •,f If the waiver by +h^ City Council waives fees under RMC 4-1-210.13, all real grope subject to the waiver shall be encumbered by a toe restrictive covenant reauirinR that the real oroDerty be Dlatted or restricted to condominium housing, that the housing units designated as affordable housing for households at or below eighty Dercent (80%) of median income shall be maintained and sold as affordable housing to households at or below eighty rcent (80%) of median income in Deroetuitv. and that the housing units designated as affordable housing for households at or below one hundred twenty rcent (120%) of median income shall be initiallv sold as affordable housine to households at or below one hundred twenty percent (120%) of median income. After review and aDDroval of the fee waiver by the Citv Council and review and approval of the restrictive covenant by the Cemmunity apa—€eenemie Pevel^^m^^+ Administrator, the restrictive covenant must shall be executed and recorded at the applicant owner's expense prior to the issuance of toe any building permit for the project, unless otherwise approved by City Council. Pailure If the applicant/owner fails to timely execute and record the covenant, the fee waiver shall be revoked and the apDlicant/owner shall Dav will Fesult in the 7 AGENDA ITEM # 7. q) ORDINANCE NO. appliEaRtbe+r.g KespeRSi fer any-a„d all applicable fees a+d plus interest accrued - ^-,-„i+ of the delay at the statutory rate from the date of the C Council's fee waiver. T 7. Contract: If the Citv Council waives fees for a Droiect. the applicant/owner shall enter into a contract with the City, approved by the City Council. re2ardin2 the terms and conditions of the Droiect under RMC 4-1-210.13. The contract shall be executed and recorded against the subject real property at the applicant/owner's exaense before the Droiect is entitled to issuance of a Certificate of Occupancy. If the applicant/owner fails to timely execute and record the contract. the fee waiver shall be revoked and the applicant/owner shall Dav all applicable fees plus interest accrued at the statutory rate from the date of the City Council's fee waiver. 8. Cancellation: If the applicant/owner or project fails to meet any reauirement of RMC 4-1-210.13 after the Citv Council waives fees. the fee waiver shall be revoked and the applicant/owner shall pay all applicable fees plus interest accrued at the statutory rate from the date of the Citv Council's fee waiver. AGENDA ITEM # 7. q) ORDINANCE NO. 9. Annual Certification and Report: Within thirty (30) days after the first anniversary of issuance of the Droiect's Certificate of Occupancy and each vear thereafter for thirty (30) years, the applicant/owner shall file an annual report with the Administrator. The report shall contain such information as the Administrator may deem necessary or useful, and shall at a minimum include the following information: a. A certification that the project has been in compliance with the affordable housing reauirements as described in RMC 4-1-210.B.3.b and c since the date the City issued the project's Certificate of Occupancy and that the project continues to be in compliance with the contract with the Citv and the requirements of RMC 4-1-210.13; b. A breakdown of the number and specific housing units sold duri the twelve (12) months ending with the anniversary date, as applicable, to meet the affordable housine reauirements in subsections RMC 4-1-210.B.3.b and c : c. The total sale amount of each affordable housing unit for households at or below eighty percent (80%) and/or one hundred twenty percent (120%) of median income sold during the twelve (12) months ending with the anniversary date, as applicable; d. The income of each purchaser (at the time of purchase) of a affordable housinLy unit for households at or below eighty percent (80%) and/or one hundred twenty percent (120%) of median income during the twelve (12) months endine with the anniversary date. as applicable: and 9 AGENDA ITEM # 7. q) ORDINANCE NO. e. Documentation that a third -party entity has monitored the pro 0ect's compliance with the affordable housing requirements in RMC 4-1-210.13.3.b and c, as applicable. 109. Effective Oateand- Sunset: The Citv will accent aDDlications for waived fees under RMC 4-1-210.13 until These fee ..,aaveFs are effective for building ,oerpAits-issuedafter A-Hgut13z2001, and SU„set at close of business on December 31, 20182021, unless extended by City Council action. C. AFFORDABLE RENTAL HOUSING INCENTIVE: 1. Purpose: To encourage development of new affordable rental housing in the City ram, RMF, and R 14zenes within the Sunset Area by waiving certain development and mitigation fees for eligible affordable rental housing may be waived fer eligible projects, subject to City Council approval. 2. Definitions: In construing the provisions of this s bseet ^^ RMC 4-1- 210.C, the following definitions shall be applied: a. "Administrator' means the Department of Community and Economic Develooment Administrator. or anv other Citv office, deoartment or agency that shall succeed to its functions with respect to RMC 4-1-210.C. b.a-. "Affordable housing" means residential housing that is rented by a low-income household whose monthly housing costs, including rent and utilities other than telephone, do not exceed thirty percent (30%) of the household's monthly income. However, if the multi family. housing project is funded with federal low-income housing tax credits (LIHTC) as provided for in Section 42 of the 10 AGENDA ITEM # 7. q) ORDINANCE NO. Internal Revenue Code, a unit will be considered affordable housing if it is rented at or below the rental rate for a household at sixty percent (60%) of the King County median income under the LIHTC program rules with a deduction for utility costs, if applicable. The King County LIHTC rents are published annually by the Washington State Housing Finance Commission and are based on unit size assuming occupancy of one (1) person for a studio unit and one and one-half (1.5) persons per bedroom. c.b-. "Household" means a single person, family, or unrelated persons living together. d.c--. "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below sixty percent (60%) of the median income. e.4-. "Median income" means the median household fan++Ey income adjusted for household #ap+4yF size for King County, as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. e. "Multi fail„ heusi ng" P:icaP- ene er mere Rew bUil iRgS d sigped f. "Rental housing" means PAulti family housing that provides rental accommodation on a nontransient basis. This definition includes rental 11 AGENDA ITEM # 7. q) ORDINANCE NO. accommodation that is leased for a period of at least one month but excludes, for example, hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. 