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HomeMy WebLinkAboutORD 5676CITY OF RENTON, WASHINGTON ORDINANCE NO. 5676 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-1-080, 4-1-100, 4-1-110, 4-1-140, 4-1-170, 4-1-200, 4-1-210, 4-1- 220, 4-1-230 AND 4-1-240 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, SECTIONS 4-2-020, 4-2-060, 4-2-110, 4-2-115, 4-2-120 AND 4-2- 130 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, SECTIONS 4-3- 040, 4-3-050, 4-3-080, 4-3-100 AND 4-3-110 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, SECTIONS 4-4-010, 4-4-030, 4-4-040, 4-4-060, 4-4-070, 4-4-075, 4-4-080, 4-4-090, 4-4-095, 4-4-100, 4-4-110, 4-4-130 AND 4-4-140 OF CHAPTER 4, CITY-WIDE DEVELOPMENT REGULATIONS, SECTIONS 4-5-050, 4-5-055, 4-5-070, 4-5-090, 4-5-120 AND 4-5-130 OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, SECTIONS 4-6-020, 4-6-030, 4-6-060 AND 4-6-090 OF CHAPTER 6, STREET AND UTILITY STANDARDS, SECTIONS 4-7-020, 4-7-030, 4-7-050, 4-7-060, 4-7-070, 4-7-080, 4-7-110, 4-7- 150, 4-7-160 AND 4-7-230 OF CHAPTER 7, SUBDIVISION REGULATIONS, SECTIONS 4-8-070, 4-8-080, 4-8-100, 4-8-110 AND 4-8-120 OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, SECTIONS 4-9-015, 4-9-020, 4-9-025, 4-9- 060, 4-9-065, 4-9-090, 4-9-100, 4-9-110, 4-9-150, 4-9-160, 4-9-180, 4-9-240 AND 4-9-250 OF CHAPTER 9, PERMITS - SPECIFIC, SECTION 4-10-050 OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS, AND SECTIONS 4-11- 010, 4-11-020, 4-11-030, 4-11-040, 4-11-060, 4-11-080, 4-11-110, 4-11-120, 4- 11-130, 4-11-160, 4-11-180, 4-11-190, 4-11-210 AND 4-11-230 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY MAKING TECHNICAL CORRECTIONS TO TITLE IV, AND ADDING, AMENDING AND DELETING DEFINITIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-1-080A, Administrative Interpretation, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. ADMINISTRATIVE INTERPRETATION: 1 ORDINANCE NO. 5676 1. General: The Community and Economic Development Administrator or designee, is hereby authorized to make interpretations regarding the implementation of unclear or contradictory regulations contained in this Title. Any interpretation of the Renton Title IV Development Regulations shall be made in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are assumed to prevail over other regulations. 2. Zoning Conflicts: In the event that there is a conflict between either the development standards or special development standards listed in chapter 4-2 RMC, Zoning Districts - Uses and Standards, and the standards and regulations contained in another Section, the Community and Economic Development Administrator, or dosignoo, shall determine which requirement shall prevail in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are assumed to prevail over other regulations. SECTION II. Subsection 4-1-100B, Responsibility and Authority, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. RESPONSIBILITY AND AUTHORITY: The Community and Economic Development Administrator Development Sorvices Diroctor, or his/hor designee, shall be authorized to enforce the 2 ORDINANCE NO. 5676 provisions of Title 4 of the Renton Municipal Code. The Director Administrator shall also enforce any implementing administrative rules, administration, and approval conditions attached to any land use approval, through revocation or modification of permits, or through the enforcement, penalty and abatement provisions of eChapter 1-3 RMC, Remedies and Penalties. SECTION III. Subsection 4-1-110D.2 of subsection 4-1-110D, Authority to Revoke or Modify a Permit or Land Use Approval, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. The Community and Economic Development Administrator may, for cause, revoke or modify any permit or other land use approval issued by the Administrator, or a designee. SECTION IV. Section 4-1-140, Refund of Building Division Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-1-140 REFUND OF DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BUILDING DIVISION FEES: A. AUTHORITY TO REFUND FEES: The Administrator Dovolopmont Sorvicos Director may authorize the refunding of anw-all or a portion of the fees paid hereunder which were erroneously paid or collected. B. AMOUNT REFUNDED: 3 ORDINANCE NO. 5676 1. Land Use Permit Application Fee: Duo to tho City's cost in screening, nrrpptinrj, nnri initinl procession of land use applications Based upon an evaluation of the amount of work expended, the Administrator Development Sorvicos Director may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no substantial processing work has been done on the application, undor a permit issued in accordance with this Code. 2. Building and Public Works Application Plan Roviow Fees: Due to the City's cost in screening, accopting, and initial processing of land uso applications, tThe Administrator Dovolopmont Sorvicos Diroctor may authorize the refunding of not more than eighty percent (80%) of the plan review fees paid when an application applicant for a pormit for which a plan roviow foo has boon paid is withdrawn or cancelled before any substantial work plan roviow effort has been expended. C. METHOD OF OBTAINING REFUND AND TIME: The Administrator Dovolopmont Services Diroctor shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of the fee payment. SECTION V. Section 4-1-170, Refund of Land Use Application Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby repealed. 4 ORDINANCE NO. 5676 SECTION VI. Subsection 4-1-220B.1, Administrator, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. "Administrator" means tho Administrator of the Department of Community and Economic Development Administrator, or any other City office, department or agency that shall succeed to its functions with respect to this Section, or his or her authorized designee. SECTION VII. Subsection 4-1-200D of section 4-1-200, Extra Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. Any general administrative costs when directly attributable to the project. Such fees shall be charged only to the extent incurred beyond that normally incurred for processing an application. When the application or development plans are modified so as to require additional review by the City beyond the review normally required for like projects, at the discretion of the Development Sorvicos Director Community and Economic Development Administrator, an additional fee may be charged at seventy-five dollars ($75.00) per hour. SECTION VIII. Subsections 4-1-210B.4, Application Process, and 4-1-210B.5, Restrictive Covenant, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) 5 ORDINANCE NO. 5676 of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: 4. Application Process: Persons who intend to apply for the owner- occupied housing incentive fee waivers must disclose their intent to apply for waived fees prior to or by the administrative Ssite Pplan Development Rreview period. The application for waived fees must be made to the Planning Director Community and Economic Development Administrator (or any other City office, department or agency that shall succeed to its functions with respect to this Section, or his or her authorized designee) at the time of the land use application, unless otherwise approved by City Council. 5. Restrictive Covenant: All residential units which obtain a successful fee waiver must contain a restrictive covenant indicating that the units will be platted or will be restricted to condominium housing. After review and approval of the waiver by the City Council and the review and approval of the restrictive covenant by the Planning Director Community and Economic Development Administrator or his/her designee, the restrictive covenant must be executed and recorded at the applicant's expense prior to the issuance of the building permit for the project, unless otherwise approved by City Council. Failure to timely execute and record the covenant will result in the applicant being responsible for any and all applicable fees and interest accrued as a result of the delay. 6 ORDINANCE NO. 5676 SECTION IX. Subsections 4-1-210C.5, Application Process, and 4-1-210C.6, Restrictive Covenant, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: 5. Application Process: Persons who intend to apply for the rental housing incentive fee waivers must disclose their intent to apply for waived fees prior to or by the administrative Ssite Pplan Development Rr-eview period. The application for waived fees must be made to the Planning Director Communitv and Economic Development Administrator (or any other City office, department or agency that shall succeed to its functions with respect to this Section, or his or her authorized designee) at the time of the land use application, unless otherwise approved by City Council. 6. Restrictive Covenant: All projects which obtain a fee waiver as affordable housing under subsection C4bi of this Section must contain a restrictive covenant indicating that at least fifty percent (50%) of the units will be set aside and rented as affordable housing. After review and approval of the waiver by the City Council and the review and approval of the restrictive covenant by the Planning Diroctor Community and Economic Development Administrator or his/hor dosignoo, the restrictive covenant must be executed and recorded at the applicant's expense prior to the issuance of the building permit for the project, unless otherwise approved by City Council. Failure to timely execute and record the covenant will result in the applicant being 7 ORDINANCE NO. 5676 responsible for any and all applicable fees and interest accrued as a result of the delay. SECTION X. Subsection 4-1-230A, City Approval Required, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. CITY APPROVAL REQUIRED: All sureties posted with the City shall be approved as to form by the City Attorney and approved by the appropriate Administrator as to amount and adequacy. Sureties for Public Works Construction Permits and Future Public Works Street/Utility Maintenance Requirements shall be approved by the Public Works Administrator and all other sureties shall be approved by the Community and Economic Development Administrator. The City's decision as to the acceptability of the security shall be conclusive. SECTION XI. Subsection 4-1-230D.7, City Approval Required Prior to Transfer of Responsibility, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7. City Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitution of one party for another on any security if the Reviewing Official Administrator feels that the new owner does 8 ORDINANCE NO. 5676 not provide sufficient security to the City that the improvements will be installed when required. SECTION XII. Subsection 4-1-240B, Public Trail or Park Improvements or Fee-ln-Lieu of Common Open Space, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. PUBLIC TRAIL OR PARK IMPROVEMENTS OR FEE-IN-LIEU FOR COMMON OPEN SPACE: Improvements to public trails, public parks, or payment of a fee may occur to reduce common open space requirements, if approval for such substitution is accepted by the Community Services Department and granted—by tho Administrator or dosignoo. 1. Public Trail Improvement in Lieu of Common Open Space: The requirements for open space may be reduced where public trail improvements are being provided. On-site public trail improvements may occur as a substitute to common open space requirements on a square footage basis, provided the trail has been identified in the Renton Trails and Bicycle Master Plan or the Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. Trails shall be constructed by the developer to standards specified by the Community Services Department and dedicated to and accepted by the City of Renton as a public trail prior to fFinal pPlat recording or sShort pfjat recording, or building permit final occupancy for non-subdivision projects. 9 ORDINANCE NO. 5676 2. Public Park Improvement in Lieu of Common Open Space: The requirements for open space may be reduced where public park improvements are being provided. On-site public park improvements may occur as a substitution to common open space requirements on a square footage basis provided the park has been identified in the Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. The park shall be constructed by the developer to standards specified by the Community Services Department and dedicated to and accepted by the City of Renton as a public park prior to f-Final pPlat recording or sShort pPlat recording, or building permit final occupancy for non-subdivision projects. 3. Fee in Lieu of Common Open Space: A fee-in-lieu may occur as a substitute to common open space requirements; provided, that an off-site public park is within one-quarter (1/4) mile of the site proposed for development, safe and easy pedestrian access is provided to such public park, and the public park shall be an integral part of the design approach of the development. a. Fee Calculation: The fee shall be the equivalent of the monetary value of the required improvements for common open space plus the monetary value of the land area required to be placed in common open space. The project applicant shall provide the City with an estimate of the improvement value and an appraisal for the value of the land for the identified intended use with utilities and other non-structural improvements. The total monetary value of the fee-in- lieu shall be approved by the Community Services Department. 10 ORDINANCE NO. 5676 b. The fee shall be paid prior to ffjnal pPlat recording or final sShort pfjat recording or building permit issuance for non-subdivision projects. SECTION XIII. Subsection 4-2-020A, General, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. GENERAL: Reviewing Official aApproval of projects in the zones is contingent upon the determination that the proposed developments are consistent with the purpose of the zone and the purpose and intent of the land use designations and guiding policies of the Comprehensive Plan. The Comprehensive Plan Land Use Element policies for each corresponding zone classification and all the Elements of the Comprehensive Plan shall be used together with the purpose statements for each zone and map designation set forth in the following sections to guide interpretation and application of land use regulations within the zones and designations and any changes to the range of permitted uses within each zone through amendments to the code. SECTION XIV. Subsection 4-2-020J, Commercial Neighborhood Zone (CN), of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: J. COMMERCIAL NEIGHBORHOOD ZONE (CN): 11 ORDINANCE NO. 5676 The purpose of the Commercial Neighborhood Zone (CN) is to provide for small-scale convenience retail/commercial areas offering incidental retail and service needs for the adjacent surrounding area. Uses serving a larger area may be appropriate if they also serve the residents of the immediate area and are compatible with the scale and character of the neighborhood. This designation is the smallest and least intensive of the City's commercial zones. SECTION XV. The Manufactured Homes subsection of subsection 4-2-060C, Residential, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. RC R-l R-4 R-8 RMH R-10 R-14 RM MANUFACTURED HOMES Manufactured Homes P50 P50 P50 P50 P50 P50 Manufactured Homes, designated P-P- Mobile Homes SECTION XVI. The Private Street Improvements subsection of subsection 4-2-110C, Development Standards for Residential Manufactured Home Park Zoning Designation, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATION INDIVIDUAL MANUFACTURED HOME SPACES Primary and Attached Accessory DETACHED ACCESSORY STRUCTURES5 12 ORDINANCE NO. 5676 Structures PRIVATE STREET IMPROVEMENTS On-Site Asphaltic or concrete streets and NA NA Private concrete curbings shall be provided to Streets, each lot. The minimum width of streets Curbs and shall be 30 ft. Concrete sidewalks of at Sidewalks least 5 ft. in width shall be placed along at least 1 side of each street or located in the back or side of each lot so that there is sidewalk access to all lots. Illumination: The—Reviewing—Official shall approve a A street lighting plan NA NA shall be approved if it providesme sufficient illumination between sunset and sunrise to illuminate adequately the roadways and walkways within a mobile home park. — SECTION XVII. Subsection 4-2-110D.l.b of subsection 4-2-110D, Conditions Associated With Development Standards Table For Residential Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. In the event the applicant can show that minimum density cannot be achieved due to lot configuration, lack of access, environmental or physical constraints, minimum density requirements may be waived by the Reviewing Official. 13 ORDINANCE NO. 5676 SECTION XVIII. Subsections 4-2-110D.3, 4-2-110D.9, 4-2-110D.10, 4-2-110D.il, 4-2- 110D.12, 4-2-110D.18, 4-2-110D.19, 4-2-110D.20 and 4-2-110D.21 of subsection 4-2-llOD, Conditions Associated With Development Standards Table For Residential Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown below. The rest of the subsection shall remain as currently codified, except as modified in SECTION XVIII of this ordinance. 3. Within designated urban separators, clustering is required; individual lots shall not be less than ten thousand (10,000) square feet and development shall be consistent with RMC 4-3-110, Urban Separator Overlay Regulations. Outside of designated urban separators, clustering may be allowed in order to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service. The maximum net density shall not be exceeded; except within urban separators a density bonus may be granted allowing the total density to achieve one (1) dwelling unit per gross contiguous acre. In order for the bonus to be allowed, projects must provide native vegetation cover (either existing or new) on sixtyz five percent (65%) of the gross area of all parcels in the land use action, including both the area within and outside the open space corridor. In addition, projects shall provide at least one (1) of the following: a. Enhancement of wetlands at a ratio of one-half (1/2) acre enhanced for one (1) acre delineated within the urban separator pursuant to 14 ORDINANCE NO. 5676 RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands Chosen for Enhancement. Enhancement proposed for a density bonus may not also be used for a mitigation for other wetland alterations; or b. The removal of and/or bringing into conformance with Renton standards of legal nonconforming uses from the site; or c. Natural surface pedestrian trails with public access. The trails can be part of an adopted trail system or, where there is no planned trail system, of a configuration approved by the Administrator of tho Dopartmont of Community and Economic Development Administrator or dosignoo. In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be provided and approved by the Administrator of tho Dopartmont of Community and Economic Development Administrator or dosignoo. 9. Public facilities are allowed the following height bonus: a. Water towers/reservoirs are permitted up to a maximum height of one hundred seventy;five feet (175') to the highest point of the reservoir. b. Water treatment facilities and pump stations are allowed up to fifty feet (50') subject to Ssite Pjafan Development Rr-eview. The Reviewing Official may modify setback standards may be modified to increase setbacks as part of the Ssite Pplan Development Rfeview approval. c. Public utility facilities exceeding 50 fifty feet (50') in height shall be treated with public art consistent with RMC 4-9-160. Such public art shall be 15 ORDINANCE NO. 5676 eligible for one percent (1%) for art funding and shall be reviewed by the Renton Municipal Arts Commission. d. Structures on Public Suffix (P) properties are permitted an additional fifteen feet (15') in height above that otherwise permitted in the zone if "pitched roofs," as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, the height of a publicly owned structure may be increased as follows: i. When abutting a public street, one (1) additional foot of height for each additional one and one-half feet (1-1/2') of perimeter building setback beyond the minimum street setback required; or ii. When abutting a common property line, one (1) additional foot (1') of height for each additional two feet (2') of perimeter building setback beyond the minimum required along a common property line. 10. Small lot clusters of up to a maximum of fifty (50) lots shall be allowed within the R-4 zone, when at least thirty percent (30%) of the site is permanently set aside as "significant open space." Such open space shall be situated to act as a visual buffer between small lot clusters and other development in the zone. The percentage of open space required may be reduced by the reviewing official to twenty percent (20%) of the site when: a. Public access is provided to open space; and b. Soft surface trails are provided within wetland buffers; and 16 ORDINANCE NO. 5676 c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and enhanced to allow passive and/or active recreation. All portions of a site that are not dedicated to platted single family lots or a dedicated right-of-way shall be set in a separate tract and/or tracts to preserve existing viable stands of trees or other native vegetation. The tract may also be used as a receiving area for tree replacement requirements in accordance with RMC 4-4-130H. Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, they shall be replaced in accordance with RMC 4-4-130H. 11. Approval for ll-ot size, width, and depth reductions may be approved reduced by tho Reviewing Official when, due to lot configuration or access, four (4) dwelling units per net acre cannot be achieved. The reduction shall be the minimum needed to allow four (4) dwelling units per net acre and shall be limited to the following minimum dimensions: Lot size - seven thousand two hundred (7,200) sq. ft. Lot width - sixty feet (60'). Lot depth - seventy feet (70'). 17 ORDINANCE NO. 5676 12. When lot size is reduced for the purpose of achieving maximum density, reduced setbacks may also be approved roducod by the Reviewing Official. Setback reductions shall be limited to the following: Front - twenty feet (20'). Side yard along a street - fifteen feet (15') primary structure, twenty feet (20') attached garage with access from the side yard. 18. Front and rear setbacks in the RM-U Zone may be reduced to zero feet (0') by the Reviewing Official during the Ssite Dd-evelopment Pplan Rfeview process provided the applicant demonstrates that the project will provide a compensatory amenity such as an entryway courtyard, private balconies or enhanced landscaping. 19. If the structure located in the RM-U Zone exceeds forty feet (40') in height, a fifteen foot (15') front setback from the property line shall be required of all portions of the structure which exceed forty feet (40'). This requirement may be modified by the Reviewing Official during the Ssite Ddevelopment Pplan Rfeview process to a uniform five foot (5') front setback for the entire structure; provided, that the structure provides a textured or varied facade (e.g., multiple setbacks, brickwork and/or ornamentation) and consideration of the pedestrian environment (e.g., extra sidewalk width, canopies, enhanced landscaping). 20. In the 'F' District, an additional ten feet (10') height for a residential dwelling structure may be obtained through the provision of additional amenities such as pitched roofs, additional recreation facilities, underground 18 ORDINANCE NO. 5676 parking, and additional landscaped open space areas; as determined through the Ssite Ddevelopment Pplan Rfeview process and depending on the compatibility of the proposed buildings with adjacent or abutting existing residential development. In no case shall the height of a residential structure exceed forty fivezfeet (45'). 21. The Administrator of the Department of Community and Economic Development Administrator or designee may modify this provision through the Ssite Ddevelopment Pplan Rfeview process where it is determined that specific portions of the required on-site perimeter landscaping strip may be developed and maintained as a usable public open space with an opening directly to a public entrance. SECTION XIX. Subsection 4-2-115A.2 of subsection 4-2-115A, Purpose, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. This Section lists elements that are required to be included in all residential development in the zones stated in subsection B of this Section. Each element includes both standards, as well as guidelines. In order to provide predictability, standards are provided. These standards specify a prescriptive manner in which the requirement can be met. In order to provide flexibility, guidelines are also stated for each element. These guidelines provide direction 19 ORDINANCE NO. 5676 for those who seek to meet the required element in a manner that is different from the standards. a. The determination as to the satisfaction of the requirement through the use of the guidelines is to be made by the Reviewing Official Communitv and Economic Development Administrator when no other permit or approval requires Hearing Examiner review. b. When the Reviewing Official it has been determined that the proposed manner of meeting the design requirement through guidelines is sufficient, the applicant shall have satisfied that design requirement. SECTION XX. Subsection 4-2-115E.2, Authority, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Authority: The Reviewing—Official Administrator shall have the authority to approve, approve with conditions, or deny proposals based upon the provisions of these design regulations when no other permit or approval requires Hearing Examiner review. In rendering a decision, tho Official will consider ^Proposals will be considered on the basis of individual merit, w4tt consider the overall intent of the standards and guidelines, and encourage creative design alternatives will be encouraged in order to achieve the purposes of the design regulations. SECTION XXI. Subsection 4-2-120C.3 of subsection 4-2-120C, Conditions Associated With Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning 20 ORDINANCE NO. 5676 Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. These provisions may be modified by tho Reviewing Official through the Ssite Ddevelopment Pplan Rfeview process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. SECTION XXII. Subsection 4-2-120C.5 of subsection 4-2-120C, Conditions Associated With Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. The Reviewing Official may modify the sight-obscuring provision may be modified in order to provide reasonable access to the property through the Ssite Ddevelopment Ppfan Rfeview process. SECTION XXIII. Subsection 4-2-120C.10 of subsection 4-2-120C, Conditions Associated With Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 10. Heights may exceed the maximum height under an Administrative conditional use permit. 21 ORDINANCE NO. 5676 In consideration of a request for a conditional use permit for a building height in excess of ninety-five feet (95') the Administrator of tho Department of Community and Economic Development Administrator and/or dosignoo shall consider the following factors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant information: a. Location Criteria: Proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c. Effect on Adjacent or Abutting Properties: Buildings in excess of ninetyzfive feet (95') in height at the proposed location shall not result in substantial or undue adverse effects on adjacent or abutting property. When a building in excess of ninety-five feet (95') in height is adjacent or abutting to a lot designated residential on the City Comprehensive Plan, then setbacks shall be equivalent to the requirements of the adjacent or abutting residential zone. d. Bulk: Buildings near public open spaces should permit public access and, where feasible, physical access to the public open space. Whenever practicable, buildings should be oriented to minimize the shadows they cause on publicly accessible open space. 22 ORDINANCE NO. 5676 e. Light and Glare: Due consideration shall be given to mitigation of light and glare impacts upon streets, major public facilities and major public open spaces. SECTION XXIV. Subsection 4-2-120C.15 of subsection 4-2-120C, Conditions Associated With Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 15. The maximum setback may be modified by the Reviewing Official through the Ssite Ddevelopment Pplan Rfeview if the applicant can demonstrate that the Ssite Ddevelopment Pplan meets the following criteria: a. Orients development to the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC), encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and c. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. 23 ORDINANCE NO. 5676 Alternatively, the Reviewing Official may also modify the maximum setback requirement may be modified if the applicant can demonstrate that the preceding criteria cannot be met; however, those criteria which can be met shall be addressed in the Ssite Ddevelopment Pp-lan: d. Due to factors including but not limited to the unique site design requirements or physical site constraints such as critical areas or utility easements the maximum setback cannot be met; or e. One (1) or more of the above criteria would not be furthered or would be impaired by compliance with the maximum setback; or f. Any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. SECTION XXV. Subsection 4-2-120C.16 of subsection 4-2-120C, Conditions Associated With Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 16. The following height requests may be allowed by an Administrative conditional use permit: APPLICABLE ZONE HEIGHT CHANGE REQUEST All of the CV Zone Exceed height of 50 feet All of the CV Zone Exceed height of 45 feet when abutting R-8 or R-10 Zone All of the CA Zone Exceed maximum height 24 ORDINANCE NO. 5676 In consideration of a request for a_conditional use permit for additional building height, tho Reviewing Official shall consider all relevant information,- and the following factors shall be considered along with the criteria in RMC 4-9-030, Conditional Use Permits. a. Location Criteria: Proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c. Effect on Adjacent and Abutting Properties: Building heights shall not result in substantial or undue adverse effects on adjacent and abutting property. When a building in excess of the maximum height is proposed adjacent to or abuts a lot designated R-1, R-4, R-8, R-10, R-14 or RM-F, then the setbacks shall be equivalent to the requirements of the adjacent residential zone if the setback standards exceed the requirements of the Commercial Zone. SECTION XXVI. Subsection 4-2-120C.18, Allowed Projections Into Setbacks, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 18. Allowed Projections into Setbacks: 25 ORDINANCE NO. 5676 a. Steps, and decks having no roof and being not over forty=two inches (42") high may be built within a front yard setback. b. Eaves and cornices may project up to twentyzfour inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a distance of thirty feet (30') from the rear lot line may also occupy the side yard setback of an inside lot line. d. Where below-grade structures are permitted to have zero {0} front yard/street setbacks, structural footings may minimally encroach into the public right-of-way, subject to approval of the Community and Economic Development Administrator or dosignoo. SECTION XXVII. Subsection 4-2-120F.5.d of subsection 4-2-120F.5, Allowed Projections into Setbacks, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. Where below-grade structures are permitted to have zero {0] front yard/street setbacks, structural footings may minimally encroach into the public right-of-way, subject to approval of the Planning/Building/Public Works Administrator or his/hor designee. SECTION XXVIII. The Setbacks subsection of subsection 4-2-130A, Development Standards for Industrial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of 26 ORDINANCE NO. 5676 General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. IL IM IH SETBACKS8 11 Minimum Front Yard Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned R-1, R-4, R-8, RMH, R- 10, R-14, or RM. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned R-1. R-4, R-8, RMH, R-10, R- 14, or RM. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Minimum Side Yard Along A Street Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned R-1, R-4, R-8, RMH, R- 10, R-14, or RM. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned R-1. R-4, R-8, RMH, R-10, R- 14, or RM. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Minimum Freeway Frontage Setback 10 ft. landscaped setback from the property line. 10 ft. landscaped setback from the property line. 10 ft. landscaped setback from the property line. Minimum Rear and Side Yardsil- None, except 20 ft. if lot abuts of is adjacent to or abutting a residential zone, R-1, R-4, R-8, RMH, R-10, R-14, or RM; which may be reduced to 15 ft. through the Ssite Pplan Ddevelopment Rreview process. None, except 50 ft. if lot abuts or is adjacent to or abutting a residential zone, R-1, R-4, R-8, RMH, R-10, R-14, or RM. None, except, 50 ft. if lot abuts a lot zoned R-1, R-4, R-8, R-10, R-14, or RM-I. 20 ft. if lot abuts a lot zoned CN, CV, CA, CD, CO, COR, or P- Suffix. Ciear Vision In no case shall a structure In no case shall a In no case shall a 27 ORDINANCE NO. 5676 Area over 42 in. in height intrude structure over 42 in. in structure over 42 in. into the 20 ft. clear vision area height intrude into the in height intrude into defined in RMC 4-11-030. 20 ft. clear vision area the 20 ft. clear vision defined in RMC 4-11-area defined in RMC 030. 4-11-030. SECTION XXIX. Subsection 4-2-130B.2 of subsection 4-2-130B, Conditions Associated with Development Standards Table for Industrial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. These provisions may be modified by tho Reviewing Official through the Ssite Ddevelopment Pplan Rfeview where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., which have not been fully planned at the time of Ssite Pplan Development Rfeview. SECTION XXX. Subsection 4-2-130B.6 of subsection 4-2-130B, Conditions Associated with Development Standards Table for Industrial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. The Roviowing Official may waive the sight-obscuring provision may be waived in order to provide reasonable access to the property through the Ssite Pplan Development Rfeview process. 28 ORDINANCE NO. 5676 SECTION XXXI. The Customer Parking and Automall Right-of-Way Improvement Plan Coordination rows of subsection 4-3-040D, Development Standards for Uses Located Within the Renton Automall - Areas A and B, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown below. The rest of the table shall remain as currently codified. ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN AREA B NON-DEALERSHIPS AND RELATED USES IN AREA B CUSTOMER PARKING Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with adjacent abutting dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. AUTOMALL RIGHT- OF-WAY IMPROVEMENT PLAN COORDINATION Once complctod, all dDevelopment shall be coordinated with a the adopted right-of-way improvement plan. A right of Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with adjacent abutting dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. way improvement plan shall bo completed by tho City in coordination with adjacent proporty owners, and shall which addresses gateways, signage, landscaping, and shared access. Once completed, all dDevelopment shall be coordinated with a the adopted right-of-way improvement plan. A right of •way improvomont plan shall be completed by the City in coordination with adjacent proporty owners, and shall which addresses_ gateways, signage, landscaping, and shared access. SECTION XXXII. Subsection 4-3-050C.5.c.ii, Existing/Ongoing Agricultural Activities, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development 29 ORDINANCE NO. 5676 Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. EXEMPT ACTIVITIES - PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS EXEMPT ACTIVITY Aquifer Protection Area Flood Hazard Area Geologic Hazard Area Habitat Conservation Area Streams and Lakes: Class 2 to 4 Wetlands c. Agricultural, Harvesting, Vegetation Management: ii. Existing/Ongoing Agricultural Activities: Existing and ongoing agricultural activities including farming, horticulture, aquaculture and/or maintenance of existing irrigation systems. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation; provided, thatthe agricultural activity must have been conducted within the last five J5) years. Activities that bring a critical area into agricultural use are not part of an ongoing operation. Maintenance of existing legally installed irrigation, ditch and pipe systems is allowed; new or expanded irrigation, X X X X X 30 ORDINANCE NO. 5676 ditch, outfall or other systems are not exempt. If it is necessary to reduce the impacts of agricultural practices to critical areas, the Responsible Official may roquiro a farm management plan may be required based on the King County Conservation District's Farm Conservation and Practice Standards, or other best management practices. SECTION XXXIII. Subsection 4~3-050C.7.a.i(3) of subsection 4-3-050C.7.a.i, Trails and Open Space, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. (3) Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area adjacent to abutting a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required. SECTION XXXIV. Subsection 4-3-050D, Administration and Interpretation, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of 31 ORDINANCE NO. 5676 Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. ADMINISTRATION AND INTERPRETATION: 1. General Provisions - All Critical Areas: a. Duties of Administrator: The Community and Economic Development Administrator or dosignoo shall have the power and authority to enforce the provisions of this Section. For such purposes the Dopartmont Administrator shall have the power of a law enforcement officer. b. Interpretation: The Dopartmont Administrator shall have the power to render interpretations of this Section and to adopt and enforce rules and regulations supplemental to this Section as he/she may deem necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Section. c. Compliance: Unless specifically exempted by this Section, the City shall not grant any approval or permit any regulated activity in a critical area or associated buffer prior to fulfilling the requirements of this Section. d. Reviewing Official: Wherever roforoncod in this Section, Reviewing Official refers to tho decision-making official or body authorized to grant permit approval for an activity. 2. Aquifer Protection: 32 ORDINANCE NO. 5676 a. Inspections Authorized: The Dopartmont Administrator or his/hor dosignoo shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Section. i. Annual Inspections: All permitted facilities in an APA will be subject to a minimum of one {ljjnspection per year by a Department inspector or dosignoo. ii. Monthly Inspections: All permitted facilities in Zone 1 of the aquifer protection area will be subject to monthly inspections to determine compliance with the provisions of the Section. b. Potential to Degrade Groundwater-Zone 2: i. Potential for Impacts Equal to Facility in Zone 1: If the Department Administrator determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Department Administrator may require that facility to fully comply with requirements for Zone 1 contained in subsections Clai, Development Permits, C8di, Zone 1, H2, Facilities, H4, Wastewater Disposal Requirements - Zones 1 and 2, and H6, Pipeline Requirements, C8d(i), Prohibited Activitios - APA Zono 1, and Cla(i), Aquifer Protection Aroas, Complianco with Section, Dovolopmont Permits Regulations. ii. Criteria: Criteria used to make the determination in subsection D2b(i) of this Section, Potential for Impacts Equal to Facility in Zone 1, shall 33 ORDINANCE NO. 5676 include but not be limited to the present and past activities conducted at the facility; types and quantities of hazardous materials stored, handled, treated, used or produced; the potential for the activities or hazardous materials to degrade groundwater quality; history of spills at the site, and presence of contamination on site. 3. Flood Hazards: a. Duties and Responsibilities of the Department Administrator e* Dosignoo: The duties of the Department Administrator or his/her dosignoo shall include, but not be limited to: i. Review all development permits to determine that the permit requirements of this Section have been satisfied; and ii. Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; and iii. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 14 of this Section, Additional Restrictions within Floodways, are met; and iv. Obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, when base flood elevation data has not been provided in accordance with subsection llbi of 34 ORDINANCE NO. 5676 this Section in order to administer subsection 13, Specific Standards, and subsection 14, Additional Restrictions Within Floodways. b. Information to Be Obtained and Maintained: The Department Administrator or his/hor dosignoo shall obtain and maintain the following information: i. Record Required: Where base flood elevation data is provided through the flood insurance study or required as in subsection D3a(iv) of this Section, use of other base flood data, the applicant shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. ii. Elevations and Certificates: For all new or substantially improved floodproofed structures: (a) The applicant shall verify and record the actual elevation (in relation to mean sea level); and (b) The Dopartmont Administrator or his/hor dosignoo shall maintain the floodproofing certifications required in RMC 4-8-120D6, Flood Hazard Data; and (c) Flood elevation certificates shall be submitted by an applicant to the Development Services Division prior to the building^ finished floor construction. Finished floor elevation should be verified by a preconstruction elevation certificate at the time of construction of a substantial 35 ORDINANCE NO. 5676 structural element of the finished floor (i.e., foundation form for the concrete floor). An as-built elevation certificate will be provided prior to issuance of final occupancy, and the certificates shall be maintained by the Department Administrator or designee. iii. Public Records: The Department Administrator or his/hor dosignoo shall maintain for public inspection all records pertaining to the provisions of the flood hazard regulations (e.g., elevation certificates, notification of alteration/relocation of watercourses, flood hazard regulation variances). c. Alteration of Watercourses: The Dopartmont Administrator, or his/hor dosignoo shall: i. Notice Required: Notify abutting communities and the State of Washington Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. ii. Maintenance: Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. The City may require covenants, or other mechanisms to ensure maintenance. d. Interpretation of FIRM Boundaries: The Department Administrator, or his/her designee, shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for 36 ORDINANCE NO. 5676 example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in RMC 4-1-050F, Hearing Examiner, and RMC 4-8-110, Appeals). e. Record Required: The Dopartmont Administrator, or his/hor dosignoo, shall maintain the records of all appeal actions and report any variances to the Federal insurance Administration upon request. 4. Review Authority: a. Review Authority - General: The Dopartmont Administrator er- his/hor dosignoo is authorized to make the following administrative allowances and determinations: i. Issue a critical areas permit for proposals not otherwise requiring a development permit per subsection C3 of this Section, Finding of Conformance Required. ii. Issue written letters of exemption pursuant to subsection C4 of this Section. iii. Allow temporary emergency exemptions per subsection C7 of this Section. iv. Interpret critical areas regulations per subsection Dlb of this Section. v. Approve the use of alternates in accordance with subsection Nl of this Section and RMC4-9-250E. 37 ORDINANCE NO. 5676 vi. Waive report content or submittal requirements per subsection F6 of this Section. vii. Grant administrative variances to those specified code sections listed in RMC 4-9-250B and per subsection N of this Section. viii. Require tests for proof of compliance. ix. Grant modifications per subsection N of this Section. b. Review Authority - Geologic Hazards, Habitat Conservation, Streams and Lakes, and Wetlands: The Department Administrator is authorized to make the following administrative allowances and determinations: i. Geologic Hazards. (a) Waive independent review of geotechnical reports per subsection F7 of this Section. (b) Increase or decrease required buffer for very high landslide hazard areas per subsection J7b of this Section. (c) Waive coal mine hazard reports per subsection J8 of this Section. (d) Grant a modification for created slopes per subsection N2 of this Section. ii. Habitat Conservation: Waive habitat/wildlife assessment reports per subsection K2 of this Section. iii. Streams and Lakes: 38 ORDINANCE NO. 5676 (a) Waive water body study requirement per subsection L3 of this Section. (b) Approve proposals for buffer width reductions in accordance with the review criteria stated in subsection L5c of this Section. (c) Approve proposals for buffer width averaging pursuant to the standards and criteria stated in subsection L5d of this Section. iv. Wetlands: (a) Waive wetland assessment requirement per subsection M3b of this Section. (b) Determine whether wetlands are unregulated per subsections Mia and Mlb of this Section. (c) Extend the valid period of a wetland delineation pursuant to subsection M4d of this Section. (d) Approve proposals for buffer width reductions of up to twentyzfive percent (25%) in accordance with the review criteria stated in subsection M6e of this Section. (e) Approve proposals for buffer width averaging pursuant to the standards and criteria stated in subsection M6f of this Section. (f) Authorize other category level for created or restored wetlands per subsection Mile of this Section. (g) Waive requirements of this Section upon determination that all impacts on wetlands would be mitigated as part of an approved area- 39 ORDINANCE NO. 5676 wide wetlands plan that, when taken as a whole over an approved schedule or staging of plan implementation, will meet or exceed the requirements of this section (see subsection M9 of this Section). c. Review Authority - Aquifer Protection Areas: The Department Administrator is authorized to make the following administrative allowances and determinations: i. Issue operating and closure permits. ii. Determine pipeline requirements per subsection H6a(iii) and H6b of this Section. iii. Determine if Zone 1 requirements should apply in Zone 2 of an APA per subsection D2b, Potential to Degrade Groundwater - Zone 2, and C8d(ii), Prohibited Activities—Aquifer Protection Aroas, Zone 2. 5. Authority to Approve, Condition, or Deny - General: Based upon site specific review and analysis, tho Reviewing Official or his/hor designee a proposal may be approved, conditioned, or deny a proposal denied. 6. Relationship to Other Agencies and Regulations: Compliance with the provisions of this Title does not constitute compliance with other federal, state, and/or other local agency regulations and permit requirements that may be required. The applicant is responsible for complying with these requirements, apart from the process established in this Title. SECTION XXXV. Subsection 4-3-050E.4.a.iii, Application as Condition of Approval When Otherwise Not Required, of Chapter 3, Environmental Regulations and Overlay Districts, 40 ORDINANCE NO. 5676 of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: iii. Application as Condition of Approval When Otherwise Not Required: Where subsections H to M do not require a native growth protection area, the proposal Reviewing Official may be conditioned a proposal to provide for native growth protection areas. SECTION XXXVI. Subsection 4-3-050E.5, Discretionary - Building or Development Setbacks, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Discretionary - Building or Development Setbacks: The Reviewing Official may require a Abuilding or activity setback from a critical area or buffer may be required to ensure adequate protection of the critical area/buffer during construction and ongoing maintenance of the activity. A requirement for a setback shall be based on the findings of a critical area report or a peer review required for the activity. SECTION XXXVII. Subsection 4-3-050F.7.a, Aquifer Protection Areas, Flood Hazards, Habitat Conservation, Streams and Lakes, Wetlands, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 41 ORDINANCE NO. 5676 a. Aquifer Protection Areas, Flood Hazards, Habitat Conservation, Streams and Lakes, Wetlands: When appropriate due to the type of critical areas, habitat, or species present, or project area conditions, the Reviewing Official may require the applicant may be required to prepare and/or fund analyses or activities, including, but not limited to: i. An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate. This shall be paid at the applicant's expense, and the Reviewing Official Administrator shall select the third-party review professional; and/or ii. A request for consultation with the Washington Department of Fish and Wildlife, Washington State Department of Ecology, or the local Native American Tribe or other appropriate agency; and/or iii. Detailed surface and subsurface hydrologic features both on and abutting te the site. SECTION XXXVIII. Subsection 4-3-050F.8.a.v of subsection 4-3-050F.8.a, Criteria, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: v. Avoid mitigation proposals that would result in additional future mitigation or regulatory requirements for adjacent or abutting properties. 42 ORDINANCE NO. 5676 unless it is a result of a code requirement, or no other option is feasible or practical; and SECTION XXXIX. Subsection 4-3-050G.1, Required for Mitigation Plans, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Required for Mitigation Plans: For any mitigation plans required as a result of the application of these regulations, tho Rosponsiblo Official shall roquiro a surety device shall be required to ensure performance consistent with RMC 4-1-230. SECTION XL Subsection 4-3-0501.l.b.iii, Interpretation of FIRM Boundaries, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: iii. Interpretation of FIRM Boundaries: Per subsection D3d of this Section, the Dopartmont Administrator, or his/hor dosignoo, shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The best available information for flood hazard area identification shall be the basis for regulation. SECTION XLI. Subsection 4-3-050J.2.b.i of subsection 4-3-050J.2, Special Studies Required, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV 43 ORDINANCE NO. 5676 (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: i. The proposal will not increase the threat of the geological hazard to adjacent or abutting properties beyond pre-development conditions; and SECTION XLII. Subsection 4-3-050J.2.C of subsection 4-3-050J.2, Special Studies Required, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. A mitigation plan may be required by the Responsible Official, consistent with subsection F8 of this Section. SECTION XLIII. Subsection 4-3-050J.6.b, Conditions of Approval, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Conditions of Approval: Tho Reviewing Official may condition a A development proposal may be conditioned to achieve minimal site erosion, including, but not limited to, timing of construction and vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. Mitigation plans may be required consistent with subsection F8 of this Section. 44 ORDINANCE NO. 5676 SECTION XLIV. Subsection 4-3-050K.4, Native Growth Protection Areas, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4. Native Growth Protection Areas: Based on the required habitat assessment, tho Reviewing Official may roquiro critical habitat areas and their associated buffers may be required to be placed in a native growth protection area subject to the requirements of subsection E4 of this Section, or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. SECTION XLV. Subsection 4-3-050K.6, Mitigation Options, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-3-050K.6.a through 4-3-050K.6.C shall remain as currently codified. 6. Mitigation Options: In addition to any performance standards or mitigation required by wetland regulations, additional mitigation may be required dotorminod by tho Reviewing Official based upon the consultant report submitted by the applicant, and/or peer review of the applicant's consultant report by a qualified professional selected by the City at the applicant's expense, and/or by information from State or Federal agencies. 45 ORDINANCE NO. 5676 SECTION XLVI. Subsection 4-3-050L.3.c.ii(a)(l), On-Site Mitigation, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: (1) On-Sjte Mitigation: On-site mitigation is required unless a finding is made tho Reviewing Official finds that on-site mitigation is not feasible or desirable. SECTION XLVII. Subsection 4-3-050L.5.b.i, Areas of High Blow-down Potential, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: i. Areas of High Blow-down Potential: Where the stream/lake buffer is in an area of high blow-down potential as identified by a qualified professional, the buffer width may be expanded an additional fifty feet (50') on the windward side by tho Rosponsiblo Official. Notifications may be required per subsection F8 of this Section. SECTION XLVIII. Subsection 4-3-050L.6.C, Uses of Native Species, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Use of Native Species: When revegetation is required, approved native species, or other appropriate species naturalized to the Puget Sound 46 ORDINANCE NO. 5676 region and approved by tho Reviewing Official, shall be used. A variety of species shall be used which serve as food or shelter from climatic extremes and predators, and as structure and cover for reproduction and rearing of young. SECTION XLIX. Subsection 4-3-050L.7, Criteria for Permit Approval - Class 2 to 4, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-3-050L.7.a through 4-3-050L.7b shall remain as currently codified. 7. Criteria for Permit Approval - Class 2 to 4: Permit approval by tho Reviewing Official for projects on or near regulated water bodies shall be granted only if the approval is consistent with the provisions of this subsection L, and complies with the following: SECTION L Subsection 4-3-050L8.a.i(e) of subsection 4-3-050L.8.a.i, Criteria for Administrative Approval of Transportation Crossings in Stream/Lake or Buffer Areas, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: (e) Crossings are designed according to the Washington Department of Fish and Wildlife Fish Passage Design at Road Culverts, 1999, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000, as may be updated, or equivalent manuals as determined by the Rosponsiblo Official Administrator; and 47 ORDINANCE NO. 5676 SECTION LI. Subsection 4-3-050L.9.a.i, Residential Zones, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: i. Residential Zones: Reduced Ssetbacks, lot width and lot depth standards of chapter 4-2 RMC may be roducod by tho Reviewing Official approved without requirement of a variance for lots that abut the daylighted watercourse to accommodate the same number of lots as if the watercourse were not daylighted. SECTION Lll. Subsection 4-3-050M.2, General Standards for Permit Approval, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-3-050M.2.a through 4-3-050M.2.C shall remain as currently codified. 2. General Standards for Permit Approval: Permit approval by tho Reviewing Official for projects involving regulated wetlands or wetland buffers shall be granted only if the approval is consistent with the provisions of this Section. Additionally, approvals shall only be granted if: SECTION LIU. Subsection 4-3-050M.6.c.ii of subsection 4-3-050M.6.C, Standard Buffer Zone Widths, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first paragraph is amended as shown 48 ORDINANCE NO. 5676 below. Subsections 4-3-050M.6.c.ii(a) through 4-3-050M.6.c.ii(d} shall remain as currently codified. ii. To protect the buffer functions, tho Reviewing Official shall condition permits shall be conditioned as appropriate to the nature of the development. Conditions of approval may include, but are not limited to, the following: SECTION LIV. Subsection 4-3-050M.6.d, Increased Wetland Buffer Zone Width, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first paragraph is amended as shown below. Subsections 4-3-050M.6.d.i through 4-3-050M.6.d.vi shall remain as currently codified. d. Increased Wetland Buffer Zone Width: Each applicant shall document in required wetland assessments whether the criteria in subsections M6d(i) through (iv) of this Section are or are not met and increased wetland buffers are warranted. Based on the applicant's report or third party review, the Responsible Official may roquiro increased standard buffer zone widths may be required in unique cases, i.e., endangered species, very fragile areas, when a larger buffer is necessary to protect wetlands functions and values. Such determination shall be attached as a condition of project approval. Analysis shall be prepared as directed in subsection M6d(v) of this section, and notification shall be given pursuant to criteria in subsection M6d(vi) of this Section. 49 ORDINANCE NO. 5676 SECTION LV. Subsection 4-3-050M.6.e.v of subsection 4-3-050M.6.e, Reduction of Buffer Width, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: v. Tho Reviewing Official shall apply cConditions of approval equivalent or greater than those identified in subsection M6c(ii) of this Section shall be applied to ensure that the reduced buffer width protects the functions and values of the associated wetlands. SECTION LVI. Subsection 4-3-050M.8, Wetland Changes - Alternative Methods of Development, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first paragraph is amended as shown below. Subsections 4-3-050M.8.a through 4-3-050M.8.C shall remain as currently codified. 8. Wetland Changes - Alternative Methods of Development: If wetland changes are proposed for a non-exempt activity, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order and provide reasons why a less intrusive method of development is not feasible. In determining whether to grant permit approval per subsection M2 of this Section, General Standards for Permit Approval, tho Reviewing Official shall mako a determination shall be made as to whether the feasibility of less intrusive methods of development have been adequately evaluated and that less intrusive methods of development are not feasible: 50 ORDINANCE NO. 5676 SECTION LVII. Subsection 4-3-050M.ll.f, Increased Creation/Restoration/ Replacement Ratios, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: f. Increased Creation/Restoration/Replacement Ratios: The Reviewing Official may increase tho rRatios may be increased under the following circumstances: uncertainty as to the probable success of the proposed restoration or creation; significant period of time between destruction and replication of wetland functions; projected losses in functional value; or off-site compensation. The requirement for an increased replacement ratio will be determined through SEPA review, except in the case of remedial actions resulting from illegal alterations where the Administrator or Environmental Review Committee may require increased wetland replacement ratios. SECTION LVIII. Subsection 4-3-050M.ll.g, Decreased Creation/Restoration/ Replacement Ratios, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: g. Decreased Creation/Restoration/Replacement Ratios: i. Category 1: The Roviowing Official may decrease tho r Ratios for Category 1 forested and scrub-shrub wetlands may be decreased to 2.0 times the area altered, and to 1.5 times the area altered for emergent wetlands, 51 ORDINANCE NO. 5676 provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for five (5) years. ii. Category 2: The Reviewing Official may decrease the r Ratios for Category 2 forested and scrub-shrub wetlands may be decreased to 1.5 times the area .altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. Ratios for Category 2 emergent wetlands may be reduced to 1.25 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. iii. Category 3: (a) (1) The Roviowing Official may docroaso tho r Ratios for Category 3 emergent wetlands may be decreased to 1.0 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for twelve (12) months. Ratios for Category 3 scrub-shrub and forested wetlands may be reduced to 1.25 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. (24 (b) If the applicant can aggregate two (2) or more Category 3 wetlands, each less than ten thousand (10,000) square feet, into one (1) wetland, the replacement ratio shall be reduced to 1:1. If the combined wetland 52 ORDINANCE NO. 5676 would be rated as a Category 2 wetland as a result of the combination, the buffer requirement may be reduced to twenty five feet (25') minimum provided the buffer is enhanced. SECTION LIX. Subsection 4-3-050M.12.b, Evaluation Criteria, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Evaluation Criteria: A wetland enhancement compensation project may be approved by tho Reviewing Official; provided, that enhancement for one function will not degrade another function unless the enhancement would provide a higher functioning wetland with greater or multiple environmental benefits. For example, an enhancement may degrade habitat for one wildlife species but overall it may result in a wetland that provides higher function to a wider variety of wildlife species. Wetland function assessment shall be conducted in conformance with accepted Federal or State methodologies. SECTION LX. Subsection 4-3-050M.12.e.ii of subsection 4-3-050M.12.e, Ratio Modification and Minimum Restoration/Creation Ratio, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: ii. Tho Reviewing Official may increase tho rRatios may be increased under the following circumstances: uncertainty as to the probable 53 ORDINANCE NO. 5676 success of the proposed restoration or creation or enhancement proposal; significant period of time between destruction and replication of wetland functions; projected losses in functional value; or off-site compensation. The requirement for an increased mitigation ratio will be determined through SEPA review, except in the case of remedial actions resulting from illegal alterations where the Administrator or Environmental Review Committee may require increased mitigation ratios. SECTION LXI. Subsection 4-3-050M.13, Out-of-Kind Replacement, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-3- 050M.13.a through 4-3-050M.13.C shall remain as currently codified. 13. Out-of-Kind Replacement: Out-of-kind replacement may be used approved in place of in-kind compensation only where the applicant can demonstrate to tho satisfaction of the Reviewing Official that: SECTION LXII. Subsection 4-3-050M.14.a, When Permitted, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-3- 050M.14.a.i through 4-3-050M.14.a.v shall remain as currently codified. 54 ORDINANCE NO. 5676 a. When Permitted: Off-site compensation may be approved providod in lieu of on-site compensation only where the applicant can demonstrate to tho satisfaction of tho Rosponsiblo Official that: SECTION LXIII. Subsection 4-3-050M.14.d, Timing, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. Timing: Compensatory projects shall be substantially completed and approved by the City prior to the issuance of an occupancy permit. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. The Reviewing Official may oloct to require a A_surety device may be approved for completion of construction. SECTION LXIV.Subsection 4-3-050M.15.e, Compensation Payments to Mitigation Bank, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: e. Compensation Payments to Mitigation Bank: If approved, € compensation payments, amount to be determined by the Reviewing Official, received as part of a mitigation or creation bank must be received prior to the issuance of an occupancy permit. SECTION LXV. Subsection 4-3-050M.16.d, Performance Surety, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of 55 ORDINANCE NO. 5676 Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. Performance Surety: As a condition of approval of any mitigation plan, the Reviewing Official shall roquiro a performance surety shall be required per RMC 4-1-230 and subsection G of this Section. SECTION LXVI. Subsection 4-3-050N.3.c.iii, Review Authority, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: iii. Review Authority: Variances shall be determined administratively by the Administrator of tho Dopartmont of Community and Economic Development Administrator and/or designee, as indicated in RMC 4-9- 250B. SECTION LXVII. Subsection 4-3-050O.2, Record Required - Flood Hazards, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Record Required - Flood Hazards: The Dopartmont Administrator and/or dosignoo, the Building Official, shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 56 ORDINANCE NO. 5676 SECTION LXVIII. Subsection 4-3-080A.2 of subsection 4-3-080A, Notice Required, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. A proposed change of the major tenant and/or tenant group using the premises if such a change is determined by the Planning/Building/Public Works Administrator or designee to have probable major adverse impacts to the immediate surrounding area; or SECTION LXIX. Subsection 4-3-100A.2 of subsection 4-3-100A, Purpose, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. This Section lists elements that are required to be included in all development in the zones stated in subsection Bl of this Section. Each element includes an intent statement, guidelines, and standards. In order to provide predictability, standards are provided. These standards specify a prescriptive manner in which the requirement can be met. In order to provide flexibility, guidelines are also stated for each element. The guidelines and the intent statement provide direction for those who seek to meet the required element in a manner that is different from the standards. a. The determination as to the satisfaction of the requirement through the use of the guidelines and the intent statement is to be made by the 57 ORDINANCE NO. 5676 Administrator of tho Department of Community and Economic Development Administrator or designee. b. When the Administrator of tho Department of Community and Economic Development or designee has determined that the proposed manner of meeting the design requirement through the guidelines and intent is sufficient, the applicant shall not be required to demonstrate sufficiency to the standard associated with the guideline that has been approved. SECTION LXX. Subsection 4-3-100D.2, Authority, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Authority: The Reviewing—Official Communitv and Economic Development Administrator shall have the authority to approve, approve with conditions, or deny proposals based upon the provisions of the design regulations when no other permit or approval requires Hearing Examiner review. In rondoring a docision, the Official will consider ^Proposals will be considered on the basis of individual merit, will consider the overall intent of the standards and guidelines, and encourage creative design alternatives will be encouraged in order to achieve the purposes of the design regulations. SECTION LXXI. The row for "Districts A, B, and D" of the Transition to Surrounding Development subsection of subsection 4-3-100E.1, Site Design and Building Location, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development 58 ORDINANCE NO. 5676 Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. TRANSITION TO SURROUNDING DEVELOPMENT Intent: To shape redevelopment projects so that the character and value of Renton's long- established, existing neighborhoods are preserved. Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale..1 Standards: Districts A, B, and D At least one of the following design elements shall be used to promote a transition to surrounding uses: 1. Building proportions, including step-backs on upper levels in accordance with the surrounding planned and existing land use forms; or 2. Building articulation to divide a larger architectural element into smaller increments; or 3. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Additionally, the Administrator of the Dopartmont of Community and Economic Dovolopmont or dosignoo may require increased setbacks at the side or rear of a building in order to reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting yards. SECTION LXXII. The row for "District C" of the Surface Parking subsection of subsection 4-3-100E.2, Parking and Vehicular Access, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified, except as specified in SECTION LXXIV of this ordinance. SURFACE PARKING Intent: To maintain active pedestrian environments along streets by placing parking lots 59 ORDINANCE NO. 5676 primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. Standards: District C All of the following are required: 1. Parking shall be at the side and/or rear of a building and may not occur between the building and the street. However, if due to the constraints of the site, parking cannot be provided at the side or rear of the building, the Administrator of tho Department of Community and Economic Dovolopmont or dosignoo may allow parking to occur between the building and the street. If parking is allowed to occur between the building and the street, no more than sixty feet (60') of the street frontage measured parallel to the curb shall be occupied by off-street parking and vehicular access. 2. Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. 3. Surface parking lots shall be designed to facilitate future structured parking and/or other infill development. For example, provision of a parking lot with a minimum dimension on one side of two hundred feet (200') and one thousand five hundred feet (1,500') maximum perimeter area. Exception: If there are size constraints inherent in the original parcel. SECTION LXXIII. Standards 2 and 6 in the row for "All Districts" of the Structured Parking Garages subsection of subsection 4-3-100E.2, Parking and Vehicular Access, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown below. The rest of the table shall remain as currently codified, except as specified in SECTION LXXIII of this ordinance. STRUCTURED PARKING GARAGES Intent: To promote more efficient use of land needed for vehicle parking; encourage the use of structured parking; physically and visually integrate parking garages with other uses; and 60 ORDINANCE NO. 5676 reduce the overall impact of parking garages. Guidelines: Parking garages shall not dominate the streetscape; they shall be designed to be complementary with adjacent and abutting buildings. They shall be sited to complement, not subordinate, pedestrian entries. Similar forms, materials, and/or details to the primary building(s) should be used to enhance garages. Standards: All Districts 2. The entire public facing facade shall be pedestrian-oriented. The Administrator of the Department of Community and Economic Dovolopmont may approve parking structures that do not feature a pedestrian orientation in limited circumstances. If allowed, the structure shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping. This landscaping shall include a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to ten feet (10') when abutting a primary arterial and/or minor arterial. 6. The Administrator—of the—Dopartmont—ef-—Community—ar+d—Economic Dovolopmont or dosignoo may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: a. Ornamental grillwork (other than vertical bars); b. Decorative artwork- c. Display windows; d. Brick, tile, or stone; e. Pre-cast decorative panels; f. Vine-covered trellis; g-Raised landscaping beds with decorative materials; or h. Other treatments that meet the intent of this standard. 61 ORDINANCE NO. 5676 SECTION LXXIV. Standards l.b, l.d and 2.c.i in the row for "Districts A, C, and D" of subsection 4-3-100E.4, Recreation Areas, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown below. The rest of the table shall remain as currently codified. RECREATION AREAS AND COMMON OPEN SPACE Intent: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations. To create usable and inviting open space that is accessible to the public; and to promote pedestrian activity on streets particularly at street corners. Guidelines: Developments located at street intersections should provide pedestrian-oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and common open space areas are integral aspects of quality development that encourage pedestrians and users. These areas shall be provided in an amount that is adequate to be functional and usable; they shall also be landscaped and located so that they are appealing to users and pedestrians. Standards: Districts 1. All mixed use residential and attached housing developments of ten (10) or more A, C, and dwelling units shall provide common open space and/or recreation areas. D b. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Administrator of tho Department of Community and Economic Dovolopmont or designee. d. At least one (1) of the following shall be provided in each open space and/or recreation area (the Administrator of tho Department of Community and Economic Dovolopmont or designee may require more than one (1) of the following elements for developments having more than one hundred (100) units): j_ Courtyards, plazas, pea patches, or multi-purpose open spaces; jj. Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development 62 ORDINANCE NO. 5676 iii. Pedestrian corridors dedicated to passive recreation and separate from the public street system; jv. Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or v. Children's play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. 2. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space. c. The following areas shall not count as pedestrian-oriented space: i. The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian- oriented space if the Administrator of the Dopartmont of Community and Economic Development or dosignoo determines such space meets the definition of pedestrian- oriented space. ii. Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. SECTION LXXV. Standard 2.d in the row for "District C" of the Building Character and Massing subsection of subsection 4-3-100E.5, Building Architectural Design, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. BUILDING CHARACTER AND MASSING Intent: To ensure that buildings are not bland and so that they appear to be at a human scale, as well as to ensure that all sides of a building which can be seen by the public are visually interesting. Guidelines: Buildjng facades shall be modulated and/or articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the 63 ORDINANCE NO. 5676 neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standards: District C 2. All buildings shall be articulated with one or more of the following: d. Other features as approved by Administrator of tho Department of Community and Economic Dovolopmont or dosignoo. SECTION LXXVI. Subsection 4-3-100F, Modification of Minimum Standards, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-3-100F.1 through 4-3-100F.5 shall remain as currently codified. F. MODIFICATION OF MINIMUM STANDARDS: The Administrator of tho—Dopartmont of Community and—Economic Dovolopmont or dosignoo shall have the authority to modify the minimum standards of the design regulations, subject to the provisions of RMC 4-9-250D, Modification Procedures, and the following requirements: SECTION LXXVII. Subsection 4-3-110D.2, Authority, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Authority: The reviewing—official Communitv and Economic Development Administrator shall have the authority to approve with conditions 64 ORDINANCE NO. 5676 or deny proposals based on the provisions of the Urban Separator Overlay regulations when no other permit or approval requires Hearing Examiner review. SECTION LXXVIII. Subsection 4-3-110E.2.a of subsection 4-3-110E.2, Dedication of Open Space Required, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: a. Approval of a plat, and/or building permit on an undeveloped legal lot: i. May Valley Urban Separator Overlay: Approval of a plat, and/or building permit on an undeveloped legal lot in the May Valley Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of the parcel or parcels as a non-revocable open space tract retained by the property owner, or dedicated to a homeowners association or other suitable organization as determined by the reviowing official Administrator. ii. Talbot Urban Separator Overlay: Approval of a plat, and/or building permit on an undeveloped legal lot in the Talbot Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of that portion of the parcel or parcels located within the Urban Separator as a non-revocable open space tract retained by the property owner, or dedicated to a homeowners association or other suitable organization as determined by the reviewing official Administrator. In order to satisfy the dedication requirement, some of the area to be dedicated may consist of land abutting the Urban 65 ORDINANCE NO. 5676 Separator, as determined by the Planning Director Community and Economic Development Administrator, on a case-by-case basis. Acreage in tracts may include critical areas and/or critical area buffers. At a minimum, open space shall be connected to another contiguous open space parcel by a fifty foot (50') corridor. SECTION LXXIX. Subsection 4-3-110E.5, Standards Within Entire Urban Separator, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Standards Within Entire Urban Separator. a. Forest/vegetation clearing shall be limited to a maximum of thirty- five percent (35%) of the gross acreage of the site except: i. The percentage of forest/vegetation coverage may be increased to qualify for the density bonus allowed in RMC 4-2-llOD. ii. Modification of The—Reviewing—Official—may—modify the percentage of forest/vegetation retention may be approved if determined necessary to meet the surface water retention/detention standards of subsection E5d of this Section. iii. The—Roviowing Official—may approve f Forest/vegetation clearing greater than thirty-five percent (35%) of individual building sites may be approved to allow grading for a home site; provided, that: 66 ORDINANCE NO. 5676 (a) A landscape plan is provided for each building site showing compensating replanting of species with the same or better water retention and erosion control functions; (b) Five percent (5%) additional replacement landscaping per site is provided; (c) Plant caliper is doterminod by tho Reviewing Official to bo sufficient to achieve needed water retention and erosion control functions; (d) Individual trees or stands of trees are retained when feasible. Feasibility is defined as locations and tree health sufficient to ensure continued viability of the tree and safety of structures within the developed portion of the lot; and (e) The landscape plan provides massing of plant material to create either a connection to required open space or is of sufficient size to create functional wildlife habitat. b. If the existing cleared area of a site, as of March 21, 2005, is greater than thirtyzfive percent (35%), approval of a plat shall require replanting of forest/vegetative cover. c. Forest/vegetation cover may include a combination of Northwest native vegetation including conifer, deciduous trees and shrubs sufficient to provide water retention and erosion control, as dotorminod appropriato by tho Reviewing Official. Tho Reviewing Official shall determino whether |f_existing vegetation is found to be insufficient providos—functions to meet 67 ORDINANCE NO. 5676 forest/vegetation coverage standards, and shall require additional plantings shall be required, if existing vegetation is found to bo insufficient. d. Stormwater management shall comply with the Surface Water Design Manual. e. Private access easements and improvements shall be established at the minimum standard needed to meet public safety requirements. f. Landscape plans required in RMC 4-4-070 shall include retention/replanting plans as applicable, consistent with standards and plant lists in King County Department of Natural Resources and Parks Water and Land Resources Division Publication "Going Native." SECTION LXXX. Subsection 4-3-110E.6, Modification of Mapped Contiguous Open Space, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence s amended as shown below. Subsections 4-3-110E.6.a through 4-3-110E.6.b shall remain as currently codified. 6. Modification of Mapped Contiguous Open Space: Modification of-fbe Reviewing Official may modify the open space configuration may be approved where: SECTION LXXX I. Subsection 4-4-010M, Review Criteria for Additional Animals Permits, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 68 ORDINANCE NO. 5676 M. REVIEW CRITERIA FOR ADDITIONAL ANIMALS PERMITS: Special review criteria to be considered by tho Reviewing Official for Additional Animals Permits are included in RMC 4-9-100. SECTION LXXXII. Subsection 4-4-030A, Intent, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. INTENT: It is the intent of this Section to provide the City, especially the Development Services Division and the Hearing Examiner, with criteria to make consistent and rational land use recommendations and decisions that (1) place the public health, safety and welfare paramount; (2) recognize property rights; (3) promote aesthetics, amenities and good design; (4) minimize incompatibility of adjacent or abutting uses; (5) minimize pollution; (6) contain adverse impacts on-site; and (7) make consistent and rational decisions and recommendations. Furthermore it is the intent of this Section to comply with the various resolutions, codes and ordinances of the City and the State Environmental Policy Act, as amended. SECTION LXXXIII. Subsection 4-4-040G.2, Evaluation Criteria, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 69 ORDINANCE NO. 5676 2. Evaluation Criteria: The Development Services Division may approve the issuance of special fence permits provided that the following objectives can be met: • The proposed fence improves the privacy and security of the adjoining yard space; • The proposed fence does not detract from the quality of the residential environment by being out of scale or creating vast blank walls along public roadways; • The proposed fence compliments the environment it serves in an aesthetically pleasing manner; and • The proposed fence does not present a hazard to vehicular or pedestrian traffic. a. Acceptable Measures to Meet Criteria: Fences located within the front or side and/or rear yard along a street setback may be a maximum of seventyztwo inches (72") in height, provided the evaluation criteria are met. Acceptable measures to achieve these criteria include, but are not limited to the following: • Permanent landscaping along the front of the fence; • Quality fence material, such as cedar fencing; • Modulation of the fence; • Similar design and material as other fences in the surrounding neighborhood; 70 ORDINANCE NO. 5676 • Increased setbacks from the adjacent abutting sidewalk; • Ornamental materials or construction treatment, such as wrought iron; • Orientation of the finished face of the fence toward the street; and • Other comparable construction or design methods. b. Clear Vision Area: The fence proposed for special permits must have no portion in the clear vision area over forty-two inches (42") in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from driveways. SECTION LXXXIV. Subsection 4-4-060C.2, Screening, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Screening: With the exception of offices, every effort shall be made to screen effectively all structures and activities to minimize detrimental effects on adjacent or abutting property. Screening may include but is not limited to landscaping, berms with landscaping, and a screening fence. SECTION LXXXV. Subsection 4-4-060D.3, Expansion or Restriction of Seasonal Limitations, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 71 ORDINANCE NO. 5676 3. Expansion or Restriction of Seasonal Limitations: Based on the information provided under subsection Dl of this Section, the Community and Economic Development Administrator or designee may expand or restrict the seasonal limitations on site disturbance. The Administrator or dosignoo shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period. SECTION LXXXVI. Subsection 4-4-060G, Restoration of Hazard Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: G. RESTORATION OF HAZARD REQUIRED: Whenever the Communitv and Economic Development Administrator er- dosignoo determines that an existing site, as a result of clearing or grading, excavation, embankment, or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the clearing, grading, excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Administrator or dosignoo, shall within the period specified therein restore the site affected by such clearing or grading or repair or eliminate such excavation or embankment or fill so as to eliminate the hazard and be in conformance with the requirements of this eChapter. 72 ORDINANCE NO. 5676 SECTION LXXXVII. Subsection 4-4-070C.2.e of subsection 4-4-070C, Exemptions, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: e. Those alterations or small additions determined by the Administrator of the Dopartmont of Community and Economic Development Administrator or designee not to warrant improvements to the entire site. SECTION LXXXVIII. Subsection 4-4-070E, Authority, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. AUTHORITY: All plans and landscaping required by this section are subject to approval by the Administrator of tho Department of Community and Economic Development Administrator or designee. SECTION LXXXIX. Subsection 4-4-070F.2, Street Trees and Landscaping Required Within the Right-of-Way on Public Streets, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Street Trees and Landscaping Required Within the Right-of-Way on Public Streets: Minimum planting strip widths between the curb and sidewalk are established according to the street development standards of RMC 4-6-060. 73 ORDINANCE NO. 5676 Street trees and, at a minimum, groundcover per subsection L3 of this Section, are to be located in this area when present. Spacing standards shall be as stipulated by the Department of Community and Economic Development, provided there shall be a minimum of one (1) street tree planted per address. Any additional undeveloped right-of-way areas shall be landscaped unless otherwise determined by the Administrator of tho Department of Community and Economic Development or designee. Refer to the City's Approved Tree List and spacing standards available through the Department of Community and Economic Development and on the City^s website. SECTION XC. Subsection 4-4-070F.3, Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard: Where there is insufficient right-of-way space or no public frontage, street trees are required in the front yard subject to approval of the Dopartmont of Community and—Economic Development Administrator or dosignoo. Front yard trees are not required in the RC and R-1 zones. A minimum of two (2) trees are to be located in the front yard prior to final inspection. 74 ORDINANCE NO. 5676 SECTION XCI. Subsection 4-4-070G.5.d of subsection 4-4-070G.5, Avoidance of Hazards, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. Landscaping in a parking lot shall not conflict with the safety of those using a parking lot, adjacent abutting sidewalks, or with traffic safety. SECTION XCII. Subsection 4-4-0701.2, Exceptions for Drought Tolerant Plants, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of .Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Exceptions for Drought Tolerant Plants: Landscape plans featuring one hundred percent (100%) drought-tolerant plants or landscaping already established without irrigation systems are exempt from installation of a permanent irrigation system, but drought tolerant proposals must provide supplemental moisture by means of a City-approved temporary irrigation system for a period not less than two (2) years. The Dopartmont of Community and Economic Dovolopmont Administrator or dosignoo shall have the option of conditioning the approval (i.e., requiring a screening fence, etc.). An inspection will be required one (1) year after final inspection to ensure that the landscaping has become established. An inspection fee, paid at the time of permit application, will be required and the fee amount will be determined by the 75 ORDINANCE NO. 5676 Administrator of the Dopartmont of Community and Economic Dovolopmont er- dosignoo. SECTION XCII1. Subsection 4-4-070M.1, Timing, of Chapter 4, City-Wide Property Development Standards, of Title IV {Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Timing: All approved landscaping shall be installed before the final approval of the permit or land use action that triggered the landscaping requirement, such as issuance of an occupancy permit, or for single family dwellings, prior to final inspection for single family dwellings, or Final Plat approval for a subdivision. SECTION XCIV. Subsection 4-4-070O, Landscape Plan Revisions, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first paragraph is amended as shown below. Subsections 4-4-070O.1 through 4-4-070O.4 shall remain as currently codified. O. LANDSCAPE PLAN REVISIONS: To alter an approved landscape plan, changes shall be submitted to and approved by the Administrator of the Department of Community and Economic Dovolopmont or designee. The plans may be approved, denied, or returned to the applicant with suggestions for changes that would make them acceptable. The request must be accompanied by the following: 76 ORDINANCE NO. 5676 SECTION XCV. Subsection 4-4-070P, Maintenance, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton^ Washington", is hereby amended as follows: P. MAINTENANCE: 1. Maintenance Required: Landscaping required by this Section shall be maintained by the owner and/ or dosignoo and shall be subject to periodic inspection by the Department of Community and Economic Development. Plantings are to be maintained in a healthy, growing condition and those dead or dying shall be replaced. Property owners shall keep the planting areas reasonably free of weeds and litter. 2. Failure to Maintain Landscaping: The Department of Community and Economic Development is authorized to notify the owner and/ or dosignoo that any required landscaping is not being adequately maintained and the specific nature of the failure to maintain. The Department shall send the property owner and/ or dosignoo written notice, specifying what corrections shall be made. SECTION XCVI. Subsection 4-4-070Q, Damaged Landscaping, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: Q. DAMAGED LANDSCAPING: 77 ORDINANCE NO. 5676 Upon request of the City, any landscaping required by City regulations that is damaged must be replaced with like or better landscaping as determined by the Administrator of tho Dopartmont of Community and Economic Developmont or designee. SECTION XCVII. Subsection 4-4-075D, Authority, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. AUTHORITY: During development permit review, the Responsible Official Communitv and Economic Development Administrator shall determine compliance with tho provisions of this Section, apply conditions of approval may bo applied if necessary to achieve compliance, and.. The Development Sorvicos Division Diroctor or designee shall enforce the provisions of this Section. SECTION XCVIII. Subsection 4-4-075F.2 of subsection 4-4-075F, Specific Requirements For Residential Development in the R-10 and R-14 Zones, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of Genera! Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. The standards portion of this subsection specify specifies a prescriptive manner in which the landscaping requirement can be met. The guideline portion of this subsection provides direction for those who seek to meet the required 78 ORDINANCE NO. 5676 design element in a manner that is different from the standards. The determination as to the satisfaction of the requirement through the use of the guidelines is to be made by the Roviowing Official Administrator. SECTION XCIX. Subsection 4-4-075G, Modification of Standards, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: G. MODIFICATIONS OF STANDARDS: Lighting which does not meet the standards in subsection E of this Section may be permitted by the Reviewing Official Administrator as follows: Alternative shielding of lights, or lighting visible above the roofline may be permitted via the Ssite Pf>lan Development Rfeview process for applications requiring such review or via a modification approved by the Development Sorvicos Division Diroctor Administrator in accorda nee with RMC 4-9-250D for applications which do not require Ssite PpJan Development Rfeview. In any case, no use or activity shall cause light trespass beyond the boundaries of the property lines. SECTION C. Subsection 4-4-080D.1, Authority, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Authority: The Department of Community and Economic Development is hereby authorized and directed to enforce all the provisions of this Section. 79 ORDINANCE NO. 5676 For such purpose, the Community and Economic Development Administrator er- dosignce shall have the authority of a police officer. SECTION CI. Subsection 4-4-080E.2.b, Agreement Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Agreement Required: A parking agreement ensuring that off-site parking is available for the duration of the use shall be approved by the Dovolopmont—Services—Diroctor Communitv and Economic Development Administrator, following review by the City Attorney. SECTION Cll. Subsection 4-4-080E.2.C, Additional Information Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Additional Information Required: The Dovolopmont Sorvicos Division shall roviow the following shall be reviewed as part of the permit process: i. A letter of justification addressing the need for off-site parking and compatibility with the surrounding neighborhood. ii. A Ssite Pplan showing all dimensions of parking spaces, aisles, landscaping areas, adjacent abutting street improvements, curb cuts, and on-site and adjacent abutting uses and buildings. 80 ORDINANCE NO. 5676 SECTION CHI. Subsection 4-4-080E.3.b, Agreement Required, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Agreement Required: A parking agreement ensuring that joint use parking is available for the duration of the uses shall be approved by the Dovolopmont—Services—Diroctor Communitv and Economic Development Administrator, following review by the City Attorney. SECTION CIV. Subsection 4-4-080F.2, Maximum Parking Lot and Parking Structure Slopes, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Maximum Parking Lot and Parking Structure Slopes: Maximum slopes for parking lots shall not exceed eight percent (8%) slope. The Community and Economic Dovolopmont Administrator or his/hor dosignoo may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. SECTION CV. Subsection 4-4-080F.6.f, Existing Buildings - Hazards, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 81 ORDINANCE NO. 5676 f. Existing Buildings - Hazards: When the Fire Chief, or his authorized designee, determines that a hazard due to inaccessibility of fire apparatus exists around existing buildings, he may require fire lanes to be constructed and maintained as provided by this Section. SECTION CVI. The "Drive-through Retail or Drive-through Service" row of the Commercial Activities Outside of the Center Downtown Zone and Except Shopping Centers subsection of subsection 4-4-080F.10.e, Parking Spaces Required Based on Land Use, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. USE NUMBER OF REQUIRED SPACES COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT SHOPPING CENTERS: Drive-through retail or drive- through service: Stacking spaces: The drive-through facility shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5 stacking spaces per window are required unless otherwise determined by the Planning Diroctor Community and Economic Development Administrator. Stacking spaces Drive-through retail or drive- through service: cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. SECTION CVII. Subsection 4-4-080F.il.b.ii of subsection 4-4-080F.il, Number of Bicycle Parking Spaces Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the. City of Renton, Washington", is hereby amended as follows: 82 ORDINANCE NO. 5676 ii. Each bicycle parking space shall be at least two feet (2') by six feet (6'), with no less than an overhead clearance of seven feet (7'). A maneuvering area of five feet (5') shall separate rows of bicycle parking spaces. Where the bicycle parking is adjacent to abutting the sidewalk, only the maneuvering area may extend into the right-of-way; and SECTION CVIII. Subsection 4-4-0801.1, Driveway Location - Hazard Prohibited, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Driveway Location - Hazard Prohibited: No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, fire hydrant, adjacont abutting street traffic, or similar devices or conditions. The cost of relocating any such street structure when necessary to do so shall be borne by the abutting property owner. Said relocation of any street structure shall be performed only through the department and person holding authority for the particular structure involved. SECTION CIX. Subsection 4-4-080l.3.a.iii of subsection 4-4-080l.3.a, Industrial, Warehouse and Shopping Center Uses, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 83 ORDINANCE NO. 5676 iii. The Community and Economic Dovolopmont Administrator or dosignoo may grant an exception upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. SECTION CX. Subsection 4-4-0801.6, Driveway Grades - Maximum Based Upon Land Use, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. Driveway Grades - Maximum Based Upon Land Use: a. Single Family and Two (2) Family Uses: Maximum driveway slopes shall not exceed fifteen percent (15%); provided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residence or crossing any public sidewalk. To exceed fifteen percent (15%), a variance from the Community and Economic Dovelopment Administrator or his/her dosignoo is required. b. All Other Uses: Maximum driveway slope shall not exceed eight percent (8%). The Community and Economic Dovelopment Administrator er- his/hor designoo may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the 84 ORDINANCE NO. 5676 absence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. SECTION CXI. Subsection 4-4-090C.3, Special Setbacks from Residential Properties, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. Special Setbacks from Residential Properties: Outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet (50') of a property zoned RC, R-1, R-4, R-8, R-10, R-14, or RM, except by approval by tho Roviowing Official through the Ssite Development Pplan Rfeview process, or via the modification process if exempt from Ssite Development P^lan Rfeview. SECTION CXII. Subsection 4-4-090C.5, Collocation Encouraged, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Collocation Encouraged: When possible, the recyclables deposit areas and collection points shall be located adjacent to or near garbage collection areas to encourage their use. SECTION CXIII. Subsection 4-4-090G, Appeals, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled 85 ORDINANCE NO. 5676 "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows:. G. APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the Community and Economic Development Administrator or dosignoo within fifteen (15) days and filed, in writing, with the Department of Community and Economic Development. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Section. SECTION CXIV. Subsection 4-4-095C, Authority, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. AUTHORITY: The Reviewing Official for a dovelopment pormit that includes tho usos and activities in subsection B2 of this Section and exceeds tho thresholds in subsection B3 Communitv and Economic Development Administrator shall determine compliance with these standards concurrently with any development permit review. SECTION CXV. Subsection 4-4-095E, Roof-Top Equipment, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 86 ORDINANCE NO. 5676 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. ROOF-TOP EQUIPMENT: All operating equipment located on the roof of any building shall be enclosed so as to be screened from public view, excluding telecommunications equipment. Shielding shall consist of the following: 1. New Construction: Roof wells, clerestories, or parapets, walls, solid fencing, or other similar solid, nonreflective barriers or enclosures as determined by the Reviowing Official Administrator to meet the intent of this requirement. 2. Additions to Existing Buildings: Where the existing roof structure cannot safely support the required screening, or where the integrity of the existing roof will be compromised by the screening, the Reviewing Official Administrator may authorize painting of the equipment to match the approximate color of the background against which the equipment is viewed, or an equivalent nonstructural method to reduce visibility. SECTION CXVI. Subsection 4-4-095F, Outdoor Storage, Loading, Repair, Maintenance and Work Areas, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: F. OUTDOOR STORAGE, LOADING, REPAIR, MAINTENANCE AND WORK AREAS: 87 ORDINANCE NO. 5676 1. Outdoor Loading - Multi-Family Zones: Loading areas shall be screened by a solid barrier fence or landscaping, or some combination thereof as determined by tho Roviowing Official, through the Ssite Pplan Development Rfeview process or the modification process for Ssite Pftlan Development Review -exempt proposals. 