The URL can be used to link to this page

Home My WebLink AboutORD 59651 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5965 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4‐1‐045.G.3, 4‐1‐045.G.4, 4‐2‐120.A, 4‐2‐120.B, 4‐2‐120.C, 4‐2‐ 130.A, AND 4‐2‐130.B, AND SECTION 4‐9‐030 OF THE RENTON MUNICIPAL CODE, REVISING CONDITIONAL USE PERMIT CRITERIA, ADDING NEW SUBSECTIONS 4‐ 9‐030.F AND 4‐9‐030.G REGARDING DECISION CRITERIA FOR HEIGHT INCREASES AND DENSITY INCREASES, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 23, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on September 4, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsections 4‐1‐045.G.3 and 4‐1‐045.G.4 are amended as shown below. All other provisions in 4‐1‐045.G remain in effect and unchanged. G. MODIFICATIONS: ORDINANCE NO. 5965 2 Proposed modifications to an application listed in subsection B of this Section, as it exists or may be amended (excluding Building Permits), which have been deemed to be complete, shall be subject to the requirements below: 1. Modifications proposed by the Department of Community and Economic Development to an application shall not be considered a new application. 2. Any modification to an application may require revised public notice and/or additional review time. 3. Modifications proposed by the applicant to an application which meet or exceed any of the criteria for a major revision and/or amendment, pursuant to the criteria in RMC 4‐7‐080.M or 4‐9‐030.JG, as they exist or may be amended, shall require a new application. The new application shall conform to the development regulations which are in effect at the time the new application is submitted. 4. Proposed modifications to applications that do not exceed the major revision and/or amendment criteria pursuant to RMC 4‐7‐080.M or 4‐9‐030.JG, as they exist or may be amended, shall be reviewed for the development regulations in effect on the date of the original complete application. SECTION III. The Height standards in subsection 4‐2‐120.A of the Renton Municipal Code are amended as shown below. All other standards in 4‐2‐120.A remain in effect and unchanged. ORDINANCE NO. 5965 3 4‐2‐120.A DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC) CN CV CA UC HEIGHT Maximum Building Height,6, 14, 16 except for Public Facilities6, 20 35 ft. 50 ft., except 70 ft. for vertically mixed use buildings (commercial and residential). Heights may exceed the Zone’s maximum height with a Conditional Use Permit. 50 ft., except 70 ft. for vertically mixed use buildings (commercial and residential). Heights may exceed the Zone’s maximum height with a Conditional Use Permit.16 10 stories along primary and secondary arterials. 6 stories along residential/minor collectors. Maximum Height for Wireless Communication Facilities6 See RMC 4‐4‐140 SECTION IV. The Density and Height standards in subsection 4‐2‐120.B of the Renton Municipal Code are amended as shown on Attachment A. All other standards in 4‐2‐120.B remain in effect and unchanged. SECTION V. Subsection 4‐2‐120.C of the Renton Municipal Code is amended as follows: ORDINANCE NO. 5965 4 4‐2‐120.C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS 1. A density bonus may be granted for developments that satisfy the criteria and standards of RMC 4‐9‐065, Density Bonus Review. 2. The following table indicates the maximum requested size/standard change that may be allowed by an Administrative Conditional Use Permit. Increases above these levels may not be achieved by a variance or the conditional use permit process. APPLICABLE ZONE STANDARD CHANGE REQUEST CN Uses restricted to 3,000 gross sq. ft. – increases: Between 3,000 – 5,000 sq. ft. CN Uses restricted to 5,000 gross sq. ft. – increases up to: 20% or 1,000 gross sq. ft. All of the CV Zone Uses restricted to 65,000 gross sq. ft. – increases up to: 40% or 26,000 gross sq. ft. 3. These provisions may be modified through the site plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. 4. UC Zone Upper‐Story Setback: Buildings or portions of buildings that exceed fifty feet (50') in height and are located within one hundred feet (100') of a shoreline shall include upper story setbacks for the facade facing the shoreline ORDINANCE NO. 5965 5 and for facades facing publicly accessible plazas as follows: The minimum setback for a fifth story and succeeding stories shall be ten feet (10') minimum from the preceding story, applicable to each story. Projects not meeting the upper story setbacks defined above may be approved through the modification procedure pursuant to RMC 4‐9‐250.D, when superior design is demonstrated the decision criteria are met. 5. Shoreline Master Plan Setbacks in the UC Zone: In the UC Zone, where the applicable Shoreline Master Program setback is less than fifty feet (50'), the City may increase the setback up to one hundred percent (100%) if the City determines additional setback area is needed to ensure adequate public access, emergency access or other site planning or environmental considerations. 