3. Eligibility Criteria: To qualify for waived fees projects shall consist entirely of new construction and must meet the following criteria: a-n4 laa. The project will be shall include a minimum of eight (8) units if in the RMFer R 14 ZeRe and within theSunset AFea; eF Residential-1 (R-1), Residential-4 (R-4). Residential-6 (R-6). Residential-8 (R-8). Residential-10 (R-10 Residential-14 (R-14), or Residential Multi -Family (RMF); or the project shall include a minimum of thirtv (30) units if in the Center Neighborhood (CN Commercial Arterial (CA), Center Village (CV), Center Downtown (CD), or Commercial Office (CO) Zone: wOthin the S,,n,-^t Area The Droiect shall designate and rent one hundred percent (100%) of the housing units as affordable housing for households at or below sixty rcent (60%) of median income: c. For proiects funded by the federal low-income housing tax credit ram (LIHTC). income averaRinR is Dermitted provided all units are affordable housing for households with income at or below eighty percent (80%) of median income. and the averaee rent for all housine units does not exceed the rate 12 AGENDA ITEM # 7. q) ORDINANCE NO. affordable for households with income at or below sixty percent (60%) of median income; d. Affordable housing units for households with income at or below sixtv Dercent (60%) of median income shall remain as affordable housing for a minimum of thirty (30) years; and e. The apDlicant/owner shall demonstrate exaerience and/or abilitv to provide affordable housing and identify a third -party entity who will document comDliance with the affordable housing reauirements for the annual re described in RMC 4-1-210.C.9. 4. Fees: charges; a. Fees which may be waived are: i. Building permit fees; ii. Building permit plan review fees; iii. Water, surface water, and wastewater system development iv. Public Works plan review and inspection fees; a-P4 v. €+Transportation; and parks impact mitigation fees.. vi. Fire impact mitieation fees. to the extent such waiver is authorized by interlocal agreement with the Renton Regional Fire Authority; vii. Civil Dlan review and inspection fees: and viii. Technology surcharge fees. 13 AGENDA ITEM # 7. q) ORDINANCE NO. b. °,�fFees which may not be waived are all fees not listed in RMC 4-1-210.C.4.a, includi as. '^ affordable "^ s+r r Fire plan review and permit fees. 5. Application Process: PeFsens whe intend Jo apply for the jai ^licati^^ fer waived fees must be ngade waived fees under RMC 4-1-210.C, the applicant/owner shall apply by sending a written letter describing the project and requesting the fee waiver to the Cemmunity--a d Ecenernie Develepment Administrator (or any other City office, epartmeTt er age+Cthat shur'i succ^c^cam to its f„nCtieRS with respect to this SeCti^n) at the time of the land use application, unless otherwise approved by City Council. 6. Restrictive Covenant: All projects which ^"*-ai^ a fee waiver as -,fferdlable hewsiRg u Rder subs rstiep I'nhi .,f this SeetieR must G Rtai , If the City Council waives fees under RMC 4-1-210.C, all real property subject to the waiver shall be encumbered by a restrictive covenant's requiring that the real Property shall be maintained at least fifty ercent (50%) ^efthe units will be s awe and rented as affordable housine as described in RMC 4-1-210.C.3.b. c and 14 AGENDA ITEM # 7. q) ORDINANCE NO. d. After review and approval of the fee waiver by the City Council and the review and approval of the restrictive covenant by the C w,MURity .;Ap-1 G,.,,n,, Pevel^^m^p+ Administrator, the restrictive covenant must shall be executed and recorded at the applicant owner's expense prior to the issuance of toe any building permit for the project, unless otherwise approved by City Council. e If the applicant/owner fails to timely execute and record the covenant, will result *n the applicant being respensible fer any and the fee waiver shall be revoked and the applicant/owner shall pay all applicable fees a-n4 plus interest accrued at the statutory rate from the date of the City Council's fee waiver as a Fes It of the delay. 7. Contract: If the Citv Council waives fees for a Droiect. the applicant/owner shall enter into a contract with the City, approved by the City Council. re2ardinR the terms and conditions of the Droiect under RMC 4-1-210.C. The contract shall be executed and recorded against the subject real property at the apolicant/owner's expense before the issuance of the Certificate of Occupancy. If the applicant/owner fails to timely execute and record the contract, the fee waiver shall be revoked and the apolicant/owner shall Dav all applicable fees plus interest accrued at the statutory rate from the date of the City Council's -78. Cancellation or Modification: If the applicant/owner or project fails to meet tie any requirement� of this subseGtOGR C, RMC 4-1-210.0 after the C Council waives fees, the fee waiver shall be revoked and the applicant/owner shall pay all applicable fees must be paid with plus interest accrued at the statutory rate 15 AGENDA ITEM # 7. q) ORDINANCE NO. from the date of the City Council's fee waiver. After the applicati9R "Ar, "^^^ appFaved -,Rd/eF the r tFietive eeveRaRt is FerzeFded City Council waives fees, the project may not be modified to owner -occupied "For Sale" housing without the advance approval of the City Council. 