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HomeMy WebLinkAboutAPL_Notice_of_Appeal_200520_v11
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NOTICE OF OBJECTION AND APPEAL - 1 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
In the matter of the rejection of the minor
modification application, submitted by Solera,
LLC, to the Solera master site plan (City File
LUA18-000490)
2902 NE Sunset Blvd, Renton, WA 98056
NOTICE OF APPEAL
A. Matter being appealed
On May 4, 2020, Appellant, Solera, LLC, a development affiliate of local affordable
housing developer DevCo, LLC (hereafter, “DevCo”1), submitted an application (the
“Application”) for a minor modification of the approved Master Plan for the Solera site (City File
LUA18-000490). A copy of that Application is attached as Exhibit A to this Notice. In a letter
dated May 7, 2020, the City of Renton rejected the Application because, the City contended, the
Application was barred by a moratorium (Ord. 5967, enacted April 6, 2020) (the “Moratorium”).
A copy of the City’s rejection letter is attached as Exhibit B to this Notice. A copy of the
1 Because this appeal involves the Solera Master Plan, and the applicant is “Solera, LLC,” we will refer to
Solera, LLC as “DevCo” to avoid confusion. In addition, title to the property addressed in Section B of this
Notice of Appeal is held by Solera Manager, LLC, another affiliate of DevCo, LLC, also referred to as “DevCo”
for purposes of this appeal.
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NOTICE OF APPEAL - 2 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
Moratorium was enclosed with the City’s rejection letter, and is attached as Exhibit C to this
Notice. DevCo appeals the rejection of its Application.
B. Statement of appellant’s interest
DevCo owns property within the Solera site, and is appealing the rejection of its own
Application relating to that property. DevCo has standing pursuant to Renton Municipal Code
(RMC) 4-8-110(C)(1).
C. Issues on appeal
The City rejected the Application solely on the basis that it is barred by the Moratorium.
The only issue for appeal is whether the Moratorium is a lawful basis for the Application’s
rejection. DevCo asks the Hearing Examiner to find that the Moratorium is unlawful and void
because it violates Proclamation 20-28, issued by Governor Inslee on March 24, 2020.2 A copy
of Proclamation 20-28 is attached as Exhibit D to this Notice.
1. Proclamation 20-28
In response to the outbreak of COVID-19 in Washington, Governor Inslee issued
Proclamation 20-05 on February 29, 2020, proclaiming a State of Emergency throughout
Washington. Governor Inslee issued that proclamation pursuant to his legislatively delegated
authority under ch. 43.06 RCW and other statutes.
On March 24, 2020, Governor Inslee amended his declaration of emergency—
Proclamation 20-05—with Proclamation 20-28. Among other things, Proclamation 20-28
2 DevCo will seek to amend this Notice of Appeal if it concludes other bases exist to challenge the rejection of
its Application or the legality of the Moratorium. For example, on April 9, 2020, DevCo made a public records
request for documents relating to the Moratorium, and while an initial set of documents has been produced, the
City has told DevCo to expect at least one additional production.
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NOTICE OF APPEAL - 3 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
suspended portions of Washington’s Open Public Meetings Act (“OPMA”), ch. 42.30 RCW, to
curtail the spread of COVID-19 through activities that require in-person settings. Accordingly,
Proclamation 20-28 prohibits public agencies from conducting meetings unless the meetings are
not “in-person,” and unless other conditions are met.
Because of his suspensions of OPMA requirements, and to help preserve and maintain
life, health, and property, the Governor further prohibited public agencies from
taking “action,” as defined in RCW 42.30.020, unless those
matters are necessary and routine matters or are matters necessary
to respond to the COVID-19 outbreak and the current public health
emergency, until such time as regular public participation under
the Open Public Meetings Act is possible.
That prohibition, issued pursuant to the Governor’s authority under RCW 43.06.220(1)(h), lasts
until the Governor declares an end to the State of Emergency or otherwise lifts the prohibition.
Other portions of Proclamation 20-28 were to last for only 30 days, but were extended by the
Legislature as described in Proclamation 20-28.2. The Governor’s prohibition on agency action,
contained in Proclamation 20-28, has existed uninterrupted from March 24, 2020 through the date
of this appeal.
2. Interpretive guidance from the Attorney General
On March 26, 2020, the Attorney General issued guidance for public agencies interpreting
Proclamation 20-28. That guidance is attached as Exhibit E to this Notice of Appeal.
The Attorney General’s guidance reiterates that public agencies may take action only if it
involves matters both necessary and routine, or if “necessary to respond to the COVID-19
outbreak and the current public health emergency.” The Attorney General advised that
“necessary” has its ordinary meaning, and means “essential” or “required to be done.” The
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NOTICE OF APPEAL - 4 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
Attorney General suggested that action might be “necessary” if required by law or court order, or
essential to keep public services intact.
The Attorney General advised that a matter would be “routine” if “performed as part of a
regular procedure rather than for a special reason.” The Attorney General suggested that
approving payroll would be routine, but that “only a ‘special reason’ might prompt a governing
body to discuss a potential new policy it might want to adopt later next year.”
The Attorney General also discussed actions that might be necessary to respond to
COVID-19, and reiterated that the word “necessary” means “required to be done” or “essential.”
The Attorney General urged public agencies to “make a reasonable judgment that focuses” on
what is necessary to respond to the public health emergency, and “to wait on other matters until
the public has its normal methods to attend” public meetings.
The Attorney General further urged public agencies to recognize “that at this time public
attendance at OPMA meetings is more restricted than normal as a consequence of the outbreak,”
and that COVID-19 “may affect [the public’s] otherwise robust ability to access and provide
oversight of their government.” Accordingly, the Attorney General suggested that agencies “keep
in mind the OPMA’s open government cornerstones,” which “would support reasons to
temporarily limit a governing body’s usual business during this outbreak.”
3. The Moratorium (Ord. 5967)
Notwithstanding Proclamation 20-28 and the Attorney General’s guidance, the Renton
City Council passed the Moratorium on April 6, 2020. The City is a public agency subject to the
OPMA. Passage of the Moratorium constitutes agency action under the OPMA.
The Moratorium suspends submission or acceptance of any land use applications for
projects providing 150 or more residential units in specified zones within the Sunset Area. The
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NOTICE OF APPEAL - 5 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
Moratorium also suspends the submission or acceptance of applications for waived fees for large
residential projects. The Moratorium is in effect until at least October 6, 2020. The Moratorium
encompasses property DevCo owns, and property that DevCo has under contract, within the
Sunset Area.
In the text of the Moratorium, the City Council concludes that the Moratorium complies
with Proclamation 20-28. The City Council, in the Moratorium, made the following “findings of
fact”3:
The City’s Community and Economic Development Department (“CED”)
regularly undertakes work programs to propose amendments to Title IV of the
Renton Municipal Code (relating to development);
One such CED work program relating to large residential projects was begun
“prior to the declaration of emergency related to COVID-19,” but is “now delayed
due to the emergency;”
It is in the City’s “best interests and beneficial to its residents that the work
program process be deferred;”
It is “further in the best interest of the City and its residents to impose a
moratorium on all modification applications and all other land use applications”
relating to large residential projects “until this work program is advancing again;”
Large residential projects are “of particular interest in the Sunset Area” and the
City has “invested a significant amount of public money in infrastructure
3 Although cast as findings of fact, several of the Moratorium’s key findings, including findings related to its
conformance with Proclamation 20-28, are actually conclusions of law.
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NOTICE OF APPEAL - 6 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
improvements in the Sunset Area in an effort to stimulate private investment in
new market rate housing;”
It is in the “residents’ and City’s best interest to balance the distribution of
affordable and market rate housing;”
The City “seeks adequate time to review the best practices that support the
development of housing opportunities for a wide variety of incomes and, if
desired, accordingly update applicable provisions of the Renton Municipal Code;”
and
The City Council “has determined that there is a need for a moratorium on
accepting any land use application” involving a large residential project within
specified zoning districts in the Sunset Area.
The City Council further found that the “subject” of the Moratorium complies with Proclamation
20-28 “because the matters at issue are necessary; because the matters relate to the routine work
of CED in monitoring and responding to development trends in the City; and because COVID-19
stay home proclamations slow the City’s ability to amend its development regulations because
full public participation is not possible” while the proclamations are in place.
These “findings” are insufficient to satisfy Proclamation 20-28. The Moratorium is not
necessary. The Moratorium represents a discretionary (not necessary) policy preference of the
City Council to alter the status quo and stop land use applications under its current ordinances
while the City considers discretionary (not necessary) policy changes it presently believes may be
“beneficial” or in the City’s “best interests.” The Moratorium also is not routine. If it had been
either necessary or routine it would have been implemented as a matter of course at the outset of
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NOTICE OF APPEAL - 7 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
the CED’s work program. It was not. Moratoria such as this are rare and often controversial.
Research has revealed only five moratoria passed by the City of Renton during the last decade.
The Moratorium also is not necessary to respond to the COVID-19 outbreak. The City
and its City Council have many essential functions, and key roles in ensuring that important
government services are maintained during this public health emergency. The Moratorium has
nothing to do with responding to the public health emergency. It represents a discretionary policy
preference to alter the status quo and halt certain land use applications while the City considers
policy changes it may not even enact.
Indeed, rather than conform to the Governor’s Proclamation limiting actions during the
pandemic, the City went the opposite direction. In adopting the Moratorium, the City set in
motion a statutory process that requires a public hearing to be held within 60 days. The statutory
hearing provides the only prescribed venue to be heard on the action, but the timing of the City’s
action directly inhibits the opportunity for public comment. The public needs information to
understand and comment on the City’s sudden action, but that action was taken when access to
public records, public meetings, City staff, and elected officials is greatly restricted. Because the
effect of the Moratorium is to restrict applications like DevCo’s, which includes the development
of senior and affordable housing, there may be many members of the public who would like to
comment, but whose ability to do so effectively has been stifled.
The Moratorium is precisely the sort of discretionary policy action Proclamation 20-28
was issued to prohibit, and precisely the sort of non-essential action the Attorney General warned
public agencies against taking. In enacting the Moratorium, the City Council exceeded its
authority under state law, including under relevant statutes and the Washington Constitution.
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NOTICE OF APPEAL - 8 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
4. Other municipalities’ responses to Proclamation 20-28
Other cities have suspended consideration of discretionary policy changes while
Proclamation 20-28 is in place. The Seattle City Council, for example, stopped consideration of a
tax initiative because it concluded its activities were violating Proclamation 20-28. A copy of a
memorandum drafted by Seattle City Council President M. Lorena Gonzalez is attached to this
Notice of Appeal as Exhibit F. On the other side of the State, the City of Cheney also announced
that it would delay consideration of any “changes to city policy or regulation” while Proclamation
20-28 is in place. A copy of an April 14, 2020 Cheney City Council agenda is attached to this
Notice of Appeal as Exhibit G. These are examples of appropriate responses to Proclamation 20-
28.
5. DevCo’s Application
DevCo filed its Application on May 4, 2020. It was rejected solely on the basis of the
Moratorium.
D. Relief requested
DevCo asks that the Hearing Examiner find the Moratorium violates Proclamation 20-28,
and that the Moratorium is void ab initio because it violates constitutional provisions, exceeds the
City’s jurisdiction or authority, or is otherwise unlawful. RMC 4-8-110(E)(4)(b). DevCo asks
that the Hearing Examiner reverse the City’s rejection of the Application and issue an order
requiring the City to accept the Application and consider it under the land use ordinances and
regulations in effect at the time of application, absent the Moratorium.
//
//
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NOTICE OF APPEAL - 9 HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Tel: (206) 623-1745
Facsimile: (206) 623-7789
DATED this 20th day of May, 2020.
HILLIS CLARK MARTIN & PETERSON P.S.
By
Jake Ewart, WSBA #38655
Ann M. Gygi, WSBA #19912
Attorneys for Solera, LLC
ND: 16368.00601 4835-4667-8204v6
EXHIBIT A
Devco Solera Modification
DEPARTMENT OF COMMUNITY
A ND ECONOMIC DEVELOPMENT
CITY OF
enton
MSA
SUBMITTAL REQUIREMENTS
M ASTER SITE PLAN APPROVAL
Planning Division
1055 South Grady Way-Renton, WA 98057
P hone: 425-430-7200 I www.rentonwa.gov
PURPOSE: To assure the site plan is compatible with both the physical characteristics of the site and the
existing and potential uses of the surrounding area. In addition, the Master Plan process is a guide to
p hased planning of development projects with multiple buildings on a single large site.
FREE CONSULTATION MEETING: Prior to submitting an application, the applicant should informally
d iscuss the proposed development with the Planning Division. The Planning Division will provide
assistance and detailed information on the City's requirements and standards. Applicants may also take
t his opportunity to request the waiver of the City's typical application submittal requirements, which
m ay not be applicable to the specific proposal. For further information on this meeting, see the
i nstruction sheet entitled "Submittal Requirements: Pre-Application."
COMPLETE APPLICATION REQUIRED: In order to accept your application, each of the numbered items
m ust be submitted at the same time. If you have received a prior written waiver of a submittal item(s)
d uring a pre-application meeting, please provide the waiver form in lieu of any submittal item not
p rovided.
APPLICATION SCREENING: Applicants are required to bring in a CD or USB portable (flash/hard) drive (or
other device or pathway as approved by your assigned project manager) with one PDF file of the
a pplication package for informal review by staff, prior to scheduling an intake meeting. Please allow
a pproximately 45 minutes for application screening.
APPLICATION SUBMITTAL HOURS: Applications should be submitted to Planning Division staff at the 6th
floor counter of Renton City Hall, 1055 South Grady Way, between 8:00 a.m. and 4:00 p.m. Monday
through Friday. Please call your assigned project manager to schedule an appointment or call 425-430-
7294 to reach the Planning Division. Due to the screening time required, applications delivered by
m essenger cannot be accepted.
ADDITIONAL PERMITS: Additional permits from other agencies may be required. It is the applicant's
responsibility to obtain these other approvals. Information regarding these other requirements may be
found at http://apps.oria.wa.gov/opas/
A ll Plans and Attachments are subject to Electronic File Standards I
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APPLICATION MATERIALS:
Dre-Application Meeting Summary:
m eeting."
-P—Z,----tNaiver--F-or-m:-l#-va-u-re-Geiveel-a-waiver-fer-m-d-u-Fing-ef-after-a2Lpfe-ataplieatio-n-m-eet-irrgT'
I x 3. Land Use Permit Master Application Form: The application must have notarized signatures of
A LL current property owners listed on the Title Report. If the property owner is a corporation,
the authorized representative must attach proof of signing authority on behalf of the
corporation. The legal description of the property must be attached to the application form.
[Application included]
FT] 4. Fees: The application must be accompanied by the required application fee (see Fee Schedule).M odification fee will be based on the whether the application is determined to be a major modification or minor modification.
City of Renton and cannot be accepted tor over the total tee amount. Credit cards may also be
used to pay required application fees. Fees are paid at Cashier on the 1st Floor City Hall.
[Minor modification fee submitted]
5. Project Narrative: A clear and concise description and summary of the proposed project,
i ncluding the following: See attached narrative regarding modification, otherwise, No Change.
A pplication package also includes phasing plan.]
a. Project name, size and location of site;
b. Zoning designation of the site and adjacent properties;
c. Current use of the site and any existing improvements;
d. Special site features (i.e., wetlands, water bodies, steep slopes);
e. Statement addressing soil type and drainage conditions;
f. Proposed use of the property and scope of the proposed development (i.e., height, square
footage, lot coverage, parking, access, etc.);
g. Proposed off-site improvements (i.e., installation of sidewalks, fire hydrants, sewer main,
etc.);
h. Total estimated construction cost and estimated fair market value of the proposed project;
i. Estimated quantities and type of materials involved if any fill or excavation is proposed;
j. Number, type and size of trees to be removed;
k. Explanation of any land to be dedicated to the City; and
I. For shoreline applications only:
i. Name of adjacent water area or wetlands,
i i. Nature of existing shoreline - describe:
• Type of shoreline (i.e., lake, stream, lagoon, marsh, bog, floodplain, floodway);
Please add the following to the project narrative: indicate the percentages of market rate and affordable
u nits; provide a side by side comparison of changes from approved master site plan; and prepare a
illustrative phasing plan with estimated completion dates for each phase.
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• Type of beach (i.e., accretion, erosion, high bank-low bank);
• Type of material (i.e., sand, gravel, mud, clay, rock, riprap); and
• The extent and type of any bulkheading, and
i ii. The number and location of structures and/or residential units (existing and
p otential) which might have views obstructed as a result of the proposed project; and
m. The proposed number, size, and density of the new lots, for subdivision applications only.
qX 6. Environmental Checklist: The standard State of Washington form required under WAC 197-11-
742 and 197-11-960. [Updated SEPA Checklist included]
q 7. Rezone, Variance, Modification, or Conditional Usc Justification: Plc\lse contact the Planning
D ivision to determine whether your project proposal triggers any additional land use permits. If
so, additional information may be required.
X 8. Density Worksheet: This can be found on the City's website [Density Worksheet included]
https://edocs.rentonwa.gov/Documents/ElectronicFile.aspx?docid=955782&dbid=1&repo=CityofRenton
15-(1 9. Plat Certificate or Title Report: A document prepared by a title insurance company
d ocumenting the ownership and title of all interested parties in the plat, subdivision, or
d edication and listing all encumbrances. In the case of a final plat, the certificate shall be dated
w ithin forty five (45) days prior to the approval of the final plat. [Current Title Report included]
7 10. Draft Legal Documents: Please provide any proposed street dedications, restrictive covenants,
d raft Homeowners Association, or any other legal documents pertaining to the development
a nd use of the property.
q 11. Urban Design Regulations Review Packet: A set of submission materials required for projects
subject to the Urban Design Regulations in RMC 4-3-100:
a. Site plan, land use review;
b. Elevations, architectural;
c. Floor plans general;
d. Narrative outlining how the applicant's proposal addresses the City's Urban Design
Regulations.
