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HomeMy WebLinkAboutORD 5981CITY OF RENTON, WASHINGTON ORDINANCE NO. 5981 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR RELIEF FROM CODE STANDARDS BY AMENDING SUBSECTIONS 4-2-110.A, 4-2- 110.E.2, 4-2-120.A, 4-2-120.13, 4-2-120.C, 4-3-100.E.b, 4-4-095.1, 4-8-070.D.8, 4-9- 250.6, 4-9-250.C, AND 4-9-250.1) OF THE RENTON MUNICIPAL CODE; REPEALING SUBSECTIONS 4-3-100.F, 4-3-100.G, 4-4-130.H AND 4-4-130.1 OF THE RENTON MUNICIPAL CODE; RE -LETTERING SUBSECTION 4-3-100.1 OF THE RENTON MUNICIPAL CODE TO 4-3-100.F; AND ADDING 4-4-010.QTO SECTION 4-4-010 OF THE RENTON MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on May 5, 2020, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on May 20, 2020, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION If. Subsection 4-2-110.A of the Renton Municipal Code is amended as shown in Attachment A. SECTION III. Subsection 4-2-110.E.2 of the Renton Municipal Code is amended as shown below. All other provisions in subsection 4-2-110.E remain in effect and unchanged. 1 ORDINANCE NO. 5981 2. Applicable provision(s) or standard(s) We Felated PF9ViS'*GRs aFe Ret y.r"h'^ Use Felated -s that are not eligible for a variance_ + e- Building size, units pef StFUG HFe/letvt,,-eF densitie5�,�^„�cSS h�,rcFS Si-2eir- deRSFty l�7 SECTION IV. Subsection 4-2-120.A of the Renton Municipal Code is amended as shown in Attachment B. SECTION V. Subsection 4-2-120.6 of the Renton Municipal Code is amended as shown in Attachment C. SECTION VI. Subsection 4-2-120.0 of the Renton Municipal Code is amended as follows: 4-2-120C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS 1. A density bonus may be granted for developments that satisfy the criteria and standards of RMC 4-9-065, Density Bonus Review. 2. The following table indicates the maximum requested size/standard change that may be allowed by an Administrative Conditional Use Permit. Increases above these levels may not be achieved by a variance or the conditional use permit process. APPLICABLE ZONE STANDARD CHANGE REQUEST Uses restricted to 3,000 gross sq. CN ft. — increases: ORDINANCE NO. 5981 APPLICABLE ZONE STANDARD CHANGE REQUEST Between 3,000 — 5,000 sq. ft. Uses restricted to 5,000 gross sq. CN ft. — increases up to: 20% or 1,000 gross sq. ft. Uses restricted to 65,000 gross All of the CV sq. ft. — increases up to: Zone 40% or 26,000 gross sq. ft. 3. These provisions maybe modified through the site plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. 4. UC Zone Upper -Story Setback: Buildings or portions of buildings that exceed fifty feet (50') in height and are located within one hundred feet (100') of a shoreline shall include upper story setbacks for the facade facing the shoreline and for facades facing publicly accessible plazas as follows: The minimum setback for a fifth story and succeeding stories shall be ten feet (10') minimum from the preceding story, applicable to each story. Projects not meeting the upper story setbacks defined above may be approved through the modification procedure pursuant to RMC 4-9-250D, when superior design is demonstrated the decision criteria are met. 5. Shoreline Master Plan Setbacks in the UC Zone: In the UC Zone, where the applicable Shoreline Master Program setback is less than fifty feet (50'), the 3 ORDINANCE NO. 5981 City may increase the setback up to one hundred percent (100%) if the City determines additional setback area is needed to ensure adequate public access, emergency access or other site planning or environmental considerations. 6. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Airport Influence Area and Safety Compatibility Zones designated under RMC 4-3-020. 7. Reserved. 8. UC Zone Architectural Requirement: Buildings that are immediately adjacent to or abutting a public park, open space, or trail shall incorporate building articulation and textural variety, in addition to at least one of the following features: a. Incorporate building modulation to reduce the overall bulk and mass of buildings; or b. Provide at least one architectural projection for each dwelling unit of not less than two feet (2') from the wall plane and not less than four feet (4') wide; or c. Provide vertical and horizontal modulation of roof lines and facades of not less than two feet (2') at a minimum interval of forty feet (40') per building face, or an equivalent standard that adds interest and quality to the project. 9. Applicable provision(s) or standard(s) Use Felated PF9VOsieRs aFe net ableUse ..,i ,+.,a +h-.+ are not eligible for a variance. El ORDINANCE NO. 5981 building size, units peF StFUGWFe/let, 9F densitie-s. I­IR1P__q_q _h9RUS size 9F deRSity 10. Reserved. 11. Freestanding signs are restricted to monument signs in the Commercial Arterial (CA) Zone along Rainier Avenue North. 12. Reserved. 13. A reduced minimum setback of no less than fifteen feet (15') may be allowed for structures in excess of twenty-five feet (25') in height through the site plan review process. 14. The vehicle entry for a personal garage (not structured parking) or carport shall be set back twenty feet (20') from any public right-of-way where vehicle access is provided; all other facades of a garage shall be subject to the applicable zone's minimum setback. 