9. Annual Certification and Report: Within thirty (30) days after the first anniversary of issuance of the Droiect's Certificate of Occuoancv and each vear thereafter for thirty (30) years, the applicant/owner shall file an annual report with the Administrator. The report shall contain such information as the Administrator may deem necessary or useful, and shall at a minimum include the following information: a. A certification that the property has been in compliance with the affordable housing reauirements in RMC 4-1-210.C.3.b. c. and d. as aaolicabl since the date the City issued the Certificate of Occupancy and that the project continues to be in compliance with the contract with the Citv and the requirements of RMC 4-1-210.C; b. A statement of occuaancv and vacancv of the dwelling units duri the twelve (12) months ending with the anniversary date; c. A breakdown of the number and specific housing units rented duri the twelve (12) months ending with the anniversary date; d. The total monthly rent of each housing unit rented during the twelve (12) months ending with the anniversary date; 16 AGENDA ITEM # 7. q) ORDINANCE NO. e. The income of each renter household at the time of initial occupancy during the twelve (12) months ending with the anniversary date: and f. Documentation that a third -party entity has monitored the project's compliance with the affordable housing reauirements in RMC 4-1-210.C.3.b and d, as applicable. 910. EffeEt+ve Date and- Sunset: The City will accept applications for waived fees under RMC 4-1-210.0 until T"^-s^ fee .•.-,;ve-PS arim ^ff^^*kg^ fnrbuilding peFFnits issued -afteFSepte eF 5 2011, and will sunset at close of business on December 31, 20182021, unless extended by City Council action. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. If this ordinance comes into effect prior to the December 25, 2018 sunset date of Ordinance No. 5884, the terms of this ordinance shall control over Ordinance No. 5884. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk 17 AGENDA ITEM # 7. q) ORDINANCE NO. APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2045:11/28/18:scr Denis Law, Mayor IN AGENDA ITEM # 7. r) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 5-5-3.A OF THE RENTON MUNICIPAL CODE AND ADDING SECTION 4-5-125 TO THE RENTON MUNICIPAL CODE TO CREATE A RESIDENTIAL RENTAL REGISTRATION AND INSPECTION PROGRAM, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, some rental housing units with substandard conditions exist within the City of Renton; and WHEREAS, improving residential housing and encouraging all rental housing in the City to meet minimum life safety and fire safety standards are furthered by creating a program to promote code compliance; and WHEREAS, the rental registration and inspection program set forth below is not intended to establish requirements beyond the requirements that apply to existing structures under code provisions that are already in effect; and WHEREAS, creating such a program furthers the interest of the general public and is not undertaken for the benefit of any particular or circumscribed class of persons; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on November 19, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations and requested expedited review; and 1 AGENDA ITEM # 7. r) ORDINANCE NO. WHEREAS, the Planning Commission held a public hearing on June 15, 2016, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; and WHEREAS, the City Council considered all relevant matters, and heard all parties in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Chapter 4-5 of the Renton Municipal Code is amended to add a new section 4-5-125, "Residential Rental Registration and Inspection Program," to read as follows: 4-5-125 RESIDENTIAL RENTAL REGISTRATION AND INSPECTION PROGRAM: A. PURPOSE: The City Council finds that rental housing is a valuable community asset, providing homes for all income levels. The City recognizes that quality rental housing is a partnership among owners, tenants, and the City. Additionally, the City Council finds that there exists rental housing in the City that is below the minimum building standards and could violate RCW 59.18.060 of the Landlord - Tenant Act. As a result, to further the public health, safety, and welfare of its citizens and the maintenance of quality rental housing in the City, the City establishes a program to prevent and correct conditions in residential rental units that are likely to adversely affect the health, safety, and welfare of the public. It is 2 AGENDA ITEM # 7. r) ORDINANCE NO. a purpose of this section to encourage rental housing within the City to be actively operated and maintained in compliance with Chapter 59.18 RCW, the Residential Landlord -Tenant Act. The City Council further declares that this program is for the benefit of the public in general and not for the benefit of any particular or circumscribed class of persons. B. APPLICABILITY: This section applies to rental dwelling units with the following exceptions: 1. Room rental within a rental dwelling unit that is otherwise occupied by the landlord; 2. Accommodations for transient guests for which lodging tax is applicable (hotels, motels, inns, short-term rentals, etc.); 3. Hospitals, hospice and community -care facilities, retirement or nursing homes, extended care facilities, and other similar uses subject to state licensing requirements; 4. Rental dwelling units that a government agency or authority owns, operates, or manages, or that are specifically exempted from municipal regulation by state or federal law or administrative regulation. Such exemption applies until such ownership, operation, management, or specific exemption is discontinued; and 5. Emergency or temporary shelters and transitional housing. C. DEFINITIONS: 3 AGENDA ITEM # 7. r) ORDINANCE NO. In construing the provisions of RMC 4-5-125, the following definitions shall be applied: 1. "Administrator" means the Administrator of Community and Economic Development or designee as applicable and any other department administrator authorized by the Mayor to enforce this section, or their designee, which may include, but is not limited to, code compliance inspector, building official, or other designated City official. 2. "Certificate of Inspection" means a certificate made in accordance with the requirements of RCW 9A.72.085 by a qualified inspector on forms provided by or acceptable to the City that states that the landlord of the rental dwelling unit(s) at issue has not failed to fulfill any obligation imposed under RCW 59.18.060 of the Landlord -Tenant Act. 3. "Dwelling unit" means any structure or part of a structure which is used as a residence or sleeping place by one (1) or more persons, including but not limited to single-family residences, a room, rooming units, units of multiplexes, condominiums, apartment buildings, mobile homes, and other similar residential structures. 