2. Outdoor Loading, Repair, Maintenance and Work Areas - Commercial and Industrial Zones: Screening is not required, except when the subject commercial or industrial lot abuts or is adjacent to a residentialiy zoned lot, i.e., RC, R-1, R-4, R-8, RMH, R-10, R-14, RM, and the regulated activity is proposed on the side of the property abutting or adjacent to the listed zones. In such cases, a fence, or landscaping, or a landscaped berm, or a combination thereof is required as detorminod by tho Reviewing Official to achieve adequate visual or acoustical screening. These provisions may be modified by tho Reviewing Official through the Ssite Pplan Development Rfeview process, or the modification process for site-plan exempt proposals, where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc. 3. Outdoor Storage - Commercial or Industrial Zones: When permitted by the underlying zone, outdoor storage must be screened from adjacent or abutting properties and public rights-of-way. Outdoor storage uses shall provide sight-obscuring fences or solid walls a minimum of six feet (6') in height, berming, and/or landscaping as determined by the Roviowing—Official 88 ORDINANCE NO. 5676 Administrator to achieve adequate visual or acoustical screening. Outside storage shall not be permitted in any required setback area. Products or materials covered by buildings with roofs but without sides shall be considered outside storage and subject to the screening provisions of this Section. Exterior sales of autos, boats and motorcycles are not considered outdoor storage. a. Special Outdoor Storage Height Requirements, Industrial Zones: Limited to fifteen feet (15') in height or ono story. SECTION CXVII. Subsection 4-4-095G, Vehicle Storage Screening, CA Zone, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: G. VEHICLE STORAGE SCREENING, CA ZONE: In lieu of subsection F3 of this Section, vehicle storage screening shall include the following: fencing, berming, enclosing walls and landscaping, as determined by the Roviowing Official Administrator, sufficient to achieve substantial visual and acoustical screening, shall be provided to screen adjacent and abutting properties, public rights-of-way and limited rights-of-way. SECTION CXVIII. Subsection 4-4-100C.1, Signs Which Violate State Regulations, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 89 ORDINANCE NO. 5676 1. Signs Which Violate State Regulations: All signs not complying with the Washington State Highway Department regulations adjacent to abutting State roads. SECTION CXIX. Subsection 4-4-100D.6.b, City Center Sign Regulation Area, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. City Center Sign Regulation Area: Upon the effective date of this Section (June 8, 1998), the following regulations shall govern sign removal in the City Center Sign Regulation Area upon closure of business: i. Timing and Responsibility for Removal: Upon the closure and vacation of a business or activity, the owner of said business or activity shall immediately remove all signs relating to said business and activity. If the owner of said business or activity fails to remove said signs, then the owner of the property upon which said signs are located shall remove said signs within thirty (30) days of said closure and vacation of premises. If the owner of the property fails to remove the signs within the designated time limit, then the Building Official or dosignoo may upon due notice enforce civil penalty regulations per RMC 1-3-2. Prior to the end of the thirty (30) day time period or time period established upon notice by the City pursuant to enforcement of civil penalty regulations, a new tenant or the property owner may request utilization of 90 ORDINANCE NO. 5676 existing signs or sign structures as regulated in paragraphs ii through iv of this subsection. ii. Exception for Conforming Signs: Conforming signs and sign structures may be utilized by a new tenant or owner. The tenant or owner shall submit a sign permit application to confirm the conformity of the signs and sign structures. Permit fees are not required when the reviewing official Administrator determines that no change to the conforming sign will be made. Where there will be alterations or new sign faces of the existing conforming signs or sign structures, sign permit fees shall apply. iii. Exception for Nonconforming Signs: Nonconforming signs and sign structures shall not be utilized by a new tenant or owner unless one (1) or more of the following conditions is present: • The sign is considered to be of historic value, and has been designated as such by the Renton City Council through adoption of a resolution or ordinance; or • Replacement of sign faces may be allowed if there is a change in the corporate name of the business due to merger, acquisition or new management, but no change in use or activity, and the property was not vacated in the transition. Such signs shall be subject to applicable sign permit and fee requirements; or • A variance or modification was granted to the previous tenant or owner, and the conditions warranting the variance or modification are still 91 ORDINANCE NO. 5676 present. The approval or denial shall be documented by administrative determination. If the roviowing official Administrator indicates that conditions do not appear to warrant continuation of the previous variance or modification, the applicant may submit a new variance or modification application; or • The applicant proposes to alter the nonconforming sign in order to make it fully conforming. Alteration of the sign shall be subject to applicable sign permit and fee requirements; or • Application is made for a sign modification or variance as appropriate. If the above provisions are not met, then the nonconforming sign or sign structure shall be removed immediately. iv. Immediate Removal: If the provisions of subsection D6b(iii) of this Section are not met, then the nonconforming sign or sign structure shall be removed immediately. SECTION CXX. Subsection 4-4-100H.9, Modifications of City Center Sign Regulations, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 9. Modifications of City Center Sign Regulations: a. Authority and Purpose: The Dovolopmont Sorvicos—Diroctor Communitv and Economic Development Administrator may grant a modification from the sign standards for individual signs which do not meet the specific 92 ORDINANCE NO. 5676 provisions of the City Center sign standards when the proposed sign is intended to accomplish one (1) of the following purposes: i. Respond to the needs of the public in locating a business establishment; or ii. Assist business in contributing to the economic well-being of the community; or iii. Install a sign that is considered to be historic or of historic value by the advertising industry or a recognized historic preservation organization, provided that such entity was not involved in the use, design or production of the proposed sign; or iv. Result in a reduction of signs on a site; or v. Result in a reduction in the number of freestanding or ground signs otherwise allowed; or vi. Result in a coordinated sign plan for a multi-tenant building or multiple building complex. b. Review Criteria: If the Dovolopmont Services Diroctor Communitv and Economic Development Administrator determines that the intent of the proposed sign accomplishes one (1) of the above purposes, the Dovolopmont Sorvicos Diroctor Community and Economic Development Administrator may grant a modification request provided the proposed sign also meets all of the following criteria: 93 ORDINANCE NO. 5676 i. The modification will not create a significant adverse impact to other property or improvements in the immediate vicinity of the subject property; and ii. The modification will not increase the number of signs allowed by this Chapter; and iii. The modification will not increase the allowed height or area of any wall, projecting, awning/canopy/marquee/traditional marquee, or secondary sign by more than twenty^five percent (25%); and iv. The modification will not increase the allowed height or area of any freestanding or ground sign; and v. The modification does not create a public safety hazard. c. Variance May Be Required: Proposals which do not meet the purposes or criteria of subsections H9a and H9b of this Section may be reviewed as variance applications as provided in subsection R of this Section. d. Fees: Fees shall be as stipulated by RMC 4-1-140M4. SECTION CXXI. Subsection 4-4-100J.2.b.iv(f), Permitted Locations, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: (f) Permitted Locations: Sign panels shall be located on designated kiosk structures within the public right-of-way. If available kiosk structures will not permit adequate directional information, kiosk structures may 94 ORDINANCE NO. 5676 be approved on private property with the permission of the property owner granted through an easement. A kiosk location plan shall be prepared showing the site of each kiosk and shall be submitted to the Planning Diroctor Communitv and Economic Development Administrator for review and decision with the sign permit applications. SECTION CXXII. Subsection 4-4-100J.2.b.iv(i), Design Standards, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: (i) Design Standards: Colors, fonts, etc., shall conform to design standards approved by the Planning Director Community and Economic Development Administrator. SECTION CXXIII. Subsection 4-4-100S, Variances, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: S. VARIANCES: Applications for variances from the provisions of this Chapter shall be heard by the Community and Economic Dovolopmont Administrator or his/hor dosignoo as provided in RMC 4-8-070D and consistent with the provisions of RMC 4-9-250B. 95 ORDINANCE NO. 5676 SECTION CXXIV. Subsection 4-4-110A, Intent, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. INTENT: The intent of the regulation of bulk storage facilities is to allow such facilities in a location and manner so they are compatible with adjacent or abutting properties and beneficial to the City and in accordance with the State Environmental Policy Act. It is further the intent to insure that the safety, health, welfare, aesthetics and morals of the community are maintained at a high level. SECTION CXXV. Subsection 4-4-110C.2, Applicability, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Applicability: The Building Department of Communitv and Economic Development shall be responsible for determining whether an application is a bulk storage facility as defined herein. SECTION CXXVI. Subsection 4-4-110C.3, Authority and Responsibility, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 96 ORDINANCE NO. 5676 3. Authority and Responsibility: The Hearing Examiner is designated as the official agency of the City for the conduct of public hearings, and the Building Department Communitv and Economic Development Administrator is responsible for the general administration and coordination. The Building Department Administrator shall establish administrative procedures, which shall include, but are not limited to: ^preparation of application forms, determining completeness and acceptance of application, and establishment of interdepartmental review routing procedures. SECTION CXXVII. Subsection 4-4-110D.3.b.ii, Landscaping Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: ii. Landscaping Required: All areas between the property lines and the screen shall be landscaped except for ingress and egress areas and except when a second bulk storage facility has a contiguous side or rear property line with an existing bulk storage facility constructed to the standards specified in this Section. The landscape plan shall be prepared by a licensed landscape architect and approved by the Building Dopartmont Administrator. SECTION CXXVIII. Subsection 4-4-110D.3.C, Screening Required for Other Bulk Storage, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 97 ORDINANCE NO. 5676 c. Screening Required for Other Bulk Storage: Those bulk storage uses not included in subsection D3b of this Section shall have a screen including gates and shall be at least eighty percent (80%) opaque surrounding the property area. Said screen shall be at least twenty^five percent (25%) as high as the bulk storage containers or stock piles provided said screen is at least eight feet (8') high. The screen and optional security fence shall be set back at least twenty feet (20') from all property lines except that for those bulk storage facilities whose total ownership is less than two and one-half (2-1/2) contiguous acres in area, the Hearing Examiner may reduce this setback up to fifty percent (50%) for good cause and upon proper written application. All areas between the property lines and the screen shall be landscaped except for ingress and egress areas and except when a second bulk storage facility has a contiguous side or rear property line that abuts an existing bulk storage facility constructed to the standards specified in this Section provided there is at least a twenty foot (20') landscaped strip. The landscape plan is to be approved by the Building Dopartmont Administrator. A landscaped berm may be used by itself or in combination with a screen provided the required height is met. The slopes of said berm shall be at least two feet (21) horizontal to one foot (1') vertical. There shall be a flat area on top of the berm with a minimum width of two feet (2'). A retaining wall may be substituted for the internal side of the berm provided the retaining wall is approved by a licensed engineer. 98 ORDINANCE NO. 5676 SECTION CXXIX. Subsection 4-4-110D.6.d, Method of Measurement, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. Method of Measurement: The samples shall be taken by a qualified person as per the publication of the ACGIH and the concentrations of toxic substances shall be measured in a certified laboratory or facility at the request of the Administrativo Official Administrator. SECTION CXXX. Subsection 4-4-110D.7.g, Paving of Access Routes, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: g. Paving of Access Routes: All on-site surfaces used for daily traffic within the lot or as a part of the traffic flow pattern required in subsection D7d of this Section shall be paved and maintained in a good condition with an asphalt surfacing, or its equivalent if approved by tho Administrativo Official, to prevent the generation of dust or the tracking of mud onto public rights-of-way. SECTION CXXXI. Subsection 4-4-110D.9.C, Standards and Permits, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 99 ORDINANCE NO. 5676 c. Standards and Permits: The discharge of any water containing liquid, gas or solid wastes in solution and/or as a mixture into any part of the natural water system shall comply with the standards and compatibility requirements of the Washington State Department of Ecology or any successor department or agency thereof. The Administrative Official Administrator shall be supplied with a true copy of any and all discharge permits issued to the facility by the State of Washington Department of Ecology. SECTION CXXXII. Subsection 4-4-110D.9.f, Proof of Compliance, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: f. Proof of Compliance: Upon the—request of tho Administrative Official, the industry shall provide substantial proof of having disposed of liquid waste, falling in the categories of subsection D9e of this Section equal to or greater than eighty percent (80%) in either volume or weight of the amount generated during the previous six (6) months of operation. Should the generation of such liquid waste be on a sporadic basis then the industry shall provide tho Administrative Official—w+fck written evidence of substantial compliance with this subsection. SECTION CXXXIII. Subsection 4-4-110D.ll.b, Maximum Levels, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby 100 ORDINANCE NO. 5676 amended so the first paragraph is amended as shown below. The table following the first paragraph shall remain as currently codified. b. Maximum Levels: The concentration of specific compounds listed in the following schedule shall not exceed the odor threshold values in two (2) consecutive air samples. Three (3) air samples are to be taken over a two (2) hour period, one (1) sample each at the beginning and end of the test period and one (1) sample near the time midway through the sample period. The Administrative Official Administrator may establish the time of the sample period. When more than one (1) concentration is listed for a substance in these standards, the more stringent shall apply. SECTION CXXXIV. Subsection 4-4-llOD.ll.c, Testing Procedure, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Testing Procedure: The samples shall be taken by a qualified person and the concentrations of odorants shall be measured in a certified laboratory or facility at the request of the Administrativo Official Administrator. The location for taking the three (3) samples shall remain fixed during the test period and shall be at a point outside lot lines, at ground level or habitable elevations and a safe and reasonable place consistent with the location of the reported violation. 101 ORDINANCE NO. 5676 SECTION CXXXV. Subsection 4-4-110D.12.C, Barrier Required, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Barrier Required: An industry or facility storing for its own use or redistribution any highly flammable toxic or polluting liquid of a capacity equal to or greater than the lesser of that quantity sufficient to result in a flow across lot lines or a quantity of fifteen (15) cubic inches per square foot of total lot area shall construct a permanent continuous barrier surrounding all buildings, structures and facilities which could contribute to the flow. The storage in liquid form of those materials which are normally in a gas phase at ambient temperature and atmospheric pressures shall be contained within a barrier unless it is determined by the Administrativo Official that dispersion of the resulting gas or aerosol would be less hazardous. The capacity of the space within the barrier shall be one hundred percent (100%) of the maximum possible volume of stored liquid and the top of the barrier shall be at least one foot (l1) above this liquid level. The barrier shall be designed and constructed in such a manner that there is no visible leakage on or below any portion of the exterior surface of the barrier which is below the level of the confined liquid after a forty; eight (48) hour period. A report on a test of a typical barrier section constructed to full scale shall be prepared by a licensed engineer and submitted as proof of the design. 102 ORDINANCE NO. 5676 SECTION CXXXVI. Subsection 4-4-110D.13.e, Further Emission Limitations During an Alert, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: e. Further Emission Limitations During an Alert: A facility shall be capable of achieving a condition of near-zero discharge during an alert or higher stage of operational and technical means to reach the lowest physically possible quantity of emissions during the entire alert period. It shall be the responsibility of the Administrative Official Administrator to enforce a reduction in the process weight to comply with this restriction. SECTION CXXXVII. Subsection 4-4-110D.13.g, Report by Developer Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: g. Report by Developer Required: It shall be the responsibility of the developer of the facility to ascertain the information required in the emission and density schedule in this subsection D13 and to report such finding to the Administrative Official Administrator. All new facilities or expansion of existing facilities, unless exempted by the limitations in the emission and density schedule in this subsection D13, shall provide an initial report covering the emission of those specific substances listed in the emission and density schedule in this subsection D13. The report shall cover the first three (3) months of 103 ORDINANCE NO. 5676 operation and shall be filed with the Administrative Official Administrator within thirty (30) days after the end of the reporting period. The report shall enumerate all sources by type or category contributing ten percent (10%) or more of the total emission for each specific substance. The total of all sources contributing less than ten percent (10%) individually may be grouped as one (1) entry and if so shall specify the number of sources included. The report shall contain such information or analyses as will disclose the reported values of the emissions which are or may be discharged by such source. The report shall be certified by a licensed engineer. SECTION CXXXVIH. Subsection 4-4-110D.13.h, Quarterly Reports May Be Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: h. Quarterly Reports May Be Required: Each emission greater than twenty percent (20%) of the annual weight per facility or spatial density, computed on an annual basis, as reported in subsection D13g of this Section shall be reported thereafter on a quarterly basis until such time as the total weight of the specific emission drops below and remains below the twenty percent (20%) specified above. Such reports shall be due and filed with the Administrative Official Administrator within thirty (30) days after the end of the reporting quarter. The beginning and ending dates of each quarter shall be established during the approval process by the Administrative Official. 104 ORDINANCE NO, 5676 SECTION CXXXIX. Subsection 4-4-110D.13.i, Notification Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: i. Notification Required: Each facility subject to this standard shall be responsible for notifying the Administrativo Official Administrator of all new initial emissions of a substance listed in the emission and density schedule in this subsection D13 and all . increases in emissions of that specific substance for existing sources, above the twenty percent (20%) level specified in subsection D13h of this Section. Such notification will be in a report as per subsection D13g of this Section. SECTION CXL Subsection 4-4-110D.13.j, Additional Reports Authorized, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: j. Additional Reports Authorized: In addition to such reports as required above, the Administrativo Official Administrator may designate and employ a licensed engineer of his choice to make an independent study and report as to the type and quantity of emissions which are or may be discharged from the source. The Administrativo Official Administrator shall be authorized to enter and inspect the facility upon a showing of need and upon the owner's permission or upon court order. 105 ORDINANCE NO. 5676 SECTION CXU. Subsection 4-4-110D.13.I, Special Emission Standards for Existing Facilities, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. Special Emission Standards for Existing Facilities: All existing bulk storage facilities on the effective date of this Section (9-18-1975) and emitting more than the maximum permitted emission of any listed substance shall be assumed as having the maximum permitted emission for the purpose of calculating the locational density of facilities as specified in subsection D13k of this Section. For the purpose of this standard, existing bulk storage facilities shall include those facilities for which substantial construction, other than site preparation, is in progress and as determined by the Administrative Official Administrator. SECTION CXLII. Subsection 4-4-110D.13.m, Compliance Later Required for Existing Facilities, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: m. Compliance Later Required for Existing Facilities: All existing facilities qualifying under subsection D13/I of this Section shall comply with the emission standards set forth in the emission and density schedule in this subsection D13 within three (3) years of the effective date of this Section. A one; time extension of up to two (2) years may be granted by the Administrativo 106 ORDINANCE NO. 5676 Official upon the showing of good cause why compliance cannot be achieved within the specified time period. SECTION CXLIII. Subsection 4-4-130C.8.d of subsection 4-4-130C.8, Site Investigative Work, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. No site investigative work shall commence without first notifying the Communitv and Economic Development Administrator Diroctor or his or hor dosignoo in advance. SECTION CXLIV. Subsection 4-4-130E, Review Authority, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. REVIEW AUTHORITY 1. Authority and Interpretation: The Reviewing Official Communitv and Economic Development Administrator is hereby authorized and directed to interpret and enforce all the provisions of this Section when no other permit or approval requires Hearing Examiner review. He or she is authorized to require retention above the minimum standards, to require phasing of tree retention plans, or to require any other measures to meet the purpose of this Section. 2. Independent Secondary Review: The Reviewing Official Administrator may require independent review of any land use application that involves tree 107 ORDINANCE NO. 5676 removal and land clearing at the City's discretion. An evaluation by an independent qualified professional regarding the applicant's analysis on the effectiveness of any proposed removal, retention, or replacement measures, to include recommendations as appropriate. This review shall be paid for by the applicant and the City shall select the third-party review professional. SECTION CXLV. Subsection 4-4-130H.l.d, Utility Uses and Mineral Extraction Uses, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. Utility Uses and Mineral Extraction Uses: Such operations shall be exempt from the protected tree retention requirements of this Chapter if removal can be justified in writing and approved by the Roviowing Official Administrator. SECTION CXLVI. Subsection 4-4-130H.7, Tree/Ground Cover Retention, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7. Tree/Ground Cover Retention: The following measures may be used by tho Roviowing Official in conditioning a land development permit or building permit proposal, to comply with the general review criteria of subsection H4 of this Section: 108 ORDINANCE NO. 5676 a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. The Roviowing Official may-reqwre m Modification of the tree retention and land clearing plan, or the associated land development permits, may be required to ensure the retention of the maximum number of trees. b. The Reviewing Official may roquiro tho applicant may be required to replace trees, provide interim erosion control, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. c. Trees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. d. Except in critical areas or their buffers, unless enhancement activities are being performed, the removal of trees on the following list should be allowed in order to avoid invasive root systems, weak wood prone to breakage, or varieties which tend to harbor insect pests: i. All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Italica"), etc. ii. All Alnus species which includes red alder (Alnus oregona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. iii. Salix species which includes weeping willow (Salix babylonica), etc. 109 ORDINANCE NO. 5676 iv. All Platanus species which include London plane tree (Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis), etc. SECTION CXLV1I. Subsection 4-4-130H.8.e, Restrictions on Grading Within the Drip Lines of Retained Trees, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: e. Restrictions on Grading Within the Drip Lines of Retained Trees: The grade level around any tree to be retained may not be lowered within the greater of the following areas: (i) the area defined by the drip line of the tree, or (ii) an area around the tree equal to one and one-half feet (1-1/2') in diameter for each one inch (1") of tree caliper. Tho Reviewing Official may require a A larger tree protection zone based on tree size, species, soil, or other conditions may be required. SECTION CXLVIII. Subsection 4-4-130H.8J, Mulch Layer Required, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: f. Mulch Layer Required: All areas within the required fencing shall be covered completely and evenly with a minimum of three inches (3") of bark mulch prior to installation of the protective fencing. Exceptions may be approved by tho Reviewing Official if the mulch will adversely affect protected ground cover plants. 110 ORDINANCE NO. 5676 SECTION CXLIX. Subsection 4-4-130H.8.h, Alternative Protection, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: h. Alternative Protection: Alternative safeguards may be used if determined by tho Roviowing Official to provide equal or greater tree protection. SECTION CL. Subsection 4-4-1301, Variance Procedures, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. VARIANCE PROCEDURES: The Roviowing Official Administrator shall have the authority to grant variances from the provisions of this Section pursuant to RMC 4-8-070D and the decision criteria in RMC 4-9-250 when no other permit or approval requires Hearing Examiner review. SECTION CLI. Subsection 4-4-140D, Administering and Enforcing Authority, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. ADMINISTERING AND ENFORCING AUTHORITY: The Community and Economic Development Administrator or dosignoo is responsible for the general administration and coordination of this Section. Ill ORDINANCE NO. 5676 SECTION CUI. Subsection 4-4-140F.1, Equipment Shelters or Cabinets, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Equipment Shelters or Cabinets: a. Location: Accessory equipment facilities used to house wireless communication equipment and associated cabling should be located within buildings or placed underground when possible. However, in those.cases where it can be demonstrated by the applicant to the roviowing official that the equipment cannot be located in buildings or underground, equipment shelters or cabinets shall be screened and/or landscaped to the satisfaction of the roviowing official Administrator. b. Landscaping and Screening: Landscaping, for accessory equipment located on private property, shall include a minimum fifteen foot (15') sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building need not be landscaped but shall be enclosed so as to be shielded from view. Accessory equipment located on public right-of-way shall be screened and/or,: landscaped as determined by the roviowing official Administrator through the conditional use permit process. Accessory equipment facilities may not be enclosed with exposed metal surfaces. 112 ORDINANCE NO. 5676 c. Size: The applicant must provide documentation to tho roviowing official that the size of any accessory equipment is the minimum possible necessary to meet the provider's service needs. SECTION CLIN. Subsection 4-4-140F.6, Advertising Prohibited, of Chapter 4, City- Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent abutting roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. Antenna arrays may be located on previously approved signs or billboards without alteration of the existing advertising or sign. SECTION CLIV. The "Location on Buildings" and "Landscaping and Screening" rows of subsection 4-4-140G, Standards For Specific Types of Wireless Facilities, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown below. The rest of the table shall remain as currently codified. MICRO FACILITY MINI FACILITY MACRO FACILITY MONOPOLE 1 MONOPOLE II LATTICE TOWERS Location on Buildings A Micro Facility shall be located A Mini Facility may be located A Macro Facility may be located NA NA NA 113 ORDINANCE NO. 5676 on existing buildings, poles or other existing support structures. A Micro Facility may locate on buildings and structures; provided, that the interior wall or ceiling immediately adjacent to abutting the facility is not designated residential space. on buildings and structures provided that the immediate interior wall or ceiling adjacontto abutting to the facility is not a designated residential space. on buildings and structures provided that the immediate interior wall or ceiling to the facility is not a designated residential space. Landscaping and Screening NA NA NA See subsection F of this Section, Standards. A minimum landscaping area of 15 feet shall be required surrounding the facility, or equivalent screening as approved by the Roviowing See subsection F of this Section, Standards. A minimum landscaping area of 15 feet shall be required surrounding the facility, or equivalent screening as approved by the Roviowing See subsection F of this Section, Standards. A minimum landscaping area of 15 feet shall be required surrounding the facility, or equivalent screening as approved by the Reviewing 114 ORDINANCE NO. 5676 Official Administrator. Official lAdministrator. Landscaping shall include trees, shrubs and ground cover. The required landscaped areas shall include an automated irrigation system. Official lAdministrator. Landscaping shall include trees, shrubs and ground cover. The required andscaped (areas shall nclude an (automated irrigation Isystem. Landscaping shall include trees, shrubs and ground cover. The required andscaped lareas shall nclude an lautomated rrigation Isystem. SECTION CLV. Subsection 4-5-050D.4, Appeals Board, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4. Appeals Board: The Appeals Board for purposes of Section 113 of the International Building Code shall be the Community and Economic Development Administrator or designee. SECTION CLVI. Subsection 4-5-055D.3, Appeals Board, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 115 ORDINANCE NO. 5676 3. Appeals Board: The Appeals Board for purposes of Section R112.1 of the International Residential Code shall hereafter be the Community and Economic Development Administrator or dosignoo. SECTION CLVII. Subsection 4-5-070C.42 of subsection 4-5-070C, Amendments and Additions to the Fire Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so subsections 510.7.1, 510.8.4, 510.8.5, 510.9.1, and 510.9.5 of Section 510, Emergency Responder Radio Coverage, of the International Fire Code, 2009 Edition are amended as shown below. The rest of the subsections shall remain as currently codified. 510.7.1 The frequency range which must be supported shall be public safety frequency spectrum as determined by the regional Radio System operator in all areas of the building. Measurements in buildings for the purpose of this Section shall be to a portable radio of the type the City and the 911 system then currently utilize. The City's Dovolopmont Sorvicos Director Communitv and Economic Development Administrator may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety grade coverage. 510.8.4 When an in-building radio system is required, the building owner shall cause a technician in possession of a current FCC license, or a technician certified by the APCO or the PCIA, to test all active components of the system, including but not limited to amplifiers, power supplies and backup batteries, a 116 ORDINANCE NO. 5676 minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain remains the same as that found upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load for a one (1) hour test period. In the opinion of the testing technician, if the battery exhibits symptoms of failure, the test shall be extended for additional one (1) hour periods until the testing technician confirms the integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purpose. The technician shall prepare a written report documenting the test findings, and the building owner shall provide the Development Services Director Communitv and Economic Development Administrator with a copy within ten (10) days of completion of testing. 510.8.5 Each building owner shall submit at least one (1) field test, or as determined by the Devolopment Sorvicos Diroctor Communitv and Economic Development Administrator, whenever structural changes occur to the building that would materially change the original field performance tests by a consultant approved by the Dovolopmont Sorvicos Diroctor Communitv and Economic Development Administrator. The performance test shall include, at minimum, a floor plan and the signal strength in various locations of the building. 510.9.1 Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable system and/or an internal multiple antenna system with FCC type accepted bi-directional 800 MHz 117 ORDINANCE NO. 5676 amplifiers, or systems otherwise approved by the Devolopment Services Director Communitv and Economic Development Administrator in order to achieve the required adequate radio coverage. 