HomeMy WebLinkAboutORD 4716Amends:ORD 3758
Repeals:ORD 4695
Amended by ORD 4963;5:i 5''1
CITY OF RENTON,WASHINGTON
ORDINANCE NO.4716
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
REPEALING ORDINANCE NO.4695 AND ADOPTING AMENDMENTS TO
THE SHORELINE MASTER PROGRAM.
WHEREAS,the State.of Washington Shoreline Management Act of
1971,Chapter 90.58 RCW,requires that counties and cities incur
certain duties,obligations and responsibilities with regard to
the implementation of said Act;and
WHEREAS,the City Council finds.that certain revisions to
the existing City Shoreline Master Program are necessary in
furtherance of the provisions of Chapter 90.58 RCW,and that such
revisions are in the best interest of the citizens of Renton;and
WHEREAS,the Draft amendments wer€sent to the Department of
Ecology for comment in accordance with WAC 173-26-100,and on May
23,August 19,and September 11,1997,the Department of Ecology
provided th~City with comments;and
WHEREAS,comments were .solicited from federal,state,local,
regional and tribal interests in accordance with WAC 173-26-
100(3);and
WHEREAS,the Planning Commission held a public hearing
soliciting comment .on the proposed Shoreline Master Program
amendments on July 30,1997;and
WHEREAS,the City notified the Department of Ecology and the
Department of Community,Trade and Economic Development,and
other agencies of the intent to adopt amendments at least sixty
1
ORDINANCE NO.4716
,.....,
Master Program
Department of
days prior to approval in accordance with WAC 173-26-100(5)and
RCW 36.?OA.106;and
WHEREAS,the City Council'5 Planning and Development
Commi ttee reviewed the proposed Shoreline
amendments and public comments including the
Ecology's comments on November 13,1997;and
WHEREAS,as a result of these meetings,revisions
recommended by the pUblic,commenting agencies and the Department
of Ecology were considered and incorporated where appropriate
into the proposed Shoreline Master Program amendments;and
WHEREAS,the revised Shoreline Master Program was formally
considered by the City Council during a public hearing held on
December 1,1997,as advertised in accordance with WAC f73-26-
100(2);and
WHEREAS,Section 4-19-2 of the Renton Municipal Code directs
that amendments to the Shoreline Master Program be made by
ordinance;and
WHEREAS,the City Council adopted Ordinance No.4695 on
December 8,1997,approving the proposed Shoreline Master Program
Amendments to become effective immediately upon formal State
Department of Ecology adoption;and
WHEREAS,the City transmitted Ordinance No.4695 along with
other .supporting documents to the Department of Ecology
consistent with submittal requirements of WAC 173-26-110 on
December 16,1997;and
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ORDINANCE NO.4716
WHEREAS,on March 5,1998,the Department of Ecology sent
written approval of the City of Renton's Shoreline Master Program
Amendments,subject to making additional minor changes,and
determined that with the changes,the amendments are consistent
with Chapter 90.58 RCWi and
WHEREAS,the City Council'5 Planning and Development
Committee reviewed the Department of Ecology'5 March 5,1998,
letter,and determined that reque~ted minor revisions are
appropriate;and
WHEREAS,the City Council concurred with the Planning and
Development Committee's report of March 23,1998;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON,DO ORDAIN AS FOLLOWS:
SECTION I.The above findings and recitals are found to
be true and correct in all respects.
SECTION II.Ordinance No.4695,adopted on December 8,
1997,is hereby repealed.
SECTION III.The City Council approves the March 19,1998
Shoreline Master Program amendments that are attached to this
ordinance and incorporated herein by reference.
SECTION IV.The City Council directs the Neighborhoods
and Strategic Planning Director to prepare a final document
incorporating the attachment amendments and send the adopted
Shoreline Master Program amendments to the Department of Ecology.
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SECTION V.
ORDINANCE NO.4716
This ordinance shall be effective upon its
passage,approval,and five days after its publication.
PASSED BY THE CITY COUNCIL this 13th day of April ,1998.
Clerk
APPROVED BY THE MAYOR this 13th day of A_p_r_i_l ",1998.
Jesse Tanner,Mayor
ORD.690:3/25/98.
4
CITY OF RENTON
SHORELINE MASTER PROGRAM
ADOPTED BY ORDINANCE NO. 3758
December 5, 1983
Revised July 22, 1985 (Minutes), March 12, 1990 (Resolution 2787),
July 16, 1990 (Resolution 2805), September 13, 1993 (Minutes), and
April 13, 1998 (Ordinance 4716)
1
TABLE OF CONTENTS
Section Paqe
1 Introduction 1
2 Procedures 5
2.01 Information Prior to Submitting Application 5
2.02 Shoreline Permits 5
2.03 Exemptions 6
2.04 Review of Application 10
2.05 Time Requirements: Shoreline Permits 11
2.06 Rulings to State 13
2.07 Enforcement 13
2.08 Rescission of Permits 13
2.09 Appeals 14
2.10 Penalties 14
2.11 Amendments 15
3 Regulated Shorelines 16
4 Goals and Policies 17
4.01 Shoreline Uses and Activities Element 17
4.02 Conservation Element 17
4.03 Economic Element 19
4.04 Public Access Element 19
4.05 Recreation Element 20
4.06 Circulation Element 21
4.07 Residential Element 21
5 Environments 23
5.01 Three Environments 23
5.02 Natural Environment 23
5.03 Conservancy Environment 23
5.04 Urban Environment 25
6 General Use Regulations 26
6.01 Applicability 26
6.02 Environmental Effects 26
6.03 Use Compatibility and Aesthetic Effects 26
6.04 Public Access 27
6.05 Facility Arrangement- Shoreline Orientation 27
6.06 Landscaping 27
Ord. 4716, 4-13-98 2
6.07 Unique and Fragile Areas 27
7 Specific Use Regulations 28
7.01 Airport- Seaplane Bases 28
7.02 Aquaculture 28
7.03 Boat-launching Ramps 29
7.04 Bulkheads 30
7.05 Commercial Development 31
7.06 Dredging 31
7.07 Industrial Development 33
7.08 Landfill 33
7.09 Marinas 34
7.10 Mining 35
7.11 Parking 35
7.12 Piers and Docks 35
7.13 Recreation 39
7.14 Residential Development 40
7.15 Roads and Railroads 40
7.16 Stream Alteration 41
7.17 Trails 42
7.18 Utilities 42
8 Variances and Conditional Uses 46
8.01 Variances and Conditional Use Permits 46
8.02 Variances 46
8.03 Conditional Use 46
8.04 Time Limit, Permit Validity, and Appeals 47
9 Definitions 48
LIST OF FIGURES (MAPS�
3-1 Map of Shorelines 16-A
5-1 Map of Environments 25-A
Appendix A Springbrook Creek Shoreline Boundary Map A-1
Ord. 4716, 4-13-98 3
SECTION 1. INTRODUCTION
1.01 BACKGROUND
For severai years there has been growing concern among citizens, local government and
State government about the increasing pressures affecting the utilization of the shorelines
within the State. In general, shorelines are of limited supply and are faced with rapidly
increasing demands for such traditional uses as ports, fishing, swimming and scenic
views, as well as new demands for recreational subdivisions, private housing, commercial
and industrial uses. More people, higher incomes, more leisure time, and general
business growth have combined to create a heavy use of the shorelines.
In the fall of 1970, the Washington Environmental Council circulated an initiative petition
known as the Shorelines Protection Act, or Initiative 43, and gathered enough signatures
to certify it to the legislature meeting in 1971. Initiative 43, placed the primary
responsibility for the planning and implementation of the Act with State government. The
legislature then had the choice of accepting Initiative 43, passing a substitute measure, or
taking no action whatsoever. They chose the second option and enacted engrossed
Substitute House Bill #584, which was called the Shoreline Management Act of 1971, and
subsequently became Initiative 43B. Initiative 43B, called for local control of planning and
implementation of the Act.
In November of 1972, both measures were placed on the ballot, and the State's voters
selected the Shoreline Management Act of 1971 (RCW 90.48). This Act is based on the
philosophy that the shorelines of our State are among our most "valuable" and "fragile"
natural resources and that unrestricted development of these resources is not in the best
public interest. Therefore, planning and management are necessary in order to prevent
the harmful effects of uncoordinated and piece-meal development of our State's
shorelines.
1.02 REQUIREMENTS OF THE SHORELINE MANAGEMENT ACT
Under the Washington State Shoreline Management Act, local governments have the
primary responsibility for initiating the planning program and administering the regulatory
requirements of the Act, with the Department of Ecology acting in a supportive and review
capacity. As set forth in the provisions of the Act, local governments must fulfill the
following basic requirements:
1. Administration of a shoreline permit system for proposed substantial development
on shorelines of the State regulated by Renton.
2. Compilation of a comprehensive inventory which includes a survey of natural
characteristics, present land uses, and patterns of ownership.
3. Development of a Master Program to provide an objective guide for regulating the
use of shorelines.
1.03 COMPLIANCE IN RENTON
The Washington State Shoreline Management Act of 1971, directs all local governments
to develop a Master Program for the management of all shorelines of the State and
Ord. 4716, 4-13-98 1
associated shorelands which are under the local governments' jurisdictions. This Master
Program has been prepared to comply with the requirements of that Act and to formulate
guidelines which will regulate the future utilization and development of the shorelines
within the City of Renton's jurisdiction. Specifically, this Master Program affects the
shorelines of Lake Washington, Cedar River, Green River, Black River, Springbrook
Creek, and May Creek, and any other shoreline later coming under the jurisdiction of the
Act.
In compliance with the first requirement of the State Act, and as part of this Master
Program, the City of Renton is establishing a permit system, under which a permit would
have to be obtained for any substantial development proposed within aforementioned
shorelines, within Renton's jurisdiction. Substantial development, according to the law,
means any development on which the fair market value exceeds $2,500.00, or any
development which materially interferes with the normal public use of the water or
shorelines of the state. As part of that permit system, general exceptions to the permit
requirement are allowed and listed in section 2.03 of this document.
Applications for Exceptions must still be submitted to and approved by the Development
Services Division. However, any development which occurs within shorelines, as defined
by the Act, whether it requires a permit or not, must be consistent with the intent of the
State law.
Under the shoreline permit system herein established, administrative responsibility for
issuing substantial development permits lies with the Development Services Division of
the Planning/Building/Public Works Department. The Land Use Hearing Examiner has the
authority to grant shoreline variance or conditional use permit applications, which are
then approved or denied by the Department of Ecology. Liberal provisions are provided
for appeal of permit decisions made by the Development Services Division to the State of
Washington Shorelines Hearings Board. Appeals of the decisions of the Land Use
Hearing Examiner for conditional use permits and for variances are also heard by the
State of Washington Shorelines Hearings Board.
In compliance with the second requirement of the Act, the Renton Planning Department
conducted a comprehensive inventory of the natural characteristics, present land uses,
and patterns of ownership along the City's shoreline. The inventory was completed in
October, 1972, and provided a substantial basis for the development of this Master
Program. The environments and specific use regulations reflect the local conditions that
are documented in that inventory.
In compliance with the third requirement of the Act, the City of Renton, with the help of its
local citizens, has developed a Shoreline Master Program to serve as a guide for
regulating use of the shorelines of the State within Renton's jurisdiction. Included therein
is a description of the goals, objectives, policies, environments, use regulations, and
provisions for variances and conditional uses, that were enacted as part of an overall plan
which will regulate the future utilization and development of the shorelines of the State
under Renton's jurisdiction.
1.04 DEVELOPMENT OF THE MASTER PROGRAM
The Shoreline Management Act requires that Renton's Shoreline Management Program
serve as an objective guide for regulating use of the shorelines of the State under the
City's jurisdiction. As defined by the Act, the Master Program is to be general,
Ord. 4716, 4-13-98 2
comprehensive, and long-range (20-30 years) in order to be applicable to all of Renton's
shorelines. "General" means that the policies, proposals, and guidelines are not directed
towards any specific sites. "Comprehensive" means that the Program is directed toward
all land and water uses, their impact on the environment and logical estimates of future
growth, and it also means that the Program shall recognize the plans and programs of
other governmental units, and adjacent jurisdictions. "Long range" means that the
Program is to be directed at least twenty (20) to thirty (30) years into the future, look
beyond immediate uses, and follow creative objectives rather than a simple projection of
current trends and conditions.
The basic intent of this Master Program is to provide for the management of shorelines of
the State within Renton's jurisdiction by planning for and fostering all reasonable and
appropriate uses and to ensure, if development takes place, that it is done in a manner
which will promote and enhance the best interests of the general public. This Master
Program has further been formulated to protect the public interest and general welfare in
shorelines regulated by Renton and, at the same time, to recognize and protect owners'
legal property rights consistent with the public interest. The goals and policies of this
Master Program are formulated so as to enhance the public use and enjoyment of the
shorelines so long as that public use is consistent with, and does not impair, legal private
property rights. It is recognized that the shorelines of the State found in Renton are
located within a major urbanized area, and that they are subject to ever increasing
pressures of additional uses necessitating increased coordination in the management and
development of the shorelines. An attempt has, therefore, been made to present a
planned, rational, and concerted effort to increase coordinated and optimum utilization of
the shorelines of the State under Renton's jurisdiction.
Additionally, this Master Program has also been formulated so as to provide for uses of
our shorelines in the following order of preference:
1. Recognize and protect the state-wide interest over local interest on shorelines of
state-wide significance.