4. "Landlord" means an owner, lessor, or sublessor of a rental dwelling unit or the property on which a rental dwelling unit is located and, in addition, means any person designated as representative of the landlord including property managers. 21 AGENDA ITEM # 7. r) ORDINANCE NO. 5. "Landlord -Tenant Act" means the Residential Landlord -Tenant Act set forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended. 6. "Person" means an individual, group of individuals, corporation, government, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. 7. "Qualified inspector" means a United States Department of Housing and Urban Development certified inspector, a Washington State licensed home inspector, an American Society of Home Inspectors certified inspector, a private inspector certified by the National Association of Housing and Redevelopment Officials, the American Association of Code Enforcement, International Code Council certified inspector, a Washington licensed structural engineer, or a Washington licensed architect, or other comparable professional as approved by the Administrator. A landlord is not eligible to act as a qualified inspector for the landlord's rental property. 8. "RCW" means Revised Code of Washington. 9. "RCW 59.18.060 of the Landlord -Tenant Act" means, for the purposes of RMC 4-5-125, RCW 59.18.060(1) through (10), as currently enacted and hereinafter amended. 10. "Rental dwelling unit" means a dwelling unit that is rented or held out for rental. 5 AGENDA ITEM # 7. r) ORDINANCE NO. 11. "Rental property" means all rental dwelling units on a parcel or on contiguous parcels of land managed by the same landlord as a single rental complex. 12. "Residential Rental Checklist" means a statement, declaration, verification, or certificate made in accordance with the forms provided by or acceptable to the City that each rental dwelling unit at issue complies with RCW 59.18.060 of the Landlord -Tenant Act, and does not present conditions that endanger or impair health or safety. 13. "Tenant" is any person who is entitled to occupy a rental dwelling unit primarily for dwelling purposes with or without a written rental agreement. D. GENERAL BUSINESS LICENSE REGISTRATION AND DECLARATION REQUIRED: 1. Registration and Declaration of Compliance Concurrent with General Business Licensing Requirements: Any landlord of a rental dwelling unit who is required to submit a general business license registration pursuant to Chapter 5- 5 RMC shall also at the time of general business license submittal and each annual renewal: a. Provide the City with the landlord's name and contact information; b. Provide the City with the name and contact information of any person designated by the landlord as an alternate contact or as a representative of the landlord; 0 AGENDA ITEM # 7. r) ORDINANCE NO. c. If desired by landlord, provide an email or mailing address or other method of contact as approved by the Renton Police Department for participation in the landlord notification program for notice of police activity on the rental property; and d. File a Residential Rental Checklist that expressly identifies all of the landlord's rental dwelling units. 2. Conditions of Issuance and Renewal: In addition to the requirements of RMC 5-5-3, issuance to a landlord of a general business license and each renewal of such license requires: a. Compliance with the requirements of RMC 4-5-125.D.1; and b. Submission of a Certificate of Inspection if such certificate was required to be completed by RMC 4-5-125.E within the twelve (12) months preceding, as applicable, the landlord's general business license submittal or renewal. E. VIOLATIONS: 1. The following are violations of RMC 4-5-125: a. Failure to comply with a requirement of RMC 4-5-125; b. Any violation of Chapter 4-5 RMC, where such violation occurs on or pertains to property occupied by one (1) or more rental dwelling units, and RMC 4-5-125.13 does not except such rental dwelling units from RMC 4-5-125; c. Failure to obtain or renew a general business license as required by RMC 4-5-125 and RMC 5-5-3; and 7 AGENDA ITEM # 7. r) ORDINANCE NO. d. Any violation of any other City, county, state, or federal law or regulation relating to health or safety, where such violation occurs on or pertains to property occupied by one (1) or more rental dwelling units, and RMC 4-5-125.13 does not except such rental dwelling units from RMC 4-5-125. 2. Except as otherwise provided in RMC 4-5-125, the enforcement and penalty provisions of Chapter 1-3 RMC apply to violations and potential violations of RMC 4-5-125. F. CERTIFICATE OF INSPECTION: The landlord shall have a Certificate of Inspection completed under the following circumstances: 1. When a tenant requests an inspection, and the landlord appears to have failed to fulfill an obligation imposed under RCW 59.18.060 of the Landlord - Tenant Act; 125; or 2. When the City discovers or is made aware of a violation of RMC 4-5- 3. If an order to cure a violation of RMC 4-5-125 has issued. G. SALE OF PROPERTY — NEW OWNER COMPLIANCE: Where conditions exist that are in violation of RCW 59.18.060 of the Landlord - Tenant Act or RMC 4-5-125 or both, and there is a change of ownership, the new owner will be subject to penalties and enforcement. H. PENALTIES AND ENFORCEMENT: AGENDA ITEM # 7. r) ORDINANCE NO. 1. A violation of this section is subject to penalties and enforcement under Chapter 1-3 RMC. 2. False Reporting. Any person who knowingly submits or assists in the submission of a falsified Residential Rental Checklist or Certificate of Inspection is subject to penalties and enforcement under Chapter 1-3 RMC. SECTION III. Subsection 5-5-3.A of the Renton Municipal Code is amended as shown below. All other provisions in 5-5-3 remain in effect and unchanged. A. General Business License Registration Required: 1. No person shall engage in business unless such person has submitted a general business license registration and holds a valid City of Renton general business license. The general business license shall not be transferable. If a person maintains more than one place of business within the City a separate general business license registration is required for each, with the following exceptions e#: a. Temporary or portable sales which will only be required to submit one registration; and b. A separate license for landlords. as that term is defined in RMC 4- 5-125.C, is not required for each separate rental dwelling unit, as that term is defined in RMC 4-5-125.C: except that Droaerty manaeers who maintain off -site offices shall obtain a separate license for each off -site office. 