Note: Urban Design Regulation Check List can be found at
https://www.codequblishing.com/WA/Renton/html/Renton04/Renton0403/Renton0403100.ht
m l [No Change, except see unit sizing information in updated Architectural Plan sheets]
q 12. Affidavit of Installation of Public Information Sign(s): A notarized statement signed by the
a pplicant of applicant's representative attesting that the required public information sign(s) has
been installed in accordance with City Code requirements. [No Change]
A public information sign will be required if application is determined to be a major modification.
I 13. Affidavit of Installation of Public Outreach Sign(s) (only for projects with an estimated value
equal or greater than $10,000,000): Please complete and provide the attached notarized
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affidavit attesting the required public outreach sign(s) has been installed in accordance with the
City Code requirements. See attachment titled "Public Outreach Signs" for information about
t he size and location requirements for public outreach signs. [No Change]
14. Proof of Neighborhood Meeting (only for projects with an estimated value equal or greater
than $10,000,000): Please provide the following materials with the submittal of a complete
d evelopment application: [No Change]
a. A copy of the notice provided to surrounding property owners within three hundred feet
(300') of the proposed development site;
b. A copy of the mailing list used to send out meeting notices;
c. An affidavit of mailing and posting notice(s);
d. A copy of the meeting sign-in sheet;
e. Copies of materials presented at the meeting;
f. Notes of the meeting including a summary of oral and written comments received; and
g. If no members of the public attended the neighborhood meeting and/or persons in
attendance made no comments, the required submittal materials shall reflect the absence
of rnmmpnt attpnrianrp nr hnth
A neighborhood meeting may be required based on changes to the proposal from what was approved.
U 15. Neighborhood Detail Map: Please provide a map drawn at a scale of 1" = 100' or 1" = 200' (or
other scale approved by the Planning Division) to be used to identify the site location on public
n otices and to review compatibility with surrounding land uses. The map shall identify the
subject site with a much darker perimeter line than surrounding properties and include at least
two cross streets in all directions showing the location of the subject site relative to property
boundaries of surrounding parcels. The map shall also show: the property's lot lines, lot lines of
surrounding properties, boundaries of the City of Renton (if applicable), north arrow (oriented
to the top of the plan sheet), and graphic scale used for the map, and City of Renton (not King
County) street names for all streets shown. Please ensure all information fits on a single map
sheet. [No Change]
FiCI 16. Site Plan: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet
(1" = 20') (or other scale approved by the Planning Division Director or designee) clearly
i ndicating the following:
a. Name of proposed project;
b. Date, scale, and north arrow oriented to the top of the plan sheet;
c. Drawing of the subject property with all property lines dimensioned and names of adjacent
streets;
d. Widths of all adjacent streets and alleys;
e. The location of all existing public improvements including, but not limited to, curbs, gutters,
sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full
property frontage;
f. Location and dimensions of existing and proposed structures, parking and loading areas,
d riveways, existing trees on and abutting the site, existing or proposed fencing or retaining
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g.
walls, freestanding signs, easements, refuse and recycling areas, freestanding liquid fixtures,
utility junction boxes, public utility transformers, storage areas, buffer areas, open spaces,
a nd landscaped areas;
The location and dimensions of natural features such as streams, lakes, marshes and
wetlands. Include boundaries of utility, open space, and/or critical area(s) tracts, square
footage, and purpose statement of each tract. Clearly delineate the critical area and buffer
boundaries within the tract and indicate a dimension for buffer width;
h. Ordinary high water mark, existing and proposed, and name of water body if applicable;
i. For wireless communication facilities, indicate type and locations of existing and new plant
m aterials used to screen facility components and the proposed color(s) for the facility;
A legend listing the following must be included on one of the site plan sheets:
i. Total square footage of the site,
i i. Square footage (by floor and overall total) of each individual building and/or use,
i ii. Total square footage of all buildings (footprint of each building),
i v. Percentage of lot coverage,
v. Square footage of all landscaping (total, parking lot, and wildlife habitat),
v i. Allowable and proposed building height,
vii. Building setbacks required by Code,
viii. Proposed building setbacks,
i x. Parking analysis, including:
• Number of stalls required, by use; number of stalls provided, by use,
• Sizes of stalls and angles,
• Location and number of handicap stalls, compact, employee and/or guest
parking stalls,
• Location and size of curb cuts,
• Traffic flow within the parking, loading, and maneuvering areas and ingress
a nd egress,
• Location of wheel stops,
• Loading space,
• Stacking space,
• Location and dimensions of bicycle racks, carpool parking spaces, and other
facilities designed to accommodate access to the site,
• Square footage of interior parking lot landscaping;
k. Footprint of all proposed buildings showing the location of building entrances, window
o penings, and landscape features (required for Urban Center Design Overlay District review
packet only);
I. Footprint of all abutting and adjacent buildings showing the location of building entrances,
window openings, and landscape features (required for Urban Center Design Overlay
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District review packet only);
m. For nonconforming use or structure rebuild approval permits: draw on the scaled plan the
exact sizes and locations of existing structures and uses, whether damaged or not; write on
t he scaled plan the dates these structures/uses were established; on a separate sheet,
i dentify the subject property, abutting lots and buildings and list adjacent and abutting land
uses. [See attached sheets, otherwise, No Change]
17. Landscape Plan, Conceptual: A fully dimensioned plan, prepared by a landscape architect
registered in the State of Washington, a certified nurseryman, or other similarly qualified
p rofessional, drawn at the same scale as the project site plan (or other scale approved by the
Community and Economic Development Administrator), clearly indicating the following:
a. Date, graphic scale, and north arrow;
b. Location of proposed buildings, parking areas, access and existing buildings to remain;
c. Names and locations of abutting streets and public improvements, including easements;
d. Existing and proposed contours at five foot (5') intervals or less;
e. Location, size, and purpose of planting areas, including those required in RMC 4-4-070,
Landscaping, and those required in RMC 4-3-090, Shoreline Master Program Regulations;
f. Location and height for proposed berming;
g.Location and elevations for any proposed landscape-related structures such as arbors,
gazebos, fencing, etc.;
h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers,
a nd decorative rockery or like landscape improvements in relationship to proposed and
existing utilities; and
i. The location, size and species of all protected trees on site. Protected trees shall have the
a pproximate drip line shown (see RMC 4-4-130, Tree Retention and Land Clearing
Regulations). (No Change)
18. Tree Retention/Land Clearing (Tree Inventory) Plan: A completed tree retention worksheet
a ccompanied by a full dimensional plan, drawn by a certified arborist or a licensed landscape
a rchitect, based on finished grade, drawn at the same scale as the project site plan with the
northern property line at the top of the sheet, clearly showing the following:
a. All property boundaries and adjacent streets;
b. Location of all areas proposed to be cleared;
c. Species and sizes of vegetation to be removed, altered or retained and the boundaries and
p redominant species of stands of trees consisting of five (5) or more trees. This requirement
a pplies only to trees six inch (6") caliper and larger, fifty four inches (54") above grade, and
t he location, size and species of all protected trees on the site;
d. For trees proposed to be retained, a complete description of each tree's health, condition,
a nd viability;
e. For trees proposed to be retained, a description of the method(s) used to determine the
l imits of disturbance (i.e., critical root zone, root plate diameter, or a case-by-case basis
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description for individual trees);
f. For trees proposed to be preserved within a tree protection tract, any special instructions
for maintenance (e.g., trimming, ground clearing, root pruning, monitoring, aftercare, etc.);
For trees not viable for retention, the reason(s) for removal based on poor health, high risk
of failure due to structure, defects, unavoidable isolation (i.e., high blow down potential), or
u nsuitability of species, etc., and for which no reasonable alternative action is possible
(pruning, cabling, etc.);
h. A description of the impact of necessary tree removal to the remaining trees, including
t hose in a grove or on abutting properties;
i. For development applications, a discussion of timing and installation of tree protection
m easures that must include fencing and be in accordance with the tree protection standards
as outlined in RMC 4-4-130H9, Protection Measures During Construction;
g.
1•The suggested location and species of supplemental trees to be used when required. The
report shall include planting and maintenance specifications;
k. Future building sites and drip lines of any trees which will overhang/overlap a construction
l ine;
I. Location and dimensions of rights-of-way, utility lines, fire hydrants, street lighting, and
easements;
m. Where the drip line of a tree overlaps an area where construction activities will occur, this
shall be indicated on the plan;
n. For allowed activities, including allowed exemptions, modifications, and variances, show all
trees proposed to be removed in priority tree retention areas: slopes twenty five percent
(25%) to thirty nine percent (39%), high or very high landslide hazard areas, and high erosion
h azard areas;
o. Show trees to be removed in protected critical areas: wetlands, Shorelines of the State,
streams and lakes, floodways, floodplain slopes forty percent (40%) or greater, very high
l andslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical
a reas regulations in RMC 4-3-050C3, Exemptions — Critical Areas and Buffers;
Show all trees to be retained in critical area buffers; and
I n all other areas of the site, trees to be removed may be indicated generally with clearing
limit lines except for protected trees. The location, size, and species of all protected trees on
a site shall be shown. The plan shall also differentiate any approved replacement trees from
the protected trees. Replacement trees may be authorized in accordance with RMC 4-4-
130H1e, Replacement Requirements, and the number of replacement trees shall be
d etermined pursuant to any planned replanting areas in accordance with RMC 4-4-130H1c,
Calculating Tree Retention. [No Change]
P.
q.
19. Tree Retention Worksheet: Please provide a completed City of Renton tree retention
w orksheet. [No Change]
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https://edocs.rentonwa.gov/Documents/1/edoc/955781/Tree%20Retention%20Worksheet.pdf
ri 20. Arborist Report: A report prepared by a certified arborist or licensed landscape architect that
correlates with the Tree Retention/Land Clearing Plan and identifies size, species, health, and
reason for any removal. The report shall identify the limits of disturbance for all retained trees.
[No Change]
21. Wttland Assessment. A wetlandassessment includes the fuiluwrng.
a. A description of the project and maps at a scale no smaller than one inch equals two
h undred feet (1" = 200') showing the entire parcel of land owned by the applicant and the
wetland boundary surveyed by a qualified surveyor, and pursuant to RMC 4-3-050F2, Plans
a nd Studies Required;
b. A description of the vegetative cover of the wetland and adjacent area including
i dentification of the dominant plant and animal species;
c. A site plan for the proposed activity at a scale no smaller than one inch equals two hundred
feet (1" = 200') showing the location, width, depth and length of all existing and proposed
structures, roads, stormwater management facilities, sewage treatment and installations
w ithin the wetland and its buffer;
d. The exact locations and specifications for all activities associated with site development
i ncluding the type, extent and method of operations;
e. Elevations of the site and adjacent lands within the wetland and its buffer at contour
i ntervals of no greater than five feet (5') or at a contour interval appropriate to the site
topography and acceptable to the City;
f. Top view and typical cross-section views of the wetland and its buffer to scale;
g.The purposes of the project;
h. Such other information as may be needed by the City, including but not limited to a study of
h azards if present on site, the effect of any protective measures that might be taken to
reduce such hazards; and any other information deemed necessary to verify compliance
w ith the provisions of this Section. (Ord. 4587, 3-18-1996; Amd. Ord. 4835, 3-27-2000; Ord.
5137, 4-25-2005; Ord. 5757, 6-1-2015)
Note: Please provide a map and a report if ANY wetlands are located on the subject property or
w ithin 100 feet of the subject property. The wetland report/ delineation must be prepared by a
q ualified professional and include the information specified in RMC 4-8-120D.23. In addition, if
a ny alteration to the wetland or buffer is proposed, a wetland mitigation plan is also required.
See RMC 4-8-120D.23 for plan content requirements.
Standard Stream or Lake Study: A report shall be prcparcd by a qualificd biologist and include
t he following information:
a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" =
20') (unless otherwise approved by the Community and Economic Development Administrator):
i. The entire parcel of land owned by the applicant, including one hundred feet (100') of
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the abutting parcels through which the water body(ies) flow(s);
i i. The ordinary high water mark (OHWM) determined in the field by a qualified
consultant pursuant to RMC 4-3-050G7, Streams and Lakes, (the OHWM must also be
flagged in the field);
i ii. Stream or lake classification, as recorded in the City of Renton's COR Maps, the City's
o nline interactive mapping application available through the City's website, for the
City of Renton Water Class or RMC 4-3-090 (if unclassified, see "Supplemental Stream
o r Lake Study" below);
iv. Topography of the site and abutting lands in relation to the stream(s) and its/their
b uffer(s) at contour intervals of two feet (2') where slopes are less than ten percent
(10%), and of five feet (5') where slopes are ten percent (10%) or greater;
v. One hundred (100) year floodplain and floodway boundaries, including one hundred
feet (100') of the abutting parcels through which the water body(ies) flow(s);
v i. Site drainage patterns, using arrows to indicate the direction of major drainage flow;
v ii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers
to scale;
v iii. The vegetative cover of the entire site, including the stream or lake, banks, riparian
a rea, and/or abutting wetland areas, extending one hundred feet (100') upstream and
d ownstream from the property line. Include position, species, and size of all trees of
at least six inch (6") caliper and larger, fifty four inches (54") above grade, and the
location, size and species of all protected trees on the site that are within one
h undred feet (100') of the OHWM, and the location of measures to protect trees on
a nd abutting the site;
i x. The location, width, depth, and length of all existing and proposed structures, roads,
stormwater management facilities, wastewater treatment and installations in relation
to the stream/lake and its/their buffer(s); and
x. Location of site access, ingress and egress.
b. Grading Plan: A grading plan prepared in accordance with RMC 4-8-120D7, and showing
contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five
feet (5') where slopes are ten percent (10%) or greater.
c. Stream or Lake Assessment Narrative: A narrative report, formatted to eight and one-half
i nches (8.5") by eleven inches (11"), shall be prepared to accompany the site plan and
d escribes:
a. The stream or lake classification as recorded in the City of Renton's COR Maps, the City's
o nline interactive mapping application available through the City's website, for the City of
Renton Water Class or RMC 4-3-090;
b. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland
a reas, and flood hazard areas extending one hundred feet (100') upstream and downstream
from the property line, including the impacts of the proposal on the identified vegetation;
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c. The ecological functions currently provided by the stream/lake and existing riparian area
a nd the impacts of the proposal on the identified ecological functions;
d. Observed or reported fish and wildlife that make use of the area including, but not limited
to, salmonids, mammals, and bird nesting, breeding, and feeding/foraging areas, including
t he impacts of the proposal on the identified fish and wildlife;
e. Measures to protect trees, as defined in RMC 4-11-200, and vegetation; and
For shorelines regulated under RMC 4-3-090, Shoreline Master Program Regulations, the
study shall demonstrate if the proposal meets the criteria of no net loss of ecological
functions as described in RMC 4-3-090D2. If the proposal requires mitigation for
substantial impacts to the existing vegetation buffer in order to demonstrate no net loss
of ecological functions, a supplemental stream or lake study is required.
Note: Please provide a report containing the information specified in RMC Section 4-8-120D.19.
I n addition, if the project involves an unclassified stream, a supplemental stream or lake study
is also required. If any alteration to a water-body or buffer is proposed a supplemental stream
or lake study and mitigation plan are also required.
23. no se-p-rovid-e—d-seatectptan-sh-ovitrTg-thernatureTtoratton-,--tlmelistoWaild
elevations of the area in question; existing or proposed structures, fill, storage of materials, and
d rainage facilities. Also indicate the following:
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures;
b. Elevation in relation to mean sea level to which any structure has been flood proofed;
c. Certification by a registered professional engineer or architect that the flood proofing
m ethods criteria in RMC 4-3-050 have been met; and
d. Description of the extent to which a watercourse will be altered or relocated as a result of
p roposed development.
6.3essmeritg Study:-Projects-wittrthe-putemiattolmlyartrisivtCh Fifa*
salmon, bull trout, steelhead trout), unexpected, new, rare or other endangered species habitat
(bald eagles) shall provide a biological assessment/critical area study. The purpose of this
assessment is to determine whether a proposed action is likely to: (1) adversely affect listed or
d e-listed species or designated critical habitat; (2) jeopardize the continued existence of species
t hat are proposed for listing, or unexpected, new or rare species; or (3) adversely modify
proposed critical habitat. A biological assessment/critical area study is a written study that
evaluates the proposal, all probable impacts and risks related to the critical area, and
recommends appropriate mitigation measures to adequately protect the functions and values
of the critical area, and preserve anadromous fish and their habitat.
The assessment/study shall be prepared by a person with experience and training in the
scientific discipline appropriate for the relevant critical area in accordance with WAC 365-195-
095(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in
biology, engineering, environmental studies, fisheries, geomorphology, biological assessment,
or related field, and have at least five (5) years of related work experience.
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a. A qualified professional for wetlands must be a professional wetland scientist with at least
two (2) years of full-time work experience as a wetlands professional, including delineating
wetlands using the federal manuals and supplements, preparing wetlands reports,
conducting function assessments, and developing and implementing mitigation plans.
b. A qualified professional for Habitat conservation must have a degree in biology or a related
d egree and professional experience related to the subject species.
c. A qualified professional for a geological hazard must be a professional engineer or geologist,
licensed in the state of Washington.
d. A qualified professional for Wellhead Protection Areas means a hydrogeologist, geologist,
e ngineer, or other scientist with experience in preparing hydrogeologic assessments.
