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Proposed Sensitive Areas Ordinance (01/10/2000)
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C C U) M w 0 p Y to fl O 0cco 17 C C :_. � 3 M co Z h ' . i as cp.r O N 0 O O co C C C C . -� C 0.'i- to N = C C O O U t- c - c-;y' c cr)m oL �+ � � t ca a> m .c E o E CCi i :`. c Q.. t F- .. c y to• a f Y n: 4 3ocaca a •c a) cc m .� 'C`.••"•` e U as c a v � to -oi , 0 c I-- 0 _1 v '✓✓••.,,, ; \a •~ h*tve March 27,2000 NomeRenton City Council Minutes `No' Page 106 agreement. It also notes the original four members of the center solely own the assets of the current communications center. However, all five members will jointly own and operate the new center. MOVED BY SCHLITZER, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Police: Valley Public Safety Committee Chair Schlitzer presented a report recommending Communications Center, adoption of an ordinance that approves the City of Kent's creation of a Public Creation of PDA Development Authority(PDA). The PDA's sole purpose is the issuance and payment of the debt on a$15 million communications center. The ordinance states that the City of Renton will be a full partner with the cities of Kent, Tukwila, Auburn and Federal Way in paying for the debt for a new center. The debt will be paid equally among the five cities. Any contract agencies will also pay a portion of the debt. MOVED BY SCHLITZER, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for ordinance.) ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3448 A resolution was read approving the Stafford Crest Division 2 final plat; 49 Plat: Stafford Crest,NE 36th single family lots on 10.3 acres located in the vicinity of NE 36th St. and St/Lincoln Ave NE (FP-99- Lincoln Avenue NE(FP-99-180). MOVED BY CORMAN, SECONDED BY 180) CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3449 A resolution was read authorizing the Mayor and City Clerk to enter into an Police: Valley interlocal cooperative agreement with the cities of Auburn,Federal Way,Kent Communications Center, and Tukwila regarding the formation of the Valley Communications Center Interlocal Agreement Development Authority. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3450 A resolution was read authorizing the Mayor and City Clerk to enter into an King County: Renton Transit interlocal cooperative agreement with King County for the construction, Center Funding(Construction, operation and maintenance of the Renton Transit Center. MOVED BY Operation&Maintenance) PERSSON, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 4/03/00 for second and final reading: Police: Valley An ordinance was read approving the formation of the Valley Communications Communications Center, Center Development Authority. MOVED BY CLAWSON, SECONDED BY Creation of PDA PERSSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/03/00. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#4835 An ordinance was read amending Title 4 (Development Regulations)of City Planning: Critical Areas Code relating to the Critical Areas Ordinance. MOVED BY KEOLKER- Ordinance `' WHEELER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Planning: Critical Areas Councilmember Keolker-Wheeler thanked the following people for Ordinance(Employee contributing to the development and passage of the Critical Areas Ordinance: Recognition in Development) Economic Development,Neighborhoods and Strategic Planning Administrator Susan Carlson, Senior Planner Owen Dennison, Lisa Grueter(no longer employed by the City), Senior Planner Rob Jenkins,Mike Kattermann(no March 27,2000 Noi' Renton City Council Minutes `..r Page 107 I longer employed by the City), Senior Planner Rebecca Lind, Economic Development Director Betty Nokes,Development Services Director Jana I Hanson,Jim Hanson(retired from the City),Principal Planner Jennifer Henning, Civil Engineer Bob Mahn, Senior Planner Laureen Nicolay, Senior Planner Peter Rosen,Utility Engineering Supervisor Ron Straka,Plan Review Supervisor Neil Watts, Planning/Building/Public Works Administrator Gregg Zimmerman,Parks Director Leslie Betlach,Battalion Chief Chuck Duffy, Assistant Fire Marshall Jim Gray, Councilmen Tim Schlitzer and Dan Clawson, 1 and members of the Planning Commission. NEW BUSINESS Councilmember Keolker-Wheeler noted the receipt of information from the King County: Jail Booking Suburban Cities Association on the latest booking policies of King County's Policies, Dept of Adult Department of Adult Detention. The comment period on the proposed changes Detention ends on April 20th. MOVED BY KEOLKER-WHEELER, SECONDED BY PERSSON, COUNCIL REFER THIS MATTER TO THE PUBLIC SAFETY COMMITTEE AND THE ADMINISTRATION. CARRIED. AUDIENCE COMMENT Brad Hughes, 1323 N. 28th Pl.,Renton, 98056, explained the request from Citizen Comment: Labrador Labrador Ventures for rolled curbs in the new Clover Creek development on Ventures—Rolled Curbs Lake Washington Boulevard. Mr. Hughes said rolled curbs would be better for Request pedestrians,particularly those pushing strollers or those who are visually impaired. He did not believe that conformance with the rest of the neighborhood's appearance would be a problem, since lower Kennydale did not have any sidewalks until last year, and only three streets have them now. Mayor Tanner reiterated that the Administration will look into this request. Citizen Comment: Evans— Ralph Evans, 3306 NE 11th Pl.,Renton, 98056, expressed concern that the Cedar Park Apts Sight- signage posted by Cedar Park Apartments on the corner of Monroe Ave.NE Obscuring Sign at Monroe and NE 4th St. obscures oncoming traffic from south-bound drivers attempting Ave &NE 4`h St to make a right-hand turn from Monroe onto NE 4`1'. Mayor Tanner replied that this problem will be taken care of. EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 15 MINUTES TO DISCUSS POTENTIAL LITIGATION. CARRIED. Time: 8:24 p.m. The meeting was reconvened at 8:40 p.m.;roll was called; all Councilmembers present. ADJOURNMENT MOVED BY SCHLITZER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:41 p.m. AP MARIL 1.4 JIITERSEN,CMC, City Clerk Recorder: Brenda Fritsvold March 27,2000 %MO 1411110 WI March 20, 2000 w Renton City Council Minutes 'owe Page 98 Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the Centennial Mission Statement, Goals and Executive: Centennial Operating Guidelines and official City of Renton Centennial Logo, as Celebration (Statement, submitted by the Mayor's Centennial Advisory Committee. MOVED BY Guidelines and Logo) NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3445 A resolution was read authorizing the Mayor and City Clerk to enter into Transportation: WSDOT Grant interlocal cooperative agreements with the Washington State Department of Funding for Various Projects Transportation for grant funding for the construction of the TIP#7 Downtown Transit Access, TIP#28 Arterial Rehabilitation Program, TIP#4 I-405/NE 44th Street Interchange, and TIP#10 SR-167/SW 27th Street/Strander Boulevard projects. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3446 A resolution was read approving the Monterey Heights final plat; 1.5 acres Plat: Monterey Heights,NE located in the vicinity of NE 14th St. and Monterey Ave.NE(FP-00-023). 14'1' St/Monterey Ave NE (FP- MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL ADOPT 00-023) THE RESOLUTION AS READ. CARRIED. Resolution #3447 A resolution was read approving the Talbot Ridge final plat; 4.5 acres located Plat: Talbot Ridge, S 47'1' in the vicinity of S. 47th St. and Smithers Ave. S. (FP-99-165). MOVED BY St/Smithers Ave S (FP-99- CLAWSON, SECONDED BY SCHLITZER, COUNCIL ADOPT THE 165) RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 3/27/00 for second and final reading: Planning: Critical Areas � An ordinance was read amending Title 4 (Development Regulations) of City Ordinance u j Code relating to the Critical Areas Ordinance. MOVED BY KEOLKER- WHEELER, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/27/00. CARRIED. NEW BUSINESS Councilmember Keolker-Wheeler announced that the City will hold a series of Parks: Renton Skate Park workshops next week related to the design of the Renton Skate Park. The meetings will be at the North Highlands Neighborhood Center, 3000 NE 1e St., on Monday,Tuesday and Wednesday at 6:30 to 8:30 p.m. The public is encouraged to attend. ADJOURNMENT MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:17 p.m. MARIL . ERSEN, CMC, City Clerk Recorder: Brenda Fritsvold March 20,2000 %1# March 20, 2000 `✓ Renton City Council Minutes Page 96 INSTALLATION BE RESUBMITTED ON THE CITY'S STANDARD FORM, AND 2)THAT LANDSCAPING RESTORATION OF THE EASEMENT AREA BE COMPLETED TO THE MUTUAL SATISFACTION OF BOTH PARTIES. CARRIED. (See page 98 for resolution.) OLD BUSINESS Planning &Development Committee Chair Keolker-Wheeler presented a report Planning & Development regarding the tracking of restrictive covenants. The Committee requested a Committee briefing from the Development Services Division regarding the tracking of Development Services: restrictive covenants required as a result of the land use permit process. Staff Tracking of Restrictive reported that until recently,restrictive covenants were difficult to track. The Covenants covenants are recorded against the property title, and building permits do not require that an applicant submit a current copy of a title report. At the end of 1999, staff completed a project cataloging and mapping all of the restrictive covenants required by the City. Staff is now able to check a map to identify affected properties. A corresponding database provides the recording number of the restrictive covenant,a legal description of the affected property, and a summary of the requirement of the covenants. The Planning&Development Committee recommended referring this matter to the Committee of the Whole for a briefing. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Critical Area Planning&Development Committee Chair Keolker-Wheeler presented a report Ordinance regarding the Sensitive Areas Ordinance. The Planning Commission reviewed the Sensitive Areas Ordinance on October 20,November 3 and 10, and December 8, 1999, January 5 and 19, and February 1, 2000. The Planning&Development Committee reviewed the Sensitive Areas Ordinance on November 18 and December 16, 1999,January 5 and 19, February 3 and 15, and March 2 and 16,2000. The Committee also reviewed the January 26, 2000 best available science report on the development of the proposed Sensitive Areas Ordinance. The Committee recommended approval of the October 25, 1999 Public Draft #1 of the Sensitive Areas Ordinance, as amended per the: November 24, 1999 Planning Commission Addendum#1; January 19,2000 Planning Commission Addendum#3; January 19,2000 Planning Commission Supplemental Addendum as revised by the Planning Commission at its January 19,2000 meeting; February 1, 2000 Planning Commission Addendum#2; February 3, 2000 Planning and Development Committee Addendum#1, with staff recommendations; February 3, 2000 Planning and Development Committee Addendum#2; February 3, 2000 Planning and Development Committee Addendum#3; March 2,2000 Planning and Development Committee Council Draft Addenda #1 and#2; and March 17, 2000 letter to the Depai liuent of Economic Development, Neighborhoods and Strategic Planning from David L. Halinen. Per Committee action,the Sensitive Areas Ordinance has been renamed the Critical Areas Ordinance. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 98 for ordinance.) EDNSP: Automall Overlay Planning&Development Committee Chair Keolker-Wheeler presented a report District Amendments (Areas recommending that the Council set a public hearing for April 10, 2000 to "A" and"B") consider amendments to Area"A" and Area"B" of the Automall Overlay r � ' APPPOVED BY CITY COUNCIL Date " " PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT March 20,2000 Sensitive Areas Ordinance (Referred November 15, 1999) The Planning Commission has reviewed the Sensitive Areas Ordinance on October 20,November 3 and 10,and December 8, 1999, January 5 and 19, and February 1,2000. The Planning and Development Committee has reviewed the Sensitive Areas Ordinance on November 18 and December 16, 1999,January 5 and 19,February 3 and 15, and March 2 and 16, 2000. The Planning and Development Committee has also reviewed the January 26, 2000 best available science report on the development of the Proposed Sensitive Areas Ordinance. The Planning and Development Committee recommends approval of the October 25, 1999 Public Draft#1 of the Sensitive Areas Ordinances,as amended per the: November 24, 1999 Planning Commission Addendum#1; January 19,2000 Planning Commission Addendum#3; - January 19, 2000 Planning Commission Supplemental Addendum as revised by the Planning Commission at its January 19,2000 meeting; February 1,2000 Planning Commission Addendum#2; February 3, 2000 Planning and Development Committee Addendum#1,with staff recommendations; February 3,2000 Planning and Development Committee Addendum#2; February 3,2000 Planning and Development Committee Addendum#3; March 2,2000 Planning and Development Committee Council Draft Addendum#1; March 15,2000 Planning and Development Committee Council Draft Addendum#2; and March 17,2000 Letter to the Department of Economic Development,Neighborhoods, and Strategic Planning from David L.Halinen. Per Committee Action,the Sensitive Areas Ordinance has been renamed Critical Areas Ordinance. • 6tifr.e& — 14)iNkfL.Q.e_„ Kathy Ke er-Wheeler, Chair m Schlitze Vi Chair Dan Clawson,Member cc: Sue Carlson,Administrator,EDNSP Central/SYS2/Depts/EconomicDevelopment/Stratpin/Planning/Jenkins/Sensitive Areas/032000 P&D RPT.doc %se ,40.0 Mar-17-00 03: 32P Law Offices 253 272 9876 P . 01 HALINEN LAW OFFICES, P.S. RECEIVED A Professional Service Corporation Bellevue Place/Bank of America Bldg. w1tt1( 0 Z000 10500 N.E.8th,Suite 1900 • Bellevue,Washington 98004 (425)454-8272 Fax(425) 646-3467 RENTON CITY COUNCIL DATE: March 17, 2000 TIME: 3:35 p.m. Pacific Time TO: Julia Medzegian. Renton City Council Liaison COMPANY: City of Renton FROM:: David L. Halinen FAX NUMBER: (425) 430-6523 CITY:Renton ITEMS SENT: Letter concerning Slope Regulations TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 3 Pages SPECIAL INSTRUCTIONS/COMMENTS: Please distribute copies of my attached letter to members of the Council's Planning and Development Committee. Thank you. Dave Halinen The information contained in this facsimile communication is privileged and/or confidential information intended only for the use of the individual or entity named above. If the reader of this cover page is not the intended recipient,you are hereby notified that any dissemination, distribution or copying of this communication or the information contained in this communication is strictly prohibited. If you have received this communication in error,please immediately notify us by telephone and return this facsimile to us at the above address via the U.S. Postal Service. Thank you. \\Y.icron\D\CF\2OC9\O4O,5AC Anendnei.Cs 1999\n3DZEGIAK.FX1..pd loge *orde Meir—,1 /—OO 03 :32P Law urrlees wr r.rr HALINLN LAW OFFICES, P.S. A Professional Service Corporation David L t lalinen, P.f. Bellevue Place/Bank or America Bldg. (425)454-8272 drmir/lrulincn(r?hnlinrr+lrnr.cui 10500 NE 8ib,Suite 1900 fax(425)646-3467 Bellevue,Washington 98004 March 17, 2000 VIA FAX (AT 425-430-7300) AND HAND-DELIVERY City of Renton Department of Economic Development and Neighborhood Strategic Planning 1055 S. Grady Way, Sixth Floor Renton, Washington 98055 Attn: Rebecca Lind, Principal Planner RE: Proposed Critical Areas Ordinance Requested Revisions to Draft Sections 4-4-060.K.2, 4-4-060.L.2, and 4-4-060.L.6 Dear Rebecca: As a follow-up to yesterday afternoon's Planning & Development Committee discussion of the proposed amendments to the slope regulations and the concepts I proposed yesterday for refinements to draft Sections 4-4-060.K.2, 4-4-060.L.2, and 4-4-060.L.6, I am writing to set forth the precise language that 1 propose to those draft Sections. (My proposed changes are illustrated by underline and strike-out.) Proposed Revisions Draft Section 4-4-060.K.2 K.2 Maximum Slope: The slope of cut surfaces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250.0.1 for one of the circumstances listed in RMC 4-3-050.N.2.a(2) (Geologic Hazards - Modifications), cutCut operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation of permanent slopes forty percent (40%) or greater which are 15 feet in height, i.e., protected slopes, shall not be approved. Draft Section 4-4-060.L.2 L.2 Fill location: Fill slopes shall not be constructed (a) on natural slopes steeper than two-and-a-half horizontal to one vertical (2.5: 1) that are 15 feet or greater in height (except in conjunction with a modification granted per RMC 4-9- 250.D.I for tilling against the toe of a natural rock wall—see RMC 4-3- 050.N.2.a(2)(ii)) or (b) where the fill slope toes out within twelve feet (12') horizontally of the top of existing or planned cut slopes that are 15 feet or greater in height and steeper than two-and-a-half horizontal to one vertical (2.5:1). , `fir✓ ,,�;r r4 r-417-00 03: 32P Law Offices 253 272 9876 P. 03 Draft Section 4-4-06O.L.6 L.6 Maximum Slope: The slope of fill surfaces shall be no steeper than is safe for the intended use. Except in conjunction with a modification granted per RMC 4-9-250.D.1 for one of the circumstances listed in RMC 4-3-050.N,2.a(2) (Geologic Hazards - Modifications), fillFiNI operations associated with a plat, short plat, subdivision or dedication, or other permitted land development activity which would result in the creation ofpermanent slopes forty percent(40%)or greater which are IS feet in height, i.e., protected slopes, shall not be approved. Rationale for the Proposed Revisions Without my proposed revisions to draft Sections 4-4-060.K.2 and 4-4-060.L.6, the flexibility intended for modifications under the limited special circumstances listed in RMC 4-3-050,N.2.a(2) (Geologic I lizards - Modifications) would be undermined. Under those special circumstances, existing slopes are often much steeper than 40%. Without the changes, an applicant would be unable to have a safe proposed slope approved that is flatter than an existing slope but steeper than 40%. As an example, in the Merlinos' proposed redevelopment of the Edwards Gravel Pit (aka Cedar Crest), one of the existing mined slopes is approximately 1.5:1. The Merlinos wish to reconfigure that slope to make it 2:I. Such reconfiguration would have been permissible under the language of draft Sections 4-4-060.K.2 and 4-4-060.L.6 prior to the changes set forth in Sue Carlson's March 15, 2000 memo to the Planning and Development Committee. As another example, without my proposed changes, rock slopes in the Merlinos' Black River Quarry could not be reconfigured steeper than 2.5:1. That wouldn't make any sense either. My proposed revisions to draft Section 4-4-060.L.2 make it consistent with the provisions for protected slopes and avoid it from being applicable to more minor slopes (where there is more reason for Staff to be able to review and approve or disapprove a proposal on a case by case basis). Please discuss this matter during your meeting this morning with Gregg Zimmerman. I will and phone you about it this afternoon. Thank you for your cooperation. Sincerely, ALINEN LA OFFICE , P.S. c- cc: Donald J. Merlino David L. H linen Gregg Zimmerman, P.E., Administrator, City of Renton Department of Planning/Building/Public Works Susan Carlson, Administrator, City of Renton Department of Economic Development and Neighborhood Strategic Planning Renton City Council Planning and Development Committee *ISO RECEIVED CITY OF RENTON MAR 1 6 2000 ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM RENTON CITY COUNCIL DATE: March 15, 2000 TO: Planning and Development Committee FROM: Sue Carlson, Administrator -�-i Economic Development Neighborhoods and Strategic Planning Department STAFF CONTACT: Robert Jenkins, Senior Planner, EDNSP SUBJECT: Sensitive Areas Ordinance - Council Draft#1, Addendum#2 ISSUE There are two remaining issues before the Planning and Development Committee: 1) review and approval of wording allowing modification of protected, i.e., >_ 40%, slopes created by road, railroad, and utility construction, as well as mining activities; and 2) how to deal with protected slopes created through multi-family and non-residential development activities, as well as platting. STAFF RECOMMENDATION Protected Slope Exemption: The following language is essentially the same as that shown in the March 2nd addendum with the addition of language: 1) expanding the modification exemption to deal with roads, railroads and utilities; 2) replacing and clarifying staff's intent as to what grading of mined slopes is to accomplish; and 3) adding clarifying wording about the waiver criteria, at committee direction. LEGEND: Sl e New Text (March 2nd Version) -6476156 New Text(March 13th Version) Text to be Removed (March 2'd Version) Slope Text to be Removed (March 13th Version) i %of City of Renton Planning and De .epment Committee Sensitive Areas Ordinance Council Draft#1 Addendum#2 March 15, 2000 Page 2 Section 4-3-050J: P. 56-57, Lines 1395-1433: 5. Protected Slopes: a. Prohibited Development: Development is prohibited on protected slopes. This restriction is not intended to prevent the subdivision or development of property that includes 40% or greater slopes on a portion of the site provided there is enough developable area elsewhere to accommodate building pads. b. Exceptions r ®ui4 ma tiflli : Exceptions to the prohibition may be granted for: • i. 050.N.2, Filling against the toe of a natural rock wall ; rock wall �i` f�ec s ope created through legal °: - resource re.. e arw+ag-ir e or a d► Wiz It! ._+ 9 '' se'e orb . to .lai adtrack 1l? a io, i aro eii it: a .,a' ..e lam. . . ili l/'i a l t f�i f pursuant to RMC 4-3-050N.2., Modifications. iil. Grading to the extent that it eliminates all or portions of a manmade mound or n allowsreconfigurationterracing of�e protected slopes c r ice' ' e� resource �4 -..:►4, ctivii .• • r lic a •, - a s ! . related transpo i4• - over ! :� e ' imam em i , U ip • .air till - i i i pursuant to RMC 4-3-050.N.2., Modifications. Exceptions _ ;• 1 fianf.tw] aition- s el. uctures tit o for construction, reconstruction, adds, and associated accessory str of a single family home on an existing legal lot pursuant to a variance as stated in RMC 4-9-250.B.1., where there is not enough developable area elsewhere on the site to accommodate building pads and provide practicable off-street parking. �s'.' S'�5.� y for installation of public utilities which are needed to protect slope stability, and public road widening where It the following provisions have been demonstrated: i. The utility or road improvement is consistent with the Renton Comprehensive Plan, adopted Utility Plans, and the Transportation Improvement Program where applicable. ii. Alternative locations have been determined to be economically or functionally infeasible. votio, New City of Renton Plamutg and Development Committee Sensitive Areas Ordinance Council Draft#1 Addendum#2 March 15, 2000 Page 3 iii. A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks. Where the excepted activities above are allowed, the erosion control measures in RMC 4-3-050.J.6., Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards, shall also apply. P. 73-74, Lines 2111-2153: 2. Modifications: a. Applicability: The Department Administrator may grant modifications, per RMC 4-9-250.D.1., application Time and Decision Authority, in the following circumstances: i. Aquifer Protection (Reservedi ii. Geologic Hazards - Modifications:, An applicant may request that the Department Administrator grant a modification to allow: (1) Regrading of any slope which was created throw h previous limn- Woe I re o-° cec. - activities or was created prior to adoption of a•plicable ner •• natural e's'• e:, ® re•ulations ; ® • , w • Wait = 'a i 0 i 0 'a . sada �:P .. . _ r a i a I -e Ifro ® t is alori ;-, 11 cc lei ties; (2) Filling against the toe of a natural rock wall rock wall created through legal - 0; • ' • activities.°-- 44 4: ® st i t e a r a n o-o r pri , A ti . ► iti of other and/or (3) Grading to the extent that it eliminates all or portions of a manmade mound or : allows • • - - - e of manmade •rotected sloes ' . -• • 3 i •. . . a® .. ,• } •$ . •i o a . a as on/ 0- 7-511Tiiiii,i4010117.4ifiliii. f act, i 1e '1400 City of Renton Planning and Derdpment Committee WOO Sensitive Areas Ordinance Council Draft#1 Addendum#2 March 15, 2000 Page 4 The following procedures shall apply to any of the above activities: (1) The applicant shall submit a geotechnical report describing any potential impacts of the proposed regrading and any necessary mitigation measures; (2) All submitted reports shall be independently reviewed by qualified specialists selected by the City at the applicant's expense; (3) The Department Administrator may grant, condition, or deny the request based upon the proposal's compliance with the applicable modification criteria of RMC 4-9-250.D.; and (4) Any slope which remains 40% or steeper following site development shall be subject to all applicable geologic hazard regulations for steep slopes and landslide hazards, in this section. iii. Wetlands— Modifications: An applicant may request that the Department Administrator grant a modification as follows: - Modifications may be requested for a reduction in creation/restoration or enhancement ratios for a Category 3 wetland; however, the creation/restoration ratio shall not be reduced below 1:1. - In addition to the criteria of RMC 4-9-250.D, Modification Procedures, the following criteria shall apply: The proposal will result in no-net loss of wetland or buffer area and functions. Chapter 4-11: P. 203-204, Lines 6412-6438: „ » years, shall be considered a "natural", not"manmade", slope. The portion of a hillside, in %le "too "err City of Renton Plante and Development Committee Sensitive Areas Ordinance Council Draft#1 Addendum#2 March 15, 2000 Page 5 created through quarrying actions, road and railroad cuts and fills, etc. x n • • u " u n • as n Protected Slopes Created Through Building Permit and Land Development Permit Activities: At the March 2"d Planning and Development Committee meeting, David Halinen asked staff how protected slopes created through building permits or other permitted land development activities would be regulated. Staff responded that, under current proposals, "protected" steep slopes, i.e., >_ 40%, consciously created through development activities (NOT associated with reconfiguring of mined slopes) would become regulated as protected slopes and could not be subsequently altered except through a variance or by one of the exemptions in RMC 4-3-050C.5. Staff informed the Committee that the current SAO proposals prohibit the creation of new protected slopes as a result of platting activities, under certain circumstances. The rationale behind the prohibition is that, if natural protected slopes are to be protected from development for health and safety reasons, it is logical to prevent the creation of new potentially hazardous slopes. During the review of the October 25, 1999 Public Draft of the Sensitive Areas Ordinance (SAO) last fall, staff discovered that the City was not proposing to prevent the creation of protected slopes created through land development and building activities not associated with platting. Through staff felt that this was a discrepancy that needed to be resolved, staff determined at that time that this was an issue that required considerable staff discussion and that it would be more appropriate to reconsider whether or not to continue to allow creation of protected slopes through land development and building activities when the SAO was reviewed as part of the ESA review. Staff informed the Planning Commission and Planning and Development Committee of its preference in dealing with this issue and received concurrence on the approach from both bodies, at an earlier stage in the SAO review process. The main issue is that if a party creates a new steep, 40% or greater, slope, more than 15 feet in height, (i.e., a "protected slope") is that slope any less potentially hazardous than a natural slope? The other issue is should the City be encouraging the creation of steep slopes that may be subject to slope failure in the future, regardless of how well they were originally engineered? All a developer needs to do to avoid the protected slope development prohibitions is to not create a 40% or greater slope that exceeds 15 feet in height. If a land development requires substantial cuts or fills, staff feels it is logical and reasonable to use a series of terraces or retaining walls to avoid potential slope failure. If the City wants to distinguish between the regulation of natural protected slopes and newly created protected slopes, it brings us back to the issue of having to define what is meant by a "manmade" 4.0 City of Renton Planning and Devbtepment Committee • Sensitive Areas Ordinance Council Draft#1 Addendum#2 March 15, 2000 Page 6 slope, which has consequences beyond that of creation of fresh steep slopes. Please refer to the above struck-out definitions of"manmade" and "natural" slopes and our previous discussion of that issue. With regard to what happens to existing manufactured slopes which would now fall under the "protected slope" classification and restriction, staff's view is that there is no guarantee that the regulatory environment will remain static and that a property is vested only for those activities for which it has active permits. Staff does not feel it would be appropriate to "grandfather" manufactured slopes to alleviate them from complying with protected slope regulations both from an enforcement standpoint and a health and safety standpoint. In reviewing the October 1999 draft cut and fill language dealing with platting, staff does not feel comfortable, from a health and safety perspective, in allowing creation of>_40% and >_ 15' high slopes, with homes at their tops or toes. Therefore, staff recommends that permanent "protected" slopes not be created in plats at all. In reviewing the current language, staff feels it is appropriate and logical from a health and safety perspective to prevent the creation of new, permanent "protected" slopes in any circumstance, platting or other land development activity. The following language would address these staff recommendations. The language would allow the "temporary" creation of "protected" slopes associated with project phasing or construction, so long as staff is assured that the slopes are truly temporary in nature. LEGEND: Slope Current SAO Proposed Text Sl5e New Text(March 13h Version) Slope Text to be Removed Under Current Proposal Slope Text to be Removed (March 13th Version) Section 4-4-060: P. 126-127, Lines 3957-3992: K. CUTS: 1. General: Unless otherwise recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this section. 2. Maximum Slope: The slope of cut surfaces shall be no steeper than is safe for the intended use. vertical (2:1). Cut and-fill operations associated with a plat, short plat, subdivision!or dedication : � . , ,,4 do 3 , i.`it 0 which! ,t %10 City of Renton Plan..rg and Development Committee Sensitive Areas Ordinance Council Draft#1 Addendum#2 March 15, 2000 Page 7 create ri Ape ahen sla 4 Ptv e x :R is a e or.g 16filt i' . I`C E:Ct s. 3. Drainage and Terracing: Drainage and terracing shall be provided as required by subsection N of this section. L. FILLS: 1. Applicability and Exemptions: Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this section. In the absence of an approved soil engineering report, these provisions may be waived for minor fills not intended to support structures. For minor fills or waste areas, humps, hollows or water pockets shall be graded smooth with acceptable slopes. 2. Fill Location: Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical (24 2.5:1) or where the fill slope toes out within twelve feet (12') horizontally of the top of existing or planned cut slopes. 3. Preparation of Ground: The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials as determined by the soil engineer, and where the slopes are five to one (5:1) or steeper, by benching into sound bedrock or other competent material. 4. Fill Material: Earth materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches (8"). 5. Minimum Compaction: All fills shall be compacted to a minimum of ninety five percent (95%) of maximum density as determined by American Public Works Association (APWA) specifications. Field density shall be determined in accordance with APWA standards. 6. Maximum Slope: The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical (2:1). Cut and thrill operations associated with a plat, short plat, subdivisiont OF dedication.., ii he � eicrd6a' ifirg tiui 0 which_. - a ,'�` 65 P o Vp er;w r ar eMetot re' l o we Geologic Hazard Case Studies- Supplemental Maps When staff presented the Geologic Hazard Case studies at your March 2"d meeting we did have all the slope analysis maps, due to computer difficulties. Attached to this report are topographic maps for Case Studies 2, 3, 4, 6, 7, and 8. The maps identify the "protected", >_40% slopes and the "sensitive", 25-40% slopes. What the maps do not show is the vertical rise of the slope. If the _40% %se V City of Renton Planning and Devr,.epment Committee ... Sensitive Areas Ordinance Council Draft#1 Addendum#2 March 15, 2000 Page 8 slopes rise less than 15 feet, they would be classified as "sensitive" slopes and development prohibitions would depend on the results of a geotechnical report. Though the maps have their limitations, they still provide a good idea of how the new slope regulations would be applied in specific circumstances. REJ/ Jenkins/Sensitive Area/P&D Council Draft addendum 2.doc Attachments Cc: Gregg Zimmerman, Administrator, Planning/Building/Public Works Betty Nokes, Director, EDNSP Rebecca Lind, Principal Planner, EDNSP *ftiv ......miwww.... --mwar (wow vr., iff,,•„;„/' fii; V j #111111k, 4 a ,/2,', / ,.. i lio :.f.,‘, . :i ......, .. , . - 4,:: .' 07 P• P ilig ,..,„ ir• ier /,./ • 0 ... •:• •.: :.. ••• x a) 4 4 ' . • ... killitTe•- • ... , ...„,. c) •": rtrt _ ....... ..... .,..e.4.5i c) :. c. :::. .1. ....4...,,v... , ••.44:7„•,;,... c)1 . ••A -0 IIIP 14111 Pill 0!'',.;•,';/ ;;Oggliii0" : - ("1N irti. '4.,r 2 k."• I. 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LIL ERWAI .. • :::...•.:.w-.. • III ._...1 . . 4 4 - ',.:. :,.\ ii.04: i) ..:::i.. ..t.. :. .; :. .:i .:.:.,:i....i.::::::.:::.:iiH..„0, 11awa---.,,,r- a6. ralailL_____ T L ill & MIL ____311111_ I.... . . . . 0 400 800 Slope Case Study #8 40%+ Slope 1:4800 igiiii.:iii.k:iiiii! 2.5 or 5 Meter Contour Intervals 25% - 40% Slope *ifiro '40 January 24,2000 'time Renton City Council Minutes Page 25 THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Clayton L. Scott,president of JobMaster,7810 Citizen Comment: Scott— SE 30th,Mercer Island, 98040, requesting a 30-year extension of JobMaster's JobMaster Lease at Airport lease at Renton Municipal Airport as the company wishes to construct a hangar addition on the property. MOVED BY PERSSON, SECONDED BY SCHLITZER, COUNCIL REFER THIS LETTER TO THE TRANSPORTATION(AVIATION) COMMITTEE. CARRIED. Airport: Master Plan MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE SUBJECT OF THE AIRPORT MASTER PLAN TO THE TRANSPORTATION(AVIATION)COMMITTEE. CARRIED. Citizen Comment: Malphrus— Correspondence was read from Tom Malphrus, 18713 - 102nd Ave. SE, SSensitive Areas Ordinance Renton, 98055,representing Friends of the Black River, expressing support for (Friends of the Black River) the proposed new Sensitive Areas Ordinance but urging that no changes be made to this legislation that would negatively impact wildlife habitat. He also suggested that the city adopt administrative guidelines to assist staff in making decisions related to the ordinance. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THIS LETTER TO THE PLANNING&DEVELOPMENT COMMITTEE. CARRIED. Citizen Comment: Schumsky Correspondence was read from Don Schumsky, owner of Schumsky's All City —Card Room Request for All Diner,423 Airport Way, Renton, 98055, asking that he be granted a variance City Diner for an enhanced (house-banked)card room license at this location. Councilman Parker commented that the State Gambling Commission believes it possesses sole authority over gambling uses, leaving local jurisdictions little or no control. City Attorney Lawrence J. Warren confirmed that legislation is pending in the State legislature concerning mini-casinos. He agreed that local jurisdictions are awaiting the final word on State vs. local authority over gambling uses and related zoning restrictions. Mayor Tanner noted that the All City Diner abuts both single family residences and a public school, making it an inappropriate location for gambling activities. OLD BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the following Mayor's appointments to the Committee Municipal Arts Commission: Appointment: Municipal Arts Renne Saling to fill a vacancy for a three-year term which expires on Commission 12/31/2001; and Marie Brown to fill a vacancy for a three-year term which expires on 12/31/2002. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR ON THE COMMITTEE REPORT. CARRIED. Planning & Development Planning&Development Committee Chair Keolker-Wheeler presented a report Committee recommending concurrence with the staff recommendation to authorize the Development Services: Q-1 removal of a restrictive covenant that was required as a condition of a rezone of Corp Request for Removal of a certain piece of property to L-1 (Light Industrial) in 1984. The covenant Restrictive Covenant requires: 1. A 20-foot landscaped setback along the front property line along Grady Way; 2. A 10-foot landscaped setback along the side property lines; and 3. The site plan for the subject property is to be reviewed at a public hearing. The covenant is no longer relevant to present conditions surrounding the osto *0600 . , 6 ,(Eg�P0NPoit(& K c� V GA, pe v co,u id• January 17, 2000 CITY OF RENTON Renton City Council Renton City Hall JAN 1 7 2000 1055 S Grady Way RECEIVED Renton, WA 98055 CITY CLERK'S OFFICE Subject: Sensitive Areas Ordinance We have reviewed the Sensitive Areas Ordinance, Public Draft#1. Based on our review of the ordinance and our belief that the City has made a good faith effort to balance the concerns of all parties affected by the ordinance, we support its adoption. We know that there may be land use actions allowed under the ordinance that we do not support. However, instead of trying to identify all possible actions allowed under the ordinance, we have decided to wait and see how the ordinance is applied in land use decisions. If we discover that the ordinance allows questionable land use actions, we will then approach Council with our concerns. Because the ordinance provides administrative staff with a lot of discretionary power, we believe that it is prudent for the City to adopt Administrative Guidelines to assist administrative staff in making decisions. Administrative Guidelines will help protect the City during challenges from both the environmental community and the development community. We appreciate the hard work of EDNSP Department staff in creating the ordinance. We would like to point out that the City is ahead of the County in adopting a habitat conservation section for its ordinance. We thank both Rebecca Lind and Robert Jenkins with their assistance in helping us to better understand the ordinance and the process through which it is adopted. During the remainder of the adoption process, we encourage Council to make no changes to the ordinance that will negatively impact wildlife habitat. Sincerely, ‘2dm Tom Malphrus Friends of the Black River 18713 102nd Ave SE Renton, WA 98055 425-277-8219 cc: Mayor Jesse Tanner 41111100 *4100 % CITE' OF RENTON ... City Clerk Jesse Tanner,Mayor Marilyn J. Petersen January 25, 2000 Tom Malphrus Friends of the Black River 18713 102nd Avenue SE Renton, WA 98055 Re: Sensitive Areas Ordinance Dear Tom: Your letter regarding the Sensitive Areas Ordinance was entered into the record at the Renton City Council meeting of January 24, 2000, and referred to the Council's Planning and Development Committee for review. The Council secretary will notify you of the time and date of the committee meeting when this item is scheduled. If I can provide additional information or assistance, please give me a call. Sincerely, Marilyn t rsen City Clerk/ able Manager cc: Mayor Jesse Tanner Council President Randy Corman Rebecca Lind, Planning Division 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 /FAX(425)430-6516 ®This paper contains 50°0 recycled material,20%post consumer 'ttivw .‘w . January 10,2000 Sue Renton City Council Minutes ../ Page 5 Clerk along with additional information, if desired, according to Council policy. (See page 10 for more discussion of the procedure to be followed in filling this vacancy.) Council President Pro tem Schlitzer presented a gift from the entire Council to Mr. Edwards in appreciation of his dedicated service to the City of Renton over the past ten years. (Mr. Edwards then left the meeting and did not participate in any further business.) PUBLIC HEARING This being the date set and proper notices having been posted and published in Planning: Sensitive Areas accordance with local and State laws,Mayor Tanner opened the public hearing Ordinance to consider the proposed changes to the Sensitive Areas Ordinance. Rob Jenkins, Senior Planner, stated for the record that as part of their review of the proposed Sensitive Areas Ordinance, staff,the Planning Commission and the Planning and Development Committee are addressing how"best available science"was addressed in ordinance preparation. The various methods used by the City are documented in a memorandum dated 12/22/99 to Rebecca Lind, Prinicipal Planner for the City,from Lisa Grueter, senior planner with the consulting firm of Bucher,Willis and Ratliff. This memorandum,which is currently under review by the Planning Commission and the Planning & Development Committee, is entered into the record by reference. Mr. Jenkins added that how the topic of best available science is balanced with other policies of the Comprehensive Plan will be discussed and documented with the Planning Commission and the Planning&Development Committee following this public hearing, and entered as a matter of public record at that time. Continuing,Mr.Jenkins said the proposed changes are: reorganize and amend existing sensitive areas regulations relating to flood hazards, geologic hazards and wetlands; establish new regulation of critical habitat areas; and establish reserved sections from aquifer protection and shorelines, streams and lakes. The changes are being proposed because an overlap currently exists between the City's wetlands regulations,tree-cutting and land-clearing regulations, and greenbelt regulations. The proposed changes affect various sections of the ordinance, including the general penalty chapter, the administration and enforcement chapter,the development guidelines ®ulations section, the grading,mining and excavation section. The flood hazard, greenbelt and wetland regulations sections have been deleted and their concepts and language folded into other parts of the Code. Mr. Jenkins explained that the proposed changes have many objectives. These are to: 1. Retain regulations which are consistent with the Comprehensive Plan; 2. Ensure that Comprehensive Plan policies are being implemented; 3. Keep current with environmental case law; 4. Organize existing and future environmental regulations into one section; 5. Reassess regulations to create a balance between resource protection, enforcement, and fairness to property owners; and 6. Create a framework in which the requirements of the Endangered Species Act can be addressed. Mr. Jenkins noted that regulations pertaining to the Endangered Species Act will be added to the"Shorelines, Streams and Lakes" section of the Sensitive Areas Ordinance once the federal government has established protective rules for the Chinook salmon and the Bull trout,both of which have been declared r. Nape January 10,2000 Renton City Council Minutes `"0, Page 6 endangered. Continuing,Mr. Jenkins said the Sensitive Areas Ordinance delineates the following six sensitive areas: flood hazards,geologic hazards,habitat conservation,wetlands, aquifer recharge and shorelines/streams/lakes. The language addresses exempt and prohibited activities in the various areas, and includes both new and modified language describing how sensitive areas and their buffers are to be protected. For example, with respect to habitat conservation,the new section requires certain things before new development can proceed, as follows: assessments of critical plant or wildlife habitats; establishments of native growth protection areas; and mitigation for any disturbance to existing habitat. One significant change in the Grading, Excavation and Mining regulations would prohibit the creation,through cut and fill procedures,of subdivision lots with 40%or greater slopes. Also,new language in the Tree Cutting and Land Clearing section would require approved land development permits prior to tree cutting or land clearing related to new development. This section would additionally establish new criteria for when thinning of timber stands is allowed. Mr. Jenkins concluded that the Planning Commission is scheduled to complete its review of this subject on January 19th. This matter will remain in Council's Planning&Development Committee pending a report from the Planning Commission and a recommendation to the full Council. Audience comment was invited. David Halinen, 10500 NE 8th St., Bellevue, 98004, submitted copies of a letter he wrote in December to the Planning Commission on this subject. The letter requested that the proposed new method of measuring steep slopes not be adopted, and that the current slope definition instead be retained with minor modifications. Mr. Halinen said because natural slopes are never uniform, the proposed new definition is not suited for analysis of the kinds of slopes which must routinely be addressed. He pointed out that the proposed definition refers to"distinct topographic breaks"relating to benches or plateaus of unspecified parameters,but such vague terms should be avoided wherever possible. Mr. Halinen then requested specific changes to the section titled"Slopes 40% (Forty Percent) or Greater"to add two new exceptions to this prohibition,as follows: a) filling against the base of a 40%or greater slope pursuant to previous grading or mining activities; and b) grading to the extent that it eliminates all or portion(s) of a 40%or greater slope. Mr. Halinen claimed that these activities would actually lessen or even eliminate the risk of slope failures. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON,COUNCIL REFER MR. HALINEN'S LETTER ON THIS SUBJECT TO THE PLANNING& DEVELOPMENT COMMITTEE AND PLANNING STAFF, WITH COPIES TO THE PLANNING COMMISSION. CARRIED. Larry Brosman, 3625 NE 9th St., Renton, 98056, chair of the Planning Commission, said that the Commission has not yet received Mr. Halinen's letter on the 40% slope issue but will consider it at their January 19th meeting. There being no further audience comment, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. "k more .(VY 0 .‘„t • NT 0� City of Renton PUBLIC INFORMATION HANDOUT January 10, 2000 SENSITIVE AREAS ORDINANCE PUBLIC HEARING BACKGROUND INFORMATION For additional information, please contact: Robert Jenkins at 430-6578 OR rjenkins@ci.renton.wa.us. The proposal reorganizes and amends existing sensitive areas regulations (flood hazards, geologic hazards and wetlands), establishes new regulation of critical habitat areas, and establishes reserved sections from aquifer protection and shorelines, streams and lakes. Chapter 1-3 is revised by relocating, expanding and/or creating penalty and violation language for: Geologic Hazards,Habitat Conservation,Wetlands, and Flood Hazard Areas. Chapter 4-1 is revised by adding language authorizing the Planning/Building/Public Works Administrator to review and act on RMC 4-3-050, Sensitive Areas Regulation(SAR),modifications, allowances and determinations, adding language authorizes the Hearing Examiner to review act on variances from the SAR and relocating and modifying liability disclaimer language from other parts of the RMC. Section 4-3-050 is amended as follows: The section is renamed"Sensitive Areas Regulation", from the existing"Environmentally Sensitive Areas"; The existing language found in Section 4-3-050 is relocated to Section 4-9-070, Environmental Review Procedures; The"new" Section 4-3-050 includes Flood Hazard, Geologic Hazard, Habitat Conservation, and Wetlands language and reserved Aquifer and Shorelines/Streams/Lakes sections; New and relocated and modified language describes how sensitive areas buffers are protected through native growth protection areas; A subsection is reserved for the future insertion of Aquifer Protection regulations currently found elsewhere in the RMC; Much of the existing Flood Hazard Regulation language, Section 4-3-060, are relocated and modified here. New criteria for encroachment into floodways and new standards for compensatory storage are added; The geologic hazards concepts found in the existing Greenbelt Regulations, Section 4-3-070, are relocated,replaced and expanded upon in this section. New language dealing with steep slopes, and landslide, erosion, seismic and coal mine hazards are added; - A new subsection dealing with, assessment, conservation and mitigation of critical plant and animal habitat is added to the section; A subsection is reserved for the future insertion of expanded shorelines, streams and lakes regulations(shorelines, streams and lakes continue to be regulated via Section 4-3-090,4-4-130 and the SEPA process); Much of the existing Wetland Regulation language, Section 4-3-110, is relocated and modified here. New concepts addressed in the subsection deal with defining non-regulated Category 3 wetlands, criteria for wetland creation,replacement,mitigation and enhancement; Applicability and other procedures sections are proposed; and A new mapping section is added. Sections 4-3-060,4-3-070,and 4-3-110 are deleted and their concepts and language relocated to Section 4-3-050 and other parts of the RMC. Section 4-4-030,Development Guidelines and Regulations, is revised to strike references to regulations being deleted and insert references to regulations being added. Section 4-4-060,Grading, Excavation and Mining Regulations, is revised to add language prohibiting creation of subdivision lots with 40% or greater slopes,though cut and fill procedures. Section 4-4-130,Tree Cutting and Land Clearing, is revised as follows: Addition of purpose statements; - Addition of language exempting agricultural activities,public road expansion, site investigation work, allowable tree cutting, and mining and quarrying; - Modification of prohibition language dealing with tree cutting in a variety of sensitive areas and their buffers; Modification of the requirement for land development permits prior to tree cutting or land clearing; Establishment of new criteria for thinning timber stands; Establishment of new criteria for cutting trees for solar access and pasture creation; - Modification of submittal requirements for land development plans; Modification of criteria that tree cutting and land clearing activities must comply with; and Establishment of tree and ground cover retention requirements and priorities. Section 4-7-130, Environmental Consideration—General Requirements and Minimum Standards, is revised to allow native growth protection area easements to be included in minimum lot size calculations. Section 4-8-120, Submittal Requirements—Specific to Application Type, is revised based on the "new" Section 4-3-050 in terms of tables, definitions and geotechnical report requirements. Section 4-9-070, Environmental Review Procedures,is revised to include the "old"language from Section 4-3-050. Section 4-4-130,Variances,Waivers,Modifications and Alternates, is revised to provide new and modified variance criteria for flood hazards,wetlands and other sensitive areas. Section 4-10-010, Completion and Restoration of Existing Nonconforming Uses, Structures and Lots, is revised to include relocated and modified language providing criteria for nonconforming activities and structures in sensitive areas. Chapter 4-11,Definitions,is revised to add new and relocated definitions dealing with sensitive areas concepts. Administrative guidelines are proposed to clarify which division of Planning/Building/Public Works is responsible for administering what part of the flood hazard regulations. Central/SYS2/Depts/EconomicDevelopmentlStratpin/Planning/Jenkins/Sensitive Areas/SAO Public Hearing.DOC s Nemo Nue ' Sensitive Areas Ordinance • $ID An Overview January 10,2000 'Rob Jenkins Senior Planner 4, 'i - , <►Economic Development Neighborhoods and Strategic Planning Components of the Reasons for the Sensitive Areas, Sensitive Areas Ordinance Ordinance Work I'rogramm Qrdin` "� L ?.,Changes to ;'1','''iAn Overlap Exists Between •General Penalty C hapter •'.Wetlands Regulations Administration and Enforcement Chapter •Tree Cutting and Land Clearing Regulations Sensitive Are as"Regulation Section • .Development Guidelines&"Regulations Greenbelt ReguIattons °. {_- ;„ Section •Gradi•ng,Excavation and Mini•ng Section Components of the Components of the Sensitive Areas Ordinance Sensitive Areas Ordinance r•Changes to: Changes to: •Tree Cutting and Land Clearing Section .;Variances,Waivers,Modifications and •Environmental Consideration General • Alternates Section'_ Requirements and Standards Section ' . Completion&Restoration of Existing •Submittal Requirements Section Nonconforming UseslStructures/Lots Section •Environmental Review Proeetlures Section •"Definitions Chapter •Administrative Guidelines for FloodHazard Regulations � , - 1 *1— 4 . . . 4400 , SIIIll ,,,---t.,•,°°'.?- =•'-1,--°-,.-,--.-'1.' ,34)4iti,"="°:,:•• . ,.-2i.-4.,; 7- .=,. ° ''' ' •-'°-'' - of the T'-'-.--":-, -,..-/-:: ' fi'of the- -.',:;,':'7',-',".;'s,..:' -,,-.f,- . . - OhjecttYc ... ' , ., S tivdAeas'Or.,'dinande'''''-',,' ' ' '''-'1''Sensittv 6 Areas Ordinance.,„--..,,-...,.,.,.T.ii: been eleted :',.- , 'consistent 2',0111ef011.owinisectiOrishave -;i!-=--",,;;+,and their concepts and language£0,14e‘,1, into. -, ',,- ' ' ' which are , _,,,an ..- :,,,,-,-,',,,!..,,:. ‘.... -„ - ' -''''''-',' '''. --- liensiveTlan ''1 ill' parts'cif the'Cod,Ps ' ',, the Compre l.'-."' s',•,..: . , in§4".ip ihai .Comprehensived , , .,I',kar17977, r-- •-are being imPleln -.. law :ii'ood ii;0,14ri11!;uit*r!::,i,,,'-,--,-, ,,,`„,,:::,--,,,,, -,- ,' 7 , ,<,"1"1,4),',-,-,, -. - •-'''' , ` t'ase lti Iiiiorti'1,,.7:-;.;,';'•:!,...: '',, '' '. -'ni with environmental eep •Wetlana Regulations ":. , ---• -:.:,...... ,, ,, ---, ,•-,-,-,,,:;,.'''.,-g.'-:,„':,;':Objectives of t/1C , -'-'7 ' - - *'IObjectives of the - 4 :..'.',,,-'-..,F'i..,-, et,-4i'i,,iv-,.:--e-A',.','if, r't-,'' a-'-,''„'L,,s':T-',',D-./',.-. T'1--41.-_::,,'‘1.-,-:','--'-a.-,,',•,'n;.-',-"'cP '- S-..' S-'---' {-'i-i'. i:e2'..'', ',,.—.-.!' r,.,,-..,e.:-•, '.:,„05...!,,.-.1'.;,,,,,:,,dt,' a,! Orga' z existingn ,wiur6envirbfimental regulations itito one new section Reassess-regulations to create balance„'AqUifer Reelargeg? ,e!' I 'between Flood Hazards •Resource .,- ., .', ds --- 2. :-..,:#Z::',...:. -fl :'' `„...- 1,GeolOgi.,„P !..,"!...-: -:- ';''''-.4-- •Enforcement • Shorelines, Streams an„,.t Lak!;(1.i.,,.,eserved), .:: •Famess to pr oP rtY owners , VVetlaits' Create framework` to a-.d d e.-s,z s7'E n!,,,da-,„,,.,.,g.,A-,....,-e,.,-re,,,,L,,-,u •Habitat Conservation[New Co c7t] Act(ESA)requirements , . Impact of the (ESA) I, ' Endangered Act ..., Impact of the e ESA s::,. ..' 6 nMarch'1 6, 1999,the National. Marine , Fisheries Service(NMFS)listed the,e Puget , Sound Chinooksalrnahas,,,`Odangered:: , ii.':.'e n The fi r'Federalc e m en t°„f1 governmentthe fi n salmonal 4, dh)aRsi°t trout tOP:for rn listingsed!each under the ESA On Novernber.i,, 1999,the-fiah'and ce(FWlisted ''' :-',0:::speciesu'The regulationsint4i(sds)u;suolrites"will establish pr,,,,'ctiterc t i,y e, Wildlife Service S) the Bull trout, 'f Chinook salmon ani-dthe "endangered"under the ESA '.,,-, ,., . , , . 2 4 t Impact of the ESA '' Impact of the ESA £ P: z.The�NMESand FW'S have not yet issued `+4(d)Rules"are ways for a;local final"4(d)Rules"for either;,the Chinook , government(such as Renton)to be sure that salmon ar Bull trout tts own activates end the activities`it allowsA final"4,(d)Rule"for Puget Sound 'by regulation are permitted`under the Eridan erect S ecies Act Chinook Salmon wtll be tssued to spnng g P 2000 e ►'It is unclear when a final"4(d)Rule':'for " Bull trout will be issued but not likely until,::' spring or summer 2000 Impact of the ESA Relationship of SAO to the Endangered Species Act wKtng,Pterce and Snohomish Counties have ''The Sensitive Areas_Ordmance(S�AO) ,formed a group to developv regulations to be, provides a firm foundation for future ESA ttsed by all local governments in the region, requirements y including Renton Relationship;of SAO to the Sensitive Areas Regulation Endangered Species Act rTheSensitive Areas Regulation Section The Shorelines,Streams and Lakes " Addresses: _- component of the SAO will be reserved 'Flood Hazards ` 2wRegulations will be added once the to .Geologic Hazard county group has developed regulations to .''Habitat Conservation •deal with salmon and trout�habitat Wetlands ' a AquiferRecharget[reserved] Shorelines/Streams/Lakes[reserved] 3 cc • r Sensitive Areas Regulatlon y Sensltive Areas Reygulation *: Major Elements Major Elements Purpose Statements . • •Includes language or reserved locations for the -:,,'NY!'",'" i d w six sensitive areas :►Applicabilitxet>tpt,Pro`hibtted and x � 3loneonfortritnk Acttvtt>es Ap ltcabtlity Sensiti•ve Areas � e DestgnationsfMapping >' '' dudes nevv and triodtfied language dealing with exenipt�and prohibited activitiesn the •includes language or reservei locations for the v`anous sensitive areas s six sensitive areas ' Sensitive Areas Regulation Sensitive Areas Regulation3 * Major Elements Major Elements , a•Flood Hazards - t $ N▪ ative Grp Growth Protection areas ,i' .Relocates:aadni difies portions ofthe existing „,,, •New and modified language„ ,,,,,:bing how _ Flood Hazard I egulattons sensitive areas and their buffers are protected, �- r'• Includes , , and how property owners area ntotified about New critena for encroachment Into Hood ays limits on ttse of these areas New standards for compensatory storage � o Sensitive Areas'Regulation? Sensitive Areas Regulation Major Elements ; Major Elements •Geologic•Hazards:` Habitat Conservation • •This section addresses and replaces many of the .This new section requires,prior to new concepts found in'the existing Greenbelt - �Regulations w7thnew concepts ,development activities al plant or wiIdhfe habitats Steep Slopes(25-40°.o and 40%)[New) Assessments ofcritig . Establiehment5 of native growth pmtectaon areas Landslide Hazards[New] ' •:�1Yugation for any disturbance to emsnng habitat _ Erosion�'Hazards(New] Seismic Hazards[New] 4 r Coat Mine FIazards[New] • 4 Sensitive Areas legulation , ,> Sensitive Areas Regulation Major£Elements <` Major—Elements � 'Shorelines,Streams and Lakes Wetlands . This sectionis reserved. .This section relocates and intidifies much of . Rea lations will be"added once the to county group has__ ; a existing Wetland Regulations developed regulations to dent with salmon and trout habitat + Tt w concepts include Until,then,shorelines,stream and takes will ctmtinue to` Defining non regulated Category 3 wetlands be protected through the ShorelinelVlaster Program •„New criteria dealing with wetland creation regulations;the Tree Cutting and';and Clearing replacement and mitigation regulations,+and the State Enwzronmerital lsohcy Act New standards and'criteria dealing wrath wetland '` (SEPA)process enhancement �. Sensitive Areas Regulation Grading, Excavation and Ming Mayor• Elements Regulations a Maps b .Provides new maps and mapping enteric for =` Coal Mine Hazards' Erosion'Hazards a Revises language to prohibit creation of Landslide Hazards subdivlstori lots with�Q°lo or greater slopes, ▪SetsnncHazards through cut and fill procedures •Wetlands- • Steep Slopes[Reserved] .Shorelines;Streams and Lake�[Reserved] �,AquiferRecharge[Reserved] Tree •Cutting-and Land Clearing Tree Cutting and Land Clearing Regulations Regulations a Requires appro�rove land development is Modifies exemption language to allow for permits prior to tree cutting or land clearing agricultural`actlyrties,public road s related to new development.. expansion,site m• �estigation work,mining" =•Establishes new criteria for when thinning anti quarrying and ad�ustme�its to mnortree cutting activities of timber stands on u ood lots is allowed 5 g • ann TreeYCuttin `attd .a,•, Cleating .,, Tree Cutting and Land Cle a g Regulations r Regulations" :a ?Establishes new critenafor cutting trees for s solar access or pasture creation purposes pProvides additional criteria for all tree kModifies submittal requirements to require- cutting and tand clearing activities 'w ,more;specific plans be submitted for land '' Establishes tree and ground'cover retention development plans where tree remor al is . requirements and priorities - -, proposed ,gym .,.� � �: h^ m Y �'a Environmental Consideration What's Next9 `` r General Requirements and The Planning Commission has been:, A Mrmmum Standards reviewing the SAQ,smce November'3rd and y will complete its review on�anuary9th ii0A[tows native growth protection'area ` size calculations o minimum lot +`I`he Planning and Development Committee easements to be included in f new lots,provided there has been reviewing-the SAO since is iadequate,buildable area and yard space ' December.16th and will complete its review elsewhere on the lot in early February What's Next? , Adoption is anticipated by.the City Council 1 R , ,, , .,.. .