2. If a person engages in no other activities in or with the City except the following, it need not register: 9 AGENDA ITEM # 7. r) ORDINANCE NO. a @GtiRg-Acting within the scope of employment as an employee of a duly licensed City business, it Reed Rot eg-i-�.; or b. Owning or acting as lessor or sublessor of real property occupied with one (1) or more rental dwelling un 125.C, and such rental dwelling units: i. Are not rented to others: as that term is defined in RMC 4-5- ii. Consist of rental on a by -room basis within a rental dwelling unit that is otherwise occupied by the property owner, except that a property meeting the definition of a short-term rental, as that term is used in RMC 4-4-055, is not exemat: or iii. Are rented only to family members of the property owner. SECTION IV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2018. Jason A. Seth, City Clerk 10 AGENDA ITEM # 7. r) ORDINANCE NO. APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2047:11/29/18:scr Denis Law, Mayor 11 AGENDA ITEM # 7. s) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF FOUR PARCELS (7227801315, 7227801290, 7227801295, 7227801300) WITHIN THE CITY OF RENTON FROM RESIDENTIAL FOURTEEN DWELLING UNITS PER ACRE (R-14) TO CENTER VILLAGE (CV) (CPA 2018-M-01). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations), of the Renton Municipal Code, as amended, and the maps and reports adopted in conjunction therewith, the property herein below described has heretofore been zoned as Residential Fourteen Dwelling Units per Acre (R-14); and WHEREAS, on behalf of the Renton Housing Authority, the property owner, the City initiated a proceeding for change of zone classification of said property; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on October 17, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; and WHEREAS, said zoning request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the City Council considered all relevant matters, and heard all parties in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO I:�]:i7eVi•Ie�.�r�]����i�L.� 1 AGENDA ITEM # 7. s) ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby rezoned to Center Village (CV) as herein below specified. The Planning Division is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to -wit: See Attachment A and attached hereto and made a part hereof as if fully set forth herein. SECTION II. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of 12018. Jason Seth, City Clerk APPROVED BY THE MAYOR this day of 12018. Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2046:11/16/18:scr Denis Law, Mayor 2 ORDINANCE NO. z g NE 13th PI _ � p . _LINE% R-8 s`O w NE 121h St $ W � IS V— E NE o ' P IM CF = Priralr kd wcv RlV3-F cv 1 ,is Nt I GI-h r'. � NE 101h PI RMp�� C � —F NE 10rh & NE 1 Om Aly NE 9rh pf 'i. R-8 cv NE 91h Aly R-8 a � z NEE gth st , 3 R-F R- 8 r'J �. AGENDA ITEM # 7. t) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2018 AMENDMENTS TO THE CITY'S 2015 COMPREHENSIVE PLAN, MAPS, AND DATA IN CONJUNCTION THEREWITH. WHEREAS, the Council has heretofore adopted and filed a Comprehensive Plan and the Council has implemented and amended the Comprehensive Plan from time to time, together with the adoption of various codes, reports and records; and WHEREAS, the Planning Commission has heretofore fully recommended to the Council, from time to time, certain amendments to the City's Comprehensive Plan; and WHEREAS, the City of Renton, pursuant to the Washington State Growth Management Act, periodically reviews its Comprehensive Plan; and WHEREAS, as set forth in the Land Use Element of the Comprehensive Plan, the City's Commercial Neighborhood zoning district (CN) is intended to implement the Residential High Density Land Use Designation (RHD), but certain CN-zoned parcels throughout the City had been designated with a Commercial Mixed Use Land Use Designation (CMU) instead of RHD; and WHEREAS, the City has held a public hearing on this matter on October 17, 2018; and WHEREAS, the Planning Commission has made certain findings and recommendations to the Council; and WHEREAS, the Council has duly determined after due consideration of the evidence before it that it is advisable and appropriate to amend and modify the City's Comprehensive Plan; and 1 AGENDA ITEM # 7. t) ORDINANCE NO. WHEREAS, such modification and elements for the Comprehensive Plan being in the best interest for the public benefit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings and recitals are found to be true and correct in all respects. SECTION II. The Comprehensive Plan Land Use Map is hereby modified, amended and adopted as reflected in Attachment A, which attachment shows the four parcels within the City's Sunset Area that are changed from the Residential High Density Land Use Designation (RHD) to the Commercial Mixed Use Land Use Designation (CMU). SECTION III. The Comprehensive Plan Land Use Map is hereby also modified, amended and adopted as reflected in Attachment B, which attachment reflects that certain parcels throughout the City have been changed from the Commercial Mixed Use Land Use Designation (CMU) to the Residential High Density Land Use Designation (RHD). SECTION IV. The Capital Facilities Element of the Comprehensive Plan is hereby modified, amended, and adopted as shown in Attachment C, to reference the Renton Regional Fire Authority's Standards of Cover document. SECTION V. The Community and Economic Development Administrator is hereby authorized and directed to make the necessary changes on said City's Comprehensive Plan and the maps in conjunction therewith to evidence the aforementioned amendments. 2 AGENDA ITEM # 7. t) ORDINANCE NO. SECTION VI. The City Clerk is authorized and directed to file this ordinance as provided by law, and a complete copy of said document likewise being on file with the office of the City Clerk of the City of Renton. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2043:11/28/18:scr day of 12018. Jason A. Seth, City Clerk day of 12018. Denis Law, Mayor 3 z 4 d V 'a NE 1 37h PI m RD RHO 777 NE 1 ORDINANCE NO. Fl limb Avr NE s t7 RHD RHO NE 106 PI I L NE 10th 9r 41 PE IUlhAly NE 9% PI NE 91h Aly = W � �• RHD t v !t" edl, I, I ZFl, m 4 -1-1[I.01l� AGENDA ITEM # 7, t) ORDINANCE NO. ' • �. z a WAD AID RA44D Popp kLo RIAD ILIA 4jM K * WAD ZEA - 3 _ k.