Z. Preserve the natural character of the shorelines.
3. Result in long-term over short-term benefits.
4. Protect the resources and ecology of the shorelines.
5. Increase public access to publicly owned areas of the shorelines.
6. Increase recreational opportunities for the public in the shorelines.
7. Provide for any other element deemed appropriate or necessary.
It should also be noted that the Department of Ecology has designated Lake Washington
as a "region" for the purpose of shoreline planning. The Lake Washington Regional
Shoreline goals and Policies adopted by the Regional Citizens Advisory Committee on
October 31, 1973, have been considered in the formulation of this Master Program.
This Master Program should be read in its entirety and be considered as a whole. The
goals and policies and specific uses of this Master Program were developed in an attempt
to provide long-range planning which would govern the future utilization and development
of our shorelines. Although it is anticipated that this Master Program will need to be
revised from time-to-time as additional shorelines are annexed and become subject to the
provisions of this Act, as planned unit developments are established, and as additional
experience is gained working with this Act during its initial implementation period, it is felt
that the general goals and policies of this Master Program provide the general guidelines
under which future utilization and development might occur. We feel confident that these
Ord. 4716, 4-13-98 3
final guidelines are expressive of the concerns of the citizens of the City of Renton for the
management of their shorelines. This master Program has been written with the spirit of
optimism, with the hope that our legacy of natural grandeur in the City of Renton will be
more wisely used in the brief period of time it is entrusted to us, so that succeeding
generations might have it to enjoy.
In 1982, the Renton Planning Commission recommended revisions to the Master
Program in accordance with the provisions requiring periodic review. The Renton City
Council adopted revisions to this Master Program in late 1983.
Ord. 4716, 4-13-98 4
SECTION 2. PROCEDURES
2.01 INFORMATION PRIOR TO SUBMITTING APPLICATION
Prior to submitting an application for a shoreline permit or an exemption from a shoreline
permit, the applicant should informally discuss a proposed development with the
Development Services Division. This will enable the applicant to become familiar with the
requirements of this Master Program, Building and Zoning procedures, and enforcement
procedures.
2.02 SHORELINE PERMITS
2.02.01 Application Forms and Fees
No substantial development shall be undertaken on shorelines of the City without first
obtaining a shoreline permit from the Development Services Division. Applications for
such permits shall be made on forms, and reviewed according to procedures prescribed
by the Development Services Division. Application forms may be revised from time-to-
time by the Development Services Division without prejudice to any existing applications.
Such forms should be designed to provide such information as is necessary to determine
whether such a permit is justified. Applications shall be made by the property owner, or
his authorized agent, lessee, contract purchaser, or other person entitled to possession of
the property and, except for applications filed by or on behalf of the City or other
governmental agencies, shall be accompanied by a receipt issued by the Finance
Department showing payment of the applicable fees which are established by the fee
schedule ordinance.
2.02.02 Notice and Postinq
Three (3) copies of a notice of development application shall be posted prominently on
the property concerned and in conspicuous public places within three hundred (300) feet
thereof. The notice of development application shall also be mailed to property owners
within three hundred feet (300') of the boundaries of the subject property. The required
contents of the notice of development application are detailed in Section 4-36-8(B) of the
Renton Municipal Code.
Each notice of development application shall include a statement that persons desiring to
present their views to the Development Services Division with regard to said application
may do so in writing to that Division, and persons interested in the Development Services
Division's action on an application for a permit may submit their views in writing or notify
the Development Services Division in writing of their interest within thirty (30) days from
the date of issuance of such notice. Notice of development application for a substantial
development permit regarding a limited utility extension as defined in RCW
90.58.140(11)(b), or for the construction of a bulkhead or other measures to protect a
single family residence and its appurtenant structures from shoreline erosion shall include
a twenty (20) day comment period.
Such notification or submission of views to the Development Services Division shall
entitle those persons to a copy of the action taken on the application.
2.02.03 Review Guidelines
Unless exempted or authorized through the variance or conditional use permit provisions
Ord. 4716, 4-13-98 5
of this Master Program, no substantial development permit and no other permit shall be
granted unless the proposed development is consistent with the provisions of this Master
Program, the Shoreline Management Act of 1971, and the rules and regulations adopted
by the Department of Ecology thereunder.
2.02.04 Burden of Proof on Applicant
The burden of proving that the proposed substantial development is consistent with the
criteria which must be met before a permit is granted shall be on the applicant.
2.02.05 Conditional Approval
Should the Development Services Division Director or his/her designee find that any
application does not substantially comply with criteria imposed by the Master Program
and the Shoreline Management Act of 1971, he may deny such application or attach any
terms or condition which he deems suitable and reasonable to effect the purpose and
objective of this Master Program.
2.02.06 Substantial Develoqment Permit Appeals
The Planning/Building/Public Works Department shall have the final authority to interpret
this Master Program for the City of Renton. Where an application is denied or changed,
per 2.02.05, an applicant may appeal the decision denying or changing a "substantial
development permit" to the Shorelines Hearings Board for an open record appeal in
accordance with Chapter 4-36 of the Renton Municipal Code. See Section 2.10 for
appeal procedures to the Shoreline Hearings Board.
2.02.07 Notification of Citv Departments
It shall be the duty of the Development Services Division to timely furnish copies of all
applications and actions taken by said Division unto such other officials or departments
whose jurisdiction may extend to all or any part of the proposed development.
2.02.08 Bonds
The Development Services Division may require the applicant to post a bond in favor of
the City of Renton to assure full compliance with any terms and conditions imposed by
said department on any shoreline permit. Said bond shall be in an amount to reasonably
assure the City that any deferred improvement will be carried out within the time
stipulated.
2.03 EXEMPTIONS
2.03.01 Exemptions from Permit Svstem
The following shall not be considered substantial developments for the purpose of this
Master Program:
A. Any project with a certification from the governor pursuant to Chapter 80.50 RCW.
B. Any development of which the total cost or fair market value does not exceed
$2,500, if such development does not materially interfere with the normal public
use of the water or shorelines of the State.
Ord. 4716, 4-13-98 6
C. Normal maintenance or repair of existing structures or developments, including
damage by accident, fire or elements.
1. "Normal maintenance" includes those usual acts to prevent a decline,
lapse, or cessation from a lawfully established condition.
2. "Normal repair" means to restore a development to a state
comparable to its original condition, including but not limited to its size,
shape, configuration, location and external appearance, within a
reasonable period after decay or partial destruction, except where
repair causes substantial adverse effects to the shoreline resource or
environment.
3. Replacement of a structure or development may be authorized as
repair where such replacement is the common method of repair for the
type of structure or development and the replacement structure or
development is comparable to the original structure or development
including, but not limited to, its size, shape, configuration, location and
external appearance and the replacement does not cause substantial
adverse effects to shoreline resources or environment.
D. Construction of the normal protective bulkhead common to single-family
residences. A "normal protective" bulkhead includes those structural and
nonstructural developments installed at or near, and parallel to, the ordinary high
water mark for the sole purpose of protecting an existing single family residence
and appurtenant structures from loss or damage by erosion. A normal protective
bulkhead is not exempt if it is constructed for the purpose of creating additional
dry land. Additional construction requirements are found in WAC 173-27-
040(2)(c).
E. Emergency construction necessary to protect property from damage by the
elements.
1. An "emergency" is an unanticipated and imminent threat to public
health, safety, or the environment which requires immediate action
within a time too short to allow for full compliance with this Program.
2. Emergency construction does not include development of new
permanent protective structures where none previously existed. Where
new protective structures are deemed to be the appropriate means to
address the emergency situation, upon abatement of the emergency
situation, the new structure shall be removed or any permit which would
have been required, absent an emergency, pursuant to chapter 90.58
RCW, chapter 17-27 WAC or this Shoreline Program shall be obtained.
3. All emergency construction shall be consistent with the policies of
chapter 90.58 RCW and this Program.
4. In general, flooding or other seasonal events that can be anticipated
and may occur, but that are not imminent are not an emergency.
F. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on shorelands,
and the construction and maintenance of irrigation structures, including, but not
limited to head gates, pumping facilities, and irrigation channels. A feedlot of any
size, all processing plants, other activities of a commercial nature, alteration of the
contour of the shorelands by leveling or filling, other than that which results from
normal cultivation, shall not be considered normal or necessary farming or
ranching activities. A feedlot shall be an enclosure or facility used or capable of
Ord. 4716, 4-13-98 7
being used for feeding livestock hay, grain, silage, or other livestock feed, but
shall not include land for growing crops or vegetation for livestock feeding and/or
grazing, nor shall it include normal livestock wintering operations.
G. Construction on shorelands by an owner, lessee or contract purchaser of a single-
family residence for his own use or for the use of his family, which residence does
not exceed a height of thirty-five (35) feet above average grade level and which
meets all requirements of the State agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to this chapter.
1. "Single family" residence means a detached dwelling designed for and
occupied by one family including those structures and developments
within a contiguous ownership which are a normal appurtenance. An
"appurtenance" is necessarily connected to the use and enjoyment of
a single-family residence and is located tandward of the ordinary high
water mark and the perimeter of a wetland.
2. Construction authorized under this exemption shall be located
landward of the ordinary high water mark.
I. Construction of a dock, including a community dock, designed for pleasure craft
only, for the private non-commercial use of the owner, lessee, or contract
purchaser of single and multiple family residences.
1. This exception applies if either:
a. In salt waters, the fair market value of the dock does not exceed
$2,500.
b. In fresh waters, the fair market value of the dock does not
exceed $10,000; however, if subsequent construction having a
fair market value exceeding $2,500 occurs within five years of
completion of the prior construction, the subsequent
construction shall be considered a substantial development
permit.
2. A dock is a landing and moorage facility for watercraft and does not
include recreational decks, storage facilities or other appurtenances.
J. Construction or modification, by or under the authority of the Coast Guard or a
designated port management authority, of navigational aids such as channel
markers and anchor buoys.
K. Operation, maintenance, or construction of canals, waterways, drains, reservoirs,
or other facilities that now exist or are hereafter created or developed as part of an
irrigation system for the primary purpose of making use of system waters,
including return flow and artificially stored ground water for the irrigation of lands.
L. The marking of property lines or corners on state owned lands when such marking
does not interfere with the normal public use of the surface of the water.
M. Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8, 1975, which were created, developed, or
utilized primarily as a part of an agricultural drainage or diking system.
N. Site exploration and investigation activities that are prerequisites to preparation of
an application for development authorization under this program, if:
1. The activity does not interfere with the normal public use of the surface
Ord. 4716, 4-13-98 8
waters.
2. The activity will have no significant adverse impact on the environment
including, but not limited to, fish, wildlife, fish or wildlife habitat, water
quality, and aesthetic values.
3. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the
site are restored to conditions existing before the activity;
4. A private entity seeking development authorization under this program
first posts a pertormance bond or provides other evidence of financial
responsibility to the Development Services Division to ensure that the
site is restored to preexisting conditions.
5. The activity is not subject to the permit requirements of RCW
90.58.550.
O. The process of removing or controlling an aquatic noxious weed as defined in
RCW 17.26.020, through the use of a herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental impact
statement published by the Department of Agriculture or the Department of
Ecology jointly with other state agencies under chapter 43.21 C RCW.
P. Watershed restoration projects as defined below:
1. "Watershed restoration project" means a public or private project
authorized by the sponsor of a watershed restoration plan that
implements the plan or a part of the plan and consists of one or more
of the following activities:
a. A project that involves less than ten miles of streamreach, in
which less than twenty-five cubic yards of sand, gravel, or soil is
removed, imported, disturbed or discharged, and in which no
existing vegetation is removed except as minimally necessary to
facilitate additional plantings.
b. A project for the restoration of an eroded or unstable stream
bank that employs the principles of bioengineering, including
limited use of rock as a stabilization only at the toe of the bank,
and with primary emphasis on using native vegetation to control
the erosive forces of flowing water.
c. A project primarily designed to improve fish and wildlife habitat,
remove or reduce impediments to migration of fish, or enhance
the fishery resource available for use by all of the citizens of the
state, provided that any structure, other than a bridge or culvert
or instream habitat enhancement structure associated with the
project, is less than two hundred square feet in floor area and is
located above the ordinary high water mark of the stream.
2. "Watershed restoration plan" means a plan, developed or sponsored
by a State department, a federally recognized Indian Tribe, a city, a
county or a conservation district, for which agency and public review
has been conducted pursuant to Chapter 43.21C RCW, the State
Environmental Policy Act. The watershed restoration plan generally
contains a general program and implementation measures or actions
for the preservation, restoration, re-creation, or enhancement of the
natural resources, character, and ecology of a stream, stream
segment, drainage area, or watershed.
Ord. 4716, 4-13-98 9
Q. A public or private project, the primary purpose of which is to improve fish or
wildlife habitat or fish passage, when all of the following apply:
1. The project has been approved in writing by the Department of Fish
and Wildlife as necessary for the improvement of the habitat or
passage and appropriately designed and sited to accomplish the
intended purpose.
2. The project has received hydraulic project approval by the
Department of Fish and Wildlife pursuant to chapter 75.20 RCW.
3. The Development Services Division has determined that the project
is consistent with this Master Program.
R. Hazardous substance remedial actions pursuant to WAC 173-27-040(3).
2.03.02 Exemption Certificate Procedures
A. Any person claiming exemption from the permit requirements of this Master
Program as a result of the exemptions specified in this Section, shall make
application for a no-fee exemption certificate to the Development Services Division
in the manner prescribed by that division.
B. Any development which occurs within the regulated shorelines of the State under
Renton's jurisdiction, whether it requires a permit or not, must be consistent with
the intent of the State law.