„,-;„:;.;.,.,,.,•,,,,..;. ;s for mid-February,2000 :� ``' . Y ' _, 01. mom} 4\ 6 HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L.Halinen,P.E. Bellevue Place/Seafirst Building (425)454-8272 10500 NE 8th,Suite 1900 Fax(425)646-3467 Bellevue,Washington 98004 January 10, 2000 HAND-DELIVERED Renton City Council 1055 S. Grady Way Renton, Washington 98055 Re: Public Hearing Concerning the Proposed Sensitive Areas Ordinance PUBLIC HEARING TESTIMONY Dear Council Members: For reasons that I will explain during tonight's public hearing, I request that you amend the portions of the October 26, 1999 Proposed Sensitive Areas Ordinance that would be codified under RMC 4-3-050.J.5(Slopes Forty Percent(40%)or Greater)and under RMC 4-3-050.N.2.a(a portion of"Alternates,Modifications and Variances"). My proposed new text is illustrated below by shading and text that I request be deleted is illustrated below by strike-through. (See also the accompanying sketch page, which helps illustrate my main proposed changes.) Proposed RMC 4-3-050.J.5 With My Requested Changes 5. Slopes Forty Percent (40%) or Greater: a. Development Prohibited On Steep Slopes Forty Percent (40%) or Greater: Development is prohibited on slopes greater than forty percent (40%). This restriction is not intended to prevent the subdivision or development of property that includes 40% or greater slopes on a portion of the site, provided there is enough developable area elsewhere to accommodate building pads. Exceptions to the prohibition may be granted for: i. Manmade slopes pursuant to a modification as stated in RMC 4-3- 050.N.2H ii. Construction, reconstruction, additions, and associated accessory structures of a single family home on an existing legal lot pursuant to a variance as stated in RMC 4-9-250.B.1. This allowance for a variance request applies to lots which predominantly have 40% or greater slopes (i.e. virtually no area with less steep slopes where a dwelling unit and accessory structures could be placed). iii. Installation of public utilities which are needed to protect slope stability, and public road widening where the following provisions have been demonstrated: Renton City Council January 10, 2000 Page 2 • The utility or road improvement is consistent with the Renton Comprehensive Plan, adopted Utility Plans, and the Transportation Improvement Program where applicable. • Alternative locations have been determined to be economically or functionally infeasible. • A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks. Filling against t ie ba 'a a l ar greater slop p rs}ant to .............................:.:.:.............:.......................................................:.:.:: .............................................................................................................. modifcation_as stated in R tC 4 µ3-050.N.2. isiii : i: .' i v; Grading to the extent that it eliminates all or portions)of a 4Qlo or greater slppepursuant to a modification as`stated<i RMC- 050N2 Where the excepted activities above are allowed, the erosion control measures in RMC 4-3-050.J.6. shall also apply. b. Native Growth Protection Areas - Steep Slopes Forty Percent (40%) or Greater: Unless development is allowed pursuant to RMC 4-3-050.J.5 a.i., a.ii., or a.iii, those slopes greater than forty percent (40%) shall be placed in a Native Growth Protection Area pursuant to RMC 4-3-050.G, or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. City. c. Conditions of Approval: Based upon the results of the geotechnical report and independent review, conditions of approval for developments on sites which include steep slopes may include, but are not limited to vegetation enhancement, slope stabilization, buffer zones, or other requirements. Proposed RMC 4-3-050.N.2.a With My Requested Changes N. ALTERNATES, MODIFICATIONS AND VARIANCES: * * 2. Modifications: a. Applicability: The Department Administrator may grant modifications, per RMC 4-9-250.D.1., in the following circumstances: i. Aquifer Protection [Reserved] ii. Geologic Hazards - Modifications: An applicant may.request that the Department Administrator grant a modification to allow kregrading of 4410, is/ Renton City Council January 10, 2000 Page 3 any slope which was created through previous legal grading or mining .................................................................................................................................................... activities; , fillingsl the:b + f� Srtt sft'(c) . : i ::::::::: ::::::��::'::': gran o the ex ent.Ylat it etruate ;all r orticn s :rof a 40/ or ea slasq. The following procedures shall apply: — The applicant shall submit a geotechnical report describing any potential impacts of the proposed regrading and any necessary mitigation measures. - All submitted reports shall be independently reviewed by qualified specialists selected by the City at the applicant's expense. - The Department Administrator may grant, condition, or deny the request based upon the proposal's compliance with the applicable modification criteria of RMC 4-9-250.D. — Any slope which remains 40% or steeper following site development shall be subject to all applicable geologic hazard regulations for steep slopes and landslide hazards, in this section. Sincerely, HALINEN LAW OFFICES, P.S. r y David L. Halinen . „ . iraiw • - 'b.4.4 1 hol :.00 a ,...... g et S8 0 HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. Halinen,P.E. Bellevue Place/Seafirst Building (425)454-8272 10500 NE 8th,Suite 1900 Fax(425)646-3467 Bellevue,Washington 98004 December 8, 1999 HAND-DELIVERED City of Renton Planning Commission Renton City Hall 1055 S. Grady Way Renton, Washington 98055 Re: Request that the Proposed New"Method of Steep Slope Measurement" in Public Draft #1 (October 25, 1999) of the City of Renton Sensitive Areas Ordinance Not Be Adopted and that the Current Slope Definition Set Forth in the Greenbelt Regulations Be Retained Instead (With Minor Modifications) Dear Commission Members: I am a land use attorney and professional engineer (civil branch) who routinely represents property owners and land developers concerning properties lying within the City of Renton. I am writing to urge the Commission to recommend to the City Council that the proposed new"Method of Steep Slope Measurement" set forth in Public Draft#1 (October 25, 1999) of the City of Renton Sensitive Areas Ordinance not be adopted and that the current slope definition set forth in the City's Greenbelt Regulations be retained instead (with minor modifications). Let me explain why. The Current Slope Definition The current slope definition, which is found in RMC 4-3-070C.3, reads as follows: 3. Steep Slope Areas: These regulations apply to land form features of a site between significant and identifiable changes in slope. a. Definitions: i. Slope shall be defined as the average slope of the lot or portion thereof in percent between significant changes in slope,determined by observation on simple slopes, or more precisely by the formula: S = 100IL A ii. Where"I" is the contour interval in feet but not greater than ten feet (10');"L" is the combined length of the contour lines in scale feet; and"A"is the net area between significant changes in slope of the lot in square feet. iii. A significant change in slope shall be defined as a bench or plateau at least fifteen feet (15') in width. t ' ' City of Renton Planning Commission December 8, 1999 Page 2 Along with this definition is a graphic exhibit that helps illustrate how the definition is to be applied. (I have attached a copy of that exhibit to this letter as Exhibit A.) The existing formula in 3.a.i is very sensible because it is deals with irregularly-shaped slopes,the kind of slopes that are almost always encountered in the real world. It does so by dealing with slopes in three dimensions. The Proposed New Slope Definition In contrast to the existing slope definition,the proposed new slope definition by its terms only deals with slopes along a two-dimensional slope gradient line. Note the proposed definition as set forth on page 31 of the draft SAO: i. Method of Steep Slope Measurement: A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least fifteen feet (15) of vertical relief The top and toe of slopes are determined by distinct topographic breaks in slope such as benches or plateaus. Where no distinct breaks exist,top and toe are determined by where the ground surface drops or inclines fifteen feet (15') or more within a horizontal distance of sixty feet (60') or less. (Emphasis added.) The unstated predicate of the first sentence (which I have italicized) is that the slope being analyzed has a uniform third dimension. However, natural slopes are never uniform. Accordingly, the proposed new definition is not suited for analysis of the types of slopes that are regularly dealt with. Adoption of the new definition would be a step backward in terms of an analysis tool. Further, the proposed new slope definition uses the inherently vague term "distinct topographic breaks", referencing that term in regard to "benches" or "plateaus" of unspecified parameters. Such vague terms should be avoided. Requested Modification to The Current Slope Definition Two minor amendments to the existing slope definition are in order. The first is a need to exempt relatively minor slopes from the scope of steep slope regulation. I suggest the approach to this issue taken in the Staff-proposed new slope definition: namely, that "at least fifteen feet (15') of vertical relief' be involved before the definition even comes into play. Secondly,the current slope definition can be enhanced by specifying parameters for the words "bench"and "plateau" as they are used to define the phrase"significant change in slope" set forth in 3.a.iii of the existing slope definition. Currently, nothing in the code text states how flat a stretch of land must be before it is to be considered a "bench" and "plateau". However, the diagram in the Greenbelt regulations indicates relatively flat areas on either side of a"steep slope area". (See the copy of the diagram that I have attached hereto as Exhibit A.) The profile portion of the diagram sets forth to scale the vertical and horizontal elevations of the line being analyzed,which makes it possible to determine the actual slopes of the relatively flat areas on either side of the"steep slope area"that is depicted there. Exhibit B, attached, is my mark-up of the profile portion of the diagram,a mark-up y City of Renton Planning Commission December 8, 1999 Page 3 which demonstrates that(a)the relatively flat area at the toe of the"steep slope area"(i.e.,the bench) is 6% and (b) the relatively flat area at the top of the"steep slope area" (i.e., the plateau) is 4.4%. The steeper of those two slopes(i.e., 6%)is a reasonable slope to use to define how flat an area must be to fairly be considered to be a bench or plateau for purposes of the slope definition. Accordingly, I request that the text of the existing steep slope definition be revised to read as follows: 3. Steep Slope Areas: These regulations only apply to land form features of a site between significant and identifiable changes in slope involving at least fifteen feet (15') of vertical relief. �G s aP¢4111'14 "`bt a. Definitions: i. Slope shall be defined as the average slo a of the lot or portion thereof in percent between significant changes in slop determined by observation on simple slopes, or more precisely by the formula: S = 100IL A ii. Where"I" is the contour interval in feet but not greater than ten feet (10');"L"is the combined length of the contour lines in scale feet; and"A" is the net area between significant changes in slope of the lot in square feet. iii. A significant change in slope shall be defined as a bench or plateau at least fifteen feet(15') in width that has an average slope not greater than 6%. I look forward to answering any questions you may have. Sincerely, HALINEN LAW OFFICES, P.S. David L. Ha inen Attachments: Exhibits A and B cc: Rob Jenkins, City of Renton %1111 410 IP • 4-3-070F EXHIBIT A 6' 0' 6' 30' � . •- , jµ ! 4a re L, i t.n�'t 16.fL . � S , ' t ...rla..ra.,..r yiii;t54 *s fii J1' h . " 4,:9 y �y 4,.4x' :,:;: ., `t 4. /..A✓.eur aA.m r stoma�--+' '+� ya .* s !. :"' t•-« '.k401at1STEEP SLOPE AREAc : p ✓,•st P `1�'•1 .YI,1 , iJ-{� 'NiMI�CT k ! s.r `, x 1rh:"z '!$,nY ,,:n ,:. tf, `: fesrld- Imo` "'. i* i/+ j*\ L tlrI? 4 �"i.•1. ::? t tyi7,, f :, rt�..1. 1 ' ,,Ii ti ah ;�7hh,S._ POINVIr►aMM 1.'ti i 34: ., �*N�`.l�yrW:A f 4 I y 1 .'R./ 33rr I {:'+ tt r`, $, �.?..i t' /` }S�{,t-•. 6' 7d' J 2_O \a...r.....wl0 16' 3 1 1 I0040010010 Ar MA....Y aa..a as- 1 I molt Slope Inp•rcMr ■ IMAM.tMw IA.., ft 7 1�'- III Pear I.IVY FBI r '0.000r11.111r.....M r YI.M 1 lid S.I r STEEP SLOPE AREA G . r r O ZS. SO' T ' S' f00* eZT' /50- :r 0•01,00,100011.1 NMr.AIM D. ALLOWANCE FOR CONSTRUCTION permit, conditional use permit, variance, re- OF SINGLE FAMILY RESIDENCE: zone, planned unit development, subdivision Nothing in these regulations shall limit the con- or short subdivision, and one or more of the struction of one single family home on a pre-exist- greenbelt criteria as defined in subsection C2 ing platted lot,subject to meeting any engineering of this Section is present on the site of the requirements necessary to safely construct such proposed development, studies by qualified a residence.Whenever a proposed development professionals may be required.The City shall involves only one single family dwelling, which is send written notification to the applicant not part of a larger development proposal, the whenever such studies are required.The City City shall not require special studies or reports by may approve, approve with conditions, or the applicant. deny any such proposal to carry out the pur- poses of this Section. E. GENERAL STANDARDS APPLICABLE TO ALL GREENBELT PROPERTIES: F. ADDITIONAL STANDARDS FOR STEEP SLOPES: 1. Permit Required Prior to Vegetation Removal: There shall be no removal of veg- 1. Development Prohibited on Steep etation within a greenbelt until a permit is is- Slopes: Development is prohibited on slopes sued pursuant to subsection E2 of this greater than forty percent(40%). Section except for normal maintenance with written approval by the Development Ser- 2. Density Limitations for Steep Slopes: vices Division for such activities as trimming In greenbelt areas with between twenty five of vegetation or removal of dangerous or dis- percent(25%) and forty percent(40%) slope eased plant materials. the maximum residential density shall be: 2. Special Studies: Whenever a proposed a. One unit per acre, and for each one development requires a building permit, grad- percent(1%)of slope in excess of twenty ing permit,shoreline substantial development five percent(25%), an additional nine 3 -17 *tow *4000 �.I- EXHIBIT B J¢ ] • 6 Q 6• 30• ::S`'r y 04 t,)a 0.4 rs S , I t 'i w,4" w«.�rr urr ar.—.c...►.."m"y ,13%1 1,'.. rl I /'' ! t"B{��.. ,,att {y`., tlaN. '. nraw -fram4'ii�:47i qx;v .r Hlkcfh4,--4,ttp; 4-Ist g z.....,.......w+wr r..w .�o:�.ti rh STEEP SLOPE AREA l'>, Fty,; A1-.. t a 1 q r. ' cl 1 y R -,H y f t t =fix y '1 `1� t `,�yyr�y ' * �: ' -'tax df �r } 1 r tiT: ,1.-,.}.tri¢rrq I c4C. 'k:- ;h ' • i err 10!: ' t'i ±r ,P`�yta.l 5I1 to .ix rl:.. t S 7 t 2O ...raw.u..• 26' r 1 I , 1 r2.7.2. zr- 4.4 —;irs:itT— & r.'_-__r 34.47 1 j I. ' 4,% l- STEEP SLOPE AREA O 2$ SD' 73' ten." t2T• i;,o tip• ..eve••faa lw fames D. ALLOWANCE FOR CONSTRUCTION permit, conditional use permit, variance, re- OF SINGLE FAMILY RESIDENCE: zone, planned unit development, subdivision Nothing in these regulations shall limit the con- or short subdivision, and one or more of the struction of one single family home on a pre-exist- greenbelt criteria as defined in subsection C2 ing platted lot,subject to meeting any engineering of this Section is present on the site of the requirements necessary to safely construct such proposed development, studies by qualified a residence.Whenever a proposed development professionals may be required.The City shall involves only one single family dwelling, which is send written notification to the applicant not part of a larger development proposal, the whenever such studies are required.The City City shall not require special studies or reports by may approve, approve with conditions, or the applicant. deny any such proposal to carry out the pur- poses of this Section. E. GENERAL STANDARDS APPLICABLE TO ALL GREENBELT PROPERTIES: F. ADDITIONAL STANDARDS FOR STEEP SLOPES: 1. Permit Required Prior to Vegetation Removal: There shall be no removal of veg- 1. Development Prohibited on Steep etation within a greenbelt until a permit is is- Slopes: Development is prohibited on slopes sued pursuant to subsection E2 of this greater than forty percent(40%). Section except for normal maintenance with written approval by the Development Ser- 2. Density Limitations for Steep Slopes: vices Division for such activities as trimming In greenbelt areas with between twenty five of vegetation or removal of dangerous or dis- percent(25%) and forty percent(40%) slope eased plant materials. the maximum residential density shall be: 2. Special Studies: Whenever a proposed a. One unit per acre, and for each one development requires a building permit, grad- percent(1%)of slope in excess of twenty Ing permit,shoreline substantial development five percent(25%), an additional nine 3 -17 , 440t# ..E , ," any », _ �¢ a y-+ e u ,.. Sensitive Areas Ordlnance . ' R An Overview January 10,2000 Rob Jenkins ` .. SeniorPlannNere tghborboods;} : cDeveldpmen r►Economi Planning and Strategic. ;- z Components of the ' Reasons for the Sensitive Areas • Sensitive Areas Ordinance Ordinance Work Program s ��Changes to An Overlap Exists"Between: '' :General Penalty Chapter •Wetlands Regulations <° • Administration and Enforcement Cbapter ,-'7::Iii'':.,,::::":" Tree( tting and Land Clearing Regulations *• Sensitive Areas Regulation Section .,Greenbelt Regulations • Development Guidelines&Regulations Section •Grading,Excavation and iMining Section r ,,,,,,:, -,', Components of th .'''•::'''''''''''I''' :1::--, e Components of the " Sensitive Areas Ordinance Sensitive Areas Ordinance i'Changes to:` e.Changes to: •Tree Cutting and Land Clearing Section • Variances;Waivers,Modifications,and •Environmental Consideration-General, Alternates Section; q • p., . Re Requirements and Standards Section Completion&Restoration of Existing • Submittal Requirements SectionNonconforming Uses/Structures/L'ots Section Environmental Review Procedures-Section •Definitions Chapter 1.AdministrativeG_uidelines for Flood Hazard Regulations 1 s 41110 114109. Components of the ' k � r Objectives of the ' Sensitive Areas Ordinance Sensitive Areas Ordinance avThe following sections have been deleted and their concepts and language folded into ` h ; �Retam re ula otts whu are const ent with other parts of the Code ' g ' rite Comprehestve Plan . , .y Ensure that C�oznprehensive 'laitpolicies • Flood Hazard Regulations 5 are being implemented •Greenbelt Regulations � ,, �, f •Wetland,Re ulations 4 k 'tCeep current with envvoni�tenta Case law g ' Objectives of the x` ¢ ` Objectives ofthe, hog !; Sensitive Areas Ordinance ` ` R r: ', Sensltive Areas Ordinance i•Organize existing and future environmental �' regulations'into one new section ,` ' c a r � _ � : � Reassess regulations to create a balance • iquifer,Recharge[Reserved] between •Flood Hazards g •Resource protection •:GeologicHazards `� .`Enforcement �� `` ♦Shorelines,Streams and Lakes[Reserved) .Faune.6 to property"owners •wetland3 ., • Habitat Conservation{New Concept] Create a framework to address Endangered" p Species Act(ISA)requirements Impact of the Endan eredS ecie,s Act ESA Impact of the ES ` 'T,,','''','::::,. g P � ). •On'lvlarch 16, 1999,the National Marne TheFederal govern_meet has po":,,,,,..2:,,,,,,,,,-,,,"::',:',..-- pFheries.Service(IVMFS),1�sted hePuget enforcement of the salmon�and tou listingsSound Chinookalmonas`,` ndangered" .,° unil itissuesitsfinl"4(d),Rule"fo ach under the ESA = � .: ,,,::,.",species - s �- 'On`November 1, 1999,the:Fish and z. The"4(d)Rules"will est bltsh protective Wildlife Service_(F�'S)listed the Bull trout regulations,;for Chinook salmon andthe as"endangered"under the ESA Bull trout tea` 2 i , NNW Nero' Impact of the ESA Impact of the ESA+ i' .i' heNMFS,andi~'WS have not yet issued ;. a' 4(d)Rules"are ways for a local -, final"4(d)RuIes'for either;the Chinook government(such as Renton)to be:sure that ^.A salmon or Bull trout its own activities slid the activities it allowsAfinal`.`4(d)Rule''for Puget Sound by;regulation arepermttted.under the Chinook Salmon will be issued in"spring Endangered Species Acts Z 2000 It isunelear h4 n afinal" (d)Rule".for ;' Bull trout will be issued butnat likely until spring or summer 2000, Y Impact'of the SSA ` Relationship of SAO to the 4 LlidangefedSpecieS Act - _ axing,Pierce and Snohomish Counties have w The Sensitive Areas,Ordinance(SAO) .formed a group to develop regulations to be provides a firm,foundation bor future ESA;- ' rused by all local governments in the region;_ requirements including Renton Relationship of SAO to the -Sensitive Areas Regulation Endangered Species Act The Sensitive Areas Regulation Section 2,a'The Shorelines,Streams and Lakes_ ." Addresses: _ " corn onent of the SAO will be reserved a ,.Flood Hazards P - 'Regulations will beadded once the to : Geologic Hazard coupgrouphas develo ed regulations to ,H tY P gHabitat Conservation deal with salmon'and trout habitat .wetlands r •Aquifer Recharge(reserved] :": y "•Shorelines/Streams/Lakes(reserved] 3 Y *4410 Niklie Sensitive AreasRegulant:r '' it � � � Sensitive Areas Regulation Mayor Elements `' 4, Iajor Elements Purpose Statements : r!t E•Includes language o ':'''I':':':''''''':': r reserved locations for the- � ' pPtcabiltty ; xempt Prolaibite and six sensitive areas a x' � ! onconforrrpng Activities s Apphcabihty Sensitive Areas ; r •fnpludes nevi and modified language dealing •Includ s lams aae orpreservedlfoeabgns for the ; g t and prohibited activities in the with exemp Su g 'various sensitive areas ix sensitive areas v ,,.,14].4.,;,-,-,::,!:.::::1,:,,,:::::,,,,,,,s;,:;.:,•:.:,..,,f....:.. Sensitive Areas Regulation Sensitive Areas Regulation Major Elements Major ElementsA Flood Hazards ? may* - 3. 3 A<'}8 iT, i r 1 - ` Native Growth Protection Areas ' . fit.Relocates`and modifies portion oftheexisting ,V.New and modified language describing how ;, Flood Hazard Regulations sensitive areas and their buffers are protected > i.Includes ; and how property owners Bre,nottfied about € r New criteria for encroachment into fIoodways lrnnts on uI of these areas New standards for compensatory storage Sensitive Areas Regulation Sensitive Areas Regulation Major Elements Major Elements s;Geologic Hazards:' =►Habitat Conservation: •This section addresses and replacesmany of the •This new section requires,prior to new; - concepts found in'the existing Greenbelt _ Regulations with;new concepts development activities Steep Slopes ith ne iu and cept [Very] Assessments of critical plant or w iidlife habitats Steep Slolide Hazards[mewl �. Estabtuhments of native rowtiipmtection areas •Erosion Hazards[Mew] Limgatton�for any disturbance to ezistmg habitat t Seismic Haza,[.N„,wl Coal Mine Hazards,'[New] ` � . t 4 4 t Nor' �r Sensitive Areas Regulation t Sensitive Areas Regulation Major Elements -Major Elements Shorelmes;=Streamsand Lakes ? Wet}ands • This section is reserved. r e This section relocates and modifies Pies much of ,-,": Regulations'will be added once ttie tee-c• ounty group has existing Wetland Regulations ,—developed regulations to deal,with salmon and trout, habitat •New concepts include i '` Defining non-regulated Category 3 wetlands Until then shorelines stream andlak6s will co ra ue'to'` be protected through the ShorehneMasterProggram ;New criteria dealing with wetland creation `' °' regulations the Tree Cutting and�Land Cleating ' replacement and mitigation regulation's;'and the State Environmental Policy Act •New standards and criteria dealing with wetland (SEPA)process :,., enhancement • • Sensitive Areas Regulation Grading, Excavation and Mining Major Elements Regulations %761ViaPS .Provides new maps and map itng entena for Coal Mine Hazard$- f Erosion'Hazards r ?&Revises language to prohibit creation of Landslide Hazards subdivision lots wit h 40%or greater slopes, seismic Hazards through cut and fill procedures Wetlands Steep Slopes[Reserved} 'Shorelines.Streams and Lake[Reserved] •Aquifer Recharge.[Reserved] Tree Cutting and Land Cleari• ng Tree Cutting and Land Clearing Regulations Regulations a.Requires approved land development as Modifies exemption language to'allow for permits prior to tree cutting or land clearing agricultural_activities,public road related to new development _ = ,expansion,°siteinvestigation work,mining Establishes new criteria forwhen thinning and quarrying and,adaustments to minor tree of timber stands on wood lots'is allowed cutting activities 5 r ;-Tree Cutting and Land Clearing Tree Cutting and Land Clearing Regulations Regulation .„?.-Establishes:new criteria for cutting trees for ' ' solar access or pasture creation purposes *Provides additional criteria for all tree �r►'Mdifies submittal;requirementscutting and land clearing activities ' o to require more`specific plansbe submitted far.land ,` Establishes tree and ground cover retention'' development plans where tree removal is requirements and priorities , proposed Environmental ConsiderationWhat's Next?--..- $` , General Requirements and i'OP'thePlanning Commission has been Minimum Standards <' reviewing the SAO since Noyember3rd and will complete its review on January l9th ?•A1lows native growth protection area voile Planning and Development Committee easements to be included in minimum lot has been reviewing the SAO since size calculations"of new lots,provided there - is adequate buildable area acid yard space 'December16th and will complete its review elsewhere on the lot . in early February ': � s r What's Next. . �e,'. 41 . 1. Adoption is anticipated by the City Council ,� s - ', y for mid-Febru 474 ary,2000 '5. r4 6 ' A,T City of Renton PUBLIC INFORMATION HANDOUT January 10, 2000 SENSITIVE AREAS ORDINANCE PUBLIC HEARING BACKGROUND INFORMATION For additional information, please contact: Robert Jenkins at 430-6578 OR rjenk ns a@ci.renton.wa.us. The proposal reorganizes and amends existing sensitive areas regulations (flood hazards, geologic hazards and wetlands), establishes new regulation of critical habitat areas, and establishes reserved sections from aquifer protection and shorelines, streams and lakes. Chapter 1-3 is revised by relocating, expanding and/or creating penalty and violation language for: Geologic Hazards,Habitat Conservation, Wetlands, and Flood Hazard Areas. Chapter 4-1 is revised by adding language authorizing the Planning/Building/Public Works Administrator to review and act on RMC 4-3-050, Sensitive Areas Regulation(SAR), modifications, allowances and determinations, adding language authorizes the Hearing Examiner to review act on variances from the SAR and relocating and modifying liability disclaimer language from other parts of the RMC. Section 4-3-050 is amended as follows: The section is renamed"Sensitive Areas Regulation", from the existing"Environmentally Sensitive Areas"; - The existing language found in Section 4-3-050 is relocated to Section 4-9-070, Environmental Review Procedures; - The "new" Section 4-3-050 includes Flood Hazard, Geologic Hazard,Habitat Conservation, and Wetlands language and reserved Aquifer and Shorelines/Streams/Lakes sections; New and relocated and modified language describes how sensitive areas buffers are protected through native growth protection areas; - A subsection is reserved for the future insertion of Aquifer Protection regulations currently found elsewhere in the RMC; - Much of the existing Flood Hazard Regulation language, Section 4-3-060, are relocated and modified here. New criteria for encroachment into floodways and new standards for compensatory storage are added; - The geologic hazards concepts found in the existing Greenbelt Regulations, Section 4-3-070, are relocated,replaced and expanded upon in this section. New language dealing with steep slopes, and landslide, erosion, seismic and coal mine hazards are added; - A new subsection dealing with, assessment, conservation and mitigation of critical plant and animal habitat is added to the section; - A subsection is reserved for the future insertion of expanded shorelines, streams and lakes regulations(shorelines, streams and lakes continue to be regulated via Section 4-3-090, 4-4-130 and the SEPA process); - Much of the existing Wetland Regulation language, Section 4-3-110, is relocated and modified here. New concepts addressed in the subsection deal with defining non-regulated Category 3 wetlands, criteria for wetland creation,replacement, mitigation and enhancement; Applicability and other procedures sections are proposed; and - A new mapping section is added. Sections 4-3-060, 4-3-070, and 4-3-110 are deleted and their concepts and language relocated to Section 4-3-050 and other parts of the RMC. Section 4-4-030, Development Guidelines and Regulations, is revised to strike references to regulations being deleted and insert references to regulations being added. Section 4-4-060, Grading, Excavation and Mining Regulations, is revised to add language prohibiting creation of subdivision lots with 40% or greater slopes,though cut and fill procedures. Section 4-4-130, Tree Cutting and Land Clearing, is revised as follows: - Addition of purpose statements; - Addition of language exempting agricultural activities,public road expansion, site investigation work, allowable tree cutting, and mining and quarrying; - Modification of prohibition language dealing with tree cutting in a variety of sensitive areas and their buffers; Modification of the requirement for land development permits prior to tree cutting or land clearing; - Establishment of new criteria for thinning timber stands; - Establishment of new criteria for cutting trees for solar access and pasture creation; - Modification of submittal requirements for land development plans; - Modification of criteria that tree cutting and land clearing activities must comply with; and Establishment of tree and ground cover retention requirements and priorities. Section 4-7-130, Environmental Consideration—General Requirements and Minimum Standards, is revised to allow native growth protection area easements to be included in minimum lot size calculations. Section 4-8-120, Submittal Requirements—Specific to Application Type, is revised based on the "new" Section 4-3-050 in terms of tables, definitions and geotechnical report requirements. Section 4-9-070, Environmental Review Procedures, is revised to include the "old"language from Section 4-3-050. Section 4-4-130, Variances,Waivers, Modifications and Alternates, is revised to provide new and modified variance criteria for flood hazards, wetlands and other sensitive areas. Section 4-10-010, Completion and Restoration of Existing Nonconforming Uses, Structures and Lots, is revised to include relocated and modified language providing criteria for nonconforming activities and structures in sensitive areas. Chapter 4-11, Definitions,is revised to add new and relocated definitions dealing with sensitive areas concepts. Administrative guidelines are proposed to clarify which division of Planning/Building/Public Works is responsible for administering what part of the flood hazard regulations. Central/SYS2/Depts/EconomicDevelopment/Stratpin/Planning/Jenkins/Sensitive Areas/SAO Public Hearing.DOC r1rr+ '400 r� 4 u �, Jay Covington Jazz—@ Carco on January 15th @ 8 00pm LL Page 1 From: Stephen Elliott To: ORG ALL Date: 1/6/00 10:05AM Subject: Jazz @ Carco on January 15th @ 8:00pm Bring in the new millennium with the big band sound of MOJO's presentation of You're Never Too Old Too Swing featuring nationally renowned recording artist Andrienne Wilson. This amazing 16-piece orchestra will heat up the New Year with the very best in big band jazz. Adults $10, Students/Seniors $8. Visa & MasterCard accepted. Call (425) 430-6707 for tickets and information. „ *,4410 CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 10th day of January, 2000, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of the Renton Municipal Building, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Proposed Sensitive Areas Ordinance All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. • Ii`> .�✓ Marilyn":ffsen City Clerk Published South County Journal December 24, 1999 Account No. 50640 %of 440 ti . r� CO 4- o -1 m -0 ac- Cos o 10oa) 0 f c rn = ,- Cn c o -- O O =. CD y � om. • CD = CT SD p at G O a _ � C = pCn a ^ "1 = . St� C( CDC CD CO CCD 91 1"n co m rn Dc a CD CD ao Qy ao� o. 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CD N Z co wo s 0-eA o,-w 5 c z,-, , , iv a co 3 = w012o a33o < v� co Os" m ao°uafD Docs =':1sCA .) 1 °c o ,v g o owco 3 a_ZCnZ N CT CJ gn fD D w cn I n n cn (n m CD Z --�'-•. 3-ei0 fa d• @ Sm 9� O 0 ow_m w �L�om =- 3 �•w -Co w aya= Cu cis=0 n W�CD amp m ■rr''"r Nimetio CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 10th day of January, 2000, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of the Renton Municipal Building, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Proposed Sensitive Areas Ordinance All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Marilynn:Vsen City Clerk Published South County Journal December 24, 1999 Account No. 50640 , *woo December 20, 1999 Renton City Council Minutes .r.rs Page 455 CAG: 99-100, 200 Mill Ave S Community Services Department submitted CAG-99-100, 200 Mill Ave. S. Bldg Marblecrete Repair,JPL Building Marblecrete Repair; and requested approval of the project, Const authorization for final pay estimate in the amount of$2,617.61,commencement of 60-day lien period,and release of retained amount of$3,994.33 to JPL Construction,contractor, if all required releases are obtained. Council concur. CAG: 99-087,200 Mill Ave S Community Services Depaitiiient submitted CAG-99-087,200 Mill Ave. S. Bldg New Doors&Access Building New Doors&Access System; and requested approval of the project, System,JPL Const authorization for final pay estimate in the amount of$3,833.91,commencement of 60-day lien period, and release of retained amount of$1,913.47 to JPL Construction,Inc., contractor, if all required releases are obtained. Council concur. CAG: 99-070,Renton Senior Community Services Depaitiuent submitted CAG-99-070,Renton Senior Center Roof Replacement, Center Roof Replacement; and requested approval of the project, authorization Queen City Sheet Metal & for final pay estimate in the amount of$868.10,commencement of 60-day lien Roofing period, and release of retained amount of$2,689.78 to Queen City Sheet Metal &Roofing,Inc.,contractor, if all required releases are obtained. Council concur. Zoning: 1999 Annual Update Economic Development,Neighborhoods and Strategic Planning Department of the Zoning Book& Wall recommended approval of the annual update to the City's Zoning Book and Map Wall Map. Council concur. EDNSP: Quendall Terminals Economic Development,Neighborhoods and Strategic Planning Department Purchase& Sale Agreement requested authorization to extend the Quendall Terminals Purchase and Sale Extension to 6/30/2000 Agreement to June 30, 2000. Council concur. Streets: Alley Closure, S 2nd Technical Services Divison recommended closing the southerly 70 feet of the & 3rd and Main&Mill Ayes alley between S. 2nd and S. 3rd Streets, and Main and Mill Avenues S. to improve safety along Houser Way and to allow for future flexibility to reopen the alley at a later date if desired. Council concur. Vacation: Lake View Blvd N Technical Services Division submitted the appraisal performed for a partial (VAC-98-004),Appraisal & vacation of Lake View Blvd.N. (VAC-98-004), and requested that Council Compensation accept the appraisal determination of$170,000 and set compensation for the right-of-way at$85,000. Refer to Transportation Committee. Added Item 7.1. Community Services Department recommended approval of an agreement to Parks: Highlands Annex purchase the Renton School District's Highlands Annex property; a 1.1-acre Acquisition parcel located adjacent to the City's Highlands Neighborhood Park and Community Center at a cost of$100,000, for use as a park. Council concur. MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED INCLUDING THE ADDED ITEM 7.1. CARRIED. OLD BUSINESS Planning&Development Committee Chair Keolker-Wheeler presented a report Planning & Development recommending that a public hearing on the Sensitive Areas Ordinance be Committee scheduled before the Renton City Council on Monday,January 10,2000, at Planning: Sensitive Areas 7:30 p.m. in the Council Chambers. MOVED BY KEOLKER-WHEELER, Ordinance SECONDED BY SCHLITZER,COUNCIL CONCUR IN THE COMMITTEE • REPORT. CARRIED. Development Services: R-8 Planning&Development Committee Chair Keolker-Wheeler presented a report Zone Reduced Driveway& regarding the subject of reduced driveway and sidewalk standards in the R-8 Setback Standards Request zone, which was referred to staff for resolution. The developer of the La (Withdrawn) Colina plat withdrew this requested review shortly thereafter. This issue is therefore closed at this time. MOVED BY KEOLKER-WHEELER, 11111iiiirli000 APPROVED DY �. ...... CITY COUNCIL Date PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT December 20, 1999 Sensitive Areas Ordinance (Referred November 15, 1999) The Committee recommends the following: • That a public hearing on the Sensitive Areas Ordinance be scheduled before the Renton City Council on Monday,January 10, 2000, at�. in council chambers. /`1Qht 44. Kathy lker-Wheele Chair Timothy J. Schlit r ernate Member Dan Clawson,Member cc: Rebecca Lind,EDNSP CENTRAL/SYS 2/DEPTS/ECONOM ICDEV ELOPMENT/STRATPLN/ PLANNING/JENKINS/SENSITIVE AREAS/P&D RPTI.DOC yr/ ,. November 15, 1999 Nor, Renton City Council Minutes Page 407 Medical System(EMS) in King County(dates and times to be announced). * The Recreation Division was well-represented last weekend at the Washington State Special Olympics Bowling and Volleyball Tournament, with thirty athletes competing. AUDIENCE COMMENT Phillip Beckley, 655 Ferndale Ct.NE, Renton, 98056, suggested that the City Citizen Comment: Beckley— name its new Downtown Plaza, or Piazza, for Henry Moses. Noting that Henry Naming of the Downtown Moses was the last surviving member of Renton's native Duwamish Indian Piazza tribe,he felt this would acknowledge Renton's heritage and be a salute to Mr. Moses as well as to diversity. Councilmember Keolker-Wheeler noted that the Dobson family of Renton previously asked that the piazza be named after John Dobson. She suggested that the proposed names be considered together. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Development Services: Fred City Clerk submitted request for release of easements from Scott L. Wippel, Meyer Request for Release of vice president of Roundup Co.,representing Fred Meyer Stores, PO Box 42121, Easements,485 Renton Center Portland, OR, for property located at 485 Renton Center Way SW. Refer to Way SW Board of Public Works and Utilities Committee. Planning: Sensitive Areas Economic Development,Neighborhoods and Strategic Planning Department Ordinance recommended adoption of the proposed Sensitive Areas Ordinance which: reorganizes and amends existing sensitive areas regulations pertaining to flood hazards,geologic hazards and wetlands; establishes new regulation of critical habitat areas; establishes reserved sections from aquifer protection and shorelines, streams and lakes; and includes associated housekeeping measures. Refer to Planning&Development Committee. Budget: 1999,Year-end Finance&Information Services Department submitted proposed 1999 Year- Adjustments end.Budget adjustment ordinance,which establishes a new fund for City-leased properties. Refer to Finance Committee. Budget: 2000,King County Planning/Building/Public Works Department recommended approval of an Metro Rate Increase Pass- ordinance passing on the increase by King County of the Metro portion of Throughs Renton utility bills from$19.10 to$19.50 per single family residence,and from $19.10 to $19.50 for each 750 cubic feet(or any fraction thereof) for all users other than single family. Council concur. (See page 408 for ordinance.) CAG: 99-066, Shattuck Ave S Surface Water Utility Division submitted CAG-99-066, Shattuck Ave. S. Stormline Replacement,DA Stormline Replacement project; and requested approval of the project, Zuluaga Const authorization for final pay estimate in the amount of$751.10,commencement of 60-day lien period,and release of retained amount of$2,381.82 to D.A. Zuluaga,Inc.,contractor, if all required releases are obtained. Council concur. CAG: 99-076, SW 13rd St Surface Water Utility Division submitted CAG-99-076,SW 23rd St.Drainage Drainage Improvement, Improvement project; and requested approval of the project,authorization for Tydico Inc final pay estimate in the amount of$1,036.00,commencement of 60-day lien period, and release of retained amount of$5,459.69 to Tydico,Inc.,contractor, if all required releases are obtained. Council concur. CAG: 98-083,Maplewood Surface Water Utility Division submitted CAG-98-093,Maplewood Fish Creek Fish Creek Channel,CA Channel project; and requested approval of the project,authorization for final Goodman Const Co pay estimate in the amount of$1,683.30, commencement of 60-day lien period, and release of retained amount of$47,101.98 to CA. Goodman Construction Co., contractor, if all required releases are obtained. Council concur. ‘104 *if CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: October 28, 1999 TO: City of Renton Planning Commission FROM: Sue Carlson, Administrator Economic Development Neighborhoods and Strategic Planning Department STAFF CONTACT: Robert Jenkins, Senior Planner, EDNSP SUBJECT: Sensitive Areas Ordinance-Public Draft#1 ISSUE The Sensitive Areas Ordinance proposal reorganizes and amends existing sensitive areas regulations(flood hazards, geologic hazards and wetlands), establishes new regulation of critical habitat areas, and establishes reserved sections from aquifer protection and shorelines, streams and lakes. City Council adoption of the proposed regulatory language is anticipated for late- January/early February 2000. The Growth Management Act(GMA)requires that all jurisdictions identify and protect critical areas' which are defined in RCW 36.70A.030(5) as follows: "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and(e) geologically hazardous areas. The Department of Community, Trade, and Economic Development was required to prepare minimum guidelines to direct the classification of critical areas by local governments. In piecemeal fashion,the City of Renton has adopted several sensitive area ordinances which are required by the GMA, including the following: A. Wetlands Management Ordinance: Protects wetlands of varying quality throughout the City. It should be noted that although the GMA refers to the phrase "critical areas," an interchangeable phrase is "sensitive areas,"and the latter phrase will be used throughout this document. City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Issue Paper October 28, 1999 Page 2 B. Aquifer Protection Ordinance: Regulates groundwater recharge areas to protect potable water supplies from contamination. C. Land Clearing and Tree Cutting Ordinance: Protects and preserves trees and vegetation to minimize erosion and sedimentation, and preserve habitat. D. Flooding Hazards Ordinance: Regulates construction activities in floodways and floodplains. E. Greenbelt Ordinance: Regulates development in sensitive and hazardous areas including steep slopes, utility corridors and a variety of other geologically hazardous and sensitive areas. In some cases, sensitive area ordinances were prepared prior to the GMA to address key local concerns about sensitive and hazardous areas. While effective in protecting resources or restricting hazardous areas,the Wetlands, Land Clearing and Tree Cutting, and Greenbelt Ordinances in particular, are complex and occasionally conflicting. These three ordinances have the greatest area of overlap. Based upon City staff review of Comprehensive Plan policies and sensitive area regulations, a work program to combine the Wetlands, Land Clearing and Tree Cutting, and Greenbelt Ordinances was initiated for the purpose of maintaining key regulations that respond to Comprehensive Plan policies while recognizing lessons learned in ordinance implementation. RECOMMENDATION Staff recommends approval of Public Draft#1. BACKGROUND SUMMARY Policy Basis A series of Comprehensive Plan policies found in the Land Use and Environment Elements address a variety of environmental topics. Policies were reviewed by senior staff of the Development Services and Planning and Technical Services Divisions in order to discuss policy interpretation and implementation. The policies reviewed included: • Protection and enhancement of natural features(LU-269); • Public access to water bodies and wetlands (LU-270); • Protection of mature vegetation and trees in developments (LU-285); • Landscape maintenance plans in developments(LU-286); • Stream and waterway setbacks and enhancement (EN-6); • Protection of unique and significant wildlife (EN-50); and • Reduce potential hazards of abandoned coal mines (EN-P). City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Issue Paper October 28, 1999 Page 3 Objectives The main objectives of the Sensitive Areas Ordinance are as follows: Retain regulations which are consistent with the Comprehensive Plan; Ensure that Comprehensive Plan policies are being implemented; Keep current with environmental case law; Organize the following existing environmental regulations into one section, 4-3-050, Sensitive Areas Regulation (SAR): - Aquifer Recharge; Geologic Hazards; and Wetlands; - Add new Habitat Conservation regulations to the combined section; Establish a reserved Aquifer Protection subsection. The current Aquifer Protection regulations, Chapter 8 of the Renton City Code,will be recodified as part of the SAR in the near future; - Establish a reserved Shorelines, Streams and Lakes subsection. Shorelines, streams and lakes language will be inserted in the SAR once the City receives clear direction from the National Marine Fisheries Service and Tri-County Group on what kind of regulatory measures are needed to deal with Chinook salmon habitat, in light of the species' March 1999 listing under the Endangered Species Act; and - Reassess regulations to create a balance between resource protection, enforcement, and fairness to property owners. Summary of Content of the Sensitive Areas Ordinance(SAO): The SAO is a compilation of various chapters and sections of the Renton City Code, which deal wholly or in part with one or more sensitive area. The following are brief summaries of the changes proposed for the various parts of the Code. Chapter 1-3 is revised by relocating, expanding and/or creating penalty and violation language for: Geologic Hazards,Habitat Conservation, Wetlands, and Flood Hazard Areas. Chapter 4-1 is revised by adding language authorizing the Planning/Building/Public Works Administrator to review and act on RMC 4-3-050, Sensitive Areas Regulation(SAR), modifications, allowances and determinations, adding language authorizes the Hearing Examiner to review act on variances from the SAR and relocating and modifying liability disclaimer language from other parts of the Renton Municipal Code(RMC). Section 4-3-050 is amended as follows: The section is renamed"Sensitive Areas Regulation", from the existing "Environmentally Sensitive Areas"; The existing language found in Section 4-3-050 is relocated to Section 4-9-070, Environmental Review Procedures; The"new" Section 4-3-050 includes Flood Hazard, Geologic Hazard, Habitat Conservation, and Wetlands language and reserved Aquifer and Shorelines/Streams/Lakes sections; City of Renton Planning Commission Sensitive Areas Ordinance Public Draft ill - Issue Paper October 28, 1999 Page 4 New and relocated and modified language describes how sensitive areas buffers are protected through native growth protection areas; A subsection is reserved for the future insertion of Aquifer Protection regulations currently found elsewhere in the RMC; Much of the existing Flood Hazard Regulation language, Section 4-3-060, are relocated and modified here. New criteria for encroachment into floodways and new standards for compensatory storage are added; - The geologic hazards concepts found in the existing Greenbelt Regulations, Section 4-3- 070, are relocated, replaced and expanded upon in this section. New language dealing with steep slopes, and landslide, erosion, seismic and coal mine hazards are added; - A new subsection dealing with, assessment, conservation and mitigation of critical plant and animal habitat is added to the section; - A subsection is reserved for the future insertion of expanded shorelines, streams and lakes regulations (shorelines, streams and lakes continue to be regulated via Section 4-3- 090,4-4-130 and the SEPA process); - Much of the existing Wetland Regulation language, Section 4-3-110, is relocated and modified here. New concepts addressed in the subsection deal with defining non- regulated Category 3 wetlands, criteria for wetland creation,replacement, mitigation and enhancement; Applicability and other procedures sections are proposed; and - A new mapping section is added. Sections 4-3-060,4-3-070, and 4-3-110 are deleted and their concepts and language relocated to Section 4-3-050 and other parts of the RMC. Section 4-4-030,Development Guidelines and Regulations, is revised to strike references to regulations being deleted and insert references to regulations being added. Section 4-4-060, Grading, Excavation and Mining Regulations, is revised to add language prohibiting creation of subdivision lots with 40% or greater slopes, though cut and fill procedures. Section 4-4-130, Tree Cutting and Land Clearing, is revised as follows: - Addition of purpose statements; - Addition of language exempting agricultural activities,public road expansion, site investigation work, allowable tree cutting, and mining and quarrying; - Modification of prohibition language dealing with tree cutting in a variety of sensitive areas and their buffers; Modification of the requirement for land development permits prior to tree cutting or land clearing; - Establishment of new criteria for thinning timber stands; - Establishment of new criteria for cutting trees for solar access and pasture creation; - Modification of submittal requirements for land development plans; Modification of criteria that tree cutting and land clearing activities must comply with; and City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Issue Paper October 28, 1999 Page 5 Establishment of tree and ground cover retention requirements and priorities. Section 4-7-130, Environmental Consideration—General Requirements and Minimum Standards, is revised to allow native growth protection area easements to be included in minimum lot size calculations. Section 4-8-120, Submittal Requirements—Specific to Application Type, is revised based on the "new" Section 4-3-050 in terms of tables, definitions and geotechnical report requirements. Section 4-9-070, Environmental Review Procedures, is revised to include the"old" language from Section 4-3-050. Section 4-4-130,Variances, Waivers, Modifications and Alternates, is revised to provide new and modified variance criteria for flood hazards,wetlands and other sensitive areas. Section 4-10-010, Completion and Restoration of Existing Nonconforming Uses, Structures and Lots, is revised to include relocated and modified language providing criteria for nonconforming activities and structures in sensitive areas. Chapter 4-11,Definitions, is revised to add new and relocated definitions dealing with sensitive areas concepts. Administrative guidelines are proposed to clarify which division of Planning/Building/Public Works is responsible for administering what part of the flood hazard regulations. Detailed Background and Analysis of the SAO to be Discussed at the November 3rd Planning Commission Meeting: Section 4-3-050: Sensitive Areas Regulation: This section is the focus of the City's regulation of sensitive areas. The following text will provide background and analysis of the proposed organization,content and proposed changes. ■ Subsection A, Purpose: Purpose statements for all seven sensitive areas, five existing and two reserved for future insertion, are located in one unified location. A set of general purpose statements is proposed. Most of the flood hazard purpose statements are transferred verbatim from the old section,with the new statements reworkings of existing concepts. The geologic hazard purpose statements are taken from the old Greenbelt section,with the addition of steep slope risk avoidance and erosion control concepts. The habitat conservation statements are new concepts which state why conserving critical plant and animal habitat is important. The wetlands purpose statements are transferred from the old section. %110f *WO City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Issue Paper October 28, 1999 Page 6 • Subsection B, Applicability: Sensitive Areas Designations/Mapping: This subsection defines and identifies specific sensitive areas regulated per this section and refers to existing sensitive area maps, Subsection R, and provides criteria for mapping currently unidentified sensitive areas. The definition and application of flood hazard areas remains unchanged from the old section. The geologic hazards section specifically defines two types of steep slopes, the four types of landslide hazards,the two types of erosion hazards, the two types of seismic hazards and the three types of coal mine hazards. The current Greenbelt regulations provide much less specificity as to definition than this proposed language. The habitat conservation section defines what critical habitat and where such location of such habitat can be found. The wetland section exempts small Category 2 and 3 wetlands from regulation. The definition of the three wetland categories is transferred from the old section. The wetland section clarifies that wetland maps are a tool in determining the presence and extent of wetland but determination by qualified professionals will be used for more precision. • Subsection C, Exempt,Prohibited and Nonconforming Activities: This subsection uses old wetland applicability language as a base for application to all the sensitive areas. This section clarifies that a separate sensitive areas permit is not required when a development proposal requires other permits. No other development permit shall be approved if the proposal does not comply with the new sensitive areas regulations. The various types of exempt activities have been reorganized into a unified table for all sensitive areas. New exemptions are as follows: public flood hazard reduction and surface water projects with no habitat impacts, temporary impacts to wetlands, and permitting trails is sensitive area buffers. This section clearly identifies prohibited activities, general and specific to a sensitive area. The old temporary emergency exemption procedure and criteria for wetlands are revised and expanded to all sensitive areas. The nonconforming activities section is referenced here. • Subsection D,Administration and Interpretation: This subsection clarifies the duties, responsibilities and review authority of the Planning/Building/Public Works Administrator or designee in administering these regulations. The general provisions are taken from the old wetlands section and applied to all sensitive areas. Specific flood hazard language is transferred from the old section and amended to include more specific flood elevation information requirements. • Subsection E, General Performance Standards and Allowed Alterations: This subsection refers the reader to the specific performance standards and alteration standards of the specific sensitive area subsections. City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 -Issue Paper October 28, 1999 Page 7 • Subsection F, Submittal Requirements and Fees: This subsection takes submittal requirements from the old wetlands section and applies them to all sensitive areas, including the requirement to locate sensitive areas on all submitted plans and encouraging applicants to have a preapplication consultation with staff. • Subsection G,Native Growth Protection Areas: This subsection takes the concept and content associated with"wetland management tracts", used for protection of wetlands and their buffers, and applies them to all sensitive areas as "native growth protection areas" (NGPA). NGPAs can either be separate tracts or easements. Additional standards are proposed to prohibit tree and grow cover removal in NGPAs and allow staff discretion to require enhancements of NGPAs. • Subsection H, Aquifer Protection: This subsection is reserved for a future recodification of the Aquifer Protection Area regulations, currently in Chapter 8 of the RMC. • Subsection I, Flood Hazards: Most of the language in this subsection is transferred from the old Flood Hazard Regulations, Section 4-3-060 RMC. New concepts are as follows: 1)provide flood hazard information on subdivision proposals; 2) submitted flood elevation data shall exceed FEMA standards; 3) setting a 1 foot minimum elevation above the base flood elevation; 4)providing more criteria for when activities can occur in floodways; and 5)requiring compensatory storage so that the pre-development flood storage volume is not reduced. • Subsection J, Geologic Hazards: This subsection replaces the Greenbelt Regulations, Section 4-3-070 RMC. This section requires geotechnical studies and independent secondary review. The requiring studies were discretionary under the old regulations. Standards for slopes of 40% or greater have been amended. The new standards allows for three exemptions to the development prohibition for 40%or greater slopes: 1) manmade slopes created per a modification process; 2) construction, reconstruction, and/or additions to single-family homes and accessory structures on predominately characterized by 40% slopes, subject to approval of a variance; and 3) installation of public utilities and widening of public roads, under specific circumstances. Unless exempt development is allowed, all 40% or greater slopes are required to be in undisturbed, and possibly enhanced,native growth protection areas. The old regulations did not allow any development in 40% or greater slopes but also did not require protection in native growth protection areas. 