6. In no case shall building height exceed the maximum allowed by the Airport Compatible Land Related Height and Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones Airport Influence Area and Safety Compatibility Zones designated under RMC 4‐3‐020. 7. Abutting is defined as “Lots sharing common property lines.” Reserved. 8. UC Zone Architectural Requirement: Buildings that are immediately adjacent to or abutting a public park, open space, or trail shall incorporate building articulation and textural variety, in addition to at least one (1) of the following features: a. Incorporate building modulation to reduce the overall bulk and mass of buildings; or ORDINANCE NO. 5965 6 b. Provide at least one (1) architectural projection for each dwelling unit of not less than two feet (2') from the wall plane and not less than four feet (4') wide; or c. Provide vertical and horizontal modulation of roof lines and facades of not less than two feet (2') at a minimum interval of forty feet (40') per building face, or an equivalent standard that adds interest and quality to the project. 9. Use‐related provisions are not variable. Use‐related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 10. Heights may exceed the maximum height under an Administrative Conditional Use Permit. Reserved. In consideration of a request for a Conditional Use Permit for a building height in excess of ninety five feet (95'), the Community and Economic Development Administrator shall consider the following factors in addition to the criteria in RMC 4‐9‐030, Conditional Use Permits, among all other relevant information: a. Location Criteria: The proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit shall be considered. ORDINANCE NO. 5965 7 b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c. Effect on Adjacent or Abutting Properties: Buildings in excess of ninety five feet (95') in height at the proposed location shall not result in substantial or undue adverse effects on adjacent or abutting property. When a building in excess of ninety five feet (95') in height is adjacent or abutting to a lot designated residential on the City Comprehensive Plan, then setbacks shall be equivalent to the requirements of the adjacent or abutting residential zone. d. Bulk: Buildings near public open spaces should permit public access and, where feasible, physical access to the public open space. Whenever practicable, buildings should be oriented to minimize the shadows they cause on publicly accessible open space. e. Light and Glare: Due consideration shall be given to mitigation of light and glare impacts upon streets, major public facilities and major public open spaces. 11. Freestanding signs are restricted to monument signs in the Commercial Arterial (CA) Zone along Rainier Avenue North. 12. Heights may exceed the maximum height by up to fifty feet (50') with bonuses for plazas and other amenities, subject to an Administrative Conditional Use Permit. Reserved. ORDINANCE NO. 5965 8 13. A reduced minimum setback of no less than fifteen feet (15') may be allowed for structures in excess of twenty‐five feet (25') in height through the site plan review process. 14. The vehicle entry for a personal garage (not structured parking) or carport shall be set back twenty feet (20') from any public right‐of‐way where vehicle access is provided; all other facades of a garage shall be subject to the applicable zone’s minimum setback. 15. Maximum Setback: a. The maximum setback may be modified through the site plan review if the applicant can demonstrate that the proposed development meets the following criteria: i. Orients development to the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC), encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and ii. Creates a low‐scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and iii. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic, and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. ORDINANCE NO. 5965 9 b. Alternatively, the maximum setback requirement may be modified if the applicant can demonstrate that the preceding criteria cannot be met by addressing the criteria below. However, those criteria that can be met shall be addressed in the site development plan. i. Due to factors including but not limited to the unique site design requirements or physical site constraints such as critical areas or utility easements, the maximum setback cannot be met; or ii. One (1) or more of the above criteria would not be furthered or would be impaired by compliance with the maximum setback; or iii. Any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. 