{ ' } _ '" SQ jai 5'T .i R1�Ii ik� ]iJ u ti�of'i MD RH _ .. � RFD RH-D F li i ' Mwv"y * - �. Yi•Frt 4 14 rw ao y LAD EA L3F [Orb RD RH9 aw uo s QHD AS Im 677 2 RLD .r - rs ay GMLt RLD { R MD EHD Rrf,] Lord Use Designolior,s RHD RLD - Residential Low Density ED +� a RMD - Residential Medum Density Up.doled by OrdDome #] XXX RHD - ResfdefrkF1 H HA Density Effective as of XX,"XX/XXXX E EA - Em t Area _ Pam}'iner as 1 _ cmu - Corrmercial Mixed Use - COR - Cwm,erdal OfFKe Residential s.��c�r.ea��aia Sr }fJn 5 5 AGENDA ITEM # 7. t) CAPITAL FACILITIES ELEMENT - Investing in the City for the prosperity of the community - r DISCUSSION The City of Renton is responsible for providing facilities and services that are needed by the residents and businesses of the City for a functional, safe, and efficient environment. Capital facilities and services are City -owned or managed infrastructure, property and services such as, police and fire protection, parks, streets, water and sanitary sewer service, and storm drainage service. The Capital Facilities Element of the Comprehensive Plan consists of two portions: the 20- year Element and the 6-year Program. The Element, which is this chapter of the Plan, contains goals and policies related to capital facilities that are consistent with those of other Comprehensive Plan Elements. The Element relies heavily on the analyses owned utilities serving Renton are addressed in the Utilities Element of the Plan. im GOALS CF-A: Establish policies that enable the development and implementation of the Capital Investment Program in order to provide high - quality, well -maintained facilities and services that support the social, economic, cultural, safety, transportation, environmental, communication and other needs of the community, that Qw Capital Facilities Planning is an integral element of a comprehensive plan. Infrastructure investments support economic development and have long- term impacts on communities. � A and policies presented in other \\ Elements of the Comprehensive Plan, specifically the Utilities, Land Use, Transportation, and Parks, Recreation, Natural Areas, and Trails Elements. The Program portion is the most current Capital Investment Program, which is supplemented by the most current adopted City Budget, and functional Plans specific to individual City Departments and other service providers. For detailed information and explanations concerning existing, future and improved facilities, as well as the method of financing them, the reader must consult these documents. The Capital Facilities Element incorporates by reference the information and analyses presented in these other documents. With a six -year horizon, the Program inventories existing and proposed capital facilities, forecasts future needs for facilities, identifies deficiencies and necessary improvements of capital facilities, and provides a financing plan. The Capital Investment Program and supplemental plans are separate documents. Capital facilities belonging to privately are available at the time of development to serve new growth, and are equitably distributed. CF-B: Ensure capital facility investments are prioritized to support growth in the locations targeted in the Land Use Element and that these facilities will be in place when development occurs. CF-C: Identify service standards for capital facilities that meet community expectations for municipal services, and that are consistent for both existing and new development. CF-D: Ensure adequate long-term financial capacity exists to provide capital facilities and services needed to support expected growth, while maintaining adopted level of service standards. Im POLICIES Policy CF-1: Update the Capital Investment Program in conjunction with the City's regular budget adoption process and ensure anticipated funding is adequate to finance capital facilities that are necessary for development at predetermined levels of service, and in conformance with the Comprehensive Plan. If funding is insufficient, adjustments should be made to the levels of service, the Land Use Element, sources of revenue, or any combination thereof. For the purpose of capital facilities planning, plan for forecasted CITY OF RENTON — COMPREHENSIVE PLAN growth at the high end of the projected range and in locations determined by the Land Use Element. Policy CF-2: Ensure adequate public facilities are in place concurrent with development. Concurrent with development shall mean the existence of adequate facilities, strategies, or services when development occurs or the existence of a financial commitment to provide adequate facilities, strategies, or services within six years of when development occurs. Policy CF-3: Pursue funding from a mix of sources for new, improved, or expanded public facilities or services in order to distribute the cost of such facilities or services according to use, need, and adopted goals and policies. Policy CF-4: Levy impact fees on development that are commensurate with the cost of funding new or expanded capital facilities and services necessary for the development. Policy CF-5: Individually adopt by reference the most current Capital Facilities Plans for the Kent School District #415, the Issaquah School District #411, and the Renton School District #403, and adopt an implementing ordinance establishing a school impact fees consistent with each District's adopted Capital Facilities Plan, if the Plan demonstrates that the facilities are needed to accommodate projected growth. Policy CF-5: Adopt by reference the most current Capital Facilities Plans for Renton Regional Fire Authority and adopt an implementing ordinance establishing a fire impact fee consistent with their Capital Facilities Plan, if the Plan demonstrates that the facilities are needed to accommodate projected growth. Policy CF-6: Support private/public partnerships to plan and finance infrastructure development, public uses, structured parking, and community amenities to stimulate additional private investment and produce a more urban environment. AGENDA ITEM # 7. t) Policy CF-7: Protect public health, enhance environmental quality and promote conservation of man-made and natural resources through appropriate design and installation of public facilities. Policy CF-8: Promote conservation and