10110 *tide City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Issue Paper October 28, 1999 Page 8 Erosion control plans and on-site inspections are required for any proposed development on slopes of 25-40%, in medium, high and very high landslide hazard areas, and high erosion hazard areas. The old regulations did not have any specific erosion control requirements. In very high landslide hazard areas all development, except a single-family home on an existing lot of record—subject to a variance approval, is prohibited. A minimum buffer requirement is identified from the top, toe, and sides of these areas. Very high landslide hazard areas must be located protected in native growth protection areas, unless modified through a geotechnical study. There are no specific requirements for landslide hazard areas in the old regulations. Reports are required for medium and high coal mine hazard areas. Additional standards are also identified for coal mine hazard areas. The old regulations have no specific requirements dealing with coal mine hazards. The old method for determining what is a steep lope has been replaced with the language in subsection 4-3-050.B.4.b. The density limitations and lot coverage reductions for steep slopes<40%have been eliminated. Section 4-4-060: To be consistent with Section 4-3-050.J., this section is being revised to prohibit the creation of very steep slopes, i.e., 40% or greater, on new lots. CONCLUSION With the Planning Commission's concurrence, staff is proposing the following schedule for reviewing the Sensitive Areas Ordinance: November 3: - Section 4-3-050, Sensitive Areas Regulation: - Subsection A, Purpose - Subsection B, Applicability : Sensitive Areas Designations and Mapping - Subsection C, Applicability, Exempt, Prohibited and Nonconforming Activities - Subsection D, Administration and Interpretation - Subsection E, General Performance Standards and Allowed Alterations - Subsection F, Submittal Requirements - Subsection G, Native Growth Protection Areas - Subsection I, Flood Hazards - Subsection J, Geologic Hazards - Chapter 4-1, Administration and Enforcement - Section 4-4-060, Grading, Excavation and Mining - Section 4-7-130, Environmental Consideration-General Requirements and Minimum Standards _ 440, City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Issue Paper October 28, 1999 Page 9 - Section 4-8-120, Submittal Requirements - Specific to Application Type - Section 4-10-010, Completion and Restoration of Existing Nonconforming Uses, Structures and Lots - Administrative Flood Hazard Guidelines November 17: Section 4-3-050, Sensitive Areas Regulation: Subsection K, Habitat Conservation - Subsection M, Wetlands - Subsection N, Alternates, Modifications and Variances - Subsection 0, Appeals - Subsection P, Assessment Relief - Subsection Q, Violation and Penalties - Subsection R, Maps - Chapter 1-3, General Penalty - Section 4-4-030, Development Guidelines and Regulations December 1: - 4-4-130, Tree Cutting and Land Clearing - Section 4-9-070, Environmental Review Procedures - Chapter 4-11, Definitions - Section 4-3-050, Sensitive Areas Regulation: - Subsection H, Aquifer Recharge (reserved section) - Subsection L, Shorelines, Streams and Lakes (reserved section) December 15: - Final Review and Recommendation Supplemental staff reports will be prepared prior to each of the above meetings with detailed background and analysis of those portions of the SAO to be discussed at the particular meeting. REJ/ Jenkins/Sensitive Area/PC issue paper 102899.doc Cc: Betty Nokes, Director, EDNSP Rebecca Lind, Principal Planner, EDNSP *to *No CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: November 3, 1999 TO: City of Renton Planning Commission FROM: Sue Carlson, Administrator 4/ Economic Development Neighborhoods and Strategic Planning Department STAFF CONTACT: Robert Jenkins, Senior Planner, EDNSP SUBJECT: Sensitive Areas Ordinance- Public Draft#1 (Supplemental Issue Paper) ISSUE The Sensitive Areas Ordinance(SAO)proposal reorganizes and amends existing sensitive areas regulations(flood hazards, geologic hazards and wetlands), establishes new regulation of critical habitat areas, and establishes reserved sections from aquifer protection and shorelines, streams and lakes. City Council adoption of the proposed regulatory language is anticipated for late- January/early February 2000. Detailed Background and Analysis of the SAO to be Discussed at the November 17th, December 1st, and December 17th Planning Commission Meetings: Section 4-3-050: Sensitive Areas Regulation: This section is the focus of the City's regulation of sensitive areas. The following text will provide background and analysis of the proposed organization, content and proposed changes. • Subsection K,Habitat Conservation: The City currently regulates and protects critical plant and animal habitat via the State Environmental Policy Act(SEPA) environmental review process and the City's current wetland, tree cutting and land clearing, and shoreline regulations. Subsection K is a new section which codifies and provides detail to the way the habitat is currently regulated. Based on the criteria for what is considered critical habitat, found in Subsection 4-3-050.B.5., assessments of habitats are required when regulated activities could cause significant impacts. Critical habitat areas and any required buffer are required to be placed in native 4 `rr City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Supplemental Issue Paper November 3, 1999 Page 2 growth protection areas (NGPAs). Any proposed alterations to habitat will require mitigation. Mitigation is to be permitted only if avoidance and/or minimizing impacts is not possible. The section identifies two types of mitigation: on-site and off-site. Mitigation is to be "in-kind", i.e., the small type of habitat as that impacted, unless greater functional or habitat value be achieved by replacing impacted habitat with a different type. ■ Subsection L, Shorelines, Streams and Lakes: This section is reserved. Regulatory language dealing with shorelines, streams and lakes will be inserted in the SAR once the City receives clear direction from the National Marine Fisheries Service and Tri-County Group on what kind of regulatory measures are needed to deal with Chinook salmon and Bull trout habitat, in light of the species' March and November 1999 listings under the Endangered Species Act. It is anticipated that this direction should be available by mid-2000. In the interim, shorelines, streams and lakes continue to be regulated via Section 4-3-090 (Shoreline Master Program Regulations), Section 4-4-130 (Tree Cutting and Land Clearing),regulation of other sensitive areas in Section 4-3-050, i.e., flood hazards, geologic hazards,habitat conservation and wetlands, and through the SEPA process. ■ Subsection M, Wetlands: Most of the language in this subsection is transferred from the old Wetland Regulations, Section 4-3-110 RMC. The applicability section provides clarification to transferred language as to what is not a regulated wetland and provides new language exempting certain types of Category 3 wetlands from regulation. Under the new regulations an applicant would need to undertake a study to classify any wetland within 100 feet,rather than 25 feet, of the property line or proposed development area. The procedure for delineating the actual edge of wetlands is being revised to: 1)utilize a newer identification and delineation manual; 2)require consistency of wetlands, contiguous to open freshwater,with the State Wetland Rating System; and 3) validity of wetland delineation is being increased from 2 to 5 years. New language is added to permit dual classification of certain wetlands, depending upon their features. Wetland buffers are to be required for enhanced wetlands, as well as created and restored wetlands. The language is clarified to require the applicant to utilize buffer reduction and/or buffer averaging standards before requesting a variance to standard wetland buffer widths. Language is revised to allow the City to require the applicant to provide documentation for increased buffer widths. Buffer width reduction standards are revised to require public notification of a request to reduce buffer widths and clarify that buffer width reductions over 25% or resulting in widths less than 25' require variances. Buffer width averaging standards are revised to state that buffer width averaging is at the City's discretion,not the applicant's, clarify that buffer width reductions over 50% or resulting in widths less than 25' require variances, and require buffer enhancement on a case-by case basis. `wie Crf of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Supplemental Issue Paper November 3, 1999 Page 3 The old concept of wetland management tracts has been replaced with native growth protection areas, as discussed in Subsection 4-3-050.G. Transferred language requiring applicants to look at ways to develop property without impacting wetlands is revised to clarify that this requirement does not apply to exempt activities and identifying two additional ways to compensate for permanent impacts to wetlands or their buffers. Transferred language identifying how an applicant compensates for wetland impacts is revised to: 1) add a definition of"no-net-loss"of wetland function or acreage; 2) allow for wetland enhancement when conducted in conjunction with wetland creation or restoration activities; 3)refer to Subsection 4-3-050C.5.f.3. for how to compensate for temporary wetland impacts which would be allowed under these revisions; and 4) state that mitigation for the Glacier Park Company property will be conducted per an existing agreement with the City. A new section is added giving the City the authority to decide the final make-up of any mitigation approach, e.g.,restoration and/or creation with or without enhancement. The old`wetlands creation" and"wetlands restoration"sections are combined into one section. The transferred language is revised to allow created or restored wetlands to be of a lower category in one circumstance: Category 2 wetlands maybe created or resorted at 150% of the requirement for Category 1 shrub-scrub or emergent wetlands,where creating or restoring Category 1 wetlands is not feasible. The transferred language dealing with increased creation/replacement ratios is revised to deal with correcting illegal wetland alterations which would not trigger SEPA review. The transferred language dealing with decreased creation/replacement ratios is expended to allow for decreased ratios of Category 1 and 2 wetlands, in addition to Category 3. The language ties the reduced ratios to the type of wetland, i.e., forested, shrub-scrub or emergent. The reduction in replacement ratios is only allowed if an applicant creates a wetland, at the lower ratio, and can show that it is functioning successfully for a specified time period, depending upon the type of wetland. Language is added to state that, other than in these specific circumstances the restoration/creation ratios of 4-3-050.M.11.e. may be reduced only through modification or variance. A new section on wetland enhancement is proposed. Wetland enhancement improves the functioning of existing wetlands,while wetland restoration reestablishes wetland functional characteristics and processes in an area where they have been destroyed. Wetland enhancement will be permitted only in conjunction with restoration or creation. Wetland enhancement may only be used on Category 2 and 3 wetlands, and Category 1 wetlands under special circumstances. In the example of a 1 acre Category 2, forested wetland,the creation/replacement ratio requires that 3 acres of forested Category 2 wetland be restored or created. Using enhancement, 1.5 acres of forested Category 2 wetland would have to be created/restored and 1.5 acre of forested Category 3 wetland enhanced. The City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Supplemental Issue Paper November 3, 1999 Page 4 restoration/creation/enhancement ratios of 4-3-050.M.12.d. may only be reduced through modification or variance. Transferred mitigation bank language is revised to state which city department maintains mitigation bank information and who would approve use of private mitigation banks. • Subsection N, Alternates, Modifications and Variances New language is added identifying the procedures for granting modification to geologic hazards and wetland regulations. Variance criteria is moved to 4-9-250 and just referenced in this section. • Subsection 0,Appeals: A new section referring to 4-1-050 and 4-8-110 is added. • Subsection P, Assessment Relief: The reference to reducing King County assessments for wetland property is deleted since it is policy language and the city has not jurisdiction over King County regulated wetland. • Subsection Q, Violations and Penalties: A new section is added referring to 1-3 for detail violation and penalty language. • Subsection R, Maps: A set of maps is added for: flood hazards, coal mine hazards, erosion hazards, landslide hazards, seismic hazards and wetlands. Aquifer, steep slopes, and shorelines/streams/lakes maps will be added at a later time. Section 4-4-130, Tree Cutting and Land Clearing: The purpose section is revised to allow for tree and ground cover removal under specific circumstances. An applicability section has been added for this section. The exemptions section is revised to allow for five additional exempt activities and contains relocated and revised minor tree cutting and landscaping and gardening provisions. The new exempt activities are: clearing associated with agricultural activities, commercial nurseries and tree farms, expansion of public roads, site investigative work prior to development, and operational mines and quarries. The"minor tree cutting activities" section is revised as follows: to allow use of mechanical equipment; unrestricted tree cutting on developed lots is limited to only those less than 0.5 acre in size; unrestricted tree cutting is allowed on partially developed lots less than 0.5 acre; tree cutting on partially developed lots 0.5 acre or greater and undeveloped lots is allowed as before with an added condition that rights-of-way may City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Supplemental Issue Paper November 3, 1999 Page 5 not be obstructed during tree cutting. The landscaping and gardening exemption is revised to require compliance with the minor tree cutting and sensitive area restriction provisions of the section. The"restrictions on sensitive areas" section has been revised to refer to the Native growth protection area and very high landslide hazards sections of the Sensitive Areas Regulation, 4- 3-050. In addition, existing language dealing with creeks, streams, lakes and shorelines, found in several places in this section, has been relocated and consolidated here, with no significant change in content. In a new permit section, language is added to require an approved land development permit prior to any tree cutting or land clearing associated with future development. Language and criteria authorizing maintenance and thinning of timber stands has been added. Language and criteria has been added authorizing tree cutting for solar access and pasture creation purposes. Plan submittal requirements have been expanded to require that trees proposed to be removed or retained in various situations be shown on submitted plans. Additional review criteria have been added to increase protection of environmental features when tree cutting and land clearing is proposed. New language is added to give the city authority to both restrict clearing and/or require sequencing and phasing of the land clearing. Language has been added to identify standards for tree and ground cover retention. Language strengthening the City's ability to require vegetation restoration when dealing with violations has been added. CONCLUSION With the Planning Commission's concurrence staff is proposing the following schedule for reviewing the Sensitive Areas Ordinance: November 3: Section 4-3-050, Sensitive Areas Regulation: - Subsection A, Purpose - Subsection B, Applicability : Sensitive Areas Designations and Mapping Subsection C, Applicability, Exempt, Prohibited and Nonconforming Activities - Subsection D, Administration and Interpretation - Subsection E, General Performance Standards and Allowed Alterations - Subsection F, Submittal Requirements - Subsection G, Native Growth Protection Areas - Subsection I, Flood Hazards Subsection J, Geologic Hazards Chapter 4-1, Administration and Enforcement City of Renton Planning Commission Sensitive Areas Ordinance Public Draft#1 - Supplemental Issue Paper November 3, 1999 Page 6 - Section 4-4-060, Grading, Excavation and Mining - Section 4-7-130, Environmental Consideration-General Requirements and Minimum Standards - Section 4-8-120, Submittal Requirements - Specific to Application Type - Section 4-10-010, Completion and Restoration of Existing Nonconforming Uses, Structures and Lots - Administrative Flood Hazard Guidelines November 17: Section 4-3-050, Sensitive Areas Regulation: - Subsection K, Habitat Conservation - Subsection M, Wetlands - Subsection N, Alternates, Modifications and Variances - Subsection 0, Appeals - Subsection P, Assessment Relief - Subsection Q, Violation and Penalties - Subsection R, Maps - Chapter 1-3, General Penalty - Section 4-4-030, Development Guidelines and Regulations December 1: - 4-4-130, Tree Cutting and Land Clearing - Section 4-9-070, Environmental Review Procedures - Chapter 4-11, Definitions - Section 4-3-050, Sensitive Areas Regulation: - Aquifer Recharge (reserved section) - Shorelines, Streams and Lakes (reserved section) December 15: - Final Review and Recommendation REJ/ Jenkins/Sensitive Area/PC issue paper 110399.doc Cc: Betty Nokes, Director, EDNSP Rebecca Lind, Principal Planner, EDNSP Sensitive Areas Ordinance - An Overview October 20, 1999 r'Rob Jenkins 24'Senior Planner iEconomic Development,Neighborhoods and Strategic Planning Reasons for the Sensitive Areas Components of the Sensitive Areas Ordinance Ordinance Work Program wChanges to: • Chapter 1-3,General Penalty • Chapter 4-1,Administration and Enforcement r'An overlap exists between: • sea 4-3-050,Sensitive Areas Regulation(SAR) • Sec.4-4-030,Development Guidelines and Regulations •Wetlands Regulations(4-3-110); • Sec.4-4-130,Grading.Excavation and Mining •Tree Cutting and Land Clearing Regulations • Sec.4-7-130,Environmental Consideration-Gen..Req..&Stds. (4-4-130);and • sec.4-11-120,Submittal Requirements • sec.4-9-070,Environmental Review Procedures •Greenbelt Regulations(4-3-070). • Sec.4-9-250,variances,Waivers,Modifications and Alternates • Sec.4-10-010,Camp.&Rest of Ex.Noncon.Uses/Shucames/ Lots • Chapter 4-I 1,Definitions • Flood Hazard Regs-Admin.Guidelines Objectives of the Sensitive Areas Ordinance Objectives of the Sensitive Areas Ordinance (cont.) Retain regulations which are consistent with Organize existing and future environmental the Comprehensive Plan regulations into one new section: 'Ensure that Comprehensive Plan policies •Aquifer Recharge[Reserved] are being implemented •Flood Hazards •Geologic Hazards ?►'Keep current with environmental case law •Shorelines,Streams and Lakes[Reserved] •Wetlands 1 Objectives of the Impact of the Sensitive Areas Ordinance Endangered Species Act(ESA) (cont.) 26,On March 16, 1999,the National Marine Fisheries Service(NMFS)listed the Puget Add Habitat Conservation regulations Sound Chinook salmon as"endangered" .'Reassess regulations to create a balance under the ESA. between: z•'The Federal government has postponed • resource protection, enforcement of the listing until it issues its •enforcement and "4(d)Rule"next spring or summer. • fairness to property owners Impact of the ESA Impact of the ESA (Continued) (Continued) The"4(d)Rules"will establish protective ?King,Pierce and Snohomish Counties have regulations for Chinook salmon. formed a group to develop a unified These rules are one of the mechanisms regional regulatory approach to deal with through which a local government(or other the salmon listing. government entity or private party)may 'The Tri-County effort will result in obtain assurance that activities it authorizes or conducts are legally permissible under regulations complying with 4(d)Rule, the ESA and consistent with conservation of which will be utilized by all local Puget Sound Chinook salmon. governments in the region. Relationship of SAO to the Relationship of SAO to the Endangered Species Act Endangered Species Act 'The Shorelines,Streams and Lakes The Sensitive Areas Ordinance(SAO) component of the SAO will be reserved and provides a firm foundation upon which to language inserted once we receive clear respond to the Endangered Species Act direction from the NMFS and Tri-County (ESA)listing of salmon. Group on what kind of regulatory measures are needed to deal with salmon habitat. 2 SAO Revisions to SAO Revisions to Chapter 1-3, General Penalty Chapter 4-1, Admin. &Enforcement aRelocates and expands penalty and violation a.Authorizes the PB/PW Administrator to language for: review and act on Sensitive Areas •Geologic Hazards Regulation(SAR)modifications, •Habitat Conservation allowances and determinations •Wetlands 24vAuthorizes the Hearing Examiner to review •Flood Hazard Areas act on variances from the SAR •Non-Shoreline Master Program Streams& zRelocates liability disclaimer language Lakes[Reserved] SAO Revisions to Section 4-3-050 Existing Section 4-3-050, Sensitive Areas Regulation Environmentally Sensitive Areas aw(A)Purpose Statements: a'Existing language relocated to Section 4-9- •Includes language for the following: 070,Environmental Review Procedures •General Sensitive Areas[Modified] 'Renamed as"Sensitive Areas Regulation" •Aquifer Protection[Reserved] a. •Flood Hazard[Modified] a "New"4-3-050 includes Flood Hazard, •Geologic Hazards[Modified] Geologic Hazard,Habitat Conservation,and •Habitat Conservation[New] Wetlands language and reserved Aquifer •Shorelines,Streams and Lakes[Reserved] and Shorelines/Streams/Lakes sections •Wetlands[Modified] Sensitive Areas Regulation Sensitive Areas Regulation (continued) (Continued) z(B)Applicability:Sensitive Areas Designations/Mapping •Includes language for the following: aw(C)Applicability:Exempt,Prohibited and •Aquifer Protection[Reserved] Nonconforming Activities •Flood Hazard[Modified] •Includes new and modified language dealing •Geologic Hazards(Steep Slopes and Landslide, with exempt and prohibited activities in the Erosion,Seismic and Coal Mine Hazards)[New] various sensitive areas •Habitat Conservation[New] •Shorelines,Streams and Lakes[Reserved] •Wetlands[Modified] 3 Sensitive Areas Regulation Sensitive Areas Regulation (Continued) (Continued) a(E)General Performance Standards and Allowed Alterations zw(D)Administration and Interpretation •New language which provides a framework for •Includes new and modified general and specific the specific performance standards found sensitive area language detailing the duties and elsewhere in the SAR responsibilities of the Planning/Building/Public Works Administrator in Administering the SAR w(F)Submittal Requirements and Fees •New and modified language which provides a framework for more specific requirements found elsewhere in the Code • Sensitive Areas Regulation (Continued) Sensitive Areas Regulation (Continued) a (G)Native Growth Protection Areas •New and modified language describing how vo(I)Flood Hazards sensitive area buffers are protected through native growth protection areas for a variety of •Relocates and modifies portions of existing sensitive areas in the city Section 4-3-060,Flood Hazard Regulations r(H)Aquifer Protection •Includes new criteria for encroachment into •This section is reserved. The current aquifer floodways and new standards for compensatory n protection area regulations will be recodified as storage part of the SAR in the near future Sensitive Areas Regulation (Continued) Sensitive Areas Regulation (Continued) "(J)Geologic Hazards •This section addresses and replaces many of the r(K)Habitat Conservation concepts found in existing Section 4-3-070, Greenbelt Regulations: •This new section requires assessments of •Steep Slopes(25-40%and 40%)[New] critical plant or wildlife habitats,establishments •Landslide Hazards[New] of native growth protection areas,and •Erosion Hazards[New] mitigation for any disturbance to existing •Seismic Hazards[New] habitat •Coal Mine Hazards[New] 4 Sensitive Areas Regulation Sensitive Areas Regulation (Continued) (Continued) a(L)Shorelines,Streams and Lakes • This section is reserved. Regulatory language to be s (M)Wetlands added once we find out what approaches to preserving •This section relocates and modifies much of and restoring salmon habitat will be acceptable to the existing Section 4-3-110,Wetland Regulations Federal government. •New concepts include: • Federal direction on the ESA listing is anticipated by next spring or summer. •Defming non-regulated Category 3 wetlands • Until then,shorelines,stream and lakes will continue to •New criteria dealing with wetland creation, be protected via the Shoreline Master Program replacement and mitigation regulations,Section 4-4-130,and the SEPA process. •New standards and criteria dealing with wetland enhancement Sensitive Areas Regulation Sensitive Areas Regulation (Continued) (Continued) s(N)Alternates,Modification and Variances a(0)Appeals •Provides specific new criteria for granting •Refers to Section 4-1-050 for regulation modifications related to geologic hazards and s'(P)Assessment Relief-Wetlands wetlands •Relocates existing language dealing with •Variance criteria for all sensitive areas exempting wetlands from special assessments regulations are found in Section 4-9-250 but are 2•,(Q)Violations and Penalties referenced here •Refer to Chapter 1-3 for regulation Sensitive Areas Regulation Deleted Sections (Continued) zw(R)Maps s'The following sections have been deleted •Provides new maps and mapping criteria for: and much of their concepts and language •Coal Mine Hazards folded into other parts of the Code: •Erosion Hazards •4-3-060,Flood Hazard Regulations •Landslide Hazards •4-3-070,Greenbelt Regulations •Seismic Hazards •4-3-110,Wetland Regulations •Steep Slopes[Reserved] • Provides new Wetlands maps 5 SAO Revisions to Section 4-4-030,Development SAO Revisions to Guidelines and Regulations Section 4-4-060, Grading, Excavation and Mining Regulations "Strikes reference to Greenbelt and Wetland Regulations 26'Revises language to prohibit creation, "Inserts references to the Sensitive Areas through cut and fill procedures,of Regulation(4-3-050) subdivision lots with 40%or greater slopes SAO Revisions to SAO Revisions to Section 4-4-130, Section 4-4-130, Tree Cutting and Land Clearing Tree Cutting and Land Clearing M'Modifies prohibitions on trees cutting in a 'Modifies the purpose statements variety of sensitive areas and their buffers 2'Modifies exemption language dealing with "Modifies the requirement for land agricultural activities,public road development permits prior to tree cutting or expansion,site investigation work, land clearing for development allowable tree cutting and mining and 'Establishes new criteria for thinning of quarrying timber stands SAO Revisions to SAO Revisions to Section 4-4-130, Section 4-4-130, Tree Cutting and Land Clearing Tree Cutting and Land Clearing Establishes new criteria for cutting trees for solar access or pasture creation purposes ?►'Modifies criteria that all tree cutting and "Modifies submittal requirements to require land clearing activities shall abide by more specific plans be submitted for land 26'Establishes tree and ground cover retention development plans where tree removal is requirements and priorities proposed 6 SAO Revisions to SAO Revisions to Section 4-7-130, Section 4-8-120, Environmental Consideration- Submittal Requirements- Specific to General Req. and Min. Stds. Application Type Allows native growth protection area riRevisions to Submittal Requirements easements to be includes in minimum lot Tables based on SAR size calculations of new lots,provided there Pe New and revised definitions dealing with is adequate buildable area and yard space geotechnical reports,habitat,vegetation, elsewhere on the lot and wetlands zNew detailed requirements for geotechnical reports SAO Revisions to SAO Revisions to Section 4-9-070, Section 4-4-130, Environmental Review Procedures Variances,Waivers,Modifications and Alternates Relocated purpose statement,sensitive areas mapping,SEPA exemption and EIS 2wProvides new and modified variance criteria threshold language from the existing 4-3- dealing with flood hazards,wetlands,and 050,Environmentally Sensitive Areas other sensitive areas SAO Revisions to Section 4-10-010, SAO Revisions to Completion and Restoration of Chapter 4-11, Existing Nonconforming Uses, Definitions Structures and Lots wRelocated and modified language providing r'New and relocated definitions dealing with criteria for nonconforming activities and a variety of sensitive areas concepts structures in sensitive areas 7 lorof NNW New What's Next? Administrative Guidelines for The final staff draft of the SAO will be Flood Hazard Regulations complete by the end of October New guidelines set forth which division of The Planning Commission will be Planning/Building/Public Works has reviewing the document at its November responsibility for administering which 3rd and 17th meetings • section of the Flood Hazard component of .'The Planning and Development Committee the Sensitive Areas Regulation will review the document at its December and early January meetings Adoption is scheduled for late January, 2000 • ECONOMIC DEVELOPMFNr/S ATPLNPLAMINGJENK1Ns/ sENSmvE AREAS1RPC SAO OVERVIEW 1020 QMd99) 8 CITY OF RENTON SENSITIVE AREAS ORDINANCE Public Draft #1 October 25, 1999 *to Niro TABLE OF CONTENTS Chapter 1-3, General Penalty, with Proposed Revisions 13 Chapter 4-1, Administration and Enforcement, with Proposed Revisions 19 Chapter 4-3, Environmental Regulations and Special Districts Section 4-3-050,Sensitive Areas Regulations (Currently Environmentally Sensitive Areas) 27 A. PURPOSE 28 1. General(4-3-110.B. with modifications, plus other) 2. Aquifer Protection [Reserved] 3. Flood Hazards (4-3-060.B. with modifications) 4. Geologic Hazards (4-3-070.B. with modifications) 5. Habitat Conservation 6. Shorelines, Streams and Lakes [Reserved] 7. Wetlands (4-3-110.B. with modifications) B. APPLICABILITY: SENSITIVE AREAS DESIGNATIONS/MAPPING 30 1. Lands to Which These Regulations Apply 2. Aquifer Protection [Reserved] 3. Flood Hazards a. Applicability(4-3-060.D. with modifications) b. Areas of Special Flood Hazard(4-11-010 with modifications) c. Mapping and Documentation (4-3-060.D. with modifications) 4. Geologic Hazards (previously Greenbelts) a. Applicability b. Steep Slopes i. Method of Steep Slope Measurement(4-3-070.C.3.a.) ii. Slope Types c. Landslide Hazards i. Low Landslide Hazard (LL) ii. Medium Landslide Hazard (LM) iii. High Landslide Hazards (LH) iv. Very High Landslide Hazards (LV) d. Erosion Hazards i. Low Erosion Hazard (EL) ii. High Erosion Hazard (EH) e. Seismic Hazards i. Low Seismic Hazard (SL) ii. High Seismic Hazard (SH) f. Coal Mine Hazards i. Low Coal Mine Hazards (CL) ii. Medium Coal Mine Hazards (CM) iii. High Coal Mine Hazard (CH) g. Mapping City of Renton Sensitive A1 (s Ordinance — Public Draft#1 October 25, 1999 Table of Contents Page 4 5. Habitat Conservation a. Applicability b. Critical Habitat c. Mapping 6. Shorelines, Streams and Lakes [Reserved] a. Applicability [Reserved] b. Definitions [Reserved] c. Mapping [Reserved] 7. Wetlands a. Applicability b. Classification System (4-3-110.1. with modifications) i. Category 1: Very High Quality Wetlands(4-3-110.1. with modifications) ii. Category 2: High Quality Wetlands (4-3-110.1. with modifications) iii. Category 3: Lower Quality Wetlands (4-3-110.1. with modifications) c. Maps and Inventory(4-3-110.E.1. with modifications) d. Delineation of Wetland Edge (4-3-110.E.1. with modifications) e. Regulated and Non-Regulated Wetlands C. APPLICABILITY: EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES 35 1. Applicability(4-3-110.F.1.b. with modifications, 4-3-110.D.1. with modifications) a. General(4-3-110.F.1.a. with modifications) b. Aquifer Protection Areas: [Reserved] c. Shorelines, Streams and Lakes: [Reserved] 2. Permit Required(4-3-110.D.1. with modifications) 3. Finding of Conformance Required 4. Letter of Exemption a. When Required i. Flood Hazards, Geologic Hazards, Habitat Conservation, and Wetlands (4-3-110.G.2. with modifications) ii. Aquifer Protection[Reserved] iii. Shorelines, Streams and Lakes [Reserved] b. Applicability of Section Requirements to Exempt Activities c. Administrator Findings (4-3-110.K.1. with modifications) 5. Specific Exemptions— Table (4-3-110.G. with modifications, 4-3-110.K. modifications, 4-4-130D. with modifications, 4-4-130.G. with modifications, 4-4-130.K. with modifications) a. Conservation, Enhancement, Education and Related Activities b. Research and Site Investigation c. Agricultural, Harvesting, Vegetative Management d. Surface Water e. Roads, Parks, and Public Utilities f. Wetland Disturbance, Modification and Removal g. Maintenance and Construction— Existing Uses and Facilities h. Emergency Activities i. Sensitive Area Buffers City of Renton Sensitive Areas fdinance — Public Draft#1 October 25, 1999 Table of Contents Page 5 6. Prohibited Activities a. General -All Sensitive Areas b. Prohibited Activities— Flooding (4-3-060.K.1, K.2. with modifications) c. Prohibited Activities—Shorelines, Streams and Lakes [Reserved] d. Prohibited Activities— Wetlands (4-3-110.K.3.) 7. Temporary Emergency Exemption Procedure a. Temporary Emergency Exemption Purpose (4-3-110.V.1. with modifications) b. Temporary Emergency Exemption Review Authority and Decision Criteria (4-3-110.V.1, la, lb with modifications) c. Temporary Emergency Exemption Letter Process and Timing (4-3- 110.V.2. with modifications) i. Time Limits(4-3-110.V.2.a. with modifications) ii. Restoration Required(4-3-110.V.2.b. with modifications) iii. Public Notice Required(4-3-110.V.2.d. with modifications) iv. Expiration of Exemption Authorization (4-3-110V.2.e. with modifications) 8. Non-Conforming Activities or Structures (4-3-110.F.1.d. with modifications) D. ADMINISTRATION AND INTERPRETATION 46 1. General Provisions—All Sensitive Areas a. Duties of Administrator(4-3-110.C.1.) b. Interpretation (4-3-110.C.2.) c. Compliance (4-3-110.F.2. with modifications) d. Review Official 2. Aquifer Protection [Reserved] 3. Flood Hazards a. Duties and Responsibilities of the Department Administrator or Designee (4-3-060.F.2, 2a, 2b, 2c with modifications) b. Information to Be Obtained and Maintained(4-3-060.G.) i. Record Required(4-3-060.G. 1. with modifications) ii. Elevations and Certificates(4-3-060.G.2. with modifications) iii. Public Records (4-3-060.G.3. with modifications) c. Alteration of Watercourses(4-3-060.H. with modifications) i. Notice Required(4-3-060.H.1. with modifications) ii. Maintenance (4-3-060.H.2. with modifications) d. Interpretation of Firm Boundaries(4-3-060.1. with modifications) e. Record Required(4-3-060.0.2. with modifications) 4. Review Authority a. Review Authority—General b. Review Authority- Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands i. Geologic Hazards ii. Habitat Conservation iii. Shorelines, Streams and Lakes [Reserved] iv. Wetlands (4-3-110.0. with modifications, plus other) 5. Authority to Approve, Condition and Deny- General 6. Authority to Approve, Condition and Deny— Shorelines, Streams and Lakes [Reserved] City of Renton Sensitive Art. Ordinance — Public Draft#1 41.0 October 25, 1999 Table of Contents Page 6 E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS 49 1. Performance Standards 2. Protection of Sensitive Area 3. Allowed Alterations F. SUBMITTAL REQUIREMENTS AND FEES 50 1. Applicability(4-3-110.L.1. with modifications) 2. Pre-application Consultation (4-3-110.L.2. with modifications) 3. Plans Required(4-3-110.L.3. with modifications) 4. Submittal Requirements 5. Fees (4-3-110.L.5. with modifications) 6. Waiver of Submittal or Procedural Requirements (4-3-110.L.7.) G. NATIVE GROWTH PROTECTION AREAS 50 1. When Required 2. Standards 3. Method of Creation (4-3-110.T.3. with modifications) a. Easement(4-3-110.T.3.a. with modifications) b. Tract and Deed Restriction (4-3-110.T.3.b. with modifications) 4. Marking During Construction (4-3-110.T.4. with modifications) 5. Signage Required(4-3-110.T.7. with modifications) 6. Responsibility for Maintenance (4-3-110.T.5. with modifications) 7. Maintenance and Maintenance Note Required(4-3-110.T.6. with modifications) H. AQUIFER PROTECTION [Reserved] 51 FLOOD HAZARDS 51 1. Applicability 2. General Standards (4-3-060.J.1.) a. Anchoring--All New Construction (4-3-060.J.1.a.) b. Anchoring--Manufactured Homes (4-3-060.J.1.b.) c. Construction Materials and Methods (4-3-060.J.2.) d. Utilities (4-3-060.J.3.) i. Water(4-3-060.J.3.a. with modifications) ii. Sewer(4-3-060.J.3.b. with modifications) iii. Waste Disposal (4-3-060.J.3.c. with modifications) e. Subdivision Proposals (4-3-060.J. 4.a, b, c, plus other) f. Project Review i. Building Permits (4-3-060.J.5. with modifications) ii. Land Use Applications (4-3-060.J.4.d.) 3. Specific Standards (4-3-060.J.6. with modifications) a. Residential Construction (4-3-060.J.6.ai-ay. with modifications) b. Manufactured Homes (4-3-060.J.6.c. with modifications) c. Nonresidential Construction (4-3-060.J6.b. with modifications) 4. Additional Restrictions within Floodways (4-3-060.K. with modifications) a. Increase in Flood Levels Prohibited(4-3-060.K.1. with modifications) b. Residential Construction in Floodways (4-3-060.K.2.) City of Renton Sensitive Areas Ildinance — Public Draft#1 October 25, 1999 Table of Contents Page 7 5. Compensatory Storage a. Compensatory Storage Required b. Additional Requirements - Springbrook Creek c. Determining Finished Floor Elevations According to FEMA J. GEOLOGIC HAZARDS 55 1. Applicability 2. Special Studies Required (4-3-070.E.2. with modifications) 3. Independent Secondary Review a. Required: Sites with Slopes 25% or Greater, and Medium, High, or Very High Landslide Hazards b. At City's Discretion: High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazard 4. Conditions of Approval —General (4-3-070.G.3. with modifications) 5. Slopes Forty Percent(40%)or Greater a. Development Prohibited On Steep Slopes Forty Percent(40%) or Greater (4-3-070.F.1. with modifications) b. Native Growth Protection Areas - Steep Slopes Forty Percent (40%) or Greater c. Conditions of Approval 6. Sensitive Slopes Twenty Five to Forty Percent (25-40%), Medium and High/and Very High Landslide Hazards, and High Erosion Hazards a. Erosion Control Plans b. Conditions of Approval c. On-site Inspections 7. Very High Landslide Hazards a. Development Restrictions b. Buffer Requirement c. Native Growth Protection Area-Very High Landslide Hazards 8. Coal Mine Hazards a. Medium Hazard - Report Required b. High Hazard - Report Required c. Conditions of Approval i. Additional Engineering Design and Remediation Specifications ii. Hazards Found During Construction iii. Construction in Areas with Combustion K. HABITAT CONSERVATION 58 1. Applicability 2. Habitat Assessment Required 3. Native Growth Protection Areas 4. Alterations Require Mitigation 5. Mitigation Options a. On-Site Mitigation b. Off-Site Mitigation c. In-Kind Mitigation L. SHORELINES. STREAMS AND LAKES [Reserved] 59 City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 Table of Contents Page 8 M. WETLANDS 59 1. Applicability a. Regulated and Non-Regulated Wetlands— General(4-3-110.F.1.c. with modifications) b. Non-Regulated Class 3 Wetlands 2. General Standards for Permit Approval(4-3-110.L.6. with modifications) 3. Study Required a. When Study Is Required i. Wetland Classification (4-3-110.E.2. with modifications) ii. Wetland Delineation (4-3-110.E.2.) b. Study Waived(4-3-110.E.2. with modifications) 4. Delineation of Regulatory Edge of Wetlands (4-3-110.H. with modifications) a. Methodology(4-3-110.H.2.) b. Delineations -Open Water c. Adjustments to Delineation by City(4-3-110.H.3.) d. Period of Validity for Wetland Delineation (4-3-110.H.4. with modifications) 5. Determination of Wetland Classification 6. Wetland Buffers (4-3-110.J.) a. Buffers Required(4-3-110.J.2. with modifications) b. Measurement of Buffers (4-3-110.J.3. with modifications) c. Standard Buffer Zone Widths (4-3-110.J.4. with modifications) d. Increased Wetland Buffer Zone Width (4-3-110.J.5. with modifications) e. Reduction of Buffer Width (4-3-110.J.6. with modifications) f. Averaging of Buffer Width (4-3-110.J.7. with modifications) 7. Wetlands- Native Growth Protection Areas (4-3-110.T. with modifications) a. Protection Area Required(4-3-110.T.1. with modifications) b. Establishment(4-3-110.T.2. with modifications) c. Fencing May Be Required(4-3-110.T.8. with modifications) 8. Wetland Changes -Alternative Methods of Development(4-3-110.L.4.i, i.iv. with modifications) 9. Compensating For Wetlands Impacts (4-3-110.D.2.) a. Goal(4-3-110.M.1.) b. Plan Requirements (4-3-110.M.3.) c. Plan Performance Standards (4-3-110.M.2. with modifications) d. Acceptable Mitigation - Permanent Wetland Impacts (4-3-110.D.2.a. with modifications) e. Restoration, Creation, or Combined Enhancement Required- Compensation for Permanent Wetland Impacts (4-3-110.D.2.b. with modifications) f. Compensating for Temporary Wetland Impacts g. Mitigation Bank Agreement- Glacier Park Company 10. Wetlands Compensation--Restoration, Creation, and Enhancement City of Renton Sensitive Areas 17rdinance— Public Draft#1 October 25, 1999 Table of Contents Page 9 11. Wetlands Creation and Restoration a. Creation or Restoration Proposals (4-3-110.M.5.a. with modifications) b. Compliance with Goals (4-3-110.M.5.b. with modifications) c. Category(4-3-110.M.4.a. with modifications) d. Design Criteria (4-3-110.M.4.b. with modifications) e. Acreage Replacement Ratio (4-3-110.M.4.c.) f. Increased Creation/Restoration/Replacement Ratios (4-3-110.M.4.d. with modifications) g. Decreased Creation/Restoration/Replacement Ratios (4-3-110.M.4.e. with modifications) h. Category 3 Replacement Option (4-3-110.M.4.f. with modifications) i. Minimum Restoration/Creation Ratio 12.Wetland Enhancement-Combined with Restoration and Creation a. When Permitted b. Evaluation Criteria c. Wetlands Eligible for Enhancement d. Mitigation Ratios e. Ratio Modification and Minimum Restoration/Creation Ratio 13. Out-of-Kind Replacement(4-3-110.M.6. with modifications) 14. Off-site Compensation a. When Permitted: (4-3-110.M.7.) b. Location (4-3-110.M.8. with modifications) c. Siting Recommendations (4-3-110.M.9.) d. Timing (4-3-110.M.10. with modifications) 15. Cooperative Wetland Compensation: Mitigation Banks or Special Area Management Programs(SAMP) (4-3-110.M.11.) a. Applicability(4-3-110.M.11.c.) b. Process (4-3-110.M.11.d.) c. Mitigation Banks (4-3-110.M.11.a.) d. Special Area Management Programs (4-3-110.M.11.b.) e. Compensation Payments to Mitigation Bank(4-3-110.M.11.e.) 16. Mitigation Plans (4-3-110.M.12.) a. Required for Restoration, Creation and Enhancement Projects (4-3- 110.M.12.a. with modifications) b. Timing for Mitigation Plan Submittal and Commencement of any Work (4-3-110.M.12.b. with modifications) c. Content of Mitigation Plan (4-3-110.M.12.c. with modifications) 17. Surety Devices (4-3-110.R.) a. Performance Surety Device Required(4-3-110.R.1.) i. Amount of Performance Surety Device (4-3-110.R.la. with modifications) ii. Breach of Conditions (4-3-110.R.1.b.) iii. Release of Performance Security Device (4-3-110.R.1.c.) b. Maintenance Surety Device Required(4-3-110.R.2. with modifications) N. ALTERNATES, MODIFICATIONS AND VARIANCES 72 1. Alternates (4-3-110.P.) a. Applicability City of Renton Sensitive Artiles Ordinance— Public Draft#1 `os" October 25, 1999 Table of Contents Page 10 2. Modifications (4-3-110.N. with modifications, plus other) a. Applicability i. Aquifer Protection [Reserved] ii. Geologic Hazards - Modifications iii. Wetlands—Modifications 3. Variances: (4-3-110.Q. with modifications) a. Aquifer Protection: [Reserved] b. Flood Hazards -Variances c. Geologic Hazards, Habitat Conservation, and Wetlands— Variance i. Applicability(4-3-110.Q.1. with modifications) ii. Variance Application Submittal(4-3-110.0.2. with modifications) iii. Review Authority(4-3-110.Q.3. with modifications) O. APPEALS 73 1. General(4-3-060.0.1. with modifications) 2. Record Required- Flood Hazards (4-3-060.).2. with modifications) P. ASSESSMENT RELIEF— WETLANDS (4-3-110.W.) 73 1. City Assessments (4-3-110.W.2.) Q. VIOLATION AND PENALTIES 73 1. Enforcement Officer(4-3-060.M.1.) 2. Penalties for Violations (4-3-110.Y.1.) R. MAPS 73 1. Aquifer Protection: [Reserved] 2. Flood Hazards 3. Geologic Hazards a. Coal Mine Hazards i. Map ii. Mapping Criteria b. Erosion Hazards i. Map ii. Mapping Criteria c. Landslide Hazards i. Map ii. Mapping Criteria d. Seismic i. Map ii. Mapping Criteria e. Steep Slopes: [Reserved] 4. Shorelines, Streams and Lakes [Reserved] 5. Wetlands Section 4-3-060, Flood Hazard Regulations, (To be Deleted) 77 Section 4-3-070, Greenbelt Regulations, (To be Deleted) 87 Section 4-3-110, Wetland Regulations, (To be Deleted) 93 Now City of Renton Sensitive Areas bedinance— Public Draft#1 October 25, 1999 Table of Contents Page 11 Chapter 4-4, Property Development Standards Section 4-4-030, Development Guidelines and Regulations-General, with Proposed Revisions 121 Section 4-4-060, Grading, Excavation and Mining Regulations, with Proposed Revisions 123 Section 4-4-130, Tree Cutting and Land Clearing Regulations, with Proposed Revisions 127 A. Purpose (modified) B. Applicability C. Exemptions (old 4-4-130.D., modified) D G. Prohibited and-Allowable Activities (old, 4-4-130.C., modified) 1), Exemptions E. Authority and Interpretation (old 4-4-130.B.) Property 1= F. Permits Required (portions of old 4-4-130.C. and new language) G F. Routine Vegetation Management Permit Review Process (old 4-4-130.F. and G., modified) H. Performance Standards for Land Development/Buildinq Permits (old 4-4- 130.K. and parts of old 4-4-130.E., modified) 1=I, Application-for-Routine-Vegetation-Management-Permit I. Variance Procedures (old 4-4-130.L.) (now a subsection of new 4-4- 130.G.) J. Violations and Penalties (old 4-4-130.M., modified) Time I imi+ for Permits (now a subsection of new 4-4-130.G.) L. Variance Procedures M. Violations and Penalties City of Renton Sensitive Ares Ordinance— Public Draft#1 October 25, 1999 Table of Contents Page 12 Chapter 4-7, Subdivision Regulations Section 4-7-130, Environmental Consideration — General Requirements and Minimum Standards, with Proposed Revisions 141 Chapter 4-8, Permits and Decisions Section 4-8-120, Submittal Requirements — Specific to Application Type 143 Chapter 4-9, Procedure and Review Criteria Section 4-9-070, Environmental Review Procedures, with Proposed Revisions 167 Section 4-9-250, Variances, Waivers, Modifications, and Alternates, with Proposed Revisions 187 Chapter 4-10, Nonconforming Structures, Uses and Lots Section 4-10-010, Completion and Restoration of Existing Nonconforming Uses/Structures and Lots, with Proposed Revisions 195 Chapter 4-11, Definitions, with Proposed Revisions 199 Flood Hazard Regulations —Administrative Guidelines 203 LEGEND Italicized Italicized text is text which existed in other sections of the Code and are being relocated to this new section. Gray Italicized Gray Italicized text are concepts that existed in other sections of the Code and are being relocated and rewritten to this new section. Underlined Underlined text are new concepts or language. City of Renton Sensitive Areas``itlinance — Public Draft#1 October 25, 1999 Chapter 1-3 RMC Page 13 1 CHAPTER 1-3 - GENERAL PENALTY: 2 3 4 1-3-1: General Penalties 5 1-3-2: Civil Penalties 6 1-3-3: Nuisance 7 1-3-4: Definitions 8 SECTION 1-3-1: GENERAL PENALTIES: 9 A. Violations: Any person convicted of a criminal violation of any section of this Code shall 10 be punished in accordance with RCW 9A.20.021(2), as now or hereafter amended, for 11 gross misdemeanors and RCW 9A.20.021 (3), as now or hereafter amended, for 12 misdemeanors. Whenever a specific penalty or range of penalties has been established 13 for a crime by the State legislature and that crime has been incorporated into the City's 14 Criminal Code, either directly or by reference, then the penalty ranges established by the 15 legislature shall govern and this provision shall not be enforced. 16 B. To What Acts Penalty Shall Attach: Any person who shall commit any act declared by 17 any section of this Code to be unlawful for which there is no stated penalty or who fails to 18 perform any act or discharge any obligation or duty required by or imposed upon him by 19 any ordinance for which there is no stated penalty shall be deemed guilty of a 20 misdemeanor and shall be subject to the penalty fixed for the violation with like effect as if 21 such penalty were specifically declared in the section forbidding such act or declaring the 22 same to be unlawful or prescribing the duty or imposing the obligation, and where any 23 duty is prescribed or obligation imposed or where any act which is of a continuing nature 24 is forbidden or declared to be unlawful, each day such duty or obligation remains 25 unperformed or such act continues shall constitute a separate offense except where 26 otherwise provided in this Code. 27 C. Penalties For Violations Of Shoreline Master Program Provisions: 28 1. Prosecution: Every person violating any of the provisions of this Master Program 29 or the Shoreline Management Act of 1971 shall be punishable under conviction by 30 a fine not exceeding one thousand ($1,000)dollars, or by imprisonment not 31 exceeding ninety(90) days, or by both such fine and imprisonment, and each 32 day's violation shall constitute a separate punishable offense. 33 2. Injunction: The City Attorney may bring such injunctive, declaratory or other 34 actions as are necessary to insure that no uses are made of the shorelines of the 35 State under the City's jurisdiction which are in conflict with the provisions and 36 programs of this Master Program or the Shoreline Management Act of 1971, and 37 to otherwise enforce provisions of this Chapter and the Shoreline Management 38 Act of 1971. 39 3. Public And Private Redress: Any person subject to the regulatory program of this 40 Master Program who violates any provision of this Master Program or the 41 provisions of a permit issued pursuant thereto shall be liable for all damages to 42 public or private property arising from such violation, including the cost of 43 restoring the affected area to its condition prior to such violation. The City 44 Attorney may bring suit for damages under this subsection on behalf of the City. 45 Private persons shall have the right to bring suit for damages under this 46 subsection on their own behalf and on behalf of all persons similarly situated. If 47 liability has been established for the cost of restoring an area affected by violation, City of Renton Sensitive Ar' Ordinance— Public Draft#1 `441.0 October 25, 1999 Chapter 1-3 RMC Page 14 48 the Court shall make provision to assure that restoration will be accomplished 49 within a reasonable time at the expense of the violator. In addition to such relief, 50 including monetary damages, the Court in its discretion may award attorney's fees 51 and costs of the suit to the prevailing party. 52 D. Penalties For Violations Of Fire Prevention Regulations: 53 1. Misdemeanor: Any person who shall violate any of the provisions of fire 54 prevention regulations or the Uniform Fire Code hereby adopted or fail to comply 55 therewith, or who shall violate or fail to comply with any order made thereunder, or 56 who shall build in violation of any detailed statement of specifications or plans 57 submitted and approved thereunder, or any certificate or permit issued 58 thereunder, and from which no appeal has been taken, or who shall fail to comply 59 with such an order as affirmed or modified by such proper authority or by a court 60 of competent jurisdiction, within the time fixed herein, shall severally, for each and 61 every such violation and noncompliance, respectively, be guilty of a 62 misdemeanor, punishable by a fine of not more than five hundred dollars 63 ($500.00) or by imprisonment for not more than ninety (90)days or by both such 64 fine and imprisonment. The imposition of one penalty for any violation shall not 65 excuse the violation or permit it to continue; and all such persons shall be 66 required to correct or remedy such violations or defects within a reasonable time; 67 and when not otherwise specified, each ten (10) days that prohibited conditions 68 are maintained shall constitute a separate offense. 69 2. General: The application of the above penalty shall not be held to prevent the 70 enforced removal of prohibited conditions. (Ord. 4462, 7-25-94; amd. Ord. 4723, 71 5-11-98) 72 E. Penalities for Violation of Sensitive Area Regulations. 73 1. Misdemeanor and Penalties for Conviction — Geologic Hazards, Habitat 74 Conservation, and Wetlands: It shall be unlawful for any person, firm, or 75 corporation to violate any applicable provisions of RMC 4-3-050. Any person, firm 76 or corporation violating any of the applicable provisions of RMC 4-3-050 shall 77 upon conviction be guilty of a misdemeanor, and each such person shall be 78 deemed guilty of a separate offense for each and every day or portion thereof 79 during which any violation of any of the applicable provisions of RMC 4-3-050 is 80 committed, continued or permitted; and upon conviction of any such violation such 81 person shall be punishable by a fine of not more than five hundred dollars 82 ($500.00), or by imprisonment for not more than ninety(90) days, or by both such 83 fine and imprisonment. 84 2. Misdemeanor and Penalties for Conviction — Flood Hazard Areas: It shall be 85 unlawful for any person, firm, or corporation to violate any applicable provisions of 86 RMC 4-3-050. Any person, firm or corporation violating any of the applicable 87 provisions of RMC 4-3-050 (including violations of conditions and safeguards 88 established in connection with conditions) shall upon conviction be guilty of a 89 misdemeanor. Any person who violates applicable provisions of RMC 4-3-050 or 90 fails to comply with any of its requirements shall upon conviction thereof be fined 91 not more than five hundred dollars ($500.00) or be imprisoned for not more than 92 one hundred eighty(180) days, or both, for each violation, and in addition shall 93 pay all costs and expenses involved in the case. Nothing herein contained shall 94 prevent the City of Renton from taking such other lawful action as is necessary to 95 prevent or remedy any violation. Now City of Renton Sensitive AreaslIrdinance — Public Draft#1 October 25, 1999 Chapter 1-3 RMC Page 15 96 3. Misdemeanor and Penalties for Conviction —Aquifer Protection fReservedl. 97 4. Misdemeanor and Penalties for Conviction —Non-Shoreline Master Program 98 Streams and Lakes (Reserved]. 99 5. Civil Penalties: Civil penalties as prescribed by RMC 1-3-2.C. (4), (11), (13), 100 (14), (15) and (16)ordinance or any other method allowed by law, may be used 101 by the City for any violations of RMC 4-3-050. 102 6. Violations Declared Nuisance: Any violations of the provisions of 103 RMC 4-3-050 shall be, and the same is declared to be unlawful and a public 104 nuisance and the City Attorney may, in addition to or in lieu of prosecuting a 105 criminal action hereunder, commence an action or actions, for the abatement, 106 removal and enjoinment thereof, in the manner provided by law;and shall take 107 such other steps as and shall apply to such court or courts as may have 108 jurisdiction to grant such reliefs as will abate or remove such violation and restrain 109 and enjoin any person, entity, business, corporation or partnership from 110 continuing or maintaining such violations contrary to the provisions of 111 RMC 4-3-050. 112 7. Suspension or Revocation of Permits: In addition to other penalties provided for 113 elsewhere, the City may suspend or revoke a permit if it finds that the applicant or 114 permittee has not complied with any or all of the conditions or limitations set forth 115 in the permit, has exceeded the scope of work set forth in the permit, or has failed 116 to undertake the project in the manner set forth in the approved application. 117 8. Tests: 118 a. Whenever there is insufficient evidence of compliance with any of the 119 provisions of this-cede RMC 4-3-050 or evidence that any action does not 120 conform to the requirements of this Code RMC 4-3-050, the Department 121 Administrator may require tests as proof of compliance to be made at no 122 expense to this jurisdiction. 123 b. Test methods shall be as specified by this-Cede RMC 4-3-050 or by other 124 recognized and accepted test standards. If there are no recognized and 125 accepted test methods for the proposed alternate, the Department 126 Administrator shall determine test procedures. 127 1-3-2 CIVIL PENALTIES: 128 A. Purpose: The purpose of this section is to establish an efficient system to enforce the 129 Code and ordinances of the City to establish monetary penalties for violations, and to 130 provide for a prompt hearing and decision on alleged violations. 131 B. Authority To Inspect: The Code Enforcement Officer or his/her designee may inspect 132 properties as necessary to determine whether permittees have complied with conditions 133 of the respective permits and, whenever there is reasonable cause to believe that a 134 permittee is in violation of the provisions as set forth in this Chapter, may enter upon such 135 premises at all reasonable times to inspect the same or to perform any other duty allowed 136 the Code Enforcement Officer by this Code. The Code Enforcement Officer shall present 137 proper credentials to the owner or other person in charge of the premises before 138 demanding entry. If such entry is refused or if the owner or tenant or person in charge of 139 the premises cannot be located, the Code Enforcement Officer or his/her designee shall 140 have recourse to every remedy provided by law to secure entry, including, but not limited 141 to, application for a search warrant. City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 Chapter 1-3 RMC Page 16 142 C. Violation: 143 1. Failure To Comply Is Violation: A failure to comply with the requirements of the 144 following sections shall be considered a violation subject to civil penalties: 145 a. Title V: Chapter 5, Business Licenses, and Chapter 12, Adult Entertainment 146 Standards. 147 b. Title VI: Chapter 1, Abandoned Vehicles, and Chapter 14, Litter, RMC 6-14- 148 17, 6-14-18, 6-14-19 and 6-14-20. 149 c. Title VIII: Chapter 1, Garbage. 150 d. Title IX: Chapter 10, Street Excavations, Chapter 13, Trees And Shrubbery, 151 and Chapter 15, Weeds And Noxious Matter. 152 e. Title IV: All sections, with the exception of the following sections, which are 153 subject to general penalties under RMC 1-3-1: 154 (1) National Electrical Code: RMC 4-5-040. 155 (2) Those sections of"Standards and Review Criteria for Keeping Animals" 156 relating to care, maintenance and individual licensing: RMC 4-4-010. 157 Violations of regulations limiting the type or number of animals are subject 158 to civil penalties. 159 (3) Fire Prevention And Uniform Fire Code Regulations: RMC 4-5-070. 160 (4) Flood Hazard Area Regulations: RMC 4-3-050.1. 161 (5) Garage Sale Regulations: RMC 4-4-050. 162 (6) Landscaping Requirements: RMC 4-4-070. 163 (7) Mobile Park Regulations: RMC 4-9-110. 164 (8) Shoreline Master Program Regulations: RMC 4-3-080 andRMC 4-3-050.L. 165 (9) Subdivision Regulations: Chapter 4-7. 166 (10) Utility Regulations: Chapter 4-6. 167 (11) Wetlands: RMC 4-3--1-00050.M. Violations of wetland provisions are 168 also subject to the nuisance penalties under RMC 1-3-3. 169 (12) Provisions Of The City's Environmental Review Procedures: RMC 4-9- 170 070. Violations of these provisions are also subject to the nuisance 171 penalties under RMC 1-3-3. 172 (13) Aquifer Protection Regulations RMC 4-3-050.H.: [Reserved]. 173 (14) Geologic Hazards Regulations: RMC 4-3-050.J. 174 (15) Non-Shoreline Master Program Regulated Streams and Lakes 175 Regulations: RMC 4-3-050.L. [Reservedl. 176 (16) Habitat Conservation Regulations: RMC 4-3-050.K. 177 (17) Other Provisions of the Sensitive Areas Regulation: RMC 4-3-050. 178 2. Violation Is Civil Infraction: Any person who commits a violation, as identified in 179 this section, shall be guilty of a civil infraction on the first offense. City of Renton Sensitive Areas'17Vdinance — Public Draft#1 October 25, 1999 Chapter 1-3 RMC Page 17 180 3. Subsequent Offense: Any person who commits a violation, as identified in this 181 section, within one year of a "committed finding for" the same prior offense, shall 182 be guilty of a misdemeanor. 183 D. Costs And Monetary Penalties: 184 1. Additional Court Authority: The Renton Municipal Court may impose costs in 185 addition to the penalties set out below. 186 2. Amount Of Penalty Per Day: The amount of the monetary penalty per day or 187 portion thereof for each violation shall be as follows: 188 a. First three (3) days of violation, up to one hundred dollars ($100.00) per day. 189 b. Second three (3)days of violation, up to two hundred dollars ($200.00) per 190 day. 191 c. Third three (3)days of violation, up to three hundred dollars ($300.00) per 192 day. 193 d. Each additional day of violation, up to five hundred dollars ($500.00) per day. 194 E. Continued Duty To Correct Violation: Payment of a monetary penalty pursuant to this 195 Chapter does not relieve a person of the duty to correct the violation as ordered by 196 the applicable department director. 197 F. Appeal To Superior Court: Any appeal of the decision of the Renton Municipal Court 198 shall be governed by the Rules for Appeal of Decisions of Courts of Limited 199 Jurisdiction. 200 G. Accrual Of Penalty: The City is authorized to collect the monetary penalty by use of 201 appropriate legal remedies. Seeking legal redress by the City shall neither stay nor 202 terminate the accrual of additional per diem monetary penalties so long as the 203 violation continues. (Ord. 4723, 5-11-98) 204 1-3-3 NUISANCE: 205 (Reserved for new amendments). 206 1-3-4 DEFINITIONS: 207 In this Chapter, unless a different meaning is plainly required, the following 208 definitions shall apply: 209 APPLICABLE DEPARTMENT DIRECTOR: The director of the department empowered to 210 enforce a City Code or ordinance, or his/her designated representative. 211 CIVIL VIOLATION: A noncriminal violation of a provision of a City Code or ordinance. 212 CODE ENFORCEMENT OFFICER: Any employee(s) appointed by the applicable 213 department director to inspect for Code violations and issue violation notices. 214 PERSON: Any person, firm, partnership, association, corporation, company or organization 215 of any kind, who is either the property owner, is in control of the property in any fashion, or is 216 causing, allowing, or participating in the prohibited activity. (Ord. 4723, 5-11-98) 217 411WO *NO City of Renton Sensitive Areaslfdinance — Public Draft#1 October 25, 1999 Chapter 4-1 RMC Page 19 218 CHAPTER 4-1: Administration and Enforcement 219 220 221 4-1-010 TITLE: 222 This Title shall be known as the City of Renton Development Regulations. 223 4-1-020 PURPOSE: 224 It is the intent of the Renton City Council that these regulations implement the City's policies 225 adopted in the City's Comprehensive Plan in compliance with the Washington State Growth 226 Management Act(GMA) and implement the requirements of the State's Regulatory Reform 227 Act, which has a primary goal of integrating environmental review with project review. 228 4-1-030 AUTHORITY TO ADOPT REGULATIONS: 229 The City of Renton Development Regulations are adopted by City ordinance pursuant to 230 Article XI, RMC 11 of the Washington State Constitution, the State Growth Management Act 231 and chapter 36.70B RCW. (Ord. 4722, 5-11-1998) 232 4-1-040 CONFORMITY WITH DEVELOPMENT REGULATIONS REQUIRED: 233 (RESERVED) 234 4-1-050 ROLES AND RESPONSIBILITIES: 235 The regulation of land development is a cooperative activity including many different elected 236 and appointed boards and City staff. The specific responsibilities of these bodies is set forth 237 below: 238 A. PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR OR DESIGNEE: 239 1. Authority: The Planning/Building/Public Works Administrator or his or her designee shall 240 review and act on the following: 241 a. Aquifer protection regulation waivers and modifications, 242 b. Building and grading permits, 243 c. Conditional approval permits for nonconforming structures, 244 d. Conditional use permit, administrative, 245 e. Development permit—special flood hazard, 246 f. Modifications of the number of required parking stalls and the requirements of the parking, 247 loading and driveway regulations, 248 g. Interpretation of flood insurance rate map boundaries, 249 h. Lot line adjustments, 250 i. Master site plan review (individual phases), 251 j. Minor modifications to previously approved site plan, 252 k. Modifications to development standards in the Centers Residential Demonstration Overlay 253 District, 254 I. Modifications of storm drainage requirements, 255 m. Modification of Geologic Hazard Regulations for man-made slopes, 256 mn. Modifications/waivers of sewer code requirements, City of Renton Sensitive Ar* Ordinance — Public Draft#1 400 October 25, 1999 Chapter 4-1 RMC Page 20 257 no. Public art exemption certificate, 258 op. Review of business licenses for home occupations, 259 q. Sensitive Areas Regulation administrative allowances and determinations per RMC 4-3- 260 050.D.1, 261 pr. Routine vegetation management permits, 262 qs. Shoreline exemptions, 263 rt. Shoreline permits, 264 su. Short plats—four(4) or less, 265 tv. Site plan approval, administrative, 266 uw. Temporary emergency wetland permits, 267 vx. Temporary use permits, 268 wy. Variances—Administrative pursuant to RMC 4-9-250B1c, 269 xz. Waivers of right-of-way dedication for plat, 270 271 B. BOARD OF PUBLIC WORKS: 272 The Board of Public Works shall review and act on the following: 273 1. Waivers and deferrals of on-and off-site improvements, 274 2. Revocable permits for the temporary use of public right-of-way, 275 3. Sewer modifications, alternates, and appeals pursuant to RMC 4-9-250D and E and RMC 276 4-8-110D, respectively, 277 4. Variances from chapter 8-7 RMC, Noise Level Regulations, (Ord. 4648, 1-6-1997) 278 5. Appeals of administrative decisions/determinations regarding requests for modification of 279 storm drainage regulations, (Ord. 4342, 2-3-1992) 280 6.Waivers to allow a commercial or multi-family residential driveway grade of between 8% 281 and 15%. (Ord. 4722, 5-11-1998) 282 C. ENVIRONMENTAL REVIEW COMMITTEE: 283 The Environmental Review Committee shall: 284 1. Make threshold determinations for environmental checklists, 285 2. Make determinations regarding whether an optional public hearing is needed for a site 286 plan review application, (Ord. 4648, 1-6-1997) 287 3. Authorize circulation of draft environmental impact statements, 288 4. Approve and issue final environmental impact statements, 289 5. Approve mitigation conditions for mitigated determinations of nonsignificance and final 290 environmental impact statements. (Ord. 4722, 5-11-1998) 291 D. BOARD OF ADJUSTMENT: 292 The Board of Adjustment shall review and act on the following: 293 1. Variances not associated with a development permit that requires review by the Hearing City of Renton Sensitive Areasbrdinance — Public Draft#1 October 25, 1999 Chapter 4-1 RMC Page 21 294 Examiner, provided the variance authority is not specifically given to another authority 295 elsewhere in this Chapter, 296 2. Building permits submitted in conjunction with the above, (Ord. 4648, 1-6-1997) 297 3. Appeals Relating to Uniform Building Code RMC 105, RMC 110, and RMC 1.18— 298 Alternative Materials. (Ord. 3760, 12-5-1983) 299 E. PLANNING COMMISSION: 300 The Planning Commission shall review and act on the following: 301 1. Comprehensive Plan: Duties related to the Comprehensive Plan as described in chapter 302 2-10 RMC, Planning Commission. 303 2. Shoreline Master Program Amendments: Recommendations to City Council regarding 304 Shoreline Master Program Amendments after holding public hearing. 