510.9.5 The following information shall be provided to the Devolopment Services Diroctor Community and Economic Development Administrator by the builder: A blueprint showing the location of the amplification equipment and associated antenna systems which includes a view showing building access to the equipment, and schematic drawings of the electrical, backup power, antenna system and any other associated equipment relative to the amplification equipment including panel locations and labeling. SECTION CLVII). Subsection 4-5-090B, Appeals Board, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. APPEALS BOARD: The Appeals Board for purposes of Section 109 shall be the Community and Economic Development Administrator or dosignoo. SECTION CLIX. Subsection 4-5-100B, Appeals Board, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. APPEALS BOARD: 118 ORDINANCE NO. 5676 The Appeals Board for purposes of Section 109.1 shall be the Community and Economic Development Administrator or designee. SECTION CLX. Subsection 4-5-120I.4.C of subsection 4-5-1201.4, System Evaluation Criteria, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Groundwater monitoring may be required by the Fire Code Official or the Official's designee in an Aquifer Protection Area. The Fire Marshal shall review and approve the number and location of the monitoring well(s). More than one (1) underground storage facility may be monitored using the same well provided the well is directly downgradient of all underground storage facilities being monitored and is within one thousand feet (1,000') of all underground storage facilities being monitored. SECTION CLXI. Subsection 4-5-130B.15 of subsection 4-5-130B, Amendments, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so subsections 301.3.4.3 and 301.3.10 of Section 301.3, Vacant buildings and land, of the International Property Maintenance Code, are amended as shown below. The rest of the subsections shall remain as currently codified. 301.3.4.3 Fire inspections: Periodic Fire and Emergency Services Department inspections may be required at intervals set forth by the Ff-ire Cehief or his or hor dosignoo. 119 ORDINANCE NO. 5676 301.3.10 Notice to person responsible: The code official may inspect the building and premises whenever the code official has reason to believe that a building is vacant, subject to a duly issued court warrant, if there is a present danger, or under the terms of the City's community carjacking caretaking function. If the code official determines that a vacant building violates any provision of this section, the code official shall notify in writing the owner of the building or real property upon which the building is located, or other person responsible, of the violations and required corrections and shall be given a time frame to comply. SECTION CLXII. Subsection 4-6-020C, Authority, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. AUTHORITY: The Administrator of tho Dopartmont of Public Works Administrator will administer the provisions of the Chapter. He/Sho The Administrator will designate cross connection specialists and propound all needful rules and regulations to implement these provisions. The Water Utility Section of the Utility Systems Division will be responsible for monitoring and inspecting all existing cross connection assemblies and for keeping all records generated by the cross connection control program. The Plan Review Section of the Development Services Division of the Department of Community and Economic 120 ORDINANCE NO. 5676 Development will be responsible for reviewing all new and revised plans for cross connections. SECTION CLXIII. Subsection 4-6-020D.21 of subsection 4-6-020D, Installation of Backflow Prevention Assemblies, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 21. Others specified by the Administrator of tho Department of Planning/Building/Public Works Administrator. SECTION CLXIV. Subsection 4-6-030E.l.d of subsection 4-6-030E.1, When Required, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: d. Contains or is adjacent to abutting a critical area designation, defined and regulated in RMC 4-3-050. SECTION CLXV. Subsection 4-6-030H.2, Prohibition of Illicit Connections, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Prohibition of Illicit Connections: The construction, use, maintenance or continued existence of any connection identified by the Administrator er- dosignoo, that may convey any pollution or contaminants or anything not composed entirely of surface water and stormwater, directly into the MS4, is 121 ORDINANCE NO. 5676 prohibited, including without limitation, existing illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. SECTION CLXV1. Subsection 4-6-030H.3, Remedy, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. Remedy: a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall initiate and complete all actions necessary to remedy the effects of such connection or discharge at no cost to the City. b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property on which the illicit connection or illicit discharge has occurred fails to address the illicit connection or illicit discharge in a timely manner, the Administrator or dosignoo shall have the authority to implement removal or remedial actions following lawful entry upon the property. Such actions may include, but not be limited to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of the illicit discharge, and remediation of soil and/or groundwater. The property owner and/or other person responsible for the release of an illicit discharge shall be responsible for any costs incurred by the Public Works Department or its authorized agents in the conduct of such 122 ORDINANCE NO. 5676 remedial actions and shall be responsible for City expenses incurred due to the illicit connection or illicit discharge, including but not limited to removal and/or remedial actions in accordance with RMC 1-3-3. c. Compliance with this subsection H shall be achieved through the implementation and maintenance of best management practices (BMPs) described in the Stormwater Pollution Prevention Manual. The Administrator ©f designee shall initially rely on education and informational assistance to gain compliance with this subsection H, unless the Administrator or designee determines a violation poses a hazard to public health, safety, or welfare, endangers any property and/or other property owned or maintained by the City, and therefore should be addressed through immediate penalties. The Administrator or designee may demand immediate cessation of illicit discharges and assess penalties for violations that are an imminent or substantial danger to the health or welfare of persons or danger to the environment. SECTION CLXVII. Subsection 4-6-030H.4, Elimination of Illicit Connection and/or Illicit Discharge, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4. Elimination of Illicit Connection and/or Illicit Discharge: a. Notice of Violation: Whenever the Administrator or dosignoo finds that a person has violated a prohibition or failed to meet a requirement of this Section, he or she may order compliance by written notice of violation to the 123 ORDINANCE NO. 5676 property owner and/or responsible person, by first class and certified mail with return receipt requested. Such notice may require without limitation: i. The performance of monitoring, analyses, and reporting by the violator; ii. The elimination of illicit connections or discharges; iii. That violating discharges, practices, or operations shall immediately cease and desist; iv. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and v. The implementation of source control or treatment BMPs. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system and/or waters of the State. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. b. Requirement to Eliminate Illicit Connection: The Administrator ©f dosignoo shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit connection, informing the property owner or person responsible for an illicit connection to the MS4 that the connection must be terminated by a specified date. 124 ORDINANCE NO. 5676 c. Requirement to Eliminate Illicit Discharges: The Administrator ©f dosignoo shall send a written notice, sent by first class and certified mail with return receipt requested to the property owner and/or the person responsible for the illicit discharge, informing the property owner or person responsible for an illicit discharge to the MS4, whether it be surface water and/or groundwater, that the discharge must be terminated by a specified date. d. Sample and Analysis: When the Administrator or dosignoo has reason to believe that an illicit connection is resulting in an illicit discharge, the Administrator or dosignoo may sample and analyze the discharge and recover the cost of such sampling and analysis from the property owner or person responsible for such illicit connection or discharge pursuant to RMC 1-3-3, as now or as hereafter may be amended, and require the person permitting or maintaining the illicit connection and/or discharge to conduct ongoing monitoring at that person's expense. e. Right of Appeal from Administrative Decision: Any person aggrieved by an administrative decision of the Administrator or dosignoo may appeal such decision pursuant to RMC 4-8-110. f. Any illicit connection and/or illicit discharge as set forth in this Section or the Stormwater Pollution Prevention Manual is hereby declared to be a nuisance pursuant to RMC 1-3-3, and as defined in RMC 1-3 4Allc(23) 1-3- 3B.19. 125 ORDINANCE NO. 5676 SECTION CLXVIII. Subsection 4-6-030H.6, inspections, Investigation and Sampling, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. Inspections, Investigation and Sampling: The Administrator ©f dosignoo may lawfully enter property to inspect the facilities of any person to determine compliance with the requirements of these regulations. a. Access: i. The Administrator or dosignoe shall be permitted to lawfully enter and inspect sites subject to regulation under this Chapter and Section as often as may be necessary to determine compliance herewith, at all reasonable hours for the purpose of inspections, sampling or records examination. ii. The Administrator or dosignoo shall have the right to set up on the property necessary devices to conduct sampling, inspection, compliance monitoring, and/or metering actions. b. Compliance with Inspection Report: Within thirty (30) days of receiving an inspection report from the Public Works Department, the property owner or operator shall file with the Department a plan and time schedule to implement any required modifications to the site or to the monitoring plan needed to achieve compliance with the intent of this Chapter or Section or the NPDES permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department. 126 ORDINANCE NO. 5676 SECTION CLXIX. Subsection 4-6-060B, Administering and Enforcing Authority, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. ADMINISTERING AND ENFORCING AUTHORITY: The Administrator of tho—Dopartmont of Community and Economic Development Administrator and/or dosignoo is responsible for the general administration and coordination of this section. SECTION CLXX. Subsection 4-6-060C, Applicability, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. APPLICABILITY: The standards in this section will be used for all public and private street improvements within the City of Renton. Whenever a building permit is applied for or application made for a Sshort Pelat or a full subdivision, the applicant for such permit and/or application shall build and install certain street improvements, including, but not limited to: lighting on all adjacent abutting rights-of-way, and all private street improvements on access easements. The minimum design standards for streets are listed in the tables set forth in subsection F2 of this Section. These standards will determine specific street improvement requirements for development projects, including Sshort Pplats and subdivisions. 127 ORDINANCE NO. 5676 SECTION CLXXI. Subsection 4-6-060D.3 of subsection 4-6-060D, Exemptions, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. The construction of one (1) single family house, or the modification or addition to an existing house if the public street adjacent to abutting the lot under construction is currently used for vehicular access and improved with pavement. If the street does not meet the criteria, then the street must be improved to meet minimum Fire and Emergency Services Department Standards. SECTION CLXX1I. Subsection 4-6-060E, Right-Of-Way Dedication Required, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. RIGHT-OF-WAY DEDICATION REQUIRED: 1. Dedication Required for Development: Where the existing width for any right-of-way adjacent to abutting the development site is less than the minimum standards listed in subsection F of this Section, additional right-of-way dedication will be required for the proposed development. 2. Amount of Dedication: The right-of-way dedication required shall be half of the difference between the existing width and the minimum required width as listed in subsection F of this Section. In cases where additional right-of- way has been dedicated on the opposite side of the right-of-way from the 128 ORDINANCE NO. 5676 development site in compliance with this Section, then dedication of the remaining right-of-way width to obtain the minimum width as listed in subsection F of this Section shall be required. 3. Waiver of Dedication: The Administrator of tho Dopartmont of Community and Economic Dovelopment and/or designee may waive the requirement for additional right-of-way dedication pursuant to RMC 4-9-250C, Waiver Procedures, where it is determined by the Administrator and/or dosignoo that construction of full street improvements is not anticipated in the future. SECTION CLXXIII. The first paragraph, the "Planting Strips" row, and note and condition 6, of subsection 4-6-060F.2, Minimum Design Standards for Public Streets and Alleys, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown below. The rest of the table shall remain as currently codified. 2. Minimum Design Standards for Public Streets and Alleys: All such improvements shall be constructed to the City Standards for Municipal Public Works Construction. Standards for construction shall be as specified in the following table, and by the Administrator of tho Department of Community and Economic Dovolopmont and/or dosignoo. Minimum Design Standard s1 (see notes) Functional Classifications: Public Streets and Alleys Principal Minor Commercial-Commercial Residential Limited Alleys 129 ORDINANCE NO. 5676 Arterial Arterial Mixed Use, Industrial, & Neighborhood Collector Arterial -Mixed Use & Industrial Access Access Residential Access Planting 8' 8' 8' between 8' between 8' 8' None Strips4 between between curb & walk curb & walk between between curb & curb & both sides both sides curb & curb & walk walk walk walk both both both both sides sides sides sides Tree grates and hardscape may be substituted for May be reduced if planting strip area if approved by Roviowing approved by Official Administrator. Roviowing Official Administrator.5 NOTES AND CONDITIONS: MINIMUM DESIGN STANDARDS TABLE FOR PUBLIC STREETS AND ALLEYS: 6 A second parking lane mav be required by the Reviewing Official Administrator. SECTION CLXXIV. Subsection 4-6-060F.7, Curves, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7. Curves: a. Horizontal Curves: Where a deflection angle of more than ten degrees (10°) in the alignment of a street occurs, a curve of reasonably long radius shall be introduced, subject to review and approval of the Administrator of the Dopartmont of Community and Economic Dovolopmont and/or dosignoo. 130 ORDINANCE NO. 5676 b. Vertical Curves: All changes in grade shall be connected by vertical curves of a minimum length of two hundred feet (200') unless specified otherwise by the Administrator of the Department of Community and Economic Dovolopmont and/or dosignoo. c. Tangents for Reverse Curves: A tangent of at least two hundred feet (200') in length shall be provided between reverse curves for arterials; one hundred fifty feet (150') for collectors and one hundred feet (100') for residential access streets. SECTION CLXXV. Subsection 4-6-060F.8, City Center Planning Area and Urban Design Districts - Special Standards, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8. City Center Planning Area and Urban Design Districts - Special Standards: Greater sidewalk widths may be required in the City Center Planning Area and Urban Design Districts as part of Ssite Pelan Development Rfeview for specific projects. The Administrator of tho Department of Community and Economic Development and/or dosignoo may require that sidewalks be extended from the property line to the curb with provisions made for street trees and other landscaping requirements, street lighting, and fire hydrants. SECTION CLXXVI. Subsection 4-6-060G.2, Exemptions, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 131 ORDINANCE NO. 5676 2. Exemptions: Pedestrian and bicycle facilities are not required to be established when it is concluded by the Administrator of tho Dopartmont of Community and Economic Dovolopmont and/or dosignoo that application of complete streets principles is unnecessary or inappropriate: a. Where their establishment would be contrary to public safety; or b. When the cost would be excessively disproportionate to the need or probable use; or c. Where there is no identified long-term need; or d. Where the establishment would violate Comprehensive Plan policies; or e. Where the Administrator of tho Dopartmont of Community and Economic Dovolopmont and/or designee grants a documented exemption which may only be authorized in specific situations where conditions warrant. Such site-specific exemptions shall not constitute general changes to the minimum street standards established in this Section. SECTION CLXXVII. Subsection 4-6-060H, Dead End Streets, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: H. DEAD END STREETS: 1. Limited Application: Cul-de-sac and dead end streets are limited in application and may only be permitted by the Roviowing Official Administrator 132 ORDINANCE NO. 5676 where, due to demonstrable physical constraints, no future connection to a larger street pattern is physically possible. 2. Cu I-de-Sacs and Turnarounds When Permitted - Minimum Requirements: Minimum standards for dead end streets, if approved by the Department of Community and Economic Development, are as follows: LENGTH OF STREET TYPE OF TURNAROUND For up to 150' in length No turnaround required. From 150' to 300' in length Dedicated hammerhead turnaround or cul-de-sac required. From 300' to 500' in length Cul-de-sac required. From 500' to 700' in length Cul-de-sac required. Fire sprinkler system required for houses. Longer than 700' in length Two means of access and fire sprinklers required for all houses beyond 500'. 3. Turnaround Design: The hammerhead turnaround shall have a design approved by the Administrator of tho Dopartmont of Community and Economic Dovolopmont and/or dosignoo and Fire and Emergency Services. 4. Cul-de-Sac Design: Cul-de-sacs shall have a minimum paved and landscaped radius of forty;five feet (45') with a right-of-way radius of fiftyzfive feet (55') for the turnaround. A landscaped center island with a radius of twenty feet (20') delineated by curbing shall be provided in the cul-de-sac. The landscaping shall be maintained by the homeowners' association or adjacent property owners. The cul-de-sac turnaround shall have a design approved by the Administrator of the Dopartmont of Community and Economic Dovolopmont and/or dosignoo and Fire and Emergency Services. 133 ORDINANCE NO. 5676 5. Secondary Access Requirement: Secondary access for emergency equipment is required when a development of three (3) or more buildings is located more than two hundred feet (200') from a public street. 6. Waiver of Turnaround: The requirement for a turnaround or cul-de- sac may be waived by the Administrator of tho Dopartmont of Community and Economic Dovolopmont and/or dosignoo with approval of Fire and Emergency Services when the development proposal will not create an increased need for emergency operations pursuant to RMC 4-9-250C, Waiver Procedures. SECTION CLXXVIII. Subsection 4-6-060L Timing For Installation of improvements, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: L TIMING FOR INSTALLATION OF IMPROVEMENTS: No building shall be granted a certificate of final occupancy, or Pplat or Sshort Pplat recorded, until all the required street improvements are constructed in a satisfactory manner and approved by the responsible departments unless those improvements remaining unconstructed have been deferred by the Administrator of tho Dopartmont of Community and Economic Dovolopmont—and/or—dosignoo and security for such unconstructed improvements has been satisfactorily posted. SECTION CLXXIX. Subsection 4-6-060Q.2.a, When Permitted, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled 134 ORDINANCE NO. 5676 "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: a. When Permitted: Half street improvements may be allowed for a residential access street by the Administrator of tho Dopartmont of Community and Economic Dovolopmont and/or dosignoo when it is determined that the adjacent parcel of property has the potential for future development and dedication of the right-of-way necessary for the completion of the street right- of-way. SECTION CLXXX. Subsection 4-6-090C.l.g of subsection 4-6-090C, Exemptions, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: g. When: • undergrounding is required due to extensions, duplications, relocations or rebuilds to existing overhead electrical and communication facilities and there are existing overhead electrical or communication facilities that will not be removed (such as high tension wires), and • the electrical and communication facilities to be removed by undergrounding parallel the facilities that will not be removed, and • are on the same street right-of-way or are immediately adjacent or abutting thereto, either on the same side of the right-of-way or on the opposite side of the right-of-way, then the owners of the property that 135 ORDINANCE NO. 5676 would be required to underground under subsection E3 of this Section will be given the option to request such undergrounding and if the majority of them agree, then the undergrounding shall occur. SECTION CLXXXI. Subsection 4-6-090D.3, Relocations, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. Relocations: Removal of existing facilities with subsequent reinstallation at an adjacent or abutting location, generally necessitated by roadway widening projects, shall constitute a relocation. SECTION CLXXXH. Subsection 4-6-090E.2.a.ii, Special Requirements for Rezoned Areas, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: ii. Special Requirements for Rezoned Areas: All areas rezoned for commercial or industrial use after the effective date of this Chapter shall be converted to underground in the same manner as provided herein for existing facilities within fifteen (15) years from the effective date of such rezoning, subject to a ten (10) year extension by the City; provided, that the Public Works Administrator or his/hor designee elects to add such rezoned areas to those outlined on the map as designated in subsection E2a of this Section. SECTION CLXXXIII. Subsection 4-6-090G.6, As-Built Plans Required for Underground Projects, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of 136 ORDINANCE NO. 5676 Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. As-Built Plans Required for Underground Projects: As-built, project drawings in a form and scale conforming to generally accepted engineering practices shall be submitted in duplicate to the Development Services Division of the Department of Communitv and Economic Development Dopartmont within thirty (30) days of the completion of any underground project within the City. SECTION CLXXXIV. Subsection 4-6-090H.6.b, Delay of Permit Issuance to Allow Notice to Other Utilities, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Delay of Permit Issuance to Allow Notice to Other Utilities: Upon application for an underground permit, the Development Services Division of the Department of Communitv and Economic Development Dopartmont shall determine what utilities and franchise holders shall use the proposed trench and the issuance date of the applicable underground permit. If at the time of application for an underground permit it does not appear that all utilities involved in the undergrounding project have made appropriate arrangements for the use of common trenches, the responsible official may dolay tho issuance of such permit may be delayed until all utilities involved in such relocation shall have been given the opportunity to be heard upon two (2) weeks' notice. 137 ORDINANCE NO. 5676 SECTION CLXXXV. Subsection 4-6-090H.6.e; Development Services Responsibility, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: e. Development Services Responsibility: When arrangements do not appear to involve all the above mentioned utilities in a joint trench, the Development Services Division of the Department of Community and Economic Development Department shall notify the utilities and property owner or owner's agent to provide appropriate arrangements. SECTION CLXXXVI. Subsection 4-6-0901, Variance Procedures, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. VARIANCE PROCEDURES: 1. Authority: All applications for variances from the foregoing underground requirements shall first be filed with the Planning/Building/Public Works Administrator or his/hor designee. The Administrator shall promulgate rules and regulations governing application for, hearings pertaining to, and the granting of variances from the foregoing underground requirements. 2. Review Criteria: Underground requirements shall be waived by a variance only if the utility owner or user or any other affected party can demonstrate that it would work an undue hardship to place the facilities 138 ORDINANCE NO. 5676 concerned underground. By an undue hardship is meant a technological difficulty associated with the particular facility, or with the particular real property involved, or a cost of undergrounding such a facility which, in the discretion of the Planning/Building/Public Works Administrator or his/hor dosignoo, is deemed to outweigh the general welfare consideration implicit in underground installation, or an area where the growth pattern has not been sufficiently established to permit the determination of ultimate service requirements or major service routes. SECTION CLXXXVI I. Subsection 4-7-020B, Administrator, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. ADMINISTRATOR: The Administrator of the—Department of Community and Economic Development Administrator and/or—dosignoo shall review and make recommendations to the Hearing Examiner for Pereliminary Pplats, but shall have the authority to approve Sshort Pplats. SECTION CLXXXVI 11. Section 4-7-030, Notification of Other Agencies, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-7-030 NOTIFICATION OF OTHER AGENCIES: A. NOTICE TO OTHER JURISDICTIONS: 139 ORDINANCE NO. 5676 Notice of the filing of a Pereliminary Pplat of a proposed subdivision in the City, which subdivision is adjacent to or abutting the City's municipal boundaries, or which contemplates the use of King County's or any other city's utilities shall be sent to the appropriate county or city authorities. B. NOTICE FOR STATE HIGHWAYS: Notice of the filing of a ^preliminary Pplat or Sshort Pelat located abutting adjacent to the right-of-way of a State highway shall be sent to the State Department of Transportation. SECTION CLXXXIX. Subsection 4-7-050B.3, Decision, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. Decision: The adjustment is either a pproved, modified, or denied by the Administrator and/or dosignoo; SECTION CXC. Subsection 4-7-050C.4, Short Plats, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4. Short Plats: The Administrator of tho Dopartmont of Community and Economic Dovolopmont and/or dosignoo may approve, modify, or deny the short subdivision; or transfer the matter to the Hearing Examiner for a public hearing and decision. 140 ORDINANCE NO. 5676 SECTION CXCI. Subsection 4-7-050C.5, Improvements, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Planning/Building/Public Works Administrator and/or designee. SECTION CXCII. Subsection 4-7-050D.6, Improvements, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Community and Economic Dovolopmont Administrator or designee. SECTION CXCIII. Subsection 4-7-060A, Purpose, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. PURPOSE: The purpose of a lot line adjustment is to accommodate a transfer of land between abutting adjacent legally created lots provided no additional lot, parcel or tracts are created. SECTION CXCIV. Subsection 4-7-070G, Public Notice, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 141 ORDINANCE NO. 5676 G. PUBLIC NOTICE: Public notice shall be given when Sshort Pplat application is made. The notices shall state the nature and location of the proposed development, the public approvals that are required and the opportunities for public comment. A fourteen (14) day public comment period shall be provided prior to any final action by the Administrator on the proposed Sshort Pplat. Notice of the application for Sshort Pplat shall be given in the following manner: 1. Public Information Sign: A minimum of one (1) notice of the application for Sshort Pplat shall be posted on or adjacent to near the land to be subdivided at least fourteen (14) days prior to the administrative determination on the Sshort Pplat application. Public notice shall be accomplished through use of a four foot by eight foot (4' x 8') plywood face notice board to be provided and installed by the applicant and approved by the Department. Applicant shall be responsible for placement of the notice board in one (1) conspicuous place on or adjacent to near the property subject to the application at least fourteen (14) days prior to the administrative determination on the Sshort Pplat application. Applicant will notify the Department staff when the notice board is installed to allow for Department review and approval of the notice board. 2. Newspaper Publication: One (1) notice of the Sshort Pplat application shall be given in a newspaper of general circulation within the area in which property is located, at least ten (10) days prior to the administrative determination on the Sshort Pplat application. 142 ORDINANCE NO. 5676 3. Mailed Notices: Notice shall be mailed to all property owners within a radius of three hundred feet (300') of the exterior boundaries of the property which is the subject of the application. If the owner of the subject property also owns property lying adjacent to or abutting the subject property, the three hundred foot (300') radius must be taken from the exterior boundaries of this adjacent or abutting owned property. 4. Failure to Receive Notice: The failure of any property owner to receive said notice of hearing will not necessarily invalidate the proceedings. Failure to receive notice will be grounds for a request for reconsideration by the decision maker for the Sshort Pplat. The decision maker shall reconsider when it is demonstrated that there is additional material testimony to provide that was not provided by others before the original decision. SECTION CXCV. Subsection 4-7-080M.2, Major Plat Amendments, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Major Plat Amendments: Major amendments to an approved or pending plat application shall require a new application. For major amendments that due to extraordinary circumstances would result in a highly unreasonable and unconscionable burden on the applicant or plat holder, if the applicant or plat holder was required to go through a new application process, the 143 ORDINANCE NO. 5676 Administrator or dosignoo may require the major amendment to be treated as a minor amendment. SECTION CXCVI. Subsection 4-7-0801.2, Public Notice Required, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Public Notice Required: The notice for public hearing shall include the date and location of the public hearing. Notice of the public hearing shall be given in the following manner: a. A minimum of one (1) notice of the application for subdivision shall be posted on or adjacent to near the land to be subdivided at least fourteen (14) days prior to the administrative determination on the Pereliminary Pplat application. Public notice shall be accomplished through use of a four foot by eight foot (4' x 8') plywood face notice board to be provided and installed by the applicant and approved by the Department. Applicant shall be responsible for placement of the notice board in one (1) conspicuous, clearly visible place on or adjacent to near the property subject to the application at least fourteen (14) days prior to the date of the public hearing. Applicant will notify the Department staff when the notice board has been installed to allow for Department review and approval of the notice board. 144 ORDINANCE NO. 5676 b. One (1) notice of the public hearing shall be given in a newspaper of general circulation within the area in which property is located at least ten (10) days prior to the public hearing. c. Notice shall be mailed to all property owners within a radius of three hundred feet (300') of the exterior boundaries of the property which is the subject of the application. If the owner of the subject property also owns property lying adjacent to or abutting the subject property, the three hundred foot (300') radius must be taken from the exterior boundaries of this adjacent or abutting owned property. The notices shall state the nature and location of the proposed development, the public approvals that are required and the opportunities for public comment. Such notice shall be sent at least fourteen (14) days prior to the public hearing. d. The failure of any property owner to receive said notice of hearing will not necessarily invalidate the proceedings. Failure to receive notice will be grounds for a request for reconsideration by the Hearing Examiner. The Hearing Examiner shall reconsider when it is demonstrated that there is additional material testimony to provide that was not provided by others before the original decision. SECTION CXCVII. Subsection 4-7-110E, Filing Final Plat, of Chapter 7, Subdivision Regulations, Of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. FILING FINAL PLAT: 145 ORDINANCE NO. 5676 The Administrator of tho Department of Community and—Economic Dovolopmont and/or designee must provide written approval of the Ffinal Pplat prior to its submission to the Hearing Examiner. The Ffinal Pplat must then be approved by the Hearing Examiner, and signed by the Mayor and the City Clerk, prior to being filed with the King County Department of Records and Elections by the City. SECTION CXCVIII. Subsection 4-7-150A, Relationship to Adjoining Street System, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. RELATIONSHIP TO ADJOINING STREET SYSTEM: The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Roviowing Official Public Works Administrator shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. SECTION CXCIX. Subsection 4-7-150E.5, Alley Access, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first paragraph is amended as shown below. Subsections 4-7-150E.5.a through 4-7-150E.5.f shall remain as currently codified. 