16. The following height requests may be allowed by an administrative conditional use permit: Reserved. APPLICABLE ZONE HEIGHT CHANGE REQUEST All of the CV Zone Exceed height of 50 feet Exceed height of 45 feet when abutting R‐6, R‐8, or R‐10 Zone All of the CA Zone Exceed maximum height In consideration of a request for a Conditional Use Permit for additional building height, all relevant information and the following factors shall be considered along with the criteria in RMC 4‐9‐030, Conditional Use Permits: ORDINANCE NO. 5965 10 a. Location Criteria: Proximity of arterial streets that have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c. Effect on Adjacent or Abutting Properties: Building heights shall not result in substantial or undue adverse effects on adjacent and abutting property. When a building in excess of the maximum height is proposed adjacent to or abutting a lot zoned residential, the setbacks shall be equivalent to the requirements of the adjacent Residential Zone if the setback standards exceed the requirements of the Commercial Zone. 17. Heights may exceed the zone’s maximum height under Hearing Examiner Conditional Use PermitReserved. 18. Allowed Projections into Setbacks: a. Steps and decks having no roof and being not over forty‐two inches (42") in height may be built within a front yard setback. b. Eaves and cornices may project up to twenty‐four inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a distance of thirty feet (30’) from the rear lot line may also occupy the side yard setback of an inside lot line. ORDINANCE NO. 5965 11 d. Where below‐grade structures are permitted to have zero (0) front yard/street setbacks, structural footings may minimally encroach into the public right‐of‐way, subject to approval of the Community and Economic Development Administrator. 19. Specified development standards may be modified with an approved Master Plan. 20. Public facilities are allowed the following height bonus: publicly owned structures shall be permitted an additional fifteen feet (15') in height above that otherwise permitted in the zone if “pitched roofs,” as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than seventy‐five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy‐five feet (75') to the highest point of the building: a. When abutting a public street, one (1) additional foot of height for each additional one and one‐half feet (1‐1/2') of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged; and b. When abutting a common property line, one (1) additional foot of height for each additional two feet (2') of perimeter building setback beyond the minimum required along a common property line; and ORDINANCE NO. 5965 12 c. On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage by buildings for public amenities such as recreational facilities, and/or landscaped open space areas, etc., when these are open and accessible to the public during the day or week. 21. Assisted living facilities are eligible for bonus density pursuant to RMC 4‐9‐065, Density Bonus Review. 22. Minimum density requirements do not apply to assisted living facilities in the CO zone. 23. Reserved. 24. Reserved. 25. Reserved. SECTION VI. The Height standards in subsection 4‐2‐130.A of the Renton Municipal Code are amended as shown below. All other standards in 4‐2‐130.A remain in effect and unchanged. 4‐2‐130.A DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS IL IM IH LOT DIMENSIONS Minimum Lot Size for lots created after September 1, 1985 35,000 sq. ft. Minimum Lot Width/Depth for lots None ORDINANCE NO. 5965 13 IL IM IH created after September 1, 1985 LOT COVERAGE Maximum Lot Coverage for Buildings 65% of total lot area or 75% if parking is provided within the building or within a parking garage None HEIGHT Maximum Building Height5, except for Public Facilities5,13 50 ft., except 100 ft. if lot is located in the Employment Area (EA). Heights may exceed the Zone’s maximum height with a Conditional Use Permit.4,13 None Maximum Height for Wireless Communication Facilities5 See RMC 4‐4‐140. SETBACKS8,11 Minimum Front Yard Principal Arterial streets:12 20 ft. Other streets: 15 ft.; provided, that 20 ft. is required if a lot is adjacent to or abutting a lot zoned residential. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned residential. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Minimum Secondary Front Yard Principal Arterial streets:12 20 ft. Other streets: 15 ft. Except 50 ft. is required if a lot is adjacent to or abutting a lot zoned residential. Principal Arterial streets:12 20 ft. Other streets: 15 ft. Minimum Freeway Frontage Setback 10 ft. landscaped setback from the property line. ORDINANCE NO. 5965 14 IL IM IH Minimum Rear and Side Yards11 None, except 20 ft. if lot is adjacent to or abutting a lot zoned residential; which may be reduced to 15 ft. through the Site Plan development review process. None, except 50 ft. if lot is adjacent to or abutting a lot zoned residential. None, except 50 ft. if lot abuts a lot zoned residential. 