15. Maximum Setback: a. The maximum setback may be modified through the site plan review if the applicant can demonstrate that the proposed development meets the following criteria: i. Orients development to the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal 5 ORDINANCE NO. 5981 Code (RMC), encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and ii. Creates a low -scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and iii. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic, and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. b. Alternatively, the maximum setback requirement may be modified if the applicant can demonstrate that the preceding criteria cannot be met by addressing the criteria below. However, those criteria that can be met shall be addressed in the site development plan. i. Due to factors including but not limited to the unique site design requirements or physical site constraints such as critical areas or utility easements, the maximum setback cannot be met; or ii. One or more of the above criteria would not be furthered or would be impaired by compliance with the maximum setback; or iii. Any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. 16. Reserved. 17. Reserved. 6 ORDINANCE NO. 5981 18. Allowed Projections into Setbacks: a. Steps and decks having no roof and being not over forty-two inches (42") in height may be built within a front yard setback. b. Eaves and cornices may project up to twenty-four inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a distance of thirty feet (30') from the rear lot line may also occupy the side yard setback of an inside lot line. d. Where below -grade structures are permitted to have zero (0) front yard/street setbacks, structural footings may minimally encroach into the public right-of-way, subject to approval of the Community and Economic Development Administrator. 19. Specified development standards may be modified with an approved Master Plan. 20. Public facilities are allowed the following height bonus: Publicly owned structures shall be permitted an additional fifteen feet (15') in height above that otherwise permitted in the zone if "pitched roofs," as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than seventy-five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy-five feet (75') to the highest point of the building: 7 ORDINANCE NO. 5981 a. When abutting a public street, one (1) additional foot of height for each additional one and one-half feet (1-1/2') of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged; and b. When abutting a common property line, one additional foot of height for each additional two feet (2') of perimeter building setback beyond the minimum required along a common property line; and c. On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage by buildings for public amenities such as recreational facilities, and/or landscaped open space areas, etc., when these are open and accessible to the public during the day or week. 21. Assisted living facilities are eligible for bonus density pursuant to RMC 4-9-065, Density Bonus Review. 22. Minimum density requirements do not apply to assisted living facilities in the CO zone. 23. Reserved. 24. Reserved. 25. Reserved. SECTION VI1. Subsection 4-3-100.E.6 of the Renton Municipal Code is amended as shown below. All other provisions in subsection 4-3-100.E remain in effect and unchanged. 0 ORDINANCE NO. 5981 6. Signage: In addition to the City's standard sign regulations, developments within Urban Design Districts C and D are also subject to the additional sign restrictions found in RMC 4-4-100G, urban design sign area regulations. Modifications to the standard requirements found in RMC 4-4-100G are possible for those proposals that can comply with the Design District intent and guidelines, as determined by the Administrator ^-'*^r" {^-^d *^ °^"C " ° .i for proposals unable to meet the intent and guidelines ^'^d6'6;g6QR ffiteFia, a variance is required. SECTION VIII. Subsections 4-3-100.F, 4-3-100.G, and 4-3-100.1-1 of the Renton Municipal Code are hereby repealed as shown below. Subsection 4-3-100.1 shall be re -lettered as 4-3-100.F, as shown below. All other provisions in 4-3-100, except for the revision in SECTION VII above, remain in effect and unchanged. and the City as ..hole, 9 ORDINANCE NO. 5981 4. The d-eviatien manifests high quality desqgR; and i �".RSi►: 4 APPEALS: For appeals of administrative decisions made pursuant to the design regulations, see RMC 4-8-110, Appeals. SECTION IX. Section 4-4-010 of the Renton Municipal Code is amended to add a new subsection 4-4-010.0, to read as shown below. All other provisions in section 4-4-010 remain in effect and unchanged. 10 ORDINANCE NO. 5981 Q. MODIFICATIONS: The Administrator shall have the authority to modify the standards of this Section, subject to the provisions of RMC 4-9-250.1), Modification Procedures. SECTION X. Subsection 4-4-095.1 of the Renton Municipal Code is amended as shown below. All other provisions in section 4-4-095 remain in effect and unchanged. 4-4-095 SCREENING AND STORAGE HEIGHT/LOCATION LIMITATIONS: A. PURPOSE: The purpose of this Section is to provide screening standards for mechanical equipment and outdoor service and storage areas to reduce visibility, noise, and related impacts while allowing accessibility for providers and users. B. APPLICABILITY: The standards contained in this Section shall apply to: 1. New or Replacement Equipment/Activity: All proposals for new or replacement surface mounted equipment, rooftop equipment, outdoor storage, loading, repair, maintenance, work and/or retail areas. 