305 3. Area-Wide Zoning: The Planning Commission, in conducting area land use analysis, may 306 from time to time recommend to the City Council area-wide zonings to implement the 307 recommended amendments to the Comprehensive Plan. 308 4. Land Use Regulations and Processes: Upon Council request and based upon the goals 309 and policies of the Comprehensive Plan, recommendations to Council regarding effective 310 and efficient land use regulations and processes. (Ord. 2188, 10-25-1965; Amd. Ord. 4722, 311 5-11-1998) 312 F. HEARING EXAMINER: 313 1. Authority: The Hearing Examiner shall review and act on the following: 314 a. Appeals of administrative decisions/determinations and ERC decisions (including, but not 315 limited to, appeals relating to parking, sign, street, and tree cutting/routine vegetation 316 management standards), excepting determinations whether an application is a bulk storage 317 facility which shall be appealable to the City Council, 318 b. Appeals relating to RMC 4-5-060, Uniform Code for the Abatement of Dangerous 319 Buildings, 320 c. Bulk storage special permit and variances from the bulk storage regulations, 321 d. Conditional approval permit for nonconforming uses, 322 e. Conditional use permit, 323 f. Fill and grade permit, special, 324 ' 325 ' 326 #g. Master site plan review(overall plan) and major amendments to an overall master site 327 plan, 328 ih. Mobile home parks, preliminary and final, 329 ji. Shoreline conditional use permit, 330 kj. Shoreline variance, 331 1k. Short plat—five (5) to nine (9) lots, 332 nil. Site plan approvals requiring a public hearing, 333 am. Special permits, City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 Chapter 4-1 RMC Page 22 334 en. Variances associated with a development permit that requires review by the Hearing 335 Examiner, 336 po. Wetland-vVariances from the Sensitive Area Regulations listed in RMC 4-9-250.B.1. — 337 , 338 qp. Variances from the land clearing and tree cutting regulations, 339 rig. Variances from the wireless communication facility development standards, 340 sr. Variances from the provisions of the subdivision regulations relating to short plats, 341 ts. Building permits submitted in conjunction with any of the above, and (Ord. 4587, 3-18- 342 1996) 343 et. Interpretation: It shall be the duty of the Hearing Examiner to interpret the provisions of 344 chapter 4-2 RMC, Land Use Districts, in such a way as to carry out the intent and purpose of 345 the plan thereof, as shown by the maps fixing districts, accompanying and made part of this 346 Code, in cases where the street layout actually on the ground varies from the street layout as 347 shown on the maps aforesaid. (Ord. 2630, 4-26-1971; Amd. Ord. 3101, 1-17-1977) 348 2. Recommendations: The Hearing Examiner shall hold a hearing and make 349 recommendations to the City Council on the following: 350 a. Rezones, site specific, in conformance with the Comprehensive Plan, 351 b. Preliminary plats, 352 c. Planned unit developments, 353 d. Special permits requiring Council approval. 354 3. Variances from the provisions of the subdivision regulations relating to a full subdivision. 355 4. Appeals: Unless otherwise specified, any decision of the Environmental Review 356 Committee or the Planning/Building/Public Works Administrator or his or her designee in the 357 administration of this Title shall be appealable to the Hearing Examiner as an administrative 358 determination pursuant to RMC 4-8-110E, Appeals. (Ord. 4584, 2-12-1996) 359 G. CITY COUNCIL: 360 The City Council shall review and act on the following: 361 1. Annexations, (Ord. 4587, 3-18-1996) 362 2. Appeals of Hearing Examiner decisions (any appeal from a Hearing Examiner's decision, 363 whether an appeal from an administrative determination or an original decision, shall be 364 appealable to the City Council pursuant to RMC 4-8-110E8b), 365 3. Appeals of staff determinations of whether or not a proposal is considered a bulk storage 366 facility, (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3592, 12-14-1981) 367 4. Comprehensive Plan map or text amendment, 368 5. Dedications of property for public purposes, 369 6. Development regulations text amendment, 370 7. Final plats, 371 8. Preliminary plats, 372 9. Planned unit developments, preliminary and final, City of Renton Sensitive Areasb dinance— Public Draft#1 October 25, 1999 Chapter 4-1 RMC Page 23 373 10. Release of easements, 374 11. Rezones with associated Comprehensive Plan amendment, 375 12. Rezones with associated Comprehensive Plan map or text amendment, 376 13. Street vacations, 377 14. Variances from the provisions of the subdivision regulations relating to a full subdivision, 378 15. Zoning Code amendments. (Ord. 4587, 3-18-1996) 379 H. REVIEW AUTHORITY FOR MULTIPLE PERMIT APPLICATIONS: 380 Where required permits are subject to different types of permit review procedures, then all 381 the associated applications are subject to the highest level of review authority that applies to 382 any of the required applications. (Ord. 4587, 3-18-1996) 383 4-1-080 INTERPRETATION: 384 A. CONFLICTS AND OVERLAPS: 385 This Title is not intended to repeal, abrogate, or impair any existing easements, covenants, 386 or deed restrictions. However, where this Title and another regulation, easement, covenant, 387 or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall 388 prevail. (Ord. 4071, 6-1-1987) 389 B. REQUIREMENTS LISTED ARE MINIMUMS: • 390 In interpreting and applying the provisions of this Title, the requirements herein shall be 391 considered the minimum for the promotion of the public health, safety, morals and general 392 welfare; therefore, where this Title imposes a greater restriction upon the use of the buildings 393 or premises, or upon the height of buildings, or requires larger open spaces than are 394 imposed or required by other laws, ordinances, rules or regulations, the provisions of this 395 Title shall control. 396 In the interpretation and application of this Title, all provisions shall be: 397 1. Considered as minimum requirements; 398 2. Liberally construed in favor of the governing body; and 399 3. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 400 4071, 6-1-1987) 401 C. TERMINOLOGY: 402 When not inconsistent with the context, words used in the present tense include the future, 403 words in the plural number include the singular number and words in the singular number 404 include the plural number. The word "shall" is always mandatory. (Ord. 4007, 7-14-1986) 405 D. DUTY OF ZONING ADMINISTRATOR—CONFLICTS: 406 In the event that there is a conflict between either the development standards or special 407 development standards listed in chapter 4-2 RMC, Land Use Districts, and the standards and 408 regulations contained in another RMC the Zoning Administrator shall determine which 409 requirement shall prevail based upon the intent of the zones. Life, safety and public health 410 regulations are assumed to prevail. (Ord. 4404, 6-7-1993) 411 4-1-090 LIABILITY: 412 A. CITY OFFICER OR EMPLOYEE NOT LIABLE: City of Renton Sensitive Ate Ordinance— Public Draft#1 Niso October 25, 1999 Chapter 4-1 RMC Page 24 413 No officer, agent or employee of the City shall be personally liable for any damage that may 414 accrue to persons or property as a result of any act required or permitted in the discharge of 415 his duties under this Title. Any suit brought against any officer, agent or employee of the City 416 as a result of any act required or permitted in the discharge of his duties under this Title shall 417 be defended by the City Attorney until the final determination of the proceedings therein. 418 (Ord. 2820, 1-14-1974, eff. 1-19-1974) 419 The Administrative Authority or any employee performing duties in connection with the 420 enforcement of this Title and acting in good faith and without malice in the performance of 421 such duties shall be relieved from any personal liability for any damage to persons or 422 property as a result of any act or omission in the discharge of such duties, and in the event of 423 claims and/or litigation arising from any such act or omission, the City Attorney shall, at the 424 request of and on behalf of said Administrative Authority or employee, investigate and defend 425 such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or 426 if judgment be rendered against such Administrative Authority or employee, said claim or 427 judgment shall be paid by the City. (Ord. 4546, 7-24-1995) 428 B. LIABILITY OF OWNER OR BUILDER NOT REDUCED: 429 This Title shall not be construed to relieve from or lessen the responsibility of any person 430 owning, building, altering, constructing, moving, modifying, or maintaining any structure or 431 land use in the City for damages to anyone injured or damaged either in person or property 432 by any defect therein; nor shall the City of Renton, or any of its agents thereof, be held as 433 assuming such liability by reason of permit, approval, inspection, certificate of inspection or 434 certificate of occupancy issued by the City or any of its agents. (Ord. 2877, 9-9-1974) 435 C. DISCLAIMER OF LIABILITY: 436 The degree of hazard protection required by RMC 4-3-050 is considered reasonable for 437 regulatory purposes and is based on scientific and engineering considerations. RMC 4-3-050 438 does not imply that land outside the areas of special flood hazards or uses permitted within 439 such areas will be free from flooding or flood damages. RMC 4-3-050 shall not create liability 440 on the part of the City, any officer or employee thereof for damages that result from reliance 441 on this section or any administrative decision lawfully made hereunder. 442 4-1-100 ENFORCEMENT: (RESERVED) 443 4-1-110 VIOLATIONS AND PENALTIES: 444 A. VIOLATION UNLAWFUL: 445 It shall be unlawful for any person, firm or corporation to violate any of the provisions of this 446 Title. (Ord. 4346, 3-9-1992) 447 B. PENALTIES: 448 Shall be as stipulated in RMC 1-3-2, Civil Penalties. (Ord. 4722, 5-11-1998) 449 4-1-120 SEVERABILITY: 450 If any provision of this Title or its application to any person or property is held invalid by a 451 court of competent jurisdiction, the remainder of the Title or the application of the provision to 452 other persons or circumstances shall not be affected. (Ord. 4522, 6-5-1995) 453 4-1-130 TITLE NOT EXCLUSIVE: 454 Nothing in this Title shall be construed to abrogate or impair the power of the City or any 455 department thereof to enforce any provision of its Charter or its ordinances or regulations, 456 nor to prevent or punish violations thereof, and any powers conferred by this Title shall be in Nor City of Renton Sensitive Areas'`erdinance — Public Draft#1 October 25, 1999 Chapter 4-1 RMC Page 25 457 addition to and supplemental to powers conferred by other laws, nor shall this Title be 458 construed to impair or limit in any way the power of the City to define and declare nuisance 459 and to cause their removal or abatement by summary proceedings, or in any manner 460 provided by law. (Ord. 4546, 7-24-1995) %iv *go City of Renton Sensitive Areas'fdinance — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 27 461 SECTION 4-3-050 ENVIRONMENTALLY-SENSITIVE-AREAS 462 SENSITIVE AREAS REGULATIONS: 463 464 465 A. PURPOSE OF REGULATIONS: 466 • , 467 , • • • 468 • • 469 470 471 • 472 473 ' 474 475 , 476 477 • • 478 • . 479 • • • 480 • • • 481 • , • 482 that the C} to nd its citizene mad• 483 484 • • 485 • • 486 • • • • 487 • • 488 • • 489 • ' 490 , 491 • 492 • • , • 493 ' 494 495 • • 496 • • 497 • • 498 • 499 . 500 AREA DESIGNATIO • �i: • 501 • • • • 502 City of Renton Sensitive Ar s Ordinance — Public Draft#1 `460 October 25, 1999 RMC 4-3-050 RMC Page 28 503 504 505 mapped under the Federal Flood Insurance Program. (Ord. 3891, 2 25 1985) 506 507 508 08. (Ord. 4316, 3 9 1992) 509 C. INAPPLICABLE STATE ENVIRONMENTAL POLICY ACT(SEPA) EXEMPTIONS: 510 511 512 513 514 WAC 197 11 800(1) 515 WAC 197 11 800(2)(d, e, g) 516 WAC 197 11 800(6)(a) 517 WAC 197 11 800(24)(a, b, c, d, f, g) 518 WAC 197 11 800(25)(f, h) 519 (Ord. 3891, 2 25 1985) 520 : 521 WAC 197 11 800(1) 522 WAC 197 11 800(2) 523 WAC 197 11 800(3) 524 WAC 197 11 800(4) 525 WAC 197 11 800(6) 526 WAC 197 11 800(8) 527 WAC 197 11 800(25) 528 , 529 530 City. 531 D. THRESHOLD DETERMINATIONS 532 ENVIRONMENTALLY SENSITIVE AREAS: 533 534 535 536 537 4985) 538 539 A. PURPOSE: 540 1. General: The purposes of this section are to: 541 a. Manage development activities to protect life, property, and environmental 542 quality; and, City of Renton Sensitive Areas4wr'dinance — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 29 543 b. Assist or further the implementation of the policies of the Growth 544 Management Act, the State Environmental Policy Act, chapter 43.21C RCW, 545 City Comprehensive Plan, and its implementing regulations. 546 2. Aquifer Protection 1Reservedl 547 3. Flood Hazards: It is the purpose of the flood hazard regulations to: 548 a. Promote the public health, safety, and general welfare; and, 549 b. Minimize public and private losses due to flood conditions in specific areas; 550 and, 551 c. Protect human life and health; and. 552 d. Minimize expenditure of public money and costly flood control projects; 553 and, 554 e. Minimize the need for rescue and relief efforts associated with flooding and 555 generally undertaken at the expense of the general public;and, 556 f. Minimize damage to public facilities and utilities such as water and gas 557 mains, electric, telephone and sewer lines, streets, and bridges located in 558 areas of special flood hazard;and, 559 g,Help maintain a stable tax base by providing for the sound use and 560 development of areas of special flood hazard so as to minimize future flood 561 blight areas;and, 562 h. Ensure that those who occupy the areas of special flood hazard assume 563 responsibility for their actions. 564 4. Geologic Hazards: The purposes of the geologic hazard regulations are to: 565 a_Minimize damage due to landslide, subsidence or erosion through the 566 control of development;and, 567 b. Protect the public against avoidable losses due to maintenance and 568 replacement of public facilities, property damage, subsidy cost of public 569 mitigation of avoidable impacts, and costs for public emergency rescue and 570 relief operations;and, 571 c. Reduce the risks to the City and its citizens from development occurring on 572 unstable slopes; and, 573 d. Control erosion and sediment run-off from development. 574 5. Habitat Conservation: The primary purpose of habitat conservation regulations 575 is to minimize impacts to critical habitats and to restore and enhance degraded or 576 lower quality habitat in order to: 577 a. Maintain and promote diversity of species and habitat within the City; and, 578 b. Coordinate habitat protection with the City's open space system, whenever 579 possible, to maintain and provide habitat connections; and 580 c. Help maintain air and water quality, and control erosion; and 581 d. Serve as areas for recreation, education, scientific study, and aesthetic 582 appreciation. 583 6. Shorelines, Streams and Lakes: (Reservedl City of Renton Sensitive Ardtaf — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 30 584 7. Wetlands: The purposes of the wetland regulations are to: 585 a. Ensure that activities in or affecting wetlands not threaten public safety. 586 cause nuisances. or destroy or degrade natural wetland functions and values; 587 and 588 b. Protect the public health, safety and welfare by minimizing and managing 589 the adverse environmental impacts of development within and adjacent to 590 wetlands; and 591 c. Preserve, protect and restore wetlands by regulating development within 592 them and around them; and 593 d. Protect the public from: 594 i_ Preventable maintenance and replacement of public facilities 595 needed when wetland functioning is impaired; and 596 ii. Costs associated with repair of downstream properties resulting 597 from erosion and flooding due to the loss of water storage capacity 598 provided by wetlands;and 599 iii. Unnecessary costs for public emergency rescue and relief 600 operations;and 601 iv. Potential litigation on improper construction practices occurring in 602 wetland areas; and 603 e. Provide City officials with information to evaluate, approve, condition or 604 deny public or private development proposals;and 605 f. Prevent the loss of wetland acreage and functions and strive for a net gain 606 over present conditions. 607 B: APPLICABILITY: SENSITIVE AREAS DESIGNATIONS/MAPPING: 608 1. Lands to Which These Regulations Apply: The following sensitive areas, 609 classified in subsections B.2 through B.7 below, are regulated by this section: 610 a. Aquifer Protection Areas. [Reserved" 611 b. Areas of Special Flood Hazard. 612 c. Sensitive Slopes, twenty five to forty percent(25-40%) and Protected 613 Slopes, forty percent (40%) or greater. 614 d. Medium, High, and Very High Landslide Hazard Areas. 615 e. High Erosion Hazards. 616 f. High Seismic Hazards. 617 q. Medium and High Coal Mine Hazards. 618 h. Critical Habitats. 619 i. Shorelines, Streams and Lakes. {Reserved" 620 j. Wetlands, Categories 1, 2 and 3. 621 2. Aquifer Protection [Reserved' 622 3. Flood Hazards: "'' City of Renton Sensitive Areasbl`dinance — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 31 623 a. Applicability: Flood hazard regulations shall apply to all areas of special 624 flood hazards within the jurisdiction of the City. 625 b. Areas of Special Flood Hazard: Areas of special flood hazard are 626 defined as the land in the floodplain subject to one percent(1%) or greater 627 chance of flooding in any given year. Designation on flood maps always 628 include the letters A or V. 629 c. Mapping and Documentation: The areas of special flood hazard 630 identified by the Federal Insurance Administration in a scientific and 631 engineering report entitled the Flood Insurance Study for the City of Renton, 632 dated September 29, 1989, and any subsequent revision, with accompanying 633 flood insurance maps is hereby adopted by reference and declared to be a 634 part of this section. The flood insurance study is on file at the 635 Planning/Building/Public Works Department. 636 4. Geologic Hazards: 637 a. Applicability: The geologic hazard regulations apply to all non-exempt 638 activities on sites containing or abutting steep slopes, landslide hazards, 639 erosion hazards, seismic hazards, and/or coal mine hazards classified below. 640 b. Steep Slopes: 641 i. Method of Steep Slope Measurement: A slope is delineated by 642 establishing its toe and top and is measured by averaging the 643 inclination over at least fifteen feet (15') of vertical relief. The top and 644 toe of slopes are determined by distinct topographic breaks in slope 645 such as benches or plateaus. Where no distinct breaks exist, top and 646 toe are determined by where the ground surface drops or inclines 647 fifteen feet (15') or more within a horizontal distance of sixty feet (60') 648 or less. 649 ii. Slope Types: 650 • Sensitive Slopes: Slopes between 25 and 40%. 651 • Protected Slopes: Slopes 40% or greater. 652 c. Landslide Hazards: 653 i. Low Landslide Hazard (LL): Areas with slopes less than fifteen 654 percent(15%). 655 ii. Medium Landslide Hazard (LM): Areas with slopes between 656 fifteen and forty percent(15-40%) and underlain by soils that consist 657 largely of sand, gravel or glacial till. 658 iii. High Landslide Hazards (LH): Areas with slopes greater than 659 forty percent (40%), and areas with slopes between fifteen and forty 660 percent(15 and 40%) and underlain by soils consisting largely of silt 661 and clay. 662 iv. Very High Landslide Hazards (LV): Areas of known mappable 663 landslide deposits. 664 d. Erosion Hazards: 665 i. Low Erosion Hazard (EL): Areas with soils characterized by the 666 Natural Resource Conservation Service (formerly U.S. Soil City of Renton Sensitive AraW Ordinance — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 32 667 Conservation Service) as having slight or moderate erosion potential, 668 and that slope less than fifteen percent (15%). 669 ii. High Erosion Hazard (EH): Areas with soils characterized by the 670 Natural Resource Conservation Service (formerly U.S. Soil 671 Conservation Service) as having severe or very severe erosion 672 potential, and that slope more steeply than fifteen percent (15%). 673 e. Seismic Hazards: 674 i. Low Seismic Hazard (SL): Areas underlain by dense soils or 675 bedrock. These soils generally have site coefficients of types S1 or 676 S2, as defined in the Uniform Building Code. 677 ii. High Seismic Hazard (SH): Areas underlain by soft or loose, 678 saturated soils. These soils generally have site coefficients of types 679 S3 or S4, as defined in the Uniform Building Code. 680 f. Coal Mine Hazards: 681 i. Low Coal Mine Hazards (CL): Areas with no known mine workings 682 and no predicted subsidence. While no mines are known in these 683 areas, undocumented mining is known to have occurred. 684 ii. Medium Coal Mine Hazards (CM): Areas where mine workings 685 are deeper than two hundred (200)feet for steeply dipping seams, or 686 deeper than fifteen (15)times the thickness of the seam or workings 687 for gently dipping seams. These areas may be affected by 688 subsidence. 689 iii. High Coal Mine Hazard (CH): Areas with abandoned and 690 improperly sealed mine openings and areas underlain by mine 691 workings shallower than 200 feet in depth for steeply dipping seams, 692 or shallower than fifteen (15)times the thickness of the seam or 693 workings for gently dipping seams. These areas may be affected by 694 collapse or other subsidence. 695 q. Mapping. Maps of steep slopes, landslide, erosion, seismic, and coal 696 mine hazards are documented and included in RMC 4-3-050.R, Maps. The 697 actual presence or absence of the criteria listed above as determined by 698 qualified professionals, shall govern the treatment of an individual building site 699 or parcel of land requiring compliance with these regulations. 700 5. Habitat Conservation: 701 a. Applicability: The habitat conservation regulations apply to all non- 702 exempt activities on sites containing or abutting critical habitat as classified 703 below. 704 b. Critical Habitat: Critical habitat are those habitat areas which meet any of 705 the following criteria: 706 i. The documented presence of species proposed or listed by the 707 federal government or State of Washington as endangered, 708 threatened, sensitive, monitor, or priority; and/or, 709 ii. The presence of heron rookeries or raptor nesting areas; and/or, '""" City of Renton Sensitive Areasrdrdinance — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 33 710 iii. Category 1 wetlands (Refer to RMC 4-3-050.B.7.b.1. for 711 classification criteria); and/or, 712 iv. Portions of streams and their shorelines designated in the Renton 713 Shoreline Master Program, RMC 4-3-090, as Conservancy or Natural 714 refer to the Renton Shoreline Master Program). 715 c. Mapping: 716 i. Critical habitats are identified by lists, categories and definitions of 717 species promulgated by the Washington State Department of Fish and 718 Wildlife (Non-game Data System Special Animal Species)as identified 719 in WAC 232-12-011; in the Priority Habitat and Species program of the 720 Washington State Department of Fish and Wildlife; or by rules and 721 regulations adopted currently or hereafter by the U.S. Fish and Wildlife 722 Service. 723 ii. Referenced inventories and maps are to be used as guides to the 724 general location and extent of critical habitat. Critical habitat which is 725 identified in RMC 4-3-050.B.5.b, but not shown on the referenced 726 inventories and maps, are presumed to exist in the City and are also 727 protected under all the provisions of this section. 728 iii. The actual presence or absence of the criteria listed above as 729 determined by qualified professionals, shall govern the treatment of an 730 individual building site or parcel of land requiring compliance with 731 these regulations. 732 6. Shorelines, Streams and Lakes: [Reserved' 733 a. Applicability: (Reserved) 734 b. Definitions: (Reserved) 735 c. Mapping: (Reserved) 736 7. Wetlands: 737 a. Applicability: The wetland regulations apply to sites containing or 738 abutting wetlands as described below. Category 2 wetlands, less than 2,200 739 square feet in area, and Category 3 wetlands, less than 5,00 square feet in 740 area, are exempt from these regulations. 741 b. Classification System: The following classification system is hereby 742 adopted for the purposes of regulating wetlands in the City. Wetlands buffer 743 widths, replacement ratios and avoidance criteria shall be based on the 744 following rating system: 745 i. Category 1, Very High Quality Wetlands: Category 1 wetlands 746 are wetlands which meet one or more of the following criteria: 747 • The presence of species listed by Federal or State 748 government as endangered or threatened, or the presence 749 of essential habitat for those species; and/or, 750 • Wetlands having forty percent(40%) to sixty percent(60%) 751 permanent open water(in dispersed patches or otherwise) 752 with two (2) or more vegetation classes; and/or, City of Renton Sensitive Are '"Ordinance — Public Draft#1 `480 October 25, 1999 RMC 4-3-050 RMC Page 34 753 • Wetlands equal to or greater than ten (10) acres in size and 754 having three (3) or more vegetation classes, one of which is 755 open water; and/or, 756 • The presence of plant associations of infrequent 757 occurrence; or at the geographic limits of their occurrence, 758 and/or 759 • Wetlands assigned the Unique/Outstanding#1 rating in the 760 current King County Wetlands Inventory 1991 or as 761 thereafter amended. 762 ii. Category 2,High Quality Wetlands: Category 2 wetlands are 763 wetlands greater than two thousand two hundred(2,200) square feet 764 which meet one or more of the following criteria: 765 • Wetlands greater than two thousand two hundred(2,200) 766 square feet that are not Category 1 or 3 wetlands;and/or, 767 • Wetlands that have heron rookeries or raptor nesting trees, 768 but are not Category 1 wetlands; and/or, 769 • Wetlands of any size located at the headwaters of a 770 watercourse, but are not Category 1 wetlands; and/or, 771 • Wetlands assigned the Significant#2 rating in the current 772 King County Wetlands Inventory 1991 or as thereafter 773 amended;and/or 774 • Wetlands having minimum existing evidence of human 775 related physical alteration such as diking, ditching or 776 channelization. 777 iii. Category 3, Lower Quality Wetlands: Category 3 wetlands are 778 wetlands greater than five thousand(5,000) square feet which meet 779 one or more of the following criteria: 780 • Wetlands that are severely disturbed. Severely disturbed 781 wetlands are wetlands which meet the following criteria: 782 -Are characterized by hydrologic isolation, human-related 783 hydrologic alterations such as diking, ditching, 784 channelization and/or outlet modification; and 785 -Have soils alterations such as the presence of fill, soil 786 removal and/or compaction of soils;and 787 - May have altered vegetation. 788 • Wetlands that are newly emerging. Newly emerging 789 wetlands are: 790 - Wetlands occurring on top of fill materials; and 791 - Characterized by emergent vegetation, low plant species 792 richness and used minimally by wildlife. These wetlands 793 are generally found in the areas such as the Green River 794 Valley and Black River Drainage Basin. "'' City of Renton Sensitive Areas'•e7tdinance — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 35 795 • All other wetlands not classified as Category 1 or 2 such as 796 smaller, high quality wetlands. 797 c. Maps and Inventory: 798 i_ The approximate location and extent of wetlands in the City is 799 displayed in RMC 4-3-050.R., Maps. The Map is to be used as a 800 guide to the general location and extent of wetlands. 801 ii. Wetlands which are defined in RMC 4-3-050.B.7.b, Classification 802 System, but not shown on the Renton Wetlands Map Inventory, are 803 presumed to exist in the City and are also protected under all the 804 provisions of this section. 805 iii. The actual presence or absence of the wetland criteria listed 806 above, as determined by qualified professionals, shall govern the 807 treatment of an individual building site or parcel of land requiring 808 compliance with these regulations. 809 d. Delineation of Wetland Edge: For the purpose of regulation, the wetland 810 edge should be delineated pursuant to RMC 4-3-050.M.4. 811 e. Regulated and Non-Regulated Wetlands: Refer to RMC 4-3-050-M.1.a. 812 and M.1.b. for applicability thresholds for regulatory and nonrequlatory 813 wetlands. 814 C. APPLICABILITY: EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 815 1. Applicability: This RMC applies to any use or development proposed on public 816 or private property or rights of way within a regulated sensitive area or within a 817 required buffer zone for a regulated sensitive area. It is the City's intent to approve 818 protects and/or permit conduct of a regulated activity in a sensitive area only when 819 they conform to this section. Any person seeking to determine whether a proposed 820 activity or land area is subject to this section may request in writing a determination 821 from the City. Such a request for determination shall contain the information 822 requirements specified by the Department Administrator. 823 a. General: Unless determined to be exempt, all proposed development, fill, 824 and activities in regulated sensitive areas and their buffers shall comply with 825 the requirements of this section. Expansion or alteration of existing activities 826 shall also comply with the requirements of this section. 827 b. Aquifer Protection Areas: [Reserved" 828 c. Shorelines, Streams and Lakes: [Reserved" 829 2. Permit Required: Prior to any development or alteration to a property containing a 830 sensitive area as defined in RMC 4-3-050.B, the owner or designee must obtain a 831 development permit, sensitive area permit,or letter of exemption. 832 3. Finding of Conformance Required: No separate sensitive area permit is 833 required for a development proposal which requires land use, environmental, or 834 construction permits. Conformance with these Sensitive Area Regulations shall be a 835 finding in any approval of a development permit, and such finding shall be 836 documented in writing in the project file. If a proposed activity is not exempt and does 837 not otherwise require a development permit, but is subject to this section, the 838 Department Administrator shall determine whether to grant or deny a separate City of Renton Sensitive ArSilig Ordinance— Public Draft#1 "" October 25, 1999 RMC 4-3-050 RMC Page 36 839 sensitive areas permit based upon compliance with applicable standards and 840 regulations of this section. 841 4. Letter of Exemption: 842 a. When Required: 843 i. Flood Hazards, Geologic Hazards, Habitat Conservation, 844 Streams/Lakes, Wetlands: Except in the case of public emergencies 845 all exemptions require that a letter of exemption be obtained from the 846 Department Administrator prior to construction or initiation of activities. 847 ii. Aquifer Protection: [Reserved' 848 iii. Shorelines, Streams and Lakes: (Reserved' 849 b. Applicability of RMC Requirements to Exempt Activities: Exempt 850 activities provided with a letter of exemption may intrude into the sensitive 851 area or required buffer subject to any listed conditions or requirements. 852 Exempt activities do not need to comply with mitigation ratios of RMC 4-3- 853 050.M.11 or 12, unless required in exemption criteria. A sensitive areas 854 report, and/or enhancement or mitigation plan shall be required, unless 855 otherwise waived by the Department Administrator. 856 c. Administrator Findings: In determining whether to issue a letter of 857 exemption. the Administrator shall find that: 858 i. the activity is not prohibited by this or any other chapter of the RMC 859 or state or federal law or regulation; 860 ii. the activity will be conducted using best management practices as 861 specified by industry standards or applicable Federal agencies or 862 scientific principles: 863 iii. impacts are minimized and, where applicable, disturbed areas are 864 immediately restored, unless the exemption is a wetland below the 865 size thresholds pursuant to RMC 4-3-050-C.5.f.1. and f.2. 866 5. Specific Exemptions: Specific exempt activities are listed in the following table. 867 If an "X" appears in a box, the listed exemption applies in the specified sensitive 868 area. If an "X" does not appear in a box, then the exemption does not apply in the 869 particular sensitive area. 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C f 0 LZQ) C 'C N O d r+ in v d IX d 3 O f411 L UJ F- m v, Xtn �wm2 W a, c 2g k W m�'c000 E c) wco g ow. cl U H co �- o� Q m eb E E W O N.1:3 a d U W C N m N m 0 CLu a a c Jo ,, m E �a a E co 12 v a.LLI .. aL Qo _ _ e a co N W a CD - > 00,cco0 U C1 G' O,O (0 v, 4O co N QN .LL. c O G U O Cv, v, 3•� ma E C E "Cr; O . N d s hcu 3 1-3 h c U 0 0 a '> o tz m �a � t� c• '_ in (Arnim ID �; � 33 = `° ro c � o > �, ,- oao3cirn Co c — o c c (rio V '° 0o (° oa3`n0 oN C.)• Q Cn E0m .. musj Ct Lc� Ema, 3 � o � 0 ,.- V d 0 d Q N v�i j j 0 oU a� o g (n E � m o co v, cin U a M X U O a- , et W c�i �"' City of Renton Sensitive Areas'bt"dinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 45 872 6. Prohibited Activities: Prohibited activities are identified below for each sensitive 873 area governed by this section. 874 a. General -All Sensitive Areas: No action shall be taken by any person, 875 company, agency, or applicant which results in any alteration of a sensitive 876 area except as consistent with the purpose, objectives, and requirements of 877 this section. 878 b. Prohibited Activities - Flooding: Encroachments, including fill, new 879 construction, substantial improvements, and construction or reconstruction of 880 residential structures is prohibited within designated floodways, unless it 881 meets the provisions of RMC 4-3-050.1.4., Additional Restrictions within 882 Floodways. 883 c. Prohibited Activities—Shorelines, Streams and Lakes: [Reserved' 884 d. Prohibited Activities -Wetlands: Grazing of animals is not allowed 885 within a wetland or its buffer. 886 7. Temporary Emergency Exemption Procedure: 887 a. Temporary Emergency Exemption Purpose: Temporary emergency 888 exemptions shall be used only in extreme cases and not to justify poor 889 • planning by an agency or applicant. 890 b. Temporary Emergency Exemption Review Authority and Decision 891 Criteria: Issuance of an emergency permit by the City does not preclude 892 the necessity to obtain necessary approvals from appropriate Federal and 893 State authorities. Notwithstanding the provisions of this section or any 894 other City laws to the contrary, the Department Administrator may issue a 895 temporary emergency exemption letter if the action meets the following 896 requirements: 897 i. An unacceptable threat to life or severe loss of property will occur if 898 an emergency permit is not granted;and 899 ii. The anticipated threat or loss may occur before a permit can be 900 issued or modified under the procedures otherwise required by this 901 section and other applicable laws. 902 iii. Any emergency exemption letter granted shall incorporate, to the 903 greatest extent practicable and feasible but not inconsistent with the 904 emergency situation, the standards and criteria required for 905 nonemergency activities under this section. 906 c. Temporary Emergency Exemption Letter Process and Timing:The 907 emergency exemption shall be consistent with the following procedural and 908 time requirements: 909 i. Time Limits: The emergency shall be limited in duration to the time 910 required to complete the authorized emergency activity, provided that 911 no emergency permit be granted for a period exceeding ninety(90) 912 days except as specified in RMC 4-3-050.C.7.c.ii. below. 913 ii. Restoration Required: Require, within the ninety(90) day period, 914 the restoration of any sensitive area altered as a result of the 915 emergency activity, except that if more than ninety(90) days from the 916 issuance of the emergency permit is required to complete restoration, City of Renton Sensitive ArtalPt Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 46 917 the emergency permit may be extended to complete this restoration. 918 For the purposes of this paragraph, restoration means returning the 919 affected area to its state prior to the performance of the emergency 920 activity. 921 iii. Public Notice Required: Notice of the issuance of the emergency 922 permit and request for public comments shall be posted at the affected 923 site(s) and City Hall no later than ten (10) days after the issuance of 924 the emergency permit. If significant comments are received, the City 925 may reconsider the permit. 926 iv. Expiration of Exemption Authorization: The emergency 927 exemption authorization may be terminated at any time without 928 process upon a determination by the Department Administrator that 929 the action was not or is no longer necessary to protect human health 930 or the environment. 931 8. Non-Conforming Activities or Structures: Regulated activities legally in 932 existence prior to the passage of this section, but which are not in conformity with the 933 provisions of this section are subject to the provisions of RMC 4-10-010.G, 934 "Nonconforming Activities". 935 D. ADMINISTRATION AND INTERPRETATION: 936 1. General Provisions—All Sensitive Areas: 937 a. Duties of Administrator: The Planning/Building/Public Works 938 Administrator, (the Department Administrator) or his/her duly authorized 939 representative, shall have the power and authority to enforce the provisions of 940 this section. For such purposes he/she shall have the power of a law 941 enforcement officer. 942 b. Interpretation: The Department Administrator shall have the power to 943 render interpretations of this section and to adopt and enforce rules and 944 regulations supplemental to this section as he/she may deem necessary in 945 order to clarify the application of the provisions of this Code. Such 946 interpretations, rules and regulations shall be in conformity with the intent and 947 purpose of this section. 948 c. Compliance: Unless specifically exempted by this section, the City shall 949 not grant any approval or permit any regulated activity in a sensitive area or 950 associated buffer prior to fulfilling the requirements of this section. 951 d. Reviewing Official: Wherever referenced in this section, Reviewing 952 Official refers to the decisionmaking official or body authorized to grant permit 953 approval for an activity. 954 2. Aquifer Protection FReservedi 955 3. Flood Hazards: 956 a. Duties and Responsibilities of the Department Administrator or 957 Designee: The duties of the Department Administrator or his/her designee, 958 the Building Official, shall include, but not be limited to: 959 i. Review all development permits to determine that the permit 960 requirements of this section have been satisfied; and City of Renton Sensitive Areas.,.,dinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 47 961 ii. Review all development permits to determine that all necessary 962 permits have been obtained from those Federal, State or local 963 governmental agencies from which prior approval is required; and 964 iii. Review all development permits to determine if the proposed 965 development is located in the floodway. If located in the floodway, to 966 assure that the encroachment provisions of RMC 4-3-050.1.4. are met; 967 and 968 iv. Use of Other Base Flood Data: When base flood elevation data 969 has not been provided in accordance with RMC 4-3-050.8.3.c, 970 Mapping and Documentation,the Building Official shall obtain, review, 971 and reasonably utilize any base flood elevation and floodway data 972 available from a Federal, State or other source, in order to administer 973 RMC 4-3-050.1.3, Specific Standards, and RMC 4-3-050.1.4_ 974 Additional Restrictions Within Floodways. 975 b. Information to Be Obtained and Maintained: The Department 976 Administrator or his/her designee shall obtain and maintain the following 977 information: 978 i. Record Required: Where base flood elevation data is provided 979 through the flood insurance study or required as in RMC 4-3- 980 050.D.3.a.iv, Use of Other Base Flood Data, the applicant shall obtain 981 and record the actual elevation (in relation to mean sea level) of the 982 lowest floor(including basement) of all new or substantially improved 983 structures, and whether or not the structure contains a basement. 984 ii. Elevations and Certificates: For all new or substantially improved 985 floodproofed structures: 986 The applicant shall verify and record the actual elevation (in 987 relation to mean sea level), and 988 • The Department Administrator or his/her designee shall 989 maintain the floodproofing certifications required in RMC 4-8- 990 120-D.6, Flood Hazard Data;and 991 • Flood elevation certificates shall be submitted by an applicant 992 to the Development Services Division prior to the building 993 finished floor construction. Finished floor elevation should be 994 verified by a pre-construction elevation certificate at the time of 995 construction of a substantial structural element of the finished 996 floor(i.e. foundation form for the concrete floor). An as-built 997 elevation certificate will be provided prior to issuance of final 998 occupancy, and the certificates shall be maintained by the 999 Department Administrator or designee. 1000 iii. Public Records:The Department Administrator or his/her 1001 designee shall maintain for public inspection all records pertaining to 1002 the provisions of the flood hazard regulations (e.g. elevation 1003 certificates, notification of alteration/relocation of watercourses, flood 1004 hazard regulation variances). 1005 c. Alteration of Watercourses: The Department Administrator, or his/her 1006 designee shall: City of Renton Sensitive Ai§1406 Ordinance— Public Draft#1 ___ October 25, 1999 RMC 4-3-050 RMC Page 48 1007 i. Notice Required: Notify adjacent communities and the State of 1008 Washington Department of Ecology prior to any alteration or relocation 1009 of a watercourse, and submit evidence of such notification to the 1010 Federal Insurance Administration. 1011 H. Maintenance: Require that maintenance is provided within the 1012 altered or relocated portion of said watercourse so that the flood 1013 carrying capacity is not diminished. The City may require covenants, 1014 or other mechanisms to ensure maintenance. 1015 d. Interpretation of Firm Boundaries: The Department Administrator, or 1016 his/her designee, shall make interpretations where needed, as to exact 1017 location of the boundaries of the areas of special flood hazard(for example, 1018 where there appears to be a conflict between a mapped boundary and actual 1019 field conditions). The person contesting the location of the boundary shall be 1020 given a reasonable opportunity to appeal the interpretation as provided in 1021 RMC 4-1-050.F and RMC 4-8-110). 1022 e. Record Required: The Department Administrator, or his/her designee, 1023 shall maintain the records of all appeal actions and report any variances to the 1024 Federal Insurance Administration upon request. 1025 4. Review Authority 1026 a. Review Authority—General: The Department Administrator or his/her 1027 designee is authorized to make the following administrative allowances and 1028 determinations: 1029 i. Issue a sensitive areas permit for proposals not otherwise requiring 1030 a development permit per RMC 4-3-050.C.3., Finding of Conformance 1031 Required. 1032 ii. Issue written letters of exemption pursuant to RMC 4-3-050.C.4. 1033 iii. Allow temporary emergency exemptions per RMC 4-3-050.C.7. 1034 iv . Interpret Geologic Hazards, Habitat Conservation, and Wetlands 1035 regulations per RMC 4-3-050.D.1.b. 1036 v. Approve the use of alternates in accordance with RMC 4-3-050.N.1 1037 and RMC 4-9-250.E. 1038 vi. Waive report content or submittal requirements per RMC 4-3- 1039 050.F.6. 1040 vii. Grant administrative variances, except for Flood Hazard regulation 1041 variances, per RMC 4-9-250.B. 1042 viii. Require tests for proof of compliance per RMC 1-3-1.E.7. 1043 b. Review Authority-Geologic Hazards, Habitat Conservation, 1044 Shorelines, Streams and Lakes, and Wetlands. The Department 1045 Administrator is authorized to make the following administrative allowances 1046 and determinations: 1047 i. Geologic Hazards 1048 • Waive independent review of geotechnical reports per RMC 4- 1049 3-050.J.3. City of Renton Sensitive Areas"&"dinance — Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 49 1050 • Increase or decrease required buffer for Very High Landslide 1051 Hazard areas per RMC 4-3-050.J.7.b. 1052 • Waive Coal Mine Hazard reports per RMC 4-3-050.J.8. 1053 • Grant a modification for created slopes per RMC 4-3-050.N.2. 1054 ii. Habitat Conservation 1055 • Waive habitat/wildlife assessment reports per RMC 4-3- 1056 050.K.2. 1057 iii. Shorelines, Streams and Lakes [Reserved' 1058 iv. Wetlands. 1059 • Waive wetland study requirement per RMC 4-3-050.M.3.b. 1060 • Determine whether wetlands are unregulated per RMC 4-3- 1061 050.M.1.a and b. 1062 • Extend the valid period of a wetland delineation pursuant to 1063 RMC 4-3-050.M.4.d. 1064 • Approve proposals for buffer width reductions of up to 25% 1065 in accordance with the review criteria stated in RMC 4-3- 1066 050.M.6.e. 1067 • Approve proposals for buffer width averaging pursuant to 1068 the standards and criteria stated in RMC 4-3-050.M.6.f. 1069 • Authorize other category level for created or restored 1070 wetlands per RMC 4-3-050.M.11.c. 1071 • Release wetland maintenance assurity devices per RMC 4- 1072 3-050.M.17.a. 1073 • Waive requirements of this section upon determination that 1074 all impacts on wetlands would be mitigated as part of an 1075 approved area-wide wetlands plan that, when taken as a 1076 whole over an approved schedule or staging of plan 1077 implementation, will meet or exceed the requirements of 1078 this section (see RMC 4-3-050.M.9). 1079 5. Authority to Approve, Condition, or Deny-General: Based upon site specific 1080 review and analysis, the Reviewing Official or his/her designee may approve, 1081 condition, or deny a proposal. 1082 6. Authority to Approve, Condition, or Deny—Shorelines, Streams and Lakes: 1083 fReservedi 1084 E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS 1085 1. Performance Standards: The performance standards for each sensitive area are 1086 specified in Subsections RMC 4-3-050.G to M. The standards are minimum 1087 standards. 1088 2. Protection of Sensitive Areas: Sensitive areas and any associated buffers shall 1089 be avoided, and undisturbed, unless alterations are permitted in accordance with the 1090 requirements of this section. City of Renton Sensitive Arm Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 50 1091 3. Allowed Alterations: Sensitive areas may be altered by authorized exempt 1092 activities, alterations specifically allowed in RMC 4-3-050.G to M and subject to listed 1093 criteria, or through approval of variances. 1094 F. SUBMITTAL REQUIREMENTS AND FEES: 1095 1. Applicability: When a regulated sensitive area or associated buffer is identified, 1096 the following procedures apply. 1097 2. Preapplication Consultation: Any person intending to develop properties known 1098 or suspected to have sensitive areas present is strongly encouraged to meet with the 1099 appropriate City department representative during the earliest possible stages of 1100 project planning before major commitments have been made to a particular land use 1101 and/or project design. Effort put into a preapplication consultation and planning will 1102 help applicants create projects which will be more quickly and easily processed. 1103 3. Plans Required: When an application is submitted for any building permit or land 1104 use review and/or to obtain approval of a use, development or construction, the 1105 location of the sensitive areas and buffers on the site shall be indicated on the plans 1106 submitted based upon an inventory provided by a qualified specialist. 1107 4. Submittal Requirements: See Chapter 4-8 of this Title. 1108 5. Fees: See RMC 4-1-170. 1109 6. Waiver of Submittal or Procedural Requirements: The Department 1110 Administrator may waive any of the requirements of this subsection if the size and 1111 complexity of the project does not warrant a step in the proceeding. 1112 G. NATIVE GROWTH PROTECTION AREAS 1113 1. When Required: A Native Growth Protection Area may be required by RMC 4-3- 1114 050.H to M in order to protect a sensitive area from any proposed development for a 1115 non-exempt activity. 1116 2. Standards: 1117 a. Trees and ground cover shall be retained in designated Native Growth 1118 Protection Areas. 1119 b. Activities allowed in a Native Growth Protection Areas shall be consistent 1120 with applicable Sensitive Area Regulations. 1121 c. The City may require enhancement of Native Growth Protection Areas to 1122 improve functions and values, reduce erosion or landslide potential, or to meet 1123 another identified purpose of this section or of Sensitive Area Regulations. 1124 3. Method of Creation: Native growth protection areas shall be established by one 1125 of the following methods, in order of preference: 1126 a. Easement: The permit holder shall convey to the City or other public or 1127 nonprofit entity specified by the City, a recorded easement for the protection 1128 of the sensitive area and/or its buffer; or 1129 b. Tract and Deed Restriction: The permit holder shall establish and record 1130 a permanent and irrevocable deed restriction on the property title of any 1131 sensitive area management tract or tracts created as a condition of a permit. ..0 City of Renton Sensitive AR„..0 Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 51 1132 Such deed restriction(s) shall prohibit development, alteration, or disturbance 1133 within the tract except for purposes of habitat enhancement as part of an 1134 enhancement project which has received prior written approval from the City, 1135 and from any other agency with jurisdiction over such activity. 1136 4. Marking During Construction: The location of the outer extent of the sensitive 1137 area buffer and areas not to be disturbed pursuant to an approved permit shall be 1138 marked with barriers easily visible in the field to prevent unnecessary disturbance by 1139 individuals and equipment during the development or construction of the approved 1140 activity. 1141 5. Signage Required: The common boundary between a native growth protection 1142 area and the adjacent land must be permanently identified. This identification shall 1143 include permanent wood or metal signs on treated or metal posts. Sign locations and 1144 size specifications shall be approved by the City. Suggested wording is as follows: 1145 "Protection of this natural area is in your care. Alteration or disturbance is prohibited 1146 by law.." 1147 6. Responsibility for Maintenance: Responsibility for maintaining the native growth 1148 protection easements or tracts shall be held by a homeowners association, adjacent 1149 lot owners, the permit applicant or designee, or other appropriate entity, as approved 1150 by the City. 1151 7. Maintenance and Maintenance Note Required: The following note shall appear 1152 on the face of all plats, short plats, PUDs, or other approved site plans containing 1153 separate native growth protection easements or tracts, and shall also be recorded as 1154 a covenant running with the land on the title of record for all affected lots on the title: 1155 "MAINTENANCE RESPONSIBILITY: All owners of lots created by or benefiting from 1156 this City action abutting or including a native growth protection easement (tract'are 1157 responsible for maintenance and protection of the easement[tract'. Maintenance 1158 includes insuring that no alterations occur within the tract and that all vegetation 1159 remains undisturbed unless the express written authorization of the City has been 1160 received." 1161 H. AQUIFER PROTECTION: (Reserved' 1162 I. FLOOD HAZARDS: 1163 1. Applicability: In addition.to General Standards of RMC 4-3-050.E, the following 1164 regulations apply in all areas of special flood hazard. 1165 2. General Standards: In all areas of special flood hazards, the following standards 1166 are required: 1167 a. Anchoring--All New Construction: All new construction and substantial 1168 improvements shall be anchored to prevent flotation, collapse, or lateral 1169 movement of the structure. 1170 b. Anchoring--Manufactured Homes: All manufactured homes must 1171 likewise be anchored to prevent flotation, collapse or lateral movement, and 1172 shall be installed using methods and practices that minimize flood damage. 1173 Anchoring methods may include, but are not limited to, use of over-the-top or 1174 frame ties to ground anchors (Reference FEMA's Manufactured Home 1175 Installation in Flood Hazard Areas guidebook for additional techniques). 1176 c. Construction Materials and Methods: City of Renton Sensitive ArklIg Ordinance— Public Draft#1 woo October 25, 1999 RMC 4-3-050 RMC Page 52 1177 i. All new construction and substantial improvements shall be 1178 constructed with materials and utility equipment resistant to flood 1179 damage. 1180 ii_All new construction and substantial improvements shall be 1181 constructed using methods and practices that minimize flood damage. 1182 iii. Electrical, heating, ventilation, plumbing, and air-conditioning 1183 equipment and other service facilities shall be designed and/or 1184 otherwise elevated or located so as to prevent water from entering or 1185 accumulating within the components during conditions of flooding. 1186 d. Utilities: 1187 i. Water: All new and replacement water supply systems shall be 1188 designed to minimize or eliminate infiltration of flood waters into the 1189 system; 1190 ii. Sewer: New and replacement sanitary sewage systems shall be 1191 designed to minimize or eliminate infiltration of flood waters into the 1192 systems and discharge from the systems into flood waters; and 1193 iii. Waste Disposal: On-site waste disposal systems shall be located 1194 to avoid impairment to them or contamination from them during 1195 flooding. 1196 e. Subdivision Proposals: 1197 i_ All subdivision proposals shall be consistent with the need to 1198 minimize flood damage; 1199 ii. All subdivision proposals shall have public utilities and facilities such 1200 as sewer, gas, electrical, and water systems located and constructed 1201 to minimize flood damage; 1202 iii. All subdivision proposals shall have adequate drainage provided to 1203 reduce exposure to flood damage; and 1204 iv. All subdivision proposals shall show the flood hazard information 1205 and boundary on the subdivision drawing including the nature, 1206 location, dimensions, and elevations of the subdivided area. 1207 f. Project Review: 1208 i. Building Permits: Where elevation data is not available either 1209 through the flood insurance study or from another authoritative source, 1210 i.e., RMC 4-3-050.D.3.a.iv., applications for building permits shall be 1211 reviewed to assure that proposed construction will be reasonably safe 1212 from flooding. The test of reasonableness is a local judgment and 1213 includes use of historical data, high water marks, photographs of past 1214 flooding, etc., where available. Failure to elevate at least two feet(2') 1215 above grade in these zones may result in higher insurance rates. 1216 ii. Land Use Applications: Where base flood elevation data has not 1217 been provided or is not available from another authoritative source, it 1218 shall be generated for subdivision proposals and other proposed 1219 developments which contain at least fifty(50) lots or five (5) acres 1220 (whichever is less). City of Renton Sensitive Art,,,,,Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 53 1221 3. Specific Standards. In all areas of special flood hazards where base flood 1222 elevation data has been provided as set forth in RMC 4-3-050.8.3.c, Mapping and 1223 Documentation, or RMC 4-3-050.D.3.a.iv, Use of Other Base Flood Data, where such 1224 data provides flood elevations that exceed the regulatory standards in the FEMA 1225 flood insurance study, the following provisions are required: 1226 a. Residential Construction: 1227 i_ New construction and substantial improvement of any residential 1228 structure shall have the lowest floor, including basement, elevated a 1229 minimum of one foot above base flood elevation. 1230 ii. Fully enclosed areas below the lowest floor that are subject to 1231 flooding are prohibited, or shall be designed to automatically equalize 1232 hydrostatic flood forces on exterior walls by allowing for the entry and 1233 exit of floodwaters. Designs for meeting this requirement must either 1234 be certified by a registered professional engineer or architect or must 1235 meet or exceed the following minimum criteria: 1236 - A minimum of two (2) openings having a total net area of not 1237 less than one square inch for every square foot of enclosed 1238 area subject to flooding shall be provided;and 1239 - The bottom of all openings shall be no higher than one foot 1240 (1) above grade;and 1241 - Openings may be equipped with screens, louvers, or other 1242 coverings or devices provided that they permit the automatic 1243 entry and exit of floodwaters. 1244 b. Manufactured Homes: All manufactured homes to be placed or 1245 substantially improved within Zones A1-30, AH, and AE shall be elevated on a 1246 permanent foundation such that the lowest floor of the manufactured home is 1247 a minimum of one foot above the base flood elevation and be securely 1248 anchored to an adequately anchored foundation system in accordance with 1249 the provisions of RMC 4-3-050.1.2.b, Anchoring-Manufactured Homes. This 1250 section applies to manufactured homes to be placed or substantially improved 1251 in an expansion to an existing manufactured home park or subdivision. This 1252 section does not apply to manufactured homes to be placed or substantially 1253 improved in an existing manufactured home park or subdivision except where 1254 the repair, reconstruction, or improvement of the streets, utilities and pads 1255 equals or exceeds fifty percent(50%) of the value of the streets, utilities and 1256 pads before the repair, reconstruction, or improvement has commenced. 1257 c. Nonresidential Construction: New construction and substantial 1258 improvement of any commercial, industrial or other nonresidential structure 1259 shall have the lowest floor, including basement, elevated a minimum of one 1260 foot above the level of the base flood elevation; and together with attendant 1261 utility and sanitary facilities, shall: 1262 i_ Be floodproofed so that below the base flood level the structure is 1263 watertight with walls substantially impermeable to the passage of 1264 water; 1265 ii. Have structural components capable of resisting hydrostatic and 1266 hydrodynamic loads and effects of buoyancy; City of Renton Sensitive Armor Ordinance— Public Draft#1 **trio October 25, 1999 RMC 4-3-050 RMC Page 54 1267 iii. Be certified by a registered professional engineer or architect that 1268 the design and methods of construction are in accordance with 1269 accepted standards of practice for meeting provisions of this 1270 subsection based on their development and/or review of the structural 1271 design, specifications and plans. Such certifications shall be provided 1272 to the Building Official; 1273 iv. Nonresidential structures that are elevated, not floodproofed, must 1274 meet the same standards for space below the lowest floor as 1275 described in RMC 4-3-050.1.3.a.ii. 1276 v. Applicants floodproofing nonresidential buildings shall be notified 1277 that flood insurance premiums will be based on rates that are one foot 1278 (1') below the floodproofed level(e.g., a building constructed to one 1279 foot above the base flood level will be rated at the base flood level). 1280 4. Additional Restrictions within Floodways: Located within areas of special flood 1281 hazard established in RMC 4-3-050.8.3.c are areas designated as floodways. Since 1282 the floodway is an extremely hazardous area due to the velocity of flood waters which 1283 carry debris, potential projectiles, and erosion potential, the following provisions 1284 apply: 1285 a. Increase in Flood Levels Prohibited: Encroachments, including fill, new 1286 construction, substantial improvements, and other development are prohibited 1287 unless certification by a registered professional engineer is provided 1288 demonstrating that: 1289 i_ Encroachments shall not result in any increase in flood levels during 1290 the occurrence of the base flood discharge; and 1291 ii. There are no adverse impacts to the subject property or abutting or 1292 adjacent properties; and 1293 iii. There are no higher flood elevations upstream; and 1294 iv. The impact due to floodway encroachment shall be analyzed using 1295 future land use condition flows. 1296 v. If RMC 4-3-050.I.4.a. is satisfied, all new construction and 1297 substantial improvements shall comply with all applicable flood hazard 1298 reduction provisions of this section. 1299 b. Residential Construction in Floodways: Construction or reconstruction 1300 of residential structures is prohibited within designated floodways, except for: 1301 i. repairs, reconstruction, or improvements to a structure which do not 1302 increase the ground floor area;and 1303 ii. repairs, reconstruction or improvements to a structure, the cost of 1304 which does not exceed fifty percent(50%) of the market value of the 1305 structure either, a) before the repair, reconstruction, or repair is 1306 started, orb) if the structure has been damaged, and is being restored, 1307 before the damage occurred. Work done on structures to comply with 1308 existing health, sanitary, or safety codes or to structures identified as 1309 historic places shall not be included in the fifty percent(50%). 1310 5. Compensatory Storage: City of Renton Sensitive Areas?'Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 55 1311 a. Compensatory Storage Required: Development proposals and other 1312 alterations shall not reduce the effective base flood storage volume of the 1313 floodplain. If grading or other activity will reduce the effective storage volume, 1314 compensatory storage shall be created on the site or off the site if legal 1315 arrangements can be made to assure that the effective compensatory storage 1316 volume will be preserved over time. Compensatory storage shall be 1317 configured so as not to trap or strand salmonids after flood waters recede and 1318 may be configured to provide salmonid habitat or high flow refuge whenever 1319 suitable site conditions exist and the configuration does not adversely affect 1320 bank stability or existing habitat. 1321 b. Additional Requirements -Springbrook Creek: The higher of the City 1322 hydrologic and hydraulic model results for the 100-year future land use 1323 conveyance and storage events shall be used by the City to determine the 1324 volume of compensatory storage required for filling within the 100-year flood 1325 zone of Springbrook Creek. 1326 i. An exception to this requirement shall apply where the Federal 1327 Emergency Management Agency(FEMA)defined 100-year flood zone 1328 is lower than the City model results for the 100-year future land use 1329 conveyance event. 1330 ii. Under the exception, the lower FEMA floodplain elevation shall be 1331 used. The exception only applies for the reach of Springbrook Creek 1332 between SW 43rd Street and Oakesdale Avenue near SW 41 st Street. 1333 c. Determining Finished Floor Elevations According to FEMA: Although 1334 City model results will apply to compensatory storage requirements, the FEMA 1335 100-year flood plain elevations shall be used to establish building finished 1336 floor elevations to comply with other National Flood Insurance Program 1337 requirements. 