20 ft. if lot abuts a lot zoned CN, CV, CA, CD, CO, COR, or lot with Public Facilities. Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4‐11‐030. LANDSCAPING General See RMC 4‐4‐070 SCREENING Minimum Required for Outdoor Loading, Repair, Maintenance or Work Areas; Outdoor Storage, Refuse or Dumpster Areas See RMC 4‐4‐095 Special Screening Requirements for Tow Truck Operations and Impoundment Yards NA 6 to 10 ft. high solid wall or sight‐obscuring fence required. LOADING DOCKS Location Not permitted on the side of the lot that is adjacent to or abutting a lot zoned residential.2 NA DUMPSTER/RECYCLING COLLECTION STATION OR CENTER Location of Refuse or Recycling Areas See RMC 4‐4‐090 PARKING General See RMC 4‐4‐080 and 10‐10‐13 SIGNS General See RMC 4‐4‐100 CRITICAL AREAS General See RMC 4‐3‐050 and 4‐3‐090 ORDINANCE NO. 5965 15 SECTION VII. Subsection 4‐2‐130.B of the Renton Municipal Code is amended as follows: 4‐2‐130.B CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR INDUSTRIAL ZONING DESIGNATIONS 1. Reserved. 2. These provisions may be modified through the site development plan review where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., which have not been fully planned at the time of site plan development review. 3. Reserved. 4. To construct a building or structure in excess of fifty feet (50'), outside the EA, requires an Administrative Conditional Use Permit Reserved. 5. For uses located within the Federal Aviation Administration Airport Zones Airport Influence Area and Safety Compatibility Zones designated under RMC 4‐3‐020, Airport Related Height and Use Restrictions, in no case shall building height exceed the maximum allowed by that Section. 6. Reserved. 7. Reserved. 8. Specified development standards may be modified by an Administrative Conditional Use Permit in the Employment Area, or by a Hearing Examiner Conditional Use Permit outside the Employment Area. 9. Reserved. ORDINANCE NO. 5965 16 10. Reserved. 11. Allowed Projections into Setbacks: a. Eaves and cornices may extend over the required setback for a distance of up to twenty‐four inches (24"). b. Accessory buildings when erected so that the entire building is within a distance of thirty feet (30') from the rear lot line may also occupy the side yard setback of an inside lot line. c. Steps and decks having no roof and not exceeding forty‐two inches (42") high may be built within a front setback. 12. References to “principal arterial streets” include principal arterials as defined in the Arterial Street Plan and depicted in RMC 4‐2‐080.E. 13. Public facilities are allowed the following height bonus: publicly owned structures shall be permitted an additional fifteen feet (15') in height above that otherwise permitted in the zone if “pitched roofs,” as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than seventy‐five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy‐five (75') to the highest point of the building: a. When abutting a public street, one (1) additional foot of height for each additional one and one‐half feet (1‐1/2') of perimeter building setback ORDINANCE NO. 5965 17 beyond the minimum street setback is required at street level unless such setbacks are otherwise discouraged (e.g., inside the Center Downtown Zone); b. When abutting a common property line, one (1) additional foot of height for each additional two feet (2') of perimeter building setback beyond the minimum is required along a common property line; and c. On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage for public amenities such as recreational facilities, and/or landscaped open space areas, etc., when these are open and accessible to the public during the day or week, is permitted. SECTION VIII. Section 4‐9‐030 of the Renton Municipal Code, as it reads after passage and adoption of Ordinance No. 5960, is amended as follows: 4‐9‐030 CONDITIONAL USE PERMITS: A. PURPOSE: The purpose of this Section is to set forth procedures and criteria for reviewing Conditional Use Permit applications. Conditional Use Permits allow for review of certain uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to conditions and mitigation measures that protect public health, safety and welfare and ensure compatibility with other uses in the district. B. APPLICABILITY: ORDINANCE NO. 5965 18 Except for Shoreline Conditional Uses per RMC 4‐9‐190, Shoreline Permits, the provisions of this Section shall apply to all Conditional Use Permit applications. No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Section. C. REVIEW AUTHORITY: 1. General: RMC 4‐2‐050C explains how to interpret the Zoning Use Tables. Uses identified with an “AD” (Conditional Use – Administrative) in RMC 4‐2‐060, Zoning Use Table, shall be reviewed administratively by the Community and Economic Development Administrator while uses identified with an “H” (Conditional Use – Hearing Examiner) shall require a public hearing and review by the Hearing Examiner. 