2. Enlargement or Exterior Modifications of Existing Structures: Sites with existing surface mounted equipment, rooftop equipment, outdoor storage, loading, repair, maintenance, work and/or retail areas, that are not screened in conformance with this Section shall be required to conform to the screening requirements of this Section if enlarged or altered when the cost of additions, expansions, or alterations exceeds fifty percent (50%) of the assessed value of the existing structure or use shall result in the application of this Section; provided, 11 ORDINANCE NO. 5981 that interior alterations or improvements which do not result in the exterior modification of an existing building, structure, or use shall be exempt from these provisions. C. AUTHORITY: The Community and Economic Development Administrator shall determine compliance with these standards concurrently with any development permit review. D. SURFACE MOUNTED EQUIPMENT: 1. General Screening: All on -site surface mounted utility equipment shall be screened from public view. Screening shall consist of equipment cabinets enclosing the utility equipment, solid fencing or a wall of a height at least as high as the equipment it screens, or a landscaped visual barrier allowing for reasonable access to equipment. Equipment cabinets, fencing, and walls shall be made of materials and/or colors compatible with building materials. a. Industrial Zone Exemption: Surface mounted equipment located in industrial developments that are greater than one hundred feet (100') from residentially zoned property and/or public streets are exempted from requirements in subsection D1 of this Section, General Screening. E. ROOF -TOP EQUIPMENT: All operating equipment located on the roof of any building shall be enclosed so as to be screened from public view. Subject to the Administrator's discretion, shielding shall consist of the following: 12 ORDINANCE NO. 5981 1. New Construction: Roof wells, clerestories, or parapets, walls, solid fencing, or other similar solid, nonreflective barriers or enclosures. 2. Additions to Existing Buildings: Where the existing roof structure cannot safely support the required screening, or where the integrity of the existing roof will be compromised by the screening, the Administrator may require painting of the equipment to match the approximate color of the background against which the equipment is viewed, or an equivalent nonstructural method to reduce visibility. F. OUTDOOR STORAGE, LOADING, REPAIR, MAINTENANCE AND WORK AREAS: 1.Outdoor Loading — Multi -Family Zones: Loading areas shall be screened by a solid barrier fence or landscaping, or some combination thereof as determined through the site plan development review process or the modification process for site plan development review exempt proposals. 2. Outdoor Loading, Repair, Maintenance and Work Areas — Commercial and Industrial Zones: Screening is not required, except when the subject commercial or industrial lot abuts or is adjacent to a residentially zoned lot and the regulated activity is proposed on the side of the property abutting or adjacent to the listed zones. In such cases, a fence, or landscaping, or a landscaped berm, or any combination of the same is required to achieve adequate visual or acoustical screening. These provisions may be modified through the site plan development review process, or the modification process for site plan exempt 13 ORDINANCE NO. 5981 proposals, where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc. 3.Outdoor Storage — Commercial or Industrial Zones: When permitted by the underlying zone, outdoor storage must be screened from adjacent or abutting properties and public rights -of -way. Outdoor storage uses shall provide sight - obscuring fences or solid walls a minimum of six feet (6') in height, berming, and/or landscaping as determined by the Administrator to achieve adequate visual or acoustical screening. Outside storage shall not be permitted in any required setback area. Products or materials covered by buildings with roofs but without sides shall be considered outside storage and subject to the screening provisions of this Section. Exterior sales of autos, boats and motorcycles are not considered outdoor storage. a. Special Outdoor Storage Height Requirements, Industrial Zones: Limited to fifteen feet (15') in height. G. VEHICLE STORAGE SCREENING, CA ZONE: In lieu of subsection F3 of this Section, vehicle storage screening shall include the following: fencing, berming, enclosing walls and landscaping, as determined by the Administrator, sufficient to achieve substantial visual and acoustical screening, shall be provided to screen adjacent and abutting properties, public rights -of -way and limited rights -of -way. H. OUTDOOR RETAIL SALES — CD ZONE: 14 ORDINANCE NO. 5981 Outdoor retail sales uses in the CD Zone must be fully enclosed on all sides and screened from view of adjacent uses and abutting public streets. 