1338 J. GEOLOGIC HAZARDS: 1339 1. Applicability: In addition to the General Standards of RMC 4-3-050.E, the 1340 following performance standards, RMC 4-3-050.J.2.-J.8., apply to all regulated 1341 geologic hazard areas, unless the subsection clearly identifies that the standard 1342 applies only to a specific geologic hazard category. Multiple performance standards 1343 may apply to a site feature,for example steep slope, landslide and erosion hazards, 1344 based upon overlapping classification systems. 1345 2. Special Studies Required: Whenever a proposed development requires a 1346 development permit and a geologic hazard is present on the site of the proposed 1347 development, geotechnical studies by qualified professionals shall be required. 1348 Specifically, geotechnical studies are required for developments proposed on sites 1349 with any of the following.geologic hazards: 1350 a. Sensitive and protected slopes, 25% or greater; 1351 b. Medium, high, or very high landslide hazards; 1352 c. High erosion hazards; 1353 d. High seismic hazards; 1354 e. Medium or high coal mine hazards. 1355 3. Independent Secondary Review: City of Renton Sensitive Ar !!`Ordinance— Public Draft#1 Nov October 25, 1999 RMC 4-3-050 RMC Page 56 1356 a. Required: Sites with Slopes 25% or Greater, and Medium, High, or 1357 Very High Landslide Hazards: All geotechnical reports submitted in 1358 accordance with RMC 4-3-050.J.2 and Chapter 4-8 shall be independently 1359 reviewed by qualified specialists selected by the City, at the applicant's 1360 expense. An applicant may request that independent review be waived by the 1361 Department Administrator in accordance with RMC 4-3-050.D.4.b. 1362 b. At City's Discretion: High Erosion, High Seismic, Medium Coal Mine, 1363 or High Coal Mine Hazards: The City may require independent review of an 1364 applicant's geotechnical report by qualified specialists selected by the City, at 1365 the applicants expense. 1366 4. Conditions of Approval: Conditions of approval may modify the proposal, 1367 including, but not limited to, construction techniques, design, drainage, project 1368 size/configuration, or seasonal constraints on development. Additional possible 1369 conditions may be listed under the performance standards for each hazard type. 1370 Upon review of geotechnical studies, the development permit shall be conditioned to 1371 mitigate adverse environmental impacts and to assure that the development can be 1372 safely accommodated on the site and is consistent with the purposes of this section. 1373 5. Slopes Forty Percent(40%) or Greater: 1374 a. Development Prohibited On Steep Slopes Forty Percent(40%) or 1375 Greater: Development is prohibited on slopes greater than forty percent 1376 (40%). This restriction is not intended to prevent the subdivision or 1377 development of property that includes 40% or greater slopes on a portion of 1378 the site, provided there is enough developable area elsewhere to 1379 accommodate building pads. Exceptions to the prohibition may be granted 1380 for: 1381 i. Manmade slopes pursuant to a modification as stated in RMC 4-3- 1382 050.N.2, 1383 ii. Construction, reconstruction, additions, and associated 1384 accessory structures of a single family home on an existing 1385 legal lot pursuant to a variance as stated in RMC 4-9-250.B.1. 1386 This allowance for a variance request applies to lots which 1387 predominantly have 40% or greater slopes (i.e. virtually no area 1388 with less steep slopes where a dwelling unit and accessory 1389 structures could be placed). 1390 iii. Installation of public utilities which are needed to protect slope 1391 stability, and public road widening where the following provisions have 1392 been demonstrated: 1393 • The utility or road improvement is consistent with the Renton 1394 Comprehensive Plan, adopted Utility Plans, and the Transportation 1395 Improvement Program where applicable. 1396 • Alternative locations have been determined to be economically or 1397 functionally infeasible. 1398 • A geotechnical evaluation indicates that the proposal will not 1399 increase the risk of occurrence of a geologic hazard, and 1400 measures are identified to eliminate or reduce risks. ` ., City of Renton Sensitive Areerr Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 57 1401 Where the excepted activities above are allowed, the erosion control 1402 measures in RMC 4-3-050.J.6. shall also apply. 1403 b. Native Growth Protection Areas -Steep Slopes Forty Percent (40%) or 1404 Greater: Unless development is allowed pursuant to RMC 4-3-050.J.5 a.i., 1405 a.ii., or a.iii, those slopes greater than forty percent (40%) shall be placed in a 1406 Native Growth Protection Area pursuant to RMC 4-3-050.G, or dedicated to a 1407 conservation organization or land trust, or similarly preserved through a 1408 permanent protective mechanism acceptable to the City. Mitigation shall be 1409 required by the City. 1410 c. Conditions of Approval: Based upon the results of the geotechnical 1411 report and independent review, conditions of approval for developments on 1412 sites which include steep slopes may include, but are not limited to vegetation 1413 enhancement, slope stabilization, buffer zones, or other requirements. 1414 6. Sensitive Slopes,Twenty Five to Forty Percent(25-40%); Medium, High and 1415 Very High Landslide Hazards; and High Erosion Hazards: The following 1416 standards apply to development on slopes between twenty five and forty percent(25- 1417 40%), Medium/HighNery High Landslide Hazard areas, and High Erosion Hazard 1418 areas: 1419 a. Erosion Control Plans: Development applications shall submit erosion 1420 control plans consistent with RMC 4-3-050.J.2 and Chapter 4-8. 1421 b. Conditions of Approval: The Reviewing Official may condition a 1422 development proposal to achieve minimal site erosion, including, but not 1423 limited to, timing of construction and vegetation stabilization, sequencing or 1424 phasing of construction, clearing and grading limits, and other measures. 1425 c. On-site Inspections: During construction, weekly onsite inspections shall 1426 be required at the applicant's expense. Weekly reports documenting erosion 1427 control measures shall be required. 1428 7. Very High Landslide Hazards: 1429 a. Prohibited Development: Development shall not be permitted on land 1430 designated with Very High Landslide Hazards, except by variance, 1431 administered pursuant to RMC 4-9-250.B.1, for construction of a single family 1432 home on an existing legal lot. 1433 b. Buffer Requirement: A buffer of fifty feet(50')shall be established from 1434 the top, toe and sides of a Very High Landslide Hazard area. The Department 1435 Administrator may increase or decrease the required buffer based upon the 1436 results of a geotechnical report, and any increase or decrease based upon the 1437 results of the geotechnical study shall be documented in writing and included 1438 with the project approval. 1439 c. Native Growth Protection Area -Very High Landslide Hazards: The 1440 landslide hazard area shall be placed in a native growth protection area 1441 pursuant to RMC 4-3-050.G, or dedicated to a conservation organization or 1442 land trust, or similarly preserved through a permanent protective mechanism 1443 acceptable to the City. Based upon the results of the geotechnical study, the 1444 buffer may be placed in a native growth protection area, or it may be 1445 designated as a "no build" easement, or the area may be designated in part, a 1446 native growth protection area and in part, a"no build" easement. City of Renton Sensitive Artilit Ordinance— Public Draft#1 *440 October 25, 1999 RMC 4-3-050 RMC Page 58 1447 8. Coal Mine Hazards: 1448 a. Medium Hazard - Report Required: Reports consistent with RMC 4-4- 1449 050.J.2 and Chapter 4-8 shall be prepared for development proposed within 1450 Medium Coal Mine Hazard areas and for development proposed within two 1451 hundred feet (200')of a Medium Coal Mine Hazard area. An applicant may 1452 request that the Department Administrator waive the report requirement 1453 pursuant to RMC 4-3-050.D.4.b. where it has been determined through field 1454 documentation that coal mine hazards are not present. 1455 b. High Hazard -Report Required: Reports consistent with RMC 4-3- 1456 050.J.2 and Chapter 4-8 shall be prepared for development_proposed within 1457 High Coal Mine Hazard areas and for development proposed within five 1458 hundred feet (500')of a High Coal Mine Hazard area. An applicant may 1459 request that the Department Administrator waive the report requirement 1460 pursuant to RMC 4-3-050.D.4.b. where it has been determined through field 1461 documentation that coal mine hazards are not present. 1462 c. Conditions of Approval: Based upon the results of studies prepared, the 1463 City may condition approval of development by requiring mitigation. Potential 1464 mitigation may include, but is not limited to, backfillinq and sealing mine 1465 entries and shafts, backfillinq existing sinkholes, removal or regrading or 1466 capping coal mine waste dumps, limiting development on portions of the site, 1467 or other measures offering equal protection from the hazard. 1468 i. Additional Engineering Design and Remediation Specifications: 1469 After approval of the mitigation approach proposed as a result of 1470 subsection 8.c above, and prior to construction, the applicant shall 1471 complete engineering design drawings and specifications for 1472 remediation. Upon approval of the plans and specifications, the 1473 applicant shall complete the remediation. Hazard mitigation shall be 1474 performed by or under the direction of a qualified engineer or 1475 geologist. The applicant shall document the hazard mitigation by 1476 submitting as-builts and a remediation construction report. 1477 d. Hazards Found During Construction: Any hazards found during any 1478 development activities shall be immediately reported to the Development 1479 Services Division. Any coal mine hazards shall be mitigated prior to 1480 recommencing construction based upon supplemental recommendations or 1481 reports by the applicant's geotechnical professional. 1482 f. Construction in Areas with Combustion: Construction shall not be 1483 permitted where surface or subsurface investigations indicate the possible 1484 presence of combustion in the underlying seam or seams, unless the impact is 1485 adequately mitigated in accordance with the recommendations of the 1486 applicant's geotechnical professional. 1487 K. HABITAT CONSERVATION: 1488 1. Applicability: In addition to the General Standards of RMC 4-3-050.E, the 1489 following performance standards, RMC 4-3-050.K.2.-K.5., apply to all non-exempt 1490 activities on sites containing critical habitat areas per RMC 4-3-050.B.5 1491 2. Habitat Assessment Required: Based upon RMC 4-3-050.B.5, the City shall 1492 require a habitat/wildlife assessment to determine the extent, function and value of 1493 the critical habitat when regulated activities are proposed which have the potential to "''' City of Renton Sensitive Ar 'Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 59 1494 cause significant impacts. In cases where a proposal is not likely to significantly 1495 impact the critical habitat and there is sufficient information to determine the effects of 1496 a proposal, an applicant may request that this report be waived by the Department 1497 Administrator in accordance with RMC 4-3-050.D.4.b. The City may require 1498 independent review of an applicant's report by qualified specialists selected by the 1499 City, at the applicant's expense. 1500 3. Native Growth Protection Areas: Critical habitat areas and their associated 1501 buffers shall be placed in a Native Growth Protection Area subject to the 1502 requirements of RMC 4-3-050.G, or dedicated to a conservation organization or land 1503 trust, or similarly preserved through a permanent protective mechanism acceptable to 1504 the City. 1505 4. Alterations Require Mitigation: If alterations to critical habitat/wildlife habitat or 1506 buffers are proposed, mitigation shall be required by the City. The applicant shall 1507 evaluate alternative methods of developing the property using the following criteria in 1508 this order: 1509 a. Avoid any disturbances to the habitat. 1510 b. Minimize any impacts to the habitat. 1511 c. Compensate for any habitat impacts. 1512 5. Mitigation Options: In addition to any performance standards or mitigation 1513 required by shoreline/stream/lake or wetland regulations, additional mitigation may be 1514 determined by the Reviewing Official based upon the consultant report submitted by 1515 the applicant, and/or peer review of the applicant's consultant report by a qualified 1516 professional selected by the City at the applicant's expense, and/or by information 1517 from State or Federal agencies. 1518 a. On-Site Mitigation: Mitigation shall be provided on-site, unless on-site 1519 mitigation is not scientifically feasible due to physical features of the property. 1520 The burden of proof shall be on the applicant to demonstrate that mitigation 1521 cannot be provided on-site. 1522 b. Off-Site Mitigation: When mitigation cannot be provided on-site, 1523 mitigation shall be provided in the immediate vicinity of the permitted activity 1524 on property owned or controlled by the applicant, and identified as such 1525 through a recorded document such as an easement or covenant, provided 1526 such mitigation is beneficial to the habitat area and associated resources. 1527 c. In-Kind Mitigation: In-kind mitigation shall be provided except when the 1528 applicant demonstrates and the City concurs that greater functional and 1529 habitat value can be achieved through out-of-kind mitigation. 1530 L. SHORELINES, STREAMS AND LAKES: [Reserved' 1531 M. WETLANDS: 1532 1. Applicability: In addition to General Standards of RMC 4-3-050.E, the following 1533 performance standards apply to all regulated wetlands. 1534 a. Regulated and Non-Regulated Wetlands -General: Wetlands created 1535 or restored as a part of a mitigation project are regulated wetlands. Regulated 1536 wetlands do not include those artificial wetlands intentionally created from 1537 non-wetland sites for purposes other than wetland mitigation, including, but 1538 not limited to, irrigation and drainage ditches, grass-lined swales, canals, City of Renton Sensitive A1's Ordinance— Public Draft#1 ' October 25, 1999 RMC 4-3-050 RMC Page 60 1539 detention facilities, wastewater treatment facilities, farm pond, and landscape 1540 amenities, or those wetlands created after July 1, 1990 that were 1541 unintentionally created as a result of the construction of a road, street, or 1542 highway. The Department Administrator shall determine that a wetland is not 1543 regulated on the basis of photographs, statements, and other evidence. 1544 b. Non-Regulated Category 3 Wetlands: Based upon an applicant request, 1545 the Department Administrator may determine that Category 3 wetlands are not 1546 considered regulated wetlands, if the applicant demonstrates the following 1547 criteria are met: 1548 i. The wetland formed on top of fill legally placed on a property; and, 1549 ii. The wetland hydrology is solely provided by the compaction of the 1550 soil and fill material; and, 1551 iii. The U.S. Army Corps of Engineers has determined that they will 1552 not take jurisdiction over the wetland. 1553 2. General Standards for Permit Approval: Permit approval by the Reviewing 1554 Official for projects involving regulated wetlands or wetland buffers shall be granted 1555 only if the approval is consistent with the provisions of this section. Additionally, 1556 approvals shall only be granted if. 1557 a. A proposed action avoids adverse impacts to regulated wetlands or their 1558 buffers or takes affirmative and appropriate measures to minimize and 1559 compensate for unavoidable impacts;and 1560 b. The proposed activity results in no net loss of regulated wetland area, 1561 value, or function in the drainage basin where the wetland is located; or 1562 c. Denial of a permit would deny all reasonable use of the property and a 1563 variance process is successfully completed to determine conditions for 1564 permitting of activity requested. 1565 3. Study Required: 1566 a. When Study Is Required: Wetland classifications or delineations are 1567 required as follows: 1568 i. Wetland Classification: The applicant shall be required to conduct 1569 a study to determine the classification of the wetland if the subject 1570 property or project area is within one hundred feet (100') of a wetland 1571 even if the wetland is not located on the subject property but it is 1572 determined that alterations of the subject property are likely to impact 1573 the wetland in question. 1574 ii. Wetland Delineation: A wetland delineation is required for any 1575 portion of a wetland on the subject property that will be impacted by 1576 the permitted activities. 1577 b. Study Waived: The study shall be waived by the Department 1578 Administrator when the applicant provides satisfactory evidence that a road, 1579 building or other barrier exists between the wetland and the proposed activity, 1580 or when the buffer area needed or required will not intrude on the applicant's 1581 lot. 1582 4. Delineation of Regulatory Edge of Wetlands: City of Renton Sensitive Arw„a Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 61 1583 a. Methodology: For the purpose of regulation, the exact location of the 1584 wetland edge shall be determined by the wetlands specialist hired at the 1585 expense of the applicant through the performance of a field investigation using 1586 the procedures provided in the following manual: Washington State Wetlands 1587 Identification and Delineation Manual,Washington State Department of 1588 Ecology, March 1997, Ecology Publication #96-94. 1589 b. Delineations -Open Water: Where wetlands are contiguous with areas 1590 of open freshwater, streams, or rivers, the delineation shall be consistent with 1591 the Washington State Wetlands Rating System: Western Washington, 1592 Second Edition,Washington State Department of Ecology August 1993, 1593 Publication#93-74, Appendix 5, or another accepted Federal or State 1594 methodology, subject to City review. 1595 c. Adjustments to Delineation by City: Where the applicant has provided a 1596 delineation of the wetland edge, the City shall review and may render 1597 adjustments to the edge delineation. In the event the adjusted edge 1598 delineation is contested by the applicant, the City shall at the applicant's 1599 expense, obtain the services of an additional qualified wetlands specialist to 1600 review the original study and render a final delineation. 1601 d. Period of Validity for Wetland Delineation: A final wetland delineation is 1602 valid for five (5)years. Upon applicant request, extensions for additional years 1603 may be approved by the Department Administrator if an application is 1604 proceeding in a timely manner through the permit process. 1605 5. Determination of Wetland Classification: Wetland studies shall determine the 1606 appropriate wetland classification according to RMC 4-3-050.B.7. The City may 1607 accept a dual wetland classification for a wetland exhibiting a combination of 1608 Category 1 and 2 features or a combination of Category 1 and 3 features. The City 1609 will not accept a dual rating for a Category 2 wetland, such as a combined Category 2 1610 and 3 rating. Dual ratings for a Category 1 wetland shall be consistent with the 1611 Washington State Wetlands Rating System: Western Washington, Second Edition, 1612 Washington State Department of Ecology, August 1993, Publication #93-74. 1613 6. Wetland Buffers: 1614 a. Buffers Required: Wetland buffer zones shall be required of all proposed 1615 regulated activities adjacent to regulated wetlands. Any wetland created, 1616 restored, or enhanced in conjunction with creation or restoration as 1617 compensation for approved wetland alterations shall include the standard 1618 buffer required for the class of the wetland being replaced. Except as 1619 otherwise specified, all required wetland buffer zones shall be retained in their 1620 natural condition. Where buffer disturbance has occurred during construction 1621 or other activities, revegetation with native vegetation may be required. 1622 b. Measurement of Buffers: All buffers shall be measured from the wetland 1623 boundary as surveyed in the field pursuant to the requirements of RMC 4-3- 1624 050.M.4.a. 1625 c. Standard Buffer Zone Widths: The width of the required wetland buffer 1626 zone shall be determined according to the wetland category. The buffer zone 1627 required for all regulated wetlands is determined by the classification of the 1628 wetland. If standard buffer widths cannot be met, and buffer reductions per 1629 RMC 4-3-050.M.6.e, and buffer averaging per RMC 4-3-050.M.6.f.cannot be City of Renton Sensitive Arm Ordinance — Public Draft#1 _ October 25, 1999 RMC 4-3-050 RMC Page 62 1630 accomplished, a variance to buffer requirements may be requested per RMC 1631 4-3-050.N and 4-9-250.B. F a , t ue.6104 e Category 1 - Very High 100 feet Quality Category 2-High Quality 50 feet Category 3-Lower Quality 25 feet 1632 d. Increased Wetland Buffer Zone Width: The Environmental Review 1633 Committee may require increased standard buffer zone widths in unique 1634 cases-i.e., endangered species, very fragile areas, when a larger buffer is 1635 necessary to protect wetlands functions and values. This determination shall 1636 be supported by appropriate documentation provided by the applicant or the 1637 City showing that increased buffers are reasonably related to protection of the 1638 functions and values of the regulated wetland. Such determination shall be 1639 attached as a condition of project approval and shall demonstrate that: 1640 L A larger buffer is necessary to maintain viable populations of 1641 existing species; or 1642 ii. The wetland is used by species listed by the Federal or the State 1643 government as threatened, endangered and sensitive species and State listed 1644 priority species, essential habitat for those species or has unusual nesting or 1645 resting sites such as heron rookeries or raptor nesting trees or evidence 1646 thereof or 1647 iii. Nearby lands which drain into the wetland are susceptible to severe 1648 erosion, and erosion control measures will not effectively prevent adverse 1649 wetland impacts;or 1650 iv. Nearby lands which drain into the wetland have minimal vegetative 1651 cover or slopes greater than fifteen percent(15%). 1652 e. Reduction of Buffer Width: Based upon an applicant's request, the 1653 Department Administrator may approve a reduction in the standard wetland 1654 buffer zone widths on a case-by-case basis where the applicant can 1655 demonstrate compliance with subsections"i"or"ii" below. Such determination 1656 and evidence shall be included in the application file and public notification 1657 shall be given by posting the subject site and City Hall, and notifying parties of 1658 record. 1659 i_ The adjacent land is extensively vegetated and has less than fifteen 1660 percent(15%) slopes and no direct or indirect, short-term or long-term, 1661 adverse impacts to regulated wetlands, as determined by the City, will 1662 result from a regulated activity. The City's determination shall be 1663 based on specific site studies by recognized experts. The City may 1664 require long-term monitoring of the project and subsequent corrective 1665 actions if adverse impacts to regulated wetlands are discovered; or 1666 ii. The project includes a buffer enhancement plan using native 1667 vegetation and substantiates that the enhanced buffer will be equal to '"'" City of Renton Sensitive Aremes Ordinance—Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 63 1668 or improve the functional attributes of the buffer. An enhanced buffer 1669 shall not result in greater than a twenty five percent(25%) reduction in 1670 the buffer width, and the reduced buffer shall not be less than twenty 1671 five feet (25) wide. Greater buffer width reductions require review as a 1672 variance per RMC 4-3-050.N.3. 1673 f. Averaging of Buffer Width: Standard wetland buffer zones may be 1674 modified by averaging buffer widths. Upon applicant request, wetland buffer 1675 width averaging may be allowed by the Department Administrator only where 1676 the applicant demonstrates all of the following: 1677 i_ The averaging is necessary to avoid denial of reasonable use to the 1678 applicant caused by circumstances peculiar to the property; and 1679 ii. That the wetland contains variations in sensitivity due to existing 1680 physical characteristics; and 1681 iii. That only low impact land uses would be located adjacent to areas 1682 where buffer width is reduced, and that such low impact land uses are 1683 guaranteed by covenant, deed restriction, easement or other legally 1684 binding mechanism; and 1685 iv. That width averaging will not adversely impact the wetland function 1686 and values; and 1687 v. That the total area contained within the wetland buffer after 1688 averaging is no less than that contained within the required standard 1689 buffer prior to averaging. 1690 vi. In no instance shall the buffer width be reduced by more than fifty 1691 percent(50%) of the standard buffer or be less than twenty-five feet 1692 (25') wide. Greater buffer width reductions require review as a 1693 variance per RMC 4-3-050.N.3 and RMC 4-9-250.B. 1694 vii. Buffer enhancement in the areas where the buffer is reduced may 1695 be required on a case-by-case basis where appropriate to site 1696 conditions, wetland sensitivity, and proposed land development 1697 characteristics. 1698 7. Wetlands- Native Growth Protection Areas: 1699 a. Protection Area Required: As a condition of any approval issued 1700 pursuant to this section for any development permit, the property owner shall 1701 be required to create a separate Native Growth Protection Area containing the 1702 areas determined to be wetland and/or wetland buffer in field investigations 1703 performed pursuant to RMC 4-3-050.M.4 and 5. 1704 b. Establishment: Native Growth Protection Areas shall be established 1705 pursuant to RMC 4-3-050.G or dedicated to a conservation organization or 1706 land trust, or similarly preserved through a permanent protective mechanism 1707 acceptable to the City. 1708 c. Fencing May Be Required: The City shall require permanent fencing of 1709 the Native Growth Protection Area containing wetlands and associated buffers 1710 when there is a substantial likelihood of the presence of domestic grazing 1711 animals within the development proposal. The City shall also require as a 1712 permit condition that such fencing be provided if, subsequent to approval of 1713 the development proposal, domestic grazing animals are in fact introduced. City of Renton Sensitive Arm Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 64 1714 8. Wetland Changes -Alternative Methods of Development: If wetland changes 1715 are proposed for a non-exempt activity, the applicant shall evaluate alternative 1716 methods of developing the property using the following criteria in this order. 1717 a. Avoid any disturbances to the wetland or buffer; 1718 b. Minimize any wetland or buffer impacts; 1719 c. Restore any wetlands or buffer impacted or lost temporarily;and 1720 d. Compensate for any permanent wetland or buffer impacts by one of the 1721 following methods: 1722 i. Restoring a former wetland and provide buffers at a site once 1723 exhibiting wetland characteristics to compensate for wetlands lost; 1724 ii. Creating new wetlands and buffers for those lost; and 1725 iii. In addition to restoring or creating a wetland, enhancing an existing 1726 degraded wetland to compensate for lost functions and values. 1727 9. Compensating For Wetlands Impacts: 1728 a. Goal: The overall goal of any compensatory project shall be no net loss of 1729 wetland function and acreage and to strive for a net resource gain in wetlands 1730 over present conditions. The concept of"No net loss" means to create, 1731 restore and/or enhance a wetland so that there is no reduction to total wetland 1732 acreage and/or function. 1733 b. Plan Requirements: The applicant shall develop a plan that provides for 1734 land acquisition, construction, maintenance and monitoring of replacement 1735 wetlands that recreate as nearly as possible the wetland being replaced in 1736 terms of acreage, function, geographic location and setting, and that are equal 1737 to or larger than the original wetlands. 1738 c. Plan Performance Standards: Compensatory mitigation shall follow an 1739 approved mitigation plan pursuant to RMC 4-3-050.M.8—M.10 and shall meet 1740 the following minimum performance standards. The applicant shall: 1741 i. Demonstrate sufficient scientific expertise, the supervisory 1742 capability, and the financial resources to carry out the project;and 1743 ii. Demonstrate the capability for monitoring the site and to make 1744 corrections during the monitoring period if the project fails to meet 1745 projected goals; and 1746 iii. Protect and manage, or provide for the protection and 1747 management, of the compensation area to avoid further development 1748 or degradation and to provide for long-term persistence of the 1749 compensation area; and 1750 iv. Provide for project monitoring and allow annual City inspections. 1751 d. Acceptable Mitigation - Permanent Wetland Impacts: Any person who 1752 alters regulated wetlands shall restore or create equivalent areas or greater 1753 areas of wetlands than those altered in order to compensate for wetland 1754 losses. Enhancement of wetlands may be provided as mitigation if it is 1755 conducted in conjunction with mitigation proposed to create or restore a 1756 wetland in order to maintain "no-net-loss"of wetland acreage. RMC 4-3- ..• City of Renton Sensitive Aries Ordinance—Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 65 1757 050.M.10 through 12 provides further detail on wetland restoration, creation, 1758 and enhancement. 1759 e. Restoration, Creation, or Combined Enhancement Required - 1760 Compensation for Permanent Wetland Impacts: As a condition of any 1761 permit allowing alteration of wetlands and/or wetland buffers, or as an 1762 enforcement action the City shall require that the applicant engage in the 1763 restoration or creation of wetlands and their buffers (or funding of these 1764 activities) in order to offset the impacts resulting from the applicant's or 1765 violator's actions. Enhancement in conjunction with restoration or creation 1766 may be allowed in order to offset the impacts resulting from an applicant's 1767 actions. Enhancement is not allowed as compensation for a violator's actions. 1768 f. Compensating for Temporary Wetland Impacts: Where wetland 1769 disturbance has occurred during construction or other activities, see RMC 4-3- 1770 050.C.5.f.3. 1771 g. Mitigation Bank Agreement-Glacier Park Company: Pursuant to the 1772 Wetland Mitigation Bank Agreement between the City and the Glacier Park 1773 Company, King County recording number 9206241805, wetland alteration and 1774 wetland mitigation shall be conducted in accordance with the agreement. 1775 10. Wetland Compensation--Restoration, Creation, and Enhancement: The 1776 applicant may propose a mitigation approach that includes restoration or creation 1777 solely or combines restoration or creation with enhancement. The City may require 1778 one mitigation approach in favor of another if it is determined that: 1779 a. There is a greater probability of success in ensuring no-net-loss of 1780 wetlands acreage, functions, and values; and 1781 b. The mitigation approach can be accomplished on-site rather than off-site. 1782 11. Wetlands Creation and Restoration. 1783 a. Creation or Restoration Proposals: Any applicant proposing to alter 1784 wetlands may propose to restore wetlands or create new wetlands, with 1785 priority first for on-site restoration or creation and then second, within the 1786 drainage basin, in order to compensate for wetland losses. Restoration 1787 activities must include restoring lost hydrologic, water quality and biologic 1788 functions. 1789 b. Compliance with Goals: Applicants proposing to restore or create 1790 wetlands shall identify how the restoration or creation plan conforms to the 1791 purposes and requirements of this section and established regional goals of 1792 no net loss of wetlands. 1793 c. Category: Where feasible, created or restored wetlands shall be a higher 1794 category than the altered wetland. In no cases shall they be lower, except as 1795 follows: For impacts to Category 1 shrub-scrub and emergent wetlands, if it is 1796 infeasible to create or restore a site to become a Category 1 wetland, the 1797 Administrator may allow for creation/restoration of high quality Category 2 1798 wetlands at 150% of the normally required creation/replacement ratios of 1799 Category 1 shrub-scrub or emergent wetlands, within the basin. 1800 d. Design Criteria: Requirements for wetland restoration or creation as 1801 compensation areas shall be determined according to the function, acreage, 1802 type and location of the wetland being replaced. Compensation requirements City of Renton Sensitive Arw►5 Ordinance— Public Draft#1 rr+O October 25, 1999 RMC 4-3-050 RMC Page 66 1803 should also consider time factors, the ability of the project to be self-sustaining 1804 and the projected success based on similar projects. Wetland functions and 1805 values shall be calculated using the best professional judgment of a qualified 1806 wetland ecologist using the best available techniques. Multiple or cooperative 1807 compensation projects may be proposed for one project in order to best 1808 achieve the goal of no net loss. Restoration or creation must be within the 1809 same drainage basin, unless authorized otherwise by variance per RMC 4-3- 1810 050.N and RMC 4-9-250.B. 1811 e. Acreage Replacement Ratio: The ratios listed in the following table apply 1812 to all Category 1, 2, or 3 wetlands for restoration or creation which is in-kind, 1813 on-or off-site, timed prior to alteration, and has a high probability of success. 1814 The required ratio must be based on the wetland category and type that 1815 require replacement. Ratios are determined by the probability of recreating 1816 successfully the wetland and the inability of guarantees of functionality, 1817 longevity, and duplication of type and/or functions. 1818 . .TJQS e DS' ESI TION .7 7-el Wetland Category Vegetation Type Creation/Restoration Ratio Category 1 Forested 6 times the area altered. Very High Quality Scrub-shrub 3 times the area altered. Emergent 2 times the area altered. Category 2 Forested 3 times the area altered. High Quality Scrub-shrub 2 times the area altered. Emergent 1.5 times the area altered. Category 3 Forested 1.5 times the area altered. Lower Quality Scrub-shrub 1.5 times the area altered. Emergent 1.5 times the area altered. 1819 1820 f. Increased Creation/Restoration/Replacement Ratios: The Reviewing 1821 Official may increase the ratios under the following circumstances: 1822 uncertainty as to the probable success of the proposed restoration or creation; 1823 significant period of time between destruction and replication of wetland 1824 functions;projected losses in functional value; or off-site compensation. 1825 These ratios may also be increased when wetland replacement is required for. 1826 The requirement for an increased replacement ratio will be determined 1827 through SEPA review, except in the case of remedial actions resulting from 1828 illegal alterations where the Department Administrator or Environmental 1829 Review Committee may require increased wetland replacement ratios. 1830 g Decreased Creation/Restoration/Replacement Ratios: City of Renton Sensitive Arowg Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 67 1831 i. The Reviewing Official may decrease the ratios for Category 1 1832 forested and scrub-shrub wetlands to 2.0 times the area altered, and to 1833 1.5 times the area altered for emergent wetlands, provided the 1834 applicant has successfully replaced the wetland prior to its filling and 1835 has shown that the replacement is successfully established for five (5) 1836 years. 1837 ii. The Reviewing Official may decrease the ratios for Category 2 1838 forested and scrub-shrub wetlands to 1.5 times the area altered 1839 provided the applicant has successfully replaced the wetland prior to 1840 its filling and has shown that the replacement is successfully 1841 established for two (2)years. Ratios for Category 2 emergent 1842 wetlands may be reduced to 1.25 times the area altered provided the 1843 applicant has successfully replaced the wetland prior to its filling and 1844 has shown that the replacement is successfully established for two (2) 1845 years. 1846 iii. The Reviewing Official may decrease the ratios for Category 3 1847 emergent wetlands to 1.0 times the area altered provided the applicant 1848 has successfully replaced the wetland prior to its filling and has shown 1849 that the replacement is successfully established for twelve (12) 1850 months. Ratios for Category 3 scrub-shrub and forested wetlands may 1851 be reduced to 1.25 times the area altered provided the applicant has 1852 successfully replaced the wetland prior to its filling and has shown that 1853 the replacement is successfully established for two (2)years. 1854 - If the applicant can aggregate two (2) or more Category 3 1855 wetlands, each less than ten thousand(10,000) square 1856 feet, into one wetland, the replacement ratio shall be 1857 reduced to 1:1. If the combined wetland would be rated as 1858 a Category 2 wetland as a result of the combination, the 1859 buffer requirement may be reduced to 25 feet minimum 1860 provided the buffer is enhanced. 1861 h. Category 3 Replacement Option: The applicant, at his/her expense, may 1862 select to use accepted Federal or State methods to establish the functions 1863 and values for the Category 3 wetland being replaced in lieu of replacement 1864 by acreage only. A third party review, funded by the applicant, and hired and 1865 managed by the City, shall review and verify the reports. Dependent upon the 1866 results of the functions and values evaluation, a Category 3 wetland may be 1867 replaced by assuring that all the functions and values are replaced in another 1868 location, within the same basin. 1869 i. Minimum Restoration/Creation Ratio: Unless allowed by subsection 11.q 1870 above, restoration or creation ratios may only be reduced by modification or 1871 variance pursuant to RMC 4-3-050.N and RMC 4-9-250.B and D. In order to 1872 maintain no-net-loss of wetland acreage, in no case shall the restoration or 1873 creation ratio be less than 1:1. This minimum ratio may not be modified 1874 through the modification or variance process. 1875 12. Wetland Enhancement: 1876 a. Enhancement Proposals -Combined with Restoration and Creation: 1877 Any applicant proposing to alter wetlands may propose to enhance an existing 1878 degraded wetland, in conjunction with restoration or creation of a wetland in City of Renton Sensitive Mott Ordinance— Public Draft#1 N r October 25, 1999 RMC 4-3-050 RMC Page 68 1879 order to compensate for wetland losses. Wetland enhancement shall not be 1880 allowed as compensation if it is not accomplished in conjunction with a 1881 proposal to restore or create a wetland. 1882 b. Evaluation Criteria: A wetland enhancement compensation project may 1883 be approved by the Reviewing Official provided that enhancement for one 1884 function will not degrade another function. Wetland function assessment shall 1885 be conducted in conformance with accepted Federal or State methodologies. 1886 c. Wetlands Chosen for Enhancement: An applicant proposing to alter 1887 wetlands may propose to enhance an existing Category 2 or 3 wetland. 1888 Existing Category 1 wetlands shall not be enhanced to compensate for 1889 wetland alteration unless the wetland selected for enhancement is a Category 1890 1 wetland only by virtue of its acreage and three vegetation classes, where the 1891 existing vegetation is characterized partly or wholly by invasive wetland 1892 species. 1893 d. Mitigation Ratios: Wetland alterations shall be created, restored and 1894 enhanced using the formulas below. 1895 ESTriRATION REATION, NIAI ANCEMENT RATIOS Wetland Vegetation Restoration or Enhancement Category Type Creation Ratio Ratio Category 1 Forested 3 times the area plus 3.5 times the Very High Quality altered area altered Scrub- 1.5 times the plus 2 times the area shrub area altered altered Emergent 1 times the area plus 1.5 times the altered area altered Category 2 Forested 1.5 times the plus 2 times the area High Quality area altered altered Scrub- 1 times the area plus 1.5 times the shrub altered area altered Emergent 1 times the area plus 1 times the area altered altered Category 3 Forested 1 times the area plus 1 times the area Lower Quality altered altered Scrub- 1 times the area plus 1 times the area shrub altered altered Emergent 1 times the area plus 1 times the area altered altered 1896 1897 e. Ratio Modification and Minimum Restoration/Creation Ratio: An 1898 applicant may propose an increased creation or restoration ratio and a vu. City of Renton Sensitive A" s Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 69 1899 decreased enhancement ratio if the total combined ratio is maintained overall. 1900 Restoration/creation or enhancement ratios shown in subsection 12.d may 1901 only be reduced by modification or variance pursuant to RMC 4-3-050.N.3 and 1902 RMC 4-9-250.6 and D. In order to maintain no-net-loss of wetland acreage, in 1903 no case shall the restoration or creation ratio be less than 1:1. This minimum 1904 ratio may not be modified through the variance process. 1905 13. Out-of-Kind Replacement: Out-of-kind replacement may be used in place of in- 1906 kind compensation only where the applicant can demonstrate to the satisfaction of 1907 the Reviewing Official that: 1908 a. The wetland system is already significantly degraded and out-of-kind 1909 replacement will result in a wetland with greater functional value; or 1910 b. Scientific problems such as exotic vegetation and changes in watershed 1911 hydrology make implementation of in-kind compensation impossible or 1912 unacceptable; or 1913 c. Out-of-kind replacement will best meet identified regional goals (e.g., 1914 replacement of historically diminished wetland types). 1915 14. Off-Site Compensation: 1916 a. When Permitted: Off-site compensation may be provided in lieu of on-site 1917 compensation only where the applicant can demonstrate that: 1918 i_ The hydrology and ecosystem of the original wetland and those 1919 adjacent land and/or wetlands which benefit from the hydrology and 1920 ecosystem will not be substantially damaged by the on-site loss;and 1921 ii. On-site compensation is not feasible due to problems with 1922 hydrology, soils, or other factors;or 1923 iii. Compensation is not practical due to potentially adverse impact 1924 from surrounding land uses; or 1925 iv. Existing functional values at the site of the proposed restoration are 1926 significantly greater than lost wetland functional values; or 1927 v. Established regional goals for flood storage, flood conveyance, 1928 habitat or other wetland functions have been addressed and strongly 1929 justify location of compensatory measures at another site. 1930 b. Locations: Any off-site compensation approved by the City shall occur 1931 within the same drainage basin as the wetland loss occurred. In the City, the 1932 drainage basins are the Black River(includes the Green River Valley), Lower 1933 Cedar River, East Lake Washington, West Lake Washington, Duwamish, and 1934 May Creek. Proposals for off-site compensation projects shall only be granted 1935 through a modification if in compliance with RMC 4-3-050.N and RMC 4-9- 1936 250.D. 1937 c. Siting Recommendations: In selecting compensation sites, the City 1938 encourages applicants to pursue siting compensation projects in disturbed 1939 sites which were formerly wetlands, and especially those areas which would 1940 result in a series of interconnected wetlands. 1941 d. Timing: Compensatory projects shall be substantially completed and 1942 approved by the City prior to the issuance of an occupancy permit. 1943 Construction of compensation projects shall be timed to reduce impacts to City of Renton Sensitive AreOrdinance— Public Draft#1 NIIse October 25, 1999 RMC 4-3-050 RMC Page 70 1944 existing wildlife and flora. The Reviewing Official may elect to require a surety 1945 device for completion of construction. 1946 15. Cooperative Wetland Compensation:Mitigation Banks or Special Area 1947 Management Programs(SAMP): 1948 a. Applicability: The City encourages, and will facilitate and approve 1949 cooperative projects wherein a single applicant or other organization with 1950 demonstrated capability may undertake a compensation project under the 1951 following circumstances: 1952 i_ Restoration or creation on-site may not be feasible due to problems 1953 with hydrology, soils, or other factors; or 1954 ii. Where the cooperative plan is shown to better meet established 1955 regional goals for flood storage, flood conveyance, habitat or other 1956 wetland functions. 1957 b. Process: Applicants proposing a cooperative compensation project shall: 1958 i_ Submit a permit application; 1959 ii. Demonstrate compliance with all standards; 1960 iii. Demonstrate that long-term management will be provided; and 1961 iv. Demonstrate agreement for the project from all affected property 1962 owners of record. 1963 c. Mitigation Banks: Mitigation banks are defined as sites which may be 1964 used for restoration, creation and/or mitigation of wetland alternatives from 1965 a different piece of property than the property to be altered within the 1966 same drainage basin. The City of Renton maintains a mitigation bank. A 1967 list of City mitigation bank sites is maintained by the Planning/Building/ 1968 Public Works Department. With the approval of the Planning/Building/ 1969 Public Works Department, non-city controlled mitigation banks may be 1970 established and utilized. 1971 d. Special Area Management Programs: Special area management 1972 programs are those wetland programs agreed upon through an 1973 interjurisdictional planning process involving the U.S. Army Corps of 1974 Engineers, the Washington State Department of Ecology, any affected 1975 counties and/or cities, private property owners and other parties of interest. 1976 The outcome of the process is a regional wetlands permit representing a plan 1977 of action for all wetlands within the special area. 1978 e. Compensation Payments to Mitigation Bank: Compensation payments, 1979 amount to be determined by the Reviewing Official, received as part of a 1980 mitigation or creation bank must be received prior to the issuance of an 1981 occupancy permit. 1982 16. Mitigation Plans: 1983 a. Required for Restoration, Creation and Enhancement Projects: All 1984 wetland restoration, creation, and enhancement in coniunction with restoration 1985 and creation projects required pursuant to this section either as a permit 1986 condition or as the result of an enforcement action shall follow a mitigation 1987 plan prepared by qualified wetland specialists approved by the City. 'w City of Renton Sensitive Aree S Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 71 1988 b. Timing for Mitigation Plan Submittal and Commencement of any 1989 Work: The proponent shall submit a Final Wetland Mitigation Plan for the 1990 approval of the Development Services Division prior to the issuance of 1991 building or construction permits for development. The proponent shall receive 1992 written approval of the mitigation plan prior to commencement of any wetland 1993 restoration or creation activity. 1994 c. Content of Mitigation Plan: Unless the City, in consultation with qualified 1995 wetland specialists, determines, based on the size and scope of the 1996 development proposal, the nature of the impacted wetland and the degree of 1997 cumulative impacts on the wetland from other development proposals, that the 1998 scope and specific requirements of the mitigation plan may be reduced, the 1999 mitigation plan shall address all requirements in RMC 4-8-120.0.23, Wetland 2000 Mitigation Plan. 2001 17. Surety Devices: 2002 a. Performance Surety Device Required: The City shall require the 2003 applicant of a wetlands permit proposal to post a performance surety device 2004 acceptable to the City such as a letter of credit, irrevocable set-aside letter or 2005 cash. 2006 i_ Amount of Performance Surety Device: The device shall be in an 2007 amount equivalent to one and one-half(1 1/2) times the estimated cost 2008 of the performance and with surety and conditions sufficient to fulfill the 2009 requirements of RMC 4-3-050.M.9 and, in addition, to secure 2010 compliance with other conditions and limitations set forth in the permit. 2011 The amount and the conditions of the surety device shall be consistent 2012 with the purposes of this section. The amount of the security can be 2013 modified to reflect more current data, particularly a signed contract. 2014 ii. Breach of Conditions: In the event of a breach of any condition of 2015 any permit protected by a surety device, the City may institute an 2016 action in a court of competent jurisdiction upon such surety device and 2017 prosecute the same to judgment and execution. 2018 iii. Release of Performance Security Device: Until such written 2019 release of the surety device, the principal or surety cannot be released. 2020 The City shall release the surety device upon determining that: 2021 • All activities, including any required compensatory mitigation, 2022 have been completed in compliance with the terms and 2023 conditions of the permit and the requirements of this section; 2024 and 2025 • Upon the posting by the applicant of a maintenance surety 2026 device. 2027 b. Maintenance Surety Device Required: The City shall require the holder 2028 of a development permit issued pursuant to this section to post cash or other 2029 security acceptable to the City such as letter of credit or irrevocable set-aside 2030 letter in an amount and with surety and conditions sufficient to guarantee that 2031 structures, improvements, and mitigation required by the permit or by this 2032 section perform satisfactorily for a minimum of five (5) years after they have 2033 been completed. The City shall release the maintenance surety device upon 2034 determining that performance standards established for evaluating the City of Renton Sensitive Areas POrdinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 72 2035 effectiveness and success of the structures, improvements, and/or 2036 compensatory mitigation have been satisfactorily met for the required period. 2037 For mitigation projects, the performance standards shall be those contained in 2038 the mitigation plan developed pursuant to RMC 4-3-050.M.16. and approved 2039 during the permit review process. The maintenance surety device applicable 2040 to a compensation project shall not be released until the Department 2041 Administrator determines that performance standards established for 2042 evaluating the effect and success of the project have been met. 2043 N. ALTERNATES, MODIFICATIONS AND VARIANCES: 2044 1. Alternates: 2045 a. Applicability: See RMC 4-9-250.E 2046 2. Modifications: 2047 a. Applicability: The Department Administrator may grant modifications, per 2048 RMC 4-9-250.D.1., in the following circumstances: 2049 i. Aquifer Protection [Reserved' 2050 ii. Geologic Hazards - Modifications: An applicant may request that 2051 the Department Administrator grant a modification to allow regrading of 2052 any slope which was created through previous legal grading or mining 2053 activities. The following procedures shall apply: 2054 - The applicant shall submit a geotechnical report describing 2055 any potential impacts of the proposed regrading and any 2056 necessary mitigation measures. 2057 - All submitted reports shall be independently reviewed by 2058 qualified specialists selected by the City at the applicant's 2059 expense. 2060 - The Department Administrator may grant, condition, or 2061 deny the request based upon the proposal's compliance 2062 with the applicable modification criteria of RMC 4-9-250.D. 2063 - Any slope which remains 40% or steeper following site 2064 development shall be subject to all applicable geologic 2065 hazard regulations for steep slopes and landslide hazards, 2066 in this section. 2067 iii. Wetlands—Modifications: An applicant may request that the 2068 Department Administrator grant a modification as follows: 2069 - Modifications may be requested for a reduction in 2070 creation/restoration or enhancement ratios for a Category 3 2071 wetland; however, the creation/restoration ratio shall not be 2072 reduced below 1:1. 2073 - Modifications may be requested for an off-site, out-of-basin 2074 mitigation project. 2075 - In addition to the criteria of RMC 4-9-250.D, the following 2076 criteria shall apply: The proposal will result in no-net loss of 2077 wetland or buffer area and functions. 2078 2. Variances: City of Renton Sensitive At' S Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 73 2079 a. Aquifer Protection: (Reserved' 2080 b. Flood Hazards -Variances: 2081 i. Applicability: Refer to RMC 4-9-250.B. 2082 c. Geologic Hazards, Habitat Conservation, and Wetlands—Variance: 2083 i_ Applicability: If an applicant feels that the strict application of this 2084 section would deny all reasonable use of the property containing a 2085 sensitive area or associated buffer, or would deny installation of public 2086 transportation or utility facilities determined by the agency proposing 2087 • these facilities to be in the best interest of the public health, safety and 2088 welfare, the public agency, the applicant of a development proposal 2089 may apply for a sensitive area variance. 2090 iL Application Submittal: An application for a sensitive areas 2091 variance shall be filed with the Development Services Division. 2092 iii. Review Authority. Variances shall be determined administratively 2093 by the Department Administrator, or by the Hearing Examiner, as 2094 indicated in RMC 4-9-250.B. 2095 O. APPEALS: 2096 1. General: See RMC 4.1.050 (Review Authority) and RMC 4.8.110 (Process). 2097 2. Record Required - Flood Hazards: The Department Administrator or his/her 2098 designee, the Building Official, shall maintain the records of all appeal actions and 2099 report any variances to the Federal Insurance Administration upon request. 2100 P. ASSESSMENT RELIEF-WETLANDS: 2101 1. City Assessments: Such landowner should also be exempted from all special 2102 City assessments on the controlled wetland to defray the cost of Municipal 2103 improvements such as sanitary sewers, storm sewers, water mains and streets. 2104 Q. VIOLATION AND PENALTIES: 2105 1. Enforcement Officer: The Department Administrator or his or her designated 2106 representative shall be responsible for investigation of violations and citation of the 2107 violating parties. 2108 2. Penalties for Violations: Unless otherwise specified, penalties for any violations 2109 of any of the provisions of this section shall be in accord with Chapter 1-3 RMC. 2110 R. MAPS: 2111 1. Aquifer Protection: (Reserved] 2112 2. Flood Hazards: Figure RMC 4-3-050.R.2. 2113 3. Geologic Hazards: 2114 a. Coal Mine Hazards: 2115 i. Map: See Figure RMC 4-3-050.R.3.a.i. 2116 ii. Mapping Criteria: 2117 • Low Coal Mine Hazards (CL): areas not identified as 2118 high or medium hazards. While no mines are known in City of Renton Sensitive ArtOf Ordinance— Public Draft#1 '4.110 October 25, 1999 RMC 4-3-050 RMC Page 74 2119 these areas, undocumented mining is known to have 2120 occurred. 2121 • Medium Coal Mine Hazards (CM): 2122 (1) Lands overlying coal mines, but not included in 2123 the high hazard category; and 2124 (2) Surrounding lands overlying a wedge between a 2125 plane rising vertically from the mine and a plane 2126 rising from the mine at a break angle of between 2127 twenty-five (25) and forty (40) degrees. The 2128 break angle is measured from the vertical. The 2129 break angle appropriate for the given seam is 2130 determined by the slope of the seam and the 2131 workings. Approximate mine depths and seam 2132 dip and break angles are provided in 2133 Appendices C and D of the Summary Report, 2134 Critical and Resource Areas Evaluation, 2135 GeoEngineers, 1991. 2136 • High Coal Mine Hazard (CH): all lands where 2137 underlying coal mines are within two hundred feet(200') 2138 below the ground surface, or fifteen (15)times the 2139 height of the mine workings below the surface, 2140 whichever is less. 2141 b. Erosion Hazards: 2142 i. Map: See Figure RMC 4-3-050.R.3.b.i. 2143 ii. Mapping Criteria: 2144 • Low Erosion Hazard (EL): all surface soils on slopes less 2145 than fifteen percent (15%). Mapped areas include all 2146 Natural Resource Conservation Service (formerly U.S. Soil 2147 Conservation Service) soils designated A, B, or C. 2148 • High Erosion Hazard (EH): all surface soils on slopes 2149 steeper than fifteen percent (15%). Mapped areas include 2150 all Natural Resource Conservation Service (formerly U.S. 2151 Soil Conservation Service) soils designated as D, E, or F. 2152 c. Landslide Hazards: 2153 i. Map: See Figure RMC 4-3-050.R.3.c.i. 2154 ii. Mapping Criteria: 2155 • Low Landslide Hazard (LL): areas with slopes less than 2156 fifteen percent (15%). 2157 • Medium Landslide Hazard (LM): areas with slopes 2158 between fifteen and forty percent (15-40%)where the 2159 surface soils are underlain by permeable geologic units. 2160 The permeable units include: 2161 11) fill: af, afm, and m; City of Renton Sensitive Areas Ordinance—Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 75 2162 (2) alluvium: Qac, Qaw, Qas, and Qa; 2163 (3) Vashon recessional and advance glacial 2164 deposits: Qik, Qit, Qiv, Qpa, Qis, Qys, QM 2165 Qvr, Qsr, and Qos; 2166 (4) Vashon glacial deposits: Qg, Qgt, Qt, and Qvt. 2167 • High Landslide Hazards (LH): areas with slopes greater 2168 than forty percent (40%) and areas with slopes between 15 2169 and 40% where the surface soils are underlain by low 2170 permeability geologic units. The low permeability units 2171 include: 2172 (1) Post-glacial lake and peat silts: Qlp, Qp, Qlm, 2173 and Qvl; 2174 (2) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, 2175 Qcq, and Qog; 2176 (3) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu, 2177 Tta, Teta, and Ttl. 2178 • Very High Landslide Hazards (LV): all mapped 2179 landslide deposits: Qmc, Qm, QI, and landslides known 2180 from public records. 2181 d. Seismic: 2182 i. Map: See Figure RMC 4-3-050.R.3.d.i. 2183 ii. Mapping Criteria: 2184 • Low Seismic Hazard (SL): all Vashon age glacial and 2185 older sediments. The mapped areas include: 2186 (1) All deposits of recessional and advance glacial 2187 deposits: Qik, Qit, Qiv, Qpa, Qis, Qvs, Qvg, 2188 Qur, Qsr, Qos, Qog. 2189 (2) Vashon glacial deposits: Qq, Qgt, Qt, and Qvt; 2190 (3) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, 2191 and Qcq: 2192 (4) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu, 2193 Tta, Teta, and Ttl. 2194 (5) Areas of roadway fill, af and afm, which overly 2195 the above units. 2196 • High Seismic Hazard (SH): postglacial deposits which 2197 are likely to be saturated as they occupy low areas and 2198 frequently overlay low permeability deposits. They 2199 include: 2200 (1) Deposits of fill: af, afm, and m; 2201 f2) Alluvium: Qaw, Qac, Qas, and Qa; 2202 (3) Mass wasting deposits: Qmc, Qm, and Ql; vie City of Renton Sensitive Arele Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-050 RMC Page 76 2203 (4) Post-glacial lake silts and peats: Qlp, Qp, Qlm, 2204 and Qvl. 2205 e. Steep Slopes: (Reserved' 2206 4. 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I/ 11 4 g iiii s ' Pi I V ,. fR . 1) : 1 i i , r.% ; 1 !, h, ; A i4mattz- .. . , _ 2,(1 .114.„ ,-.,„ I :., 41111ela ' flit t i vt.„..,,,A_ do Of s r 0 -, ,jt iiiiiiiimnia I vpia' A ,ito.d i -vim _ �I,� Nils ffpr z,u,.. ..t...t..;t a` {dew, II��P�: ---It � �' ,a r� a 3 i r• o `� . �' a.m.,ten IPT.Itt,„ —Re'':.e4C,f, VP,Vil 4 il ___ . . , 6 -,0.'''''''' ,.1 ' ' 4' 1.10 if I'!kw . uoluay M AO all ,to pme:NO doa pue pauN°e1 leltaleut SOU 'ue.o's step alp to se alpelleee taleutwlle tsaQ Ota uo pate, pue 14W selod0'd RI Jol papuatul Vuetnaoe wane of peatueten6 tot togeluasatdal gtde 6 a It luautmop sell `or City of Renton Sensitive Ar'be's Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 77 2206 RMC 4-3-060 - Flood Hazard Regulations: 2207 2208 A. FINDINGS: 2209 2210 2211 2212 ' 2213 ' 2214 welfare. • 2215 • • • 2216 ' • • 2217 ' 2218 2219 8. PURPOSE: • 2220 • • • 2221 2222 designed: • 2223 • • 2224 • 2225 2226 ' • 2227 • • 2228 • • • • 2229 ' 2230 hazard; 2231 • 2232 • • ' 2233 2234 hazard;-and 2235 • 2236 • 2237 C. METHODS OF REDUCING FLOOD LOSSES: City of Renton Sensitive Ar Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 78 2238 , 2239 > 2240 , 2241 heights or velocities; 2242 2243 2244 > 2245 , 2246 , 2247 damage ad 2248 2249 2250 D. APPLICABILITY LANDS TO WHICH THIS SECTION APPLIES: 2251 • • • • > 2252 2253 • 2254 • • 2255 2256 i 2257 2258 2259 E. DEVELOPMENT PERMIT REQUIRED: • • • 2260 • • 2261 2262 2263 • • , „ 2264 2265 2266 2267 , 2268 , 2269 required: 2270 2271 2272 2273 fleedpreefed; — City of Renton Sensitive Ati.as Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 79 2274 2275 2276 sulasestion-dgb-of-this-sestion:r and 2277 2278 • 2279 F. ADMINISTERING AUTHORITY AND RESPONSIBILITIES: 2280 • • 2281 2282 2283 Previsions 2284 2285 , 2286 . 2287 2288 . 2289 2290 is-re ;and 2291 2292 2293 2294 • 2295 • • ' • 2296 , 2297 • • , 2298 . 2299 . • 2300 • • 2301 ' 2302 2303 2304 2305 structures 2306 ' 2307 • 2308 • • 2309 this-section-. 2310 H. ALTERATION OF WATERCOURSES: City of Renton Sensitive Ar !`Ordinance — Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 80 2311 2312 , 2313 2314 2315 2316 I. INTERPRETATION OF FIRM BOUNDARIES: 2317 2318 2319 2320 2321 2322 J. PROVISIONS FOR FLOOD HAZARD REDUCTION: 2323 2324 required: 2325 2326 > 2327 stfustufe:. 2328 • 2329 , • 2330 2331 , 2332 2333 2334 2335 2336 • 2337 - 2338 , 2339 2340 2341 3. Utilities: 2342 2343 2344 2345 2346fleed-wateFsand ; 2347 2348 veer, City of Renton Sensitive Ai'tgs Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 81 2349 • 2350 2351 damage; 2352 • 2353 • • , 2354 2355 • • • • 2356 2357 • 2358 2359 toss). 2360 2361 2362 • • • • 2363 ' 2364 , • 2365 ' • • 2366 2367 2368 2369 2370 • • 2371 • • 2372 , • • 2373 • • • 2374 2375 • 2376 • 2377 • • 2378 • • 2379 • ' 2380 • • • • 2381 • 2382 ' 2383 • ' 2384 • • • • 2385 2386 • 2387 2388 • • • • • • 2389 • • 2390 City of Renton Sensitive Are Ordinance— Public Draft#1 `wo October 25, 1999 RMC 4-3-060 RMC Page 82 2391 2392 , 2393 Building-Ofcial. 2394 > 2395 2396 ccction. 2397 2398 2399 . ., • • , 2400 level). 2401 2402 , , 2403 2404 2405 2406 2407 2408 2409 2410 , ° 2411 • , • • . 