C. The City may attach conditions to the approval of exempted developments and/or
uses as necessary to assure consistency of the project with the Shoreline
Management Act and this Program.
D. If any part of a proposed development is not eligible for exemption, then a
shoreline permit is required for the entire proposed development project.
2.04 REVIEW OF APPLICATION
2.04.01 Review Criteria
The Development Services Division shall review an application for a permit based on the
following:
A. The application.
B. The environmental impact statement, if one is required.
C. Written comments from interested persons.
D. Information and comments from other City departments affected.
E. Independent study by the Development Services Division.
2.04.02 Additionallnformation
The Development Services Division may require an applicant to furnish information and
data in addition to that contained or required in the application forms prescribed. Unless
Ord. 4716, 4-13-98 10
an adequate environmental statement has previously been prepared for the proposed
development by another agency, the City's Environmental Review Committee shall cause
to be prepared such a statement, prior to granting a permit, when the State
Environmental Policy Act of 1971, would require such a statement.
2.04.03 Procedural Amendments
In addition to the criteria herein above set forth in this Section, the
Planning/Building/Public Works Department may from time-to-time promulgate additional
procedures or criteria and such shall become effective, when reduced to writing, and filed
with the City Clerk and as approved by the City Council and the Department of Ecology.
2.05 TIME REQUIREMENTS FOR SHORELINE PERMITS
2.05.01 Applicabilitv and Modification at Time of Approval
A. The time requirements of Section 2.05 shall apply to all substantial development
permits and to any development authorized pursuant to a variance or conditional
use permit authorized under this Program.
B. If it is determined that standard time requirements of Sections 2.05.02 and 2.05.03
should not be applied, the Development Services Division shall adopt appropriate
time limits as a part of action on a substantial development permit upon a finding
of good cause, based on the requirements and circumstances of the project
proposed and consistent with the policy and provisions of this Master Program and
RCW 90.58.143. If it is determined that standard time requirements of Sections
2.05.02 and 2.05.03 should not be applied, the Hearing Examiner, upon a finding
of good cause and with the approval of the Department of Ecology, shall establish
appropriate time limits as a part of action on a conditional use or variance permit.
"Good cause" means that the time limits established are reasonably related to
the time actually necessary to perform the development on the ground and
complete the project that is being permitted.
C. Where specific provisions are not included to establish time limits on a permit as
part of action on a permit by the City or the Department of Ecology, the time limits
in Sections 2.05.02 and 2.05.03 apply.
D. Requests for permit extension shall be made in accordance with Sections 2.05.02
and 2.05.03 below.
2.05.02 Construction Commencement
A. Unless a different time period is specified in the shoreline permit as authorized by
RCW 90.58.143 and section 2.05.01 above, construction activities, or a use or
activity, for which a permit has been granted pursuant to this Master Program
must be commenced within finro (2) years of the effective date of a shoreline
permit, or the shoreline permit shall terminate, and a new permit shall be
necessary. However, the Development Services Division may authorize a single
extension for a period not to exceed one year based on reasonable factors, if a
request for extension has been filed with the Division before the expiration date,
and notice of the proposed extension is given to parties of record and the
Department of Ecology.
Ord. 4716, 4-13-98 11
B. Construction activities or commencement of construction referenced in subsection
A means that construction applications must be submitted, permits must be
issued, and foundation inspections must be completed before the end of the finro
year period.
2.05.03 Construction Completion
A permit authorizing construction shall extend for a term of no more than five (5) years
after the effective date of a shoreline permit, unless a longer period has been specified
pursuant to RCW 90.58.143 and Section 2.05.01 above. If an applicant files a request
for an extension prior to expiration of the shoreline permit the Development Services
Division shall review the permit and upon a showing of good cause, may authorize a
single extension of the shoreline permit for a period of up to one (1) year. Otherwise said
permit shall terminate. Notice of the proposed permit extension shall be given to parties
of record and the Department of Ecology. To maintain the validity of a shoreline permit, it
is the applicanYs responsibility to maintain valid construction permits in accordance with
adopted Building Codes.
2.05.04 Effective Date
A. For purposes of determining the life of a shoreline permit, the effective date of
a substantial development permit, shoreline conditional use permit, or
shoreline variance permit shall be the date of filing as provided in RCW
90.58.140(6). The permit time periods in Sections 2.05.02 and 2.05.03 do not
include the time during which a use or activity was not actually pursued due to
the pendency of administrative appeals or legal actions, or due to the need to
obtain any other government permits and approvals for the development that
authorize the development to proceed, including all reasonably related
administrative or legal actions on any such permits or approvals.
B. It is the responsibility of the applicant to inform the Development Services
Division of the pendency of other permit applications filed with agencies other
than the City, and of any related administrative or legal actions on any permit
or approval. If no notice of the pendency of other permits or approvals is given
to the Division prior to the expiration date established by the shoreline permit
or the provisions of this section, the expiration of a permit shall be based on
the effective date of the shoreline permit.
C. The City shall issue permits within applicable time limits specified in the
Renton Regulatory Reform Ordinance, Chapter 4-36 of the Renton Municipal
Code. Substantial development permits for a limited utility extension as
defined in RCW 90.58.140(11)(b), or for the construction of a bulkhead or
other measures to protect a single family residence and its appurtenant
structures from shoreline erosion shall be issued within finrenty-one (21) days
of the last day of the comment period specified in Section 2.02.02.
2.05.05 Review Period - Construction Authorization
A. No construction pursuant to such permit shall begin or be authorized and no
building, grading or other construction permits or use permits shall be issued
by the City until twenty-one (21) days from the date the permit was filed with
the Department of Ecology and the Attorney General, or until all review
Ord. 4716, 4-13-98 12
proceedings are completed as were initiated within the twenty-one (21) days of
the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and
WAC 173-27-130.
B. If the granting of a shoreline permit by the City is appealed to the Shorelines
Hearing Board, and the Shoreline Hearings Board has approved the granting
of the permit, and an appeal for judicial review of the Shorelines Hearings
Board decision is filed, construction authorization may occur subject to the
conditions, time periods, and other provisions of RCW 90.58.140(5)(b).
2.05.06 Transferabilitv of Permit
If a parcel which has a valid shoreline permit is sold to another person or firm, such permit
may be transferred to the new owner.
2.06 RULINGS TO STATE
Any ruling on an application for a substantial development permit under authority of this
Master Program, whether it is an approval or denial, shall, with the transmittal of the ruling
to the applicant, be filed concurrently with the Department of Ecology and the Attorney
General by the Development Services Division. Filing shall occur in accordance with
RCW 90.58.140(6) and WAC 173-27-130.
2.07 ENFORCEMENT
All provisions of this Master Program shall be enforced by the Development Services
Division. For such purposes, the Director or his duly authorized representative shall have
the power of a police officer.
2.08 RESCISSION OF PERMITS
2.08.01 Non-compliance with Permit
Any shoreline permit issued under the terms of this Master Program may be rescinded or
suspended by the Development Services Division of the City upon a finding that a
permittee has not complied with conditions of the permit.
2.08.02 Notice of Non-compliance
Such rescission and/or modification of an issued permit shall be initiated by serving
written notice of non-compliance on the permittee, which notice shall be sent by
registered or certified mail, return receipt requested, to the address listed on the
application or to such other address as the applicant or permittee may have advised the
City; or such notice may be served on the applicant or permittee in person or his agent in
the same manner as service of summons as provided by law.
2.08.03 Postinq
In addition to such notice, the Development Services Division shall cause to have notice
posted in three (3) public places of which one (1) posting shall be at or within the area
described in the permit.
Ord. 4716, 4-13-98 13
2.08.04 Public Hearinq
Before any such permit can be rescinded, a public hearing shall be held by the Land Use
Hearing Examiner. Notice of the public hearing shall be made in accordance with Section
4-36-8(D) of the Renton Municipal Code.
2.08.05 Final Decision
The decision of the Land Use Hearing Examiner shall be the final decision of the City on
all rescinded applications. A written decision shall be transmitted to the Department of
Ecology, the Attorney General's office, the applicant, and such other departments or
boards of the City as are affected thereby and the legislative body of the City.
2.09 APPEALS
2.09.01 Shorelines Hearinq Board
Any person aggrieved by the granting or denying of a substantial development permit, a
conditional use permit and/or a variance on shorelines of the State which are regulated by
the City, or by the rescinding of a permit pursuant to the provisions of this Master
Program, may seek review from the State of Washington Shorelines Hearing Board.
2.09.02 Filin
Appeals are made by filing a request with the Shorelines Hearings Board for the same
within twenty-one (21) days of the date the shoreline permit was filed. Within seven (7)
days of filing a petition for review with the Board, the petitioner shall serve copies of such
request with the Department of Ecology and the Attorney General's office as provided in
RCW 90.58.180. A copy of any such appeal notice shall likewise be filed with the
Development Services Division and the City Clerk of the City of Renton.
2.09.03 Limited Utility Extensions and Protective Bulkheads -Appeals
Appeals of substantial development permits, for a limited utility extension as defined in
RCW 90.58.140(11) or for the construction of a bulkhead or other measures to protect a
single family residence and its appurtenant structures from shoreline erosion, shall be
finally determined by the legislative authority within thirty days.
2.10 PENALTIES
2.10.01 Prosecution
Every person violating any of the provisions of this Master Program or the Shoreline
Management Act of 1971, shall be punishable under conviction by a fine not exceeding
one thousand ($1,000) dollars, or by imprisonment not exceeding ninety (90) days, or by
both such fine and imprisonment, and each day's violation shall constitute a separate
punishable offense.
2.10.02 Iniunction
The City Attorney may bring such injunctive, declaratory or other actions as are necessary
to insure that no uses are made of the shorelines of the State under the City's jurisdiction
which are in conflict with the provisions and programs of this Master Program or the
Ord. 4716, 4-13-98 14
Shoreline Management Act of 1971, and to otherwise enforce provisions of this
Ordinance and the Shoreline Management Act of 1971.
2.10.03 Public and Private Redress
Any person subject to the regulatory program of this Master Program who violates any
provision of this Master Program or the provisions of a permit issued pursuant thereto
shall be liable for all damages to public or private property arising from such violation,
including the cost of restoring the affected area to its condition prior to such violation.
The City Attorney may bring suit for damages under this subsection on behalf of the City.
Private persons shall have the right to bring suit for damages under this subsection on
their own behalf and on behalf of all persons similarly situated. If liability has been
established for the cost of restoring an area affected by violation, the Court shall make
provision to assure that restoration will be accomplished within a reasonable time at the
expense of the violator. In addition to such relief, including monetary damages, the Court
in its discretion may award attorney's fees and costs of the suit to the prevailing party.
2.11 AMENDMENTS
The City shall review this Master Program every four (4) years hereafter, or sooner if
necessary. Any amendments to this Master Program shall be reviewed first by the
Planning Commission, which shall conduct one (1) public hearing on the proposed
amendment. The Planning Commission shall make a recommendation to the City
Council, which may hold one (1) public hearing before making a determination. Any
proposed amendment shall be submitted to the Department of Ecology for approval in
accordance with the Shoreline Management Act of 1971.
Ord. 4716, 4-13-98 15
SECTION 3 - REGULATED SHORELINES
3.01 Approximately 18 miles of shoreline in the City of Renton are under the jurisdiction of the
Shoreline Management Act of 1971. By State standards, the Green River and Lake
Washington are classified as Shorelines of State-wide Significance, and comprise
approximately 5.8 miles of the shorelines of the State regulated by City of Renton. In
addition, the shorelines of the Cedar River, Black River, Springbrook Creek, and May
Creek are shorelines within the City. These 18 miles of shoreline in the City of Renton
are considered an extremely valuable resource not only to the City of Renton, but also to
the State Metropolitan Area of which Renton is an integral part.
3.02 Each shoreline has its own unique qualities which makes it valuable, particularly
Shorelines of Statewide Significance, which in Renton include Lake Washington and the
Green River. Preference is, therefore, given to the following uses in descending order of
priority (as established by Chapter 90.58.020 RCV1n for Shorelines of Statewide
Significance:
1. Recognize and protect the state-wide interest over local interest for shorelines of
state-wide significance.
2. Preserve the natural character of the shorelines.
3. Result in long-term over short-term benefits.
4. Protect the resources and ecology of the shorelines.
5. Increase public access to publicly owned areas of the shorelines.
6. Increase recreational opportunities for the public in the shoreline.
3.03 In the City of Renton, the following bodies of water are regulated by the Act:
1. Cedar River.
2. Green River.
3. Lake Washington.
4. May Creek from the intersection of May Creek and N.E. 31st Street in the
southeast quarter of the southeast quarter of Section 32-24-5E WM downstream
in a northeasterly direction to its mouth at Lake Washington.
5. Springbrook Creek from the Black River on the north to S.W. 43rd Street on the
south.
6. Black River.
The above information is illustrated in Figure 3-1.
3.04 The Jurisdiction of this Master Program includes shorelines of the State as defined in
Section 9.
Ord. 4716, 4-13-98 16
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SECTION 4. GOALS AND POLICIES
4.01 SHORELINE USES AND ACTIVITIES ELEMENT
4.01.01 Goals:
A. Shorelines of the State regulated by the City are to be planned and coordinated to
afford best use of the limited water resource.
B. Shorelines of the State regulated by the City are to provide natural amenities
within an urban environment.
4.01.02 Policies:
A. Reasonable and appropriate shoreline uses and activities should be planned for:
1. Short-term economic gain or convenience in development should be
evaluated in relationship to potential long-term effects on the shoreline.