1. ►■np'n MODIFICATIONS: The Administrator shall have the authority to modify the standards of this Section, subject to the provisions of RMC 4-9-250.D, Modification Procedures. A J. APPEALS: See RMC 4-8-110. SECTION XI. Subsection 4-4-130.1 of the Renton Municipal Code is repealed and reserved as shown below. All other provisions in section 4-4-130 remain in effect and unchanged. SECTION XII. Subsection 4-8-070.D.8 of the Renton Municipal Code is amended as shown below. All other provisions in subsection 4-8-070.1) remain in effect and unchanged. D. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR: Authority: The Community and Economic Development Administrator shall review and act on the following: 1. Appeals relating to the International Building Code; 15 ORDINANCE NO. 5981 2. Building and grading permits; 3. Permits to rebuild for nonconforming structures; 4. Conditional use permit, administrative; 5. Critical area regulation alternates and modifications; 6. Critical areas regulation administrative determinations pursuant to RMC 4-3-050D5; 7. Lot line adjustments; 8. Modifications1 :: [a requirements of the paFl ' g, lead -a^•' ar0y^.Vay ulatien ; . ��aneesrrr.�ees. 9. Public art exemption certificates; 10. Review of business licenses for home occupations; 11. Revocable permits for the temporary use of a public right-of-way; 12. Routine vegetation management permits; 13. Shoreline exemptions; 14. Shoreline permits; 15. Short plats; 16, Site plan approval, administrative; 16 ORDINANCE NO. 5981 17. Master Plan review (individual phases); 18. Temporary emergency wetland permits; 19. Temporary use permits; 20. Variances: a. Administrative pursuant to RMC 4-9-25013; b. Variances not associated with a development permit that requires review by the Hearing Examiner, provided the variance authority is not specifically given to another authority elsewhere in this Chapter, and any building permits submitted in conjunction with such variance application; and c. Variances from chapter 8-7 RMC, Noise Level Regulations; 21. Waivers: a. Waivers of right-of-way dedication for plat; b. On- and off -site improvements (including deferrals); and c. Allowing a commercial or multi -family residential driveway grade of between eight percent (8%) and fifteen percent (15%); 22. Final Planned Urban Developments; 23. Dedications of property for public purposes; 24.Impact fees — applicability, value of credits, independent fee calculations, or any other authority defined in RMC 4-1-190; and 25. Approval of final plats. 17 ORDINANCE NO. 5981 SECTION XIII. Subsections 4-9-250.6, 4-9-250.C, and 4-9-250.1) of the Renton Municipal Code are amended as shown below. All other provisions in section 4-9-250 remain in effect and unchanged. B. VARIANCE PROCEDURES: 1. Authority and Applicability for Administrative Variances: Except for the referenced Code in RMC 4-9-250.B.2, -The Gemmunity—a„d Eeenemie Develepmea the Administrator shall have the authority to gfaRt -approve, approve with conditions, or deny applications for variances from the fellew+ng development standards of the following Code when no other permit or approval requires Hearing Examiner review: a. Chapter 4-2 RMC, except for RMC 4-2-060, Zoning Use Table - Uses Allowed in Zoning Designations, and RMC 4-2-080, Conditions Associated with Zoning Use Tables; and Chapter 4-4 RMC. Ra4dpMeal ' and Uses•' „t width let eeverage. Lot width, let depth, and setbuckwafiat+en3-d 19 RQ-t FegUiFe-a YaFianee-i* b. 6emmereial�, :d— Indus t .021 land Uses; Lot width, let depth, setbacks, allewed-prefeetiens into setbacks, building height, and lereeyeFage, e,-Proposals Located Within Critical Areas: 18 ORDINANCE NO. 5981 i. Wellhead Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. ii. Flood Hazards: Variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regulations. iii. Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: Variances from the geologic hazard requirements of RMC 4-3- 050, Critical Areas Regulations. iv. Wetlands: (a) Creation/restoration/enhancement ratios: Categories I and (b) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category IV. (c) A new or expanded single family residence on an existing, legal lot, having a regulated Category IV wetland. (d) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category I or II. v. Streams and Lakes: 19 ORDINANCE NO. 5981 (a) A new or expanded single family residence on a pre-existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050, Streams and Lakes, for Types F, Np, and Ns. (c) Activities proposing to vary from stream regulations not I*Sted- „ I,.,,..,h,,. a OR RA.AC 4_9_25013 a, land authorized to be requested as variances in RMC 4-3-050. vi. General: Public/quasi-public utility or agency proposing to alter wellhead protection, geologic hazard, habitat or wetlands regulations not listed above. cd. Proposals to Vary from the Drainage Standards: If an applicant feels that the application of the regulations in the Surface Water Design Manual would deny all reasonable use of the property, the applicant of a development proposal may apply for a variance. 2. Limitation on Authority: The Administrator shall not grant variances to: a. Development standards or requirements related to residential density minimums or maximums, units per structure or units per lot; prohibited. b. Any procedural or administrative provision of Title IV; and c. Any provision of Title IV from which a variance is expressly 20 ORDINANCE NO. 5981 A. Filing of Application: A property owner, or his duly authorized agent, may file an application for a variance which application shall set forth fully the grounds therefor and the facts deemed to justify the granting of such variance. 