2. Exception when Significant Concerns Remain: In cases where the Administrator and/or the Environmental Review Committee determines that there are significant unresolved concerns raised by a proposal that would otherwise be reviewed administratively, the Administrator and/or the Environmental Review Committee may issue a determination that a public hearing and Hearing Examiner review is required. Such determination may be appealed to the Hearing Examiner pursuant to RMC 4‐8‐110E. D. DECISION CRITERIA: ORDINANCE NO. 5965 19 Except for wireless communication facilities, and increases to maximum height and/or density, the Administrator or the Hearing Examiner shall consider, as applicable, the following factors for applications: 1. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. 2. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. 3. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. 4. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 5. Parking: Adequate parking is, or will be made, available. 6. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 7. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. ORDINANCE NO. 5965 20 8. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. 9. Specific Requirements for Kennels and Pet Day Cares: In addition to the criteria above, the following criteria shall also be considered for kennel and pet day care applications: a. History: Past history of animal control complaints relating to the applicant’s dogs and cats at the address for which the kennel and/or pet day care is located or to be located. Conditional Use Permits shall not be issued for kennels or pet day cares to applicants who have previously had such permits revoked or renewal refused, for a period of one year after the date of revocation or refusal to renew. b. Standards for Keeping Animals: The applicant or facility owner shall comply with the requirements of RMC 4‐4‐010, Animal Keeping and Beekeeping Standards. 10. Specific Requirements for Secure Community Transition Facilities (SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS): In addition to the criteria in subsections D1 through D8 of this Section, the following criteria shall be considered for secure community transition facilities, crisis diversion facilities, and interim service facilities: a. Whether alternative locations were reviewed and consideration was given to sites that are farthest removed from any risk potential activity; ORDINANCE NO. 5965 21 b. Whether adequate buffering is provided from abutting and adjacent uses; c. Whether adequate security is demonstrated by the applicant; d. Whether public input was provided during the site selection process; and e. For SCTF there is no resulting concentration of residential facility beds operated by the Department of Corrections or the Mental Health Division of the Department of Social and Health Services, the number of registered sex offenders classified as Level II or Level III, and the number of sex offenders registered as homeless in a particular neighborhood, community, jurisdiction or region. 11. Specific Requirements for Live‐Work Units: In addition to the criteria in subsections D1 through D8 of this Section and the development standards of the zone where the unit(s) is proposed, the following criteria shall be considered: a. Each unit shall: i. Not exceed a maximum of one thousand (1,000) square feet of nonresidential space for commercial activity; ii. Include all nonresidential space, to the maximum allowed, constructed to commercial building standards; iii. Provide an internal connection between the residential and nonresidential space within each unit; and ORDINANCE NO. 5965 22 iv. Provide a street presence and pedestrian‐oriented facade for the nonresidential space. b. Only the following uses are allowed within the nonresidential space of a unit: i. Eating and drinking establishments; ii. On‐site services; and iii. Retail sales. c. Within the Residential‐14 (R‐14) Zone, live‐work units shall only be allowed along primary, minor, and collector arterials. d. Within the Commercial Arterial (CA) Zone, live‐work units shall only be allowed at a distance of one hundred fifty feet (150') or greater from an arterial. E. DECISION CRITERIA – WIRELESS COMMUNICATION FACILITIES: 1. Decision Criteria: In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections E1a through i of this Section shall be considered in determining whether to issue a conditional use permit for a wireless communication facility (WCF) except a small cell facility; however, the Administrator may waive or reduce the burden on the applicant of one or more of these criteria if the