146 ORDINANCE NO. 5676 5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, tho Roviowing Official shall ovaluato an alley layout and dotormine it shall be determined through an evaluation of alley layout that the use of alley(s) is not feasible. Within the R-4 zone, alley access may be required by tho Roviowing Official based on one (1) or more of the following criteria: SECTION CC. Subsection 4-7-150E.7, Cul-de-Sac Streets, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by tho Roviowing Official where due to demonstrable physical constraints no future connection to a larger street pattern is physically possible due to demonstrable physical constraints. SECTION CCI. Subsection 4-7-150F, Improvements Required, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: F. IMPROVEMENTS REQUIRED: All adjacent abutting rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width 147 ORDINANCE NO. 5676 and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator er- his/hcr designee. SECTION CCII. Subsection 4-7-150G, Adjacent to Unplatted Acreage, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: G. ADJACENT OR ABUTTING T-Q UNPLATTED ACREAGE: Streets that may be extended in the event of future adjacent or abutting platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. SECTION CCIII. Subsection 4-7-160B, Walkways, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. WALKWAYS: Where circumstances warrant, tho Roviowing Official may roquiro one [Upr more public crosswalks or walkways of not less than six feet (6') in width dedicated to the City to extend entirely across the width of the block at locations deemed necessary may be required. Such crosswalks or walkways shall be paved 148 ORDINANCE NO. 5676 for their entire width and length with a permanent surface and shall be adequately lighted at the developer's cost. SECTION CCIV. Subsection 4-7-230H.2, Review Authority, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Review Authority: Pursuant to chapter 4-8 RMC, the Rosponsiblo Official for a binding sito plan application shall bo tho Communitv and Economic Development Administrator is hereby authorized and directed to interpret and enforce all the provisions of this Section, unless the applicant elects to have the Beinding Ssite Pelan application merged with a Type III permit Ssite Pplan application or a development agreement under chapter 36.70B RCW. If a Bbinding Ssite fjplan application is to be processed with a Type III Ssite Pplan, then the rosponsiblo Roviowing Official shall bo the Hearing Examiner is hereby authorized and directed to interpret and enforce all the provisions of this Section. If a Beinding Ssite Pplan application is to be processed with a development agreement, tho rosponsiblo Reviewing Official shall bo the City Council is hereby authorized and directed to interpret and enforce all the provisions of this Section. The final decision on a development agreement with an application for a Bfeinding Ssite Pplan shall be made by City Council. No administrative appeal of the City Council decision shall be available. If a Bfeinding Ssite P&lan is merged with a planned urban development application, the review authority shall be determined pursuant to RMC 4-9-150. 149 ORDINANCE NO. 5676 SECTION CCV. Subsection 4-7-230% Review Authority Decision, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: K. REVIEW AUTHORITY DECISION: 1. Action: Tho rosponsiblo Roviowing Official shall review and act upon Blinding Ssite Pf>lans shall be reviewed based upon the general criteria in this Section and other criteria applicable to the Ssite Pplan or development agreement with which the applicant elects to merge the Beinding Ssite Pplan application. Every decision made under this Section shall include findings of fact and conclusions to support the decision. 2. Approval: If tho Reviewing Official finds the proposed Blinding Ssite Pplan is found in conformance to the standards and requirements of this Section, then it shall be approved. 3. Approval with Modifications: If modification(s) are deemed necessary by tho Roviowing Official, then they may be added to the Blinding Ssite Pplan or a revised Bbinding Ssite Pplan may be required. The applicant shall be notified of any such modification action. 4. Referral to the Hearing Examiner: Except when a Beinding Ssite Pplan is merged with a development agreement, if the Roviowing Official Administrator determines that there are sufficient concerns by residents in the area of the Beinding Ssite Pplan, or by City staff, to warrant a public hearing, then he/she 150 ORDINANCE NO. 5676 shall refer the Beinding Ssite Pplan to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing will be given as for a Type III permit hearing. Beinding Ssite Pplans merged with development agreements shall be approved by City Council pursuant to the requirements of RCW 36.7GB.170 et seq. 5. Denial: If the Beinding Ssite Pplan is denied by tho Roviowing Official, the applicant shall be notified in writing of the decision, stating the reasons therefor for the denial of the application. 6. Reconsideration: Any party may request that an application, on which tho Roviowing Official has made a decision has been made, be reopened by tho Roviowing Official if it is found that new information that was not previously available has come to light that might affect the decision action taken by tho Reviewing Official. Requests for reconsideration must be filed within fourteen (14) days of the date of the decision. SECTION CCVI. Subsection 4-8-070C, Public Works Administrator or Designee, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. PUBLIC WORKS ADMINISTRATOR OR DESIGNEE: Authority: The Public Works Administrator or dosignoo shall review and act on the following: 151 ORDINANCE NO. 5676 1. Appeals of administrative decisions/determinations regarding requests for modification of storm drainage regulations; 2. Interpretation of flood insurance rate map boundaries; 3. Modifications: a. Modifications of storm drainage requirements; b. Modifications/waivers of sewer code requirements; 4. Sewer modifications, alternates, and appeals pursuant to RMC 4-9- 250D and E and 4-8-110D, respectively. 5. Dedications of property for public purposes. SECTION CCVII. Subsection 4-8-070D, Community and Economic Development Administrator or Designee, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR OR DESIGNEE: Authority: The Community and Economic Development Administrator er- dosignoe shall review and act on the following: 1. Appeals relating to the International Building Code; 2. Building and grading permits; 3. Permits to rebuild for nonconforming structures; 4. Conditional use permit, administrative; 5. Critical area regulation alternates and modifications; 152 ORDINANCE NO. 5676 6. Critical areas regulation administrative determinations per- pursuant to RMC 4-3-050D4; 7. Lot line adjustments; 8. Modifications: a. Minor modifications to a_previously approved Ssite Pplan; b. Modification of geologic hazard regulations for manmade slopes; c. Modifications of the number of required parking stalls and the requirements of the parking, loading and driveway regulations; and d. Modifications to development standards in the Urban Design Regulation Overlay District; 9. Public art exemption certificates; 10. Review of business licenses for home occupations; 11. Revocable permits for the temporary use of a_public right-of-way; 12. Routine vegetation management permits; 13. Shoreline exemptions; 14. Shoreline permits; 15. Short Pplats; 16. Site Pplan approval, administrative; 17. Master Plan review (individual phases); 18. Temporary emergency wetland permits; 19. Temporary use permits; 20. Variances: 153 ORDINANCE NO. 5676 a. Administrative pursuant to RMC 4-9-250B; b. Variances not associated with a development permit that requires review by the Hearing Examiner, provided the variance authority is not specifically given to another authority elsewhere in this Chapter, and any building permits submitted in conjunction with such variance application; and c. Variances from eChapter 8-7 RMC, Noise Level Regulations; a«4 21. Waivers: a. Waivers of right-of-way dedication for plat; b. On- and off-site improvements (including deferrals); and c. Allowing a commercial or multi-family residential driveway grade of between eight percent (8%) and fifteen percent (15%)^ 22. Final Planned Urban Developments^ 23. Dedications of property for pubic purposesr; and 24. Impact fees - applicability, value of credits, independent fee calculations, or any other authority defined in 4-1-190. SECTION CCVIH. Subsection 4-8-070H.l.j of subsection 4-8-070H.1, Authority, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: j. Plats, preliminary and final, and major amendments to plats, 154 ORDINANCE NO. 5676 SECTION CCIX. Subsection 4-8-070H.4, Appeals, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4. Appeals: Unless otherwise specified, any decision of the Environmental Review Committee, the Community and Economic Development Administrator or designee, or the Public Works Administrator or dosignoo in the administration of this Title shall be appealable to the Hearing Examiner as an administrative determination pursuant to RMC 4-8-110E, Appeals to Examiner of Administrative Decisions and Environmental Determinations. SECTION CCX. Subsection 4-8-080G, Land Use Permit Procedures, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new row in the TYPE III4 subsection to be entitled "Major Amendments To Plats", to amend the Legend, and to amend Footnote 5, as shown below. The rest of the table, Legend and Footnotes shall remain as currently codified. PU B L I C N O T I C E O F AP P L I C A T I O N RE C O M M E N D - AT I O N Q CC O u rv DC Z Z CC Ui < CL UJ O I Z Z O 2 H if) CL u O LU Q Q < Q cc O u LU t < 2_ LU LU Q. 0- CL O < CL O S E D RE C O R D HE A R I N G JU D I C I A L AP P E A L TYPE III4 Major Amendments to Plats YES Staff HE MI CC SC LEGEND: Staff - Community and Economic Development Staff 155 ORDINANCE NO. 5676 ERC - Environmental Review Committee PC - Planning Commission Admin. - Community and Economic Development Administrator or dosignoo HE - Hearing Examiner CC - City Council DOE - Washington State Department of Ecology SC-Superior Court SHB - Shoreline Hearings Board GMHB - Growth Management Hearings Board NA - Not Applicable 5. The Community and Economic Development Administrator er- dosigneo shall hear variances where not associated with a development that requires review by the Hearing Examiner. SECTION CCXI. Subsection 4-8-100C.2.C, Time Extensions, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Time Extensions: In such circumstances where a project is complex or conditions exist that require additional time, the Administrator of tho Dopartmont of Community and Economic Development Administrator er- dosignoo may allow the applicant, contact person and/or property owner additional time to provide the requested materials. When granted, extension approvals shall be provided in writing. 156 ORDINANCE NO. 5676 SECTION CCXII. Subsection 4-8-100C.5, Extension of Complete Application, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Extension of Complete Application: A one (l)-time, one (l)-year extension may be granted if a written extension request is submitted prior to the expiration date identified in the certified notice and the applicant, contact person or property owner(s) has demonstrated due diligence and reasonable reliance towards project completion. In consideration of due diligence and reasonable reliance the Administrator of tho Department of Community and Economic Development Administrator or dosignoo shall consider the following: a. Date of initial application; b. Time period the applicant had to submit required studies; c. Availability of necessary information; d. Potential to provide necessary information within one (1) year; e. Applicant's rationale or purpose for delay; and f. Applicant's ability to show reliance together with an expectation that the application would not expire. SECTION CCXIII. Subsection 4-8-110A.1 of subsection 4-8-110A, Scope and Purpose, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 157 ORDINANCE NO, 5676 1. Appeals of administrative decisions to Public Works Administrator OF dosignoo; SECTION CCXIV. Subsection 4-8-110A.7 of subsection 4-8-110A, Scope and Purpose, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 7. Appeals of administrative decisions to Community and Economic . Development Administrator or designee. SECTION CCXV. Subsection 4-8-110C.2, Time to File, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of Genera! Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Time to File: (Reserved) Unless otherwise specified in Title IV or in state law, the fourteen (14) calendar-day appeal period shall begin either three (3) calendar days after the date of mailing of the decision to the parties of record via US Postal mail by the City Clerk, or the date the decision is electronically transmitted, posted or e-mailed to the appellant and parties of record by the City Clerk, if such electronic transmittal method has been previously been approved or agreed to by the parties. SECTION CCXVI. Subsection 4-8-110D, Appeals of Administrative Decisions to the Public Works Department, of Chapter 8, Permits - General and Appeals, of Title IV 158 ORDINANCE NO. 5676 (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. APPEALS OF ADMINISTRATIVE DECISIONS TO THE PUBLIC WORKS DEPARTMENT: Any decisions made in the administrative process related to the City's storm drainage regulations may be appealed to the Public Works Administrator er- his/hor dosignoo within fifteen (15) days and filed, in writing, with the Public Works Department. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. SECTION CCXVII. Subsection 4-8-110J, Appeals of Administrative Decisions to the Department of Community and Economic Development, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: J. APPEALS OF ADMINISTRATIVE DECISIONS TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT: Any decisions made in the administrative process related to the Department of Community and Economic Development Dopartmont may be appealed to the Administrator or his/her designee within fifteen (15) days and filed, in writing, with the Department of Community and Economic Development. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. 159 ORDINANCE NO. 5676 SECTION CCXVIII. Number 8 of Table 4-8-120C Legend, contained in subsection 4-8- 120C, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the Legend shall remain as currently codified. 8. A standard stream or lake study is required for any application proposal. A supplemental stream or lake study is also required if an unclassified stream is involved, or if there are proposed alterations of the water body or buffer, as identified in the standard stream or lake study. If substantial impacts to the existing vegetation within the buffer required by RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3-090F1, Vegetation Conservation, are identified in the standard stream or lake study, a supplemental stream or lake study may be required by the Administrator of the Dopartmont of Community and Economic Development Administrator or designee. A stream or lake mitigation plan will be required prior to final approval for any plans or permits that result in mitigation identified in the supplemental stream or lake study. SECTION CCXIX. The definition of "Colored Display Maps" in subsection 4-8- 120D.3, Definitions C, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: Colored Display Maps: Full-size plan sheets of each of the following maps colored with a wide tip marker in order to clearly define the site's outer property 160 ORDINANCE NO. 5676 boundary, the area of new construction and/or proposed new lot lines (dashed), existing buildings, landscaping areas, and abutting adjacent street names for use in presenting the project at public hearing and/or to the Environmental Review Committee. a. Neighborhood Ddetail Mmap, b. Site Pplan, c. Landscaping Pplan, and d. Elevations. SECTION CCXX. The first box of row 11 of Table 18 - Geotechnical Report - Detailed Requirements in subsection 4-8-120D.7, Definitions G, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. 11. Conduct sufficient subsurface exploration to provide a site coefficient (S) for use in the International Building Code to the satisfaction of the Administrator of tho Dopartmont of Community and Economic Development Administrator or designee. SECTION CCXXI. The definition of "Landscaping Plan, Conceptual" in subsection 4- 8-120D.12, Definitions L, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 161 ORDINANCE NO. 5676 Landscaping Plan, Conceptual: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project Ssite Pplan (or other scale approved by the Roviowing Official Communitv and Economic Development Administrator), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, parking areas, access and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Location, size, and purpose of planting areas, including those required in RMC 4-4-070, Landscaping, and those required in RMC 4-3-090, Shoreline Master Program Regulations, f. Location and height for proposed berming, g. Location and elevations for any proposed landscape-related structures such as arbors, gazebos, fencing, etc., h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, and 162 ORDINANCE NO. 5676 i. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130, Tree Retention and Land Clearing Regulations). SECTION CCXXII. The definition of "Landscaping Plan, Detailed" in subsection 4-8- 120D.12, Definitions L, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: Landscaping Plan, Detailed: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project Ssite Pplan (or other scale approved by the Reviewing Official Communitv and Economic Development Administrator), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, property lines, walks, parking areas, access, and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Detailed grading plan, 163 ORDINANCE NO. 5676 f. Location, dimensions, and purpose of all planting areas (the width of a landscaping area when curbed shall be measured from inside to inside of the curbs) including those required in RMC 4-4-070, Landscaping, g. Location and height for proposed berming, h. Locations, elevations, and details for any proposed landscape-related structures such as arbors, gazebos, fencing, etc., i. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, j. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130, Tree Retention and Land Clearing Regulations), k. Names of existing and proposed vegetation, and I. Detailed planting plan (soil mix, planting depth and width, and bark mulch depth). SECTION CCXXHI. Subsection aa of the definition of "Lot Line Adjustment Map" in subsection 4-8-120D.12, Definitions L, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: aa. Signature and date line(s) for the Administrator of tho Dopartmont of Community and Economic Development Administrator. 164 ORDINANCE NO. 5676 SECTION CCXXIV. Subsection x of the definition of "Short Plat or Binding Site Plan Map, Final" in subsection 4-8-120D.19, Definitions S, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: x. Signature and date line for: i. All property owners (signatures must be notarized with an ink stamp), ii. The King County Assessor, iii. The City of Renton Administrative Services Administrator with the following text preceding: "There are no delinquent special assessments and any special assessments for any dedicated property herein contained have been paid in full", and iv. The Administrator of tho Dopartmont of Community and Economic Development Administrator. SECTION CCXXV. Subsection a, Site Map, of the definition of "Stream or Lake Mitigation Plan" in subsection 4-8-120D.19, Definitions S, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections a.i through a.xi shall remain as currently codified. Stream or Lake Mitigation Plan: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Administrator of 165 ORDINANCE NO. 5676 tho Department of Community and Economic Development Administrator of designee): SECTION CCXXVI. The definition of "Stream or Lake Study, Standard" in subsection 4-8-120D.19, Definitions S, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: Stream or Lake Study, Standard: A report shall be prepared by a qualified biologist, unless otherwise determined by the Communitv and Economic Development Administrator, and include the following information: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Administrator of tho Dopartmont of Community and Economic Development Administrator er- dosignoo): i. The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified biologist pursuant to RMC4-3-050Llb (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton Water Class Map in RMC 4-3-050Q.4 or RMC 4-3-090 (if unclassified, see "Supplemental Stream or Lake Study" below); 166 ORDINANCE NO. 5676 iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage flow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hundred feet (100') upstream and downstream from the property line. Include position, species, and size of all trees at least ten inches (10") average diameter that are within one hundred feet (100') of the OHWM; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater management facilities, wastewater treatment and installations in relation to the stream/lake and its/their buffer(s); and x. Location of site access, ingress and egress. b. Grading Plan: A grading plan prepared in accordance with RMC 4-8- 120D7, and showing contour intervals of two feet (2') where slopes are less than 167 ORDINANCE NO. 5676 ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater. c. Stream or Lake Assessment Narrative: A narrative report on eight and one-half inch (8.5") by eleven inch (11") paper shall be prepared to accompany the Ssite Pelan and describes: i. The stream or lake classification as recorded in the City of Renton Water Class Map in RMC 4-3-050Q4 or RMC 4-3-090; ii. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland areas, and flood hazard areas extending one hundred feet (100') upstream and downstream from the property line, including the impacts of the proposal on the identified vegetation; iii. The ecological functions currently provided by the stream/lake and existing riparian area and the impacts of the proposal on the identified ecological functions; iv. Observed or reported fish and wildlife that make use of the area including, but not limited to, salmonids, mammals, and bird nesting, breeding, and feeding/foraging areas, including the impacts of the proposal on the identified fish and wildlife; v. Measures to protect trees, as defined per RMC 4-11-200, and vegetation; and vi. For shorelines regulated under RMC 4-3-090, Shoreline Master Program, the study shall demonstrate if the proposal meets the criteria of no net 168 ORDINANCE NO. 5676 loss of ecological functions as described in RMC 4-3-090D2. If the proposal requires mitigation for substantial impacts to the existing vegetation buffer in order to demonstrate no net loss of ecological functions, a supplemental stream or lake study may be required by the Administrator of tho Dopartmont of Community and Economic Development Administrator or dosignoo. SECTION CCXXVII. The definition of "Variance Justification" in subsection 4-8- 120D.22, Definitions V, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: Variance Justification: A written statement setting forth the reasons in favor of the application and addressing the criteria listed in RMC 4-9-250B5 which are used by the Hearing Examiner or Community and Economic Development Administrator or dosignoo when reviewing the variance request. SECTION CCXXVIII. Subsection 4-9-015D, Administration, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. ADMINISTRATION: The Department Communitv and Economic Development Administratorr-er- his/hor dosignoo, shall have the power and authority to administer and enforce the provisions of this Chapter. 169 ORDINANCE NO. 5676 SECTION CCXXIX. Subsection 4-9-015E.4, Effect of Operating Permit, of Chapter 9, Permits-Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4. Effect of Operating Permit: An operating permit, issued by the Reviewing Official Administrator, shall be effective for one (l)_year. The Roviowing Official shall not issue a A_permit to operate a facility shall not be issued until he/she- it is determinesd that the facility complies with the provisions of these regulations. If an inspection of the facility reveals noncompliance, then the Rosponsiblo Official Administrator must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit. The facility owner shall apply to the Department for permit renewal at least sixty (60) days prior to the expiration of the permit. SECTION CCXXX. Subsection 4-9-015H.3, Operating Permit Revocation, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 3. Operating Permit Revocation: The Department may revoke an operating permit if the owner does not apply for a reinspection or hearing within ten (10) days of permit suspension, if the owner does not apply for a reinspection within twenty (20) days of a hearing, for repeated violations of any of the requirements of RMC 4-3-050, Critical Areas Regulations, for interference with the Department in the performance of duty, for submitting false or 170 ORDINANCE NO. 5676 inaccurate information, and for intentional unauthorized release of hazardous materials within the APA. Prior to revocation, the Department shall notify, in writing, the owner of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the tenth day following service of such notice unless a written request for hearing with the Administrator is filed with the Department by the owner within ten (10) days after the date of service, in which case the revocation shall be stayed until the issuance of a final decision following the hearing. When an operating permit is revoked, facility operations shall immediately cease. The decision as to whether an unauthorized release of hazardous materials by the owners was intentional shall be made by the Administrator of tho Department of Community and Economic Dovolopmont or designee. SECTION CCXXXI. Subsection 4-9-020C, Initiation of Proposed Comprehensive Plan Amendments, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. INITIATION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS: 1. The Mayor, City Council, or Planning Commission may initiate a Comprehensive Plan amendment by submitting the request in writing to the Administrator of the Department of Community and Economic Development Administrator. 171 ORDINANCE NO. 5676 2. The Administrator of the Department of Community and Economic Development Administrator may initiate Comprehensive Plan amendments that are necessary to ensure the consistency of the Comprehensive Plan, or other City plans and policies, with GMA. 3. Private parties may initiate a Comprehensive Plan amendment by submitting an application by October 15th for consideration the following year. SECTION CCXXXII. Subsection 4-9-025B, Authority, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. AUTHORITY: In accordance with RCW 36.70A.470, a summary containing written comments on suggested development regulation amendments shall be coordinated by the Department of Community and Economic Development. The text revision process is the means to either suggest a change, or to identify needed corrections, or both, in the development regulations. The Planning Diroctor Communitv and Economic Development Administrator has the authority to issue Title IV code interpretations. SECTION CCXXXIII. Subsection 4-9-025C, Applicability, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. APPLICABILITY: 172 ORDINANCE NO. 5676 1. Proposed Title IV Development Regulation amendments may be suggested by: a. The Mayor, City Council, or Planning Commission by submitting the request in writing to the Administrator of tho Dopartmont of Community and Economic Development Administrator. b. The Administrator of tho Dopartmont of Community and Economic Development Administrator. c. Private parties by submitting an application to the Department of Community and Economic Development. d. Code interpretations issued by the Planning Diroctor Communitv and Economic Development Administrator. 2. Any person may submit a written request for code interpretation to the Planning Diroctor Communitv and Economic Development Administrator. regarding any applicable title or any subsequent amendment thereto. SECTION CCXXXIV. Subsection 4-9-025G, Review Process For Title IV Interpretations, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: G. REVIEW PROCESS FOR TITLE IV INTERPRETATIONS: 1. Requests for code interpretations shall include: a. The section of the code that is allegedly ambiguous or needing clarification; 173 ORDINANCE NO. 5676 b. The subject matter or nature of the request; and c. Any facts that are relevant to the request. 2. The Planning—Diroctor Communitv and Economic Development Administrator may deny or reject the request if there is no ambiguity or need for clarification demonstrated by the requestor. 3. Only one (1) interpretation per issue shall be rendered by the Planning Diroctor Community and Economic Development Administrator. In the event an interpretation is requested on an issue previously addressed, the Planning Diroctor Community and Economic Development Administrator shall provide a copy of the previous interpretation to satisfy such request. 4. The Planning—Diroctor Communitv and Economic Development Administrator shall post proposed interpretations on the City website for public review comment and possible appeal. 5. Interpretations shall follow the process of Development Regulations amendments and be amended into Title IV annually. SECTION CCXXXV. Subsection 4-9-030C, Review Authority, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. REVIEW AUTHORITY: 1. General: RMC 4-2-050C explains how to interpret the Zoning Use Tables. Uses identified with an "AD" (Conditional Use-Administrative) in RMC 4- 2-060, Zoning Use Table, shall be reviewed administratively by the Administrator 174 ORDINANCE NO. 5676 of tho Dopartmont of Community and Economic Development Administrator ef dosignoo (hereinafter "Administrator or dosignoo") while uses identified with an "H" (Conditional Use - Hearing Examiner) shall require a public hearing and review by the Hearing Examiner. 2. Exception when Significant Concerns Remain: In cases where the Administrator or designoo and/or the Environmental Review Committee determines that there are significant unresolved concerns raised by a proposal that would otherwise be reviewed administratively, the Administrator ef dosignoo and/or the Environmental Review Committee may issue a determination that a public hearing and Hearing Examiner review is required. Such determination may be appealed to the Hearing Examiner pursuant to RMC 4-8-110E. SECTION CCXXXVI. Subsection 4-9-030F.5, Determining Necessity for Public Hearing, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. Determining Necessity for Public Hearing: Upon receipt of the final departmental comments and after the close of the public comment period, the Administrator or dosignoo and/or the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection C2 of this Section. 175 ORDINANCE NO. 5676 SECTION CCXXXVII. Subsection 4-9-030F.6, Administrative Approvals, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. Administrative Approvals: For projects not requiring a public hearing, the Administrator or dosignoo shall take action on the proposed Conditional Use Permit in accordance with the procedures in RMC 4-8-100. SECTION CCXXXVIII. Subsection 4-9-030G.1, Major Revisions, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Major Revisions: Major revisions to an approved Conditional Use Permit shall require a new application. For major revisions that due to extraordinary circumstances would result in a highly unreasonable and unconscionable burden on the applicant or permit holder, if the applicant or permit holder was required to go through a new application process, the Administrator or designee may permit the major revision to be treated as a minor revision. SECTION CCXXXIX. Subsection 4-9-060C, Public Works Administrator's Deferral of Plat Improvements or Deferral of Other On- and Off-site Improvements Beyond Temporary Occupancy Permit, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 176 ORDINANCE NO. 5676 C. PUBLIC WORKS ADMINISTRATOR'S DEFERRAL OF PLAT IMPROVEMENTS OR DEFERRAL OF OTHER ON- AND OFF-SITE IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT: 1. Applicability: If a developer wishes to defer certain improvements listed in this Title until after obtaining a certificate of occupancy for any structures, or in the case of plats, Ffinal Pplat approval, the written application shall be made to the Public Works Administrator or dosignoo stating the reasons why such delay is necessary. 2. Decision Criteria: (Reserved) 3. Security Required: Upon approval by the Public Works Administrator or his/hor dosignoo for such deferment, for good cause shown by the applicant, the applicant shall thereupon furnish security to the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of the installation and required improvements. The decision of the Administrator as to the amount of such security shall be conclusive. 4. Plans for Improvements Required: Should the Public—Works Administrator or his/hor designee grant the deferral of part or all of the necessary on-site improvements, then full and complete engineering drawings of the on-site improvements shall be submitted as a condition precedent to the granting of any deferral. 5. Waiver of Requirement for Plans: Board The Administrator may waive requirement of construction plans for Sshort Pplat improvement deferrals. 177 ORDINANCE NO. 5676 6. Expiration: Such security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Public Works Administrator or his/her dosignoo, and if no time is so specified, then not later than one (1) year. For plats, if no time is established, then not later than one (I) year after approval of the Ffinal Pplat by the City Council or one (1) year after recording of the short subdivision. The security shall be held by the Finance Administrative Services Department. 