demand - management programs that reduce the impact on public facilities and maximize their efficiency. Policy CF-9: Advocate projects that are energy efficient or enhance energy conservation efforts by the City and its residents. Policy CF-10: Coordinate with federal, state, regional and local jurisdictions, private industry, businesses and citizens in the planning, design and development of facilities serving and affecting the community. Policy CF-11: Consider land use compatibility, capital facility needs and financial costs when siting essential public facilities. See the Land Use Element, the Parks, Recreation, Natural Areas, and Trails Element, the Utilities Element, and the Transportation Element for policies related to the Capital Facilities Element. Fire Station 11, Credit: City of Renton PAGE 73 AGENDA ITEM # 7. t) LEVELS OF SERVICE Levels of service are objective standards of capacity or services that specify minimum metrics and provide an unbiased basis for assessing the need for new facilities or capacity. These standards are established at the local level and influenced by citizen, City Council, and Planning Commission recommendations, national and regional standards, state and federal laws, the City's population, and fiscal resources. Table CF-1: Levels of Service Domestic Water Minimum of 30 psi at the meter during normal demand conditions and a minimum of 20 psi during an emergency. 1) Development shall treat stormwater runoff and not increase pre - developed stormwater discharge rates. Surface Water 2) Development shall convey stormwater discharge without system surcharging during a 25-year storm event and result in no increased flooding during a 100-year storm event. Sanitary Sewer 20-year total population projection, as well as, Dept. of Ecology Criteria Fire and Emergency Services Avg response time to either a Fire O medical ^ 7.30 minutes, onus of the tk: ^Level of Service provision for the Renton Regional Fire Authority is adopted in their Standards of Cover document. Avg. response time to Priority I calls: <3.5 minutes Police Enforcement Avg. response time to Priority 11 calls: <8 minutes Avg. response time to Priority III calls: <12 minutes Avg. response time to Priority IV calls: <21 minutes Parks and Recreational Facilities 0.009 acres of parkland per capita Schools Renton: K-3: 24:1 (students per teacher) 4-5: 29:1 6-12: 29:1 Kent: K-3: avg. class size of 23 4-6: avg. class size of 27 7-8: avg. class size of 28 9-12: avg. class size of 30 • Issaquah: K-5: avg. class size of 20 6-8: avg. class size of 26 9-12: avg. class size of 28 Special Ed: class size of 12 Transportation 1. Motor Vehicles (SOV & HOV) 1. LOS D Airport Transit 2. LOS D Non -motorized 3. LOS D 100% compliance with FAA Municipal Buildings (e.g., City Hall, libraries) As needed Municipal Parking Facilities As needed CITY OF RENTON — COMPREHENSIVE PLAN ' SURFACE WATER Renton's surface water system consists of natural streams, rivers, wetlands, and lakes, and constructed systems that manage drainage, provide flood protection, and water quality treatment. Surface water management is important to meet social, economic, and ecological needs including flood protection, erosion control, water supply, groundwater recharge, fish and wildlife habitat, and recreation. Renton's Surface Water Utility manages stormwater and surface water in Renton's. The Utility develops policies, basin plans, development design standards, and capital improvement projects in order to maintain and restore the quality of Renton's lakes and rivers, improve drainage, and reduce flooding. The Utility is responsible for meeting federal and state stormwater requirements. A significant effort for the Utility is compliance with the National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permit. This permit requires the Utility to control discharge of pollutants to protect surface water and to develop and implement a stormwater management program. DOMESTIC WATER The City owns and operates a multi -source municipal water system, which includes supply, treatment, storage, and distribution of potable water to residential, commercial, industrial, and wholesale customers. The City's water distribution system consists of more than 1.6 million feet of pipeline and provides service to a full-time residential population of approximately 54,000, approximately 20,000 temporary and transient users, and approximately 28,000 regular non- residential users in an area of approximately 16 square miles that is largely coincident with the city limits. In addition, the City supplies water on a wholesale basis to Skyway Water and Sewer District through a single metered connection. AGENDA ITEM # 7, t) Updated every six years, the Water System Plan Update (Plan) develops a long-term planning strategy for the City's water service area by evaluating the existing system and its ability to meet the anticipated requirements for water source, quality, transmission, storage, and distribution over a twenty-year planning period. Water system improvement projects have been developed to meet the changing demands of regulatory impacts, and population growth, as well as infrastructure repair and replacement. The Plan also identifies planning level costs of the improvement projects and provides a financial plan for funding the projects. Water Tower, Credit: City of Renton CITY OF RENTON — COMPREHENSIVE PLAN SANITARY SEWER The City of Renton owns, operates, and maintains its Wastewater Utility, which has a service area that encompasses a wide variety of residential, commercial, and industrial land uses over 21 square miles. This system consists of approximately 191 miles of gravity sewer, 23 sewage lift stations and force mains, and approximately 5,107 manholes. Wastewater is discharged to King County facilities at 79 locations within the City Service Area from which it is conveyed to and treated by King County's South Treatment Reclamation Plant. The City of Renton Service Area is divided into six major wastewater collection basins: Black River, Downtown, East Cedar River, East Lake Washington, May Valley, and West Cedar River. For the most part, these major collection basins follow the natural drainage patterns of the Renton service area. Policies, design criteria, and standards used for planning and operating the sanitary sewer system are based on laws and policies that originate