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AGENDA
Planning & Development Committee Regular Meeting
2:45 PM - Monday, July 15, 2019
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Repeal of Ordinance 5099
Wireless communication Facilities in Rights of Way
a) AB - 2397 Community & Economic Development Department recommends adopting an
ordinance in order to repeal Ordinance No. 5900 regarding the elimination of a permit
exemption for wireless communication facilities in City right-of-way.
2. Docket #14
3. Emerging Issues in CED
AB - 2397
City Council Regular Meeting - 10 Jun 2019
SUBJECT/TITLE: Repeal of Ordinance 5900
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Jennifer Henning, Planning Director
EXT.: 7286
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Ordinance 5099 was adopted in December 2018 as a minor code amendment to eliminate a permit exemption
for wireless communication facilities in the right-of-way. The goal of the code change was to ensure that
monopoles and other personal wireless communication facilities in the right-of-way were not exempt from
obtaining necessary permits. It was subsequently determined that the exemption did not preclude the
wireless communication equipment from getting the needed City permits; however, the code change had the
unintended consequence of requiring building permits for all private wireless communication facilities in the
right-of-way, not only monopoles. There are other mechanisms in place that provide for the required
oversight.
Code language that existed immediately prior to the adoption of Ordinance 5099 should be reinstated and
Ordinance 5099 should be repealed.
EXHIBITS:
A. Ordinance
STAFF RECOMMENDATION:
Refer to the Planning & Development Committee for review. Following this review, a corrective ordinance will
be presented for first reading.
AGENDA ITEM #1. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING
ORDINANCE NO. 5900, RESTORING THE LANGUAGE IN SUBSECTION 4‐5‐060.E.2
OF THE RENTON MUNICIPAL CODE TO THE LANGUAGE PRIOR TO THE PASSAGE
OF ORDINANCE NO. 5900, AND PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RMC 4‐5‐060 regulates development subject to international, national and
uniform building and construction codes; and
WHEREAS, Ordinance 5900 inadvertently resulted in requiring building permits for certain
wireless communication facilities that were previously exempt from building permits;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Ordinance No. 5900 is repealed.
SECTION III. The language in subsection 4‐5‐060.E.2 of the Renton Municipal Code is
restored to read as it did prior to Ordinance No. 5900, as shown following:
2. 105.2 Work exempt from permit. Exemptions from permit
requirements related to the Construction Codes shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions
of the Construction Codes or any other laws or ordinances of this jurisdiction.
Permit exemptions shall not apply to Areas of Flood Hazard and City Land Use
Critical Areas. Permits shall not be required for the following:
AGENDA ITEM #1. a)
ORDINANCE NO. ________
2
a. Public service agencies or Work in the Public Way.
i. A permit shall not be required for the installation, alteration or
repair of generation, transmission, distribution or metering or other related
equipment that is under the ownership and control of public service agencies
established by right.
ii. A permit shall not be required for work located primarily in a
public way, public utility towers and poles (but not exempting personal wireless
communications service facilities not located in a public way) and hydraulic flood
control structures.
b. Grading.
i. An excavation below existing finished grade for basements and
footings of an existing building, retaining wall or other structure authorized by a
valid building permit. This shall not exempt any excavation having an unsupported
height greater than five feet (5’).
ii. An excavation of less than fifty (50) cubic yards of materials
which:
(a) is less than two (2) feet in depth and/or
(b) which does not create a cut slope of a ratio steeper than two
(2) horizontal to one (1) vertical.
(c) A fill of less than fifty (50) cubic yards of material which is
less than one foot (1’) in depth and placed on natural terrain with a slope flatter
than five (5) horizontal to one (1) vertical.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
3
c. Building.
i. One (1) story detached accessory structures constructed under
the provisions of the IRC used as tool and storage sheds, tree supported play
structures, playhouses and similar uses, provided the floor area does not exceed
two hundred (200) square feet (18.58 m2).
ii. Fences not over six feet (6’) (1,829 mm) high.
iii. Oil derricks.
iv. Retaining walls and rockeries which are not over four feet (4’)
(1,219 mm) in height measured from the bottom of the footing to the top of the
wall, unless supporting a surcharge or impounding Class I, II or III‐A liquids.
v. Water tanks supported directly on grade if the capacity does not
exceed five thousand (5,000) gallons (18,925 L) and the ratio of height to diameter
or width does not exceed two (2) to one (1).
vi. Sidewalks, decks and driveways not more than thirty inches
(30”) (762 mm) above grade and not over any basement or story below and which
are not part of an accessible route.
vii. In‐kind re‐roofing of one (1) ‐ and two (2) ‐ family dwellings
provided the roof sheathing is not removed or replaced.
viii. Painting, non‐structural wood and vinyl siding, papering, tiling,
carpeting, cabinets, counter tops and similar finish work, provided that existing,
required accessible features are not altered.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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ix. Temporary motion picture, television and theater stage sets and
scenery.
x. Prefabricated swimming pools accessory to one (1) ‐ and two (2)
‐ family dwellings or Group R‐3 occupancy which are less than twenty‐four inches
(24”) (610 mm) deep, do not exceed five thousand (5,000) gallons (18,925 L) and
are installed entirely above ground.
xi. Shade cloth structures constructed for garden nursery or
agricultural purposes and not including service systems.
xii. Swings, slides and other similar playground equipment.