2. Preference should be given to those uses or activities which enhance the
natural amenities of the shorelines and which depend on a shorelines
location or provide public access to the shorelines.
3. Planning, zoning, capital improvements and other policy and regulatory
standards should not increase the density or intensity of shoreline uses or
activities except on a demonstrated need considering the shorelines and
then only in accordance with the policies contained herein.
4. Plans should be developed for shorelines particularly suited for water-
dependent uses or activities.
5. Multiple use of shorelines should be planned where location and
integration of compatible uses or activities are feasible.
6. Aesthetic considerations should be encouraged when contemplating new
development, extensive redevelopment of existing facilities or for general
enhancement of shoreline areas.
7. Shoreline uses and activities should be discouraged if they are
objectionable due to noise or odor or if they create offensive or unsafe
conditions in relation to reasonable and appropriate uses and activities.
B. Those shoreline uses or activities which are not water-oriented should be
encouraged to relocate away from the shoreline.
C. All shoreline developments shall be designed and constructed to protect the rights
and privacy of adjacent property owners.
4.02 CONSERVATION ELEMENT
4.02.01 Goal:
The resources and amenities of all shorelines situated in the City of Renton are to be
protected and preserved for use and enjoyment by present and future generations.
4.02.02 Policies:
A. Existing natural resources should be conserved.
1. Water quality and water flow should be maintained at a level to permit
Ord. 4716, 4-13-98 17
recreational use, to provide a suitable habitat for desirable forms of aquatic
life, and to satisfy other required human needs.
2. Aquatic habitats and spawning grounds should be protected, improved
and, if feasible, increased.
3. Wildlife habitats should be protected, improved and, if feasible, increased.
4. Unique natural areas should be designated and maintained as open space
for passive forms of recreation. Access and use should be restricted, if
necessary, for the conservation of these areas.
B. Existing and future activities on all shorelines of the State regulated by the City of
Renton should be designed to minimize adverse effects on the environment.
C. The City of Renton should take aggressive action with responsible governmental
agencies to assure that discharges from all drainage basins are considered an
integral part of shoreline planning.
1. Soil erosion and sedimentation which adversely affect any shoreline within
the City of Renton will be prevented or controlled.
2. The contamination of existing water courses will be prevented or
controlled.
D. Shoreline areas having historical, cultural, educational or scientific value should be
identified and protected.
1. Public and private cooperation should be encouraged in site preservation
and protection.
2. Suspected or newly discovered sites should be kept free from intrusions for
a reasonable time until their value is determined.
E. Festivals and temporary uses involving public interest and not substantially or
permanently impairing water quality, water flow or unique and fragile areas may be
permitted per Chapter 5-21 of the Renton Municipal Code.
F. All further development of the shorelines of May Creek east of FAI-405 right-of-
way, and that portion of Springbrook Creek beginning from approximately SW
27th Street on the north to SW 31 st Street on the south, abutting City-owned
wetlands in this area, and for that portion of the west side of the Creek in the
vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation
Bank should be compatible with the existing natural state of the shoreline.
1. Low density development should be encouraged to the extent that such
development would permit and provide for the continuation of the existing
natural character of the shoreline.
2. The existing waterway of May Creek east of FAI-405 right-of-way, and that
portion of Springbrook Creek beginning from approximately SW 27th
Street on the north to SW 31 st Street on the south, abutting City-owned
wetlands in this area, and for that portion of the west side of the Creek in
the vicinity of SW 38th Street abutting the City's recently acquired
Wetlands Mitigation Bank should be left in an undeveloped natural state as
much as possible.
Ord. 4716, 4-13-98 18
4.03 ECONOMIC ELEMENT
4.03.01 Goal:
Existing economic uses and activities on the shorelines are to be recognized and
economic uses or activities that are water-oriented are to be encouraged.
4.03.02 Policies:
A. Economic uses and activities which are not water-oriented should be discouraged.
In those instances where such uses or activities are permitted, public access to
and along the water's edge should be provided.
B. Future economic uses and activities should utilize the shoreline in an efficient
manner.
1. Economic uses and activities should locate the water-oriented portion of
their development along the shoreline and place inland all facilities which
do not require a water's edge location.
2. The length, width, and height of over-water structures should be limited to
the smallest reasonable dimensions.
3. Shoreline developments should be designed to enhance the scenic view.
C. Multiple use of economic developments on the shoreline should be encouraged to
provide public recreational opportunities wherever feasible.
D. Shoreline facilities for the moorage and servicing of boats and other vessels
should be prohibited in single family zoned areas wherever feasible.
1. Commercial dockings and marinas shall meet all health standards.
2. Marinas and other economic activities shall be required to contain and
clean up spills or discharges of pollutants associated with boating
activities.
E. The expansion of log raft storage on Lake Washington should be discouraged.
F. Containment or mitigation of pollutants shall be required of all economic activities
on the shoreline by property owner and/or operator.
4.04 PUBLIC ACCESS ELEMENT
4.04.01 Goal:
Increase public accessibility to shorelines, and preserve and improve the natural
amenities.
4.04.02 Policies:
A. Public access should recognize and be consistent with legal property rights of the
owner.
B. Just compensation shall be provided to property owners for land acquired for
public use.
C. Public access to and along the water's edge should be consistent with public
Ord. 4716, 4-13-98 19
safety and preservation/conservation of the natural amenities.
D. Public access to and along the water's edge should be available throughout
publicly owned shoreline areas.
E. Public access from public streets shall be made available over public property or
by easement.
F. Future multi-family, planned unit developments, subdivisions, commercial and
industrial developments shall be encouraged to provide public access along the
water's edge.
G. Private access to the publicly owned shoreline corridor shall not be denied to
owners of property contiguous to said corridor.
H. When making extensive modifications or extensions to existing structures, multi-
family, planned unit development, subdivision, commercial and industrial
developers should be encouraged to provide for public access to and along the
water's edge if physically feasible.
I. High-rise structures in the shoreline jurisdiction generally should not be permitted,
but could be permitted in the shoreline jurisdiction if:
1. Views of the shoreline would not be substantially obstructed due to
topographic conditions, and
2. Some overriding considerations of the public interest would be served.
Shoreline low-rise development should provide substantial grade level views of the
water from public shoreline roads running generally parallel to the water's edge.
J. Both passive and active public areas shall be designed and provided.
K. In order to encourage public use of the shoreline corridor, public parking shall be
provided at frequent locations.
L. Preservation or improvement of the natural amenities shall be a basic
consideration in the design of shoreline areas to which public access is provided,
including the trail system.
M. In planning for public access, emphasis should be placed on foot and bicycle
paths rather than roads, except in areas where public boat launching would be
desirable.
4.05 RECREATION ELEMENT
4.05.01 Goal:
Water-oriented recreational activities available to the public are to be encouraged.
4.05.02 Policies:
A. Water-oriented recreational activities should be encouraged.
1. Accessibility to the water's edge should be improved.
2. Shoreline park areas should be increased in size and number.
3. Areas for specialized recreation should be developed.
Ord. 4716, 4-13-98 20
4. Both passive and active recreational areas shall be provided.
B. Recreational fishing should be supported, maintained and increased.
C. Public agencies should be encouraged to buy shoreland, as it becomes available
for sale, based upon an established plan declaring public intent.
D. Local jurisdictions should join in a cooperative effort to expand recreational
opportunities through programs of acquisition, development, and maintenance of
waterfront areas.
E. Subject to state and federal regulations, the water's depth may be changed to
foster recreational aspects.
4.06 CIRCULATION ELEMENT
4.06.01 Goal:
Minimize motor vehicular traffic and encourage pedestrian traffic within the shorelines.
4.06.02 Policies:
A. Shoreline roadways should be scenic boulevards where possible.
B. Public transportation should be encouraged to facilitate access to shoreline
recreation areas.
C. Pedestrian and bicycle pathways, including provisions for maintenance, operation
and security, should be developed.
1. Access points to and along the shoreline should be linked by pedestrian
and bicycle pathways.
2. Separate pedestrian and bicycle pathways should be included in new or
expanded bridges or scenic boulevards within the shorelines.
3. Separate pedestrian and bicycle pathways should be included in publicly
financed transportation systems or rights-of-way, consistent with public
interest and safety.
D. Commercial boating operations, other than marinas, should be discouraged, but if
permitted, should be limited to commercial and industrial areas.
4.07 RESIDENTIAL ELEMENT
4.07.01 Goal:
Existing residential uses are to be recognized, but future residential development should
optimize regulated public access to and along the shorelines consistent with legal
property rights of the owner.
4.07.02 Policies:
A. Residential uses over water shall not be permitted.
B. Residential development should not be constructed in unique and fragile areas.
Ord. 4716, 4-13-98 21
C. New residential developments along or impinging upon the shoreline should be
permitted only where sanitary sewer facilities are available.
D. Future shoreline subdivision and planned unit developments (P.U.D.) should
provide regulated public access to andlor along the water's edge.
E. New residential developments should optimize utilization of open space areas.
F. All further development on the shorelines of May Creek east of FAI-405 right-of-
way and that portion of Springbrook Creek beginning from approximately SW 27th
Street on the north to SW 31 st Street on the south, abutting City-owned wetlands
in this area, and for that portion of the west side of the Creek in the vicinity of SW
38th Street abutting the City's recently acquired Wetlands Mitigation Bank should
be compatible with the existing natural state of the shoreline.
1. Low density development should be encouraged to the extent that such
development would permit and provide for the continuation of the existing
natural character of the shoreline.
2. The existing waterway of May Creek east of FAI-405 right-of-way and that
portion of Springbrook Creek beginning from approximately SW 27th
Street on the north to SW 31 st Street on the south, abutting City-owned
wetlands in this area, and for that portion of the west side of the Creek in
the vicinity of SW 38th Street abutting the City's recently acquired
Wetlands Mitigation Bank should be left in an undeveloped state as much
as possible.
Ord. 4716, 4-13-98 22
SECTION 5. ENVIRONMENTS
5.01 THREE ENVIRONMENTS
Three environments, Natural, Conservancy, and Urban, shall be designated to provide a
uniform basis to apply policies and use regulations within distinctively different shoreline
areas. The environmental designation to be given any specific area shall be based on
the existing development pattern, the biophysical capabilities and limitations of the area
being considered for development and the goals and aspirations of local citizenry.
Shorelines have been categorized according to the natural characteristics and use
regulations have been designated herein.
5.02 NATURAL ENVIRONMENT
5.02.01 Desianation of the Natural Environment:
A. Obiective: The objective in designating a Natural environment is to protect and
preserve unique and fragile shoreline or wetland environments in their natural
state. The Natural environment is intended to provide areas of wildlife sanctuary
and habitat preservation.
B. Areas to be Desianated as a Natural Environment:
1. Areas that are unique or fragile.
2. Floodways areas.
C. Acceptable Activities and Uses: The only human activity that is acceptable is for
floodway drainage or storage. All other human activities including recreation are
considered inappropriate.
5.02.02 Desianation of the Natural Areas:
The City of Renton recognizes that preservation of Natural shoreline areas can only be
assured through public acquisition. Therefore, where private development is proposed in
areas so designated, the City shall require dedication as necessary for flood storage.
5.02.03 Jurisdiction:
That portion of the north bank of the Black River lying west of its confluence with
Springbrook Creek, shall be designated Natural (see figure 5-1).
5.03 CONSERVANCY ENVIRONMENT
5.03.01 Desictnation of the Conservancv Environment:
A. Obiective: The objective in designating a Conservancy environment is to protect,
conserve, and manage existing areas with irreplaceable natural or aesthetic
features in essentially their native state, while providing for limited use of the area.
The Conservancy environment is intended to provide a pleasant break in the
surrounding urban community. This environment shall seek to satisfy a portion of
the present and future needs of Renton.
Ord. 4716, 4-13-98 23
B. Areas to be Desianated as a Conservancv Environment:
1. Areas of high scenic value.
2. Valuable areas for wildlife habitat.
3. Hazardous slope areas.
4. Flood-prone areas.
5. Areas which cannot provide adequate utilities for intense development.
6. Areas with unique or fragile features.
C. Acceptable Activities and Uses: Activities and uses considered to be acceptable
in a Conservancy environment are those of a nonconsumptive nature which do not
degrade the existing character of the area. Uses that are to be predominant in a
Conservancy environment are low density residential, passive agricultural uses
such as pasture or range lands, and passive outdoor recreation.
5.03.02 Use Reaulations in the Conservancv Environment:
A. Commercial Uses: Commercial uses shall be limited to home occupations, which
shall be contained wholly within the dwelling unit.
B. Fish and Game Reserve and Breedinq Operations: Any such activity shall be
allowed only by the Land Use Hearing Examiner.
C. Industrial Uses: All industrial activities are prohibited in a Conservancy
environment.
D. Recreation Use: In the Conservancy environment, recreation uses shall be limited
to passive recreation.
1. Permitted Uses:
(a) Public hiking and bicycle trails.
(b) Non-motorized public fishing.
(c) Public wading and swimming spots.
(d) Public areas for nature study.
(e) Public picnic areas.
2. Uses Allowed bv Hearinq Examiner:
(a) Public overnight camping areas.
E. Residential Uses:
1. Permitted Uses: Low-density single family residences.
2. Prohibited Uses: Multi-family residences of two (2) units or more.
F. Utilities:
1. Local Service Utilities: The necessary local service utilities shall be
permitted for approved activities and uses within the Conservancy
environment and shall be underground per City code requirements.
2. Maior Utilities: Major utilities may be allowed only by approval of the Land
Use Hearing Examiner and only if they cross the conservancy area in the
shortest feasible route.