The assessment/study shall use scientifically valid methods and studies in the analysis of critical
a rea data and field reconnaissance and reference the source of the material used. Best available
science is that scientific information applicable to the critical area prepared by local state or
federal natural agencies or a qualified scientific professional that is consistent with the criteria
established in WAC 395-195-900 through 365-195-925.
T he assessment/study shall contain, at a minimum, the following information, as applicable:
a. The name and contact information of the applicant;
b. The dates, names, and qualifications of the persons preparing the assessment/study and
d ocumentation of any fieldwork performed on the site;
c. A description of the proposal and identification of the permits requested;
d. A site plan showing:
i. Identified critical areas, buffers and the development proposal with dimensions;
i i. Topography at two-foot (2') intervals;
i ii. Limits of any areas to be cleared/impacted; and
i v. A description of the proposed stormwater management plan for the development and
consideration of impacts to drainage alterations;
e. Accurate identification, location, and characterization of critical areas, water bodies, and
b uffers adjacent to the proposed project area or potentially impacted by the proposed
p roject;
f. A statement specifying the accuracy of the assessment/study, assumptions used in the
assessment/study, and explaining how best available science has been incorporated;
Determination of the degree of hazard and risk from the proposal both on the site and on
surrounding properties;
g.
h. An assessment of the probable cumulative impacts to the critical areas, their buffers and
other properties resulting from the proposal;
i. An evaluation of the project's compliance with sections 7 and 9 of the Endangered Species
Act;
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j. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize,
a nd mitigate impacts to critical areas;
k. Plans for adequate mitigation to offset any impacts and an explanation of how best
m anagement practices will be used to minimize impacts to critical area; and
I. Recommendations for maintenance, short-term and long-term monitoring, contingency
plans and security requirements.
a bitat Data Repon. Habitat data reports include.
a. Site Plan: The site plan shall indicate:
i. The vegetative cover types reflecting the general boundaries of the different plant
communities on the site;
i i. The exact locations and specifications for all activities associated with site
d evelopment including the type, extent and method of operations;
i ii. Top view and typical cross-section views of critical habitat/wildlife habitat to scale;
i v. The results of searches of the State Department of Fish and Wildlife's Natural Heritage
a nd Non-Game Data System databases;
v. The results of searches of the Washington State Department of Fish and Wildlife
Priority Habitat and Species database.
b. Narrative Report: A narrative report shall be prepared to accompany the site plan which
d escribes:
i. The layers, diversity and variety of habitat found on the site;
i i. The location of any migration or movement corridors;
i ii. The species typically associated with the cover types, including an identification of
a ny critical wildlife species that might be expected to be found;
i v. Identification of any areas that have been previously disturbed or degraded by
h uman activity or natural processes;
v. A summary of existing habitat functions and values, utilizing a habitat evaluation
p rocedure or methodology approved by the City;
v i. A summary of proposed habitat alterations and impacts and proposed habitat
m anagement program. Potential impacts may include but are not limited to clearing
of vegetation, fragmentation of wildlife habitat, expected decrease in species
d iversity or quantity, changes in water quality, increases in human intrusion, and
i mpacts on wetlands or water resources.
26. Geotechnical Report: A study prepared in accordance with generally accepted geotechnical
p ractices and stamped by a professional engineer licensed in the State of Washington which
i ncludes soils and slope stability analysis, boring and test pit logs, and recommendations on
slope setbacks, foundation design, retaining wall design, material selection, and all other
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pertinent elements. If the evaluation involves geologic evaluations or interpretations, the report
shall be reviewed and approved by a geologist. Further recommendations, additions or
exceptions to the original report based on the plans, site conditions, or other supporting data
shall be signed and sealed by the geotechnical engineer. If the geotechnical engineer who
reviews the plans and specifications is not the same engineer who prepared the geotechnical
report, the new engineer shall, in a letter to the City accompanying the plans and specifications,
express his or her agreement or disagreement with the recommendations in the geotechnical
report and state that the plans and specifications conform to his or her recommendations. If the
site contains a geologic hazard regulated by the critical areas regulations, the preparation and
content requirements of RMC 4-8-120D, Table 18 shall also apply. If the site is within a channel
m igration zone, within shoreline jurisdiction, the geotechnical report shall also include a
geomorphic assessment by a Washington State licensed geologist with engineering geology or
h ydrogeology specialty license plus experience in conducting fluvial geomorphic assessments.
[No Change]
27 Letter of Understanding Geologit. Risk The appilLdhi, or lilt owner of the site, shall submit a
l etter to the City, with the plans and specifications, stating that he or she understands and
a ccepts the risk of developing in an unstable area and that he or she will advise, in writing, any
p rospective purchasers of the site, or any prospective purchasers of structures or portions of
structures on the site, of the unstable potential of the area. (Ord. 4835, 3-27-2000)
i--7 28. Utilities Plan, Generalized (sewer, water, stormwater, transportation improvements): A plan
d rawn on twenty two inch by thirty four inch (22" x 34") plan sheets using a graphic scale of one
i nch equals twenty feet (1" = 20') (or other scale or size approved by the Planning Division's
Development Engineering Manager or designee) clearly showing all existing (to remain) and
proposed public or private improvements to be dedicated or sold to the public including, but
not limited to: curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles,
refuse areas, signage, freestanding lighting fixtures, utility junction boxes, public utility
transformers, etc., along the full property frontage. The finished floor elevations for each floor
of proposed and existing (to remain) structures shall be shown. (Amd. Ord. 4835, 3-27-2000)
[No Change]
q 29. Drainage Control Plan: Please provide a plan drawn to scale and stamped by a Washington
State licensed professional engineer and complying with the requirements of RMC 4-6-030 and
the King County Surface Water Design Manual, as adopted and amended by the City of Renton.
(Amd. Ord. 4835, 3-27-2000; Ord. 5526, 2-1-2010) [No Change]
Li 30. Drainage Report: Please provide a report complying with the requirements of the City of
Renton Drafting Standards in RMC 4-6-030, and the King County Surface Water Design Manual
as adopted and amended by the City of Renton. The report (TIR) must be stamped and dated by
a civil engineer and shall contain the following:
• Table of Contents
• Technical Information Report (TIR) Worksheet
• Section 1: Project Overview
• Section 2: Conditions and Requirements Summary
• Section 3: Offsite Analysis
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• Section 4: Flow Control and Water Quality Facility Analysis and Design
• Section 5: Conveyance System Analysis and Design
• Section 6: Special Reports and Studies
• Section 7: Other Permit
• Section 8: CSWPPP Analysis and Design
• Section 9: Bond Quantities, Facility Summaries, and Declaration of Covenant
• Section 10: Operations and Maintenance Manual. [No Change]
31. Architectural Elevations: A twenty four inch by thirty six inch (24" x 36") fully dimensioned
a rchitectural elevation plan drawn at a scale of one-fourth inch equals one foot (1/4" = 1') or
o ne-eighth inch equals one foot (1/8" = 1') (or other size or scale approved by the Building
Official) clearly indicating the information required by the "Permits" section of the currently
a dopted International Building Code and chapter 19.27 RCW (State Building Code Act, Statewide
a mendments), including, but not limited to, the following:
a. Existing and proposed ground elevations;
b. Existing average grade level underneath proposed structure;
c. Height of existing and proposed structures showing finished rooftop elevations based upon
site elevations for proposed structures and any existing/abutting structures;
d . Building materials and colors including roof, walls, any wireless communication facilities,
a nd enclosures;
e. Fence or retaining wall materials, colors, and architectural design;
f. Architectural design of on-site lighting fixtures; and
g. Cross-section of roof showing location and height of rooftop equipment (including air
conditioners, compressors, etc.) and proposed screening.
h. Required for the Urban Center Design Overlay District review packet.
i. Identify building elevations by street name and orientation, i.e., Burnett Ave.
(west) elevation.
i i. Show the location of rooflines, doors and window openings.
i ii. Indicate typical detailing around doors, windows and balconies indicating finishes,
color and reflectivity of glazing.
i v. Identify offsets in walls intended to meet the minimum requirements for building
m odulation indicating the amount of offset.
v. Show on each elevation any roof top elements such as mechanical and elevator
penthouses that protrude above the parapet or penetrate the roof and would be
visible from other buildings of the same height.
v i. Photographs of proposed materials from manufacturers' catalogues. A materials
board showing actual materials and colors referenced on the architectural
elevations is recommended.
i. Required for shoreline permits:
i. Include measurements of the existing and proposed elevations of the stream, river,
o r lake bottom in relationship to the proposed structure, if the proposed structure is
located fully or partially in, or over, the water.
i i. Projects exceeding thirty five feet (35') in height must demonstrate compliance with
t he height requirement in RMC 4-3-090.D.7.a. [No Change]
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q 32. Grading Plan, Conceptual: This is required if the proposed grade differential on-site will exceed
24" from the top of the curb or if the amount of earth to be disturbed exceeds 500 cubic yards.
Please provide a 22" x 34" plan drawn by a State of Washington licensed civil engineer or
l andscape architect at a scale of 1" to 40' (horizontal feet) and 1" to 10' (vertical feet) (or other
size plan sheet or scale approved by the Planning Division Plan Review Supervisor) clearly
i ndicating the following:
a. Graphic scale and north arrow
b. Dimensions of all property lines, easements, and abutting streets
c. Location and dimension of all on-site structures and the location of any structures within 15-
feet of the subject property or that may be affected by the proposed work
d. Accurate existing and proposed contour lines drawn at two-foot, or less, intervals showing
existing ground and details of terrain and area drainage to include surrounding off-site
contours within 100-feet of the site
e. Location of natural drainage systems, including perennial and intermittent streams and the
p resence of bordering vegetation
f. Setback areas and any areas not to be disturbed
g. Finished contours drawn at two foot intervals as a result of grading
h. Proposed drainage channels and related construction with associated underground storm
lines sized and connections shown
i. Finished floor elevation(s) of all structures, existing and proposed
General notes addressing the following (may be listed on cover sheet):
a. Area in square feet of the entire property
b. Area of work in square feet
c. Both the number of tons and cubic yards of soil to be added, removed, or relocated
d. Type and location of fill origin, and destination of any soil to be removed from site [No Change]
EI 33. Traffic Study: A report prepared by a State of Washington licensed engineer containing the
elements and information identified in the City of Renton "Policy Guidelines for Traffic Impact
A nalysis of New Development" in sufficient detail to define potential problems related to the
p roposed development and identify the improvements necessary to accommodate the
d evelopment in a safe and efficient manner. [Updated Parking memo included]
I nclude a parking study based on the revised unit mix and parking counts
IT( I 34. Digital Copy: Please provide a digital copy of each of the submittal items; this can be submitted
either on a CD, a USB portable (flash/hard) drive, other device or pathway as approved by your
assigned project manager. [Flash drive included]
n 35. Colored Rendering: A computer-generated exterior color view of the proposed building(s), site,
a nd landscaping in three (3) dimensional form. [No Change]
A ll Plans and Attachments are subject to Electronic File Standards
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REVIEW PROCESS: Once a complete land use application package has been accepted for initial review,
t he Planning Division will post three notices of the pending application at or near the subject site and
m ail notices to property owners within 300 feet of the project site. The proposal will be routed to other
City departments and other jurisdictions or agencies that may have an interest in the application. The
reviewers have two weeks to return their comments to the Planning Division. Within approximately two
weeks, the Planning Division will prepare a report regarding the proposal's compliance with applicable
codes and the City's review criteria.
T he application will then be presented to the City's Environmental Review Committee. The
E nvironmental Review Committee is comprised of the Administrator of Public Works, the Administrator
of Community and Economic Development, the Administrator of Community Services, and the Fire
C hief. The Committee is responsible for determining whether the proposal will result in significant
a dverse environmental impacts. To do this, the committee will consider such issues as environmental
h ealth hazards, wetlands, groundwater, energy and natural resources and will then issue its decision
(Environmental Threshold Determination).
T he Environmental Review Committee will either issue a:
• Determination of Non-Significance (DNS)-Make a determination the proposal will have no
significant negative environmental impacts, or
• Mitigated Determination of Non-Significance (DNS-M)-Make a determination the proposal, if
m odified, would have no significant negative environmental impacts, or
Determination of Significance (DS)-Make a determination the proposal will have significant
a dverse environmental impacts and require the applicant to submit an Environmental Impact
Statement (EIS) prepared by a qualified consultant.
O nce the Environmental Review Committee has issued its Environmental Threshold Determination
(provided an EIS is not required), a public notice of the Determination is published in the Renton
Reporter and three notices are posted at or near the site. A 14-day appeal period commences following
t he publication date. At the discretion of the City, a separate and additional 15-day comment period
m ay be added prior to the 14-day appeal period.
I n addition to issuing the Environmental Determination, the Environmental Review Committee is also
c harged with determining whether a public hearing should be required for those Site Plan proposals not
a utomatically triggering a public hearing. The Environmental Review Committee wil l consider the
d epartmental and public comments in determining whether or not a hearing should be required. This
d etermination may be appealed within 14 days to the Hearing Examiner pursuant to RMC 4-8-110.
P rojects exceeding the size limits listed in the RMC 4-9-200D.3 and projects abutting or across the street
from residential zones MUST have a public hearing. No variance from this requirement is possible. The
remainder of the review process differs depending on whether a public hearing is required.
Administrative Site Plan Review: A public hearing is not required. The Planning Division reviews
t he proposal for compliance with the requirements of RMC 4-9-200E and F in conjunction with
16
H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Master Site Plan Review.doc Rev: 08/2019
the Environmental Review Committee decision and any staff or public comments prior to making
a decision. The decision to approve, conditionally approve, or deny the proposal will be mailed to
a ll persons listed on the Master Application and all parties of record.
Hearing Examiner Site Plan Review and Review of Environmental Determination Appeals: A
p ublic hearing is required. After review of the proposal and any staff or public comments, the
Planning Division staff will forward a report and recommendation and the Environmental Review
Committee decision to the Hearing Examiner prior to the hearing. This report will be mailed to all
persons listed on the Master Application and all parties of record. Notice of the public hearing
w ill be published in the Renton Reporter at least 10 days prior to the hearing, the site will be
posted again, and parties of record will receive notices of the hearing via mail. Applicants are
strongly encouraged to attend the public hearing for their proposal. City staff will first make a
p resentation to the Hearing Examiner about the proposal. Either the applicant or citizens in
support of the proposal will then give testimony. When giving testimony, names and addresses
m ust be stated for the record. Following this, individuals with neutral or opposing comments will
give their testimony to the Hearing Examiner. City staff or the applicant will address additional
q uestions raised throughout the hearing. The Hearing Examiner will review the proposed
a pplication for compliance with the requirements of RMC 4-9-200E and F concurrently with any
e nvironmental appeals and issue a final decision(s) within 14 days of the hearing unless, at the
time of the public hearing, the Hearing Examiner indicates additional time will be required for
issuance of the decision. The decision to approve, conditionally approve, or deny the proposal
w ill be mailed to all persons listed on the Master Application and all parties of record. The
Examiner's decision on any environmental appeals will also be mailed.
APPEAL AND RECONSIDERATION PROCESS FOR DECISIONS: Any person, including the applicant,
a ggrieved by the granting or denial of an application, may make a written application for reconsideration
to the Reviewing Official within 14 calendar days of the date of the decision. After review of the request,
t he Reviewing Official may take whatever action is deemed proper. The Reviewing Official's written
d ecision on the reconsideration request will be mailed to all parties of record within 10 days from the
d ate the request was filed. If any party is still not satisfied after a reconsideration decision has been
issued, an appeal may be submitted within 14 days to:
• The Hearing Examiner for Administrative decisions
• The City Council for Hearing Examiner decisions
A n appeal may be filed without first requesting reconsideration by the Reviewing Official; however, it
m ust be filed within 14 days of the date when the original decision was issued. See RMC 4-8-110 for
further information on the appeal process and time frames.
B UILDING AND CONSTRUCTION PERMIT ISSUANCE AND INSTALLATION OF IMPROVEMENTS: In the City
of Renton, a Building Permit must be obtained to build buildings and structures. A Construction Permit
m ust be obtained to install utility lines, transportation improvements and undertake work in City right-
of-ways. Building and Construction Permits are separate permits.
A pplicants may apply for building and construction permits concurrently with their request for a land
use application. However, the applicant should be aware any conditions of land use permit approval may
17
H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Master Site Plan Review.doc Rev: 08/2019
create a need for revisions to other permit applications whereby additional fees may be charged.
Refunds of building permit charges are not available.
If no appeals or reconsideration requests are filed within 14 days of the effective date of the decision to
a pprove the application, the applicant may obtain building and construction permits. A construction
permit for the installation of on-site and off-site utilities will be issued upon the review and approval of
civil engineering drawings by the Development Engineering Section and receipt of all applicable
d evelopment and permit fees. A building permit will be issued upon the Building Section's approval of
b uilding plans and receipt of all applicable fees.
DEFERRAL OF IMPROVEMENTS: If a developer wishes to defer certain on-site or off-site improvements
(i.e. landscaping, curbs and sidewalks), written application with full and complete engineering drawings
m ust be submitted to the Development Engineering Section. The application should explain the reasons
w hy such delay is necessary. If approval is granted, security in the form of an irrevocable letter of credit,
set-aside fund, assignment of funds, or certified check shall be furnished to the City in an amount equal
to a minimum of 150% of the estimated cost of the required improvements.
EXPIRATION AND EXTENSIONS: Once an application has been approved, the applicant has two (2) years
to comply with all conditions of approval and to apply for any necessary permits before the approval
becomes null and void. The approval body that approved the original application may grant a single two-
year extension. The approval body may require a public hearing for such extension.