2412 /1236, 8 28 1989) 2413 K. FLOODWAY RESTRICTIONS: 2414 2415 2416 s, and erosion potential, the 2417 2418 1. Increase in Flood Levels Prohibited: Pr i 2419 , 2420 2421 2422 , 2423 2424 2425 • • 2426 2427 ° • • , • 2428 2429 2430 2431 (50)/0). `— City of Renton Sensitive Areffigt Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 83 2432 2433 2434 , 2435 L. VARIANCES: 2436 , 2437 • 2438 • 2439 2440 • 2441 1987) 2442 2,Apialisability 2443 , 2444 2445 2446 2447 2448 2449 2450 ' 2451 ' 2452 , 2453 2454 ' ' 2455 2456 , 2457 ' 2458 ' 2459 2460 ' • 2461 • • ' 2462 • ' • 2463 • 2464 ' 2465 . 2466 2467 ' 2468 ' 2469 2470 2471 ' 4 1410 City of Renton Sensitive Ares Ordinance — Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 84 2472 2473 ; 2474 2475 vehicles; 2476 , 2477flood-watecs-and-the--effests-ef-wave--aGtion7-4-applisalaleexpectecl-at-the-siteanci 2478 2479 , 2480 2481 2482 2483 2484 b. rianeesshall only be issued unnn: 2485 2486 2487 ; 2488 2489 > • 2490 ; 2491 . 2492 • 2493 2494 2495 , 2496 2497 • • • 2498 2499 2500 • • 2501 .• 2502 2503 1987) 2504 M. VIOLATION AND PENALTIES: 2505 • 2506 2507 2, 5 11 1992) 2508 2509 2510 • ``o. City of Renton Sensitive Ansers Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-060 RMC Page 85 2511 • 2512 • 2513 , 2514 2515 ' • 2517 2518 2519 2520 2521 2522 O. APPEALS: • 2523 • ' 2524 ' 2525 - • 2526 ' 2527 611987) 2528 `err` New City of Renton Sensitive Aref.es Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-070 RMC Page 87 2529 RMC 4-3-070 - Greenbelt Regulations: 2530 2531 A. GREENBELTS DEFINED: • 2532 • 2533 2534 • • • • • • 2535 ' 2536 1994) 2537 B. PURPOSE AND INTENT: 2538 • • 2539 ' • • • • 2540 2541 • • • 2542 2543 ' 2544 • • 2545 • 2546 • • 2547 • • 2548 • 2549 • • 2550 processes. 2551 C. APPLICABILITY: • • 2552 • • • 2553 ' • 2554 2555 fegulatiea • s. • 2556 • 2557 2558 • • 2559 • • • 2560 • • 2561 ' 2562 su` sidence • • 2563 •• 2564 2565 • o CityOctober of Renton25, 1999 Sensitive Ar Ordinance- Public Draft#1 `" RMC 4-3-070 RMC • 25 Page 88 6 25667 2568 a. Definitions: . • . • , • . . : 2569 2570 2571 • 2572 S- 100 I U1� 2573 u " • ;• 11 " 2574 2575 2576 2577 fifteen feet (15') in width. 2578 — ( Q' 25' —_.. ". 1 s � c '�`� . rr0PEa rr a•rr 7.', k ' 1�Y i' `." } tip» O. .awr awrr iw�irS4 y 1 w a a. IM NCI'( �- v , i , s �+-atarulrcarr CAMS rr•coFE l�R .,, .r ''''t---.~� STEEP SLOE AREA y p A \ -. ,..'Y":+.,,xt' A `t ^ fi#pl i ." '; xw #,Wit' a r L, . tr.: .71: y �. ' }3,4 "a" 0.40"4"1 j 6( {• • 2"" COM rOaM L��• 2� ' t • E(lMPF(GAMF GMANOE(Ir�t6AE 1 1 SIOP. /A P•IGlAt lc aPpti i 1 , aEM- crsar rrAr1 r wcrr(w rrn+ 1 � 13"- t naaw(e�rr c«w.wt'aee•I � i 1 '. i ' T. STEEP SLOAE ARE/1 O s.r ZS" 5P' T5' too' 125' /SCk 2579 • wow(raw rw• ..i rw rGr 2580 2581 2582 • �� i n�n� NCE ono (`ONSTR it ION OF SING FAMI1 v RESI[1��1r�• `'' City of Renton Sensitive AreerS Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-070 RMC Page 89 2583 2584 , 2585 • 2586 , 2587 2588 E. GENERAL STANDARDS APPLICABLE TO ALL GREENBELT PROPERTIES: • 2589 • • • 2590 • 2591 2592 2593 • 2594 2595 2596 2597 , 2598 • 2599 , 2600 section. 2601 E. ADDITIONAL STANDARDS FOR STEEP SLOPES: • • 2602 • 2603than-fecty-pereent-(404/047 • 2604 • • 2605 0 0 • • • 2606 2607 ° , 2608 be required. • 2609 2610 ' • 2611 ° o 2612 • 2613 2614 • 2615 ° 0 2616 0 • 0 • 2617 • 2618 ° • ' 2619 • • • • 2620 • • • • • 2621 • • • 2622 • City of Renton Sensitive Arles Ordinance— Public Draft#1 *0 October 25, 1999 RMC 4-3-070 RMC Page 90 2623 G. ADDITIONAL STANDARDS FOR PHYSICAL HAZARD AREAS: 2624 2625 2626 2627 , 2628 2629 2630 • 2631 2632 • , 2633 ° )of the site in open space or 2634 2635 • • •• 2636 2637 2638 2639 2640 2641 2642 2643 2644 2645 H. GREENBELTS SUBJECT TO SHORELINE JURISDICTION: 2646 2647 2648 2649 I. UTILITIES ELIGIBLE FOR CONDITIONAL USE PERMIT: 2650 2651 , • 2652 2653 these regulations 2654 J. USES PERMITTED WITHIN UTILITY EASEMENTS AND RIGHTS OF WAY: 2655 2656 • 2657 2658 2659 2660 2. gricultu,-e, ""' City of Renton Sensitive Arorts Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-070 RMC Page 91 2661 v Residential open spares; 2662 2663 2664 2665 • • • 2666 ° 111 2667 R-8; • 2668 ° ' 11 2669 or P-1 • 2670 ° 2671 CD, CO, IL, IM, IH, COR; 2672 2673 gfeenbelt-defnition; • • 2674 2675 2676 7 1993) 2677 2678 %iv `' r.,, City of Renton Sensitive Aro.rs Ordinance- Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 93 2679 RMC 4-3-110 - Wetland Regulations: 2680 2681 A. FINDINGS OF FACT AND CONCLUSIONS: • • • 2682 • • 2683 2684 , 2685 ' 2686 ' 2687 2688 • 2689 • 2690 ' 2691 2692eeitisatien: 346-r3-9-4492) 2693 • 2694 • 2695 • • ' • • 2696 • • 2697 ' 2698 , • • • • 2699 ' • 2700 . 2701 2702 2703 ' 2704 ' 2705 ' 2706 2707 animals. • • • • 2708 • 2709 ' • • • 2710 • 2711 2712 , ' 2713 • 2714 , • 2715 • ' 2716 , ' • 2717 2718 , 2719 • 2720 • 2721 • City of Renton Sensitive ArS0 Ordinance— Public Draft#1 No October 25, 1999 RMC 4-3-110 RMC Page 94 2722 B. POLICY AND PURPOSE: 2723 2724 2725 2726 ' 2727 2728 , 2729 2730 2731 , 2732 , 2733 , 2734 2735 wetlands. 2736 2737 , 2738 , 2739 2740 2741 , 2742 around them; 2743 2744 2745 ; 2746 2747 2748 2749 2750 , 2751 2752 > 2753 ; 2754 2755 2756 2757 , 2758 , 2759 2760 , 2761 City of Renton Sensitive Areas 2762 C. AUTHORITY: 2763 2764 2765 2766 • 2767 2. Interpretation• The Department Administrator shall have th E 2768 2769 this section as he/she may,deem nenesseni in order to clarify the 2770 2771 • 2772 2773 . 2774 2775 D. GENERAL PROVISIONS: 2776 2777 2778 2779 2780 2781 peFmit, 2782 2783 2784 2785 2786 2787 2788 2789 2790 • , 2791 2792 • 2793 • 2794 2795 , 2796 • 2797 E. LANDS TO WHICH THIS SECTION APPLIES: • • 2798 • 2799 • 2800 City of Renton Sensitive Art* Ordinance— Public Draft#1 ''r✓ October 25, 1999 RMC 4-3-110 RMC Page 96 2801 , 2802 2803 , 2804 2805 2806 2807 ' 2808 2809 2810 2811 2812 , 2813 2814 ' 2815 2816 F. ACTIVITIES TO WHICH THIS CHAPTER APPLIES: 2817 . Applica ity 2818 2819 2820 2821 2822 2823 • • 2824ated _ 2825 2826 , 2827 amenities re not considered a reg,dated wetlands 2828 2829 • 2830 , 2831 2832 2833 2834 > 2835 2836 . 2837 . , 2838 , 2839 2840 • 2841 2842 NoyCity of Renton Sensitive ArtIf§ Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 97 2843 2844 Department 2845 G. EXEMPTIONS: 2846 2847 , 2848 • 2849 2850 , 2851 • 2852 2853 property 2854 ' 2855 2856 2857 ' 2858 ' 2859 , ' ' ' 114 2860 , 2861 , , ' 2862 appfeval-e€-the City. 2863 • 2864 ' 2865 ' ' ' 2866 • • • ' s not apply. 2867 2868 • • ' 2869 2870 2871 , • 0 2872 areas. 2873 2874 2875 2876 • • • ' 2877 2878 2879 • , ' 2880 section. 2881 ' 2882 , 2883 , • 2884 2885 ' 2886 • 2887 %we City of Renton Sensitive Are" Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 98 2888 • . , 2889 , 2890 2891 Certific to of Exemption Required• Except in rho case ref n„hl' 2892 2893 2894 2895 2896 2897 " • " 2898 2899 2900 2901 this section. (Ord. 1316, 3 9 1992) 2902 H. WETLANDS DEFINITION AND DETERMINATION OF REC 2903 2904 2905 , 2906 2907 2908 2909 2910 2911 2912 2913 , 2914 2915 , 2916 • 2917 , 2918 2919 • ' 2920 2921 • • • • 2922 2923 2924 I. WETLANDS CLASSIFICATION SYSTEM: City of Renton Sensitive Arr* s Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 99 2925 2926 2927 2928 2929 , 2930 2931 threatenedr 2932 2933 2934 2935 ; • • 2936 2937lirnite-ef-their-esougenseGF ; 2938 2939 2940 • 2941 , 2942 2943 • 2944 ' 2945 wetlands; 2946 ' 2947 2948 2949 • 2950 2951 2952 • 2953 , • 2954 • 2955 • 2956 2957 , 2958 ' 2959 2960 • • 2961 • 2962 City of Renton Sensitive Areas Ordinanc Public Draft#1 `"W October 25, 1999 RMC 4-3-110 RMC Page 100 e,-All-other-wettailds-44ot-olassified--ae-Gategefy-4-42+-2-suoh-as-smatlerr high-quality wetlands:- J. WETLAND BUFFERS: • • • • Wetland Category: Standard Buffer: Catege (Very High Quality) 100 feet Category-2 (High Quality) 50 feet Category 3 (Lower Quality) --dished newly emerging other 25 feet (Ord. 1178, 10 21 1991) ., , r.. City of Renton Sensitive Ara Ordinance—Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 101 • 3006 3007 • 3008 , 3009 3010 3011 3012 • 3013 3014 percent (15%). 3015 3016 3017 0 3018 3019 ' 3020 • , 3021 • 3022 3023 • • • 3024 • • 3025 0 • 3026 3027 3028 (25')wide. 3029 3030 • • 3031 • • 3032 • 3033 • 3034 3035 3036 3037 i • 3038 3039 ' 3040 • ' 3041 3042 and • 3043 • • 3044 0 • 3045 3046 • 3047 K. ALLOWED AND RED'' �' T-ED CTnn rice• City of Renton Sensitive Arm Ordinance — Public Draft#1 vor+ October 25, 1999 RMC 4-3-110 RMC Page 102 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 • 3063 • 3064 3065 3066 3067 •, 3068 3069 • 3070 3071 • • 3072 • • • 3073 • • • • • 3074 • • • • 3075 3076 3077 3078 • • 3079 3080 3081 3082 3083 3084 • , 3085 ° 3086 ee4ii,,n,.m.zed nd disturbed ro s shI be mmediately restorer . 3087 3088 • , 3089 • • • • , 3090 • • , 3091 • • 3092 • 3093 • City of Renton Sensitive Arty Ordinance—Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 103 3094 3095 take precedence 3096 3097 3098 3099 3100 • 3101 Guidelines, 3102 3103 • , 3104 section. 3105 3106 3107 3108 • 3109 3110 • ' 3111 3112 3113 3114 3115 3116 , 3117 . 3118 L. REVIEW PROCEDURES FOR PROJECTS WITH WETLANDS: 3119 •• ' 3120 pPesedur-es-apt 3121 • 3122 3123 3124 • 3125 3126 3127 • • 3128 ' • 3129 3130 • 3131 • • 3132 • • ' 3133 , 3134 • City of Renton Sensitive ArNib° Ordinance- Public Draft#1 *too October 25, 1999 RMC 4-3-110 RMC Page 104 3135 3136 " 801}-61449wing--the-eRtife-par-sel-ef-lancl-ewRed-by-the-appi leant-and-the - 3137 3138 , 3139 3140 3141 3142 " - ' 3143 , 3144 3145 3146 , 3147 Ele" ties of the ite nd djacent land within the wetland and its h�oaffec-at 3148 3149 • ; • 3150 3151 3152 3153 • 3154 3155 3156 • 3157 • 3158 3159 3160 3161 3162 3163 3164 3165 3166 3167 • . 3168 • 3169 • 3170 5. Fees: See RMC 4 1 170 (Reserved). 3171 3172 • 3173 •3174 • "'oy' City of Renton Sensitive Arty Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 105 • • 3175 • 3176 3177 impacts; and 3178 ' 3179 • • 3180 • 3181 3182 • • 3183 • • • 3184 3185 3186 M. WETLANDS COMPENSATION RESTORATION AND CREATION: • 3187 .• • • 3188 3189 renditions. 3190 • 3191 • 3192 • • • 3193 • • 3194 • • • 3195 • 3196 • ' 3197 •• 3198 • 3199 • • • 3200 • • • 3201 • • 3202 • • • • • 3203 • 3204 • 3205 • • 3206 • 3207 • • • 3208 • • 3209 • ' 3210 ' 3211 • • 3212 • • 3213 • City of Renton Sensitive Ar 'Ordinance— Public Draft#1 vier' October 25, 1999 RMC 4-3-110 RMC Page 106 3214 3215 3216 3217 , 3218altecationi-and--Ila&-a-hig4-pcobability-of--sussess,-The-required-ratie-must--be-based-en-the 3219 3220 3221 • 3222 RATIOS FOR WETLANDS CREATION AND 3223 3224 3225 Ciiiategory 1 Forested 6 times the area altered 3226 3227 Emergent 2 times the area altered 3228 Category 2 Forested 3 times the area altered 3229 3230 Emergent 1.5 times the area altered 3231 Category 3 Forested 1.5 times the area altered 3232 (Lower Quality) Scrub shrub 1.5 times the area altered 3233 Emergent 1.5 times the area altered 3234 3235 3236 • 3237Gr-eatieni-signitsaat-peciad-ef-time--betweeil--Elestaistien--an€1--FeplisatieR-ef-wetland-fuRsti ORS; 3238 ; 3239 3240 3241 SEPA review. 3242 o Decreased Ratios: 3243 3244 3245 3246 3247 3248 , 3249 3250 3251 3252 3253 , 3254 "'r City of Renton Sensitive Armes Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 107 3255 i , within 3256 the-same 3257 3258 3259fOstefFe4xisting--elistur-bed--wetiands7-with-pfiGrity-fOr--GR-site-resteratioR-and4henr within-the 3260 3261 3262 3263 3264 • 3265 3266 3267 , 3268 3269 , 3270 • 3271 • • 3272 3273 3274 3275 3276 ' 3277 3278 3279 • 3280 3281 3282 3283 3284 ' 3285 faders;er 3286 3287 land-eisesbr 3288 3289 greater-than-lost-wetiancl--funetional-valuesi-of 3290 ' 3291 3292 measures4 nother site. 3293 3294 ' City of Renton Sensitive Are Ordinance— Public Draft#1 Nome October 25, 1999 RMC 4-3-110 RMC Page 108 3295 , 3296 and-May-Greek, 3297 , 3298 3299 , 3300 wetlands 3301 3302 3303 3304 3305 > 3306 3307 3308 , 3309 3310 3311 3312 3313 , 3314 3315 • 3316 3317 3318 3319 3320 ; Of 3321 3322 , 3323 3324 3325 3326 3327 3328 record. 3329 3330 3331 permit 3332 124Mitigation Plans. 3333 , 3334 , City of Renton Sensitive ArWS Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 109 3335 3336 • 3337 • 3338 • • • 3339 • • 3340 3341 3342 • • 3343 • , • , 3344 3345 , 3346 3347 3348 • 3349 3350 ' 3351 • 3352 3353 • • 3354 • • ' 3355 • • • 3356 3357 3358 dear:ANng: 3359 3360 ' 3361 ' '• 3362 3363 • 3364 3365 and • • • • 3366 • 3367 • 3368 3369 ' 3370 ' • 3371 3372 ' • • 3373 ' 3374 , ' 3375 , ' • • • 3376 • • 3377 • • 3378 • • 3379 • 3380 , 3381 ' City of Renton Sensitive Arb !'Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 110 3382 3383 3384 3385 3386 , 3387 , 3388 ; > 3389 ; 3390 ; 3391 3392 ; • 3393 , 3394 , 3395 • • 3396 • 3397 3398 3399 3400 • 3401 • 3402 3403 density over time; 3404 • 3405 • 3406 3407 3408 3409 3410 3411 • • 3412 • • • 3413 • 3414 • • • 3415 3416 3417 3418 th 3419 3420 3421 • 3422 • 3423 3424 approval. 3425 3426 administrativer supepAsoFand-4eohnioal-oempetenoe-and-soieotifio-expeitise-of-suffloient, 3427 `'., City of Renton Sensitive Ares Ordinance- Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 111 3428 3429 3430 3431 3432 3433 3434 3435 • ' 3436 creati 3437 N. MODIFICATIONS: 3438 3439 , 3440 3441 3442 3443 3444 ' ' 3445 ' 3446 ' 3447 • 3448 3449 ' 3450 • , 3451 development and 3452 3453 O. WAIVERS: 3454 3455 3456 , 3457 • • , • 3458 • 3459 P. ALTERNATES: 3460 fee-RMC 1-8-250E.{ rd. 1722 11 19 A 3461 Q. VARIANCE PROCEDURES: 3462 3463 ' 3464 City of Renton Sensitive ArIlige Ordinance — Public Draft#1 +'' October 25, 1999 RMC 4-3-110 RMC Page 112 3465 , , 3466 , 3467 3468 3469 3470 3471 3472 3473 3474 3475 determine: 3476 3477 shape, 3478 , 3479 3480 3481 3482 3483 is situated nd 3484 3485 3486 • 3487 > 3488 , • 3489 3490 3491 3492 3493 3494 , 3495 State; and 3496 3497 Of-suffase-water--quatity:r and 3498 3499 3500 3501 3502 iii,-Using--appcepciate-and-best-available-teshnelegy-•r and 3503 3504 3505 City of Renton Sensitive Ar's Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 113 3506 3507 and 3508 3509 • , 3510 ; 3511 and 3512 3513 3514 3515 • 3516 • • 3517 3518 • 3519 3520 , • 3521 • 3522 ' 3523 3524 ; • 3525 3526 • 3527 3528 . 3529 grant a variancc, the 3530 3531 Matian:- • 3532 3533 i ; 3534 3535 ' 3536 3537 proposal; 3538 ' 3539 • 3540 , 3541 • • , 3542 3543 property 3544 • 3545 City of Renton Sensitive ArOrdinance - Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 114 • • • 3546 • • , 3547 • • 3548 • 3549 • 3550 • 3551 , 3552 3553 year-in-any-event, 3554 R. SURETY DEVICES: • • • 3555 • • 3556 3557 a-letter of credit, irrevocable eta irle letter or cash • 3558 • • • 3559 • • • 3560 • • • 3561 , • • 3562 3563 3564 • 3565 3566 , 3567 3568 • • 3569 , 3570 3571 • • 3572 3573 this- ction; and • • • • 3574 • • • • • ' 3575 • 3576 • • • 3577 • 3578 • • • 3579 • • • 3580 • • • 3581 • 3582 • • 3583 3584 • • • 3585 • • 3586 • 3587 3588 have been met. 3589 S. DENSITIES: City of Renton Sensitive Areet Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 115 3590 • 3591 • , • 3592 3593 • 0 3594 3595 3596 3597 c. The project meets all requirements of-WMC 1 9 200, Site Plan Review. • • • 3598 3599 3600 • 3601 3602 erosion, ne I mine re er their b„ff • 3603 • • • • 3604 , 3605 T. WETLANDS MANAGEMENT TRACTS: • 3606 • 3607 • 3608 • • • 3609 • • 3610 • 3611 . • 3612 • • ' 3613 • , 3614 • 3615 • ' 3616 ' 3617 • 3618 • 3619 3620 • 3621 • 3622 • 3623 • • 3624 , • • 3625 • • 3626 3627 • • • 3628 • 3629 City of Renton Sensitive Arm Ordinance — Public Draft#1 , October 25, 1999 RMC 4-3-110 RMC Page 116 3630 3631 3632 3633 > the 3634pecmit-applicant-er-eiesignee7-er--ether--appr-epriate-entityr as-approved-by-the-City, 3635 3636 , 3637 tractsr 3638 3639 3640 3641 " 3642 3643 3644 3645 : 3646 3647 " • • • 3648 . • • 3649 • • 3650 3651 3652 prepGsair 3653 U. NONCONFORMING ACTIVITIES: 3654 3655 , 3656 3657 3658 3659 3660 3661 3662 3663 section; 3664 3665 3666 section; 3667 3668 3669 3670 3671 y"' City of Renton Sensitive Are"t Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 117 3672 V. TEMPORARY EMERGENCY PERMIT PROCEDURE: 3673 3674 • • • • 3675 • • • , 3676 3677 3678 3679 3680 3681 3682 • 3683 • , 3684 • , 3685 3686 3687 , 3688 • 3689 • • 3690 • 3691 ' • 3692 3693 . 3694 • 3695 3696 • 3697 3698 • ' 3699 3700 3701 3702 3703 W. ASSESSMENT RELIEF: 3704 • 3705 3706 3707 3708 3709 restriction 3710 • • 3711 • 3712 , ' City of Renton Sensitive Art* Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 118 3713 X. APPEALS RELATING TO THE INTERIM ORDINANCE: 3714 , 3715 3716 , 3717 3718 3719 , 3720 Y. VIOLATIONS AND PENALTIES: 3721 , 3722 , 3723 2. It shall be , 3724 , 3725 , 3726 3727 , 3728 3729 , 3730 and-impFisonment, 3731 3732 3733 3734 , 3735 3736 ; 3737 3738 3739 , 3740 3741 3742 , 3743 has-Rat-GampIiecl-with-any-Gr-all-ef--the-senditioRs-Gr-4imitatiehs-set-feFth-in4he-per-Faitr has 3744 3745 3746 3747 3748 3749 3750 a To t method shall be as specified by this Code or by other recognized and 3751 3752 . law City of Renton Sensitive ArMS Ordinance— Public Draft#1 October 25, 1999 RMC 4-3-110 RMC Page 119 3753 Z. AMENDMENTS: 3754 3755 3756 > 3757 3758 City of Renton Sensitive Art"d's Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-030 RMC Page 121 3759 SECTION 4-4-030: DEVELOPMENT GUIDELINES AND 3760 REGULATIONS - GENERAL: 3761 3762 3763 A. INTENT: 3764 It is the intent of this section to provide the City, especially the Development Services 3765 Division and the Hearing Examiner, with criteria to make consistent and rational land use 3766 recommendations and decisions that (1) place the public health, safety and welfare 3767 paramount; (2) recognize property rights; (3) promote aesthetics, amenities and good design; 3768 (4) minimize incompatibility or adjacent uses; (5) minimize pollution; (6) contain adverse 3769 impacts on-site; (7) make consistent and rational decisions and recommendations. 3770 Furthermore it is the intent of this section to comply with the various resolutions, codes and 3771 ordinances of the City and the State Environmental Policy Act, as amended. (Ord. 3106, 1- 3772 24-1977, Amd. Ord. 3592, 12-14-1981) 3773 B. ADOPTION BY REFERENCE: 3774 The goals, objectives and policies as set forth in the following are presently in force or as 3775 modified from time to time are hereby incorporated by reference and shall be considered as if 3776 fully set forth herein: 3777 1976 —Planning Commission 3778 1976—Cedar River Master Plan 3779 1983—Comprehensive Solid Waste Management Plan 3780 1984—Green River Valley Plan 3781 1981 Greenbelt Regulations 3782 1987—Subdivision Regulations 3783 1987—Fire Department Master Plan 3784 1988—Airport Master Plan 3785 1990—Parking Regulations 3786 1990—King County Stormwater Management Manual 3787 1991 —Uniform Fire Code 3788 1991 —Uniform Mechanical Code 3789 1991 —Uniform Building Code 3790 1991 —Uniform Housing Code 3791 1992—Uniform Electrical Code 3792 1992—Comprehensive Park, Recreation and Open Space Plan 3793 1992—Comprehensive Water System Plan 3794 1992—Long Range Wastewater Management Plan 3795 1992—King County Comprehensive Housing Affordability Strategy (CHAS) 3796 3797 1992—Aquifer Protection Regulations City of Renton Sensitive AreOrdinance— Public Draft#1 ` ' October 25, 1999 RMC 4-4-030 RMC Page 122 3798 1992—Mining, Excavation and Grading Ordinance 3799 1992—Tree Cutting and Land Clearing Regulations 3800 1993—Shoreline Master Program 3801 1993—King County Solid Waste Management Plan 3802 1993—Barrier-Free Regulations 3803 1994—Countywide Planning Policies 3804 1994—Six-Year Transportation Improvement Plan 3805 1994—Zoning Code and Areawide Zoning 3806 1994—Street Arterial Plan 3807 1994—State Energy Code 3808 1994—Traffic Mitigation Resolution and Fee 3809 1994—Parks Mitigation Resolution and Fee 3810 1994—Fire Mitigation Resolution and Fee 3811 1995—Comprehensive Plan 3812 1999— Sensitive Areas Regulation 3813 (Ord. 4527, 6-12-1995) r.. City of Renton Sensitive Are Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-060 RMC Page 123 3814 SECTION 4-4-060: GRADING, EXCAVATION AND MINING 3815 REGULATIONS: 3816 3817 3818 H. WORK IN PROGRESS: 3819 1. Maximum Slopes—Work in Progress: No slopes greater than one horizontal to one 3820 vertical will be permitted for cuts, fills, or during excavations that exceed ten feet (10') in 3821 height without physical restraint by timbering or approval by the Building Department of an 3822 engineering or geologist report assuring slope will maintain its shape without undue risk of 3823 failing. (Ord. 2820, 1-14-1974, eff. 1-19-1974; Amd. Ord. 3592, 12-14-1981) 3824 2. Safety: Workmen shall be allowed in the vicinity of the toe or top of slope only after close 3825 visual inspection of slope to assure safety against breakage or sliding. 3826 3. Clearing and Rounding Tops of Slopes: All trees, timber, stumps, brush or debris shall be 3827 cleared to a point at least ten feet (10') back from the top of any slope involving cuts greater 3828 than ten feet (10'). After excavation, the top of all slopes shall be rounded to prevent a sheer 3829 breaking point. 3830 4. Property and Setback Location: Property location and approved setbacks must be 3831 established and stakes set under the supervision of a registered land surveyor. These stakes 3832 must be maintained in place until final inspection of work so that the inspector can determine 3833 at any time if the excavation is properly located as related to the property lines. 3834 5. Maximum Noise Levels: Noise levels at all operations shall be controlled to prevent undue 3835 nuisance to the public. Maximum allowable daytime sound pressure as measured in any 3836 residential zone shall not exceed the following at least ninety percent(90%) of the time 3837 between the hours of seven o'clock (7:00)a.m. and eight o'clock (8:00) p.m. 3838 SOUND PRESSURE LEVELS SOUND PRESSURE LEVEL FREQUENCY BAND IN DECIBELS IN CYCLES/SECOND re. 0.0002 MICROBAR 25 —300 80 300—2,400 70 Above 2,400 60 3839 3840 (Ord. 2820, 1-14-1974, eff. 1-19-1974) 3841 6. Permitted Work Hours: All mining, excavation and grading work done in residential areas 3842 or within three hundred feet(300') of residential areas shall be between the hours of seven 3843 o'clock(7:00) a.m. and eight o'clock(8:00) p.m., Monday through Friday, except repairs to 3844 machinery.Work may be permitted on Saturdays and Sundays only if approved in writing in 3845 advance by the Development Services Division Director. The Director is authorized to grant 3846 an extension of working time during an emergency. An emergency shall include but is not 3847 limited to natural and manmade disasters. (Ord. 3592, 12-14-1981, Amd. Ord. 4703, 2-2- 3848 1998) 3849 7. Compliance with Pollution Control Regulations: Discharge of materials into the air or water 3850 shall be subject to the requirements of the appropriate governing agency. (Ord. 2820, 1-14- 3851 1974, eff. 1-19-1974) City of Renton Sensitive Are*Ordinance — Public Draft#1 vie October 25, 1999 RMC 4-4-060 RMC Page 124 3852 8. Control of Dust and Mud: Activities shall be operated so as to reduce dust and mud to a 3853 minimum. Unless otherwise specified by the Public Works and Building Departments, 3854 operations shall be conducted in accordance with the following standards: 3855 a. Access Roads: Access roads shall be maintained in a condition that confines the mud and 3856 dust to the site. Such roads shall be improved to a width sufficient to permit the unhindered 3857 movement of emergency vehicles. One-way roads shall have by-pass routes to permit the 3858 movement of emergency vehicles. 3859 b. Dozing and Digging: Dozing, digging, scraping and loading of excavated materials shall be 3860 done in a manner which reduces to the minimum level possible the producing of dust and 3861 mud. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3592, 12-14-1981) 3862 9. Soil Erosion and Sedimentation: Soil erosion and sedimentation shall be confined to the 3863 site by such means as a temporary cover of vegetation, mulches, diversions, sedimentation 3864 pounds or other acceptable methods. No toxic materials shall be allowed to wash from the 3865 site or be discharged into receiving watercourses. 3866 10. Appearance: All activities under the jurisdiction of this section shall be operated and 3867 maintained in a neat and orderly manner, free from junk, trash, or unnecessary debris. 3868 Buildings shall be maintained in a sound conditions, in good repair and appearance. 3869 Salvageable equipment stored in a nonoperating condition shall be suitably screened or 3870 garaged. Landscaping adjacent to and around the main entrance(s) and office shall be 3871 sufficiently watered and cared for to insure its health and well-being. 3872 K. CUTS: 3873 1. General: Unless otherwise recommended in the approved soil engineering and/or 3874 engineering geology report, cuts shall conform to the provisions of this section. 3875 2. Maximum Slope: The slope of cut surfaces shall be no steeper than is safe for the 3876 intended use. 3877 (2:1). Cut and fill operations associated with a plat, short plat, subdivision or dedication 3878 which would result in the creation of a lot or lots that primarily have slopes forty percent 3879 (40%)or greater as measured per RMC 4-3-050.B.4.b, without adequate area at lesser 3880 slopes upon which development may occur, shall not be approved. 3881 3. Drainage and Terracing: Drainage and terracing shall be provided as required by 3882 subsection N of this section. 3883 L. FILLS: 3884 1. Applicability and Exemptions: Unless otherwise recommended in the approved soil 3885 engineering report, fills shall conform to the provisions of this section. In the absence of an 3886 approved soil engineering report, these provisions may be waived for minor fills not intended 3887 to support structures. For minor fills or waste areas, humps, hollows or water pockets shall 3888 be graded smooth with acceptable slopes. 3889 2. Fill Location: Fill slopes shall not be constructed on natural slopes steeper than two 3890 horizontal to one vertical (2:1)or where the fill slope toes out within twelve feet (12') 3891 horizontally of the top of existing or planned cut slopes. 3892 3. Preparation of Ground: The ground surface shall be prepared to receive fill by removing 3893 vegetation, noncomplying fill, topsoil and other unsuitable materials as determined by the soil 3894 engineer, and where the slopes are five to one (5:1) or steeper, by benching into sound 3895 bedrock or other competent material. 3896 4. Fill Material: Earth materials shall have no more than minor amounts of organic Nave City of Renton Sensitive Arm Ordinance—Public Draft#1 October 25, 1999 RMC 4-4-060 RMC Page 125 3897 substances and shall have no rock or similar irreducible material with a maximum dimension 3898 greater than eight inches (8"). 3899 5. Minimum Compaction: All fills shall be compacted to a minimum of ninety five percent 3900 (95%) of maximum density as determined by American Public Works Association (APWA) 3901 specifications. Field density shall be determined in accordance with APWA standards. 3902 6. Maximum Slope: The slope of fill surfaces shall be no steeper than is safe for the intended 3903 use. Cut and fill operations associated with a plat, short plat, subdivision or dedication which 3904 would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or 3905 greater as measured per RMC 4-3-050.B.4.b, without adequate area at lesser slopes upon 3906 which development may occur, shall not be approved. Fill slopes shall he no steeper than 3907 3908 7. Drainage and Terracing: Drainage and terracing shall be provided and the area above fill 3909 slopes and the surfaces of terraces shall be as required by subsection N of this section. i" City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 127 3910 SECTION 4-4-130 TREE CUTTING AND LAND CLEARING 3911 REGULATIONS: 3912 A. PURPOSE: This RMC provides regulations for the clearing of land and the protection 3913 and preservation of trees and associated significant vegetation for the following purposes: 3914 , 3915 3916 in 1984; 3917 31. To preserve and enhance the City's physical and aesthetic character by 3918 preventing minimizing indiscriminate removal or destruction of trees and ground 3919 cover; 3920 42. To implement and further the goals and policies of the City's Comprehensive 3921 Plan for the environment, open space, wildlife habitat, vegetation, resources, surface 3922 drainage, watersheds, and economics, and promote building and site planning 3923 practices that are consistent with the City's natural topographical and vegetational 3924 features while at the same time recognizing that certain factors such as condition 3925 (e.g. disease, danger of falling, etc.), proximity to existing and proposed structures 3926 and improvements, interference with utility services, protection of scenic views, and 3927 the realization of a reasonable enjoyment of property may require the removal of 3928 certain trees and ground cover; 3929 53. To ensure prompt development, restoration and replanting, and effective erosion 3930 control of property during and after land clearing; 3931 64. To promote land development practices that result in a minimal adverse 3932 disturbance to existing vegetation and soils within the City; 3933 75. To minimize surface water and groundwater runoff and diversion, and aid in the 3934 stabilization of soil, and to minimize erosion and sedimentation, and minimize the 3935 need for additional storm drainage facilities caused by the destabilization of soils; • • • 3936 3937 . 3938 ; 3939 106. To retain clusters of trees for the abatement of noise and wind protection; 3940 447. To recognize that trees and ground cover reduce air pollution by producing pure 3941 oxygen from carbon dioxide; 3942 4-28. To preserve and enhance wildlife and habitat including streams, riparian 3943 corridors, wetlands and groves of trees; • • 3944 . • • 3945 3946 • 3947 City of Renton Sensitive Ars Ordinance — Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 128 3948 , 3949 3950 3951 [Editor's Note: Old Section B moved to new Section E.] 3952 B. APPLICABILITY: The City's De„elopment SepAGes 3953 , 3954 The regulations of this section apply to any 3955 developed, partially developed or undeveloped property where land development or routine 3956 vegetation management acitivities are undertaken. 3957 C._EXEMPTIONS: The following activities are exempt from Routine Vegetation 3958 Management Permit requirements, and may be authorized without an associated land 3959 development permit; however, the activities must be conducted in accordance with stated 3960 requirements: 3961 1. Emergency Situations: Removal of trees and/or ground cover by the City 3962 and/or public or private utility in emergency situations involving immediate 3963 danger to life or property, substantial fire hazards, or interruption of services 3964 provided by a utility. 3965 2_Dead or Diseased Trees: Removal of dead or terminally diseased or 3966 damaged ground cover or trees which have been certified as such by a 3967 forester, landscape architect or the City prior to their removal. 3968 3. Maintenance Activities/Essential Tree Removal-Public or Private 3969 Utilities, Roads and Public Parks: Maintenance activities including routine 3970 vegetation management and essential tree removal for public and private 3971 utilities, road rights of way and easements, and parks. 3972 4. Installation of SEPA Exempt Public or Private Utilities: Installation of 3973 distribution lines by public and private utilities provided that such activities are 3974 categorically exempt from the provisions of the State Environmental Policy Act 3975 and RMC 4-9-070 of this Code. 3976 5. Existing and ongoing agricultural activities: Clearing associated with 3977 existing and ongoing agricultural activities as defined in RMC 4-11, 3978 Definitions. 3979 6. Commercial Nurseries or Tree Farms: Clearing or cutting of only those 3980 trees which are planted and growing on the premises of a licensed retailer or 3981 wholesaler. 3982 7. Public Road Expansion: Expansion of public roads. 3983 8. Site Investigative Work: Site investigative work necessary for land use 3984 application submittals such as surveys, soil logs, percolation tests, and other 3985 related activities including the use of mechanical equipment to perform site 3986 investigative work provided the work is conducted in accordance with the 3987 following requirements. 3988 a. Investigative work should not disturb any more than five percent 3989 (5%) of any protected sensitive area described in RMC 4-4-130.D.2, 3990 Restrictions for Sensitive Areas, on the subject property. In every case '"" City of Renton Sensitive Arm Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 129 3991 impacts shall be minimized and disturbed areas restored. 3992 b. In every location where site investigative work is conducted, 3993 disturbed areas shall be minimized, and immediately restored. 3994 c. A notice shall be posted on the site by the property owner or 3995 owner's agent indicating that site investigative work is being 3996 conducted, and that the work must minimize disturbance to the 3997 sensitive areas identified in RMC 4-4-130.D.2, Restrictions for 3998 Sensitive Areas. 3999 9. Allowable Tree Cutting Activities: Tree cutting and associated use of 4000 mechanical equipment is permitted as follows, except as provided in RMC 4- 4001 4-130.D.2, Restrictions for Sensitive Areas; 4002 a_On a developed lot or on a partially developed lot less than one-half 4003 (1/2) of an acre any number of trees may be removed; 4004 b. On a partially developed lot greater than one-half(1/2) of an acre or 4005 on an undeveloped lot provided that. 4006 i. No more than three (3) trees are removed in any twelve (12) 4007 month period from a property under thirty five thousand 4008 (35,000) square feet in size; and 4009 ii. No more than six(6) trees are removed in any twelve (12) 4010 month period from a property over thirty five thousand(35,000) 4011 square feet in size. LOT TYPES • ••4.1 r • rr TIALLY DEVELOPED UNDEVELOPED 1 • • DEVELOPED 4012 4013 iii. Rights-of-Way Unobstructed: In conducting minor tree 4014 cutting activities, rights-of-way shall not be obstructed. 4015 10. Landscaping or Gardening Permitted: Land clearing in conformance 4016 with the provisions of RMC 4-4-130.C.9, Allowable Tree Cutting Activities, and 4017 RMC 4-4-130.D.2, Restrictions for Sensitive Areas, is permitted on a 4018 developed lot for purposes of landscaping or gardening. Land clearing in 4019 conformance with the provisions of RMC 4-4-130.C.9, Allowable Tree Cutting 4020 Activities, and RMC 4-4-130.D.2, Restrictions for Sensitive Areas, is permitted 4021 on a partially developed or undeveloped lot for purposes of landscaping or 4022 gardening provided that no mechanical equipment is used, 4023 11. Operational Mining/Quarrying: Land clearing and tree cutting 4024 associated with previously approved, operational mining and quarrying 4025 activities. City of Renton Sensitive Are Ordinance- Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 130 4026 CD. PROHIBITED ACTIVITIES: 4027 1. Prohibited Activities: There shall be no tree cutting or land clearing on any site 4028 for the sake of preparing that site for future development unless a land development 4029 permit for the site has been approved by the City. 4030 [Editor's Note: portions of Old Sections C.2. and C.3 below Moved to New 4031 Sections C.9. and C.10.1 4032 2-.-Allewable--Tfee--Gutting-Astivities.,-Tree-sutting-is-perisnitted-as-fellews-exsept-as 4033 . 4034 ; 4035 4036 4037 , 4038 4039 , LOTTY'ES DEVELOPED UNDEVELOPED PARTIALLY I I- 5 , FIF i ♦ :` . . F I ELOPECti i— ••_- 4040 - 4041 4042 4043 , 4044 4045 42. Restrictions for Sensitive Areas: No tree cutting or land clearing is permitted 4046 within twenty five feet (25') of any shoreline area, within twenty five feet (25') of the 4047 ordinary high water mark of creeks,any stream, or lake, or their required buffers, in a 4048 wetland area, or its required buffer,eF on property with identified and protected critical 4049 habitats,on slopes is in excess of 4050 forty percent (40%) or areas classified as Very High Landslide Hazards,except 4051 enhansement astivities, as allowed in the Sensitive Area Regulations. Buffer 4052 requirements shall be consistent with the Sensitive Area Regulations. No tree cutting 4053 or land clearing is permitted within established Native Growth Protection Area tracts 4054 or easements. 4055 For all properties, no ground cover management activities except enhancement 4056 activities are permitted in wetlands and their buffers, riparian corridors including a 4057 minimum buffer area of twenty five feet(25) from the high water mark of the creek or 4058 stream, and in the two hundred foot(200) State shoreline area. No ground cover or 4059 trees which are within a minimum of twenty five feet(25) of the annual high water 4060 mark of creeks, streams, lakes, and other shoreline areas or within fifteen feet(15) of 4061 the top of the bank of same should be removed, nor should any mechanical 4062 equipment operate in such areas except for the development of public parks and trail 4063 systems, and enhancement activities. City of Renton Sensitive Are'gg Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 131 4064 4065 . 4066 4067 4068 4069 4070 , 4071 4072 4073 4074 > 4075 [Editor's Note: Old Section D. below Moved to new Section C.] 4076 D. EXEMPTIONS: 4077 • 4078 4079 , 4080 4081 , • • 4082 • 4083 4084 4085 • 4086 vegetatien4nanageraent-and--essential--tree--removal-fGr-publieandiswivate-utilitiesr read 4087 , • • • • 4088 • • 4089 • • • • 4090 4091 E. AUTHORITY AND INTERPRETATION: The City's Development Services Division 4092 Director, or his duly authorized representative, is hereby authorized and directed to interpret 4093 and enforce all the provisions of this section. 4094 [Editor's Note: portions of Old Section E. below Moved to new Section H] 4095 €. REG �� ATIONS FO C ITTIAIG AND THE 4096 DEVELOPMENT OC PROPERTY: • 4097 • • • • • 4098 • • • • 4099 • • 4100 City of Renton Sensitive Are Ordinance— Public Draft#1 `Imo October 25, 1999 RMC 4-4-130 RMC Page 132 4101 4102 4103 , 4104 4105 4106 4107 , 4108 , 4109 liquefaction, 4110 4111 , 4112 4113 4114 4115 buffering 4116 4117 , concistcnt with an 4118 4119 4120 4121 F. PERMITS REQUIRED: 4122 1. Land Development Permit: An approved land development permit is required in 4123 order to conduct tree cutting or land clearing on any site for the sake of preparing that 4124 site for future development. 4125 2. Permit Required for Routine Vegetation Management on Undeveloped 4126 Properties: Any person who performs routine vegetation management on 4127 undeveloped property in the City must obtain a Routine Vegetation Management 4128 Permit prior to performing such work. 4129 3. Permit Required to Use Mechanical Equipment: Except where use of 4130 mechanical equipment is specifically listed as exempt, any person who uses 4131 mechanical equipment for routine vegetation management, land clearing, tree cutting, 4132 landscaping, or gardening on developed, partially developed or undeveloped property 4133 must obtain a routine vegetation management permit prior to performing such work. 4134 4. Timber Stand Maintenance -Conditional Use Permit Required: While timber 4135 harvesting shall not be permitted until such time as a valid land development is 4136 approved, a request may be made for maintenance and thinning of existing timber 4137 stands to promote the overall health and growth of the stand. Permits allowing 4138 maintenance and thinning beyond the limits allowed in subsections RMC 4-4-130.C.9, 4139 Allowable Tree Cutting Activities, shall be considered as a conditional use permit, by 4140 the Hearing Examiner according to the following criteria in lieu of standard conditional 4141 use permit criteria: 4142 a. Appropriate approvals have been sought and obtained with the State 4143 Department of Natural Resources; and City of Renton Sensitive Areas Ordinance—Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 133 4144 b. The activity shall improve the health and growth of the stand and maintain 4145 long term alternatives for preservation of trees; and 4146 c. The activity shall meet the provisions of subsections RMC 4-4-130.H.2, 4147 Applicability, Performance Standards, and Alternates, and RMC 4-4-130.H.3, 4148 General Review Criteria; and 4149 d. Thinning activities shall be limited to less than 40% of the volume and 4150 trees. 4151 5. Tree Cutting -Solar Access or Pasture Land: A routine vegetation 4152 management permit is required for tree cutting in greater amounts than specified 4153 under partially exempt actions in RMC 4-4-130.C.2 for any property where tree cutting 4154 is proposed without an associated land development permit. A Routine Vegetation 4155 Management Permit may be issued allowing tree cutting only in the following cases: 4156 a. For purposes of allowing solar access to existing structures; or 4157 b. To create pasture land where agricultural activities are permitted uses in 4158 the zone. 4159 Any tree cutting activities shall be the minimum necessary to accomplish the purpose, 4160 and shall be consistent with RMC 4-4-130.D.2, Restrictions for Sensitive Areas. 4161 GF. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for 4162 routine vegetation management shall be processed 4163 as follows: 4164 1. Submittal: An application for a routine vegetation management permit shall be 4165 submitted to the Development Services Division together with any necessary fees as 4166 required in Chapter 4-1. 4167 2: Information Required: A routine vegetation management permit application shall 4168 contain the information requested in RMC 4-8-120, Application Submittal 4169 Requirements. 4170 32. Time: The permit shall be reviewed administratively within a reasonable period 4171 of time. 4172 [Editor's Note: Old Section G. below moved to new Section G.2.] 4173 •• • • • 4174 4175 , 4176 [Editor's Note: Old Section H. below moved to new Sections F1., and F.2.] 4177 REGU� ATIONS FO ROUTINE VEGETATION MANAGE ENT•• • • • 4178 • • • 4179 • • 4180 4181 City of Renton Sensitive Ares Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 134 4182 4183fac-reutine--YegetatieR4laanagementr-land-sleaFingrtfee-sutti-pgi-tandssalaingef 4184 , 4185 4186 4187 , 4188 , 4189 4190 ° ° 4191 ° 4192 , King 4193 4194 Maps 4195 , 4196 , 4197 4198 4199 area of twenty Five feet MG'\from the high water mark of the creek er stream 4200 ' 4201 J� 4 . Routine Vegetation Management Permit Conditions: The routine vegetation 4202 management permit may be denied or conditioned by the City to restrict the timing 4203 and extent of activities in order to further the intent of this section including: 4204 a4. Preserve and enhance the City's aesthetic character and maintain visual 4205 screening and buffering. 4206 b2. Preserve habitat to the greatest extent feasible. 4207 ca. Prevent landslides, accelerated soil creep, settlement and subsidence 4208 hazards. 4209 d4. Minimize the potential for flooding, erosion, or increased turbidity, siltation 4210 or other form of pollution in a watercourse. 4211 e. Ensure that the proposal will be consistent with RMC 4-4-130.D.2, 4212 Restrictions for Sensitive Areas. 4213 J 5. Time Limits for Routine Vegetation Management Permits: Any permit for 4214 routine vegetation management shall be valid for one year from the date of issuance. 4215 An extension may be granted by the Development Services Division for a period of 4216 one year upon application by the property owner or manager. Application for such an 4217 extension must be made at least thirty (30) days in advance of the expiration of the 4218 original permit and shall include a statement of justification for the extension. 4219 HK. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: 4220 1_Plan Required: When a development permit is submitted to the City it shall be 4221 accompanied by a land clearing and tree cutting plan. Where it is not practicable to 4222 retain all trees on site due to a proposed development, the plot plan shall identify `"" City of Renton Sensitive Ard's Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 135 4223 those trees which are proposed for removal. Where the drip line of a tree overlaps an 4224 area where construction activities will occur, this shall be indicated on the plot plan. 4225 Trees shall be shown on the plan as follows: 4226 a. For allowed activities, including allowed exemptions, modifications, and 4227 variances, show all trees proposed to be cut on priority tree retention 4228 areas: slopes 25%or greater, High or Very High Landslide Areas, and 4229 High Erosion Hazard Areas. 4230 b. Show trees to be cut in restricted Sensitive Areas: wetlands, streams, 4231 floodways, slopes 40% or greater, Very High Landslide Hazard areas, and 4232 critical habitat if the activity is exempt or allowed by the Sensitive Areas 4233 Regulations in RMC 4-3-050.C.5. 4234 c. Show all trees to be retained in Sensitive Area buffers. 4235 d. Show trees to be cut along shorelines,streams, and lakes and in their 4236 buffers. 4237 e. Show trees proposed to be cut within required zoning setbacks along 4238 perimeter of development. 4239 f. In all other areas of the site, trees to be cut can be indicated generally with 4240 clearing limits. • 4241 • • • 4242 4243 4244 City. 4245 2. Applicability, Performance Standards and Alternates: All land clearing and 4246 tree cutting activities shall conform to the criteria and performance standards set forth 4247 in this section unless otherwise recommended in an approved soil engineering, 4248 engineering geology, hydrology or forest management plan and where the alternate 4249 procedures will be equal to or superior in achieving the policies of this Section. All 4250 land clearing and tree cutting activities may be conditioned to ensure that the 4251 standards, criteria, and purpose of this section are met. 4252 3. General Review Criteria: All land clearing and tree cutting activities shall meet 4253 the following criteria: 4254 a. The land clearing and tree cutting will not create or significantly contribute 4255 to landslides, accelerated soil creep, settlement and subsidence or hazards 4256 associated with strong ground motion and soil liquefaction. 4'257 b. The land clearing and tree cutting will not create or significantly contribute 4258 to flooding, erosion, or increased turbidity, siltation or other form of pollution in 4259 a watercourse. 4260 c_Land clearing and tree cutting will be conducted to maintain or provide 4261 visual screening and buffering between land uses of differing intensity, 4262 consistent with applicable landscaping and setback provisions of the Renton 4263 Municipal Code. 4264 d. Land clearing and tree cutting shall be conducted so as to expose the 4265 smallest practical area of soil to erosion for the least possible time, consistent 4266 with an approved build-out schedule and including any necessary erosion City of Renton Sensitive AreOrdinance— Public Draft#1 44600 October 25, 1999 RMC 4-4-130 RMC Page 136 4267 control measures. 4268 e. Land clearing and tree cutting shall be consistent with RMC 4-4-130.D.2., 4269 Restrictions for Sensitive Areas, and RMC 4-3-050, Sensitive Areas 4270 Regulations. 4271 42. Tree Preservation: Trees shall be maintained to the maximum extent feasible 4272 on the property where they are growing. 4273 a. Tree-Cutting Ability to Condition Plan: 4274 4275 The City 4276 may require a modification of the land clearing and tree cutting plan or the 4277 associated land development plan to ensure the retention of the maximum 4278 number of trees. 4279 b. 4280 > 4281 4282 Clearing— 4283 Conditions of Approval: The Department Administrator or designee may 4284 condition a proposal to restrict clearing outside of building sites, rights-of-way. 4285 utility lines and easements, to require sequencing and phasing of construction, 4286 or other measures, consistent with the permitted density and intensity of the 4287 zone. 4288 53. Native Growth Protection Easements Areas: Whore Established: Native 4289 growth protection cscmcntc areas may be established through the subdivision 4290 process or via another land development permit pursuant to the Sensitive Areas 4291 regulations and RMC 4-3-050.G. and in environmentally sensitive areas including but 4292 not limited to the following area: i-A a buffer area from the annual high water mark of 4293 creeks, streams, lakes and other shoreline areas or from the top of the bank of same, 4294 whichever provides good resource protection. 4295 ih-Areas in which the-average sloope-irs greater tF a o ty--pperceent rc c.ry 4296 ('10%). 4297 . 4298 4299 4300 4301 4302 4303 4304 4305 4306 • 4307 64. Timing: The City may restrict the timing of the land clearing and tree cutting 4308 activities to specific dates and/or seasons when such restrictions are necessary for 4309 the public health, safety and welfare, or for the protection of the environment. 4310 75. Restrictions for Sensitive Areas: See RMC 4-4-130-D.2., Prohibited Activities City of Renton Sensitive Arb 's Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 137 4311 and RMC 4-3-050, Sensitive Areas Regulations. 4312 - 4313 4314 , 4315 4316 4317 enhancement anti„ities 4318 . 4319 4320 4321 4322 86--Additional Tree/Ground Cover Retention Requirements: 4323 a. Trees shall be maintained to the maximum extent feasible on the property 4324 where they are growing. 4325 b. The City may require and/or allow the applicant to relocate or replace 4326 trees, provide interim erosion control, hydroseed exposed soils, or other 4327 similar conditions which would implement the intent of this section. 4328 c. Priority shall be given to retention of trees on slopes between twenty five 4329 and forty percent (25-40%) and on lands classified as having High or Very 4330 High Landslide Hazards, or High Erosion hazards as classified in the 4331 Sensitive Areas Regulation. 4332 d. Where feasible, trees which shelter interior trees or trees on adjacent 4333 properties from strong winds that could otherwise cause them to blow down 4334 should be retained. 4335 e. Except in sensitive areas unless enhancement activities are being 4336 performed, the removal of trees on the following list should be allowed in order 4337 to avoid invasive root systems, weak wood prone to breakage, or varieties 4338 which tend to harbor insect pests: 4339 i. All Populus species including cottonwood (Populus trichocarpa), 4340 quaking aspen (Populus tremuloides), lombardy poplar(Populus nigra 4341 "Italica"), etc. 4342 ii. All Alnus species which includes red alder(Alnus oregona), black 4343 alder(Alnus glutinosa),white alder(Alnus rhombifolia), etc. 4344 iii. Salix species which includes weeping willow (Salix babylonica), etc. 4345 unless along a stream bank and away from paved areas. 4346 iv. All Platanus species which include London plane tree (Platanus 4347 acerifolia),American sycamore, buttonwood, (Platanus occidentalis), 4348 etc. 4349 97. Protection Measures During Construction: 4350 a. Tree Protection Measures: 4351 Protection measures in RMC 4-4-130.H.9.b.i City of Renton Sensitive AreOrdinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 138 4352 through b.vi should shall apply for all trees which are to be retained in areas 4353 immediately subject to construction. These requirements may be waived 4354 pursuant to RMC 4-9-250.D. individually or severally by the City if the 4355 developer demonstrates them to be inapplicable to the specific on-site 4356 conditions or if the intent of the regulations will be implemented by another 4357 means with the same result. 4358 b. Drip Line: , 4359 All of the following tree protection measures 4360 shall apply: 4361 i. The applicant may not fill, excavate, stack or store any equipment, or 4362 compact the earth in any way within the area defined by the drip line of 4363 any tree to be retained. 4364 ii. The applicant shall erect and maintain rope barriers or place bales of 4365 hay on the drip line to protect roots. In addition, the applicant shall provide 4366 supervision whenever equipment or trucks are moving near trees. 4367 iii. If the grade level adjoining to a tree to be retained is to be raised, the 4368 applicant shall construct a dry rock wall or rock well around the tree. The 4369 diameter of this wall or well must be equal to the tree's drip line. 4370 iv. The applicant may not install impervious surface material within the 4371 area defined by the drip line of any tree to be retained. 4372 vs. The grade level around any tree to be retained may not be lowered 4373 within the greater of the following areas: 1) the area defined by the drip 4374 line of the tree, or 2) an area around the tree equal to one foot (1') in 4375 diameter for each one inch (1")of tree caliper. 4376 yid. The applicant shall retain a qualified professional to prune branches 4377 and roots,fertilize, and water as appropriate for any trees and ground 4378 cover which are to be retained. 4379 IL. VARIANCE PROCEDURES: The Hearing Examiner shall have the authority to grant 4380 variances from the provisions of this section pursuant to RMC 4-1-050.F.1.q. and RMC 4-9- 4381 250. 4382 JM. VIOLATIONS AND PENALTIES: 4383 1. Penalties: Penalties for any violation of any of the provisions of this section shall 4384 be in accord with RMC 1-3-2 of this Code. In a prosecution under this section, each 4385 tree removed, damaged or destroyed will constitute a separate violation and the 4386 monetary penalty for each violated tree shall be no less than the minimum penalty, 4387 and no greater than the maximum penalty of RMC 1-3-2D. (Ord. 4351, 5-4-92) 4388 2. Additional Liability for Damage: In addition, Aany person who violates any 4389 provision of this section or of a permit issued pursuant thereto shall be liable for all 4390 damages to public or private property arising from such violation, including the cost of 4391 restoring the affected area to its condition prior to such violation. City of Renton Sensitive Are Ordinance— Public Draft#1 October 25, 1999 RMC 4-4-130 RMC Page 139 4392 3. Restoration Required: The City may require 4393 replacement of all improperly removed ground cover with species similar to those 4394 which were removed or other approved species such that the biological and habitat 4395 values will be replaced. Restoration shall include installation and maintenance of 4396 interim and emergency erosion control measures which shall be requiredsuch 4397 4398 4399 as 4400 determined by the City and 4401 4. Replacement Required: The City may require for each tree which was 4402 improperly cut and/or removed, replacement planting of a tree of equal size, quality 4403 and species or up to three (3)trees of the same species in the immediate vicinity of 4404 the tree(s)which was removed. The replacement trees will be of sufficient caliper to 4405 adequately replace the lost tree(s) or a minimum of three inches (3") in caliper. 4406 5. Stop Work: For any parcel on which trees and/or ground cover are improperly 4407 removed and subject to penalties under this section, the City shall stop work on any 4408 existing permits and halt the issuance of any or all future permits or approvals until 4409 the property is fully restored in compliance with this section and all penalties are paid. 4410 (Ord. 4219, 6-5-89) 4411 •rrr City of Renton Sensitive Arewg Ordinance— Public Draft#1 October 25, 1999 RMC 4-7-130 RMC Page 141 4412 SECTION 4-7-130 ENVIRONMENTAL CONSIDERATION — 4413 GENERAL REQUIREMENTS AND MINIMUM STANDARDS: 4414 4415 4416 A. PURPOSE: 4417 It is the purpose of this section to provide for the protection of valuable, irreplaceable 4418 environmental amenities and to make urban development as compatible as possible with the 4419 ecological balance of the area. Goals are to preserve drainage patterns, protect groundwater 4420 supply, prevent erosion and to preserve trees and natural vegetation. This is beneficial to the 4421 City in lessening the costs of the development to the City as a whole, and to the subdivider in 4422 creating an attractive and healthy environment. 4423 B. ACTION NOT A TAKING: 4424 No action taken herein shall constitute a taking under the laws or constitution of the State or 4425 Federal government. 4426 C. ENVIRONMENTAL CONSIDERATIONS: 4427 A plat, short plat, subdivision or dedication shall be prepared in conformance with the 4428 following provisions: 4429 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for 4430 subdivision includes land with features likely to be harmful to the safety and general 4431 health of the future residents (such as lands adversely affected by flooding, steep • 4432 slopes, or rock formations). Land which the Department or the Hearing Examiner 4433 considers inappropriate for subdivision shall not be subdivided unless adequate 4434 safeguards are provided against these adverse conditions. 4435 a. Flooding/Inundation: If any portion of the land within the boundary of a 4436 preliminary plat is subject to flooding or inundation, that portion of the 4437 subdivision must have the approval of the State according to chapter 86.16 4438 RCW before the Department and the Hearing Examiner shall consider such 4439 subdivision. 4440 b. Steep Slopes: A plat, short plat, subdivision or dedication which would 4441 result in the creation of a lot or lots that primarily have slopes forty percent 4442 (40%) or greater as measured per RMC 4-3-050.B.4.b, without adequate area 4443 at lesser slopes upon which development may occur, shall not be approved. 4444 [Editor's Note: The following italicized section is formerly 4-3-110.T.2.] 4445 2. Native Growth Protection Area Easement and Minimum Lot Size: Native 4446 Growth Protection Area easements may be included in the minimum lot size of lots 4447 created through the subdivision process, provided that the area of the lot outside of 4448 the easement is sufficient to allow for adequate buildable area and yards. 4449 3. Trees: Reasonable effort shall be made to preserve existing trees. 4450 4. Streams: 4451 a. Preservation: Every reasonable effort shall be made to preserve existing 4452 streams, bodies of water, and wetland areas. 4453 b. Method: If a stream passes through any of the subject property, a plan 4454 shall be presented which indicates how the stream will be preserved. The 4455 methodologies used should include an overflow area, and an attempt to City of Renton Sensitive AreOrdinance— Public Draft#1 October 25, 1999 RMC 4-7-130 RMC Page 142 4456 minimize the disturbance of the natural channel and streambed. 4457 c. Culverting: The piping or tunneling of water shall be discouraged and 4458 allowed only when going under streets. 4459 d. Clean Water: Every effort shall be made to keep all streams and bodies of 4460 water clear of debris and pollutants. City of Renton Sensitive A' as Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 143 4461 4-8-120 SUBMITTAL REQUIREMENTS--SPECIFIC TO APPLICATION 4462 TYPE: 4463 The following tables list the submittal requirements for each type of permit application or land 4464 use approval which must accompany the required application fees specified in RMC 4-1-140 4465 through RMC 4-1-200: 4466 A. Table 1---Public Works Permit Submittal Requirements 4467 B. Table 2--Building RMC Permit Submittal Requirements 4468 C. Table 3--Land Use Permit Submittal Requirements. (Ord. 4587, 3-18-96, Amd. 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CW Wj NPw w (:c d to z o o °'. 7 :! o o eo Q sl o Ico `v d m E t r °= CO a. _1 11 o d d_d Q. to d t1_ d -o d a. n- _CO 2 Cl) to, CO CO CO CO -41111111111111 el cn t> rtle!> laNeM aOUeueA 10 " Cnl M )!UUad nflodwal v to cnl cn Plead laPadS cn -a to t111 cn ueld*US v cn v in " cax cn ,JeUJ-leld Ix 4S cM ,/jeuunlaid„-laid pWS ' to " cn1 c") aoueueA au!IaJo4S v in " cnI cn Luuad asfl RtleteeUo'J aellas 4S cn ' ao (4 cnl cn )!uuad)uawdolanao laltee)sgnS aU!Iaa4S cn v so C4 MI en eaIldurex3 au!IaleeS N cnl cn )lad lealeaBeueVI ee!)eyaeaA aucinetl a ce `' cn E auazaa `+ ow a a I1U!d'and a n so E tieuw!pJd'and `M cn cnl cal w n o g • g E r $ tieuw!lald-laid cn `� tnI eel E 6 8_ c pew'laid '° PM et et `o 4 p c O a S e )s anbaJ el ewallyNope311P0W n g r- c leuld )lied aux>H all9oW N cnl, c oya a In v rll N) / 71 � ,z ItleuwlW)d Slied awoH a1R011 u0. 2 CI O .8iiaE v 0 W (sawed IenP!n!Pel)ueld ails ialseW in cn er er in N col cn o 0 oc o n !° a ..1 N a o 3 Q (piano)weld alp Ja)seW in cn v N n a m rn • c I- )uaw)snfpV eu!l WI to cn 3 .r v c �_ c o N FggoH'esuao!l lauuaol = c e a 3 0 asuao!1 r H a m c > 00 v in N ell el TO. 7 c € O at (le!sadS)AUuad IPA Pee Wale v c 0 o • t (yoa!axf-uou)1na!na2!leurawuonnu3 c m y 3 a C r cJo ma!nam IewauumAnu3 cn v co ell cn fa o E)- o v f0 nL c ; (�auwex3 cn v to ell a 0 C o BUueaH)l!Uuad asfl leuo!I!PUo'J 5 Y v 0 (annei)s!uwpy)1!uLad�fl leuo!yPUoJ cn v to cnl cn w m 0 o 0 r 16 w 7 saw,BUIULOJUOo r v w U a -Uou 1o1)!wiad lenaddy leuoq!Puo'J > m n$ cE -- - atnl'xu)s Suawo)uoo o 3 m ' c A a d 7 U uou a *wad ienaddy leuaypuO3 c 4 0 0 )uawPUawy_lxdl weld an!sUa4aldwoo E ci • a 0 u auoraa/luawpuawy del/weld'dwo° .0 c a . -a 0 c .o uo)ednoo0 awoH 1ol l ne - .4 '� I a m a 9 le r asuao! ssau!s 3 '� °' to Q u m iii leaddV LUa3 € won v 0 0 3 n c (Bu!uoz 41!M Uo!1!lad%O9)uo!3exauuy o a o o 'n (lualul)o aolloN m1)ua)exauuy , , n. ° ' 0 8 idc U 'V Li c, C U C to 11W2l3d/NOIiVOIlddV dO 3dAJ. u'- m n' o >.o I- u c $ > oc.t o v c u Z l0 7 .c a G o q Cl 5 Z W 0 0 d O taa o YO v CCg1 Y E ' E u Z C 0 c c N ov d E o o a W w c U o o o y o o o (n cc U fn m Im 10 0 Z5Ed� md � o `u - _ m o v a op (� c u cov_ v_ � Z J T Or N cm C x • U d c O E t�i o O Q _1 Q L C c co J 0 0 0 El L a N cA w u a v v m �'i i O a m E J rn u U U o u 0 m u U a u n m E Z Q am IIP a = v u Z ti, F-- ci ' d av4O u u I- F-_I-_I- U I- a 5 M !7) a City of Renton Sensitive Ads Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 147 4474 D. DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING, 4475 PLANNING AND PUBLIC WORKS PERMIT APPLICATIONS: 4476 3. Definitions C: 4477 Drainage Plan/Map: Plans drawn to scale and stamped by a State of Washington 4478 licenses licensed engineer and 4479 complying with the requirements of RMC 4-6-030, Drainage (Surface Water) Standards, 4480 and the King County Surface Water Management Design Manual as adopted by the City 4481 of Renton. 4482 Drainage Report: A report stamped by a State of Washington licensed engineer of 4483 complying with the requirements • 4484 of the City of Renton Drafting Standards, RMC 4-6-030, Drainage (Surface Water) 4485 Standards, and the King County Surface Water Management Design Manual 4486 (KCSWDM) as adopted by the City of Renton. 4487 6. Definitions F: 4488 Final Plat Plan: The final plat or final short subdivision map (for short subdivisions of 5 4489 or more lots) shall be drawn to a scale of not less than one inch representing one 4490 hundred feet (1" = 100') unless otherwise approved by the Department, and on sheets 4491 eighteen inches by twenty four inches (18" x 24"). The original reproducible drawing 4492 shall be in black ink on stabilized drafting film, and shall: 4493 a. Include the date, title, name and location of subdivision, graphic scale, and 4494 north arrow. 4495 b. Include names, locations, widths and other dimensions of existing and 4496 proposed streets, alleys, easements, parks, open spaces and reservations. 4497 c. Include lot lines with all property lines dimensioned and square footage of 4498 each lot. 4499 d. Include location, dimensions, and square footages of any existing structures 4500 to remain within or abutting the plat. 4501 e. Include location of existing conditions (such as wetlands, steep slopes, water 4502 courses, floodplains)on or adjacent to the site which could hinder development. 