7. Extension of Time Limit: The Public Works Administrator or his/hor dosignoo (Administrator) shall annually review the deferred improvements and the amount of the security. Should the Administrator determine that any improvement need not be installed immediately, then the Administrator may extend the deferral for an additional period of time up to an additional year. Any improvement deferred for five (5) years shall be required to be installed or shall be waived by the Administrator pursuant to RMC 4-9-250C, Waiver Procedures, unless the Administrator determines that it is more likely than not that the improvements would be installed within an additional five (5) year period of time, in which case the Administrator may continue to defer the improvements year to year subject to the other conditions contained in this Section. Should any improvement be initiated before the lapse of a deferral, and the work is diligently pursued, then the Administrator may extend the deferral period for a term equivalent to the time necessary to complete construction, but subject, 178 ORDINANCE NO. 5676 however, to continuation of the security. At the same time as the granting of any additional deferral, the security for such deferral shall be reviewed and increased or decreased as the Administrator shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of the installation of the deferred improvement. 8. Acceptable Security: Security acceptable under this Section may be cash, letter of credit, set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party, or savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the City accept a performance bond. Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. Any security that, according to its terms, lapses upon a date certain, will cause the deferral to lapse on that same date unless additional adequate substitute security has been posted prior to the termination date of the prior security. Each security document posted with the City must be approved by the City Attorney, whose decision as to the acceptability of the security shall be conclusive. 9. Fee in Lieu of Required Street Improvements: 179 ORDINANCE NO. 5676 a. Generak The provisions of this Section establish under what circumstances the requirements of this Chapter may be satisfied with payment of a fee in lieu of required street improvements. b. Authority To Grant and Duration*: i. Application: If the proposed development of the subject property requires approval through a Sshort Pplat approval described in the subdivision ordinance, a request for payment of a fee in lieu of street improvements will be considered as part of this process under the provisions of this Section. ii. Duration: If granted under a Sshort Pplat review process, the authorization to pay a fee in lieu of street improvements is binding on the City for all development permits issued for that Sshort Pplat approval under the building code within five (5) years of the granting of the request for payment of a fee in lieu of street improvements. c. Standards: The City will not accept the applicant's proposed payment of a fee in lieu of street improvements if the Planning/Building/Public Works Administrator or his/her dosignoo determines that it is in the City's interest that the street improvements be installed abutting the subject property, taking into account such factors as the pedestrian safety impacts that result from the development. The City may accept payment of a fee in lieu instead of requiring installation of street improvements in the following circumstances: 180 ORDINANCE NO. 5676 i. There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years; or ii. Installation of the required improvement would require substantial off-site roadway modifications; or iii. The Public—Works Administrator ef—his/hor—dosignoo determines that installation of the required improvement would result in a safety hazard; or iv. Other unusual circumstances preclude the construction of the improvements as required. d. Amount of Payment of Fee in Lieu of Street Improvements*: In each instance where the City approves a proposed fee-in-lieu under the provisions of this Section, the amount of the fee-in-lieu shall be one hundred percent (100%) of the then-estimated cost of constructing the street improvements that would otherwise be required under this Chapter, based on information compiled and kept current by the Public Works Department on the cost of street improvement construction. e. Use of Funds*: In each instance where the City accepts payment of a fee in lieu of installing a street improvement under the provisions of this Section, the City shall deposit those funds into a reserve account and expend the funds collected within five (5) years of the date collected to fund other pedestrian safety improvements in the City. 181 ORDINANCE NO. 5676 f. No Further Obligation from the Property*: In each instance where the City accepts payment of a fee in lieu of installing street improvements, the subject property will not be subject to participation in future street improvement costs (along the property frontage) unless redevelopment occurs that will generate more traffic trips than what was occurring at the property at the time of the payment of the fee in lieu of installation of street improvements. g. Cost Contribution Toward a City Capital Improvement Project for Properties in which Frontage Improvements Have Been Deferred by Restrictive Covenant*: Where restrictive covenants have been recorded against a property, requiring the property owner to pay their fair share of street frontage improvements installed as part of a City capital improvement project and the City undertakes such capital improvement project, the owners of said properties shall pay the City an amount consistent with Subsection C9d of this Section, Amount of Payment of Fee in Lieu of Street Improvements. This assessment must be paid in full within one (ll_year following notice from the City of such assessment, or the payment may be paid over a ten (10) year period, with three percent (3%) per annum interest on the unpaid balance. For payment overtime, the owner shall receive a bill from the City for one-tenth (1/10) of the assessment plus interest. The first yearly payment must be paid within one (1} year following the initial notice from the City of the assessment. Payments over time shall become a lien against the property. A notice of such lien specifying the charge, the period covered by the charge, and giving the address and property 182 ORDINANCE NO. 5676 identification (PID) number shall be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certificate of payment will be recorded with King County. 10. (Repealed by Ord. 5170) 11. Security Requirement Binding: The requirement of the posting of any security therefor shall be binding on the applicant and the applicant's heirs, successors and assigns. 12. Record of Deferral: The Public Works Administrator or his/her designoo shall note for the Department's record the following information: the improvements deferred, amount of security or check deposited, time limit of security or check, name of bonding company, and any other pertinent information. 13. Transfer of Responsibility: Whenever security has been accepted by the Planning/Building/Public Works Administrator or his/hor dosignoo, then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners' association or property owners' association, then it shall be necessary for the owners' association to have voted to assume the obligation before the City may accept the security, and a copy of the minutes of the owners' association duly certified shall be filed along with the security. 183 ORDINANCE NO. 5676 14. Administrative Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitution of one (1} party for another on any security if the Public Works Administrator or his/hor dosignoo, after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. 15. Proceeding Against Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such security or other payment in lieu thereof. In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney's fees. The applicant shall enter into an agreement with the City requiring payment of such attorney's fees. SECTION CCXL Subsection 4-9-065C.2, Reviewing Official, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Reviewing Official Authority: The Reviewing Official Communitv and Economic Development Administrator shall determine compliance with the density bonus process unless for the required land use permit as described in subsection CI of this Section, Concurrent Review, requires Hearing Examiner review, shall also dotermine complianco with tho density bonus process. SECTION CCXLI. The "Bonus Criteria (Continued)" row of subsection 4-9-065D, Bonus Allowances and Review Criteria, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the 184 ORDINANCE NO. 5676 City of Renton, Washington", is hereby amended as shown below. The rest of the table shall remain as currently codified. D. BONUS ALLOWANCES AND REVIEW CRITERIA: R-14 ZONE RMF ZONE RM-U ZONE COR ZONE ASSISTED LIVING Bonus (iii) A minimum (ii) Units built to • Landscaping/ (ii) Open Space: Criteria: of 2 units of Built Green 3 Star Recreation/Com Provide increased (continued): affordable (at minimum) mon Space; and common outdoor housing per net building • Building open space areas developable standards. Higher Architectural or recreational acre (fractional Built Green Design facilities beyond results shall be standards are applying to Area standard code rounded up to allowed and may "A" of the Urban requirements. the next whole receive a greater Design District The open space number) to density bonus located in RMC shall abut the qualify for a upon review and 4-3-100 shall be shoreline, where density bonus. approval of the permitted a applicable. The In addition, in Planning Director maximum open space shall order to qualify Communitv and density of 100 provide a quality for a bonus, Economic dwelling units environment developments Development per net acre. through either shall also Administrator passive or active incorporate at Combinations of recreation least 1 of the the above are facilities, and features allowed; attractive described provided, that at common areas, below: least 1 unit of including (i) Active affordable accessibility from common housing (per net buildings by recreation acre) is provided. public walkways. amenities such For example, 2 In addition, in as sports courts, units of order to qualify recreation affordable for a bonus, center, pool, housing and 2 developments spa/jacuzzi. units built to Built shall also (ii) Surface Green 3 Star incorporate the parking lots standards would features containing not achieve a density described below: more than 6 bonus of 4 units. (iii) Overall 185 ORDINANCE NO. 5676 parking stalls separated from other parking areas by landscaping with a minimum width of 15 feet. Design: Provide a development design that is superior to the design that would result from development of the subject property under standard code requirements, including but not limited to superior architectural design, placement, relationship or orientation of structures and/or enhanced ground plane textures or colors, and (iv) Ground floor commercial shall be provided at appropriate levels given the overall project design, and (v) Environment al Enhancements: (a) Significant environmental enhancement and/or restoration is provided that protects critical areas and/or shorelines, that 186 ORDINANCE NO. 5676 would not be protected to the same degree otherwise, or (b) Design which results in a sustainable development; such as LEED certification, energy efficiency, use of alternative energy resources, low impact development techniques, etc. SECTION CCXLII. Subsection 4-9-090A, Definition, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. DEFINITION: Any commercial use conducted entirely within a dwelling or garage and carried on by persons residing in that dwelling unit which is clearly incidental and secondary to the use of the dwelling as a residence. An accossory structure that provides sholtor for domostic animals or household pots is allowod to bo part of tho business uso when tho household pots or domestic animals aro a component of tho commorcial uso. 187 ORDINANCE NO. 5676 SECTION CCXLIII. Subsection 4-9-090D, Prohibited Occupations, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. PROHIBITED OCCUPATIONS: The occupations listed below are prohibited since they change the residential character of the structure and shall not be considered incidental and secondary to the use of the residence for dwelling purposes: 1. Kennels and other boarding for pets, including pet daycare. 2. Automobile and associated mechanical repairs. 3. Businesses which dispense regulated substances. SECTION CCXLIV. Subsection 4-9-100D, Maximum Number of Animals Permitted With An Additional Animals Permit, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. * Subsections 4-9-100D.1 through 4-9-100D.3 shall remain as currently codified. D. MAXIMUM NUMBER OF ANIMALS PERMITTED WITH AN ADDITIONAL ANIMALS PERMIT: The number of animals allowed with the Additional Animals Permit is at the discretion of the Administrator of tho Dopartmont of Community and Economic Development Administrator or dosignoo in consultation with the inspecting Animal Control Officer; however, the following numbers shall not be exceeded for these specific animal types: 188 ORDINANCE NO. 5676 SECTION CCXLV. Subsection 4-9-100G.2, Inspection Authorized, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Inspection Authorized: The Development Servicos Director Communitv and Economic Development Administrator may require that the property be inspected by an Animal Control Officer. SECTION CCXLVI. Subsection 4-9-100H, Conditions, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: H. CONDITIONS: The Dovolopmont Sorvices Division Diroctor or dosignoo Communitv and Economic Development Administrator, in reviewing an Additional Animals Permit application, may require soundproofing of structures as he or she deems necessary to ensure the compatibility of the proposal for additional animals with the surrounding neighborhood. Other conditions may be applied based upon the determination of the Diroctor or designee Administrator that conditions are warranted to meet the purpose and intent of applicable regulations and decision criteria. SECTION CCXLVII. Subsection 4-9-100J, Revocation of License, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: J. REVOCATION OF LICENSE 189 ORDINANCE NO. 5676 1. Revocation of Additional Animals Permit: If, after conducting an investigation, the Dovolopmont Sorvicos Diroctor Communitv and Economic Development Administrator finds that the keeping of additional animals is in violation of the provisions of this Section and/or the terms and conditions subject thereto, he or she may revoke the Additional Animals Permit. 2. Revocation of Business License: Upon findings of violation, if the Additional Animals Permit holder also has a home occupation business license, the Administrator of the Dopartmont of Community and Economic Development Administrator or dosignoo shall refer the findings to the City Finance and Information Technology Administrative Services Administrator who may revoke the home occupation business license pursuant to RMC 5-5-3F, gonoral business license ©Penalties. 3. License - Waiting Period Following Revocation or Refusal to Renew: For a period of one (1) year after the date of revocation or refusal to renew, permits shall not be issued for additional animals to applicants who have previously had such permit revoked or renewal refused. In addition, the applicant must meet the requirements of this Section or any provisions of the animal control authority. SECTION CCXLVIII. Subsection 4-9-100K, Appeal, of Chapter 9, Permits - Specific, Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinam of the City of Renton, Washington", is hereby amended as follows: K. APPEAL: 190 ORDINANCE NO. 5676 The applicant or a citizen may appeal the decision of the Administrator of tho Department of Community and Economic Development Administrator er- dosignoe pursuant to RMC 4-8-110, Appeals. SECTION CCXLIX. Subsection 4-9-110B, Applicability, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. APPLICABILITY: Development of mobile home parks shall conform to the regulations established herein. It shall be illegal to allow or permit any mobile home to remain in the mobile home park unless a proper space is available for it. It shall be illegal to allow a recreational vehicle without at least one (1) internal toilet and one (1) internal shower to remain in the mobile home park unless the mobile home park provides communitv toilets and showers. SECTION CCL Subsection 4-9-110E.2, Referrals, Recommendations of Department, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Referrals, Recommendations of Department: The Development Services Division shall transmit copies of the proposed mobile home park plan to the Dopartmont of Public Works Department, the health agency, Fire and Emergency Services Department and copies to other department heads and agencies as necessary for their review and recommendation. Two (2) copies shall 191 ORDINANCE NO. 5676 be retained by the Hearing Examiner. These departments and agencies shall make, within the scope of their municipal functions, their respective recommendations regarding the mobile home park plan to the Development Services Division, in writing, not less than fifteen (15) days prior to the date of hearing. SECTION CCLI. Subsection 4-9-150D.3.e, Privacy and Building Separation, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent and abutting dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise: Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. SECTION CCLII. Subsection 4-9-150E.l.a, Residential, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General 192 ORDINANCE NO. 5676 Ordinances of the City of Renton, Washington", is hereby amended as shown below. Figure 1, Common Open Space Example, shall remain as currently codified. a. Residential: For residential developments open space must equal at least ten percent (10%)of the development site's gross land area. i. Open space may include, but is not limited to, the following: (a) A trail that allows opportunity for passive recreation within a critical area buffer (only the square footage of the trail shall be included in the open space area calculation), or (b) A sidewalk and its associated landscape strip, when abutting the edge of a critical area buffer and when a part of a new public or private road, or (c) A similar proposal as approved by the reviewing official Hearing Examiner. ii. Additionally, a minimum area equal to fifty (50) square feet per unit of common space or recreation area shall be provided in a concentrated space as illustrated in Figure 1. iii. Stormwater facilities may be incorporated with the open space, common space or recreation area on a case-by-case basis if the Roviowing Official Hearing Examiner finds: (a) The stormwater facility utilizes the techniques and landscape requirements set forth in The Integrated Pond, King County Water and Land Resources Division, or an equivalent manual, or 193 ORDINANCE NO. 5676 (b)The surface water feature serves areas outside of the planned urban development and is appropriate in size and creates a benefit. SECTION CCLIII. Subsection 4-9-150E.l.b.i of subsection 4-6-150E.l.b, Mixed Use - Residential Portions, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: i. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Reviewing Official Hearing Examiner. The required common open space shall be satisfied with one (1) or more of the elements listed below. The Roviowing Official Hearing Examiner may require more than one (1) of the following elements for developments having more than one hundred (100) units. (a) Courtyards, plazas, or multipurpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; 194 ORDINANCE NO. 5676 (d) Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces. SECTION CCLIV. Subsection 4-9-150E.l.c.iii of subsection 4-6-150E.1.C, Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown below. Figure 4 shall remain as currently codified. iii. The following features are encouraged in pedestrian-oriented space and may be required by the Roviowing Official Hearing Examiner. (a) Pedestrian-oriented uses at the building facade facing the pedestrian-oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security - such as adjacent to a building entry. (c) Pedestrian-oriented facades on some or all buildings facing the space consistent with Figure 4. (d) Public seating that is durable or easily replaceable, maintainable, and accessible. 195 ORDINANCE NO. 5676 SECTION CCLV. Subsection 4-9-150E.4.a, Installation, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: a. installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Administrator Planning/Building/Public Works Administrator or his/hor dosignoo, assured through a security device to the City equal to the provisions of RMC 4-9-060, except for such common facilities that are intended to serve only future phases of a planned urban development. Any common facilities that are intended to serve both the present and future phases of a planned urban development shall be installed or secured with a security instrument as specified above before occupancy of the earliest phase that will be served. At the time of such security and deferral, the City shall determine what portion of the costs of improvements is attributable to each phase of a planned urban development. SECTION CCLVI. Subsection 4-9-150G.1, Time Limits, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Time Limits: a. Preliminary Approval of Planned Urban Development not Associated with a Subdivision: The developer shall, within two (2) years of the effective date of action by the Hearing Examiner to approve the preliminary 196 ORDINANCE NO. 5676 plan, submit to the Department of Community and Economic Development a final development plan showing the ultimate design and specific details of the proposed planned urban development or the final phase or phases thereof^ providod, howovor, that for a proliminary plan approved concurrent with a preliminary subdivision, tho devolopor shall submit tho final development plan within five (5) years of tho offoctivo dato of action by the Hearing Examiner to approve tho proliminary plan. Upon application by tho developer, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of twelve (12) months. Application for such extension shall be made at least thirty (30) days prior to the expiration date of preliminary plan approval. Only one (1) such extension may be granted for a planned urban development. If a final dovolopmont plan is not filed within tho idontifiod timo limits or within tho oxtondod timo poriod, if any, tho planned urban dovolopmont proliminary plan shall be doomed to havo expired or boon abandoned. To activate an expired or abandoned planned urban dovolopmont, a now application is roquirod. b. Preliminary Approval of a Planned Urban Development with Concurrent Preliminary Subdivision: The applicant shall submit the final development plan within five (5) years of the effective date of action by the Hearing Examiner to approve the preliminary plan. If approval of the preliminary subdivision is legally extended, the preliminary plan approval shall also be extended. 197 ORDINANCE NO. 5676 c. Expiration of Preliminary Approval: If a final development plan is not filed within the identified time limits or within the extended time period, if any, the planned urban development preliminary plan shall be deemed to have expired or been abandoned. Once a planned urban development Preliminary Plat has been deemed to have expired or been abandoned, a new application is required to proceed, and the development standards existing at the time of the new application shall apply. SECTION CCLVII. Subsection 4-9-150G.6, Review and Approval of Final Plan, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first paragraph is amended as shown below. Subsections 4-9-150G.6.a through 4-9- 150G.6.b shall remain as currently codified. 6. Review and Approval of Final Plan: The final plan shall be reviewed by the applicable City departments, in the manner prescribed for preliminary plans, to determine if the final plan is in substantial conformance with the approved preliminary plan and is consistent with the purposes and review criteria of this Section. The Planning Diroctor Communitv and Economic Development Administrator shall make a decision to approve, approve with conditions or deny the final plan. The decision shall include a description of the elements of the approved planned urban development, including land uses, number of units, phasing, the effective date of approval and of expiration, time limits, required 198 ORDINANCE NO. 5676 improvements and the schedule for implementation, and any conditions that may apply to the planned urban development. SECTION CCLV1IL Subsection 4-9-150G.8.a, Expiration, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: a. Expiration: The applicant shall prepare and submit building permit applications which are accepted as substantially complete to the Department of Community and Economic Development within six (6) months of the effective date of approval. The developer shall complete the approved planned urban development or any phase thereof included in the approved final plan within two (2) years from the date of the decision to approve the final plan by the Planning Diroctor Communitv and Economic Development Administrator, unless a shorter time is designated. Failure to complete the planned urban development, or any phase thereof, within this time limit will require the submittal of a new preliminary and final plan application in order to continue construction of the planned urban development. Failure to submit a new application or to complete the planned urban development once construction has begun shall constitute abandonment of the planned urban development subject to subsection J of this Section. Expiration of any building permit issued for a planned urban development shall be governed by the provisions of the applicable Building Code. Construction of any portion of the planned urban 199 ORDINANCE NO. 5676 development requires a current approved planned urban development and a current building permit. SECTION CCLIX. Subsection 4-9-1501, Appeals of Planning Director's Decision on a Final Planned Urban Development, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. APPEALS OF PLANNING DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR'S DECISION ON A FINAL PLANNED URBAN DEVELOPMENT: The Planning—Director Communitv and Economic Development Administrator's decision on a final planned urban development may be appealed to the Hearing Examiner pursuant to RMC 4-8-110. If the Hearing Examiner acts on appeal to approve a final planned urban development, the decision will include an effective date of approval consistent with subsections G and K of this Section. SECTION CCLX. Subsection 4-9-160E, Exemption Application Procedure, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. EXEMPTION APPLICATION PROCEDURE: Applicants must submit an application with the appropriate filing fees according to the City's established fee schedule to the Department of 200 ORDINANCE NO. 5676 Community and Economic Development Sorvicos Division of the DopartrriGnt of Planning/Building/Public Works. The application shall include five (5) sets of photographs, scaled drawings, and/or three (3) dimensional depictions of the proposed objects/surfaces to be exempted, a biographical sketch of the artist, and appropriate Ssite Pplans and wall elevations depicting the location of the objects of art. SECTION CCLXI. Subsection 4-9-160F, Staff Review of Exemption Requests, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: F. STAFF REVIEW OF EXEMPTION REQUESTS: If the €4ty Communitv and Economic Development Administrator determines that there is no issue as to the artistic merit of the proposed object, then the €4ty may issue the applicant shall be issued a public art exemption certificate. Appeals from administrative decisions may be filed as referenced in RMC 4-8- 110, Appeals. SECTION CCLXII. Subsection 4-9-160G, Special Arts Commission Review of Exemption Requests, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: G. SPECIAL ARTS COMMISSION REVIEW OF EXEMPTION REQUESTS: 201 ORDINANCE NO. 5676 If the €rty Community and Economic Development Administrator determines that there is an issue as to the artistic merit of the object, then upon receipt of a completed application the Dovolopmont Sorvicos Division Department of Communitv and Economic Development shall forward the application to the Renton Municipal Arts Commission for review and recommendation and shall notify the applicant of the date the application was transferred to the Commission. 1. Commission Review and Recommendations: The Renton Municipal Arts Commission, following adopted procedures, shall review and transmit to the Dovolopmont Services Division Department of Communitv and Economic Development a recommendation on the application not later than forty-five (45) days from the date of acceptance of a complete application, in accordance with the following procedures. 2. Renton Municipal Arts Commission Role Regarding Public Art Exemption Certificate: The role of the Commission shall be to: (1) recommend whether proposed objects of art reasonably reflect acceptable community values; (2) recommend whether the proposed siting location, size/scale, etc., are appropriate for public display; (3) recommend whether adequate provisions have been made for public access and passive viewing of the objects of art; and (4) to determine whether the objects of art are consistent with the Commission's established guidelines and are by a recognized artist. 202 ORDINANCE NO. 5676 3. Determination of Artist Recognition: In determining that an artist is recognized, the Renton Municipal Arts Commission shall establish a panel, consisting of three (3) Renton Municipal Arts Commissioners and two (2) artists or instructors who are actively engaged in the medium used to create the proposed object of art for which exemption has been applied, which shall determine whether or not said proposed object of art meets or exceeds the standards generally accepted for that medium, and whether or not media and technique show competency and quality of workmanship. 4. Fee: A separate fee, up to a maximum of three hundred dollars ($300.00), will be charged to the applicant for the costs associated with the Renton Municipal Arts Commission's selection of the peer review panel. This fee will be determined by the Renton Municipal Arts Commission. SECTION CCLXI1I. Subsection 4-9-160H, Final Authority, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: H. FINAL AUTHORITY: After reviewing the recommendation of the Renton Municipal Arts Commission, a City official dosipnatod by tho Dovolopmont Sorvicos Division the Communitv and Economic Development Administrator shall make a determination as to whether a public art exemption certificate shall be issued. 203 ORDINANCE NO. 5676 SECTION CCLXIV. Subsection 4-9-1601, Appeal, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. APPEAL: If, after reviewing the recommendation of the Renton Municipal Arts Commission, the Gity—official Communitv and Economic Development Administrator determines that the public art exemption is denied, the applicant may appeal that determination to the Hearing Examiner pursuant to RMC 4-8- 110, Appeals. 1. Standing and Authority for Hearing Appeal: If, after reviewing the recommendation of the Renton Municipal Arts Commission, the City official Communitv and Economic Development Administrator determines that the public art exemption is denied, the applicant may appeal that determination to the Hearing Examiner. The decision from which the appeal is taken will be an administrative decision for purposes of appeal. 2. Transmittal of File and Staff Report to Examiner: On appeal, the Department of Communitv and Economic Development shall submit the official file, including one (1) set of the application materials together with the recommendation of the Renton Municipal Arts Commission and a staff report, to the Hearing Examiner at least ten (10) days prior to the Hearing Examiner's scheduled public hearing on this item. 204 ORDINANCE NO. 5676 SECTION CCLXV. Subsection 4-9-180F.2, Criteria for Rezones Not Requiring Comprehensive Plan Amendment, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Criteria for Rezones Not Requiring Comprehensive Plan Amendment: The Reviewing Official shall make the following findings shall be made: a. The rezone is in the public interest, and b. The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner, and c. The rezone is not materially detrimental to the public welfare of the properties of other persons located in the vicinity thereof, and d. The rezone meets the review criteria in subsection Fl of this Section. SECTION CCLXVI. Subsection 4-9-200B, Applicability, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. APPLICABILITY AND AUTHORITY: 1. Master Plan Review: Master Plan review is required for all development within the UC-N1, UC-N2 and COR Zones that is not specifically exempted in subsection C of this Section. Master Plans are optional in all other zones. When existing parcels are twenty five (25) acres or smaller, a mMaster 205 ORDINANCE NO. 5676 pPlan incorporating all abutting lots in common ownership as of December 1, 2003, is required. 2. Site Plan Review: a. When Required: Site Plan review is required for all development in the IL, CO, CN, CD, CA, CV, COR, UC-N1, UC-N2, R-10, RMH, RM, and R-14 Zones, all development within the Employment Area Valley (EAV) designation, and for the following types of development, regardless of zone: i. K-12 educational institutions. ii. Parks. iii. Outdoor recreation facilities. iv. Rental services with outdoor storage. v. Hazardous Waste Facilities: All hazardous waste treatment and storage facilities. b. Optional: When specifically authorized by the development standards, Site Plan review may be used as a means to propose modifications to development standards for developments otherwise exempt from Site Plan review. 3. Authority: The Communitv and Economic Development Administrator shall have the authority to approve, approve with conditions, or deny proposals based on this section when no other permit or approval requires Hearing Examiner review. 206 ORDINANCE NO. 5676 SECTION CCLXVII. Subsection 4-9-200D.1 of subsection • 4-9-200D, Criteria to Determine if Public Hearing is Required, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. All Master Plans except those covered by a Planned Action Ordinance that included a public hearing that was determined by the Administrator of the Dopartmont of Community and Economic Development Administrator or dosignoo (hereinafter "Administrator or dosignoo") to have provided the public and decision-makers with sufficient detail regarding the project's scale, design, bulk and uses. SECTION CCLXVIN. Subsection 4-9-200D.2.C of subsection 4-9-200D.2, Site Plan Review, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. All commercial or industrial projects adjacent to or abutting residentialiy zoned property, unless the Administrator or designoo determines that the presence of critical areas or other limiting factors on the residential property make development unlikely or unfeasible. SECTION CCLXXIX. Subsection 4-9-200E.2, Level of Detail, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Level of Detail: 207 ORDINANCE NO. 5676 a. Master Plans: For Master Plan applications, the Administrator er- dcsigneo will evaluate compliance with the review criteria at a level of detail appropriate for Master Plans. Master Plans will be evaluated for general compliance with the criteria and to ensure that nothing in the Master Plan will preclude development of a Site Plan in full compliance with the criteria. b. Site Plans: For Site Plan applications, the Administrator or designee will analyze the plan in detail and evaluate compliance with the specific requirements discussed below. SECTION CCLXX. Subsection 4-9-200E.3, Criteria, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-9-200E.3.a through 4-9-200E.3.i shall remain as currently codified. 