18
H ACED\Data\Forms-Templates\Self-Help Handouts\PlanningWaster Site Plan Review.doc Rev: 08/2019
First American
Commitment
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012066-WA1
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
N OTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,
First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date
shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
First American Title Insurance Company
Clonnis I Gilrnote
Prefsillont
/ficti,a41.
Jeffrey S Rotbinson
Secretary
If this jacket was created electronically, it constitutes an original document.
This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by first American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 1 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land"
d oes not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized
b y law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by
the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be
issued pursuant to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue
Policy, this Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the
Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the
i nterval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured's good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had
Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and
described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company's liability is limited by the terms and provisions of the Policy.
This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice,• the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule 8, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Assotiation.
Form 50003700 (8-23-18)Page 2 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with
respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and
proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide
coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be
u nder the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The
issuing agent is not the Company's agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company
may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed
Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be
a rbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured
may review a copy of the arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2016 ALTA() Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 3 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
First American
l'clieduz,.. A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012066-WA1
Transaction Identification Data for reference only:
Issuing Agent: First American Title Insurance Company National
Commercial Services
Issuing Office's ALTA® Registry ID:
Commitment No.: NCS-1012066-WA1
Property Address: APN: 722780-1785-04, 722780-1205-06,
722780-1206-05, 722780-1405-04„ 722780-1406-03 and
722780-1235-00, Renton, WA
Revision No.:
1.
2.
Issuing Office: 920 Fifth Avenue, Suite 1200, Seattle,
WA 98104
Reference No.: Solera
Issuing Office File No.: NCS-1012066-WA1
Escrow Officer Name: Laura Lau
Escrow Officer Number: (206)615-3017
Escrow Officer Email: Ilau@firstam.com
Escrow Assistant Name: Moniqueje Schmitt-Johnson
Escrow Assistant Number: (206)615-3141
Escrow Assistant Email: mschmitt-Johnson@firstam.com
Title Officer Name: Lavonne Bowman
Title Officer Number: (206)615-3269
Title Officer Email: lavbowman@firstam.com
SCHEDULE A
Commitment Date: April 24, 2020 at 8:00 AM
Policy to be Issued:
(a) 0 2006 ALTA® Extended Owner's Policy
Proposed Insured: Solera, LLC, a West Virginia limited
liability company
(b) q ALTA® Policy
Proposed Insured:
(c) q ALTA® Policy
Proposed Insured:
Amount
$To follow $
Premium Tax
$ $
3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple
4. The Title is, at the Commitment Date, vested in:
Solera Manager, LLC, a Washington limited liability company as to Parcels A, B and C and Housing
A uthority of the City of Renton, a municipal corporation as to Parcel D
5. The Land is described as follows:
See Exhibit "A" attached hereto and made a part hereof
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 4 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
First American
Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012066-WA1
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Prior to closing, the Company must confirm whether the county recording office in which the Land is
located has changed its access policies due to the COVID-19 outbreak. If recording has been
restricted, specific underwriting approval is required; and, additional requirements or exceptions may
be made.
This page is only a part of a 2016 ALTA() Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 5 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
First American
Schedule & biri (Cont.)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
File No: NCS-1012066-WA1
SCHEDULE B, PART H
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
w hich all of the Schedule B, Part I-Requirements are met.
2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records.
3, Any facts, rights, interests, or claims which are not shown by the Public Records but which could be
ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.
4. Easements, claims of easement or encumbrances which are not shown by the Public Records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which
a correct survey would disclose, and which are not shown by the Public Records.
6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted
u nder (A), (B) or (C) are shown by the Public Records; (D) Indian Tribal Codes or Regulations, Indian
Treaty or Aboriginal Rights, including easements or equitable servitudes.
7. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the
Public Records at Date of Policy and not otherwise excepted from coverage herein.
8. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs
for sewer, water, garbage or electricity.
This page is only a part of a 2016 ALTA() Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice,• the Commitment to Issue Policy,• the Commitment Conditions,• Schedule A; Schedule B, Part I-Requirements;• Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 6 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
SCHEDULE B - SECTION 2
(continued)
SPECIAL EXCEPTIONS
9. Lien of Real Estate Excise Tax upon sale of said premises, or transfer of a controlling interest, if
u npaid. As of the date herein, the excise tax rates are as follows:
Levy/Area Code:2100
State Excise Tax for real property classified as Timberland (RCW 84.34 or RCW 84.33) or Agricultural
land (RCW 84.34.020):
1.28% of the selling price
All other State Excise Tax:
1.10% of the selling price less than or equal to $500,000.00
1.28% of the selling price from $500,000.01 to $1,500,000.00
2.75% of the selling price from $1,500,000.01 to $ 3,000,000.00
3.00% of the selling price over $3,000,000.00
Local Excise Tax for Renton
.50% of the selling price
In additional to Excise Tax due, a fee of $5.00 will be charged on all taxable transactions ($10.00 on
a ll exempt transactions)
10. General Taxes for the year 2020.
Tax Account No.: 722780-1205-06
A mount Billed: $ 145,704.25
A mount Paid: $ 72,852.13
A mount Due: $ 72,852.12
Assessed Land Value: $ 4,155,800.00
Assessed Improvement Value: $ 7,804,900.00
(Affects portion of Parcel A)
11. General Taxes for the year 2020.
Tax Account No.:
A mount Billed:
A mount Paid:
A mount Due:
Assessed Land Value:
Assessed Improvement Value:
(Affects portion of Parcel A)
722780-1405-04
20,249.20
10,124.60
10,124.60
$ 1,759,400.00
60,300.00
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice,• the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 7 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
12. General Taxes for the year 2020.
Tax Account No.:
A mount Billed:
A mount Paid:
A mount Due:
Assessed Land Value:
Assessed Improvement Value:
(Affects Parcel B)
13. General Taxes for the year 2020.
Tax Account No.:
A mount Billed:
A mount Paid:
A mount Due:
Assessed Land Value:
Assessed Improvement Value:
(Affects Parcel C)
722780-1406-03
$ 10,076.82
5,038.31
5,038.51
$ 554,000.00
$ 265,900.00
722780-1235-00
$ 50,701.71
$ 25,350.86
$ 25,350.85
$ 1,358,100.00
$ 2,788,500.00
File No.: NCS-1012066-WA1
14. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the King County
Tax Rolls, as tax account no. 722780-1785-04, are exempt.
We note Special Charges for the year 2020 in the amount of $11.39, of which $11.39 has been paid.
Balance due: $0.00.
(Affects Parcel D)
15. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW
35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to
the King County Sewer Service area on or after February 1, 1990.
N ote: Properties located in Snohomish County and Pierce County may be subject to the King County
Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or
CapChargeEscrow@kingcounty.gov.
16. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or
delineated on the face of the Correct Plat of Renton Highlands No. 2 recorded as Volume 57 of Plats
at Pages 92 through 98, in King County, Washington, described as follows:
Know all men by these presents that we the United States of America, owners in fee simple of the
land hereby platted, hereby declares this plat and dedicates to the use of the public forever off
streets, avenues and alleys shown hereon and the use thereof for all public purposes not inconsistent
w ith the use thereof for public highway purposes, also all parks, playgrounds, easements or whatever
public property or places there are shown on the map for the purpose thereon indicated, also the
This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 8 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
right to make off necessary slopes for cuts and fills upon the lots, blocks or tracts or parcels of land
shown on this plat in the original reasonable grading of all these streets, avenues, alleys and places
shown hereon.
20 foot planting area easement delineated in Block 39.
17. Easement, including terms and provisions contained therein:
Recording Information:
For:
Affects:
18. Easement, including terms and
Recording Date:
Recording Information:
In Favor of:
For:
Affects:
February 26, 1958 under Recording No. 4877235
Ingress and egress
Southerly portion of Parcel A
provisions contained therein:
May 17, 1960
5323954
City of Renton
Utilities
As described therein
19. Reservation of utilities in vacated street area and the right to maintain the same as set forth in
Ordinance No. 2465, a copy of which was recorded February 17, 1969 under Recording No. 6471624.
(Affects Parcel D)
20. Easements, as contained and/or delineated on the face of the Lot Line Adjustment No. LLA-003-
82 recorded April 21, 1982 as Recording No. 8204219003, in King County, Washington, described as
follows:
Ex sanitary sewer as delineated over a portion of Lot 1.
(Affects Parcels C and D)
21. Easement, including terms and provisions contained therein:
Recording Date:
Recording Information:
In Favor of:
For:
Affects:
June 09, 1983
8306090713
City of Renton
Public utilities
As described therein
22. Lease made by Greater Hilands Limited Partnership Associates, a Washington limited partnership,
lessor, to GTE Wireless of the Pacific Incorporated, a Delaware corporation, successor in interest to
GTE Mobilnet Incorporated, lessee, for a term of five (5) years, and the covenants and conditions as
therein contained, as disclosed by Memorandum of Lease dated June 11, 1997, and
recorded September 16, 1998 as document no. 9809161475.
This page is only a part of a 2016 ALTA0 Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 9 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
Said lease, among other things provides for an option to renew for a period of two (2) additional five
(5) year terms.
Document(s) declaring modifications thereof recorded May 21, 2010 as Recording No.
20100521001445 of Official Records.
Said amendment includes two additional five year options.
(Affects Parcels A, B and C)
23. The terms and provisions contained in the document entitled "Easement Agreement"
recorded September 16, 1998 as Recording No. 9809161476 of Official Records.
24. Lease made by Crown Castle GT Company LLC, a Delaware limited liability company, lessor, to AT&T
Wireless Services of Washington LLC, an Oregon limited liability company, d/b/a AT&T Wireless,
lessee, for a term of five (5) years, and the covenants and conditions as therein contained, as
d isclosed by Memorandum of Lease dated July 30, 2002, and recorded November 22, 2002 as
document no. 20021122001843.
Said lease, among other things provides for an option to renew for a period of four (4) successive
five (5) year terms.
(Affects Parcels A, B and C)
25. Easement, including terms and
Recording Date:
Recording Information:
In Favor of:
For:
Affects:
provisions contained therein:
September 01, 2006
20060901000949
Puget Sound Energy, Inc.
Transmission, distribution and sale of gas and electricity
As described therein
26. The terms and provisions contained in the document entitled "Ordinance No. 5462" recorded August
4, 2009 as Recording No. 20090804000500 of Official Records.
27. The terms and provisions contained in the document entitled "City of Renton, Washington Resolution
N o. 4289" recorded June 28, 2016 as Recording No. 20160628000622 of Official Records.
The above document was re-recorded January 09, 2018 as Recording No. 20180109000391.
28. The terms and provisions contained in the document entitled "City of Renton, Washington Resolution
N o. 4289" recorded January 9, 2018 as 20180109000394 of Official Records.
Said resolution is a rerecording of that instrument recorded under Recording No. 20160628000612.
This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 10 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
(Affects Parcel D)
29. The terms and provisions contained in the document entitled "Memorandum of Agreement"
recorded February 5, 2018 as 20180205001172 of Official Records.
(Affects Parcel D)
30. The terms and provisions contained in the document entitled "City of Renton, Washington Ordinance
No. 5961" recorded March 27, 2020 as Recording No. 20200327001740 of Official Records.
(Affects Parcels A and D)
31. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: Solera Manager, LLC, a Washington limited liability company
Grantee/Beneficiary: M&T Bank
Trustee: First American Title Insurance Company
A mount: $9,900,000.00
Recorded: April 22, 2020
Recording Information: 20200422001498
(Affects Parcels A, B and C)
32. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an
A LTA survey of the property for determination of insurability.
Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection will
be held pending our review of the ALTA Survey and the result of said inspection will be furnished by
supplemental report.
33. Evidence of the authority of the individual(s) to execute the forthcoming document for Solera
Manager, LLC, a Washington limited liability company, copies of the current operating agreement
should be submitted prior to closing.
34. Evidence of the authority of the individual(s) to execute the forthcoming document for Solera, LLC,
copies of the current operating agreement should be submitted prior to closing.
35. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181
et seq.) or under similar state laws.
36. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and
rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
H-Exceptions.
Copyright 2006-2016 American land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 11 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
37. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be
completed and submitted to the Company for approval prior to closing. The Company reserves the
right to make any additional requirement as warranted.
This page is only a part of a 2016 ALTA() Commitment for 77tle Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 12 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
INFORMATION NOTES
A. General taxes for the year 2020, which have been paid.
Tax Account No.:722780-1206-05
A mount:$18,002.79
Assessed Land Value:$715,300.00
Assessed Improvement Value:$824,900.00
(Affects the remainder of Parcel A)
B. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be met.
Failure to comply may result in rejection of the document by the recorder.
C. Any sketch attached hereto is done so as a courtesy only and is not part of any Title Commitment or
Policy. It is furnished solely for the purpose of assisting in locating the Land and First American
expressly disclaims any liability which may result from reliance made upon it.
D. The description can be abbreviated as suggested below if necessary to meet standard requirements.
The full text of the description must appear in the document (s) to be insured.
Ptn Blocks 39 and 43, Corrected Plat of Renton Highlands 2, V. 57, P. 92
Lots 1-2, Renton LLA No. LLA 003-82, Rec. 8204219003
APN: 722780-1785-04 and 722780-1205-06 and 722780-1206-05 and 722780-1405-04 and 722780-
1406-03 and 722780-1235-00
E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State
Insurance Code and the filed Rate Schedule of the Company.
This page is only a part of a 2016 ALTA() Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 13 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
First American
Exhibit A
ISSUED BY
First American Title Insurance Company
File No: NCS-1012066-WA1
The Land referred to herein below is situated in the County of King, State of Washington, and is described as follows:
PARCEL A:
BLOCKS 39 AND 43, CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, ACCORDING TO PLAT RECORDED IN VOLUME
57 OF PLATS AT PAGE(S) 92 THROUGH 98, INCLUSIVE, IN KING COUNTY, WASHINGTON;
TOGETHER WITH VACATED 11TH PLACE NORTH (SUNSET LANE NORTHEAST) AS VACATED BY CITY OF RENTON
ORDINANCE NO. 1830, RECORDED UNDER KING COUNTY RECORDING NO. 5323954;
EXCEPT THAT PORTION OF SAID BLOCK 39 DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK;
THENCE NORTH 35°42'00" EAST, ALONG THE SOUTHEASTERLY LINE THEREOF, 125.00 FEET;
THENCE NORTH 54°35'42" WEST, PARALLEL TO THE SOUTHWESTERLY LINE OF SAID BLOCK, 90.00 FEET;
THENCE SOUTH 35°42'00" WEST, PARALLEL TO THE SOUTHEASTERLY LINE OF SAID BLOCK, 125.00 FEET TO THE
SOUTHWESTERLY LINE OF SAID BLOCK;
THENCE SOUTH 54°35'42" EAST, ALONG SAID SOUTHWESTERLY LINE, 90.00 FEET TO THE POINT OF BEGINNING;
ALSO EXCEPT THAT PORTION OF SAID BLOCK 43 DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF "K" STREET (KIRKLAND AVENUE
N ORTHEAST) AND THE SOUTHERLY MARGIN OF 12TH AVENUE NORTHEAST (NORTHEAST 12TH STREET);
THENCE NORTH 88°57'15" WEST, ALONG SAID SOUTHERLY MARGIN 151.17 FEET;
THENCE SOUTH 01°02'45" WEST 214.05 FEET TO THE NORTHWESTERLY MARGIN OF VACATED 11TH PLACE NORTH;
THENCE NORTH 65°55'13" EAST, ALONG SAID NORTHWESTERLY MARGIN, 190.65 FEET TO THE WESTERLY MARGIN OF
"K" STREET;
THENCE NORTHERLY, ALONG SAID WESTERLY MARGIN, ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 361.72
FEET, AN ARC DISTANCE OF 125.41 FEET;
THENCE, CONTINUING ALONG SAID WESTERLY MARGIN, NORTH 01°08'15" EAST 9.92 FEET TO THE POINT OF
BEGINNING.
PARCEL B:
THAT PORTION OF BLOCK 43 OF RENTON HIGHLANDS ADDITION NO. 2, ACCORDING TO PLAT RECORDED IN VOLUME
57 OF PLATS AT PAGE(S) 92 THROUGH 98, INCLUSIVE, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF K STREET AND THE SOUTHERLY
M ARGIN OF 12TH AVENUE NORTH;
THENCE NORTH 88°57'15" WEST ALONG SAID SOUTHERLY MARGIN 151.17 FEET;
This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
va/id without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule S Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 14 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
THENCE AT RIGHT ANGLES TO SAID SOUTHERLY MARGIN SOUTH 1°02'45" WEST 214.05 FEET TO THE POINT OF
I NTERSECTION WITH THE NORTHERLY MARGIN OF 11TH PLACE;
THENCE NORTH 65°55'13" EAST ALONG SAID NORTHERLY MARGIN 190.65 FEET TO THE INTERSECTION OF THE
WESTERLY MARGIN OF K STREET;
THENCE NORTH ALONG SAID WESTERLY MARGIN ON A CURVE TO THE RIGHT WITH A RADIUS OF 361.12 FEET A
DISTANCE OF 125.41 FEET;
THENCE NORTH 1°08'15" EAST 9.92 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT CERTAIN STRIP OF LAND 25 FEET IN WIDTH, FORMERLY KNOWN AS 11TH PLACE NORTH, HERETOFORE
VACATED BY THE CITY OF RENTON, AS PER ORDINANCE NO. 1830, DATED MAY 17, 1960, ABUTTING UPON THE
SOUTH BOUNDARY OF SAID PROPERTY.
PARCEL C:
LOT 1 OF CITY OF RENTON LOT LINE REVISION NO. LLA 003-82, RECORDED UNDER RECORDING NO. 8204219003, IN
KING COUNTY, WASHINGTON.