34. Submittal Requirements and Application Fees: Shall be as listed in RMC 4-8-120C, Land Use pplieatieRs Permit Submittal Requirements, and the most currently adopted Renton Fee Schedule. ^ '-"^ Land "r^ °^••'^w R^^r' ,45. Public Notice and Comment Period: Notice of the application shall be given pursuant to RMC 4-8-090, Public Notice Requirements. 66. Decision Criteria: Except for variances from critical areas regulations, a determination shall be made in writing that the conditions specified below have been found to exist: a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; 21 ORDINANCE NO. 5981 c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; d. That the approval is a minimum variance that will accomplish the desired purpose. 67. Special Review Criteria — Reasonable Use Variance — Critical Areas Regulations Only: For variance requests related to the critical areas regulations not subject to subsections 9-7-8 to 63-213 of this Section, a reasonable use variance may be granted if all of the following criteria are met: a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; b. There is no reasonable use of the property left if the requested variance is not granted; c. The variance granted is the minimum amount necessary to accommodate the proposal objectives; d. The need for the variance is not the result of actions of the applicant or property owner; and e. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in subsection F of this Section are followed. 22 ORDINANCE NO. 5981 78. Special Review Criteria for Variances from the Wellhead Protection Regulations: Except for public or quasi -public utility or agency proposals which are subject to subsection B4412 of this Section, the following criteria shall be considered, in addition to those criteria in subsections B§6 and B67 of this Section, for variances from aquifer protection regulations: a. That the proposed activities will not cause significant degradation of groundwater or surface water quality; and b. That the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: activity; and activity; and i. Limiting the degree or magnitude of the hazardous material and ii. Limiting the implementation of the hazardous material and iii. Using appropriate and best available technology; and iv. Taking affirmative steps to avoid or reduce impacts; and c. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and d. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in subsection F of this Section are followed. 23 ORDINANCE NO. 5981 89. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations: In lieu of the variance criteria of subsection B-56 of this Section, the following directives and criteria shall be utilized in the review of variance applications related to the flood hazard requirements of the critical areas regulations: a. Purpose and Intent: Variances, as interpreted in the national flood insurance program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. b. Review Criteria: In passing upon such an application for a variance, the following review criteria shall be considered: i. Consider all technical evaluations, all relevant factors, standards specified in other sections of this Section; and: (a) The danger that materials may be swept onto other lands to the injury of others; damage; (b) The danger to life and property due to flooding or erosion (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 24 ORDINANCE NO. 5981 (d) The importance of the services provided by the proposed facility to the community; applicable; (e) The necessity to the facility of a waterfront location, where (f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. ii. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below 25 ORDINANCE NO. 5981 the base flood level, provided criteria in subsection B89b(i) of this Section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. iii. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsections B99b(ii), (iii) or (iv) of this Section, and otherwise complies with RMC 4-3-05012a and 12b of the general standards. iv. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. v. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. vi. Variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary al ORDINANCE NO. 5981 public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (d) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. c. Conditions of Approval: Upon consideration of the factors of subsection 13S9b of this Section, and the purposes of this Section, conditions may be attached to the granting of variances if deemed necessary to further the purposes of this Section. d. Notice Required upon Variance Approval: Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. e. Records: The Administrator shall maintain the records of all variance actions and report any variances to the Federal Insurance Administration upon request. 