G. Roads: Necessary roads are permitted subject to the standards of Section 7.15 of
this Program.
Ord. 4716, 4-13-98 24
5.03.03 Jurisdiction
That portion of May Creek east of FAI-405 right-of-way and that portion of the south bank
of the Cedar River, 2,500 feet east of FAI-405 right-of-way, and that portion of
Springbrook Creek beginning from approximately SW 27tn Street on the north to SW 31 st
Street on the south, abutting City-owned wetlands in this area, and for that portion of the
west side of the Creek in the vicinity of SW 38th Street abutting the City's recently
acquired Wetlands Mitigation Bank shall be designated conservancy (see figure 5-1, and
Appendix A - Springbrook Creek).
5.04 URBAN ENVIRONMENT
5.04.01 Desiqnation of the Urban Environment:
A. Obiective: The objective of the Urban environment is to ensure optimum utilization
of shorelines within urbanized areas by providing for public use, especially access
to and along the water's edge and by managing development so that it enhances
and maintains shorelines for a multiplicity of viable and necessary urban uses.
B. Hiqh-intensity Land Uses: The Urban environment is an area of high-intensity
land use including residential, commercial, and industrial development. The
environment does not necessarily include all shorelines within an incorporated
city, but is particularly suitable to those areas presently subjected to extremely
intensive use pressure, as well as areas planned to accommodate intensive urban
expansion. On certain shorelines planned for future urban expansion, there
should be timitations based on the physical aspects of the site.
C. Water-Oriented Activities: Because shorelines suitable for urban uses are a
limited resource, emphasis shall be given to development within already
developed areas and particularly to water-oriented industrial and commercial uses.
D. Public Access: In this Master Program, priority is also given to planning for public
visual and physical access to water in the Urban environment. Identifying needs
and planning for the acquisition of urban land for permanent public access to the
water in the Urban environment shall be accomplished through the Master
Program. To enhance waterfront and ensure maximum public use, industrial and
commercial facilities shall be designed to permit pedestrian waterfront activities
where practicable, and the various access points ought to be linked to non-
motorized transportation routes such as bicycles and hiking paths.
5.04.02 Use Requlations in the Urban Environment:
All uses shall be allowed as indicated by Section 7 of the Master Program.
5.04.03 Jurisdiction
All shorelines of the State regulated by the City which are not designated as Conservancy
or Natural are designated as Urban (see figure 5-1).
Ord. 4716, 4-13-98 25
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SECTION 6. GENERAL USE REGULATIONS
6.01 APPLICABILITY
This section shall apply to all Shoreline uses whenever applicable. Items included here
will not necessarily be repeated in Section 7, Specific Use Regulations, and shall be used
in the evaluation of all permits.
6.02 ENVIRONMENTAL EFFECTS
6.02.01 Pollution and Ecoloaical Disruption
The potential effects on water quality, water and land vegetation, water life and other wild
life (including, for example, spawning areas, migration and circulation habits, natural
habitats, and feeding), soil quality and all other environmental aspects must be
considered in the design plans for any activity or facility which may have detrimental
effects on the environment.
6.02.02 Burden on Applicant
Applicants for permits must explain the methods that will be used to abate, avoid or
otherwise control the harmful effects.
6.02.03 Erosion
Erosion is to be controlled through the use of vegetation rather than structural means
where feasible.
6.02.04 Geoloqv
Important geologicat factors - such as possible slide areas - on a site must be considered.
Whatever activity is planned under the application for the development permit must be
safe and appropriate in view of the geological factors prevailing.
6.03 USE COMPATIBILITY AND AESTHETIC EFFECTS
6.03.01 The potential impact of any of the following on adjacent, nearby, and possibly distant land
and shoreline users shall be considered in the design plans and efforts made to avoid or
minimize detrimental aspects:
A. View Obstruction: Buildings, smokestacks, machinery, fences, piers, poles, wires,
signs, lights, and other structures.
B. Communitv Disturbances: Noise, odors, night lighting, water and land traffic, and
other structures and activities.
C. Desian Theme: Architectural styles, exterior designs, landscaping patterns and
other aspects of the overall design of a site shall be a uniform or coordinated
design, planned for the purpose of visual enhancement as well as for serving a
useful purpose.
D. Visuativ Unpleasant Areas: Landscaped screening shall be used to hide from
public view any area that may impinge upon the visual quality of a site, for
Ord. 4716, 4-13-98 26
example, disposal bins, storage yards, and outdoor work areas.
E. Outdoor Activities: Work areas, storage, and other activities on a site in a
residential area shall be in enclosed buildings, as is reasonably possible, to
reduce distractions and other effects on surrounding areas. Outdoor activities of
commercial and industrial operations shall be limited to those necessary for the
operation of the enterprise. Outdoor areas shall not be used for storage of more
than minimal amounts of equipment, parts, materials, products, or other objects.
6.04 PUBLIC ACCESS
6.04.01 Where possible, space and right-of-way shall be left available on the immediate shoreline
so that trails, non-motorized bike paths, and/or other means of public use may be
developed providing greater shoreline utilization.
6.04.02 Any trail system shall be designed to avoid conflict with private residential property rights.
6.04.03 No property shall be acquired for public use without just compensation to the owner.
6.05 FACILITY ARRANGEMENT- SHORELINE ORIENTATION
6.05.01 Where feasible, shoreline developments shall locate the water-dependent, water-related
and water-enjoyment portions of their developments along the shoreline and place all
other facilities inland.
6.06 LANDSCAPING
6.06.01 General
The natural and proposed landscaping should be representative of the indigenous
character of the specific types of waterway (stream, lake edge, marshland) and shall be
compatible with the Northwest image. The scenic, aesthetic, and ecological qualities of
natural and developed shorelines should be recognized and preserved as valuable
resources.
6.07 UNIQUE AND FRAGILE AREAS
Unique features and wildlife habitats should be preserved and incorporated into the site.
Fragile areas shall be protected from development and encroachment.
Ord. 4716, 4-13-98 27
SECTION 7. SPECIFIC USE REGULATIONS
7.01 AIRPORT- SEAPLANE BASES
7.01.01 Location
A. Airports: A new airport shall not be allowed to locate within the shoreline.
However, an airport already located within a shoreline shall be permitted to
upgrade and expand its facilities provided such upgrading and expansion would
not have a detrimental effect on the shoreline.
B. Seaplane Bases:
1. Private: A single private seaplane is permitted per residence.
2. Commercial: New commercial seaplane bases may be allowed in industrial
areas provided such bases are not contiguous to residential areas.
7.01.02 Facilities
A. Airports
1. Future hangars should be set back a minimum of finrenty feet from the
ordinary high water mark of the shoreline and shall be designed and
spaced to allow viewing of airport activities from the area along the water's
edge.
2. Tie-down areas should be no closer than twenty (20) feet from the ordinary
high water mark of the shoreline for aircraft.
B. Seaplane Bases (Commercial)
1. Docks for the mooring of seaplanes are permitted. Seaplanes may be
stored on the dock or ramps.
2. Tie down areas may be provided on seaplane ramps.
7.01.03 Landscapinq
A. Landscaping shall be required around parking areas in accordance with City
ordinances.
B. The landscaping shall be compatible with the activities and characteristics of
aircraft in that it should be wind resistant, low profile, and able to survive under
adverse conditions.
7.01.04 Services
Services or aircraft shall conform to FAA standards, which include fuel, oil spill clean-up,
safety and fire fighting equipment, and vehicle and pedestrian separation.
7.02 AQUACULTURE
7.02.01 Location
A. Aquaculture operations may be located on streams and rivers, EXCEPT in Natural
and Conservancy environments, and along urban areas developed with residential
uses.
Ord. 4716, 4-13-98 28
7.02.02 Time
Facilities shall be allowed on a temqorarv basis only.
7.02.03 Desian and Construction
A. All structures over or in the water shall meet the following restrictions:
1. They shall be securely fastened to the shore.
2. They shall be designed for a minimum of interference with the natural
systems of the waterway including, for example, water flow and quality, fish
circulation, and aquatic plant life.
3. They should not prohibit or restrict other human uses of the water, such as
swimming and/or boating.
4. They shall be set back appropriate distances from other shoretine uses, if
potential conflicts exist.
7.03 BOAT-LAUNCHING RAMPS
7.03.01 Site Appropriateness and Characteristics
A. Water and Shore Characteristics
1. Water depth should be deep enough off the shore to allow use by boats.
2. Water currents and movement and normal wave action shall be suitable for
ramp activity.
B. Topoqraphv: The proposed area should not present major geological or
topographical obstacles to construction or operation of the ramp. Site adaptation
such as dredging shall be minimized.
7.03.02 Dimensions and Location
The ramp should be designed so as to allow for ease of access to the water with minimal
impact on the shoreline and water surface.
7.03.03 Surface and Construction
A. Surface Materials: The surface of the ramp may be concrete, precast concrete, or
other hard permanent substance. Loose materials, such as gravel or cinders, will
not be used. The material chosen shall be appropriate considering the following
conditions:
1. Soil characteristics
2. Erosion
3. Water currents
4. Waterfront conditions
5. Usage of the ramp
B. The material shall be permanent and non-contaminating to the water.
7.03.04 Review
Engineering design and site location approval shall be obtained from the appropriate City
Ord. 4716, 4-13-98 29
department.
7.04 BULKHEADS
7.04.01 General
All bulkheads are subject to the regulations set forth in this Master Program, except that
bulkheads common to a single family residence are exempted from the permit system set
forth in this Master Program and building code.
7.04.02 Bulkhead Permitted
A bulkhead may be permitted only when:
A. Required to protect upland areas or facilities.
B. Riprap cannot provide the necessary protection.
C. The bulkhead design has been engineered by an appropriately State licensed
professional engineer, and the design has been approved by the Renton
Department of Public Works.
7.04.03 Bulkhead and Fill
A bulkhead for the purpose of creating land by filling behind the bulkhead shall be
permitted only when the landfill has been approved. The application for a bulkhead shall
be included in the application for the landfill in this case. (See Section 7.08.01, Landfills)
7.04.04 General Desiqn Requirements
A. The burden rests upon the applicant for the permit to propose a specific type of
bulkhead design which has been engineered by an appropriately State licensed
professional engineer.
B. All approved bulkheads are to be constructed in such a manner as to minimize
damage to fish and shell fish habitat. In evaluating the application for a proposed
bulkhead, the Development Services Division shall consider the effect of the
bulkheads on public access to publicly owned shorelines. Where possible,
bulkheads are to be designed so as not to detract from the aesthetic qualities of
the shoreline.
C. Bulkheads are to be constructed in such a manner as to minimize alterations of
the natural shoreline and to minimize adverse effects on nearby beaches.
D. In cases where bulkheading is permitted, scientific information suggests a rock
riprap design is preferred. The cracks and openings in such a structure afford
suitable habitats for certain forms of aquatic life. If there is determined to be a
severe rate population, consideration must be given to construction of a solid
bulkhead to eliminate cracks and openings typical to a riprap structure.
Ord. 4716, 4-13-98 30
7.05 COMMERCIAL DEVELOPMENTS
7.05.01 Location of Develoqments
A. New commercial developments are to be encouraged to locate in those areas
where current commercial uses exist.
B. New commercial developments on Lake Washington which are neither water
dependent, nor water related, nor water enjoyment, nor which do not provide
significant public access to and along the water's edge will not be permitted upon
the shoreline.
C. Commercial developments should incorporate recreational opportunities along the
shoreline for the general public.
D. The applicant for a shoreline development permit for a new commercial
development must indicate in his application the effect which the proposed
commercial development will have upon the scenic view prevailing in the given
area. Specifically, the applicant must state in his permit what steps have been
taken in the design of the proposed commercial development to reduce to a
minimum interference with the scenic view enjoyed by any significant number of
people in the area.
7.05.02 Setback
A commercial building should be located no closer than fifty (50) feet to the ordinary high
water mark; however, the Land Use Hearing Examiner may reduce this requirement
through the variance process for good reason for those structures that allow public
access to and along the water's edge.
7.06 DREDGING
7.06.01 Definition
The removal of earth or sediment from the bottom or banks of a body of water.
7.06.02 Permitted Dredging
Dredging is to be permitted only when:
A. Dredging is necessary for flood control purposes, if a definite flood hazard would
exist unless dredging were permitted.
B. Dredging is necessary to correct problems of material distribution and water
quality, when such problems are adversely affecting aquatic life or recreational
areas.
C. Dredging is necessary to obtain additional water area so as to decrease the
intrusion into the lake of a public, private or marina dock. This type of dredging
may only be atlowed if the following conditions are met:
1. The water of the dredged area shall not be stagnant or polluted.
2. The water of the dredged area shall be capable of supporting aquatic life.
Ord. 4716, 4-13-98 31
D. Dredging may be permitted where necessary for the development and
maintenance of public shoreline parks and of private shorelines to which the public
is provided access. Dredging may be permitted where additional public access is
provided and/or where there is anticipated to be a significant improvement to fish
or wildlife habitat, provided there is no net reduction upon the surface waters of
the lake.
E. Dredging may be permitted to maintain water depth and navigability.
F. Dredging is performed pursuant to a remedial action plan approved under
authority of the Model Toxics Control Act, or pursuant to other authorization by the
Department of Ecology, U.S. Army Corps of Engineers, or other agency with
jurisdiction.
7.06.03 Prohibited Dredqinq
A. Dredging is prohibited in unique or fragile areas (see Section 9.46), except for the
purposes identified in Subparagraph .02 where appropriate Federal and/or State
authorization has been received, and any required environmental review and
mitigation is conducted.