PARCEL D:
LOT 2 OF CITY OF RENTON LOT LINE REVISION NO. LLA 003-82, RECORDED UNDER RECORDING NO. 8204219003, IN
KING COUNTY, WASHINGTON.
This page is only a part of a 2016 AL TAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 15 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
First American
Exhibit A
ISSUED BY
First American Title Insurance Company
File No: NCS-1012066-WA1
The Land referred to herein below is situated in the County of King, State of Washington, and is described as follows:
PARCEL A:
BLOCKS 39 AND 43, CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, ACCORDING TO PLAT RECORDED IN VOLUME
57 OF PLATS AT PAGE(S) 92 THROUGH 98, INCLUSIVE, IN KING COUNTY, WASHINGTON;
TOGETHER WITH VACATED 11TH PLACE NORTH (SUNSET LANE NORTHEAST) AS VACATED BY CITY OF RENTON
ORDINANCE NO. 1830, RECORDED UNDER KING COUNTY RECORDING NO. 5323954;
EXCEPT THAT PORTION OF SAID BLOCK 39 DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK;
THENCE NORTH 35°42'00" EAST, ALONG THE SOUTHEASTERLY LINE THEREOF, 125.00 FEET;
THENCE NORTH 54'35'42" WEST, PARALLEL TO THE SOUTHWESTERLY LINE OF SAID BLOCK, 90.00 FEET;
THENCE SOUTH 35°42'00" WEST, PARALLEL TO THE SOUTHEASTERLY LINE OF SAID BLOCK, 125.00 FEET TO THE
SOUTHWESTERLY LINE OF SAID BLOCK;
THENCE SOUTH 54°35'42" EAST, ALONG SAID SOUTHWESTERLY LINE, 90.00 FEET TO THE POINT OF BEGINNING;
ALSO EXCEPT THAT PORTION OF SAID BLOCK 43 DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF "r STREET (KIRKLAND AVENUE
NORTHEAST) AND THE SOUTHERLY MARGIN OF 12TH AVENUE NORTHEAST (NORTHEAST 12TH STREET);
THENCE NORTH 88'57'15" WEST, ALONG SAID SOUTHERLY MARGIN 151.17 FEET;
THENCE SOUTH 01°02'45" WEST 214.05 FEET TO THE NORTHWESTERLY MARGIN OF VACATED 11TH PLACE NORTH;
THENCE NORTH 65°55'13" EAST, ALONG SAID NORTHWESTERLY MARGIN, 190.65 FEET TO THE WESTERLY MARGIN OF
"K" STREET;
THENCE NORTHERLY, ALONG SAID WESTERLY MARGIN, ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 361.72
FEET, AN ARC DISTANCE OF 125.41 FEET;
THENCE, CONTINUING ALONG SAID WESTERLY MARGIN, NORTH 01'08'15" EAST 9.92 FEET TO THE POINT OF
BEGINNING.
PARCEL B:
THAT PORTION OF BLOCK 43 OF RENTON HIGHLANDS ADDITION NO. 2, ACCORDING TO PLAT RECORDED IN VOLUME
57 OF PLATS AT PAGE(S) 92 THROUGH 98, INCLUSIVE, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF K STREET AND THE SOUTHERLY
M ARGIN OF 12TH AVENUE NORTH;
THENCE NORTH 88°57'15" WEST ALONG SAID SOUTHERLY MARGIN 151.17 FEET;
This page is only a part of a 2016 AL TAR) Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notke; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule B Pad-
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 14 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
File No.: NCS-1012066-WA1
THENCE AT RIGHT ANGLES TO SAID SOUTHERLY MARGIN SOUTH 1°02'45" WEST 214.05 FEET TO THE POINT OF
I NTERSECTION WITH THE NORTHERLY MARGIN OF 11TH PLACE;
THENCE NORTH 65°55'13" EAST ALONG SAID NORTHERLY MARGIN 190.65 FEET TO THE INTERSECTION OF THE
W ESTERLY MARGIN OF K STREET;
THENCE NORTH ALONG SAID WESTERLY MARGIN ON A CURVE TO THE RIGHT WITH A RADIUS OF 361.12 FEET A
DISTANCE OF 125.41 FEET;
THENCE NORTH 1°08'15" EAST 9.92 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT CERTAIN STRIP OF LAND 25 FEET IN WIDTH, FORMERLY KNOWN AS 11TH PLACE NORTH, HERETOFORE
VACATED BY THE CITY OF RENTON, AS PER ORDINANCE NO. 1830, DATED MAY 17, 1960, ABUTTING UPON THE
SOUTH BOUNDARY OF SAID PROPERTY.
PARCEL C:
LOT 1 OF CITY OF RENTON LOT LINE REVISION NO. LLA 003-82, RECORDED UNDER RECORDING NO. 8204219003, IN
KING COUNTY, WASHINGTON.
PARCEL D:
LOT 2 OF CITY OF RENTON LOT LINE REVISION NO. LLA 003-82, RECORDED UNDER RECORDING NO. 8204219003, IN
KING COUNTY, WASHINGTON.
This page is only a part of a 2016 ALTAR) Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notke; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part
II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses
are prohibited. Reprinted under license from the American Land Title Association.
Form 50003700 (8-23-18)Page 15 of 15 ALTA Commitment for Title Insurance (8-1-16)
Washington
TENW
Transportation Engineering NorthWest
M EMORANDUM
DATE: April 28, 2020
TO: David Ratliff, Vice President
DevCo., Inc.
FROM: Michael Read, PE, Principal
TENW
S UBJECT: Parking Analysis for Renton Solera Mixed Use
TENW Project No. 2020-72
This memorandum documents an evaluation of parking demand of the proposed Master Plan minor
m odification to the approved mixed use project known as Renton So/era Mixed Use. The project along
Sunset Boulevard in the Renton Highlands neighborhood was originally approved with 673 residential units
(521 rental and 152 owner-occupied multifamily housing units) and approximately 21 ,800 square-feet of
commercial uses within Block A and B. The approved parking capacity for these development blocks
i ncluded a total of 906 parking stalls, with 50 dedicated to commercial uses and 856 for residential uses.
The proposed minor modification to the approved Master Plan would now include 646 residential uses
(494 rental apartments and 152 owner-occupied) and approximately 21,000 square-feet of commercial
uses. Total parking is proposed with 1 ,043 stalls on-site, of which 50 stalls would be dedicated to
commercial uses and 993 stalls dedicated to residential units. This analysis include parking surveys
conducted at similar residential sites developed and operated by the applicant that contain a significant
portion of 3-5 bedroom units as well as a sites that include mixed use commercial retail components.
P arking Requirements
Renton Municipal Code (RMC) 4-4-080.F.10 identifies minimum off-street parking requirements for new
land uses. For the proposed attached residential uses, a minimum of 1 .0 stalls per dwelling unit to a
maximum of 1 .75 stalls per dwelling unit is required. It should be noted, that there is no differentiation
between the number of bedrooms in each unit in City code for minimum parking requirements (i.e., it's
based on unit count only). As such, minimum City code would require 646 stalls for residential uses in total
for all proposed multifamily housing.
For likely commercial uses, parking for a 10,000 square-foot daycare facility would require 22 stalls for
employees and drop-off/pick-up short-term needs and 28 stalls for 1 1,000 square feet of general retail
commercial uses. As such, minimum City code would require a total of 50 stalls for proposed commercial
uses. As the total proposed off-street parking supply in total is 1 ,043 stalls, minimum City code would be
met with 50 stalls dedicated to commercial uses and 993 stalls reserved for on-site residential uses.
The following paragraphs outline national and local peak parking demand rates and their applicability to
the proposed residential apartment units within the project in the context of other land uses within proposed
changes in Blocks A and B of the So/era Mixed Use project.
Transportation Planning I Design I Traffic Impact & Operations
PO Box 65254, Seattle, WA 98155 I Office (206) 361-7333
Parking Demand Analysis-
Solera Mixed Use
Estimated Demand for Parking
Using the latest edition of Parking Generation, 5th Edition, 2019, as published by the Institute of
Transportation Engineers (ITE), observed peak parking generation rates for Multifamily Housing (Land Use
Code: 221), Senior Adult Housing (Land Use Code 252), Shopping Center (Land Use Code: 820), and
Day Care Center (Land Use Code: 565) were reviewed to estimate peak parking demand at the proposed
So/era Mixed Use project within Blocks A and B that are part of the Minor Modification to the approved
Master Plan. Parking demand rates documented by ITE represent the latest information on parking
generation and are applied as standard practice in evaluating demand for many different types of land
uses.
Table 1 contains a summary of peak demand estimated using ITE rates and compares total proposed
supply. As shown, the proposed parking supply of 1 ,043 stalls is forecast to exceed peak demand (741
stalls) by 302 stalls. The peak demand assumes peak utilization of the individual on-site land uses occur
simultaneously and no shared parking occurs between on-site retail and residential uses. Based on this
conservative parking demand analysis (assuming no shared use), peak parking demand utilization of no
parking deficit or impact would occur with the proposed on-site parking supply.
Table 1: Solera Mixed Use - ITE Parking Demand Estimates
Land Use Size ITE Parking Rate'
Parking
Demand
Proposed Supply 1,043 stalls
Mid-Rise Multifamily Housing (ITE LUC 221)
Senior Adult Housing (ITE LUC 252)
Day Care Center (ITE LUC 565)
Shopping Center (ITE LUC 820)
421 DU
225 DU
1 0,000 SF
1 1,000 SF
(1.34 X DU) -8.73
(0.61 X DU)
2.45 X 1,000 SF
1 .95 X 1,000 SF
556 stalls
1 38 stalls
25 stalls
22 stalls
S ubtotal Demand
+ Surplus/(- Deficit)
741 stalls
+ 302 stalls
Source: Parking Generation, 51h Edition, ITE, 2019.
Local Parking Surveys
I n addition to national parking standards, parking generation rates of local apartment complexes were also
i ncluded in this evaluation. In 2002, TENW conducted parking counts at five separate residential
a partment complexes at five separate locations in south Snohomish County. Subsequent to these studies,
TENW conducted similar surveys at four additional apartment complexes developed and operated by
DevCo, Inc. throughout the Puget Sound region, including three sites within King County. These surveys are
considered applicable to the proposed site as they contain representative suburban locations of similar
a partment complexes; over half operated by DevCo, Inc. Surveys were collected on both weekday and
weekend periods during typical peak residential demands during daytime and evening periods.
As provided in Attachment 1, peak parking demand surveys at nine established residential projects
averaged 1 .31 stalls per dwelling unit on peak weekend evenings, while available supply averaged 1 .67
stalls per dwelling unit. Of those DevCo properties surveyed, three of the properties (Heatherwood,
Creston Point, and The Seasons) all have 4-bedroom compositions that average 18 percent of all units
(Attachment 2). The 4/5-bedroom unit composition of the residential rental apartment portion of project is
T ENW April 28, 2020
Page 2
Parking Demand Analysis -
Solera Mixed Use
a pproximately 1 1 percent of all rental units. Of these complexes, the peak weekday observed parking rates
averaged 1 .28 stalls per dwelling unit, slightly below the overall average of al l complexes included in the
survey.
I t should be noted that these surveys factored observed peak parking demand to account for unit
occupancy and unknown occupancy of garage utilization during the survey days. Observed peak
utilization rates on the weekend (Sunday morning before 6 a.m.) were found to be slightly higher,
averaging 1 .44 stalls per unit. As the proposed dedicated parking supply during peak demand periods at
the So/era Mixed Use project for residential rental apartments is 1 .57 stalls per dwelling unit, this supply
level exceeds these observed local rates which have been factored conservatively for both occupancy and
garage utilization.
W hen applying local parking demand rates of similar multifamily residential uses to the peak parking
demand analysis observed on the weekend (i.e., 1 .44 stalls per dwelling unit), total site demand for
residential apartment parking of the So/era Mixed Use project is estimated at approximately 768 stalls;
h igher than peak national ITE parking demand rates (estimated at 741 stal ls). This peak level however,
remains less than the available proposed supply for residential apartment uses during peak evening hours of
993 stalls and does not consider the other commercial spaces available after 9 p.m. when on-site retail
a nd day care center uses would be closed.
Transit Availability, Similar Properties, and Other Automobile
R eduction Measures
Although not required by Renton Municipal Code, the proposed So/era Mixed Use project proposes to
i mplement a Transportation Demand Management (TDM) plan to reduce the reliance on vehicle use and
provide incentives for alternative means of travel. These programs and site amenities have been
constructed and implemented at many of DevCo, Inc., properties throughout Washington State, including
many sites within the eastern and southern communities of King County. These measures would include on-
site design features, an on-site trip reduction coordinator for vanpooling/carpooling services and transit
i nformation residents, and an on-site commuter center.
F urthermore, the availability of quality local and regional transit services within the site vicinity provides an
opportunity for residents, employees, customers, and guests a wide variety of options without the use of
vehicle travel. Daily, bi-directional fixed route transit service with headways averaging less than 15 minutes
a re provided along Sunset Boulevard. Of the different fixed bus routes that serve the site, two separate
routes provide quality connections between the site and the Renton Transit Center (downtown Renton) while
a nother regional routes to serves the site with direct service into downtown Seattle.
Conclusion
I n review of both City code and local/national parking generation rates, peak demand of proposed
residential uses within individual blocks or for buildout of Blocks A and B that contain the proposed Minor
Modifications of both commercial and residential uses, peak parking demand would not exceed proposed
supply. If you have any questions regarding the information presented in this memo, please call me at
(206) 361-7333 x 101 or mikeread©tenw.com.
TENW April 28, 2020
Page 3
ATTACHMENTS
Local Parking Surveys
Peak Weekday Evening (8:00 pm - 9:00 pm) Peak Weekend Morning (6:00 am - 7:00 am) Parking Demand Studies of Residential Apartment Complexes in Seattle Metro Area(Commissioned by DevCo, Inc.)Demand assumes 100% occupancy of all units and full garage parking stalls (if available at the site) as a conservative approach.ApartmentComplexSurvey DateUnitsBuilt Parking StallParking RatioLocationParked VehiclesPacific ParkMar-20021772911.6423231 Highway 99, Edmonds19768%Whispering PineMar-20022404802.0018201 52nd Ave W, Lynnwood26054%On the GreenMar-20025588351.5012303 Harbour Pointe, Mukilteo74089%Mill PointeMar-20021933091.602424 132nd Street SE, Mill Creek29595%ParkwoodMar-20022404351.8115520 Mill Creek Blvd, Mill Creek36985%HeatherwoodDec-20062665091.9113510 North Creek Drive, Mill Creek34067%Discovery WestSep-20133034821.59942 Discovery Circle NE, Issaquah43189%Creston PointSep-20134766981.4713445 Martin Luther King Way S, Seattle60587%The SeasonsSep-20133325101.5412722 SE 312th St, Auburn42684%Study AveragePeak Weekday Evening3095051.67Average Peak Parking DemandAverage Peak Parking UtilizationAverage Peak Ratio (stalls/unit)40780%1.31Pacific ParkMar-20021772911.6423231 Highway 99, Edmonds20972%Whispering PineMar-20022404802.0018201 52nd Ave W, Lynnwood28359%On the GreenMar-20025588351.5012303 Harbour Pointe, Mukilteo82999%Mill PointeMar-20021933091.602424 132nd Street SE, Mill Creek28793%ParkwoodMar-20022404351.815520 Mill Creek Blvd, Mill Creek36083%HeatherwoodDec-20062665091.9113510 North Creek Drive, Mill Creek43285%Discovery WestSep-20133034821.59942 Discovery Circle NE, Issaquah480100%Creston PointSep-20134766981.4713445 Martin Luther King Way S, Seattle66695%The SeasonsSep-20133325101.5412722 SE 312th St, Auburn46391%Study AveragePeak Weekend Morning3095051.67Average Peak Parking DemandAverage Peak Parking UtilizationAverage Peak Ratio (stalls/unit)44586%1.441 - Includes surface stalls, carports, and garagesTransportation Engineering Northwest, LLC Confidential5/13/2014Page 1
DevCo Properties Bedroom Composition
Puget Sound Properties - Unit Compositions..xls
Property Name City # Units # Bedrooms Per Unit # Units per Type
4/5 bedroom
composition
Cedar Ridge Auburn 48 2 16
3 21
4 11 23%
Creston Point Seattle 476 1 131
2 135
3 100
4 110 23%
Discovery Heights Issaquah 360 1 94
2 153
3 113 0%
District Bothell 228 1 20
2 84
3 72
4 40
5 12 23%
Eastwood Square Bellevue 48 2 34
3 14 0%
Heatherwood Mill Creek 266 1 83
2 84
3 52
4 47 18%
M ill Pointe Everett 193 1 61
2 69
3 63 0%
Park Place Kent 51 2 16
3 23
4 12 24%
Seasons at Lea Hill'Auburn 332 studio 4
1 98
2 114
3 68
4 48 14%
Stonebrook Renton 196 1 58
2 60
3 42
4 36 18%
Willow Tree Grove Bothell 181 2 72
3 46
4 63 35%
B uilt Puget Sound Properties (Average 4/5 Bedroom Composition of Total Site Units)
Surveyed Sites from Parking Studies (Average 4/5 Bedroom Composition of Total Units)
22%
18%
Source: HNN Properities, February 2014.
1 - In addition to the residential apartments, this complex also includes approximately 60,000 square feet of commercial retail.