4503 f. Include reservations, restrictive covenants, easements (including easement 4504 language), and any areas to be dedicated to public use, with notes stating their 4505 purpose and any limitations. If a new easement is created on the plat it must 4506 show the grantee of the easement rights. If the grantee is the City a statement of 4507 easement provisions reserving, granting and conveying the easement, with a 4508 description of the rights and purposed need to be made on the plat. City of Renton Sensitive Arerdinance— Public Draft#1 `'- October 25, 1999 RMC 4-8-120 RMC Page 148 4509 g. Include the lot and block numbering scheme and lot addresses on the plat 4510 map. Street names and addresses shall be determined by the Department in 4511 accordance with the 4512 and-the Street Grid Ordinance (chapter 9-11 RMC), and established Department 4513 procedures for addressing of new lots. 4514 h. Contain data sufficient to determine readily and reproduce on the ground the 4515 location, bearing, and length of every street, easement line, lot line, boundary line 4516 and block line on site. Shall include dimensions to the nearest one-hundredth 4517 (1/100) of a foot and angles and bearings in degrees, minutes, and seconds. 4518 i. Include coordinates per City surveying standards for permanent control 4519 monuments. 4520 j. Display all interior permanent control monuments located per City surveying 4521 standards. 4522 k. Be mathematically correct. 4523 I. Contain a legal description of the land to be subdivided on the final mylar. 4524 m. Include certifications: 4525 i. Certification showing that streets, rights of way and all sites for public use 4526 have been dedicated. 4527 ii. Certification by a licensed land surveyor that a survey has been made and 4528 that monuments and stakes will be set. 4529 iii. Certification by the responsible health agencies that the methods of 4530 sewage disposal and water service are acceptable. 4531 iv. Certification by the King County Finance Department that taxes have 4532 been paid in accordance with section 1, chapter No. 188, Laws of 1927 4533 (RCW 58.08.030 and 040) and that a deposit has been made with the King 4534 County Finance Department in sufficient amount to pay the taxes for the 4535 following year. 4536 v. Certification by the City Finance Department that there are no delinquent 4537 special assessments and that all special assessments certified to the City 4538 Treasurer for collection on any property herein contained dedicated for 4539 streets, alleys or other public uses are paid in full. 4540 vi. Certification of approval to be signed by the Administrator. 4541 vii. Certification of approval to be signed by the Mayor and attested by the 4542 City Clerk. 4543 [Editor's Note: The italicized portions of the following definition were formerly part of 4-3- `r' City of Renton Sensitive AtIsets Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 149 4544 060.E.1] 4545 Flood Hazard Data: Flood hazard data includes: 4546 a. 4547 Plans 4548 in duplicate drawn to scale showing the nature, location, dimensions, and 4549 elevations of the area in question; existing or proposed structures, fill, storage of 4550 materials, drainage facilities, and the location of the foregoing. Specifically, the 4551 4552 b. Elevation in relation to mean sea level of the lowest floor(including basement) 4553 of all structures; (Ord. 4071, 6-1-87) 4554 c. Elevation in relation to mean sea level to which any structure has been 4555 floodproofed; 4556 d. Certification by a registered professional engineer or architect that the 4557 floodproofing methods criteria in RMC 4-3-050.1.3.c.; and for any nonresidential 4558 structure meet the floodproofing; and 4559 e. Description of the extent to which a watercourse will be altered or relocated as 4560 a result of proposed development. 4561 7. Definitions G: 4562 Geotechnical Report: A study prepared in accordance with generally accepted 4563 geotechnical practices and stamped by a licence professional engineer licensed in the 4564 State of Washington which includes including soils and slope stability analysis, boring 4565 and test pit logs, and recommendations on slope setbacks, foundation design, retaining 4566 wall design, material selection, and all other pertinent elements. If the evaluation 4567 involves geologic evaluations or interpretations, the report shall be reviewed and 4568 approved by a geologist. Further recommendations, additions or exceptions to the 4569 original report based on the plans, site conditions, or other supporting data shall be 4570 signed and sealed by the geotechnical engineer. If the qeotechnical engineer who 4571 reviews the plans and specifications is not the same engineer who prepared the 4572 qeotechnical report, the new engineer shall in a letter to the City accompanying the 4573 plans and specifications, express his or her agreement or disagreement with the 4574 recommendations in the geotechnical report and state that the plans and specifications 4575 conform to his or her recommendations. If the site contains a geologic hazard regulated 4576 by the Sensitive Areas Regulation, the preparation and content requirements of RMC 4- 4577 8-120.D, Table 18 shall also apply. 4578 Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State of 4579 Washington licensed landscape architect at a scale of one inch to forty feet (1' to 40') 4580 (horizontal feet)and one inch to ten feet (1" to 10') (vertical feet) (or other size plan 4581 sheet or scale approved by the Development Services Division Plan Review Supervisor) 4582 clearly indicating the following: City of Renton Sensitive Arebrdinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 150 4583 a. Graphic scale and north arrow, 4584 b. Dimensions of all property lines, easements, and abutting streets, 4585 c. Location and dimension of all on-site structures and the location of any 4586 structures within fifteen feet (15') of the subject property or which may be 4587 affected by the proposed work, 4588 d. Accurate existing and proposed contour lines drawn at five foot(5'), or less, 4589 intervals showing existing ground and details of terrain and area drainage to 4590 include surrounding off-site contours within one hundred feet (100')of the site, 4591 e. Location of natural drainage systems, including perennial and intermittent 4592 streams,an4 the presence of bordering vegetation, and flood plains. 4593 f. Setback areas and any areas not to be disturbed, 4594 g. Finished contours drawn at five foot (5') intervals as a result of grading, 4595 h. Proposed drainage channels and related construction with associated 4596 underground storm lines sized and connections shown, and 4597 i. General notes addressing the following (may be listed on cover sheet): 4598 i. Area in square feet of the entire property. 4599 ii. Area of work in square feet. 4600 iii. Both the number of tons and cubic yards of soil to be added, removed, or 4601 relocated. 4602 iv. Type and location of fill origin, and destination of any soil to be removed 4603 from site. 4604 v. Finished floor elevation(s) of all structures, existing and proposed. 4605 8. Definitions H: 4606 Habitat Data Report: Habitat data reports include: 4607 a. Site Plan: The site plan shall indicate: 4608 i. The vegetative cover types reflecting the general boundaries of the 4609 different plant communities on the site. 4610 ii. The exact locations and specifications for all activities associated with 4611 site development including the type, extent and method of operations 4612 iii. Top view and typical cross-section views of critical habitat/wildlife City of Renton Sensitive Pets Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 151 4613 habitat to scale. 4614 iv. The results of searches of the State Department of Fish and Wildlife's 4615 Natural Heritage and Non-Game Data System databases. 4616 v. The results of searches of the Washington State Department of Fish 4617 and Wildlife Priority Habitat and Species database. 4618 b. Narrative Report: A narrative report shall be prepared to accompany the site 4619 plan which describes: 4620 i. The layers, diversity and variety of habitat found on the site. 4621 ii. The location of any migration or movement corridors. 4622 iii. The species typically associated with the cover types, including an 4623 identification of any critical wildlife species that might be expected to be 4624 found. 4625 iv. Identification of any areas that have been previously disturbed or 4626 degraded by human activity or natural processes. 4627 v. A summary of existing habitat functions and values, utilizing a habitat 4628 evaluation procedure or methodology approved by the City. 4629 vi. A summary of proposed habitat alterations and impacts and proposed 4630 habitat management program. Potential impacts may include but are not 4631 limited to clearing of vegetation, fragmentation of wildlife habitat, 4632 expected decrease in species diversity or quantity, changes in water 4633 quality, increases in human intrusion, and impacts on wetlands or water 4634 resources. 4635 12. Definitions L: 4636 Letter of Conformance with Geotechnical Report: A letter submitted by the applicant 4637 stating structural plans were prepared consistent with the findings of the geotechnical 4638 report and stamped by a structural engineer. The plans and specifications shall be 4639 accompanied by a letter from the Geotechnical Engineer who prepared the geotechnical 4640 report stating that in his or her judgment, the plans and specifications conform to the 4641 recommendations in the geotechnical report and the risk of damage to the proposed 4642 development site and downslope properties from potentially hazardous conditions will be 4643 minimal subject to the conditions set forth in the report. 4644 Letter of Understanding Geologic Risk: The applicant, or the owner of the site, shall 4645 submit a letter to the City, with the plans and specifications, stating that he or she 4646 understands and accepts the risk of developing in an unstable area and that he or she 4647 will advise, in writing, any prospective purchasers of the site, or any prospective 4648 purchasers of structures or portions of structures on the site, of the unstable potential of 4649 the area. City of Renton Sensitive Arerdinance — Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 152 4650 13. Definitions M: 4651 Map of Existing Site Conditions: A plan drawn at the same scale as, or combined 4652 with, the grading plan or topography map showing existing topographical or five foot(5') 4653 contours or less, and structural and natural features. The plan shall include major trees, 4654 shrubs, large rocks, creeks and watersheds, floodplains, buildings, roadways and trails. 4655 14. Definitions N: 4656 Notation of Geologic Risk by Engineer: A letter of notation on the design drawings 4657 prepared by a structural engineer and submitted at the time of the permit application 4658 stating that he or she has reviewed the geotechnical report, understands its 4659 recommendations, has explained or has had explained to the owner the risks of loss due 4660 to earth movement on the site, and has incorporated into the design the 4661 recommendations of the geotechnical report and established measures to reduce the 4662 potential risk of injury or damage that might be caused by any earth movement predicted 4663 in the report. 4664 16. Definitions P: 4665 Preliminary Plat Plan: A plan prepared by a State of Washington registered land 4666 surveyor in accordance with RCW 18.43.020, fully dimensioned, drawn at a scale of one 4667 inch equals forty feet(1" =40')on an eighteen inch by twenty four inch (18"x 24") plan 4668 sheet (or other size or scale approved by the Development Services Division Director) 4669 and including the information required by City of Renton Subdivision Regulations: 4670 a. Name of the proposed preliminary plat(and space for the future City file 4671 number). 4672 b. Names and addresses of the engineer, licensed land surveyor, and all 4673 property owners. 4674 c. Legal description of the property to be subdivided. 4675 d. Date, graphic scale, and north arrow oriented to the top of the paper/plan 4676 sheet. 4677 e. Vicinity map (a reduced version of the neighborhood detail map as defined 4678 above). 4679 f. Drawing of the subject property with all existing and proposed property lines 4680 dimensioned, indicating the required yards (setbacks)with dashed lines. 4681 g. Location of the subject site with respect to the nearest street intersections 4682 (including intersections opposite the subject property), alleys and other rights-of- 4683 way. 4684 h. Names, locations, types, widths and other dimensions of existing and 4685 proposed streets, alleys, easements, parks, open spaces and reservations. (Ord. W..r City of Renton Sensitive Ar as Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 153 4686 4587, 3-18-1996) 4687 i. Location, distances from existing and new lot lines, and dimensions of any 4688 existing and proposed structures, existing on-site trees, existing or proposed 4689 fencing or retaining walls, freestanding signs, and easements. 4690 j. Location of existing conditions on or adjacent to the site which could hinder 4691 development. 4692 k. Flood hazard information and boundary on the subdivision drawing including 4693 the nature, location, dimensions, and elevations of the subdivided area. 4694 llk. A legend listing the following included on the first sheet of the preliminary plat 4695 plan: 4696 i. Total area in acres of proposed preliminary plat, 4697 ii. Proposed number of lots, 4698 iii. Zoning of the subject site, 4699 iv. Proposed square footage in each lot, and 4700 v. Percentage of land in streets and open space. 4701 mt. Access and Utilities: Indicate how the proposed subdivision will be served by 4702 streets and utilities, show how access will be provided to all lots, and the location 4703 of sewer and water lines. 4704 nm. Contours and Elevations: Shall include contour and/or elevations (at five foot 4705 (5') vertical intervals minimum)to the extent necessary to accurately predict 4706 drainage characteristics of the property. Approximate, estimated contour lines 4707 shall be extended at least one hundred feet(100') beyond the boundaries of the 4708 proposed plat. 4709 on. Zoning: Shall indicate the zoning applicable to the land to be platted, 4710 subdivided or dedicated and of the land adjacent and contiguous. 4711 Project Narrative, Routine Vegetation Management: A proiect narrative report shall 4712 include the following elements: 4713 a. A time schedule for all mechanical equipment activities or routine 4714 vegetation management activities. 4715 b. A plan for the specific work to be performed. 4716 c. For routine vegetation management on undeveloped properties, the 4717 narrative shall include: 4718 i. Standards and criteria to be used for routine tree trimming and City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 154 4719 tree topping; 4720 ii. Standards and criteria to be used for ground cover management; 4721 and 4722 iii. Standards and criteria to be used in determining the location for 4723 use of chemicals including insecticides and herbicides. 4724 d. For use of mechanical equipment the narrative shall include: 4725 i. The type of equipment to be used. 4726 ii. A description of the specific work to be accomplished using the 4727 equipment. 4728 iii. The measures proposed to protect the site and adjacent 4729 properties from the potential adverse impacts of the proposed 4730 work and equipment operation. 4731 19. Definitions S: 4732 Short Plat Map, Preliminary: A fully dimensioned plan, drawn at a scale of one inch 4733 equals forty feet (1" =40') on an eighteen inch by twenty four inch (18" x 24") plan sheet 4734 (or other size or scale approved by the Development Services Division Director) and 4735 including the following information: 4736 a. Name of the proposed short plat (and space for the future City file number), 4737 b. Names and addresses of the engineer, licensed land surveyor, and all 4738 property owners, 4739 c. Legal description of the property, 4740 d. Date, graphic scale, and north arrow oriented to the top of the paper/plan 4741 sheet, 4742 e. Vicinity map (a reduced version of the "neighborhood detail map" as defined 4743 above), 4744 f. A drawing of the subject property with all existing and proposed property lines 4745 dimensioned, indicating the required yards (setbacks)with dashed lines, 4746 g. Location of the subject site with respect to the nearest street intersections 4747 (including intersections opposite the subject property), alleys and other rights-of- 4748 way, showing how access will be provided to all lots, 4749 h. Names, locations, widths and other dimensions of existing and proposed 4750 streets, alleys, easements, parks, open spaces and reservations, Noe City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 155 4751 i. Contours and elevations at minimum five foot (5') vertical intervals to the extent 4752 necessary to predict drainage characteristics of the property. Approximate, 4753 estimated contour lines shall be extended at least one hundred feet (100') 4754 beyond the boundaries of the proposed short plat, 4755 j. Location and dimensions of any existing and proposed structures, existing on- 4756 site trees, existing or proposed fencing or retaining walls, freestanding signs, and 4757 easements, 4758 k. Location of existing conditions on or adjacent to the site which could hinder 4759 development, and 4760 I. Flood hazard information and boundary on the subdivision drawing including 4761 the nature, location, dimensions, and elevations of the subdivided area. 4762 mi. A legend listing the following included on the first sheet of the short plat plan: 4763 i. Short plat, 4764 ii. Proposed number of lots, 4765 iii. Zoning of the subject site, 4766 iv. Proposed square footage in each lot, and 4767 v. Percentage of land in streets and open space. 4768 Stream and Lake Data: Stream and Lake Data include the following information, 4769 prepared as specified: 4770 a. Field Location: The ordinary hiqh water mark shall be flapped in the field by 4771 a qualified consultant. The field flapping must be accompanied by a stream or 4772 lake reconnaissance report. 4773 b. Reconnaissance Report: The report shall include the following information: 4774 i. In addition to any submittal requirements in Chapter 4-8, the site 4775 map(s) shall indicate: 4776 • The entire parcel of land owned by the applicant and the 4777 ordinary high water mark determined in the field; 4778 • Top view and typical cross-section views of the stream or 4779 lake bed, banks, and buffers to scale; 4780 • The vegetative cover of the stream or lake, banks, and the 4781 site identification of the dominant plant and animal species; 4782 ii. Stream or Lake Assessment: A narrative report shall be prepared to 416.1 *if City of Renton Sensitive Areas Ordinance — Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 156 4783 accompany the site plan which describes: 4784 • The vegetative cover of the stream or lake, banks, and the site, 4785 identifying the dominant plant, fish, and animal species; 4786 • If mitigation is proposed, a mitigation plan which includes baseline 4787 information, environmental goals and objectives, performance 4788 standards, construction plans, a monitoring program and a 4789 contingency plan. 4790 • If stream or lake or associated buffer changes are proposed, the 4791 applicant shall evaluate alternative methods of developing the 4792 property using the following criteria in this order: 4793 - Avoid any disturbances to the stream, lake or buffer; 4794 - Minimize any stream, lake or buffer impacts; 4795 - Compensate for any stream, lake or buffer impacts; 4796 - Restore any stream, lake or buffer area impacted or lost 4797 temporarily; and 4798 - Enhance degraded stream or lake habitat to compensate 4799 for lost functions and values. 4800 • Any proposed alteration of lakes or stream shall be evaluated by 4801 the Department Administrator using the above hierarchy. 4802 21. Definitions U: 4803 Utilities Plan, Generalized: A plan drawn on twenty two inch by thirty four inch (22" x 4804 34") plan sheets using a graphic scale of one inch equals forty feet (1" = 4020') (or other 4805 scale or size approved by the Development Services Division Plan Review Supervisor) 4806 clearly showing all existing (to remain) and proposed public or private improvements to 4807 be dedicated or sold to the public including, but not limited to: curbs, gutters, sidewalks, 4808 median islands, street trees, fire hydrants, utility poles, refuse areas, freestanding 4809 lighting fixtures, utility junction boxes, public utility transformers, etc., along the full 4810 property frontage. The finished floor elevations for each floor of proposed and existing 4811 (to remain) structures shall be shown. 4812 23. Definitions W: 4813 Wetland Report/Delineation: 4814 4815 4816 4817 A wetland re ort/delineation includes 4818 the following: `ow City of Renton Sensitive Ads Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 157 4819 [Editor's Note: the following italicized sections are formerly part of 4-3-110.L.4.] 4820 a. A description of the project and maps at a scale no smaller than one inch equals two 4821 hundred feet(1"= 200) showing the entire parcel of land owned by the applicant and the 4822 wetland boundary surveyed by a qualified wetlands ecologist, and pursuant to RMC 4-3- 4823 050.M.3; 4824 b. A description of the vegetative cover of the wetland and adjacent area including 4825 identification of the dominant plant and animal species; 4826 c. A site plan for the proposed activity at a scale no smaller than one inch equals two 4827 hundred feet(1"= 200) showing the location, width, depth and length of all existing and 4828 proposed structures, roads, stormwater management facilities, sewage treatment and 4829 installations within the wetland and its buffer; 4830 d. The exact locations and specifications for all activities associated with site 4831 development including the type, extent and method of operations; 4832 e. Elevations of the site and adjacent lands within the wetland and its buffer at contour 4833 intervals of no greater than five feet(5) or at a contour interval appropriate to the site 4834 topography and acceptable to the City; 4835 f. Top view and typical cross-section views of the wetland and its buffer to scale; 4836 g. The purposes of the project and, if a variance is being requested, an explanation of 4837 why the proposed activity cannot be located at another site; 4838 h. If wetland mitigation is proposed, a mitigation plan which includes baseline 4839 information, environmental goals and objectives, performance standards, construction 4840 plans, a monitoring program and a contingency plan. 4841 i. Alternative Methods of Development: If wetland changes are proposed, the applicant 4842 shall evaluate alternative methods of developing the property using the following criteria 4843 in this order: 4844 • Avoid any disturbances to the wetland or buffer; 4845 • Minimize any wetland or buffer impacts; 4846 • Compensate for any wetland or buffer impacts; 4847 • Restore any wetlands or buffer impacted or lost temporarily; and 4848 • Create new wetlands and buffers for those lost. 4849 • In addition to restoring a wetland or creating a wetland, enhance an existing 4850 degraded wetland to compensate for lost functions and values. 4851 This evaluation shall be submitted to the Department Administrator. Any proposed 4852 alteration of wetlands shall be evaluated by the Department Administrator using the '41 City of Renton Sensitive Area rdinance— Public Draft#1 `arif October 25, 1999 RMC 4-8-120 RMC Page 158 4853 above hierarchy. 4854 j. Such other information as may be needed by the City, including but not limited to 4855 an assessment of wetland functional characteristics, including a discussion of the 4856 methodology used; a study of hazards if present on site, the effect of any protective 4857 measures that might be taken to reduce such hazards; and any other information 4858 deemed necessary to verify compliance with the provisions of this section. 4859 Wetland Mitigation Plan - Preliminary: A preliminary wetland mitigation plan shall 4860 include the following: 4861 a. A conceptual site plan demonstrating sufficient area for replacement ratios; 4862 b. Proposed planting scheme for created, restored, and enhanced wetlands; 4863 c. Written report consistent with Final Wetland Mitigation Plan requirements 4864 regarding Baseline Information, Environmental Goals and Objectives, and 4865 Performance Standards. 4866 [Editor's Note: The following italicized sections were formerly RMC 4-3- 4867 110.M.12.c.i., 12.c.ii., 12.d., 12.e., 12.f., 12.g., 12.h., and 12.i.] 4868 Wetland Mitigation Plan - Final: A final wetland mitigation plan shall include: 4869 a. Baseline Information: A written assessment and accompanying maps of the 4870 impacted wetland including, at a minimum, a wetland delineation by a qualified wetland 4871 specialist; existing wetland acreage; vegetative, faunal and hydrologic characteristics; 4872 soil and substrata conditions; topographic elevations and compensation site. If the 4873 mitigation site is different from the impacted wetland site, the assessment should include 4874 at a minimum: existing acreage; vegetative, faunal and hydrologic conditions; 4875 relationship within the watershed and to existing waterbodies; soil and substrata 4876 conditions, topographic elevations; existing and proposed adjacent site conditions; 4877 buffers;and ownership. 4878 b. Environmental Goals and Objectives: A written report by a qualified wetland 4879 specialist shall be provided identifying goals and objectives of the mitigation plan and 4880 describing: 4881 i. The purposes of the compensation measures including a description of site 4882 selection criteria, identification of compensation goals; identification of target 4883 evaluation species and resource functions, dates for beginning and completion, 4884 and a complete description of the structure and functional relationships sought in 4885 the new wetland. The goals and objectives shall be related to the functions and 4886 values of the original wetland or if out-of-kind, the type of wetland to be emulated; 4887 and 4888 ii. A review of the available literature and/or experience to date in restoring or 4889 creating the type of wetland proposed shall be provided. An analysis of the 4890 likelihood of success of the compensation project at duplicating the original '"" City of Renton Sensitive PAP& Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 159 4891 wetland shall be provided based on the experiences of comparable projects, 4892 preferably those in the same drainage basins, if any. An analysis of the 4893 likelihood of persistence of the created or restored wetland shall be provided 4894 based on such factors as surface and ground water supply and flow patterns, 4895 dynamics of the wetland ecosystem;sediment or pollutant influx and/or erosion, 4896 periodic flooding and drought, etc., presence of invasive flora or fauna, potential 4897 human or animal disturbance, and previous comparable projects, if any. 4898 c. Performance Standards: Specific criteria shall be provided for evaluating whether 4899 or not the goals and objectives of the project are achieved and for beginning remedial 4900 action or contingency measures. Such criteria may include water quality standards, 4901 survival rates of planted vegetation, species abundance and diversity targets, habitat 4902 diversity indices, or other ecological, geological or hydrological criteria. These criteria 4903 will be evaluated and reported pursuant to subsection e below, Monitoring Program. An 4904 assessment of the project's success in achieving the goals and objectives of the 4905 mitigation plan should be included along with an evaluation of the need for remedial 4906 action or contingency measures. 4907 d. Detailed Techniques and Plans: Written specifications and descriptions of 4908 compensation techniques shall be provided including the proposed construction 4909 sequence, grading and excavation details, erosion and sediment control features 4910 needed for wetland construction and long-term survival, a planting plan specifying plant 4911 species, quantities, locations, size, spacing, and density;source of plant materials, 4912 propagates, or seeds; water and nutrient requirements for planting; where appropriate, 4913 measures to protect plants from predation; specification of substrata stockpiling 4914 techniques and planting instructions;descriptions of water control structures and water- 4915 level maintenance practices needed to achieve the necessary hydroperiod 4916 characteristics; etc. These written specifications shall be accompanied by detailed site 4917 diagrams, scaled cross-sectional drawings, topographic maps showing slope 4918 percentage and final grade elevations, and any other drawings appropriate to show 4919 construction techniques or anticipated final outcome. The plan shall provide for 4920 elevations which are appropriate for the desired habitat type(s) and which provide 4921 sufficient hydrologic data. The City may request such other information as needed to 4922 determine the adequacy of a mitigation plan. 4923 e. Monitoring Program: A program outlining the approach for monitoring construction 4924 and development of the compensation project and for assessing a completed project 4925 shall be provided in the mitigation plan. Monitoring may include, but is not limited to: 4926 i. Establishing vegetation plots to track changes in plant species composition 4927 and density over time; 4928 ii. Using photo stations to evaluate vegetation community response; 4929 iii. Sampling surface and subsurface waters to determine pollutant loading, and 4930 changes from the natural variability of background conditions (pH, nutrients, 4931 heavy metals); 4932 iv. Measuring base flow rates and storm water runoff to model and evaluate City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-8-120 RMC Page 160 4933 hydrologic and water quality predictions; 4934 v. Measuring sedimentation rates; and 4935 vi. Sampling fish and wildlife populations to determine habitat utilization, species 4936 abundance and diversity. 4937 vii. A description shall be included outlining how the monitoring data will be 4938 evaluated by agencies that are tracking the progress of the compensation 4939 project. A monitoring report shall be submitted quarterly for the first year and 4940 annually thereafter, and at a minimum, should document milestones, successes, 4941 problems, and contingency actions of the compensation project. The 4942 compensation project shall be monitored for a period necessary to establish that 4943 performance standards have been met, but not for a period less than five (5) 4944 years. 4945 f. Contingency Plan: Identification of potential courses of action, and any corrective 4946 measures to be taken when monitoring or evaluation indicates project performance 4947 standards are not being met. 4948 g. Permit Conditions: Any compensation project prepared for mitigation pursuant to 4949 RMC 4-3-050.M. and approved by the City shall become part of the application for 4950 project approval. 4951 h. Demonstration of Competence: A demonstration of financial resources, 4952 administrative, supervisory, and technical competence and scientific expertise of 4953 sufficient standing to successfully execute the compensation project shall be provided. 4954 A compensation project manager shall be named and the qualifications of each team 4955 member involved in preparing the mitigation plan and implementing and supervising the 4956 project shall be provided, including educational background and areas of expertise, 4957 training and experience with comparable projects. 4958 4959 `.• "rase w rn0 � z � x O) XI xi xi xi xi xi xi -4. 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Q W L c E a) E ` O U C U i- !A 70 O U .c -0-c N c O y p •E O O w m gi N �, c 0. 3 7 N a)h O` a) a) > 7 41 o in (c) U L O U C a) o r= U G (� W O C O O w (n L o > > 2 o C U U O C O O N O o (q 0 0 0 (a o0 d ce .� ,c -o : Uom (na) 3 c a cocN Ow o_ E (n :: ca) oE . co a iri 6 rn0Ln a) 2 (0 � rn N- a) L aNN a) U a L co p 102 w C (0 C L cn co a) L a) C 'a^) vJ C 0 Na) LL 45 U a� a (1) b a� w b • A (1) (i) • Y • .b • I�1 M *so City of Renton Sensitive Arm Ordinance—Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 167 4964 4-9-070 ENVIRONMENTAL REVIEW PROCEDURES: 4965 A. PURPOSE: 4966 [Editor's Note: The following italicized section is formerly RMC 4-3-050.A.] 4967 The City, recognizing that man depends on his biological and physical surroundings for food, 4968 shelter and other needs, and for cultural enrichment as well, and recognizing further the 4969 profound impact of man's activity on the interrelations of all components of the natural 4970 environment, particularly the profound influences of population growth, high density 4971 urbanization, industrial expansions, resource utilization and exploitation and new and 4972 expanding technological advances, and recognizing further the critical importance of 4973 restoring and maintaining environmental quality to the overall welfare and development of 4974 man, declares that it is the continuing policy of the City, in cooperation with Federal, State 4975 and other local governments and in cooperation with other concerned public and private 4976 organizations, to use all practicable means and measures in a manner calculated to foster 4977 and promote the general welfare, to create and maintain conditions under which man and 4978 nature can exist in productive harmony, and fulfill the social, economic and other 4979 requirements of present and future generations of Washington citizens. 4980 In order to carry out the policy set forth in this section, it is the continuing responsibility of the 4981 City to use all practicable means, consistent with other essential considerations of State and 4982 City policies, to improve and coordinate plans, functions, programs and resources to the end 4983 that the State and its citizens may: 4984 1. Fulfill the responsibilities of each generation as trustees of the environment for 4985 succeeding generations; 4986 2. Assure for all people of Washington safe, healthful, productive and aesthetically 4987 and culturally pleasing surroundings; 4988 3. Attain the widest range of beneficial uses of the environment without degradation, 4989 risk to health or safety, or other undesirable and unintended consequences; 4990 4. Preserve important historic, cultural and natural aspects of our national heritage; 4991 5. Maintain, wherever possible, an environment which supports diversity and variety 4992 of individual choice; 4993 6. Achieve a balance between population and resource use which will permit high 4994 standards of living and a wide sharing of life's amenities; and 4995 7. Enhance the quality of renewable resources and approach the maximum attainable 4996 recycling of depletable resources. 4997 The City recognizes that each person has a fundamental and inalienable right to a healthful 4998 environment and that each person has a responsibility to contribute to the preservation and 4999 enhancement of the environment. [Editor's note : formerly 4-3-050.A] 5000 B. APPLICABILITY: 5001 This part contains the basic requirements that apply to the State Environmental Policy Act 5002 (SEPA) process and sets forth methods and procedures which will insure that presently loot City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 168 5003 unquantified environmental amenities and values will be given appropriate consideration in 5004 decision making along with economic and technical considerations. To the fullest extent 5005 possible, the City will utilize a systematic, interdisciplinary approach which will insure the 5006 integrated use of the natural and social sciences and the environmental design arts in 5007 planning and in decision making which may have an impact on man's environment. The 5008 policies and goals set forth in this section are supplementary to those set forth in existing 5009 authorizations of the State and City. 5010 1. Exemptions: (Reserved) 5011 C. INTERPRETATION: 5012 To the fullest extent possible, the policies, regulations and laws of the State of Washington 5013 and of the City shall be interpreted and administered in accordance with the policies set forth 5014 in this Title. 5015 D. GENERAL STATE REQUIREMENTS—ADOPTION BY REFERENCE: 5016 The City of Renton adopts as its own the policies and objectives of the State Environmental 5017 Policy Act of 1971, as amended (chapter 43.21C RCW). The City of Renton adopts the 5018 following sections of chapter 197-11 WAC by reference: 5019 WAC 5020 197-11-040 Definitions. 5021 197-11-050 Lead agency. 5022 197-11-055 Timing of the SEPA process. 5023 197-11-060 Content of environmental review. 5024 197-11-070 Limitations on actions during SEPA process. 5025 197-11-080 Incomplete or unavailable information. 5026 197-11-090 Supporting documents. 5027 197-11-100 Information required of applicants. 5028 E. AUTHORITY FOR THIS SECTION: 5029 The City of Renton adopts this section under the State Environmental Policy Act (SEPA), 5030 RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This RMC contains this City's 5031 SEPA procedures and policies. The SEPA rules, chapter 197-11 WAC, must be used in 5032 conjunction with this section. The City of Renton possesses the authority to deny or condition 5033 actions in order to mitigate or prevent probable significant adverse environmental impacts. 5034 This authority applies to all City activities including actions as defined in this section, whether 5035 or not such activities are considered to be ministerial in nature. 5036 F. LEAD AGENCY AUTHORITY: 5037 1. Adoption by Reference: The City adopts the following sections by reference, as 5038 supplemented by WAC 173-806-050 and 173-806-053 and this part: 5039 WAC 5040 197-11-900 Purpose of this part. 5041 197-11-902 Agency SEPA policies. 5042 197-11-916 Application to ongoing actions. "w City of Renton Sensitive Area Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 169 5043 197-11-920 Agencies with environmental expertise. 5044 197-11-922 Lead agency rules. 5045 197-11-924 Determining the lead agency. 5046 197-11-926 Lead agency for governmental proposals. 5047 197-11-928 Lead agency for public and private proposals. 5048 197-11-930 Lead agency for private projects with one agency with jurisdiction. 5049 197-11-932 Lead agency for private projects requiring licenses from more than one 5050 agency, when one of the agencies is a county/city. 5051 197-11-934 Lead agency for private projects requiring licenses from a local 5052 agency, not a county/city, and one or more state agencies. 5053 197-11-936 Lead agency for private projects requiring licenses from more than one 5054 state agency. 5055 197-11-938 Lead agencies for specific proposals. 5056 197-11-940 Transfer of lead agency status to a state agency. 5057 197-11-942 Agreements on lead agency status. 5058 197-11-944 Agreements on division of lead agency duties. 5059 197-11-946 DOE resolution of lead agency disputes. 5060 197-11-948 Assumption of lead agency status. 5061 2. Determination of Lead Agency: The department within the City receiving an 5062 application for or initiating a proposal that involves a nonexempt action shall 5063 determine when the City is the lead agency for that proposal under WAC 197-11-940 5064 and 197-11-922 through 197-11-940; unless the lead agency has been previously 5065 determined or the department is aware that another department or agency is in the 5066 process of determining the lead agency. Any department making a lead agency 5067 determination for a private project shall require sufficient information from the 5068 applicant to identify which other agencies have jurisdiction over the proposal. 5069 3. Lead Agency Agreements: The Environmental Review Committee is authorized to 5070 make agreements as to the lead agency status or shared lead agency duties for a 5071 proposal under WAC 197-11-942 and 197-11-944; provided, that the Environmental 5072 Review Committee and any department that will incur responsibilities as the result of 5073 such agreement approved the agreement. 5074 4. Effect of Other Agency's Threshold Determinations on City Project Review: When 5075 the City is not the lead agency for a proposal, all departments of the City shall use 5076 and consider, as appropriate, either the determination of nonsignificance (DNS) or the 5077 final environmental impact statement (EIS)of the lead agency in making decisions on 5078 the proposal. The Environmental Review Committee shall not prepare or require 5079 preparation of a DNS or EIS in addition to that prepared by the lead agency, unless 5080 required under WAC 197-11-600. In some cases, the City may conduct supplemental 5081 environmental review under WAC 197-11-600. 5082 5. City Objections to Determinations of Other Lead Agency: If the City or any of its 5083 departments receives a lead agency determination made by another agency that 5084 appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may 5085 object to the determination. Any objection must be made to the agency originally City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 170 5086 making the determination and resolved within fifteen (15) days of receipt of the 5087 determination, or the City must petition the Department of Ecology for a lead agency 5088 determination under WAC 197-11-946 within the fifteen (15) day time period. Any 5089 such petition on behalf of the City may be initiated by the Environmental Review 5090 Committee. 5091 G. SEPA RESPONSIBLE OFFICIAL AUTHORITY: 5092 1. Official Designated: For those proposals for which the City is the lead agency, the 5093 responsible official shall be the Environmental Review Committee. The Environmental 5094 Review Committee shall make the threshold determination, supervise scoping and 5095 preparations of any required environmental impact statement (EIS), and perform any 5096 other functions assigned to the"lead agency" or"responsible official" by section so 5097 the SEPA rules that were adopted by reference in WAC 173-806-020. (Ord. 4522) 5098 The Environmental Review Committee shall consist of three (3) officials designated 5099 by the Mayor with concurrence by the City Council. 5100 2. Duties of Responsible Official: For all proposals for which the City is the lead 5101 agency, the Environmental Review Committee shall make the threshold 5102 determination, supervise scoping and preparations of any required environmental 5103 impact statement(EIS), and perform any other functions assigned to the "lead 5104 agency" or"responsible official" by those sections of the SEPA rules that were 5105 adopted by reference in WAC 173-806-020. (Ord. 3891, 2-25-1985) In those 5106 instances in which the City is the lead agency, the Environmental Review Committee 5107 shall supervise compliance with the threshold determination and, if an EIS is 5108 necessary, shall supervise preparation of the draft and final EIS. (Ord. 3891, 2-25- 5109 1985)The Environmental Review Committee may develop further administrative and 5110 procedural guidelines for the administration by the responsible official of the 5111 provisions of this Chapter. 5112 3. Consultation Requests: The Environmental Review Committee, or its designate, 5113 shall be responsible for preparation of written comments for the City in response to a 5114 consultation request prior to a threshold determination, participation in scoping, and 5115 reviewing a DEIS. The Environmental Review Committee, or its designate, shall be 5116 responsible for the City compliance with WAC 197-11-550 whenever the City is a 5117 consulted agency and is authorized to develop operating procedures that will ensure 5118 that responses to consultation requests are prepared in a timely fashion and include 5119 data from all appropriate departments of the City. 5120 H. OTHER AUTHORITY: 5121 1. Hydraulic Projects: For those proposals requiring a hydraulic project approval 5122 under RCW 75.20.100, the State Department of Fish and Wildlife shall be considered 5123 an agency with jurisdiction. 5124 2. Successor Agencies: If a specific agency has been named in these rules, and the 5125 functions of that agency have changed or been transferred to another agency, the 5126 term shall mean any successor agency. 5127 I. CATEGORICAL EXEMPTIONS: 5128 1. Adoption by Reference: The City adopts the following sections by reference, as 5129 supplemental in this part: WAC 197-11-300, Purpose of this part; and 197-11-305, 5130 Categorical exemptions. The City adopts by reference the following rules for 5131 categorical exemptions, as supplemented in this section, including WAC 173-806-070 5132 (Flexible thresholds), 173-806-080 (Use of exemptions), and 173-806-190 City of Renton Sensitive Area Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 171 5133 (Environmentally sensitive areas): 5134 WAC 5135 197-11-800 Categorical exemptions. 5136 197-11-880 Emergencies. 5137 197-11-890 Petitioning DOE to change exemptions. 5138 2. Local Modifications to State Categorical Exemptions: The City of Renton 5139 establishes the following exempt levels for minor new construction under WAC 197- 5140 11-800 (A)(b) based on local conditions. Whenever the City establishes new exempt 5141 levels under this section, it shall send them to the Department of Ecology, 5142 Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). 5143 a. For landfills and excavations in WAC 197-11-800(a)(b)(v): Up to five 5144 hundred (500) cubic yards. 5145 3. Exemption Decision Authority: Each department within the City that receives an 5146 application for a license or, in the case of governmental proposals, the department 5147 initiating the proposal shall determine whether the license and/or the proposal is 5148 exempt. The department's determination that a proposal is exempt shall be final and 5149 not subject to administrative review. 5150 4. Proposal Description: In determining whether or not a proposal is exempt, the 5151 department shall make certain the proposal is properly defined and shall identify the 5152 governmental licenses required (WAC 197-11-060). 5153 5. Review Criteria: A department which is determining whether or not a proposal is 5154 exempt shall ascertain the total scope of the proposal and the governmental licenses 5155 required. if a proposal includes a series of actions, physically or functionally related to 5156 each other, some of which are exempt and some which are not, the proposal is not 5157 exempt. For any such proposal, the lead agency shall be determined, even if the 5158 license application which triggers the department's consideration is otherwise 5159 exempt. If the lead agency is the City, then the responsible official shall be 5160 designated as defined in subsection G of this section. 5161 6. Proposals Which Include Exempt and Nonexempt Actions: If a proposal includes 5162 both exempt and nonexempt actions, exempt actions may be authorized with respect 5163 to the proposal prior to the compliance with the procedural requirements of these 5164 guidelines except that: 5165 a. Ineligible for Exemption: The City shall not give authorization for: 5166 i. Any nonexempt action; 5167 ii. Any action that would have an adverse environmental impact; 5168 iii. Any action that would limit the choice of alternatives; or 5169 iv. Any action that will irrevocably commit the City to approve or 5170 authorize a major action. 5171 b. Denial Authorized: A department may withhold approval of an exempt 5172 action that would lead to modification of the physical environment, when such 5173 modification would serve no purpose if nonexempt action(s) were not 5174 approved; and a department may withhold approval of exempt actions that 5175 would lead to substantial financial expenditures by a private applicant when 5176 the expenditures would serve no purpose if nonexempt action(s)were not City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 172 5177 approved. 5178 7. Timing for Decisions Relating to Categorical Exemptions: Identification of 5179 categorical exempt actions shall occur within ten (10) days of submission of an 5180 adequate and complete application. 5181 8. Effect of Exemption: If a proposal is exempt, none of the procedural requirements 5182 of this section apply to the proposal. The City shall not require completion of an 5183 environmental checklist for an exempt proposal. 5184 J. ENVIRONMENTALLY SENSITIVE AREAS/INAPPLICABLE EXEMPTIONS 5185 [Editor's Note: The following italicized sections are formerly Sections 4-3-050.B., C., ands 5186 D.] 5187 1. Maps Depicting Environmentally Sensitive Areas and Sensitive Area 5188 Designation: 5189 a. Maps Adopted by Reference: The map(s) under Ordinance No. 3891 5190 designate the location of environmentally sensitive areas within the City and 5191 are adopted by reference. These include greenbelts designated in the 5192 Comprehensive Plan, conservancy and natural environments of the Shoreline 5193 Master Program and the one hundred(100) year floodway mapped under the 5194 Federal Flood Insurance Program. (Ord. 3891, 2-25-1985) 5195 b. Sensitive Areas Designated: Wetlands as mapped and identified in the City 5196 Critical Areas Inventory of Wetlands are designated as environmentally 5197 sensitive areas pursuant to the State Environmental Policy Act, WAC 197-11- 5198 908. (Ord. 4346, 3-9-1992) 5199 2. Inapplicable State Environmental Policy Act(SEPA) Exemptions: 5200 a. General: Certain exemptions do not apply on lands covered by water, and 5201 this remains true regardless of whether or not lands covered by water are 5202 mapped. 5203 b. Environmentally Sensitive Areas: For each environmentally sensitive area, 5204 the exemptions within WAC 197-11-800 that are inapplicable for that area are: 5205 WAC 197-11-800(1) 5206 WAC 197-11-800(2)(d, e, g) 5207 WAC 197-11-800(6)(a) 5208 WAC 197-11-800(24)(a, b, c, d, f, g) 5209 WAC 197-11-800(25)(f, h) 5210 (Ord. 3891, 2-25-1985) 5211 c. Wetlands: The following SEPA categorical exemptions shall not apply to 5212 wetlands: 5213 WAC 197-11-800(1) 5214 WAC 197-11-800(2) 5215 WAC 197-11-800(3) 5216 WAC 197-11-800(4) City of Renton Sensitive Ares Ordinance—Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 173 5217 WAC 197-11-800(6) 5218 WAC 197-11-800(8) 5219 WAC 197-11-800(25) 5220 (Ord. 4346, 3-9-1992) 5221 Unidentified exemptions shall continue to apply within environmentally 5222 sensitive areas of the City. 5223 3. Threshold Determinations for Proposals Located within Environmentally 5224 Sensitive Areas: The City shall treat proposals located wholly or partially within an 5225 environmentally sensitive area no differently than other proposals under this section, 5226 making a threshold determination for all such proposals. The City shall not 5227 automatically require an EIS for a proposal merely because it is proposed for location 5228 in an environmentally sensitive area. (Ord. 3891, 2-25-1985) 5229 5230 Kd. ENVIRONMENTAL CHECKLIST: 5231 1.When Required: A completed environmental checklist(or a copy), in the form 5232 provided in WAC 197-11-960, shall be filed at the same time as an application for a 5233 permit, license, certificate, or other approval not specifically exempted in this section; 5234 except, a checklist is not needed if the Environmental Review Committee and 5235 applicant agree an EIS is required, SEPA compliance has been completed, or SEPA 5236 compliance has been initiated by another agency. 5237 2. Use of Checklist to Determine Lead Agency and Threshold Determination: The 5238 department within the City receiving the application or initiating the action shall use 5239 the environmental checklist to determine the lead agency. If the City is the lead 5240 agency, the Environmental Review Committee shall use the environmental checklist 5241 for making the threshold determination. 5242 3. Checklist Preparation Process for Private Proposals: For private proposals, the 5243 department within the City receiving the application will require the applicant to 5244 complete the environmental checklist, providing assistance as necessary. The 5245 Environmental Review Committee may require that it, and not the private applicant, 5246 will complete all or part of the environmental checklist for a private proposal, if either 5247 of the following occurs: 5248 a. The City has technical information on a question or questions that is unavailable to 5249 the private applicant; or 5250 b. The applicant has provided inaccurate information on previous proposals or on 5251 proposals currently under consideration. 5252 4. Checklist Preparation Process for City Proposals: For City proposals, the 5253 department initiating the proposal shall complete the environmental checklist for that 5254 proposal. 5255 5. Optional Environmental Review Prior to Preparation of Detailed Plans and 5256 Specifications: If the City's only action on a proposal is a decision on a building permit 5257 or other license that requires detailed project plans and specifications, the applicant 5258 may request in writing that the Environmental Review Committee conduct an 5259 environmental review prior to submission of detailed plans specification. A completed 5260 environmental checklist shall be submitted along with the appropriate environmental 5261 fees. The Environmental Review Committee may require specific detailed information 5262 at any time. 4110 City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 174 5263 LK. THRESHOLD DETERMINATION PROCESS: 5264 This part contains rules for evaluating the impacts of the proposals not requiring an 5265 environmental impact statement(EIS). 5266 1. Adoption by Reference: The City adopts the following sections by reference, as 5267 supplemental in this part: 5268 WAC 5269 197-11-310 Threshold determination required. 5270 197-11-315 Environmental checklist. 5271 197-11-330 Threshold determination process. 5272 197-11-335 Additional information. 5273 197-11-340 Determination of nonsignificance (DNS). 5274 197-11-350 Mitigated DNS. 5275 197-11-355 Optional DNS process. (Ord. 4725, 5-18-1998) 5276 197-11-360 Determination of significance (DS)/initiation of scoping. 5277 197-11-390 Effect of threshold determination. (Ord. 3891, 2-25-1985) 5278 2. Identification of Impacts: As much as possible, the Environmental Review 5279 Committee should assist the applicant with identification of impacts to the extent 5280 necessary to formulate mitigation measures. 5281 3. Time Limits for Issuing Threshold Determinations: The following time limits 5282 (expressed in calendar days) shall apply to the processing of all private projects and 5283 to those governmental proposals submitted to this City by other agencies: 5284 a. Threshold Determinations When No Additional Information Is Required: 5285 Threshold determinations not requiring further information from the applicant 5286 or consultation with agencies with jurisdiction should be completed within 5287 fifteen (15) days of submission of an adequate application and the completed 5288 checklist. 5289 b. Threshold Determinations When Additional Information Is Required: 5290 Threshold determinations requiring further information from the applicant or 5291 consultation with other agencies with jurisdiction should be completed within 5292 twenty (20) days of receiving the requested information from the applicant or 5293 the consulted agency; requests by the City for such further information should 5294 be made within twenty (20) days of the submission of an adequate application 5295 and completed checklist; when a request for further information is submitted to 5296 a consulted agency, the City shall wait a maximum of thirty (30) days for the 5297 consulted agency to respond. Threshold determinations which require that 5298 further studies including, but not limited to, field investigations be initiated by 5299 the City should be completed within thirty (30) days of submission of an 5300 adequate application and the completed checklist. 5301 c. Threshold Determinations When Applicant Recommends Preparation of an 5302 Environmental Impact Statement: Threshold determinations on actions where 5303 the applicant recommends in writing that an EIS be prepared, because of the 5304 probable significant adverse environmental impacts described in the 5305 application, shall be completed within twenty (20) days of submission of an City of Renton Sensitive Ares Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 175 5306 adequate application and the completed checklist. 5307 4. Written Notice to Applicant When Requested: When a threshold determination is 5308 expected to require more than twenty(20)days to complete and a private applicant 5309 requests notification of the date when a threshold determination will be made, the 5310 Environmental Review Committee or its agent shall transmit to the private applicant a 5311 written statement as to the expected date of decision. 5312 5. Mitigated DNS Authorized: As provided in this section and in WAC 197-11-350, the 5313 Environmental Review Committee may issue a DNS based on changes to, or 5314 clarification of, the proposal made by the applicant. 5315 6. Decision to Be Based Upon Applicant's Changed Proposal: When an applicant 5316 submits a changed or clarified proposal, along with a revised or amended 5317 environmental checklist, the Environmental Review Committee shall base its 5318 threshold determination on the changed or clarified proposal and should make the 5319 determination within twenty (20) days of receiving the changed or clarified proposal. 5320 7. DNS Authorized: If the Environmental Review Committee indicated specific 5321 mitigation measures in its response to the request for early notice, and the applicant 5322 changed or clarified the proposal to include those specific mitigation measures, the 5323 Environmental Review Committee shall issue and circulate a DNS under WAC 197- 5324 11-340(2). 5325 8. DNS or DS Authorized: If the Environmental Review Committee indicated areas of 5326 concern, but did not indicate specific mitigation measures that would allow it to issue 5327 a DNS, the Environmental Review Committee shall make the threshold determination, 5328 issuing a DNS or DS as appropriate. 5329 9. Required Level of Specificity for Proposed Mitigation Measures: The applicant's 5330 proposed mitigation measures (clarifications, changes or conditions) must be in 5331 writing and must be specific. For example, proposals to"control noise" or"prevent 5332 stormwater runoff' are inadequate, whereas proposals to"muffle machinery to X 5333 decibel" or"construct two hundred foot(200') stormwater retention pond at Y location" 5334 are adequate. 5335 10. Incorporation of Mitigation Measures into DNS: Mitigation measures which justify 5336 issuance of a mitigated DNS may be incorporated in the DNS by reference to agency 5337 staff reports, studies or other documents. 5338 11. Public Comment and Notice Period for Mitigated DNS: A mitigated DNS (MDNS) 5339 is issued under WAC 197-11-340(2), requiring a fifteen (15) day comment period and 5340 public notice. 5341 12. DNS Required to Accompany Staff Recommendation: For nonexempt proposals, 5342 the DNS for the proposal shall accompany the City's staff recommendation to the 5343 Hearing Examiner or other appropriate advisory body, such as the Planning 5344 Commission. 5345 13. Effect and Enforcement of Mitigation Measures: Mitigation measures incorporated 5346 in the mitigated DNS shall be deemed conditions of approval of the permit decision 5347 and may be enforced in the same manner as any term or condition of the permit, or 5348 enforced in any manner specifically prescribed by the City. 5349 14. Effect of MDNS: The Environmental Review Committee's written response under 5350 this section (DNS) shall not be construed as a determination of significance. In 5351 addition, preliminary discussion of clarifications or changes to a proposal, as opposed Nart City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 176 5352 to a written request for early notice, shall not bind the Environmental Review 5353 Committee to consider the clarification or changes in its threshold determination. 5354 15. Request for Early Notice— Likelihood of Determination of Significance (DS): 5355 a. Timing for Request: An applicant may request in writing early notice of 5356 whether a DS is likely under WAC 197-11-350. The request must: 5357 i. Follow submission of an environmental checklist for a nonexempt 5358 proposal for which the City is lead agency; and 5359 ii. Precede the City's actual threshold determination for proposal. 5360 b. Timing for City Response: The Environmental Review Committee should 5361 respond to the request for early notice within fifteen (15)working days. The 5362 response shall: 5363 i. Be written; 5364 ii. State whether the Environmental Review Committee currently 5365 considers issuance of a DS likely and, if so, indicate the general or 5366 specific area(s) of concern that is/are leading the Environmental 5367 Review Committee to consider a DS; and 5368 iii. State that the applicant may change or clarify the proposal to 5369 mitigate the indicated impacts, revising the environmental checklist 5370 and/or permit application as necessary to reflect the changes or 5371 clarifications. 5372 ML. ENVIRONMENTAL IMPACT STATEMENTS (EIS): 5373 1. Purposes of This RMC: This part contains the rules for deciding whether a proposal 5374 has a "probable significant, adverse environmental impact" requiring an 5375 environmental impact statement (EIS)to be prepared and contains the rules for 5376 preparing environmental impact statements. 5377 2. Adoption by Reference: The City adopts the following sections by reference, as 5378 supplemented by this part: 5379 WAC 5380 197-11-400 Purpose of EIS. 5381 197-11-402 General requirements. 5382 197-11-405 EIS types. 5383 197-11-406 EIS timing. 5384 197-11-408 Scoping. 5385 197-11-410 Expanded scoping (Optional). 5386 197-11-420 EIS preparation. 5387 197-11-425 Style and size. 5388 197-11-430 Format. 5389 197-11-440 EIS contents. 5390 197-11-442 Contents of EIS on nonproject proposal. 5391 197-11-443 EIS contents when prior nonproject EIS. City of Renton Sensitive Are% Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 177 5392 197-11-444 Elements of the environment. 5393 197-11-448 Relationship of EIS to other considerations. 5394 197-11-450 Cost-benefit analysis. 5395 197-11-455 Issuance of DEIS. 5396 197-11-460 Issuance of FEIS. 5397 3. Final EIS Required to Accompany Staff Recommendation: For nonexempt 5398 proposals, the Final EIS for the proposal shall accompany the City's staff 5399 recommendation to the Hearing Examiner or other appropriate advisory body, such 5400 as the Planning Commission. 