xiii. Window awnings supported by an exterior wall which do not
project more than fifty‐four inches (54”) (1,372 mm) from the exterior wall and do
not require additional support of a one (1) ‐ and two (2) ‐ family dwelling or a
Group R‐3 or U occupancy.
xiv. Movable cases, counters and partitions not over five feet nine
inches (5’9”) (1,753 mm) in height.
xv. Satellite earth station antennas six and one‐half feet (6‐1/2’) (2
m) or less in diameter in zones other than residential zones.
xvi. Satellite earth station antennas three and one quarter (3‐1/4’)
(1 m) or less in diameter in residential zones.
xvii. Video programming service antennas three and one quarter
feet (3‐1/4’) (1 m) or less in diameter or diagonal dimension, regardless of zone.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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xviii. Replacement of nonstructural siding on IRC structures except
for veneer, stucco or exterior finish and insulation systems (EFIS).
xix. Window and door replacement for IRC structures where
openings are not increased, U‐Value is .30 or less, safety glass is installed in
hazardous locations, and the openable portion of egress window in bedrooms and
basements are not decreased in any dimension.
xx. Job shacks that are placed at a permitted job site during
construction may be allowed on a temporary basis and shall be removed upon
final approval of construction. A job shack is a portable structure for which the
primary purpose is to house equipment and supplies, and which may serve as a
temporary office during construction for the purposes of the construction activity.
d. Electrical.
i. Portable motors or other portable appliances energized by means
of a cord or cable having an attachment plug end to be connected to an approved
receptacle when that cord or cable is permitted by the National Electrical Code.
ii. Repair or replacement of fixed motors, transformers or fixed
approved appliances or devices rated fifty amps or less which are like‐in‐kind in
the same location.
iii. Temporary decorative lighting, when used for a period not to
exceed ninety (90) days and removed at the conclusion of the ninety (90) ‐ day
period.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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iv. Repair or replacement of current‐carrying parts of any switch,
conductor or control device which are like‐in‐kind in the same location.
v. Repair or replacement of attachment plug(s) and associated
receptacle(s) rated fifty (50) amperes or less which are like‐in‐kind in the same
location.
vi. Repair or replacement of any over‐current device which is like‐
in‐kind in the same location.
vii. Repair or replacement of electrodes or transformers of the
same size and capacity for signs or gas tube systems.
viii. Removal of electrical wiring.
ix. Telecommunications Systems as follows:
(a) Telecommunications outlet installations within individual
dwelling units.
(b) The installation or replacement of cord and plug connected
telecommunications equipment or for patch cord and jumper cross‐connected
equipment.
x. Listed wireless security systems where power is supplied by a
listed Class 2 plug in transformer installed within dwelling units.
xi. A permit shall not be required for the installation, alteration or
repair of electrical wiring, apparatus or equipment or the generation,
transmission, distribution or metering of electrical energy or in the operation of
AGENDA ITEM #1. a)
ORDINANCE NO. ________
7
signals or the transmission of intelligence by a public or private utility in the
exercise of its function as a serving utility.
xii. Portable generators serving only cord and plug connected loads
supplied through receptacles on the generator rated at four thousand (4,000)
watts or less.
xiii. Travel trailers.
xiv. Like‐in‐kind replacement of a: contactor, relay, timer, starter,
circuit board, or similar control component; household appliance; circuit breaker;
fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet;
thermostat; heating element; luminaire ballast with an exact same ballast;
component(s) of electric signs, outline lighting, skeleton neon tubing when
replaced on‐site by an appropriate electrical contractor and when the sign, outline
lighting or skeleton neon tubing electrical system is not modified; ten (10)
horsepower or smaller motor; and induction detection loops described in WAC
296‐46B‐300(2) and used to control gate access devices.
xv. Low‐voltage circuits for built‐in residential vacuum systems,
underground landscape sprinkler systems and residential garage doors.
xvi. Low‐voltage circuits for underground landscape lighting when
power supplying the installation is derived from a listed Class 2 power supply and
the installation isn’t covered under Article 680 of the NEC for swimming pools,
fountains and similar installations.
e. Mechanical.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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i. Portable heating, cooking, or clothes drying appliances.
ii. Portable ventilation equipment.
iii. Portable cooling unit.
iv. Steam, hot or chilled water piping within any heating or cooling
equipment regulated by the Construction Codes.
v. Replacement of any part which does not alter its approval or
make it unsafe.
vi. Portable evaporative cooler.
vii. Self‐contained refrigeration system containing ten (10) pounds
(4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746
W) or less.
viii. Portable fuel cell appliances that are not connected to a fixed
piping system and are not interconnected.
f. Plumbing.
i. The stopping and/or repairing of leaks in drains, water, soil, waste
or vent pipe provided, however, that should any concealed trap, drain pipe, water,
soil, waste or vent pipe become defective and it becomes necessary to remove
and replace the same with new material, the same shall be considered as new
work and a permit shall be obtained and inspection made as provided in the
Construction Codes.
ii. The clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures and the removal and reinstallation of water closets, provided such
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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repairs do not involve or require replacement or rearrangement of valves, pipes
or fixtures.
iii. Reinstallation or replacement of prefabricated fixtures that do
not involve or require the replacement or rearrangement of valves or pipes.
SECTION II. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2018.
Denis Law, Mayor
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2056:2/22/19:scr
AGENDA ITEM #1. a)