Administrator concludes that the goals of RMC 4‐4‐140, Wireless Communication Facilities, are better served by the applicant’s proposal. In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections E1a through d and f of this section shall be considered in determining whether to issue an administrative conditional use permit for a small ORDINANCE NO. 5965 23 cell facility; however, the Administrator may waive or reduce the burden on the applicant of one or more of these criteria if the Administrator concludes that the goals of RMC 4‐4‐140, Wireless Communication Facilities, are better served by the applicant’s proposal: a. Height and Design: The height of the proposed tower and/or antenna as well as incorporation of design characteristics that have the effect of reducing or eliminating visual obtrusiveness. b. Proximity to Surrounding Uses: The nature of uses on adjacent and nearby properties and the proximity of the tower and/or antenna to residential structures and residential district boundaries. c. Nature of Surrounding Uses: The nature of uses on adjacent and nearby properties. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. d. Topography and Vegetation: The surrounding topography and tree canopy coverage. e. Ingress/Egress: The proposed ingress and egress. f. Impacts: The potential noise, light, glare, and visual impacts. g. Collocation Feasibility: The availability of suitable existing towers and other structures to accommodate the proposal. h. Consistency with Plans and Regulations: The compatibility with the general purpose, goals, objectives and standards of the Comprehensive Plan, this Title, and any other City plan, program, map or ordinance. ORDINANCE NO. 5965 24 i. Landscaping: Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. 2. Revisions to Conditional Use Permits for Wireless Communication Facilities: In lieu of the criteria in RMC 4‐9‐030G, Major and Minor Revisions, the following criteria shall be considered in determining whether a proposed alteration to a wireless communication facility, including a small cell facility, constitutes a major or minor revision to a previously approved conditional use permit: a. Major Revision: A proposed major alteration to an existing WCF tower, as defined by RMC 4‐4‐140E, Alteration of Existing Tower, shall be deemed a major revision. Major revisions to an approved Conditional Use Permit shall require a new application. For major revisions that, due to extraordinary circumstances, would result in a highly unreasonable and unconscionable burden on the applicant or permit holder, if the applicant or permit holder were required to go through a new application process, the Administrator may permit the major revision to be treated as a minor revision. b. Minor Revision: A proposed minor alteration to an existing WCF tower, as defined by RMC 4‐4‐140E, Alteration of Existing Tower, shall be deemed a minor revision. Minor revisions may be permitted by an administrative determination. F. DECISION CRITERIA – HEIGHT INCREASES: ORDINANCE NO. 5965 25 In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections F1 through 5 of this section shall be considered in determining whether to issue a conditional use permit to exceed the maximum height allowed when indicated as an option in the development standards for the particular zone: 1. Comprehensive Plan: The proposed height increase shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. 2. Effect on Abutting and Adjacent Properties: Building heights shall not result in substantial or undue adverse effects on adjacent and abutting property. When a building in excess of the maximum height is proposed adjacent to or abutting a lot with a maximum height less than the subject property, increased setbacks and/or step‐backs may be appropriate to reduce adverse effects on adjacent or abutting property. 3. Bulk and Scale: Upper floor step‐backs, varied tower heights with separation, and/or other architectural methods shall be integrated into the design to provide a human‐scaled building edge along the street with access to sky views. Bulk reduction methods such as varied building geometry, variety in materials, texture, pattern or color, architectural rooftop elements, and/or other techniques shall be provided. ORDINANCE NO. 5965 26 4. Light and Glare: Buildings(s) shall be designed so that light and glare impacts upon streets, public facilities, and public open spaces are minimized. 5. Shade and Shadow: Building(s) shall be designed so that shade and shadow impacts on adjacent shadow‐sensitive uses (e.g., residential, outdoor restaurants, open spaces, and pedestrian areas) are minimized. G. DECISION CRITERIA – DENSITY INCREASES: In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections G1 through 5 of this section shall be considered in determining whether to issue a conditional use permit to exceed the maximum net residential density allowed when indicated as an option in the development standards for the particular zone: 1. Comprehensive Plan: The proposed density increase shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. 