3. Criteria: The Administrator or dosignee must find a proposed project to be in compliance with the following: SECTION CCLXXI. Subsection 4-9-200F.8, Administrative Approvals, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8. Administrative Approvals: For projects not requiring a public hearing, the Administrator or dosignoo shall take action on the proposed plan. Approval of a Master Plan or Site Plan shall be subject to any mitigation measures that are part of the City's SEPA determination. The Administrator or dosignee shall have the authority to place reasonable conditions on or modify a plan in order to 208 ORDINANCE NO. 5676 satisfy the general purposes of this Section, achieve consistency with the review criteria and compensate for impacts attributable to the proposed development. SECTION CCLXXII. Subsection 4-9-2001, Timing of Building Permits, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. TIMING OF BUILDING PERMITS: No building permit shall be issued for any use until the Administrator ©F dosignoo has approved, or approved with conditions, required Master Plan and Site Plan Review application(s). All building permits issued shall be in compliance with the approved Site Plan. Building permits shall not be issued until the appeal period for an approved Site Plan has expired. SECTION CCLXXIII. Subsection 4-9-240C, Exemptions, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. EXEMPTIONS: 1. Exemptions for Construction-Related Activities: The following uses and structures do not require a temporary use . permit, provided they are associated with an approved land use application and/or an active building or construction permit and approved by the Administrator or dosignoo: a. Contractor's office, storage yard, and equipment parking and servicing on or near the site or in the vicinity of an active construction project. 209 ORDINANCE NO. 5676 b. One (1) model home located on an existing lot, and located within the subdivision or residential development to which it pertains. c. Sales/marketing trailers used for the purpose of real estate sales and/or rental information, located within the subdivision or development to which they pertain. 2. Exemptions for City-Sponsored Events: The following uses are exempt from permit requirements: City-sponsored community fairs, festivals, or events, subject to the approval of the Mayor's office. 3. Exemptions for Special Sales and Ancillary Events Promoting and Located on the Site of an Existing Permanent Business and Not Requiring a Separate Business License: If determined by the Planning Director Community and Economic Development Administrator to be of limited duration with minimal impact on neighboring properties, such special sales/events shall not require issuance of a Temporary Use Permit but may require a permit from the Fire Prevention Bureau and/or King County Health Department. SECTION CCLXX1V. Subsection 4-9-240D, Temporary Use Permits Are Required For Other Temporary Uses or Structures, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. TEMPORARY USE PERMITS ARE REQUIRED FOR OTHER TEMPORARY USES OR STRUCTURES: 210 ORDINANCE NO. 5676 The following uses or structures are separated into Tier I, Tier II, and Tier III temporary use categories. Those in the Tier I category are processed as Type I land use applications, those in the Tier II category are processed as Type II applications, and those in the Tier III category are processed as Type III applications. Projects subject to SEPA are processed differently. 1. Tier I: Examples of temporary uses in this category include activities allowed by the base zone, mobile food vendors located in the IL, IM, IH, CA, CV and CD zones, vehicle sales events held on property not currently used as an auto dealership and within the Automall Area and/or Employment Area Valley, Christmas tree lots, sales events not determined to be exempt per subsection C3 of this Section, and a temporary manufactured home for medical hardship. The Administrator or dosignoo may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in keeping with the intent and purposes of this Section. 2. Tier II: Examples of temporary uses in this category include activities limited or prohibited by the base zone, mobile food vendors not located in the IL, IM, IH, CA, CV and CD zones, and storage trailers. Other uses in this category include circuses, carnivals, fairs, or similar transient amusement or recreational activities. Also included are model homes, equaling the lesser of five (5) homes or twenty percent (20%) of the total lots, when located within the subdivision or residential development to which they pertain. The Administrator or dosignoo may authorize additional temporary uses not listed in this subsection when it is 211 ORDINANCE NO. 5676 found that the proposed uses are in keeping with the intent and purposes of this Section. 3. Tier III: Temporary homeless encampments is the use in this category, and shall have an application fee of one hundred dollars ($100.00). SECTION CCLXXV. Subsection 4-9-240E, Criteria For Determining Permit Type, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: E. CRITERIA FOR DETERMINING PERMIT TYPE: The Administrator or designee shall consider the following factors in determining the tier level for each activity: consistency with the underlying zone, impact on surrounding zones, length of period of time for duration of activity, and hours of operation. Projects subject to SEPA are processed differently. SECTION CCLXXVI. Subsection 4-9-2401, Application Process and Review Authority, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: I. APPLICATION PROCESS AND REVIEW AUTHORITY: The Community and Economic Development Administrator or dosignee shall, in consultation with appropriate City departments, review and decide upon each application for a temporary use permit. The Administrator or dosignoo may approve, modify, or condition an application for a temporary use permit. 212 ORDINANCE NO. 5676 SECTION CCLXXVI I. Subsection 4-9-240J, Decision Criteria, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-9-240J.1 through 4-9-240J.5 shall remain as currently codified. J. DECISION CRITERIA: The Community and Economic Dovolopmont Administrator or dosignoo may approve, modify, or condition an application for a temporary use permit, based on consideration of the following factors: SECTION CCLXXVIII. Subsection 4-9-240K.1, Vehicle Sales Events Held on Property Not Currently Used as an Auto Dealership, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Vehicle Sales Events Held on Property Not Currently Used as an Auto Dealership: Only for properties in the Automall as shown in RMC 4-3-040 or the Employment Area Valley (EAV) land use designation are eligible for a temporary use permit. Additionally, no more than one (1) vehicle sales event shall be allowed per quarter of the year (year beginning January 1st) per property or development as determined by the Community and Economic Dovolopmont Administrator or dosignoo. The use must be allowed by the zone district. Further, each such event shall only be permitted for a maximum of seven (7) consecutive days per quarter. Such sales are not permissible outside of the 213 ORDINANCE NO. 5676 Automall and Employment Area Valley and are not eligible for a temporary use permit. SECTION CCLXXIX. Subsection 4-9-240K.3.p, Review Authority, Appeals, and Permit Revocation, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: p. Review Authority, Appeals, and Permit Revocation: Decision authority is at the Hearing Examiner level with a public hearing, as designee for Community and Economic Dovolopmont the Administrator, and the Appeal Authority is with City Council. If a permit is revoked pursuant to subsection Rl of this Section, the applicant may request an appeal before the City Council. SECTION CCLXXX. Subsection 4-9-240M, Conditions of Approval, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: M. CONDITIONS OF APPROVAL: 1. General: The Community and Economic Dovolopmont Administrator er- dosignoo may establish conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, requiring that notice be given to adjacent/abutting property owners prior to approval, time and frequency of operation, temporary arrangements for parking and traffic circulation, 214 ORDINANCE NO. 5676 requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses. 2. Additional Requirements - for Model Homes: In addition to the requirements of subsection Ml of this Section, General, the Administrator ef dosignee may require conditions of approval regarding access/roadway construction, temporary erosion control, utilities, street and lot addressing, building permits, staking of proposed lots underlying the model homes, staking of model home lot setbacks, plat approval, abatement agreements and indemnification, and security devices for removal of model homes if plat is not recorded. SECTION CCLXXXI. Subsection 4-9-240O.1, Standard Period of Validity, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Standard Period of Validity: Except as specified in subsection 02 of this Section, a temporary use permit is valid for up to one (1) year from the effective date of the permit, unless the Community and—Economic Dovolopmont Administrator or dosignoo establishes a shorter time frame. SECTION CCLXXXII. Subsection 4-9-240Q Security, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: Q. SECURITY: 215 ORDINANCE NO. 5676 The Community and Economic Dovolopmont Administrator or dosignoo may require security in conformance with RMC 4-9-060C to assure compliance with the provisions of the temporary use permit as approved if required. The amount of the security will be determined by the Community and—Economic Dovolopmont Administrator or designee, but in no case shall it be less than one thousand dollars ($1,000.00). The security may be used by the City to abate the use and/or facilities. SECTION CCLXXXIII. Subsection 4-9-240R.1, Revocation of Temporary Use Permit, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Revocation of Temporary Use Permit: Should the Community and Economic Dovolopmont Administrator or dosignoo determine that information has been provided to the City which was false, incomplete, or has changed, such that the decision criteria in subsection J of this Section are incorrect, false, or have not been met, or the temporary use actually being used is different than or greater than that applied for, or if the use itself is a nuisance, unhealthy, unsafe or poses a substantial risk of harm to persons or property, then the Administrator or dosignoo may revoke the temporary use permit upon ten (10) days' written notice, unless an emergency exists, in which case the Administrator or dosignoo may declare such an emergency and immediately revoke the temporary use permit. 216 ORDINANCE NO. 5676 SECTION CCLXXXIV. Subsection 4-9-250B.1, Authority and Applicability for Administrative Variances, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-9-250B.l.a through 4-9-250B.l.d shall remain as currently codified. 1. Authority and Applicability for Administrative Variances: The Community and Economic Development Administrator and/ or dosignoo shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Examiner Review: SECTION CCLXXXV. Subsection 4-9-250B.6, Special Review Criteria - Reasonable Use Variance - Critical Areas Regulations Only, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence is amended as shown below. Subsections 4-9-250B.6.a through 4-9-250B.6.e shall remain as currently codified. 6. Special Review Criteria - Reasonable Use Variance - Critical Areas Regulations Only: For variance requests related to the critical areas regulations not subject to subsections B7 to Bll of this Section, tho Roviowing Official may grant a reasonable use variance may be granted if all of the following criteria are met: SECTION CCLXXXVI. Subsection 4-9-250B.8, Special Review for Variances from Flood Hazard Requirements in the Critical Areas Regulations, of Chapter 9, Permits - Specific, of Title 217 ORDINANCE NO. 5676 IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations: In lieu of the variance criteria of subsection B5 of this Section, the following directives and criteria shall be utilized by tho Roviowing Official in the review of variance applications related to the flood hazard requirements of the critical areas regulations: a. Purpose and Intent: Variances, as interpreted in the national flood insurance program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. b. Review Criteria: In passing upon such an application for a variance, the Reviewing Official shall considor tho following review criteria shall be considered: i. Consider all technical evaluations, all relevant factors, standards specified in other sections of this sSection; and: (a) The danger that materials may be swept onto other lands to the injury of others; 218 ORDINANCE NO. 5676 (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and 219 ORDINANCE NO. 5676 facilities such as sewer, gas, electrical, and water systems, and streets and bridges. ii. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided criteria in subsection B8b(i) of this Section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. iii. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsections B8b(ii), (iii) or (iv) of this Section, and otherwise complies with RMC 4-3-050l2a and 12b of the general standards. iv. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in thissSection. v. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. vi. Variances shall only be issued upon: 220 ORDINANCE NO. 5676 (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (d) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. c. Conditions of Approval: Upon consideration of the factors of subsection B8b of this Section, and the purposes of this Section, the Reviewing Official may attach such conditions may be attached to the granting of variances as it dooms if deemed necessary to further the purposes of this Section. d. Notice Required upon Variance Approval: Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. e. Records: The Dopartmont Administrator or dosignoo shall maintain the records of all variance actions and report any variances to the Federal Insurance Administration upon request. 221 ORDINANCE NO. 5676 SECTION CCLXXXVII. Subsection 4-9-250B.10.i of subsection 4-9-250B.10, Special Review Criteria - Public/Quasi-Public Utility or Agency Altering Aquifer Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: i. The approval as determined by tho Reviewing Official is a the minimum variance that will necessary to accomplish the desired purpose; and SECTION CCLXXXVIII. Subsection 4-9-250B.14, Decision Process, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 14. Decision Process: a. The Community and Economic Development Administrator or Dosignoe Shall Announce Findings and Decisions: Not more than thirty (30) days after the termination of the proceedings of the public hearing on any variance, the Community and Economic Dovolopmont Administrator or designoo shall announce the Administrator's findings and decision. If a variance is granted, the record shall show such conditions and limitations in writing as the Administrator may impose. b. Notice of Decision of the Community and Economic Development Administrator or Dosignoo: Following the rendering of a decision on a variance application, a copy of the written order by the Administrator shall be mailed to the applicant at the address shown on the application and filed with the 222 ORDINANCE NO. 5676 Department of Community and Economic Development Department and to any other person who requests a copy thereof. c. Reconsideration: (Reserved) d. Record of Decision: Whenever a variance is approved by the Community—ar+d—Economic—Dovelopment Administrator er-—dosignoo the Department shall forthwith make an appropriate record and shall inform the administrative department having jurisdiction over the matter. SECTION CCLXXXIX. Subsection 4-9-250B.15, Conditions of Approval, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 15. Conditions of Approval: The Roviowing Official may proscribe any eConditions may be placed upon the variance if deemed to be necessary and required. SECTION CCXC. Subsection 4-9-250B.17, Expiration of Variance Approval, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 17. Expiration of Variance Approval: Any variance granted by tho Reviewing Official, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after 223 ORDINANCE NO. 5676 such variance has been issued. For proper cause shown, an applicant may petition the Reviewing Official during the variance application roviow process, for an extension of the two (2) year period during the variance application review process/specifying the reasons thorofor for the request. The time may be extended but shall not exceed one (1) additional year in any event. SECTION CCXCI. Subsection 4-9-250B.18, Extension of Approval, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 18. Extension of Approval: For proper cause shown, an applicant may petition tho Roviowing Official for an extension of the approved expiration period established per subsection D16 of this Section prior to the expiration of the time period, specifying the reasons thorofor for the request. The Roviowing Official may extend tho time limit may be extended, but such extension shall not exceed one (1) additional year in any event. SECTION CCXCII. Subsection 4-9-250C.2, Authority for Waiver of Street Improvements, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Authority for Waiver of Street Improvements: The Community and Economic Dovolopmont Administrator or his/her designee may grant waiver of the installation of street improvements subject to the determination that there is reasonable justification for such waiver. 224 ORDINANCE NO. 5676 SECTION CCXCIII. Subsection 4-9-250F, Absence of Valid Scientific Information, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: F. ABSENCE OF VALID SCIENTIFIC INFORMATION: Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the Responsible Official decision shall be based upon the following: 1. Take a A "precautionary or a no-risk approach" that appropriately limits development and land use activities until the uncertainty is sufficiently resolved, or determine that protection can be ensured by using an approach different from that derived from the best available science; provided, that the applicant demonstrates on the record how the alternative approach will protect the functions and values of the critical area; and 2. A_Requiro required application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall: 225 ORDINANCE NO. 5676 a. Address funding for the research component of the adaptive management program; b. Change course based on the results and interpretation of new information that resolves uncertainties; and c. Commit to the appropriate timeframe and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries. SECTION CCXCIV. Subsection 4-10-050A.4.b of subsection 4-10-050A.4, Limits on Enlargement, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: b. Nonconforming enlargements may only be allowed at the discretion of the Administrator of the Dopartmont of Community and Economic Development Administrator or designee if the enlargement is shown to be moving towards conformity and is either: i. Sited carefully to achieve compatible transition between surrounding buildings, parking areas and other land uses; or ii. Does not significantly cause any adverse or undesirable effects on the site or neighboring properties. SECTION CCXCV. The definition of "Administrator" in section 4-11-010, Definitions A, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. 226 ORDINANCE NO. 5676 SECTION CCXCVI. The definition of "Animals, Domestic" in section 4-11-010, Definitions A, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: ANIMALS, DOMESTIC: Animals that have been bred to be tame, are dependent on human intervention for food and shelter, and are kept continually at the premises of the owner. These animals are to include: large lot domestic animals, medium lot domestic animals, small lot domestic animals, and other animals as approved by the Planning Director Community and Economic Development Administrator. Bees, peafowl, and roosters are excluded from this definition. SECTION CCXCVII. The definition of "Buffer, Critical Area" in section 4-11-020, Definitions B, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: BUFFER, CRITICAL AREA: A naturally vegetated and undisturbed, enhanced, or revegetated area that surrounds and protects a critical area from adverse impacts to its functions and values, and/or which protects adjacent developed areas from potentially hazardous conditions. SECTION CCXCVIII. Section 4-11-030, Definitions C, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of 227 ORDINANCE NO. 5676 the City of Renton, Washington", is hereby amended to add new definitions of "Community and Economic Development Administrator" and "Construction Waste", to read as follows: COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR: The Administrator of the Department of Communitv and Economic Development or designee. CONSTRUCTION WASTE: Solid waste resulting from the building or renovation of buildings, roads and other human-made structures. Construction waste includes, but is not limited to, materials such as plasterboard, cement, dirt, wood, and brush. SECTION CCXCIX. Section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new definition of "Demolition Waste", to read as follows: DEMOLITION WASTE: Solid waste resulting from the demolition or razing of buildings, roads and other human-made structures. Demolition waste includes, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. SECTION CCC. The definitions of "Director" and "Dwelling Unit, Attached" in section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: 228 ORDINANCE NO. 5676 DEVELOPMENT SERVICES DIRECTOR: The Director of the Development Services Division of the Planning/Building/Public Works Department of Communitv and Economic Development tho City of Ronton or a- designee. DWELLING UNIT, ATTACHED: See DWELLING, MULTI FAMILY. A building containing more than one (1) dwelling unit. This definition includes attached dwellings and assisted living. This definition does not include boarding and lodging houses, accessory dwelling units, adult family homes, group home I, or group home II. SECTION CCCI. The definition of "Dwelling, Multi Family" in section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION CCCII. Section 4-11-060, Definitions F, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a definition of "Fire Chief", to read as follows: FIRE CHIEF: The City of Renton Fire Chief or designee. SECTION CCCII I. The definition of "Floodway" in section 4-11-060, Definitions F, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 229 ORDINANCE NO. 5676 FLOODWAY: The channel of river or other watercourse and the adjaeer+t abutting land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (!'). SECTION CCCIV. The definition of "Hyporheic Zone" in section 4-11-080, Definitions H, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: HYPORHEIC ZONE: The saturated zone located beneath and adjacent to abutting streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. SECTION CCCV. The definition of "Kennel" in section 4-11-110, Definitions K, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 230 ORDINANCE NO. 5676 KENNEL: A commercial facility for the care and/or breeding of dogs and/or cats. This definition includes pet daycare facilities. SECTION CCCVI. The definition of "Landscape Buffer" in section 4-11-120, Definitions L, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: LANDSCAPE BUFFER: An on-site strip abutting a property line which provides a physical, visual, and/or noise buffer and transition between land use of varying compatibilities and/or the street. Landscape buffers consist primarily of natural landscaping and selected hard surface elements, when deemed appropriate by the reviewing official Community and Economic Development Administrator or Hearing Examiner. SECTION CCCVII. The definition of subsection D, "Downlighting" of the definition of "Light Definitions" in section 4-11-120, Definitions L, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. Downlighting: A direct lighting unit that aims the light downward. Downlighting is glare-free and shielded from the sky and adjacent and abutting properties, either through exterior shields and/or through optics within the fixture. SECTION CCCVIII. The definitions of "Manufactured Home", "Manufacturing and Fabrication, Heavy", "Manufacturing and Fabrication, Light", 231 ORDINANCE NO. 5676 "Manufacturing and Fabrication, Medium" and "Mobile Home" in section 4-11-130, Definitions M, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown below. The definition of "Manufactured Home, Designated" is hereby deleted. MANUFACTURED HOME: A residential structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Tho torm "manufactured home" does not This definition also includes a "feer-eational vehicle" or mobile homes constructed prior to the enactment of the National Manufactured Home Construction and Safety Standards Act of 1974. If located within a Manufactured or Mobile Home Park, Recreational Vehicles shall be included in this definition if either (i) the vehicle contains at least one (1) internal toilet and at least one (1) internal shower, or (ii) the Manufactured or Mobile Home Park provides communitv showers and toilets. MANUFACTURED HOME, DESIGNATED: A residential manufactured homo that moots the following roquiromonts: •1. It is comprised of at loast two (2) fully enclosed parallel sections oach not less than twelve foot (12') wide by thirty six foot (36') long, 2. It has a composition, wood shinglo, coated metal or similar roof of not loss than three to twelve (3:12) pitch, and 3. It has oxtorior siding similar in appearance to siding materials commonly used for conventional sito built single family residences. 232 ORDINANCE NO. 5676 MANUFACTURING AND FABRICATION, HEAVY: The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Heavy manufacturing and fabrication are often characterized by the need for large outdoor areas in which to conduct operations, and typically results in environmental impacts beyond their own sites. This definition includes, but is not limited to: manufacture and fabrication of automotive vehicles and their parts, cement, brick, lime, gypsum, asphalt, and other manufacturing and fabrication uses as determined by the reviewing official Communitv and Economic Development Administrator. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by- products except as an accessory use of less than fifty thousand (50,000) gallons. MANUFACTURING AND FABRICATION, LIGHT: The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Light manufacturing and fabrication is characterized by the use being contained within buildings, and materials or equipment used in production not being stored outside. Light manufacturing and fabrication activities do not generate external emissions such as smoke, odor, noise, vibrations or other nuisances outside the building. This definition includes but is not limited to manufacture and fabrication of electronic components, 233 ORDINANCE NO. 5676 office products, furniture, glass products, and other manufacturing and fabrication uses as determined by the reviewing official Communitv and Economic Development Administrator. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. MANUFACTURING AND FABRICATION, MEDIUM: The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Medium manufacturing and fabrication is characterized by need for only very limited areas of outdoor storage and may create minor external environmental impacts during the conduct of operations but most impacts are contained on-site. This definition includes but is not limited to manufacture and fabrication of, alcoholic products, paints, printing ink, leather goods, and other manufacturing and fabrication uses as determined by the roviowing official Communitv and Economic Development Administrator. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. MOBILE HOME: A factory built structure, transportable in ono or more sections, built on a chassis and designed to bo a dwelling without a permanent 234 ORDINANCE NO. 5676 foundation, that was constructed prior to the enactment of the National Manufactured Homo Construction and Safety Standards Act of 1974. This definition does not include rocroational vehicles, manufactured homos, or designated manufactured homos. See MANUFACTURED HOME- SECTION CCCIX. The definition of "Planning Director" in section 4-11-160, Definitions P, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: PLANNING DIRECTOR: The individual under the direction of the Community and Economic Development Administrator who plans, organizes, coordinates and directs the City's Planning Division, including the development and adoption of the City's Comprehensive Plan, zoning, and development regulations, or designee. Additionally, the Planning Director is responsible for application and enforcement of the City's zoning, shoreline management, and environmental ordinances, review and processing of all land use subdivision permit applications. SECTION CCCX. Section 4-11-160, Definitions P, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby to add a definition of "Public Works Administrator" to read as follows: PUBLIC WORKS ADMINISTRATOR: The Administrator of the Public Works Department or designee. 235 ORDINANCE NO. 5676 SECTION CCCXI. The definition of "Research - Scientific (Small Scale)" in section 4- 11-180, Definitions R, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: RESEARCH - SCIENTIFIC (SMALL SCALE): The gathering of data, information, and facts for the advancement of knowledge. Small scale research is generally sponsored by an organization or government agency. Facilities may consist of temporary offices, sheds, or structures that have a small footprint. The uses have only limited impact on the underlying use of the site or environment as determined by the Administrator of tho Department of Community and Economic Development Administrator or dosignoo. Such scientific research may be conducted in a building or in the field, may include investigation, testing or experimentation for study, research education, mitigation, and demonstration of scientific principles and may be temporary in nature. SECTION CCCXII. The definition of "Salmonid Migration Barrier" in section 4-11- 190, Definitions S, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: SALMONID MIGRATION BARRIER: An in-stream blockage that consists of a natural drop (no human influence) with an uninterrupted slope greater than one hundred percent (100%) (forty:five (45) degree angle) and a height in excess of eleven (11) vertical feet within anadromous salmon-bearing waters or a height 236 ORDINANCE NO. 5676 in excess of three (3) vertical feet within resident trout-only bearing waters. Human-made barriers to salmonid migration (e.g., culverts, weirs, etc.) shall be considered barriers to salmonid migration by this definition, only if they were lawfully installed; permanent; present a complete barrier to salmonid passage based on hydraulic drop, water velocity, water depth, or any other feature which would prevent all salmonids from passing upstream; and in the opinion of the City Reviewing Official Communitv and Economic Development Administrator cannot be modified to provide salmonid passage without resulting in significant impacts to other environmental resources, major transportation and utility systems, or to the public, and would have significant expense. For the purposes of this definition, "significant expense" means a cost equal to or greater than fifty percent (50%) of the combined value of the proposed site buildings, structures, and/or site improvements, and existing buildings, structures, and/or site improvements to be retained. SECTION CCCXIII. The definition of subsection D, "Uses, Unclassified" of the definition of "Use" in section 4-11-210, Definitions U, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. Uses, Unclassified: A use which does not appear in a list of permitted, conditional, or accessory uses, but which is interpreted by the Rosponsiblo Official Communitv and Economic Development Administrator, as similar to a 237 ORDINANCE NO. 5676 listed permitted, conditional, or accessory use and not otherwise prohibited. See RMC 4-2-050. SECTION CCCXIV. The definition of subsection C, "Utilities, Small" of the definition of "Utilities" in section 4-11-210, Definitions U, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. Utilities, Small: Small scale facilities serving local areas within the City, including underground power lines, water, sewer, and storm water facilities included within a Council-adopted utility system plan, fiber optic cable, pump stations and hydrants, switching boxes, and other structures normally found in a street right-of-way to serve adjacent abutting properties. SECTION CCCXV. The definition of "Wetland Buffers or Wetland Buffer Zones" in section 4-11-230, Definitions W, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a wetland from adverse impacts to its functions and values. Buffers are designated areas adjacent to abutting a regulated wetland which protect the wetland from changes in the location of the wetland edge. Wetland buffers minimize the short and long term impacts of development on properties adjacent to abutting wetlands, preserve important wildlife habitat, allow for infiltration and water quality improvement, protect buildings, roads and other 238 ORDINANCE NO. 5676 infrastructure as well as property owners from flood damage in years of high precipitation. SECTION CCCXVI. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 3rd day of December f 2012. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 3rd day of December / 2012. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney « Date of Publication: 12/7/2012 (summary) Y< * ORD:1768:ll/19/12:scr 239