B. Dredging solely for the purpose of obtaining fill or construction material, which
dredging is not directly related to those purposes permitted in Subparagraph .02
above, is prohibited.
7.06.04 Requlations on Permitted Dredqinq
A. All proposed dredging operations shall be planned by an appropriate State
licensed professional engineer. An approved engineering report shall be
submitted to the Renton Development Services Division as part of the application
for a shoreline permit.
B. The responsibility rests solely with the applicant to demonstrate the necessity of
the proposed dredging operation.
C. The responsibility further rests with the applicant to demonstrate that there will be
a minimal adverse effect on aquatic life and/or on recreational areas.
D. The timing of any dredging operation shall be planned so that it has minimal
impact or interference with fish migration.
E. Adjacent bank protection:
1. When dredging bottom material of a body of water, the banks shall not be
disturbed unless absolutely necessary. The responsibility rests with the
applicant to propose and carry out practices to protect the banks.
2. If it is absolutely necessary to disturb the adjacent banks for access to the
dredging area, the responsibility rests with the applicant to propose and
carry out a method of restoration of the disturbed area to a condition
minimizing erosion and siltation.
F. Adjacent properties:
1. The responsibility rests with the applicant to demonstrate a method of
eliminating or preventing conditions that may:
Ord. 4716, 4-13-98 32
a. Create a nuisance to the public or nearby activity.
b. Damage property in or near the area.
c. Cause substantial adverse effect to plant, animal, aquatic or human
life in or near the area.
d. Endanger public safety in or near the area.
G. The applicant shall demonstrate a method to control contamination and pollution
to water, air, and ground.
H. Disposal of dredged material:
1. The applicant shall demonstrate a method of disposing of all dredged
material.
2. Dredged material shall not be deposited in a lake or stream, except if the
material is approved as part of a contamination remediation project
approved by appropriate State and/or Federal agencies.
3. In no instance shall dredged material be stockpiled in a shoreland area.
4. If the dredged material is contaminant or pollutant in nature, the applicant
shall propose and carry out a method of disposal that does not
contaminate or pollute water, air, or ground.
7.07 INDUSTRIAL DEVELOPMENT
7.07.01 Industrial developments are to be permitted only when:
A. They are water-dependent, water related or they provide reasonable public access
to and along the water's edge. New industrial developments on Lake Washington
which are neither water-dependent, nor water-related shall provide significant
public access; and,
B. They minimize and cluster those water-dependent and water-related portions of
their development along the shoreline and place inland all facilities which a�e not
water dependent; and,
C. Any over-water portion is water dependent, is limited to the smallest reasonable
dimensions, and is approved by the Land Use Hearing Examiner; and,
D. They are designed in such manner as to enhance the scenic view; and,
E. It has been demonstrated in the permit application that a capability exists to
contain and clean up spills or discharges of pollutants associated with the
industrial development.
7.07.02 Industrial structures shall be set back 25 feet minimum from the ordinary high water mark.
7.08 LANDFILL
7.08.01 Landfills shall be permitted in the following cases:
A. For detached single family residential uses, when the property is located between
finro (2) existing bulkheads, the property may be filled to the line of conformity
provided the fill does not exceed one hundred twenty-five (125) feet in length
along the ordinary high water mark and thirty-five (35) feet into the water, and
provided the provisions of Section 8.02.02 through 8.02.05 are satisfactorily met;
Ord. 4716, 4-13-98 33
or,
B. When a bulkhead is built to protect the existing perimeter land, a landfill shall be
approved to bring the contour up to the desired grade; or,
C. When in a public use area, landfill would be advantageous to the general public;
or,
D. When repairs or modifications are required for existing bulkheads and fills; or,
E. When landfill is required for flood control purposes; or,
F. When landfill is part of a remedial action plan approved by the Department of
Ecology pursuant to the Model Toxics Control Act, or otherwise authorized by the
Department of Ecology, U.S. Army Corps of Engineers, or other agency with
jurisdiction.
G. Justification for landfill for any other purpose than those listed in subsections A
through F above will be allowed only with prior approval of the Land Use Hearing
Examiner.
7.09 MARINAS
7.09.01 Marinas shall be permitted onlv when:
A. Adequate on-site parking is available commensurate with the moorage facilities
provided. (See 7.09.02(F) below)
B. Adequate water area is available commensurate with the actual moorage facilities
provided.
C. The location of the moorage facilities is convenient to public roads.
7.09.02 Desiqn Requirements
A. Marinas are to be designed in the manner that will minimize adverse effects on
fish and shell fish resources and be aesthetically compatible with adjacent areas.
B. Marinas utilized to overnight and long-term moorage are not to be located in
shallow-water embayments with poor flushing action.
C. Applications for permits for marina construction are to be evaluated for compliance
with standards promulgated by federal, state, and local agencies.
D. Marinas and other commercial boating activities are to be equipped with
receptacles to receive and adequately dispose of sewage, waste, rubbish, and
litter from patrons' boats.
E. Applications for development permits for the construction of marinas must
affirmatively indicate that the marina will be equipped to contain and clean up any
spills or discharges of pollutants associated with boating activities.
F. 1. Parking should be provided in accordance with the following ratio: private
Ord. 4716, 4-13-98 34
and public marinas: 2 per 3 slips; private marina associated with residential
complex: 1 per 3 slips.
2. Special designated loading areas should be provided near piers in the
amount of one (1) parking space per finrenty-five (25) slips; all other parking
areas are to be located one hundred (100) feet from the ordinary high
water mark.
7.09.03 Location of Marinas
A. Marinas shall be permitted only upon Lake Washington. Marinas must provide
adequate access, parking, and surface water area in relation to the number of
moorage spaces provided.
7.10 MINING
7.10.01 All mining, including surface mining, shall be prohibited.
7.10.02 Surface mining shall mean all or any part of the process involved in extraction of minerals
by removing the overburden and mining directly from the mineral deposits thereby
exposed, including open pit mining of minerals naturally exposed at the surface of the
earth, mining by the auger method, and production of surface mining refuse. The surface
mining shall not include reasonable excavation or grading conducted for farming, on-site
road construction, or on-site building construction.
7.11 PARKING
7.11.01 Public Parkinq
A. In order to encourage public use of the shoreline, public parking is to be provided
at frequent locations.
B. Public parking facilities should be discouraged along the water's edge.
C. Public parking facilities are to be designed and landscaped to minimize adverse
impact upon the shoreline and adjacent lands and upon the water view.
7.11.02 Private Parkinq
A. Private parking facilities are to be located away from the water's edge where
possible.
7.12 PIERS AND DOCKS
7.12.01 Purpose:
A. Piers and docks shall be designed to minimize interference with the public use of
the water surface and shoreline.
B. The use of floating docks in lieu of other types of docks is to be encouraged in
those areas where scenic values are high and where substantial conflicts with
recreational boaters and fishermen will not be created.
C. The expansion of existing piers and docks is encouraged over the construction of
Ord. 4716, 4-13-98 35
new facilities.
D. Establish approval and design criteria.
7.1 Z.OZ Allowable Construction
A. Permits for the following construction of piers or docks will be allowed:
1. Piers and docks which provide for public recreational access and use or
marinas.
2. Community piers and docks in new major waterfront subdivisions.
3. Piers and docks which are constructed for private joint use by two or more
waterfront property owners.
4. Private single family residence piers and docks.
5. Community piers and docks for multi-family residences including
apartments, condominiums or similar developments.
6. Water-dependent commercial and industrial uses.
B. The responsibility rests upon the applicant to affirmatively demonstrate the need
for the proposed pier or dock in his application for a permit.
7.12.03 Criteria for Approval of Docks and Piers
The approval of a new dock or pier or a modification or extension of an existing dock or
pier shall include a finding that the following criteria have been met:
A. The dock or pier length does not extend beyond a length necessary to provide
reasonable and safe moorage.
B. The dock or pier does not interfere with the public use and enjoyment of the water
nor create a hazard to navigation.
C. The dock or pier will not result in the unreasonable interference with the use of
adjacent docks and/or piers; and
D. The dock or pier must comply with the design criteria specified in the following
sections.
7.12.04 Desiqn Criteria - General
A. Pier Tvpe
1. All piers and docks shall be built of open pile construction except that
floating docks may be permitted where there is no danger of significant
damage to an ecosystem, where scenic values are high, and where one or
more of the following conditions exist:
a. Extreme water depth, beyond the range of normal length piling.
b. A soft bottom condition, providing little support for piling.
c. Ledge rock bottom that renders it not feasible to install piling.
B. All piers and docks shall be constructed and maintained in a safe and sound
condition.
C. Applicants for the new construction or extension of piers and docks or the repair
and maintenance of existing docks, shall use materials and methods which
Ord. 4716, 4-13-98 36
prevent toxic materials, petrochemicals and other pollutants from entering surface
water during and after construction.
D. No fees or other compensation may be charged for use by nonresidents of piers
or docks accessory to residences.
7.12.05 Desian Criteria for Sinale-Familv Docks and Piers
A. There shall be no more than one pier per developed waterfront lot or ownership.
B. Dock Size Specifications
1. The following dock specifications shall be allowed:
a. The dock may extend to a maximum of eighty (80) feet beyond the
ordinary high-water line into the water or until a depth of finrelve (12)
feet below the mean low water mark, whichever is reached first.
However, in no case shall a dock of less than fifty (50) feet in length
be required.
b. The maximum width of a dock shall be eight (8) feet.
c. No portion of a pier or dock for the sole use of a private, single-
family residence may lie closer than five (5) feet to an adjacent
property line.
d. One extension of a dock parallel to the shoreline or one (1) float
may be allowed provided such extension is not located ctoser that
five (5) feet from a side lot line or exceed one hundred (100) square
feet in size.
C. Joint Use Piers and Docks
1. A Joint use dock may be constructed for two (2) contiguous waterfront
properties and may be located on a side property line or straddling a side
property line, common to both properties.
2. A joint use ownership agreement or covenant shall be prepared with the
appropriate signatures of the property owners in question and recorded
with the King County Assessor's Office. A copy of the recorded agreement
shall be provided to the City. Such document should specify ownership
rights and maintenance provisions.
3. Dock Size Specifications
a. Joint use docks and piers may extend to eighty (80) feet beyond
the ordinary high-water mark or to a depth of finrelve (12) feet,
whichever is reached first.
b. Joint use docks and piers may not exceed a maximum width of
twelve (12) feet.
c. Joint use docks and piers may be allowed one (1) pier extension or
float a maximum of one hundred fifty (150) square feet in size for
each owner.
Ord. 4716, 4-13-98 37
D. Requests for greater dock length may only be submitted as specified below under
Section 7.12.09 once an individual has failed to work with an adjacent property
owner in establishing a joint use dock.
7.12.06 Desipn Criteria for Multi-Familv Residence Docks
A. Resident Mooraae
1. Moorage at the docks shall be limited to residents or owner of the
subdivision, apartments, condominiums or similar developments for which
the dock was built.
B. Maximum Number of Berthina Spaces
1. The ratio of moorage berths to residential units shall be one (1) berth for
every finro (2) dwelling units.
C. Lenath of Multiple-Familv Pier or pock
1. Multiple-family piers and docks shall not exceed a length of one hundred
eighty (180) feet into the water beyond the ordinary high-water mark,
except as may be allowed under Section 7.12.10 of this section of the
Master Program.
7.12.07 Desiqn Criteria for Recreational, Commercial and Industrial Docks
A. The following dock specifications shall be allowed:
1. Unless otherwise determined or directed by any State agency having
jurisdiction, the dock may extend into the water one hundred fifty (150)
feet; if the depth of thirty (30) feet is not reached, the dock may be
extended until a depth of thirty (30) feet is reached, provided the dock
does not exceed finro hundred fifty (250) feet; and in the case of a marina
adjacent to a designated harbor area, docks and associated breakwaters
may extend to the greater of (a) the distance determined pursuant to the
foregoing criteria, (b) the inner harbor line, or (c) such point beyond the
inner harbor line as is allowed by the terms of a lease, license or other
formal authorization approved by the Washington State Department of
Natural Resources or other agency with jurisdiction.
2. The maximum width shall be twelve (12) feet.
B. Docks shall be placed no closer than thirty (30) feet to a side property line.
C. Docks or piers which are associated or linked with City trails shall be no greater
than necessary to serve the intended purpose and will be determined by the City
on a case-by-case basis.
7.12.08 Use of Buovs and Floats
A. Where feasible, the use of buoys and floats for moorage, as permitted below
under B of this Section, may be allowed as an alternative to the construction of
piers and docks. Such buoys and floats are to be placed as close to shore as
possible in order to minimize hazards to navigation, including reflectors for
nighttime visibility. In no case shall a buoy be located further from the shoreline
than the allowable length for docks.
Ord. 4716, 4-13-98 38
B. Floats shall be allowed under the following conditions:
1. Floats shall be anchored to allow clear passage on all sides by small
watercraft.
2. Floats shall not exceed a maximum of one hundred (100) square feet in
size. A float proposed for joint use between adjacent property owners may
not exceed one hundred fifty square feet per residence.
3. A single-family residence may only have one (1) float.
4. Floats shall not exceed a length of fifty (50) feet into the water beyond the
ordinary high water mark, except public recreation floats.