2. Location: The surrounding street network contains sufficient capacity to accommodate pedestrian and vehicle traffic. Public transit shall be accessible to residents. 3. Diverse unit mix: The development shall not be limited to studio and/or one (1) bedroom units and shall provide a mix of bedroom counts to accommodate families with more than two (2) members. ORDINANCE NO. 5965 27 4. Light and air: Units shall provide adequate access to light and air. Units shall abut the building’s exterior walls and contain windows. 5. Parking: The development shall provide adequate parking for residents and guests. H. DECISION CRITERIA – ACCESSORY DWELLING UNIT (ADU) OWNER OCCUPANCY EXEMPTION: In addition to the criteria in subsection D of this Section, Decision Criteria, the following criteria in subsections H1 through H5 of this Section apply to an ADU application seeking an exemption from owner occupancy requirements. 1. New Construction: As a condition of approval, both the primary and ADU must be new construction. Building permit review for the primary dwelling and ADU shall be submitted simultaneously. 2. Maintenance Bond: As a condition of approval, the person or persons holding title to the property shall execute a maintenance bond to ensure the property owner remains responsible for continued maintenance of dwellings, on‐ site landscaping, and other site maintenance as determined by the Administrator. 3. Quantity: There shall be a minimum of two (2) lots each with a primary structure and an ADU. The two lots shall be abutting unless otherwise approved as part of a plat application. 4. Affordability: Fifty percent (50%) of the total units shall be designated as and remain affordable at sixty percent (60%) of the Area Median Income (AMI). ORDINANCE NO. 5965 28 The property owner/applicant shall demonstrate experience and/or ability to provide affordable housing and identify a third‐party entity who will document compliance with the affordable housing requirements for annual reporting. Within thirty (30) days after the first anniversary of the issuance the Certificate of Occupancy and each year thereafter for thirty (30) years, the applicant/owner shall file an annual report with the Administrator. The report shall contain such information as the Administrator may deem necessary or useful, and shall at a minimum include the following information: a. A certification that the project has been in compliance with the affordable housing requirements since the City issued the project’s Certificate of Occupancy and that the project continues to be in compliance with the contract entered into with the City per subsection H5 and with the requirements of this subsection; b. The number of dwellings sold during the twelve (12) months ending with the anniversary date; c. The total sale amount of each affordable housing unit for households at or below sixty percent (60%) of the area median income sold during the twelve (12) months ending with the anniversary date, as applicable; d. The income of each purchaser (at the time of purchase) of an affordable housing unit for households at or below sixty (60%) percent of median income during the twelve (12) months ending with the anniversary date, as applicable; and ORDINANCE NO. 5965 29 e. Documentation that a third‐party entity has monitored the project’s compliance with the non‐owner occupancy exemption, including but not limited to the affordable housing requirements. 5. Contract: If the Conditional Use Permit is approved, the applicant/owner shall enter a contract with the City, approved by the Administrator, regarding the terms and conditions of this project under this subsection H. The contract shall be executed and recorded against the subject real property at the applicant/owner’s expense before the issuance of the Certificate of Occupancy. If the applicant/owner fails to timely execute and record the contract the CUP shall be revoked and onsite owner occupancy shall be required. FI. PROCEDURES: 1. General: Applications shall be reviewed in accordance with chapter 4‐8 RMC, Permits – General and Appeals. 2. Pre‐application Conference: Applicants are encouraged to consult early and informally with representatives of the Planning Division and other affected departments. 3. Submittal Requirements and Application Fees: Submittal requirements shall be as listed in RMC 4‐8‐120C, Land Use Permit Submittal Requirements, as it exists or may be amended. 4. Public Notice and Comment Period Required: Whenever a complete application is received, the Planning Division shall be responsible for providing ORDINANCE NO. 5965 30 public notice of the pending application, pursuant to RMC 4‐8‐090, Public Notice Requirements, as it exists or may be amended. 