Built Parking Supply Ratios of Similar Complexes
HNN Properties - Housing Developments in Washington State HNN Entities Parking InfoPropertyLocation# UnitsGaragesCarportsSurfaceOpenTotalParkingSupplyRatioBeacon ManorFerndale510 075751.47Cedar RidgeAuburn480088 881.83Creston PointRenton47612005736931.46Discovery Phase IIssaquah25392132823871.53Eastwood SquareBellevue480091 911.90HeatherwoodMill Creek2661704064231.59Kent ManorKennewick510098981.92Mill PointeEverett19377421802991.55NorthwoodPullman510 088881.73OutlookPullman5110061711.39Park PlaceKent510092 921.80Regency ParkBellingham2286513013581.57The SeasonsAuburn3325005215711.72Springfield MeadowsVancouver29093822744491.55StonebrookRenton19610302582981.52Willow Tree"Bothell18025242182671.48Source: HNN Properties, January 2013.Average parking supply provided at HNN Developments1.63stalls/unit
EXHIBIT B
May 7, 2020
Tom Neubauer
Heartland Construction, LLC / DevCo, LLC
10900 NE 8th Street, Suite 1200
Bellevue, WA 98004
SUBJECT: LUA18-000490: Solera Master Site Plan Rejection of Minor Modification Application
INCLUDES NOTICE OF APPEAL RIGHTS
2902 NE Sunset Blvd, Renton, WA 98056
Dear Mr. Neubauer:
I along with Vanessa Dolbee, Current Planning Manager, received your email “Solera Master Plan Modification”
after business hours on May 4, 2020 that included attachments and sharefile links for an “application for a minor
modification of the approved Master Plan” for the Solera site (City File LUA18-000490). This letter constitutes
the City of Renton’s formal rejection of the minor modification application and explains your appeal rights;
please review carefully.
The Minor Modification Application Is Barred by a Moratorium
The Renton City Council enacted a moratorium (Ord. 5967) on April 6, 2020 to remain in effect until October 6,
2020 on the submission or acceptance of any land use applications for large residential projects (greater than
150 dwelling units) within the Sunset Area. The scope of the moratorium includes both major and minor
modification applications to previously approved entitlements. The Solera Master Site Plan is a project greater
than 150 dwellings units and is located within the boundaries of the Sunset Area. Therefore, your application
submittal for a minor modification is rejected.
The Moratorium Does Not Alter the Solera Master Site Plan Land Use Entitlements
Although the moratorium covers all new land use applications for large residential projects in the Sunset Area
(including minor modification applications), the moratorium does not alter any land use entitlements that pre-
date the moratorium. Therefore, the Department of Community & Economic Development (CED) will accept
permit applications for the Solera site that carry out the existing land use entitlements; this would include
administrative site plan review applications for phases in the approved master plan that are consistent with and
meet the conditions of the master site plan decision.
If you would like to submit such an administrative site plan review application, please follow these land use
application submittal instructions in order:
1. Prepare documents noted in the enclosed Submittal Requirements Site Plan Review checklist formatted
and named per the enclosed Electronic File Standards;
2. Schedule an application prescreen meeting with me or discuss an independent review of prescreened
materials shared via large sharefile (e.g. Dropbox, OneDrive, SharePoint);
Tom Neubauer
Page 2 of 2
May 7, 2020
3. Make the noted corrections and/or provide additional information identified in the application
prescreen;
4. An invoice for the application fee will be generated and delivered to you following acceptance of the
submittal;
5. Pay the application fee following receipt of the invoice at https://permitting.rentonwa.gov/
Appeal Rights
A minor modification to a previously approved site plan is a Type 1 Land Use Permit pursuant to Renton
Municipal Code (RMC) 4-8-080G. Type I land use permit decisions are appealable to the City’s Hearing Examiner.
Appeals to the Hearing Examiner are governed by RMC 4-8-110. If you wish to appeal this decision rejecting the
minor modification application, you must file the appeal within RMC 4-8-110’s 14-day appeal period. Due to
Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working
remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov.
If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option
of filing the appeal in person. The appeal fee, normally due at the time an appeal is submitted, will be collected
at a future date.
Additional information regarding the appeal process may be obtained from the City Clerk’s Office,
cityclerk@rentonwa.gov.
Closing
Please contact me at 425.430.6593 or mherrera@rentonwa.gov should you have questions related to the
submittal of an administrative site plan review application for the Solera Master Site Plan.
Sincerely,
Matt Herrera, AICP
Senior Planner
Enclosure(s): Ord. 5967
Submittal Requirements “Site Plan Review”
Electronic File Standards
cc: Vanessa Dolbee, Current Planning Manager
EXHIBIT C
EXHIBIT D
PROCLAMATION BY THE GOVERNOR
AMENDING PROCLAMATION 20-05
20-28
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout Washington as a result of the coronavirus disease 2019
(COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19
in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations, I
have subsequently issued amendatory Proclamations 20-06, 20-07, 20-08, 20-09, 20-10, 20-11,
20-12, 20-13, 20-14, 20-15, 20-16, 20-17, 20-18, 20-19, 20-20, 20-21, 20-22, 20-23, 20-24, 20-25,
20-26, and 20-27, exercising my emergency powers under RCW 43.06.220 by prohibiting certain
activities and waiving and suspending specified laws and regulations; and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to person
which may result in serious illness or death and has been classified by the World Health
Organization as a worldwide pandemic, continues to broadly spread throughout Washington State;
and
WHEREAS, to curtail the spread of the COVID-19 pandemic in Washington State and to protect our
most vulnerable populations, it is necessary to limit person to person contact through social
distancing and limiting person to person contact; and
WHEREAS, to curtail the spread of the COVID-19 pandemic in Washington State and to protect our
most vulnerable populations, it is necessary to limit person to person contact through social
distancing and limiting the numbers of people who may gather in one location; and
WHEREAS, transparency in state government and all of its political subdivisions is an important
state policy, such that all statutes related to open public meetings and public records are the business
of the state; and
WHEREAS, there are a plethora of electronic, telephonic and other options that make it possible for
the public to attend open public meetings remotely; and
WHEREAS, it is necessary to immediately waive any requirement in RCW 42.56, the Public
Records Act, and RCW 42.30, the Open Public Meetings Act, that provides for any activity that
necessitates an in-person setting; and
WHEREAS, the worldwide COVID-19 pandemic and its progression throughout Washington
State continue to threaten the life and health of our people as well as the economy of Washington
State, and remains a public disaster affecting life, health, property or the public peace; and
WHEREAS, the Washington State Department of Health (DOH) continues to maintain a Public
Health Incident Management Team in coordination with the State Emergency Operations Center
and other supporting state agencies to manage the public health aspects of this ongoing incident;
and
WHEREAS, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to support the DOH and local health officials in alleviating the impacts to people,
property, and infrastructure, and continues coordinating with the DOH in assessing the impacts and
long-term effects of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of Washington, as a result of the above-noted
situation, and under RCW 38.08, RCW 38.52 and RCW 43.06, do hereby proclaim that a state of
emergency continues to exist in all Washington State counties, that Proclamation 20-05 and all
amendments thereto remain in effect, and that Proclamation 20-05 is amended by waiving and
suspending the portions of RCW 42.30 and RCW 42.56 that require in-person meetings or contact.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments
are directed to continue utilizing state resources and doing everything reasonably possible to
support implementation of the Washington State Comprehensive Emergency Management Plan
and to assist affected political subdivisions in an effort to respond to and recover from the COVID-
19 pandemic.
I continue to order into active state service the organized militia of Washington State to include the
National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The
Adjutant General to address the circumstances described above, to perform such duties as directed
by competent authority of the Washington State Military Department in addressing the outbreak.
Also, I continue to direct the DOH, the Washington State Military Department Emergency
Management Division, and other agencies to identify and provide appropriate personnel for
conducting necessary and ongoing incident related assessments.
FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(1)(h),
I find that RCW 42.30, as applied to all public agencies statewide, involves the conduct of state
business, and to help preserve and maintain life, health, property or the public peace, I hereby amend
Proclamation 20-05 to prohibit public agencies as follows:
Any public agency, subject to RCW 42.30, is prohibited from conducting any meeting,
subject to RCW 42.30 unless (a) the meeting is not conducted in-person and instead provides
an option(s) for the public to attend the proceedings through, at minimum, telephonic access,
and may also include other electronic, internet or other means of remote access, and (b)
provides the ability for all persons attending the meeting to hear each other at the same time.
Remote meeting resources include the Department of Enterprise Services Master Contract for
teleconferencing and web-based meeting platforms, which can be found here:
Software Resellers (06016):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/06016
Cloud Solutions (05116):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/05116
Other resources can be found online by searching for free conference call services and for
other e-based meeting services. Additional guidance for remote meetings may be found on
at the Municipal Research and Services Center (MRSC, www.mrsc.org).
FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(1)(h),
I find that RCW 42.30, as applied to all public agencies statewide, involves the conduct of state
business, and to help preserve and maintain life, health, property or the public peace, I hereby amend
Proclamation 20-05 to prohibit public agencies as follows:
Subject to the conditions for conducting any meeting as required above, agencies are further
prohibited from taking “action,” as defined in RCW 42.30.020, unless those matters are
necessary and routine matters or are matters necessary to respond to the COVID-19 outbreak
and the current public health emergency, until such time as regular public participation under
the Open Public Meetings Act is possible.
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that strict compliance with the following portions of statutory and
regulatory obligations or limitations will prevent, hinder, or delay necessary action for coping with
the COVID-19 State of Emergency by bringing people in contact with one another at a time when
the virus is rapidly spreading, and that the language of each statutory provision specified below is
hereby waived and suspended as provided herein until midnight on April 23, 2020:
•RCW 42.30.030 – the following words only:
•“and all persons shall be permitted to attend any meeting of the governing body of
a public agency, except as otherwise provided in this chapter”
•RCW 42.30.040 – in its entirety; however, agencies are strongly encouraged to utilize a
remote meeting option that complies, to the greatest extent possible, with this statute
•RCW 42.30.050 – as to the following word only: “room” in the first sentence
•RCW 42.30.070 – as to the following word only: the first usage of “site” - in the fourth
sentence
•RCW 42.30.075 – as to the following words only:
•“Notice of any change from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the rescheduled meeting date.”
•RCW 42.30.080(2)(c) – as to the following words only:
•“Prominently displayed at the main entrance of the agency's principal location and
the meeting site if it is not held at the agency's principal location.”
• RCW 42.30.090 – as to the following words only:
• “on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves the
conduct of state business and I also find that strict compliance with the following statutory and
regulatory obligations or limitations will prevent, hinder, or delay necessary action for coping with
the COVID-19 State of Emergency in responding to public records requests by bringing people in
contact with one another at a time when the virus is rapidly spreading, and that the language of
each statutory provision specified below is hereby waived and suspended as provided herein until
midnight on April 23, 2020:
• RCW 42.56.080(2), as to the following words only:
• “Agency facilities shall be made available to any person for the copying of public
records except when and to the extent that this would unreasonably disrupt the
operations of the agency.”
• “in person during an agency's normal office hours, or”
• RCW 42.56.090, as to the first sentence only
• RCW 42.56.100, as to the following word only in the first sentence: “full”
• RCW 42.56.520(1), as to the following words only in the second sentence: “Within five
business days of receiving a public records request,”
Violators of this of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 24th day of March, A.D.,
Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
EXHIBIT E
March 26, 2020
UPDATED OPEN PUBLIC MEETINGS ACT GENERAL GUIDANCE
FROM THE OFFICE OF THE ATTORNEY GENERAL
REGARDING THE CORONAVIRUS DISEASE (COVID-19) EVENT
Some state and local agencies may be considering their options for how to conduct public meetings
under the state’s Open Public Meetings Act (OPMA) at RCW 42.30, during the outbreak of
coronavirus disease 2019 (COVID-19) in Washington State. See also Governor’s Proclamation
20-05 declaring a state of emergency in all counties and directing state resources to affected
political subdivisions. More proclamations are on the Governor’s Office website here.
On March 6, 2020, the Office of the Attorney General provided some general guidance on how to
conduct meetings during this event, under RCW 42.30.210. There have been developments since
then. On March 24, 2020, the Governor issued Proclamation 20-28 (Open Public Meetings Act
and Public Records Act) to, among other things, temporarily prohibit in-person public attendance
at meetings subject to the OPMA. This proclamation is in effect from March 24, 2020 through
midnight April 23, 2020, unless extended beyond that date. Therefore, the March 6, 2020
guidance is hereby updated for the period of time the proclamation is in effect. This guidance
document revises some parts of some responses to the questions in the March 6 guidance for the
period of time the proclamation is in effect and provides some non-exclusive suggestions and
considerations for agencies.
This document is not legal advice or a legal opinion. An agency should consult with its assigned
legal counsel if it has questions or needs legal advice or a legal opinion. State agencies should
consult with their assigned Assistant Attorney General. This updated guidance document for
agencies and their attorneys addresses only the OPMA, and as of the events on the date above.
Other laws may apply to some meetings of some agencies. In addition, depending upon the agency
and its governing statutes, or agency resources, other options might be available at a particular
agency. This guidance provides information about the OPMA as of the date above. Later-enacted
statutes, case law, or other legal developments may affect the analysis.
For more information about COVID-19, see this webpage of the Washington State Department of
Health: https://www.doh.wa.gov/Emergencies/Coronavirus. Information about strategies to
mitigate exposure is also available from many federal and local agencies.
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M a r c h 26, 2 0 2 0
The March 6, 2020 guidance included several questions. Here is updated guidance relevant to
parts of responses to Questions ## 1, 2, 3, 4 & 7.
1. In light of this COVID-19 event, what questions should an agency be asking itself if it
has concerns about virus transmissions and a public meeting and before it proceeds
with holding a current meeting or schedules a future meeting, when the meeting is
required to be open to the public under the OPMA?
In response to this question, the March 6 guidance described a series of questions we
suggested that agencies should be considering. Those included questions such as whether
they need to meet or meet on all matters or whether they can cancel or reschedule a meeting.
We suggested agencies ask themselves if they could reduce agenda items to only those
most urgent, time-sensitive or essential. We suggested agencies consider if they could
distribute some information in writing to governing body members (such a staff briefing
memo or an updated calendar of events), rather than convening a meeting to discuss those
briefings. Put another way, in this unusual and urgent time when members of the public
may not be attending agency meetings as they normally would, we asked, could agencies
“hold” on some matters until life returns to more normal.
Revision. However, since March 6, state and local agencies have placed more restrictions
on the public’s movements and activities as a means to help stem the spread of the virus.
Consistent with the general approach in the March 6 guidance --- asking agencies to focus
where possible on holding meetings only on those matters that must be considered --- under
the proclamation agencies must now specifically ask two questions on those matters where
they want to take “action”1. They are, is the matter (1) “necessary and routine,” or (2)
“necessary to respond to the COVID-19 outbreak and current public health
emergency”? If the matter does not meet those criteria in (1) or (2) for the temporary time
the proclamation is in effect, then the matter must wait.
(1) “Necessary and Routine”
With respect to the first part of these criteria, the matter must both be “necessary” and
“routine.”
Necessary. We suggest “necessary” has its ordinary meaning. For example, one
dictionary defines “necessary” as “required to be done, achieved, or present; needed;
essential.” What is “necessary” will be depend upon the agency. Some nonexclusive
1 The OPMA defines “action” as “the transaction of the official business of a public agency by a
governing body including but not limited to receipt of public testimony, deliberations, discussions,
considerations, reviews, evaluations, and final actions.” RCW 42.30.020(3). "Final action" means
“a collective positive or negative decision, or an actual vote by a majority of the members of a
governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or
ordinance.” Id.
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M a r c h 26, 2 0 2 0
questions to help an agency decide whether a matter is “necessary” are inquiries to itself
such as: Is there a requirement that the matter be considered at this time, and cannot wait?
The requirement could come from a statute, a rule, a court order or court decision, a
contract, a legal obligation, legal advice, or other authority. Is there a legal or financial
consequence for not taking action? Is there some other reason the matter is essential to the
agency to keep key agency operations or services intact at this time, and therefore cannot
wait? (A nonexhaustive list of examples of those necessary meeting items might include
actions affecting timely payment of payroll, vendor payments, addressing IT system
failures, renewing contracts that might expire, providing essential public services to protect
the health and welfare of constituents, and others.)
For example, depending upon the facts at a particular agency, it may be “necessary” for
boards that approve payroll or vendor payments as part of a meeting to continue to so in
order for agency staff and vendors to be timely paid during the time the proclamation is in
effect. However, it may not be “necessary” for a board to decide, during the time the
proclamation is in effect, whether it will hold its annual retreat next December. It may not
be “necessary” for a board to hear regular oral reports or presentations from its committees
or staff at a meeting during the time the proclamation is in effect, and instead, it can defer
such presentations until a future meeting or have the reports submitted in writing to the
governing body. Under the OPMA, individual members of a governing body can passively
receive and individually review documents, so long as a majority (quorum) does not
collectively intend to meet to take “action.” See Equitable Shipyards, Inc. v. State of Wash.,
93 Wn.2d 465, 611 P.2d 396 (1980).
Routine. With respect to what is “routine,” again, we suggest the word has its ordinary
meaning. For example, one dictionary definition describes that it means, “performed as
part of a regular procedure rather than for a special reason.” What is “routine” for an
agency will depend upon the agency. Some nonexclusive questions an agency can ask
itself to determine what is “routine” for it are, for example: Is this the kind of activity that
we routinely undertake at a public meeting pursuant to our regular procedures or policies
adopted by the governing body and that existed prior to the COVID-19 event? Do we have
examples of where we have routinely considered such a matter under our current practices?
In contrast, the agency might also ask itself: Is the reason for meeting on the matter
unusual, special, and/or expected to be controversial and for which there will be a high
public interest? Is this an exceptional or unique new project we want to launch? Is this an
“out of the ordinary” matter?