from several sources. All these policies and standards have the general purpose of providing an acceptable level of service to the sanitary sewer customers. Analysis and design criteria for the sanitary sewer system are based on standards presented in the Criteria for Sewage Works Design prepared by the Washington State Department of Ecology, as well as, standards set by King County Department of Natural Resources - Wastewater Treatment Division and the City of Renton. Operations and system planning are guided by the City of Renton Long -Range Wastewater Management Plan. PARKS AND RECREATIONAL FACILITIES Renton's parks, recreation and natural area system is comprised of distinctive parks and popular recreation facilities, providing for a wide range of opportunities and benefits for the community. Parks are also a key gathering point, creating space for building community and providing exposure to history, arts and culture. In addition, many parks in Renton play a critical role in preserving natural AGENDA ITEM # 7. t) areas, protecting wildlife and riparian habitat, conserving natural resources and contributing to clean water and a healthy environment for City residents. FIRE AND EMERGENCY SERVICES Renton Regional Fire Authority (RRFA) fulfills its mission through three core services: Response Operations, Community Risk Reduction, and Safety and Support Services. The RRFA currently has 161 employees, 145 are uniformed personnel. External services include community risk reduction activities that meet the needs of our community prior to an emergency, and response operations activities focused on responding to calls for service and assisting customers as they return to a normal or better condition. Internal services focus primarily on the safety and support of RRFA members, while maintaining effective partnership between the department and the City. Fire protection level of service is primarily influenced by call volume and response time. Service level is constrained by the station location, quantity of stations, number of trucks/units, number of firefighters, and road congestion. POLICE ENFORCEMENT The Renton Police Department is a full -service law enforcement agency with 148 personnel comprised of 120 sworn and 28 non -sworn. The Renton Police Department is accredited by Washington Association of Sheriffs and Police Chiefs. Accreditation is a significant accomplishment and demonstrates a commitment to excellence. Officers work very diligently to protect life and property, assist in the suppression of crime, apprehend criminals and enforce laws. Community resources, needs, and values determine the level of law enforcement services and facilities. Generally, the higher the density and intensity of land use, the greater the demand for law enforcement services to address the safety of the citizens. Capital facilities associated with police CITY OF RENTON — COMPREHENSIVE PLAN services include vehicles, office and police equipment which are provided through general funds and grants and determined on an annual basis. Projected capital facility requirements are based on officer response times to different types of "priority" level calls that are received. As the City grows, and response times increase, the need for additional officers will increase, as well as the need for additional police equipment and facilities. TRANSPORTATION The City of Renton owns and maintains 250 centerline miles of streets. Projects are developed and prioritized based on community needs, specific goals to be achieved and on general programming considerations. 1) CORRIDOR PROJECTS are oriented toward "moving people" through a balanced transportation system that involves multiple modes of transportation. Included are facilities that facilitate the movement of transit and carpools. 2) OPERATIONS AND SAFETY projects and programs are developed through ongoing analyses of the transportation system and are directed mainly toward traffic engineering concerns such as safety and congestion. Projects are identified not only by analysis of traffic counts, accident records and geometric data, but also through review and investigation of citizen complaints and requests. 3) NON -MOTORIZED PROJECTS are developed with major emphasis on addressing quality of life issues by improving and/or protecting residential livability while providing necessary transportation system improvements. 4) OTHER PROGRAMS involve planning of transportation improvements necessitated by new development and new transportation capital improvements. SCHOOLS Renton's youth attend schools within the Renton, Kent, or Issaquah School District depending on the location of the pupil's residence. The Renton School District spans 32.5 square miles and serves over AGENDA ITEM # 7. t) 13,000 students in preschool through twelfth grade. Four high schools, three middle schools, 13 elementary schools, an early childhood education center and various other special programs constitute the accredited preschool-12 system. The Kent School District is the fourth largest school district in the state with over 27,000 students enrolled in four high schools, six middle schools, 28 elementary schools, and three academies. The district boundaries encompass approximately 71 square miles. The Issaquah School District is the 15th largest district in the state of Washington with more than 18,000 students attending a combination of 15 elementary schools, five middle schools, three comprehensive high schools, and an alternative high school spread. m DOCUMENTS INCORPORATED BY REFERENCE Functional plans are major components of this Capital Facilities Element. The following functional plans are incorporated by reference and may be consulted for more detailed information regarding existing and planned facilities, service standards and facility development: Most current Adopted Budget Most current Capital Investment Program Parks, Recreation and Natural Areas Plan Renton Water System Plan Update Renton Long -Range Wastewater Management Plan Renton Stormwater Management Program • Renton Transportation Improvement Program • Renton School District's Capital Facilities Plan • Issaquah School District's Capital Facilities Plan • Kent School District's Capital Facilities Plan Renton Regional Fire Authority Capital Facilities Plan King County Comprehensive Solid Waste Management Plan CITY OF RENTON — COMPREHENSIVE PLAN