5. Determining Necessity for Public Hearing: Upon receipt of the final departmental comments and after the close of the public comment period, the Administrator and/or the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection C2 of this Section. 6. Administrative Approvals: For projects not requiring a public hearing, the Administrator shall take action on the proposed Conditional Use Permit in accordance with the procedures in RMC 4‐8‐100, as it exists or may be amended. 7. Hearing Process and Examiner Authority: For projects requiring a public hearing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4‐8‐100, Application and Decision – General, as it exists or may be amended. 8. Decision and Conditions: The Administrator may grant a Conditional Use Permit, with or without conditions, or deny the requested Conditional Use Permit. The Administrator or Hearing Examiner shall have authority to grant the Conditional Use Permit upon making a determination, in writing, that the use is consistent with the applicable decision criteria in this Section. The Administrator or Hearing Examiner may require additional setbacks, fencing, screening, soundproofing, public improvements or any other appropriate measures necessary to ensure compatibility with the surrounding neighborhood, and may specify the term and duration of the Conditional Use Permit. Conditions imposed ORDINANCE NO. 5965 31 by the Administrator or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop. 9. Timeline to Apply for Associated Permits: Building permits, licenses or land use permits required for the operation of a Conditional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval, unless an extended time frame is granted by the Administrator or Hearing Examiner. A single two (2) year extension may be granted for good cause by the Administrator. GJ. MAJOR AND MINOR REVISIONS: 1. Major Revisions: Major revisions to an approved Conditional Use Permit shall require a new application. For major revisions that due to extraordinary circumstances would result in a highly unreasonable and unconscionable burden on the applicant or permit holder, if the applicant or permit holder was required to go through a new application process, the Administrator may permit the major revision to be treated as a minor revision. 2. Minor Revisions: Minor revisions may be permitted by an administrative determination if the revision does not: a. Involve more than a ten percent (10%) increase in area or intensity of the use; or b. Result in any significant environmental impact not adequately reviewed or mitigated by previous documents; or c. Expand onto property not included in original proposal. ORDINANCE NO. 5965 SECTION IX. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION X. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 2nd day of March, 2020. Jason A. eth, City erk APPROVED BY THE MAYOR this 2nd day of March, 2020. ndo Pavone, Mayor Approved as to form: r y Shane Moloney, City Attorney Date of Publication: 3/6/2020 (Summary) ,;-; ��ga�p kl4f itlVt\1��e ORD:2100:2/10/2020 32 ORDINANCE NO. 5965 33 [ATTACHMENT A] 4‐2‐120.B DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR DENSITY (Dwelling Units per Net Acre) Minimum Net Residential Density 25 dwelling units per net acre.9The minimum density requirements shall not apply to the subdivision and/or development of a legal lot 1/2 acre or less in size as of March 1, 1995. 75 dwelling units per net acre.22Where a development involves residential, the minimum density shall be 30 dwelling units per net acre.9 The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. Maximum Net Residential Density9 100 dwelling units per net acre.Density may be increased to 150 dwelling units per net acre subject to administrative conditional use permit approval.1, 21 150 dwelling units per net acre.Density may be increased up to 250 dwelling units per net acre subject to administrative conditional use permit approval.1, 21 50 dwelling units per net acre.1, 21 The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or ORDINANCE NO. 5965 34 [ATTACHMENT A] CD CO COR office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. HEIGHT Maximum Building Height 95 ft. Heights may exceed the Zone’s maximum height with a Conditional Use Permit.6,10 250 ft.6,12 10 stories and/or 125 ft.6 Maximum Building Height When a Lot Is Abutting7 a Lot Designated as Residential 20 ft. more than the maximum height allowed in the abutting residential zone. Heights may exceed the maximum height with a Hearing Examiner Conditional Use Permit.6,17 20 ft. more than the maximum height allowed in the abutting residential zone.6 Determined through site plan review. Maximum Height for Wireless Communication Facilities6 See RMC 4‐4‐140