7.12.09 Variance to Dock and Pier Dimensions
Requests for greater dock and pier dimensions than those specified above may be
submitted as variance applications to the City's Land Use Hearing Examiner. Any greater
dimension than those listed above may be allowed by the Land Use Hearing Examiner for
good reason, which shall include, but is not limited to, conditions requiring greater dock
dimensions. The Examiner, in approving a variance request, shall include a finding that a
variance request compiles with:
A. The criteria listed in Section 7.12.03 when approving such requests; and
B. The criteria specified in Section 8.02 of the Master Program.
7.13 RECREATION
7.13.01 Definition:
The refreshment of body and mind through forms of play, amusement or relaxation. The
recreational experience may be active, such as boating, fishing, and swimming, or may
be passive, such as enjoying the natural beauty of the shoreline or its wildlife.
7.13.02 Public Recreation
Public recreation uses shall be permitted within the shoreline only when the following
criteria are considered:
A. Accessibility to the water's edge is provided consistent with public safety needs
and in consideration of natural features; and
B. Recreational development shall be of such variety as to satisfy the diversity of
demands of the local community; and
C. Just compensation is provided to the owner for property acquired for the public
use; and
D. It is designed to avoid conflicts with owner's legal property rights and create
minimum detrimental impact on the adjoining property; and
E. It provides parking spaces to handle the designed public use, and it will be
designed to have a minimum impact on the environment.
Ord. 4716, 4-13-98 39
7.13.03 Private Recreation
Private recreational uses open to the public shall be permitted only when the following
standards are met:
A. There is reasonable public access to the recreational uses, including access along
the water's edge where appropriate. In the case of Lake Washington, significant
public access shall be provided; and
B. The proposed facility will have no significant detrimental effects on adjacent
parcels; and
C. Adequate, screened, and landscaped parking facilities that are separated from
pedestrian paths are provided.
7.14 RESIDENTIAL DEVELOPMENT
7.14.01 Residential developments shall be allowed only when:
A. Adequate public utilities are available; and
B. Residential structures are set back inland from the ordinary high water mark a
minimum of twenty five (25) feet, or consistent with setback provisions of the
Renton Municipal Code, whichever provides the greater setback; and
C. Density shall not increase beyond the zoning density outlined in the Renton
Comprehensive Plan and Zoning Code.
D. New residential developments shall be encouraged to provide public access.
Unless deemed inappropriate due to health, safety or environmental concerns,
new multi-family, condominium, planned unit developments, and subdivisions
except short plats, shall provide public access along the water's edge; in the case
of Lake Washington, significant public access shall be provided.
7.14.02 Floating residences are prohibited.
7.15 ROADS AND RAILROADS
7.15.01 Desiqn Requirements
A. Shoreline roadways should be scenic boulevards where possible.
B. Roadways located in shoreland areas should be limited and designed and
maintained to prevent soil erosion and to permit natural movement of ground
water.
C. All debris and other waste materials from construction are to be disposed of in
such a way as to prevent their entry by erosion into any water body.
D. Road locations are to be planned to fit the topography, where possible, in order
that minimum alteration of existing natural conditions will be necessary.
Ord. 4716, 4-13-98 40
7.16 STREAM ALTERATION
7.16.01 Definition:
Stream alteration is the relocation or change in the flow of a river, stream or creek. A
river, stream or creek is surface water runoff flowing in a natural or modified channel.
7.16.02 Permitted Stream Alteration
A. Unless otherwise prohibited by subsection 7.16.03, stream alteration may be allowed
subject to the regulations in subsection 7.16.04.
B. Stream alteration may be permitted if it is part of a public flood hazard
reduction/habitat enhancement project approved by appropriate State and/or Federal
agencies.
7.16.03 Prohibited Stream Alteration
A. Stream alteration is prohibited in unique and fragile areas, except if the stream
alteration is part of a public flood hazard reduction/habitat enhancement project
approved by appropriate State and/or Federal agencies.
B. Stream alteration solely for the purpose of enlarging the developable portion of a
parcel of land or increasing the economic potential of a parcel of land is
prohibited.
C. Stream alteration is prohibited if it would be significantly detrimental to adjacent
parcels.
7.16.04 Requlations on Stream Alteration
A. All proposed stream alterations shall be designed by an appropriately State
licensed professional engineer. The design shall be submitted to the
Development Services Division as part of the application.
B. The responsibility rests solely with the applicant to demonstrate the necessity of
the proposal.
C. The timing and the methods employed will have minimal adverse effects on
aquatic life.
D. Pollution is to be minimized during and after construction.
E. The project must be designed so that the low flow is maintained and the
escapement of fish at low water is possible.
F. No permanent over-water cover or structure shall be allowed unless it is in the
public interest.
Ord. 4716, 4-13-98 41
7.17 TRAILS
7.17.01 Definition:
For the purposes of the Shoreline Master Program, trails are a non-motorized
transportation route designed primarily for pedestrians and bicyclists.
7.17.02 Permitted Uses
Trail uses shall be permitted within the shoreline, when the following standards are met:
A. Provisions for maintenance operation and emergency access have been provided.
B. They link water access points along the shoreline, or they link water access points
along the shoreline with upland community facilities.
C. They are designed to avoid conflict with private property rights and to create the
minimum objectionable impact on adjacent property owners.
D. Just compensation is provided to the owner for property to be acquired by the
public.
E. They insure the rights and privacy of the adjoining property owners.
F. Over-water structures required by the trails are determined to be in the public
interest.
G. They are designed with a surface material which will carry the actual user loads
and will have a minimum impact on the environment.
7.18 UTILITIES
7.18.01 Landscapinq
A. Native Veqetation
1. The native vegetation shall be maintained whenever possible.
2. When utility projects are completed in the water or shoreland, the disturbed
area shall be restored and landscaped as nearly as possible to the original
condition, unless new landscaping is determined to be more desirable.
B. All vegetation and screening shall be hardy enough to withstand the travel of
service trucks and similar traffic in areas where such activity occurs.
C. Site Screeninq of Public Utilities:
When a public utility building, telephone exchange, sewage pumping operation or
a public utility is built in the shoreline area, the requirements of this Master
Program shall be met and the following screening requirements shall be met. If
the requirements of Section 7.18.01A, Native Vegetation, and the requirements of
this section are in disagreement, the requirements of this section shall take
precedence.
1. If the installation is housed in a building, the building shall conform
architecturally with the surrounding buildings and area or with the type of
building that will develop due to the zoning district.
Ord. 4716, 4-13-98 42
2. An unhoused installation on the ground or a housed installation that does
not conform with 1. above, shall be sight screened with evergreen trees,
shrubs, and landscaping planted in sufficient depth to form an effective
and actual sight barrier within five (5) years.
3. An unhoused installation of a dangerous nature, such as an electrical
distribution substation, shall be enclosed with an eight (8) foot high open
wire fence. Such installations shall be sight screened with evergreen
trees, shrubs, and landscaping planted in sufficient depth to form an
effective and actual sight barrier except at entrance gate(s), within five (5)
years.
7.18.02 Special Considerations for Pipelines
Installation and operation of pipelines shall protect the natural conditions of adjacent
water courses and shorelines.
A. Water quality is not to be degraded to the detriment of marine life nor shall water
quality standards be violated.
B. Native soils shall be protected from erosion and natural conditions restored.
Water course banks and bottoms shall be protected, where necessary, with
suitable surface treatment.
C. Petro-chemical or toxic material pipelines shall have automatically controlled
shutoff valves at each side of the water crossing.
D. All petro-chemical or toxic material pipelines shall be constructed in accordance
with the regulations of the Washington State Transportation Commission and
subject to review by the City Public Works Department.
7.18.03 Maior Utilities - Specifications
A. Electricallnstallations
1. Overhead Hiqh Voltaqe Power Lines
a. Joint use docks and piers may extend to eighty (80) feet beyond
the ordinary high-water mark or to a depth of twelve (12) feet,
whichever is reached first.
b. Structure of overhead power lines should be single-pole type or
other aesthetically compatible design.
2. Electrical Distribution Substations: Electrical distribution substations shall
be at a shoreland location only when the applicant proves there exists no
other site out of the shoreland area and when the screening requirements
of Section 7.18.01 C are met.
B. Communications: This section applies to telephone exchanges including radar
transmission installations, receiving antennas for cable television and/or radio, and
any other facility for the transmission of communication systems.
Communications installations may be permitted in the shoreline area only when
there exists no feasible site out of the shoreline and water area and when the
screening requirements of Section 7.18.01C are met. In an aesthetic interest,
such installations shall be located as far as possible from residential, recreational,
and commercial activities.
Ord. 4716, 4-13-98 43
C. Pipeline Utilities: All pipeline utilities shall be underground. When underground
projects are completed on the bank of a water body or in the shoreland or a
shoreline, the disturbed area shall be restored to the original configuration.
Underground utility installations shall be permitted only when the finished
installation shall not impair the appearance of such areas.
D. Public Access: All utility companies shall be asked to provide pedestrian public
access to utility owned shorelines when such areas are not potentially hazardous
to the public. Where utility rights-of-way are located near recreational or public
use areas, utility companies shall be encouraged to provide said rights-of-way as
parking or other public use areas for the adjacent public use area.
E. All-inclusive Utilitv Corridor: When it is necessary for more than one (1) major
utility to go along the same general route, the common use of a single utility right-
of-way is strongly encouraged. It would be desirable to include railroad lines
within this right-of-way also.
7.18.04 Local Service Utilities. Specifications
A. Waterlines: Sizes and specifications shall be determined by the Public Works
Department in accordance with American Water Works Association (AWWA)
guidelines.
B. Sanitarv Sewer: The existence or use of outhouses or privies is prohibited. All
uses shall hook to the municipal sewer system. There shall be no septic tanks or
other on-site sewage disposal systems. Storm drainage and pollutant drainage
shall not enter the sanitary sewer system. During construction phases,
commercial sanitary chemical toilets may be allowed only until proper plumbing
facilities are completed. All sanitary sewer pipe sizes and materials shall be
approved by the Renton Public Works Department and METRO.
C. Storm Sewers: A storm sewer drainage system shall be required. Pre-treatment
of storm run-off or diversion to sanitary sewers may be required to keep
deleterious substances out of neighboring water courses. Storm sewer sizes and
specifications shall be determined by the Public Works Department in accordance
with A.P.W.A. guidelines.
D. Discharqes of Pollutants and Petroleum Products
1. Discharges of pollutants into water courses and ground water shall be
subject to the Department of Ecology, Corps of Engineers, and the
Environmental Protection Agency for review of permits for discharge.
2. Oil Separations: These units shall be required at sites that have oil waste
disposal into sanitary or storm sewer. These units shall be built to
Municipality of Metropolitan Seattle (METRO) or State of Washington
Department of Public Health specifications.
3. Petroleum Bulk Storaqe and Distribution: Petroleum facilities shall
hereafter not be allowed.
7.18.05 All-inclusive Utilitv Tunnels
For the distribution of local utilities, utility tunnels under the street right-of-way are
recommended to carry all local utility services. For new development, the tunnel could be
Ord. 4716, 4-13-98 44
built at the time of road construction. The tunnel would include all utility services, both
public and private, necessary for use in the public right-of-way, such as wiring for street
lighting and water lines for fire hydrants and all utility services necessary for the private
uses of the area.
Ord. 4716, 4-13-98 45
SECTION 8. VARIANCES AND CONDITIONAL USES
8.01 VARIANCES AND CONDITIONAL USE PERMITS
The Renton Land Use Hearing Examiner shall have authority to grant conditional use
permits and variances in the administration of the Renton Master Program. The power to
grant variances and conditional use permits should be utilized in a manner which, while
protecting the environment, will assure that a person will be able to utilize his property in a
fair and equitable manner. It shall be recognized that a lawful use at the time the Master
Program is adopted is to be considered a permitted use, and maintenance and
restoration shall not require a variance or a conditional use permit. Both variances and
conditional use permits are forwarded to the Department of Ecology and the Attorney
General's Office for approval or denial.
8.02 VARIANCES
Upon proper application, a substantial development permit may be granted which is at
variance with the criteria established in the Renton Master Program where, owing to
special conditions pertaining to the specific piece of property, the literal interpretation and
strict application of the criteria established in the Renton Master Program would cause
undue and unnecessary hardship or practical difficulties. The fact that the applicant
might make a greater profit by using his property in a manner contrary to the intent of the
Master Program is not, by itself, sufficient reason for a variance. The Land Use Hearing
Examiner must find each of the following:
8.02.01 Exceptional or extraordinary circumstances or conditions applying to the subject property,
or to the intended use thereof, that do not apply generally to other properties on
shorelines in the same vicinity.
8.02.02 The variance permit is necessary for the preservation and enjoyment of a substantial
property right of the applicant possessed by the owners of other properties on shorelines
in the same vicinity.
8.02.03 The variance permit will not be materially detrimental to the public welfare or injurious to
property on the shorelines in the same vicinity.
8.02.04 The variance granted will be in harmony with the general purpose and intent of this
Master Program.
8.02.05 The public welfare and interest will be preserved; if more harm will be done to the area by
granting the variance than would be done to the applicant by denying it, the variance will
be denied, but each property owner shall be entitled to the reasonable use and
development of his lands as long as such use and development is in harmony with the
general purpose and intent of the Shoreline Management Act of 1971, and the provisions
of this Master Program.