Using the same illustrative example above, it may be “routine” for a particular governing
body to approve payroll or vendor payments at its meetings. However, in contrast, perhaps
only a “special reason” might prompt a governing body to discuss a potential new policy
it might want to adopt later next year.
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M a r c h 26, 2 0 2 0
These factors, questions and examples are nonexclusive and are suggestions only, and do
not bind any agency. There may be other considerations for a particular governing body.
As noted, the facts at a particular agency will be pertinent to any such decisions.
The bottom line on criteria (1) (“necessary and routine”) is that, temporarily, agencies will
need to defer “action” on matters that do not meet both these terms. We suggest the agency
make a reasonable judgment that focuses on what is “necessary and routine” for it based
on its role, its relevant authorities, and the facts; and, wait to meet on other matters until
the public has its normal methods to attend.
(2) “Necessary to Respond to the COVID-19 Outbreak and Current Public Health
Emergency”
Even if the “necessary and routine” criteria of (1) is not met, an agency can still take
“action” during the time the proclamation is in effect under (2) if the action is “necessary
to respond to the COVID-19 outbreak and current public health emergency.” This analysis
under (2) will again depend upon the agency.
As noted, we suggest the term “necessary” should be given its ordinary meaning and can
be defined as “required to be done, achieved, or present; needed; essential.” What facts
are present showing an action is “necessary” for an agency to “respond to” this event may
vary from agency to agency.
Therefore, some nonexclusive questions we suggest that an agency may want to ask itself
are inquiries such as: Given our agency and our agency’s authority, and the facts before
us, is the action “necessary” (required, needed, essential) to “respond to” the event? What
is it we will need to do, at our particular agency, to respond to the emergency? For
example, what is “necessary” for one agency (a school district or a public health district)
and may require its governing body to meet on a particular matter may not be “necessary”
for a different agency (a drainage district).
These factors, examples and questions are nonexclusive and are suggestions only, and do
not bind any agency. There may be other considerations for a particular governing body.
As noted, the facts at a particular agency will be pertinent to any such decisions.
We suggest the agency make a reasonable judgment that focuses on what is “necessary to
respond to the COVID-19 outbreak and current public health emergency” for that agency
based on its role, its relevant authorities, and the facts; and, wait to meet on other matters
until the public has its normal methods to attend.
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M a r c h 26, 2 0 2 0
Reminder on Both (1) and (2): OPMA Cornerstones
Finally, it is useful to recognize that at this time public attendance at OPMA meetings is
more restricted than normal as a consequence of the outbreak (see also revised answer to
Question # 4 with respect to remote attendance only.) These COVID-19 response matters
are outside the public’s control and may affect their otherwise robust ability to access and
provide oversight of their government.
As a result, we suggest that an agency will want to keep in mind the OPMA’s open
government cornerstones. These cornerstones would support reasons to temporarily limit
a governing body’s usual business during this outbreak and for it to focus instead on only
those matters necessary and routine, or those needed to deal with the outbreak, until the
public can again fully attend all OPMA meetings, including in person if they choose. These
cornerstones include the OPMA itself, which provides at RCW 42.30.010:
The legislature finds and declares that all public commissions, boards,
councils, committees, subcommittees, departments, divisions, offices, and
all other public agencies of this state and subdivisions thereof exist to aid in
the conduct of the people's business. It is the intent of this chapter that their
actions be taken openly and that their deliberations be conducted openly.
The people of this state do not yield their sovereignty to the agencies which
serve them. The people, in delegating authority, do not give their public
servants the right to decide what is good for the people to know and what is
not good for them to know. The people insist on remaining informed so that
they may retain control over the instruments they have created.
More OPMA cornerstones are grounded in its other provisions and in case law. The OPMA
is to be “liberally construed” to effect its purpose. RCW 42.30.910. The State Supreme
Court held that the purpose of the OPMA is to permit the public to “observe all steps” in
the making of governmental decisions by a public agency board. Cathcart v. Andersen, 85
Wn.2d 102, 530 P.2d 313 (1975). The OPMA “employs some of the strongest language
used in any legislation.” Id.
Finally, the proclamation also finds that “transparency in state government and all of its
political subdivisions is an important state policy.”
2. How does an agency reschedule or cancel a meeting under the OPMA?
In response to this question, the March 6 guidance described procedures for rescheduling
or canceling a meeting.
6 | P a g e
M a r c h 26, 2 0 2 0
Revision. The reference to the requirement that state agencies submit changes to their
regular meeting schedules to the Code Reviser (for publication in the Washington State
Register) is not applicable during the time the proclamation is in effect. State agencies can
change regular meeting locations to remote meetings only, without submitting a new notice
to the Code Reviser, during this time.
3. Many governing bodies typically hold in-person meetings with most or all governing
body members in physical (in-person) attendance at the agency designated meeting
office or other meeting room. On occasion, some members participate by conference
call. Can all governing body members participate by conference call?
In response to this question, the March 6 guidance described that all governing body
members can attend by phone.
Revision. The proclamation language stating that meetings are “not conducted in-person”
applies to the governing body members as well. Remember, the purpose of the temporary
proclamation is to enhance social distancing and reduce person-to-person opportunities for
virus transmission. This means board members will not want to place themselves or their
agency staff in a position that potentially puts them in physical contact with each other in
preparation for or during OPMA meetings. Such contacts could occur, for example, when
staff are setting up a meeting room where some board members or the clerk would attend
in person, or when board members attend in person even if the public does not. It is
possible many governing bodies, even prior to the proclamation, had already arranged for
all governing body members to attend remotely during the outbreak in order to implement
social distancing.
4. If some or all of the governing body members are participating remotely by phone,
how does the public attend the meeting to observe?
In response to this question, the March 6 guidance described that the OPMA permits
members of the public to attend governing body meetings. RCW 42.30.030. Under normal
circumstances, an agency cannot place conditions on attendance. RCW 42.30.040. Under
normal circumstances, when one or more governing body members participate remotely
by phone, the agency needs to have a speakerphone available at an agency meeting location
(agency office or other designated physical location) where the public can attend to listen
to the discussion. AGO 2017 No. 4. The March 6 guidance described that under normal
circumstances, while a speakerphone and a meeting physical location are needed, the
agency can look at options for additional means for the public to attend to observe, such as
through phone call-in numbers the public can use, or real time streaming of the meeting
online, or remote means for the public to listen to the discussion.
Revision. However, under the proclamation and for the period covered by the
proclamation, in order to reduce opportunities for virus transmissions, agencies cannot
7 | P a g e
M a r c h 26, 2 0 2 0
conduct meetings where the public can attend in person. Statutes requiring agencies to
have a physical location where the public can attend in person are temporarily suspended.
Instead, temporarily, agency meetings are “not conducted in-person” and must provide
options for the public to attend remotely only. Those remote options are at minimum,
telephone access, but may also include electronic, internet or other means of remote access.
Those methods must provide the ability for all persons to hear each other at the same time.
This means, for example, an agency cannot record the audio of a meeting and post that
audio later on its website as a method for the public to “attend.” Instead, the public must
be permitted to attend the meeting remotely while the meeting is underway and to hear the
persons who are speaking. While the OPMA does not require public comment (see
Question # 5), if the agency permits oral public comment at a meeting for other reasons,
its remote participation arrangement will also need to have a means for each member of
the public who is speaking to hear each other, not just to hear the members of the governing
body who are speaking.
During the time the proclamation is effect, agencies are not required to post paper agendas
or paper meeting notices at the physical locations where the meetings were to be held,
describing that the meeting is now remote only. We suggest that the agency should provide
public notice on its online agenda of how the public may remotely attend a meeting, listing
the details such as a call-in phone number and access code, or login instructions. We
suggest that the agency should also provide public notice of those remote participation
means in other ways, particularly if this is a new remote meeting process at the agency.
Those public notices could be made, for example, on the agency’s website, agency online
meeting calendars, via email to stakeholders, social media postings, news releases, or other
relevant or available means, depending upon the agency.
Under the proclamation, it will not be a violation of the OPMA for an agency to require
the public to use a conference call-in or remote access login number or to comply with
other similar conditions of remote attendance during the time the proclamation is in effect.
7. Doesn’t the OPMA have other meeting procedures when there is an emergency that,
in effect, suspend some of these requirements?
In response to this question, the March 6 guidance reviewed OPMA emergency meeting
requirements.
Revision. The references to remote meetings as a “supplemental” alternative and the need
for a speakerphone at a physical location do not apply while the proclamation is in effect.
EXHIBIT F
An equal opportunity employer
600 Fourth Avenue, Floor 2 | PO Box 34025, Seattle | Washington 98124-4025
Phone (206) 684-8809 Fax (206) 684-8587 TTY (206) 233-0025
Email lorena.gonzalez@seattle.gov
DATE: May 7, 2020
TO: Councilmember Lisa Herbold Councilmember Debora Juarez
Councilmember Tammy Morales Councilmember Dan Straus
Councilmember Kshama Sawant Councilmember Andrew Lewis
Councilmember Alex Pedersen Councilmember Teresa Mosqueda
FROM: Council President M. Lorena González
SUBJECT: Seattle City Council Work Program and OPMA / Proclamation 20-28 Compliance
I. Introduction.
During the past couple of weeks, I have received communication from some of you about
concerns related to the City Council’s ongoing compliance with the Open Public Meetings Act
(“OPMA”) in light of Governor Jay Inslee’s Proclamation 20-28.1 Indeed on April 28, 2020, I
received a formal communication from Councilmember Lisa Herbold related to her concerns
regarding the Council’s potential non-compliance with Proclamation 20-28. That
correspondence, which each of you also received, included a copy of legal advice from our City
Attorney’s Office related to Proclamation 20-28 and the Proposed Payroll Tax and Expense
Package (Council Bills 119772, 119773 and 119774) currently being considered in the Select
Committee on Budget, which is chaired by Councilmember Teresa Mosqueda. I want to thank
Councilmember Herbold for her ongoing conversations with me about her concerns and for
clearly communicating those concerns to the entire Council.
The purpose of this memo is as follows: (1) to promote the consistent application of
Proclamation 20-28, for so long as it is in effect and (2) to provide direction to Councilmembers
on all committee hearings scheduled to occur during May 2020.
II. Promoting Consistent Application of Proclamation 20-28.
As a reminder, Proclamation 20-28 temporarily suspends the OPMA requirements for
public agencies in Washington State. During the evening of May 4, 2020, the majority and
minority leadership of the Washington State Legislature extended the applicability of
Proclamation 20-28 until May 31, 2020. In doing so, it relieves the Seattle City Council from
our legal obligation to open up Council Chambers to allow members of the public to enter into
Chambers for in-person viewing of our public meetings. This is important relief because it
permits us to protect City of Seattle employees, who are essential to staffing public meetings in
Chambers, from being exposed to the novel coronavirus while Councilmembers meet remotely.
1 In referring to Proclamation 20-28, I am also referring to any and all subsequent proclamations that extended the provisions of
Proclamation 20-28, including Proclamation 20-28.1, which provided an extension of the original proclamation through May 4,
2020, and the subsequent extension through May 31, 2020.
An equal opportunity employer
600 Fourth Avenue, Floor 2 | PO Box 34025, Seattle | Washington 98124-4025
Phone (206) 684-8809 Fax (206) 684-8587 TTY (206) 233-0025
Email lorena.gonzalez@seattle.gov
Importantly, this relief is granted to local agencies in the context of a proclamation that severely
restricts the scope of our work to those legislative items that (1) are necessary and routine or (2)
are needed to deal with COVID-19 and the current public health crisis. The Attorney General’s
Office (“AGO”) provided further guidance on these two categories of appropriate action by
stating as follows (emphasis added):
“As a result, we suggest that an agency will want to keep in mind the OPMA’s
open government cornerstones. These cornerstones would support reasons to
temporarily limit a governing body’s usual business during this outbreak and for
it to focus instead on only those matters necessary and routine, or those needed to
deal with the outbreak, until the public can again fully attend all OPMA
meetings, including in person if they choose.”
After Governor Inslee issued Proclamation 20-28 on March 24, 2020, and the AGO released its
guidance on March 26, 2020, my office engaged the City Attorney’s Office (“CAO”) to provide
us with legal advice and further guidance that would facilitate my office’s evaluation of what
should or should not be placed on the Introduction & Referral Calendar and, if committee
meetings proceeded, what limitations would apply to agendas for those meetings as well as
Council Briefing and City Council agendas. The CAO, via Assistant City Attorney Teresa Chen,
shared that guidance with each of you on April 15, 2020.
I want to reiterate that it is my intent to strictly comply with Proclamation 20-28 and this
legal guidance, so long as it is in effect. In doing so, we have enhanced our legislative review
process by requiring that the CAO, after consultation with Council Central Staff, provide my
office with its legal opinion as to whether any legislation does or does not comport with
Proclamation 20-28 prior to both introduction and final action of all legislation. This same
analysis must also be applied to any matters that a Councilmember proposes for a briefing and
discussion in a public meeting. As provided by the CAO, an “action” under the OPMA is
broadly defined to include even those subjects that are being discussed but not voted upon.
This enhanced review process, the Proclamation, and the AGO and CAO guidance were
not available to my office when this City Council voted to refer Council Bills 119772, 119773
and 119774 to the Select Committee on Budget on April 6, 2020. Nor was this information yet
available to Chair Mosqueda and me when we agreed upon a schedule for hearing those bills in
the Select Committee on Budget, beginning on April 14, 2020. As a result, the primary sponsors
of those bills and the City Council believed at the time that it was appropriate to refer that
revenue package to the Select Committee on Budget.
III. Immediate Impact of Proclamation 20-28 on All City Council Public Meetings.
As mentioned above, on the evening of May 4, the majority and minority leadership of
the Washington State Legislature extended Proclamation 20-28 until May 31, 2020. To ensure
that the City Council has notice of how this impacts our operations, I am providing you with the
following guidelines as it relates to our legislative work that would ordinarily occur in
committees and/or by direct referral to the City Council. This direction will have an immediate
impact on the ongoing consideration of the Sawant/Morales Proposed Payroll Tax and Expense
Package, as introduced.
An equal opportunity employer
600 Fourth Avenue, Floor 2 | PO Box 34025, Seattle | Washington 98124-4025
Phone (206) 684-8809 Fax (206) 684-8587 TTY (206) 233-0025
Email lorena.gonzalez@seattle.gov
With the extension of Proclamation 20-28, it is incumbent upon all of us to continue
complying with its provisions by limiting our legislative actions to items that are routine and
necessary or needed to deal with COVID-19 and the current public health crisis. I appreciate
Councilmember Herbold flagging her concerns and proposed alternatives related to the current
consideration of the proposed Sawant-Morales Bills and compliance with Proclamation 20-28.
Like many of you, I have been in dialogue with the City Attorney’s Office regarding the
Council’s consideration of Council Bills 119772, 119773 and 119774, related to a corporate
payroll tax and spending plan.
As I have learned more about this legislative proposal and had additional
communications with the CAO, I have become increasingly concerned that the substance of this
proposal and the facts established in its legislative findings do not meet the high standard
necessary to support a conclusion that the package as a whole is either routine and necessary or
sufficiently related to COVID-19 and the current public health crisis, as required by
Proclamation 20-28. Firstly, there appears to be wide agreement that this legislative package is
not routine or necessary. Secondly, it appears that the prime sponsors may believe that this
legislative package is related to COVID-19 and the current public health crises. However, the
taxation and spending plan legislation contains several components that likely would not be
justified as COVID-19-related legislation pertaining to the current public health emergency. For
example, the Green New Deal housing strategies (section 2.D); Job training investments for
transitioning workers (section 4); creation of the Social Housing Board (section 3.14.750); and
creation of the Green New Deal Housing Board (section 3.14.979) all bear little to no
relationship to the current emergency. Moreover, the corporate payroll tax legislation is not
proposed to be collected in 2020 and is intended to exist in perpetuity and, thus, long-after the
current public health crises presumably ends. On these points, I would strongly urge each of you
to carefully read the CAO memorandum dated April 28, 2020, that Councilmember Herbold
shared with us.
I believe that any further Council action, which includes briefings and discussions at any
regular, special or select committees, related to this legislative package as introduced puts the
Council at significant risk of litigation related to a potential violation of the OPMA as a result of
Governor Inslee's Proclamation 20-28. Councilmember Herbold proposed at least two potential
alternatives for my consideration. Alternative 1 would require that the Sawant-Morales Bills be
modified so that they are narrowly tailored to satisfy the restrictions imposed upon us by
Proclamation 20-28. However, I am not a sponsor of the original bills and I cannot mandate that
Councilmembers Morales and Sawant, who are independently elected officials, modify
previously introduced legislation in the manner proposed by Councilmember Herbold.
Nonetheless, if Councilmembers Morales and Sawant want continued public meetings on their
bills while Proclamation 20-28 is in effect, they could chose to reintroduce legislation that is
narrowed to comply with the restrictions of Proclamation 20-28. That is a choice only they can
make.
An equal opportunity employer
600 Fourth Avenue, Floor 2 | PO Box 34025, Seattle | Washington 98124-4025
Phone (206) 684-8809 Fax (206) 684-8587 TTY (206) 233-0025
Email lorena.gonzalez@seattle.gov
As such, I believe Alternative 2 is the best available path and have asked Chair
Mosqueda to strongly consider cancelling the Select Budget Committee meeting scheduled
for Wednesday, May 13, 2020, and to refrain from convening public meetings on these
proposed tax bills through at least May 31, 2020.