5401 4. Responsibility of Environmental Review Committee: Preparation of draft and final 5402 EIS (DEIS and FEIS)and draft and final supplemental EISs (SEIS) is the 5403 responsibility of the Environmental Review Committee. Before the City issues an EIS, 5404 the Environmental Review Committee shall be satisfied that it complies with this 5405 section and chapter 197-11 WAC. 5406 5. Responsibility for Preparation of Environmental Impact Statement: The 5407 DEIS and FEIS or draft and final SEIS shall be prepared by the City staff, the 5408 applicant, or by a consultant selected by the City through its consultant 5409 selection process. If the Environmental Review Committee requires an EIS for 5410 a proposal and determines that someone other than the City will prepare the 5411 EIS, the Environmental Review Committee shall notify the applicant 5412 immediately after completion of the threshold determination. The 5413 Environmental Review Committee shall also notify the applicant of the City's 5414 procedure for EIS preparation, including approval of the DEIS and FEIS prior 5415 to distribution. 5416 6. Information Required of Applicant: The City may require an applicant to provide 5417 information the City does not possess, including, but not limited to, specific 5418 investigations. However, the applicant is not required to supply information that is not 5419 required under this section or that is being requested from another agency. (This 5420 does not apply to information the City may request under another ordinance or 5421 statute.) 5422 7. Environmental Review Committee Not Required to Consider Inadequate 5423 Information: The Environmental Review Committee may refuse to process and 5424 consider a private application further if the applicant fails or refuses to provide 5425 information required for the preparation of an adequate EIS. 5426 8. Additional Elements to Be Covered in an EIS: The Environmental Review 5427 Committee may require the following additional elements as part of the environment 5428 for the purpose of EIS content, but these elements do not add to the criteria for 5429 threshold determination or perform any other function or purpose under this section. 5430 a. Economics, including the effects on both the public and private sector, 5431 b. Cultural factors, 5432 c. Quality of life, 5433 d. Neighborhood cohesion, 5434 e. Sociological factors, and 5435 f. Image of the City. (Ord. 3891, 2-25-1985) City of Renton Sensitive AreOrdinance— Public Draft#1 *go October 25, 1999 RMC 4-9-070 RMC Page 178 5436 NM. RECONSIDERATIONS: (Reserved) 5437 ON. SEPA SUBSTANTIVE AUTHORITY: 5438 This part contains rules (and policies)for SEPA's substantive authority, such as decisions to 5439 mitigate or reject proposals as a result of SEPA. 5440 1. Adoption by Reference: The City adopts the following sections by reference: 5441 WAC 5442 197-11-650 Purpose of this part. 5443 197-11-655 Implementation. 5444 197-11-660 Substantive authority and mitigation. 5445 197-11-680 Appeals. 5446 2. Basis for Substantive Authority: The City designates and adopts by reference the 5447 following policies as the basis for the City exercise of authority pursuant to this 5448 section: 5449 a. The City shall use all practicable means, consistent with other essential 5450 considerations of State policy, to improve and coordinate plans, functions, 5451 programs, and resources to the end that the State and its citizens may: 5452 i. Fulfill the responsibilities of each generation as trustee of the 5453 environment for succeeding generations; 5454 ii. Assure for all people of Washington safe, healthful, productive, and 5455 aesthetically and culturally pleasing surroundings; 5456 iii. Attain the widest range of beneficial uses of the environment without 5457 degradation, risk to health or safety, or other undesirable and 5458 unintended consequences; 5459 iv. Preserve important historic, cultural, and natural aspects of our 5460 national heritage; 5461 v. Maintain, wherever possible, an environment which supports 5462 diversity and variety of individual choice; 5463 vi. Achieve a balance between population and resource use which will 5464 permit high standards of living and a wide sharing of life's amenities; 5465 and 5466 vii. Enhance the quality of renewable resources and approach the 5467 maximum attainable recycling of depletable resources. 5468 b. The City recognizes that each person has a fundamental and inalienable 5469 right to a healthful environment and that each person has a responsibility to 5470 contribute to the preservation and enhancement of the environment. 5471 c. The City adopts, by reference, the policies in the following City codes, 5472 ordinances, resolutions and plans as they currently appear and as hereafter 5473 amended: 5474 1976 —Planning Commission 5475 1976 —Cedar River Master Plan 5476 1983 —Comprehensive Solid Waste Management Plan City of Renton Sensitive Are'Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 179 5477 5478 1984—Green River Valley Plan 5479 1987—Subdivision Regulations 5480 1987—Fire Department Master Plan 5481 1988—Airport Master Plan 5482 1990—Parking Regulations 5483 1990—King County Stormwater Management Manual 5484 1990—Comprehensive Water System Plan 5485 1991 —Uniform Fire Code 5486 1991 —Uniform Mechanical Code 5487 1991 —Uniform Building Code 5488 1991 —Uniform Housing Code 5489 1992—Uniform Electrical Code 5490 1992—Comprehensive Park, Recreation and Open Space Plan 5491 1992—Long Range Wastewater Management Plan 5492 1992—King County Comprehensive Housing Affordability Strategy (CHAS) 5493 5494 1992—Aquifer Protection Regulations 5495 1992—Grading, Excavation and Mining Regulations 5496 1992—Land Clearing and Tree Cutting Regulations 5497 1993—Shoreline Master Program 5498 1993—King County Solid Waste Management Plan 5499 1993—Barrier-Free Regulations 5500 1994—Countywide Planning Policies 5501 1994—Six-Year Transportation Improvement Plan 5502 1994—Zoning Code and Areawide Zoning 5503 1994—Street Arterial Plan 5504 1994—State Energy Code 5505 1994—Traffic Mitigation Resolution and Fee 5506 1994—Parks Mitigation Resolution and Fee 5507 1994—Fire Mitigation Resolution and Fee 5508 1995—Comprehensive Plan 5509 2000 --Sensitive Areas Regulation 5510 3. Policies and Goals of This RMC Supplemental: The policies and goals set forth in 5511 this section are supplementary to those in the existing authorization of the City of 5512 Renton, King County. af City of Renton Sensitive Arts Ordinance— Public Draft#1 `'" October 25, 1999 RMC 4-9-070 RMC Page 180 5513 4. Authority to Attach Conditions: The City may attach conditions to a permit or 5514 approval for a proposal so long as: 5515 a. Such conditions are necessary to mitigate specific probable adverse 5516 environmental impacts identified in environmental documents prepared 5517 pursuant to this section; and 5518 b. Such conditions are in writing; and 5519 c. The mitigation measures included in such conditions are reasonable and 5520 capable of being accomplished; and 5521 d. The City has considered whether other local, State, or Federal mitigation 5522 measures applied to the proposal are sufficient to mitigate the identified 5523 impacts; and 5524 e. Such conditions are based on one or more policies in subsection N2 5525 of this section and cited in the license or other decision document. 5526 5. Denial Authorized: The City may deny a permit or approval for a proposal on the 5527 basis of SEPA so long as: 5528 a. A finding is made that approving the proposal would result in probable 5529 significant adverse environmental impacts that are identified in a FEIS or final 5530 SEIS prepared pursuant to this section; and 5531 b. A finding is made that there are no reasonable mitigation measures capable 5532 of being accomplished that are sufficient to mitigate the identified impact; and 5533 c. The denial is based on one or more policies identified in subsection N2 of 5534 this section and identified in writing in the decision document. 5535 6. Environmental Review Committee Recommendations to Decision Maker Where an 5536 FEIS Has Been Prepared or DNS Issued: Where a FEIS or DNS has been prepared, 5537 the Environmental Review Committee may recommend to the decision maker those 5538 reasonable conditions necessary to mitigate or avoid the adverse impacts of the 5539 proposal. Said recommendation shall be adopted as a condition of approval, unless 5540 the decision maker identifies in writing a substantial error in fact or conclusion by the 5541 Environmental Review Committee. 5542 7. Action of Decision Maker—Approval, Denial, Conditions and Environmental 5543 Review Committee Reconsideration: Based upon such finding, the decision maker 5544 may revise the recommended conditions or may remand the proposal to the 5545 Environmental Review Committee for reconsideration. Nothing in this provision shall 5546 be deemed to limit the authority of the decision maker to impose conditions under 5547 SEPA beyond those recommended by Environmental Review Committee or to 5548 condition or deny a proposal based upon other statutory authority. 5549 PO. USING EXISTING ENVIRONMENTAL DOCUMENTS: 5550 1. Purpose of This Part: This part contains rules for using and supplementing existing 5551 environmental documents prepared under SEPA or National Environmental Policy 5552 Act (NEPA) for the City's own environmental compliance. 5553 2. Adoption by Reference: The City adopts the following sections by reference: 5554 WAC 5555 197-11-600 When to use existing environmental documents. City of Renton Sensitive AreOrdinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 181 5556 197-11-610 Use of NEPA documents. 5557 197-11-620 Supplemental environmental impact statement— Procedures. 5558 197-11-625 Addenda — Procedures. 5559 197-11-630 Adoption — Procedures. 5560 197-11-635 Incorporation by reference—Procedures. 5561 197-11-640 Combining documents. (Ord. 3891, 2-25-1985) 5562 QI2. PUBLIC NOTICE AND COMMENTING REQUIREMENTS: 5563 1. Purpose of This Part: This part contains rules for consulting, commenting, and 5564 responding on all environmental documents under SEPA, including rules for public 5565 notice and hearings. (Ord. 4353, 6-1-1992) 5566 2. Adoption by Reference: The City adopts the following sections by reference, as 5567 supplemented in this part: (Ord. 4353, 6-1-1992) 5568 WAC 5569 197-11-500 Purpose of this part. 5570 197-11-502 Inviting comment. 5571 197-11-504 Availability and cost of environmental documents. 5572 197-11-508 SEPA register. 5573 197-11-535 Public hearings and meetings. 5574 197-11-545 Effect of no comment. 5575 197-11-550 Specificity of comments. 5576 197-11-560 FEIS response to comments. 5577 197-11-570 Consulted agency costs to assist lead agency. (Ord. 4353, 6-1-1992) 5578 3. Threshold Determinations: Whenever the Environmental Review Committee of the 5579 City of Renton issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11- 5580 360(3)the Environmental Review Committee shall give public notice as follows: 5581 a. If public notice is required for a nonexempt license, the notice shall state 5582 whether the DS or DNS has been issued and when comments are due. 5583 b. If no public notice is required for the permit or approval, the City shall give 5584 notice of the DNS or DS by: 5585 i. Posting the property, for site-specific proposals; and 5586 ii. Publishing notice in a newspaper of general circulation in the county, 5587 city, or general area where the proposal is located. 5588 c. Whenever the Environmental Review Committee issues a DS under WAC 5589 197-11-360(3), the Environmental Review Committee shall state the scoping 5590 procedure for the proposal in the DS as required in WAC 197-11-408 and in 5591 the public notice. 5592 4. Public Notice Requirements for Draft and Supplemental Environmental Impact 5593 Statements: Whenever the Environmental Review Committee issues a DEIS under 5594 WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of City of Renton Sensitive Ares Ordinance — Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 182 5595 those documents shall be given by: 5596 a. Indicating the availability of the DEIS in a public notice required for a 5597 nonexempt license; 5598 b. Posting the property, for site-specific proposals; and 5599 c. Publishing notice in a newspaper of general circulation in the county, city, or 5600 general area where the proposal is located. 5601 5. Consolidation of Public Notice: Whenever possible, the Environmental Review 5602 Committee shall integrate the public notice required under this section with existing 5603 notice procedures for the City's nonexempt permit(s) or approval(s) required for the 5604 proposal. 5605 6. Responsibility of Cost for Public Notice: The Environmental Review Committee 5606 may require an applicant to complete the public notice requirements for the 5607 applicant's proposal at his or her expense. 5608 7. Notice of Action: The City shall give official notice under WAC 197-11-680(5) 5609 whenever it issues a permit or approval for which a statute or ordinance establishes a 5610 time limit for commencing judicial appeal. 5611 8. Responsibility for Notice: The City, applicant for, or proponent of any action may 5612 publish a notice of action pursuant to RCW 43.21 C.080 for any action. 5613 9. Form of Notice: The form of the notice shall be substantially in the form provided in 5614 WAC 197-11-990. The notice shall be published by the City Clerk or County Auditor, 5615 applicant or proponent pursuant to RCW 43.21C.080. 5616 10. Facsimile Filings: Whenever any application or filing is required under this 5617 Chapter, it may be made by facsimile. Any facsimile filing received at the City after 5618 five o'clock (5:00) p.m. on any business day will be deemed to have been received on 5619 the following business day. Any facsimile filing received after five o'clock (5:00) p.m. 5620 on the last date for filing will be considered an untimely filing. Any party desiring to 5621 make a facsimile filing after four o'clock (4:00) p.m. on the last day for the filing must 5622 call the Hearing Examiner's office or other City official with whom the filing must be 5623 made and indicate that the filing is being made by facsimile and the number to which 5624 the facsimile copy is being sent. The filing party must ensure that the facsimile filing is 5625 transmitted in adequate time so that it will be completely received by the City before 5626 five o'clock (5:00) p.m. In all instances in which filing fees are to accompany the filing 5627 of an application, those filing fees must be received by the City before the end of the 5628 business day on the last day of the filing period or the filing will be considered 5629 incomplete and will be rejected. (Ord. 4353, 6-1-1992) 5630 11. Record Retention: The City shall retain all documents required by the SEPA rules 5631 (chapter 197-11 WAC) and make them available in accordance with chapter 42.17 5632 RCW. 5633 RQ. DEFINITIONS AND INTERPRETATION OF TERMS: 5634 1. Adoption by Reference: This part contains uniform usage and definitions of terms 5635 under SEPA. The City adopts the following sections by reference, as supplemented 5636 by WAC 173-806-040. 5637 WAC 5638 197-11-700 Definitions. `ow, City of Renton Sensitive Arm`Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 183 5639 197-11-702 Act. 5640 197-11-704 Action. 5641 197-11-706 Addendum. 5642 197-11-708 Adoption. 5643 197-11-710 Affected tribe. 5644 197-11-712 Affecting. 5645 197-11-714 Agency. 5646 197-11-716 Applicant. 5647 197-11-718 Built environment. 5648 197-11-720 Categorical exemption. 5649 197-11-722 Consolidated appeal. 5650 197-11-724 Consulted agency. 5651 197-11-726 Cost-benefit analysis. 5652 197-11-728 County/city. 5653 197-11-730 Decision maker. 5654 197-11-732 Department. 5655 197-11-734 Determination of nonsignificance (DNS). 5656 197-11-736 Determination of significance (DS). 5657 197-11-738 EIS. 5658 197-11-740 Environment. 5659 197-11-742 Environmental checklist. 5660 197-11-744 Environmental document. 5661 197-11-746 Environmental review. 5662 197-11-748 Environmentally sensitive area. 5663 197-11-750 Expanded scoping. 5664 197-11-752 Impacts. 5665 197-11-754 Incorporation by reference. 5666 197-11-756 Lands covered by water. 5667 197-11-758 Lead agency. 5668 197-11-760 License. 5669 197-11-762 Local agency. 5670 197-11-764 Major action. 5671 197-11-766 Mitigated DNS. 5672 197-11-768 Mitigation. 5673 197-11-770 Natural environment. City of Renton Sensitive Arele Ordinance— Public Draft#1 *of October 25, 1999 RMC 4-9-070 RMC Page 184 5674 197-11-772 NEPA. 5675 197-11-774 Nonproject. 5676 197-11-776 Phased review. 5677 197-11-778 Preparation. .5678 197-11-780 Private project. 5679 197-11-782 Probable. 5680 197-11-784 Proposal. 5681 197-11-786 Reasonable alternative. 5682 197-11-788 Responsible official. 5683 197-11-790 SEPA. 5684 197-11-792 Scope. 5685 197-11-793 Scoping. 5686 197-11-794 Significant. 5687 197-11-796 State agency. 5688 197-11-797 Threshold determination. 5689 197-11-799 Underlying governmental action. 5690 2. Interpretation: 5691 a. Unless the context clearly requires otherwise: 5692 i. Use of the singular shall include the plural and conversely. 5693 ii. "Preparation"of environmental documents refers to preparing or 5694 supervising the preparation of documents, including issuing, filing, 5695 printing, circulating, and related requirements. 5696 iii. "Impact" refers to environmental impact. 5697 iv. "Permit" means "license" (WAC 197-11-760). 5698 v. "Commenting" includes but is not synonymous with "consultation". 5699 vi. "Environmental cost" refers to adverse environmental impact and 5700 may or may not be quantified. 5701 vii. "EIS" refers to draft, final, and supplemental EISs (WAC 197-11- 5702 405 and 197-11-738). 5703 viii. "Under" includes pursuant to, subject to, required by, established 5704 by, in accordance with, and similar expressions of legislative or 5705 administrative authorization or direction. 5706 ix. "Shall" is mandatory. 5707 x. "May" is optional and permissive and does not impose a 5708 requirement. 5709 xi. "Include" means "include but not limited to". 5710 b. The following terms are synonymous: City of Renton Sensitive AreaS'Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-070 RMC Page 185 5711 i. Effect and impact (WAC 197-11-752). 5712 ii. Environment and environmental quality (WAC 197-14-740). 5713 iii. Major and significant (WAC 197-11-764 and 197-11-794). 5714 iv. Proposal and proposed action (WAC 197-11-784). 5715 v. Probable and likely(WAC 197-11-782). 5716 c. In addition to those definitions contained within WAC 197-11-700 through 5717 197-11-799, when used in this section, the following terms shall have the 5718 following meanings, unless the context indicates otherwise: 5719 DEPARTMENT: Any division, subdivision or organizational unit of the City established by 5720 ordinance, rule, or order. 5721 DNS: Determination of nonsignificance. 5722 DS: Determination of significance. 5723 EARLY NOTICE: The City's response to an applicant stating whether it considers issuance 5724 of a determination of significance likely for the applicant's proposal (mitigated determination 5725 of nonsignificance (DNS) procedures). 5726 EIS: Environmental impact statement. 5727 ERC: The Environmental Review Committee of the City of Renton. 5728 ORDINANCE: The ordinance, resolution, or other procedure used by the City to adopt 5729 regulatory requirements. 5730 SEPA RULES: Chapter 197-11 WAC adopted by the Department of Ecology. 5731 SR. FORMS ADOPTED BY REFERENCE: 5732 The City adopts the following forms and sections by reference: 5733 WAC 5734 197-11-960 Environmental checklist. 5735 197-11-965 Adoption notice. 5736 197-11-970 Determination of nonsignificance (DNS). 5737 197-11-980 Determination of significance (DS). 5738 197-11-985 Notice of assumption of lead agency status. 5739 197-11-990 Notice of action. 5740 T_S. APPEALS: 5741 Except for permits and variances issued pursuant to RMC 4-3-090, Shoreline Master 5742 Program Regulations, when any proposal or action is granted, conditioned, or denied on the 5743 basis of SEPA by a nonelected official, the decision shall be appealable to the Hearing 5744 Examiner under the provisions of RMC 4-8-110, Appeals. (Ord. 3891, 2-25-1985) 5745 UT. EXPIRATION: (Reserved) 5746 VU. MODIFICATIONS OF APPROVED PLANS: (Reserved) 5747 %ow ,400 Now City of Renton Sensitive Are Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-250 RMC Page 187 5748 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND 5749 ALTERNATES: 5750 A. PURPOSES: 5751 1. Variances: A grant of relief from the requirements of this Title which permits 5752 construction in a manner that would otherwise be prohibited by this Title. 5753 2. Waivers: (Reserved) 5754 3. Modifications: To modify a Code requirement when there are practical difficulties 5755 involved in carrying out the provisions of this Title when a special individual reason 5756 makes the strict letter of this Code impractical. (Ord. 4346, 3-9-92) 5757 4. Alternates: To allow the use of any material or method of construction not 5758 specifically prescribed by this Title. (Ord. 4346, 3-9-92) 5759 B. VARIANCE PROCEDURES: 5760 1. Authority And Applicability: 5761 a. Hearing Examiner Variances: The Hearing Examiner shall have the 5762 authority to grant variances from the provisions of this Title where the 5763 proposed development requires or required any permit or approval as set forth 5764 in RMC 4-1-050.H.. 5765 [Editor's note: following italicized portions are formerly 4-3-060.L.3] 5766 i. Proposals Located Within Sensitive Areas — Flood Hazards: 5767 The Board of Adjustment or the Hearing Examiner, whichever is 5768 afforded jurisdiction under the provisions of RMC 4-1-050D.1. or F.1. 5769 of the City Code, as amended, shall hear and decide requests for 5770 variances from the flood hazard requirements of RMC 4-3-050. 5771 ii. Proposals Located Within Sensitive Areas -Geologic Hazards, 5772 Habitat Conservation, and Wetlands: The Hearing Examiner shall 5773 have the authority to grant variances from Sensitive Areas Regulations 5774 as follows: 5775 • Wetlands: Buffer width reductions not otherwise 5776 authorized by RMC 4-3-050.M.6.e and f- Category 1 or 5777 2• 5778 • General: Public/quasi-public utility or agency proposing 5779 to alter Geologic Hazard, Habitat or Wetlands 5780 Regulations not listed above or as an Administrative 5781 Variance. 5782 b. Board Of Adjustment Variances: The Board of Adjustment shall have 5783 authority to grant variances from the provisions of this Title upon application to 5784 the Development Services Division where no approval or permit is required for 5785 the proposed development which must be granted by the Hearing Examiner 5786 pursuant to RMC 4-1-050.H. The Board of Adjustment shall have no authority 5787 to vary the terms or conditions of any permit, recommendation or decision 5788 issued by the Hearing Examiner. 5789 i. Proposals Located Within Sensitive Areas — Flood Hazards: . 5790 [Editor's note: italicized portions are formerly 4-3-070.L3] City of Renton Sensitive Are*Ordinance- Public Draft#1 October 25, 1999 RMC 4-9-250 RMC Page 188 5791 The Board of Adjustment or the Hearing Examiner, whichever is 5792 afforded jurisdiction under the provisions of RMC 4-1-050D.1. or F.1. 5793 of the City Code, as amended, shall hear and decide requests for 5794 variances from the flood hazard requirements of RMC 4-3-050 5795 c. Administrative Variances: The Planning/Building/Public Works 5796 Administrator or his/her designee, shall have the authority to grant variances 5797 from the following development standards when no other permit or approval 5798 requires Hearing Examiner Review: 5799 i. Residential Land Uses: Lot width, lot depth, setbacks, allowed 5800 projections into setbacks, and lot coverage; and 5801 ii. Commercial and Industrial Land Uses: Screening of surface 5802 mounted equipment and screening of roof-mounted equipment. 5803 iii. Proposals Located Within Sensitive Areas - Geologic Hazards, 5804 Habitat Conservation, and Wetlands: 5805 • Steep Slopes 40% or Greater and Very High Landslide 5806 Hazards: The construction of one single family home on a pre- 5807 existing platted lot. 5808 • Wetlands: 5809 - Creation/restoration/enhancement ratios: Categories 1 and 5810 2• 5811 - Buffer width reductions not otherwise authorized by RMC 4- 5812 3-050.M.6.e and f-Category 3. 5813 - A new or expanded single family residence on an existing, 5814 legal lot, having a regulated Category 3 wetland. 5815 2. Filing Of Application: A property owner, or his duly authorized agent, may file an 5816 application for a variance which application shall set forth fully the grounds therefor 5817 and the facts deemed to justify the granting of such variance. 5818 3. Submittal Requirements And Application Fees: Shall be as listed in RMC 4-8- 5819 120C, Land Use Applications, and RMC 4-1-170, Land Use Review Fees. 5820 4. Public Notice and Comment Period: Notice of the application shall be given 5821 pursuant to RMC 4-8-090, Public Notice Requirements. 5822 5. Decision Criteria: Except for variances from Sensitive Areas Regulations, the 5823 Reviewing Official shall have authority to grant a variance upon making a 5824 determination in writing that the conditions specified below have been found to exist: 5825 a. That the applicant suffers undue hardship and the variance is necessary 5826 because of special circumstances applicable to subject property, including 5827 size, shape, topography, location or surroundings of the subject property, and 5828 the strict application of the zoning code is found to deprive subject property 5829 owner of rights and privileges enjoyed by other property owners in the vicinity 5830 and under identical zone classification; 5831 b. That the granting of the variance will not be materially detrimental to the 5832 public welfare or injurious to the property or improvements in the vicinity and 5833 zone in which subject property is situated; `w City of Renton Sensitive Are''ds Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-250 RMC Page 189 5834 c. That approval shall not constitute a grant of special privilege inconsistent 5835 with the limitation upon uses of other properties in the vicinity and zone in 5836 which the subject property is situated; 5837 d. That the approval as determined by the 5838 Reviewing Official is a minimum variance that will accomplish the desired 5839 purpose. 5840 6. Special Review Criteria— Reasonable Use Variance—Sensitive Areas 5841 Regulations Only: For variance requests related to the Sensitive Areas Regulations 5842 not subject to subsections B.7 to B.10 below, the Reviewing Official may grant a 5843 Reasonable Use Variance if all of the following criteria are met: 5844 a. That the granting of the variance will not be materially detrimental to the 5845 public welfare or injurious to the property or improvements in the vicinity and 5846 zone in which subject property is situated. 5847 b. There is no reasonable use of the property left if the requested variance is 5848 not granted. 5849 c. The variance granted is the minimum amount necessary to accommodate 5850 the proposal objectives. 5851 d. The need for the variance is not the result of actions of the applicant or 5852 property owner. 5853 67. Special Review Criteria for Variances from the Aquifer Protection 5854 Regulations: See Chapter 8-8 RMC. The criteria in 8-8 RMC are in lieu of those 5855 criteria in RMC 4-9-250.6.5. and 6 above. 5856 8. Special Review Criteria for Variances from Flood Hazard Requirements in 5857 the Sensitive Areas Regulations: In lieu of the variance criteria of RMC 4-9- 5858 250.B.5 above, the following directives and criteria shall be utilized by the Board of 5859 Adjustment or Hearing Examiner in the review of variance applications related to the 5860 Flood Hazard requirements of the Sensitive Areas Regulations: 5861 [Editor's note: following italicized portions are formerly 4-3-060.L.1] 5862 a. Purpose and Intent: Variances, as interpreted in the national flood 5863 insurance program, are based on the general zoning law principle that they 5864 pertain to a physical piece of property;they are not personal in nature and do 5865 not pertain to the structure, its inhabitants, economic or financial 5866 circumstances. They primarily address small lots in densely populated 5867 residential neighborhoods. As such, variances from the flood elevations 5868 should be quite rare. (Ord. 4071, 6-1-87). 5869 b. Applicability-Conditions for Variance: 5870 [Editor's note: following italicized portions are formerly 4-3-060.L.2.a.] 5871 i. Generally, the only condition under which a variance from the 5872 elevation standard may be issued is for new construction and 5873 substantial improvements to be erected on a lot of one-half(1/2) acre 5874 or less in size contiguous to and surrounded by lots with existing 5875 structures constructed below the base flood level, provided criteria in 5876 RMC 4-9-250.6.8.d. have been fully considered. As the lot size 5877 increases the technical justification required for issuing the variance 5878 increases. 140 City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-250 RMC Page 190 5879 [Editor's note: following italicized portions are formerly 4-3-060.L.2.b.] 5880 ii. Variances may be issued for nonresidential buildings in very limited 5881 circumstances to allow a lesser degree of floodproofing than watertight 5882 or dry-floodproofing, where it can be determined that such action will 5883 have low damage potential, complies with all other variance criteria 5884 except RMC 4-9-250.B.8.b.,and otherwise complies with RMC 4-3- 5885 050.I.2.a. and b. of the General Standards. 5886 [Editor's note: following italicized portions are formerly 4-3-060.L.2.c.] 5887 iii. Variances may be issued for the reconstruction, rehabilitation, or 5888 restoration of structures listed in the National Register of Historic 5889 Places or the State Inventory of Historic Places, without regard to the 5890 procedures set forth in this section. 5891 [Editor's note: following italicized portions are formerly 4-3-060.L.3] 5892 c. Review Authority: The Board of Adjustment or the Hearing Examiner, 5893 whichever is afforded jurisdiction under the provisions of RMC 4-1-050.D.1. 5894 and F.1. of the City Code, as amended, shall hear and decide requests for 5895 variances from the requirements of this section. 5896 [Editor's note: following italicized portions are formerly 4-3-060.L.4] 5897 d. Review Criteria: In passing upon such an application for a variance, the 5898 Hearing Examiner or Board of Adjustment, as the case may be, shall consider 5899 all technical evaluations, all relevant factors, standards specified in other 5900 sections of this section; and: 5901 i. The danger that materials may be swept onto other lands to the 5902 injury of others. 5903 ii. The danger to life and property due to flooding or erosion damage; 5904 iii. The susceptibility of the proposed facility and its contents to flood 5905 damage and the effect of such damage on the individual owner; 5906 iv. The importance of the services provided by the proposed facility to 5907 the community; 5908 v. The necessity to the facility of a waterfront location, where 5909 applicable; 5910 vi. The availability of alternative locations for the proposed use which 5911 are not subject to flooding or erosion damage; 5912 vii. The compatibility of the proposed use with existing and anticipated 5913 development; 5914 viii. The relationship of the proposed use to the comprehensive plan 5915 and flood plain management program for that area; 5916 ix. The safety of access to the property in times of flood for ordinary 5917 and emergency vehicles; 5918 x. The expected heights, velocity, duration, rate of rise, and sediment 5919 transport of the flood waters and the effects of wave action, if 5920 applicable, expected at the site;and, 5921 xi. The costs of providing governmental services during and after flood City of Renton Sensitive Arm Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-250 RMC Page 191 5922 conditions, including maintenance and repair of public utilities and 5923 facilities such as sewer, gas, electrical, and water systems, and streets 5924 and bridges. 5925 [Editor's note: following italicized portions are formerly 4-3-060.L.5] 5926 e. Requirements for Variance Approval: 5927 i. Variances shall not be issued within a designated floodway if any 5928 increase in flood levels during the base flood discharge would result. 5929 ii. Variances shall only be issued upon: 5930 • A showing of good and sufficient cause; 5931 • A determination that failure to grant the variance would result in 5932 exceptional hardship to the applicant; 5933 • A determination that the granting of a variance will not result in 5934 increased flood heights, additional threats to public safety, 5935 extraordinary public expense, create nuisances, cause fraud on or 5936 victimization of the public or conflict with existing local laws or 5937 ordinances. 5938 A determination that the variance is the minimum necessary, 5939 considering the flood hazard, to afford relief. 5940 [Editor's note: following italicized portions are formerly 4-3-0601.6] 5941 f. Conditions of Approval: Upon consideration of the factors of RMC 4-9- 5942 250.B.8.d. and e. above, and the purposes of this section, the Hearing 5943 Examiner or Board of Adjustment, as the case may be, may attach such 5944 conditions to the granting of variances as it deems necessary to further the 5945 purposes of this section. 5946 [Editor's note: italicized portions are formerly 4-3-060.L.7] 5947 gL Notice Required Upon Variance Approval: Any applicant to whom a 5948 variance is granted shall be given written notice that the structure will be 5949 permitted to be built with a lowest floor elevation below the base flood 5950 elevation and that the cost of flood insurance will be commensurate with the 5951 increased risk resulting from the reduced lowest floor elevation 5952 [Editor's note: italicized portions are formerly 4-3-060.L.8] 5953 h. Records: The Department Administrator or his/her designee, the 5954 Building Official shall maintain the records of all variance actions and 5955 report any variances to the Federal Insurance Administration upon 5956 request. (Ord. 4071, 6-1-87). 5957 9. Special Review Criteria - Single Family Residence on a Legal Lot with a 5958 Category 3 Wetland: In lieu of the criteria shown in RMC 4-9-250.B.5 and 6, a 5959 variance may be granted from any wetland requirement in the Sensitive Areas 5960 Regulations for a single family residence to be located on an existing legal lot if all of 5961 the following criteria are met. 5962 a. The proposal is the minimum necessary to accommodate the building 5963 footprint and access. In no case, however, shall the impervious surface 5964 exceed 5,000 square feet, including access. Otherwise the alteration shall be City of Renton Sensitive Are '''Ordinance— Public Draft#1 . October 25, 1999 RMC 4-9-250 RMC Page 192 5965 reviewed as a Hearing Examiner Variance and subject to the review criteria of 5966 RMC 4-9-250.B.6. 5967 b. Access is located so as to have the least impact on the wetland and its 5968 buffer. 5969 c. The proposal preserves the functions and values of the wetlands to the 5970 maximum extent possible. 5971 d. The proposal includes on-site mitigation to the maximum extent possible. 5972 e. The proposal first develops non-wetland area, then the wetland buffer, 5973 before the wetland area itself is developed. 5974 f_ The proposed activities will not jeopardize the continued existence of 5975 endangered, threatened or sensitive species as listed by the Federal 5976 government or the State; and[Editor's note: above italicized portions are 5977 formerly 4-3-110.Q.4.f.] 5978 g, The inability to derive reasonable economic use of the property is not the 5979 result of actions segregating or dividing the property and creating the 5980 undevelopable condition after the effective date of this section. [Editor's note: 5981 above italicized portions are formerly 4-3-110.Q.4.j.] 5982 10. Special Review Criteria- Public/Quasi-Public Utility or Agency Altering 5983 Geologic Hazard, Habitat, or Wetland Regulations: In lieu of the variance criteria 5984 of RMC 4-9-250.B.5, applications by public/quasi-public utilities or agencies 5985 proposing to alter Geologic Hazard, Habitat, Stream and Lake or Wetland 5986 Regulations shall be reviewed for compliance with all of the following criteria: 5987 a. Public policies have been evaluated and it has been determined by the 5988 Department Administrator that the public's health, safety, and welfare is best 5989 served; [Editor's note: above italicized portions are formerly 4-3-110.Q.4.k.i.] 5990 b. Each facility must conform to the Comprehensive Land Use Plan and with 5991 any adopted public programs and policies; [Editor's note: above italicized 5992 portions are formerly 4-3-110.Q.4.k.i.] 5993 c. Each facility must serve established, identified public needs;and [Editor's 5994 note: above italicized portions are formerly 4-3-110.Q.4.k.i.] 5995 d. No practical alternative exists to meet the needs. [Editor's note: above 5996 italicized portions are formerly 4-3-110.Q.4.k.i.] 5997 e. The proposed action takes affirmative and appropriate measures to 5998 minimize and compensate for unavoidable impacts. ; [Editor's note: above 5999 gray italicized portions are based on formerly 4-3-110.L.6.a.] 6000 f. The proposed activity results in no net loss of regulated wetland area, 6001 value, or function in the drainage basin where the wetland is located: [Editor's 6002 note: above gray italicized portions are based on formerly 4-3-110.L.6.b.] 6003 g_ The proposed activities will not jeopardize the continued existence of 6004 endangered, threatened or sensitive species as listed by the Federal 6005 government or the State; and [Editor's note: above italicized portions are 6006 based on formerly 4-3-110.Q.4.f.] 6007 h. The approval as determined by the Hearing Examiner is a minimum '— City of Renton Sensitive Arelee Ordinance— Public Draft#1 October 25, 1999 RMC 4-9-250 RMC Page 193 6008 variance that will accomplish the desired purpose. [Editor's note: above 6009 italicized portions are based on formerly 4-3-110.Q.4.1.] 6010 711. Continuation Of Public Hearing: If for any reason testimony in any manner 6011 set for public hearing, or being heard, cannot be completed on date set for such 6012 hearing, the person presiding at such public hearing or meeting may, before 6013 adjournment or recess of such matters under consideration, publicly announce the 6014 time and place to and at which said meeting will be continued, and no further notice 6015 of any kind shall be required. (Ord. 3463, 8-11-80; Amd. Ord. 4648, 1-6-97) 6016 812. Board Of Adjustment Decision Process: 6017 a. Board of Adjustment shall Announce Findings and Decisions: Not 6018 more than thirty(30)days after the termination of the proceedings of the 6019 public hearing on any variance, the Board of Adjustment shall announce its 6020 findings and decision. If a variance is granted, the record shall show such 6021 conditions and limitations in writing as the Board of Adjustment may impose. 6022 b. Notice of Decision of Board of Adjustment: Following the rendering of 6023 a decision on a variance application, a copy of the written order by the Board 6024 of Adjustment shall be mailed to the applicant at the address shown on the 6025 application and filed with the Board of Adjustment and to any other person 6026 who requests a copy thereof. 6027 c. Reconsideration: (Reserved) 6028 d. Record of Decision: Whenever a variance is approved by the Board of 6029 Adjustment, the Building Department shall forthwith make an appropriate 6030 record and shall inform the administrative department having jurisdiction over 6031 the matter. 6032 913. Conditions Of Approval: The Reviewing Official may prescribe any conditions 6033 upon the variance deemed to be necessary and required. 6034 4014. Finalization: (Reserved) 6035 4415. Expiration Of Variance Approval: 6036 a. General: Any variance granted by the Reviewing Official, unless otherwise 6037 specified in writing, shall become null and void and in the event that the 6038 applicant or owner of the subject property for which a variance has been 6039 requested has failed to commence construction or otherwise implement 6040 effectively the variance granted within a period of two (2) years after such 6041 variance has been issued. 6042 b. Sensitive Areas Regulation Variances: Any variance granted by the 6043 Reviewing Official, unless otherwise specified in writing, shall become null and 6044 void in the event that the applicant or owner of the subject property for which a 6045 variance has been requested has failed to commence construction or 6046 otherwise implement effectively the variance granted within a period of two (2) 6047 years after such a variance has been issued. For proper cause shown, an 6048 applicant may petition the Reviewing Official during the variance procedure, 6049 for an extension of the two (2) year period, specifying the reasons therefor. 6050 The time may be extended but not exceed one additional year in any event. 6051 [Editor's note: above italicized portions are based on formerly 4-3-110.0.6.] 6052 4216. Extension Of Approval: For proper cause shown, an applicant may petition City of Renton Sensitive AreOrdinance— Public Draft#1 October 25, 1999 RMC 4-9-250 RMC Page 194 6053 the Reviewing Official for an extension of the two (2)year period, specifying the 6054 reasons therefor. The Reviewing Official may extend the time limit, but such 6055 extension shall not exceed one additional year in any event. (Ord. 3463, 8-11-80; 6056 Amd. Ord. 4648, 1-6-97) 6057 VIEW' City of Renton Sensitive AreIrg Ordinance—Public Draft#1 October 25, 1999 RMC 4-10-010 RMC Page 195 6058 SECTION 4-10-010: COMPLETION AND RESTORATION OF 6059 EXISTING NONCONFORMING USES/ STRUCTURES AND LOTS: 6060 6061 6062 A. NONCONFORMING LOTS: (Reserved) 6063 B. PENDING PERMITS VALID: 6064 Nothing herein contained shall require any change in the plans, construction, or designation 6065 or intended use of a building for which a building permit has heretofore been issued, or which 6066 has been submitted to the Building Official before the effective date of amendments to the 6067 development regulations. 6068 C. NONCONFORMING STRUCTURES: 6069 Any building or structure legally existing at the time of enactment of this Code may remain, 6070 although such structure does not conform with the provisions of this Code, provided the 6071 following conditions are met: 6072 1. Vacant, Abandoned, or Amortized Structures: The structure is not abandoned, 6073 vacant, or extensively damaged. Nonconforming buildings or structures which do not 6074 have historic significance and have been vacant for two (2) or more years, or 6075 abandoned, or are sufficiently old at the time that they are severely damaged so as to 6076 have had sufficient time to amortize most or all of their initial economic value, shall 6077 not be allowed to be redeveloped or re-established. 6078 2. Unsafe Structures: The structure is kept in a safe condition. Nothing in this Chapter 6079 shall prevent the strengthening or restoring to a safe condition of any portion of a 6080 building or structure declared unsafe by a proper authority. 6081 3. Alterations: Any alterations must comply with the following requirements: 6082 a. Structures with Conditional Approval Permits: The cost of the alteration 6083 shall generally not exceed an aggregate cost of one hundred percent (100%) 6084 of the value of the building or structure, unless: (1) the building or structure is 6085 made conforming by the alterations; or (2) the alteration were imposed as a 6086 condition of granting a conditional approval permit. Alterations shall not result 6087 in or increase any nonconforming conditions unless they were specifically 6088 imposed as a condition of granting a conditional approval permit, pursuant to 6089 RMC 4-9-120. 6090 b. Other Legal Nonconforming Structures: The cost of the alterations of all 6091 other legal nonconforming structures shall not exceed an aggregate cost of 6092 fifty percent (50%) of the value of the building or structure, based upon its 6093 most recent assessment of appraisal, unless the amount over fifty percent 6094 (50%) is used to make the building or structure more conforming. Alterations 6095 shall not result in or increase any nonconforming condition. 6096 4. Extension: The structure shall not be extended unless the extension is conforming 6097 or it is consistent with the provisions of a conditional approval permit issued for it. The 6098 extension of a lawful use to any portion of a nonconforming building or structure 6099 which existed prior to the enactment of this Code shall not be deemed the extension 6100 of such nonconforming structure. Towers that are constructed, and antennas that are 6101 installed, in accordance with the provisions of this Title shall not be deemed to 6102 constitute the expansion of a nonconforming use or structure. 6103 5. Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, City of Renton Sensitive Arhlt Ordinance— Public Draft#1 4410 October 25, 1999 RMC 4-10-010 RMC Page 196 6104 rebuilding and continued use of any nonconforming building or structure damaged by 6105 fire, explosion, or act of God, subsequent to the date of these building regulations and 6106 subject to the following conditions: 6107 a. Legal Nonconforming Structures with Conditional Approval Permits: The 6108 work shall generally not exceed one hundred percent (100%) of the latest 6109 appraised value of the building or structure closest to the time such damage 6110 occurred; restoration or reconstruction work exceeding one hundred percent 6111 (100%) of this value shall either be a condition of granting the conditional 6112 approval permit or necessary to conform to the regulations and uses specified 6113 in this Title. 6114 b. Other Legal Nonconforming Structures: The work shall not exceed fifty 6115 percent (50%) of the latest assessed or appraised value of the building or 6116 structure at the time such damage occurred, otherwise any restoration or 6117 reconstruction shall conform to the regulations and uses specified in this Title. 6118 c. Illegal Structures: These shall be discontinued. 6119 D. NONCONFORMING USES: 6120 Any lawful use existing at the time of enactment of this Code may be continued, although 6121 such use does not conform with the provisions of the building regulations, provided the 6122 following conditions are met: 6123 1. Abandonment: The use is not abandoned. A legal nonconforming use (of a building 6124 or premises)which has been abandoned shall not thereafter be resumed. Abandoned 6125 uses shall not be eligible for a conditional approval permit. A nonconforming use shall 6126 be considered abandoned when: 6127 a. The intent of the owner to discontinue the use is apparent, and 6128 discontinuance for a period of one year or more shall be prima facie evidence 6129 that the nonconforming use has been abandoned, or 6130 b. It has been replaced by a conforming use, or 6131 c. It has been changed to another use under permit from the City or its 6132 authorized representative. 6133 2. Relocation: The use is not relocated. A legal nonconforming use of a building or 6134 premises which has been vacated and moved to another location, or discontinued, 6135 shall not be allowed to reestablish itself except in compliance with the building 6136 regulations. 6137 3. Changes: The use is not changed to a different nonconforming use. The 6138 nonconforming use of a building or structure shall not be changed to another 6139 nonconforming use. 6140 4. Restoration: Nothing in this Chapter shall prevent the restoration or continuance of 6141 a nonconforming use damaged by fire, explosion, or act of God, subsequent to the 6142 date of these building regulations, or amendments thereto, subject to the following 6143 conditions: 6144 a. Legal Nonconforming Uses with Conditional Approval Permits: The work 6145 shall generally not exceed one hundred percent (100%) of the latest appraised 6146 value of the building or structure housing the use closest to the time such 6147 damage occurred; restoration or reconstruction work exceeding one hundred 6148 percent (100%) of this value shall either be a condition of granting the City of Renton Sensitive Arm Ordinance— Public Draft#1 October 25, 1999 RMC 4-10-010 RMC Page 197 6149 conditional approval permit pursuant to RMC 4-9-120 or necessary to conform 6150 to the regulations and uses specified in this Title. 6151 b. Other Legal Nonconforming Uses: The work shall not exceed fifty percent 6152 (50%)of the latest appraised value of the building or structure at the time such 6153 damage occurred. Uses which were in conformance with the Code at the time 6154 it was enacted or at the time they were built or developed, but which became 6155 nonconforming on adoption of the development regulations or amendments to 6156 it. (Ord. 4584, 2-12-1996) 6157 c. Illegal Uses: Uses which are not in conformance with the Code or the 6158 development regulations in effect on the date they were established (illegal 6159 uses). These uses shall be discontinued. (Ord. 4584, 2-12-1996) 6160 E. NONCONFORMING ANIMALS: 6161 See RMC 4-4-010K. 6162 F. NONCONFORMING SIGNS: 6163 See RMC 4-4-100D. 6164 [Editor's note: italicized portions of following section are formerly 4-3-110.U.11 6165 G. SENSITIVE AREAS REGULATIONS - NONCONFORMING ACTIVITIES AND 6166 STRUCTURES: A legally nonconforming, regulated activity or structure that was in existence 6167 or approved or vested prior to the passage of the Sensitive Area Regulations, RMC 4-3-050, 6168 and to which significant economic resources have been committed pursuant to such approval 6169 but which is not in conformity with the provisions of RMC 4-3-050 may be continued provided 6170 that 6171 1. No such legal nonconforming activity or structure shall be expanded, changed, 6172 enlarged or altered in any way that infringes further on the sensitive area that 6173 increases the extent of its nonconformity with this section without a permit issued 6174 pursuant to the provisions of RMC 4-3-050; 6175 2. Except for cases of on-going agricultural uses, if a nonconforming activity is 6176 discontinued pursuant to RMC 4-10-010 C and D, any resumption of the activity shall 6177 conform to this section; 6178 3. Except for cases of on-going agricultural use, if a nonconforming use or activity or 6179 structure is destroyed by human activities or an act of God, it shall not be resumed or 6180 reconstructed except in conformity with the provisions of RMC 4-3-050; 6181 4. Activities or adjuncts thereof that are or become nuisances shall not be entitled to 6182 continue as nonconforming activities. 6183 ..410 City of Renton Sensitive Arm Ordinance— Public Draft#1 October 25, 1999 Chapter 4-11 RMC Page 199 6184 CHAPTER 4-11 - DEFINITIONS: 6185 6186 6187 4-11-010 DEFINITIONS A: 6188 ALLOWED-ACTIVIlT€S• , 6189 6190 land. (Ord. 43116, 3 9 92) 6191 AREA OF SPECIAL FLOOD HAZARD: 6192 ° 6193 1987) Refer to RMC 4-3- 6194 050.B.3. 6195 4-11-020 DEFINITIONS B: 6196 BEST MANAGEMENT PRACTICES, WETLANDS: 6197 Conservation practices or systems of practices and management measures that: 6198 Control soil loss and reduce water quality degradation caused by nutrients, animal 6199 waste, toxins and sediment; 6200 Minimize adverse impacts to surface water and groundwater flow, circulation patterns, 6201 and to the chemical, physical and biological characteristics of wetlands; and 6202 Includes allowing proper use and storage of fertilizers/pesticides. (Ord. 4346, 3-9-92) 6203 BUFFER, SENSITIVE AREA WETLAND: A naturally vegetated and undisturbed 6204 enhanced, or reveqetated aAreas that surrounds and protects a sensitive area wetland from 6205 adverse impacts to its functions and values, and/or which protects adjacent developed areas 6206 from potentially hazardous conditions. 6207 4-11-030 DEFINITIONS C: 6208 COMPENSATORY MITIGATION: Replacing project-induced wetland losses or impacts, and 6209 includes, but is not limited to wetlands restoration and creation, and wetland enhancement in 6210 conjunction with wetlands restoration or creation. (Ord. 4346, 3-9-92) 6211 CREEK: Those areas where surface waters flow sufficiently to produce a defined channel or 6212 bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal 6213 of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or 6214 bed need not contain water year round. This definition is not meant to include storm water 6215 runoff devices or other entirely artificial watercourses unless they are used to store and/or 6216 convey pass through stream flows naturally occurring prior to construction of such devices. 6217 (Ord. 4351, 5-4-92) 6218 CRITICAL HABITAT, OR CRITICAL WILDLIFE HABITAT: Habitat areas associated with 6219 threatened, endangered, sensitive, monitor, or priority species of plans or wildlife and which, 6220 if altered, could reduce the likelihood that the species will maintain and reproduce over the 6221 long term. See also RMC 4-3-050.B.5.b. 6222 4-11-040 DEFINITIONS D: 6223 DENSITY, NET: A calculation of the number of housing units and/or lots that would be 6224 allowed on a property after sensitive areas and public rights-of-way except alleys streets, and 6225 legally recorded private access easements serving three or more dwelling units are 6226 subtracted from the gross area (gross acres minus streets and sensitive areas multiplied by 6227 allowable housing units per acre). Required City of Renton Sensitive Are Ordinance— Public Draft#1 "— ro October 25, 1999 Chapter 4-11 RMC Page 200 6228 sensitive area buffers shall not be subtracted from gross acres for the purpose of net density 6229 calculations. 6230 DEVELOPMENT PERMIT: Written permission after appropriate review for type of 6231 application from the appropriate decision-maker authorizing the division of a parcel of land, 6232 the construction, reconstruction, conversion, structural alteration, relocation or enlargement 6233 of any structure, utility, or any use or extension of the use of the land. 6234 4-11-050 DEFINITIONS E: 6235 ENHANCEMENT, WETLANDS: Actions performed to improve the functioning of an existing 6236 wetland but which do not increase the area of a wetland. Enhancement is not morns ider ed-an 6237 6238 Enhancement is allowed only in conjunction with wetland restoration or creation. (Ord. 4346, 6239 3-9-92) 6240 4-11-060 DEFINITIONS F: 6241 FEDERAL MANUA FOR IDENTrFYrNw�ANw DELIr rvA cE�Tc INGv vI I I�ISvICTaIONAc 6242 W€TLANDS 6243 Delineation in 1989. (Ofel,4346, 3 6244 4-11-070 DEFINITIONS G: 6245 GEOLOGICALLY HAZARDOUS AREAS: Areas which may be prone to one or more of the 6246 following conditions: erosion, flooding, landslides, coal mine hazards, or seismic activity. 6247 Refer to RMC 4-3-050.B.4. 6248 4-11-120 DEFINITIONS L: 6249 LAKES: Natural or artificial bodies of water of two (2)or more acres and/or where the 6250 deepest part of the basin at low water exceeds two (2) meters (6.6 feet). Artificial bodies of 6251 water with a recirculation system approved by the Planning/Building/Public Works 6252 Department are not included in this definition. 6253 6254 6255 6256 , 6257 6258 buffers. (Ord. 4346, 3 9 92) 6259 LOW IMPACT LAND USE: Land uses which are not likely to have a significant adverse 6260 impact on sensitive areas because of the intensity of the use, levels of human activity, use of 6261 machinery or chemicals, site design or arrangement of buildings and structures, 6262 incorporation of mitigation measures, or other factors. 6263 4-11-130 DEFINITIONS M: 6264 MECHANICAL EQUIPMENT: Includes all motorized equipment used for earth moving, 6265 trenching, excavation, gardening, landscaping, and general property maintenance exceeding 6266 twel_ -)twenty seven (27) horsepower in size. (Ord. 4351, 5-4-92) 6267 MITIGATION BANK: See definition in 1 3 110M11. Mitigation banks are defined as sites 6268 which may be used for restoration, creation and/or mitigation of wetlands altered on a 6269 different piece of property than the property to be altered within the same drainage basin. -- 6270 (Ord. 4346, 3-9-92) 6271 4-11-160 DEFINITIONS P: City of Renton Sensitive Arm Ordinance— Public Draft#1 October 25, 1999 Chapter 4-11 RMC Page 201 6272 PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern as 6273 identified by the Washington State Department of Wildlife Priority Habitat and Species 6274 program. "Priority habitats" are habitat types with unique or significant value to many 6275 species. An area classified and mapped as priority habitat must have one or more of the 6276 following attributes: 6277 A. Comparatively high fish and wildlife density. 6278 B. Comparatively high fish and wildlife species diversity. 6279 C. Important fish and wildlife breeding habitat. 6280 D. Important fish and wildlife seasonal ranges. 6281 E. Important fish and wildlife movement corridors. 6282 F. Limited availability. 6283 G. High vulnerability to habitat alteration. 6284 H. Unique or dependent species. 6285 "Priority species" are fish and wildlife species requiring protective measures and/or 6286 management guidelines to ensure their perpetuation. 6287 4-11-180 DEFINITIONS R: 6288 REGULATED ACTIVITY: (For Chapter 3, Wetland Sensitive Area Regulation Use only.) All 6289 existing and proposed activities located within a regulated wetland-sensitive area or 6290 sensitive area buffer. (Ord. 4346, 3-9-92) 6291 4-11-190 DEFINITIONS S: 6292 SENSITIVE AREAS: Areas determined by the City to be not suitable for development and 6293 which are subject to included within the City's Sensitive Areas Regulation including very high 6294 landslide hazard areas, slopes 40% or greater, , wetlands, 6295 or floodways . 6296 SPECIAL AREA MANAGEMENT PROGRAM (SAMP): See RMC 4 3 110M11 b. Special 6297 area management programs are those wetland programs agreed upon through an 6298 interiurisdictional planning process involving the U.S. Army Corps of Engineers, the 6299 Washington State Department of Ecology, any affected counties and/or cities, private 6300 property owners and other parties of interest. The outcome of the process is a regional 6301 wetlands permit representing a plan of action for all wetlands within the special area. 6302 STREAM, RIVER, OR WATERCOURSE: Any portion of a channel, bed, bank, or bottom 6303 waterward of the ordinary high water mark in which fish may spawn, reside, or through which 6304 they may pass, and tributary waters with defined beds or bank which influence the quality of 6305 fish habitat downstream. This includes watercourses which flow on an intermittent basis or 6306 which fluctuate in level during the year, and applies to the entire bed of such watercourse 6307 whether or not the water is at peak level. This definition does not include irrigation of ditches, 6308 canals, stormwater runoff devices, or other entirely artificial watercourses, except where they 6309 exist in a natural watercourse which has been altered by humans or except where there are 6310 salmonids. Refer also to RMC 4-3-050.B.6. 6311 STREAM ALTERATION: Stream alteration is the relocation or change in the flow of a river, 6312 stream or creek. A river, stream or creek is surface water runoff flowing in a natural or 6313 modified channel. 6314 4-11-230 DEFINITIONS W: City of Renton Sensitive Are' ordinance— Public Draft#1 October 25, 1999 Chapter 4-11 RMC Page 202 6315 WETLAND: For the purposes of inventory, incentives, and nonregulatory programs, those 6316 lands transitional between terrestrial and aquatic systems where the water table is usually at 6317 or near the surface or the land is covered by shallow water. For the purposes of regulation, 6318 wetlands are defined by 6319 Washington State Wetlands Identification and Delineation Manual 6320 pursuant to RMC--1 3 110H RMC 4-3-050.M.4.a. Wetlands created or restored as part of a 6321 mitigation project are regulated wetlands. Wetlands do not include those artificial wetlands 6322 intentionally created for purposes other than wetland mitigation, including, but not limited to, 6323 , irrigation and drainage ditches,grass-lined swales, canals, 6324 detention facilities, wastewater treatment facilities, farm ponds, OF landscape amenities, or 6325 those wetlands created after July 1, 1990 that were unintentionally created as a result of the 6326 construction of a road, street, or highway. Drainage ditches are not considered regulated 6327 wetlands. Also refer to RMC 4-3-050.B.7. 6328 WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a 6329 wetland from adverse impacts to its functions and values. Buffers are designated areas 6330 adjacent to a regulated wetland which protect the wetland from changes in the location of the 6331 wetland edge. Wetland buffers minimize the short and lonq term impacts of development on 6332 properties adjacent to wetlands, preserve important wildlife habitat, allow for infiltration and 6333 water quality improvement, protect buildings, roads and other infrastructure as well as 6334 property owners from flood damage in years of high precipitation. 6335 WETLAND EDGE: The boundary of a wetland as delineated using the 6336 Washington State Wetlands 6337 Identification and Delineation Manual pursuant to RMC 4 3 110H RMC 4-3-050.M.4.a. 6338 WETLAND, REGULATED: See RMC 1 3 110E., G., I RMC 4-3-050.M.1.a. (Ord. 4346, 3-9- 6339 92) 6340 WETLAND RESTORATION: Actions performed to reestablish wetland functional 6341 characteristics and processes which have been lost by alterations, activities, or catastrophic 6342 events within an area which no longer meets the definition of a wetland. (Ord. 4346, 3-9-92) 6343 6344 City of Renton Sensitive Areas Ordinance— Public Draft#1 October 25, 1999 Flood Hazard Regulations-Administrative Guidelines Page 203 6345 FLOOD HAZARD REGULATIONS - ADMINISTRATIVE GUIDELINES 6346 6347 6348 Through the Review Team SAO meetings, we decided to generally refer to the Department 6349 Administrator as the designated official implementing the Flood Hazard Regulations although 6350 the current code makes reference to the Building Official. In practice, portions of the Flood 6351 Hazard Regulations are also administered by the Surface Water Utility Supervisor. Although 6352 the proposed Flood Hazard Regulations amendments indicate in RMC 4-3-050.D that the 6353 Department Administrator is responsible for the regulations, the day to day administration of 6354 the Code is accomplished as follows: 6355 1. Overall compliance is the responsibility of the Building Official. 6356 2. Maintenance of floodproofing certifications is the responsibility of the Surface Water 6357 Utility Supervisor. 6358 3. While flood elevation certificates are submitted by an applicant to Development 6359 Services Division (Building Official), certificates are maintained by the Surface Water 6360 Utility Supervisor. 6361 4. In the case of City actions, the Surface Water Utility Supervisor would notify adjacent 6362 communities and DOE prior to any alteration or relocation of a water course and 6363 would indicate if maintenance of the altered watercourse is needed. 6364 5. In the case of non-City actions, The Development Services Supervisor would notify 6365 adiacent communities and DOE prior to any alteration or relocation of a watercourse 6366 and would indicate if maintenance of the altered watercourse is needed. 6367 6. Interpretation of FIRM boundaries is done by the Building Official in consultation with 6368 the Surface Water Utility Supervisor as needed. 6369 Prior to adoption of the proposed Sensitive Area Regulations, preparation of administrative 6370 guidelines clarifying roles and responsibilities would be recommended. 6371 6372 REJ/ 6373 CENTRAL/SYS2/DEPTS/ECONOMICDEVELOPMENT/STRATPLN/PLANNING/ 6374 JENKINS/SENSITVE AREAS/SAO PUBLIC DRAFT 1.DOC 6375 (10/25/99) IOW *111.