8.02.06 The proposal meets the variance criteria in WAC 173-27-170.
8.03 CONDITIONAL USE
Upon proper application, a conditional use permit may be granted. The objective of a
conditional use provision is to provide more control and flexibility for implementing the
regulations of the Master Program. With provisions to control undesirable effects, the
Ord. 4716, 4-13-98 46
scope of uses can be expanded to include many uses. Uses classified as conditional
uses can be permitted only after consideration and by meeting such performance
standards that make the use compatible with other permitted uses within that area. A
conditional use permit will be granted subject to each of the following conditions:
8.03.01 The use must be compatible with other permitted uses within that area.
8.03.02 The use will not interfere with the public use of public shorelines.
8.03.03 Design of the site will be compatible with the surroundings and the City's Master Program.
8.03.04 The use shall be in harmony with the general purpose and intent of the City's Master
Program.
8.03.05 The use meets the conditional use criteria in WAC 173-27-160.
8.04 TIME LIMIT, PERMIT VALIDITY, AND APPEALS
A. Conditional use permits and variances shall be filed with the State in accordance
with RCW 90.58.140(6) and WAC 173-27-130. Conditional permits and variances
shall be deemed to be approved within thirty (30) calendar days from the date of
receipt by the Department of Ecology and the Attorney General's office unless
written communication is received by the applicant and the City indicating
otherwise.
B. Permit validity requirements of Section 2.06 shall apply to conditional use and
variance permits.
C. Appeals of conditional use or variance permits shall be made in accordance with
Section 2.09 of this Program.
Ord. 4716, 4-13-98 47
SECTION 9. DEFINITIONS
For the purpose of this Master Program, certain terms and their derivations shall be
construed as specified in this section. Words in the singular include the plural and the
plural, the singular. The words "shall" and "will" are mandatory; the word "may" is
permissive. The word "should" is advisory.
9.01 ACT: The Shoreline Management Act of 1971, Chapter 90.58 RCW.
9.02 ACTIVITY: A happening associated with a use; the use of energy toward a specific
action or pursuit. Examples of shoreline activities include but are not limited to fishing,
swimming, boating, dredging, fish spawning, wildlife nesting, or discharging of materials.
Not all activities necessarily require a shoreline location.
9.03 AQUACULTURE: The culture or farming of aquatic animals and plants.
9.04 BOAT LAUNCHING RAMP: A facility with an inclined surface extending into the water
which allows launching of boats directly into the water from trailers.
9.05 BREAKWATER: A protective structure, usually built off-shore for the purpose of
protecting the shoreline or harbor areas from wave action.
9.06 BUFFER: A parcel or strip of land that is designed and designated to permanently
remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic
or wetland site from upland impacts, to provide habitat for wildlife and to afford limited
public access.
9.07 BUILDING: Any structure having a roof intended to be used for the shelter or enclosure
of persons, plants, animals or property.
9.08 BULKHEAD: A vertical wall constructed of rock, concrete, timber, sheet steel, gabions, or
patent system materials. Rock bulkheads are often termed "vertical rock walls."
Seawalls are similar to bulkheads, but more robustly constructed.
9.09 BUOY: A floating object anchored in a lake, river, etc., to warn of rocks, shoals, etc., or
used for boat moorage.
9.10 CIRCULATION: Those means of transportation which carry passengers or goods to,
from, over, or along a corridor.
9.11 CORRIDOR: A strip of land forming a passageway between two otherwise separate
parts.
9.12 DEVELOPMENT: A use consisting of the construction of exterior alteration of structures;
dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading,
driving of piling; placing of obstructions; or any other projects of a permanent or
temporary nature which interferes with the normal public use of the surface of the waters
overlying lands subject to the Act at any state of water level.
9.13 DOCK: A fixed or floating platform extending from the shore over the water.
9.14 DREDGING: The removal of earth from the bottom or banks of a body of water.
Ord. 4716, 4-13-98 48
9.15 ECONOMIC DEVELOPMENT: A development which provides a service, produces a
good, retails a commodity, or engages in any other use or activity for the purpose of
making financial gain.
9.16 FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood
waters.
9.17 FLOODWAY: For purposes of determining the jurisdiction of this Master Program in
conjunction with the definition of"shoreland" below, "floodway" means those portions of
the area of a river valley lying streamward from the outer limits of a watercourse upon
which flood waters are carried during periods of flooding that occur with reasonable
regularity, although not necessarily annually, said floodway being identified, under normal
condition, by changes in surface soil conditions or changes in types or quality of
vegetative ground cover condition. The floodway shall not include those lands that can
reasonably be expected to be protected flood waters by flood control devices maintained
by or maintained under license from the Federal Government, the State, or a political
subdivision of the State.
9.18 FLOODPLAIN: The area subject to a 100-year flood.
9.19 HEARINGS BOARD: The Shorelines Hearings Board established by the Act.
9.20 HIGH RISE: A structure exceeding seventy-five (75) feet in height.
9.21 LANDFILL: Creation or maintenance of beach or creation of dry upland area by the
deposit of sand, soil, gravel or other materials into shoreline areas.
9.22 LICENSED ENGINEER: A professional engineer, licensed to practice in the State of
Washington.
9.23 LOCAL SERVICE UTILITY: Public or private utilities normally servicing a neighborhood,
i.e. telephone exchanges; sewer, both storm and sanitary; distribution lines, electrical less
than 55 KV, telephone, cable TV; etc.
9.24 MAJOR SERVICE UTILITY: Public or private utilities which provide services beyond the
City's boundaries, i.e. pipelines, natural gas, water, sewer, petroleum; electrical
transmission lines 55 KV or greater; and regional sewer or water treatment plants; etc.
9.25 MARINA: A use providing moorage's for pleasure craft, which also may include boat
launching facilities, storage, sales, and other related services.
9.26 MASTER PROGRAM: The comprehensive shoreline use plan for the City of Renton and
the use regulations, together with maps, diagrams, charts or other descriptive material
and text, and a statement of desired goals and standards developed in accordance with
the policies enunciated in Section 2 of the Act.
9.27 MOORAGE: Any device or structure used to secure a vessel for temporary anchorage,
but which is not attached to the vessels. Examples of moorage are docks or buoys.
9.28 MULTIPLE-USE: The combining of compatible uses within one development, of which
the major use or activity is water-oriented. All uses or activities other than the major one
are directly related and necessary to the major use or activity.
Ord. 4716, 4-13-98 49
9.29 ONE-HUNDRED YEAR FLOOD: The maximum flood expected to occur during a one-
hundred (100) year period.
9.30 OPEN SPACE: A land area allowing view, use or passage which is almost entirely
unobstructed by buildings, paved areas, or other man-made structures.
9.31 ORDINARY HIGH WATER MARK: On lakes and streams, that mark found by examining
the bed and banks and ascertaining where the presence and action of waters are so
common and usual, and so long continued in all ordinary years, as to mark upon the soil
a character distinct from that of the abutting upland, in respect to vegetation as that
condition exists on June 1, 1971, as it may naturally change thereafter, or as it may
change in accordance with permits issued by the City or State. The following criteria
clarify this mark on lakes and streams:
A. Lakes. Where the ordinary high water mark cannot be found, it shall be the
line of inean high water.
B. Streams. Where the ordinary high water mark cannot be found, it shall be the
line of inean high water. For braided streams, the ordinary high water mark is
found on the banks forming the outer limits of the depression within which the
braiding occurs.
9.32 PIER: A general term including docks and similar structures consisting of a fixed or
floating platform extending from the shore over the water.
9.33 PLANNED UNIT DEVELOPMENT: Special contractual agreement between the
developer and a governmental body governing development of land.
9.34 PUBLIC ACCESS: A means of physical approach to and along the shoreline available to
the general public. This may also include visual approach.
9.35 RECREATION: The refreshment of body and mind through forms of play, amusement or
relaxation. The recreational experience may be active, such as boating, fishing, and
swimming, or may be passive such as enjoying the natural beauty of the shoreline or its
wildlife.
9.36 RESIDENTIAL USES: Developments where persons reside including but not limited to
single-family dwellings, apartments, and condominiums.
9.37 SETBACK: A required open space, specified in the Shoreline Master Program, measured
horizontally upland from and perpendicular to the ordinary high water mark.
9.38 SHORELAND OR SHORELAND AREAS: Those lands extending landward for two
hundred (200) feet in all directions, as measured on a horizontal plane from ordinary high
water mark; floodways and contiguous floodplain areas landward two hundred feet from
such floodways; and all marshes, bogs, swamps, and river deltas, associated with
streams, lakes and tidal waters which are subject to the provisions of the State Shorelines
Management Act. For purposes of determining jurisdictional area, the boundary will be
either finro hundred (200) feet from the ordinary high water mark, or finro hundred (200)
feet from the floodway, whichever is greater.
9.39 SHORELINES: All of the water areas of the State regulated by the City of Renton,
including reservoirs, and their associated shorelands, together with the lands underlying
Ord. 4716, 4-13-98 50
them, except:
A. Shorelines of state-wide significance.
B. Shorelines on segments of streams upstream of a point where the mean annual
flow is finrenty (20) cubic feet per second or less and the wetlands associated with
such upstream segments.
C. Shorelines on lakes less than finrenty (20) acres in size and wetlands associated
with such small lakes.
9.40 SHORELINES OF STATE-WIDE SIGNIFICANCE: Those shorelines described in RCW
90.58.030(2)(e).
9.41 SHORELINES OF THE STATE: The total of all shorelines and "shorelines of state-wide
significance" regulated by the City of Renton.
9.42 STRUCTURE: A combination of materials constructed or erected on the ground or water
or attached to something having a location on the ground or water.
9.43 SUBDIVISION: A parcel of land divided into two or more parcels.
9.44 SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair market
value exceeds finro thousand five hundred (2,500) dollars, or any development which
materially interferes with the normal public use of the water or shoreline of the State.
Exemptions in RCW 90.58.030(3)(e) and in Section 2.03 of this Master Program are not
considered substantial developments.
9.45 SUBSTANTIAL DEVELOPMENT PERMIT: The Shoreline Management Substantial
Development Permit provided for in Section 14 of the Shoreline Management Act of
1971, (RCW 90.58.140).
9.46 UNIQUE AND FRAGILE AREAS: Those portions of the shoreline which (1) contain or
substantially contribute to the maintenance of endangered or valuable forms of life and
(2) have unstable or potentially hazardous topographic, geologic or hydrologic features
(such as steep slopes, marshes).
9.47 WATER-DEPENDENT: Referring to uses or portions of a use which cannot exist in any
other location and is dependent on the water by reason of the intrinsic nature of its
operations. Examples of water-dependent uses may include ship cargo terminal loading
areas, ferry and passenger terminals, barge loading facilities, ship building and dry
docking, marinas, aquaculture, float plane facilities and sewer outfalls.
9.48 WATER-ENJOYMENT: Referring to a recreational use, or other use facilitating public
access to the shoreline as a primary characteristic of the use; or a use that provides for
recreational use or aesthetic enjoyment of the shoreline for a substantial number of
people as a general characteristic of the use and which through the location, design and
operation assures the public's ability to enjoy the physical and aesthetic qualities of the
shoreline. In order to qualify as a water-enjoyment use, the use must be open to the
general public and the shoreline oriented space within the project must be devoted to the
specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment
uses may include, but are not limited to, parks, piers and other improvements facilitating
public access to the shorelines of the state; and general water-enjoyment uses may
include, but are not limited to restaurants, museums, aquariums, scientific/ecological
reserves, resorts/hotels and mixed-use commercial/office; provided that such uses
Ord. 4716, 4-13-98 51
conform to the above water-enjoyment specifications and the provisions of this Master
Program.
9.49 WATER-ORIENTED/NON-WATER-ORIENTED: "Water-oriented" refers to any
combination of water-dependent, water-related, and/or water-enjoyment uses and serves
as an all-encompassing definition for priority uses under the Shoreline Management Act.
"Non-water oriented" serves to describe those uses which have little or no relationship to
the shoreline and are not considered priority uses under the Shoreline Management Act.
Examples of non-water-oriented uses include professional offices, automobile sales or
repair shops, mini-storage facilities, multi-family residential development, department
stores and gas stations; these uses may be considered water-oriented where there is
significant public access.
9.50 WATER-RELATED: Referring to a use or portion of a use which is not intrinsically
dependent on a waterfront location, but whose economic viability is dependent upon a
waterfront location because:
A. of a functional requirement for a waterfront location such as the arrival or
shipment of materials by water or the need for large quantities of water, or
B. the use provides a necessary service supportive of the water-dependent
commercial activities and the proximity of the use to its customers makes its
services less expensive and/or more convenient. Examples include
manufacturers of ship parts large enough that transportation becomes a
significant factor in the products cost, professional services serving primarily
water-dependent activities and storage of water-transported foods.
Examples of water-related uses may include warehousing of goods transported by water,
seafood processing plants, hydroelectric generating plants, gravel storage when
transported by barge, oil refineries where transport is by tanker, and log storage.
9.51 WETLANDS. Areas that are inundated or saturated by surface water or ground water at
a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not
include those artificial wetlands intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention
facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those
wetlands created after July 1, 1990 that were unintentionally created as a result of the
construction of a road, street, or highway. Wetlands include artificial wetlands created
from nonwetland areas to mitigate the conversion of wetlands.
Ord. 4716, 4-13-98 52
APPENDIX A
SPRINGBROOK CREEK SHORELINE BOUNDARY MAP
N:IDIVISION.S\P-TS\PLANNING\LGRUETER\SHORELIN\SMPFIN98.DOC
Ord. 4716, 4-13-98 53
CITY OF RENTON
SHORELINE MASTER PROGRAM
SPRINGBROOK CREEK
SHORELINE BOUNDARY MAP
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Develooment Services Division uti6zina the reaulahons and definitions in Ihe Pranrem and anv sife•soecific environmenlaf analvsis J