I understand how important these bills are to the prime sponsors, our shared
constituencies and to our collective effort to identify new revenue sources that will prepare us for
the ongoing response to this public health crisis and, ultimately, recovery from this once in a
lifetime economic crisis. However, as public officials, we are required to comply with the
OPMA. Allowing discussion of these bills to continue without regard to the requirements of
Proclamation 20-28 would require us to recklessly and knowingly abandon our commitment to
open government and a fair and equitable democratic process for both proponents and opponents
of the Sawant-Morales Bills and any other alternative revenue proposals.
It is my firm belief, that the Council should take no further action on Council Bills
119772, 119773 and 119774 until the expiration of Proclamation 20-28 and ongoing easing of
the Governor’s “Stay Home, Stay Healthy” Order, or until we can allow for some level of in-
person viewing of our public meetings, consistent with regular OPMA requirements, public
health recommendations and the Governor’s related emergency orders regarding public
gatherings. If this Council continues to convene public meetings to discuss these specific tax
bills or any equally-broadly framed alternative revenue proposals, each Councilmember will be
unnecessarily exposed to the legal risks associated with allegedly violating the OPMA. I
strongly urge each Councilmember to independently consult with the City Attorney’s Office
about your continued participation in any public meetings related to these revenue bills that may
be scheduled through May 31, 2020.
Additionally, I strongly urge all committee chairs to follow these protocols and cancel all
committee meetings that are not in alignment with Proclamation 20-28 through May 31, 2020.
As the Council President, I will make exceptions on a case-by-case basis to this general rule and
will do so with the counsel of the CAO on all matters that Councilmembers propose be discussed
or otherwise acted upon during a public meeting.
IV. Preparing For The Eventual Expiration of Proclamation 20-28.
I am grateful that the majority and minority leadership of the Washington State
Legislature extended the provisions of Proclamation 20-28 through May 31, 2020. However, as
Council President, I am preparing for a scenario in which this proclamation is not extended and
believe that it is critical for each of you to understand the impact to the operations of our public
meetings if the proclamation is neither revised nor extended beyond May 31, 2020.
Without a revision or extension of Proclamation 20-28, there is a possibility that the City
Council would be required to open the Council Chamber for all Council meetings to allow for
some level of in-person viewing of our public meetings, consistent with regular OPMA
requirements. This scenario would jeopardize the health and safety of both members of the
public and employees of the City of Seattle who are essential to staffing public meetings in the
Chamber, which is not currently equipped with appropriate safeguards that allow for physical
distancing that could help to prevent the spread of the novel coronavirus. As Council President
An equal opportunity employer
600 Fourth Avenue, Floor 2 | PO Box 34025, Seattle | Washington 98124-4025
Phone (206) 684-8809 Fax (206) 684-8587 TTY (206) 233-0025
Email lorena.gonzalez@seattle.gov
and head of the Legislative Department, I am not willing to put members of the public and City
employees at risk of infection to novel coronavirus and, thereby, put them in harm’s way during
this public health crisis.
For weeks I have been instructing the CAO and, more recently, the Office of
Intergovernmental Relations, to lobby the Governor’s Office, the AGO and the state legislature
regarding the need to revise and extend Proclamation 20-28, in a manner that would make the
operations of our local government OPMA compliant and predictable and safe for the general
public and our essential workers. This need becomes even more important as the provisions of
the Governor’s “Stay Home, Stay Healthy” Order are softened.
In light of the likelihood of the need to continue the practice of physical distancing to
prevent the spread of the novel coronavirus for many months to come, and perhaps even years, I
am working with our Office of City Clerk in partnership with the Department of Finance and
Administrative Services to consider implementing appropriate policies and partitions for the
Chambers that would allow for public meetings to be conducted in a safe and secure manner.
We do not yet know if this will be feasible or provide sufficient security against the threat of
COVID-19. Concern for public health and the wellbeing of City employees will continue to
guide these efforts and decisions, and I will incorporate the feedback of public health officials,
the City Attorney’s Office, and my Council Colleagues before deciding if and how to proceed
with any of these potential options and scenarios. As usual, I appreciate your patience and your
ongoing engagement on this issue.
Lastly, colleagues, for those of you who may have staff with underlying health conditions
or other concerns or needs related to potentially returning to work, I strongly urge you and/or
your staff to take this time to consult with our Legislative Department’s HR Director Karen
Jackson.
V. Conclusion.
I want to thank each of you for your ongoing attention towards the needs of our city
employees and our friends, neighbors and constituents during these uncertain times.
Very truly yours,
Council President M. Lorena González
Seattle City Council, Position 9 // Citywide
Chair: Governance & Education Committee
Vice Chair: Public Safety & Human Services Committee
EXHIBIT G
Regular City Council Meeting Agenda
Zoom Meeting
April 14, 2020 - 6:00 p.m.
Virtual Participation
In response to Governor Inslee's Proclamation 20 -28 regarding Open Public Meetings
during the COVID -19 pandemic, there will not be a physical meeting location for the City
Council meeting. In addition to and based on guidance from the Washington State
Attorney General, the City Council will only be considering "necessary and routine" items
so as to ensure the continuity of government services. Issues involving changes to city
policy or regulation will not be presented for consideration of the City Council during the
time period identified in the Governor's Proclamation. The public is encouraged to attend
the meeting by clicking on the link or calling the phone number below.
Join Zoom Meeting
HTTPS://ZOOM.US/J/496620952?PWD=MGJ5RMRZN3HLCG4RVVFMBEHXQ2TQDZ09
Meeting ID: 496 620 952
Password: 889888
Dial by your location
+1 669 900 6833
Call To Order - Pledge Of Allegiance
Roll Call - Excused Absences
Minutes
Minutes Of The Regular City Council Meeting Of March 24, 2020
3 -24 -20.PDF
Vouchers/Payroll
Voucher Total = $581,653.94
Payroll Total = $892,376.98
Claims For Damages
Small Contracts (Less Than $10,000) - Approved By Mayor
Jesse Erickson - Tennis Classes = 70% Of Fees Collected
Johnson Control Security Solutions - Alarm Monitoring = $816.00
Whitley Fuel - Equipment Loan = No Cost
Information Items
Citizen Comments
Comments must be submitted via email to
COUNCILCOMMENTS@CITYOFCHENEY.ORG or by dropping off handwritten comments
in the drop box at Cheney City Hall, 609 2nd St. All comments must be received by 5:00
p.m. on April 14, 2020.
Appointments
Action Items
Public Hearings
Resolutions
20 -027 - Resolution E -815 - Lodging Tax Disbursement
The City of Cheney has an additional application for Lodging Tax Funding. Cheney
Rodeo has submitted a request for total funding of $13,000. The Lodging Tax
committee met via zoom meeting and is recommending, as they did in 2019 for
the Cheney Rodeo, the full payment of their insurance request of $5,300 for
funding. Funding will not be disbursed until the event is confirmed.
20 -027 2020 LODGING TAX.PDF
E -815 2020 LODGING TAX APPROVAL.PDF
2020 AGREEMENT FOR TOURISM PROMOTION - CHENEY EVENTS
ASSOCIATION.PDF
CHENEY RODEO APPLICATION.PDF
20 -028 - Resolution E -816 - Washington Street Preservation Local Agency
Supplement One
The City received federal funding in the amount of $ $ 731,000.00 under the
Surface Transportation Block Grant (STBG), and Highway Infrastructure (HIP)
programs The grant is 76.5% federal dollars for street preservation on Washington
Street from Oakland Street to West 6th Street. Obligation for construction funding
requires a Local Agency Agreement Supplement.
CCAR 20 -028 WASH STREET PRES PROJECT LA AGREEMENT
SUPPLEMENT ONE.PDF
RES E -816 WASH STREET PRES PROJECT LA AGREEMENT
SUPPLEMENT ONE.PDF
WASHINGTON STREET PRESERVATION PROJECT 140 -041.PDF
20 -029 - Resolution E -817 - Sidewalk Repair Contract Award
The Public Works Department requested quotes for sidewalk repairs. We received
two quotes with Five Star Concrete Inc. submitting the lowest quote for $
13,500.00.
CCAR 20 -029 SIDEWALK REPAIR CONTRACT AWARD.PDF
RES E -817SIDEWALK REPAIR CONTRACT AWARD.PDF
SIDEWALK REPAIRS CONTRACT.PDF
SIDEWALK REPAIR QUOTE -FIVE STAR.PDF
20 -030 - Resolution E -818 - Asphalt Repairs Contract Award
The Public Works Department requested quotes for asphalt repairs. Only one
responsive quote was received from Inland Asphalt Company in the amount of $
13,325.00..
CCAR 20 -030 ASPHALT REPAIRS CONTRACT AWARD.PDF
RES E -818 ASPHALT REPAIR CONTRACT AWARD.PDF
ASPHALT REPAIRS CONTRACT 4 -8 -20.PDF
ASPHALT REPAIRS -INLAND ASPHALT QUOTE 4 -9 -20.PDF
Ordinances
Other Business
Staff Reports
Mayor's Report
Council Reports
Executive Session
Adjournment
A.
B.
C.
D.
Documents:
E.
F.
G.
H.
I.
J.
K.
1.
Documents:
2.
Documents:
3.
Documents:
4.
Documents:
L.
M.
N.
O.
P.
Regular City Council Meeting AgendaZoom MeetingApril 14, 2020 - 6:00 p.m.Virtual ParticipationIn response to Governor Inslee's Proclamation 20 -28 regarding Open Public Meetings during the COVID -19 pandemic, there will not be a physical meeting location for the City Council meeting. In addition to and based on guidance from the Washington State Attorney General, the City Council will only be considering "necessary and routine" items so as to ensure the continuity of government services. Issues involving changes to city policy or regulation will not be presented for consideration of the City Council during the time period identified in the Governor's Proclamation. The public is encouraged to attend the meeting by clicking on the link or calling the phone number below.Join Zoom MeetingHTTPS://ZOOM.US/J/496620952?PWD=MGJ5RMRZN3HLCG4RVVFMBEHXQ2TQDZ09Meeting ID: 496 620 952Password: 889888Dial by your location +1 669 900 6833Call To Order - Pledge Of AllegianceRoll Call - Excused AbsencesMinutesMinutes Of The Regular City Council Meeting Of March 24, 20203-24 -20.PDFVouchers/PayrollVoucher Total = $581,653.94Payroll Total = $892,376.98Claims For DamagesSmall Contracts (Less Than $10,000) - Approved By MayorJesse Erickson - Tennis Classes = 70% Of Fees Collected
Johnson Control Security Solutions - Alarm Monitoring = $816.00
Whitley Fuel - Equipment Loan = No Cost
Information Items
Citizen Comments
Comments must be submitted via email to
COUNCILCOMMENTS@CITYOFCHENEY.ORG or by dropping off handwritten comments
in the drop box at Cheney City Hall, 609 2nd St. All comments must be received by 5:00
p.m. on April 14, 2020.
Appointments
Action Items
Public Hearings
Resolutions
20 -027 - Resolution E -815 - Lodging Tax Disbursement
The City of Cheney has an additional application for Lodging Tax Funding. Cheney
Rodeo has submitted a request for total funding of $13,000. The Lodging Tax
committee met via zoom meeting and is recommending, as they did in 2019 for
the Cheney Rodeo, the full payment of their insurance request of $5,300 for
funding. Funding will not be disbursed until the event is confirmed.
20 -027 2020 LODGING TAX.PDF
E -815 2020 LODGING TAX APPROVAL.PDF
2020 AGREEMENT FOR TOURISM PROMOTION - CHENEY EVENTS
ASSOCIATION.PDF
CHENEY RODEO APPLICATION.PDF
20 -028 - Resolution E -816 - Washington Street Preservation Local Agency
Supplement One
The City received federal funding in the amount of $ $ 731,000.00 under the
Surface Transportation Block Grant (STBG), and Highway Infrastructure (HIP)
programs The grant is 76.5% federal dollars for street preservation on Washington
Street from Oakland Street to West 6th Street. Obligation for construction funding
requires a Local Agency Agreement Supplement.
CCAR 20 -028 WASH STREET PRES PROJECT LA AGREEMENT
SUPPLEMENT ONE.PDF
RES E -816 WASH STREET PRES PROJECT LA AGREEMENT
SUPPLEMENT ONE.PDF
WASHINGTON STREET PRESERVATION PROJECT 140 -041.PDF
20 -029 - Resolution E -817 - Sidewalk Repair Contract Award
The Public Works Department requested quotes for sidewalk repairs. We received
two quotes with Five Star Concrete Inc. submitting the lowest quote for $
13,500.00.
CCAR 20 -029 SIDEWALK REPAIR CONTRACT AWARD.PDF
RES E -817SIDEWALK REPAIR CONTRACT AWARD.PDF
SIDEWALK REPAIRS CONTRACT.PDF
SIDEWALK REPAIR QUOTE -FIVE STAR.PDF
20 -030 - Resolution E -818 - Asphalt Repairs Contract Award
The Public Works Department requested quotes for asphalt repairs. Only one
responsive quote was received from Inland Asphalt Company in the amount of $
13,325.00..
CCAR 20 -030 ASPHALT REPAIRS CONTRACT AWARD.PDF
RES E -818 ASPHALT REPAIR CONTRACT AWARD.PDF
ASPHALT REPAIRS CONTRACT 4 -8 -20.PDF
ASPHALT REPAIRS -INLAND ASPHALT QUOTE 4 -9 -20.PDF
Ordinances
Other Business
Staff Reports
Mayor's Report
Council Reports
Executive Session
Adjournment
A.B.C.D.Documents:E.F.G.
H.
I.
J.
K.
1.
Documents:
2.
Documents:
3.
Documents:
4.
Documents:
L.
M.
N.
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Regular City Council Meeting AgendaZoom MeetingApril 14, 2020 - 6:00 p.m.Virtual ParticipationIn response to Governor Inslee's Proclamation 20 -28 regarding Open Public Meetings during the COVID -19 pandemic, there will not be a physical meeting location for the City Council meeting. In addition to and based on guidance from the Washington State Attorney General, the City Council will only be considering "necessary and routine" items so as to ensure the continuity of government services. Issues involving changes to city policy or regulation will not be presented for consideration of the City Council during the time period identified in the Governor's Proclamation. The public is encouraged to attend the meeting by clicking on the link or calling the phone number below.Join Zoom MeetingHTTPS://ZOOM.US/J/496620952?PWD=MGJ5RMRZN3HLCG4RVVFMBEHXQ2TQDZ09Meeting ID: 496 620 952Password: 889888Dial by your location +1 669 900 6833Call To Order - Pledge Of AllegianceRoll Call - Excused AbsencesMinutesMinutes Of The Regular City Council Meeting Of March 24, 20203-24 -20.PDFVouchers/PayrollVoucher Total = $581,653.94Payroll Total = $892,376.98Claims For DamagesSmall Contracts (Less Than $10,000) - Approved By MayorJesse Erickson - Tennis Classes = 70% Of Fees CollectedJohnson Control Security Solutions - Alarm Monitoring = $816.00Whitley Fuel - Equipment Loan = No CostInformation ItemsCitizen CommentsComments must be submitted via email to COUNCILCOMMENTS@CITYOFCHENEY.ORG or by dropping off handwritten comments in the drop box at Cheney City Hall, 609 2nd St. All comments must be received by 5:00 p.m. on April 14, 2020.AppointmentsAction ItemsPublic HearingsResolutions20-027 - Resolution E -815 - Lodging Tax DisbursementThe City of Cheney has an additional application for Lodging Tax Funding. Cheney Rodeo has submitted a request for total funding of $13,000. The Lodging Tax committee met via zoom meeting and is recommending, as they did in 2019 for the Cheney Rodeo, the full payment of their insurance request of $5,300 for funding. Funding will not be disbursed until the event is confirmed. 20 -027 2020 LODGING TAX.PDFE-815 2020 LODGING TAX APPROVAL.PDF2020 AGREEMENT FOR TOURISM PROMOTION - CHENEY EVENTS ASSOCIATION.PDFCHENEY RODEO APPLICATION.PDF20-028 - Resolution E -816 - Washington Street Preservation Local Agency Supplement OneThe City received federal funding in the amount of $ $ 731,000.00 under the Surface Transportation Block Grant (STBG), and Highway Infrastructure (HIP) programs The grant is 76.5% federal dollars for street preservation on Washington Street from Oakland Street to West 6th Street. Obligation for construction funding requires a Local Agency Agreement Supplement. CCAR 20 -028 WASH STREET PRES PROJECT LA AGREEMENT SUPPLEMENT ONE.PDFRES E -816 WASH STREET PRES PROJECT LA AGREEMENT SUPPLEMENT ONE.PDFWASHINGTON STREET PRESERVATION PROJECT 140 -041.PDF20-029 - Resolution E -817 - Sidewalk Repair Contract AwardThe Public Works Department requested quotes for sidewalk repairs. We received two quotes with Five Star Concrete Inc. submitting the lowest quote for $ 13,500.00.
CCAR 20 -029 SIDEWALK REPAIR CONTRACT AWARD.PDF
RES E -817SIDEWALK REPAIR CONTRACT AWARD.PDF
SIDEWALK REPAIRS CONTRACT.PDF
SIDEWALK REPAIR QUOTE -FIVE STAR.PDF
20 -030 - Resolution E -818 - Asphalt Repairs Contract Award
The Public Works Department requested quotes for asphalt repairs. Only one
responsive quote was received from Inland Asphalt Company in the amount of $
13,325.00..
CCAR 20 -030 ASPHALT REPAIRS CONTRACT AWARD.PDF
RES E -818 ASPHALT REPAIR CONTRACT AWARD.PDF
ASPHALT REPAIRS CONTRACT 4 -8 -20.PDF
ASPHALT REPAIRS -INLAND ASPHALT QUOTE 4 -9 -20.PDF
Ordinances
Other Business
Staff Reports
Mayor's Report
Council Reports
Executive Session
Adjournment
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