6�10. Special Review Criteria — Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: For variance requests to alter steep slopes over forty percent (40%) or greater and very high landslide hazard areas and their associated setbacks, the following criteria shall apply: a. The variance granted is the minimum amount necessary to accommodate the proposal; and 27 ORDINANCE NO. 5981 b. Alternative development concepts that comply with RMC 4-3- 050 have been evaluated and that practical difficulties and unnecessary hardship would result from the strict application of the code; and c. The proposal does not adversely impact geological hazards or other critical areas on adjacent properties; and d. The need for the variance is not the result of actions of the applicant or property owner; and e. The proposal does not create or increase a risk to the public health, safety, and welfare, or to public or private property; and f. If the Administrator approves a variance under this subsection, the following conditions of approval, among others, may be imposed: i. The recommendations of the geotechnical report are followed; ii. Project plans shall be reviewed and sealed by a geotechnical engineer or the geotechnical engineer shall submit a sealed letter stating that they have reviewed the plans and in their opinion the plans and specifications meet the intent of the geotechnical report; and iii. An appropriate number of site visits by the geotechnical engineer to establish proper methods, techniques, and adherence to plan drawings is demonstrated during and after construction. l911. Special Review Criteria — Single Family Residence on a Legal Lot with a Category IV Wetland; or Single Family Residence on a Legal Lot with a Type F, Np, or Ns Stream/Lake: In lieu of the criteria shown in subsection 1367 of 28 ORDINANCE NO. 5981 this Section, a variance may be granted from any wetland or stream requirement in the critical areas regulations for a single family residence to be located on an existing legal lot if all of the following criteria are met: a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. Otherwise the alteration shall be subject to the review criteria of subsection 1367of this Section; b. Access is located so as to have the least impact on the wetland and/or stream/lake and its buffer; c. The proposal preserves the functions and values of the wetlands and/or stream/lake/riparian habitat to the maximum extent possible; possible; d. The proposal includes on -site mitigation to the maximum extent e. The proposal first develops noncritical area, then the critical area buffer, before the critical area itself is developed; f. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this Section; and 29 ORDINANCE NO. 5981 h. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in subsection F of this Section are followed. 1412. Special Review Criteria — Public/Quasi-Public Utility or Agency Altering Wellhead Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations: In lieu of the variance criteria of subsection B-56 of this Section, applications by public/quasi-public utilities or agencies proposing to alter aquifer protection, geologic hazard, habitat, stream and lake or wetland regulations shall be reviewed for compliance with all of the following criteria: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served; b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. Each facility must serve established, identified public needs; d. No practical alternative exists to meet the needs; e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; f. The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located; 30 ORDINANCE NO. 5981 g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; i. The approval is the minimum variance necessary to accomplish the desired purpose; and j. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in subsection F of this Section are followed. 1213. Special Review Criteria — Constructing Structures over Piped Streams: For variance requests involving the construction of structures over piped streams, the following criteria shall apply: a. The proposal is the minimum necessary to accommodate the structure; and b. There is no other reasonable alternative to avoid building over a piped stream; and c. The existing pipe stream system that would have to be located under the structure is replaced with new pipe material to ensure long-term life of the pipe and meets structural requirements; and d. The piped stream system is sized to convey the one hundred (100) year future land use condition runoff from the total upstream tributary area as 31 ORDINANCE NO. 5981 determined from a hydrologic and hydraulic analysis performed in accordance with standards determined by the City and in accordance with other City's standards; and e. The piped stream that will be built over will need to be placed in a casing pipe sized to allow pipe skids and the potential need to increase the pipe size by a minimum of one pipe diameter. The casing pipe shall be a minimum of three pipe diameters larger than the diameter ofthe pipe that conveys the stream; and f. To allow for maintenance, operation and replacement of the piped stream that has been built over, a flow bypass system shall be constructed and access manholes or other structures of sufficient size as determined by the City shall be required on both sides of the section of the piped stream that is built upon; and g. There will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property. 13314. Special Review Criteria: In lieu of the variance criteria of subsection B67 of this Section, applications proposing to alter the core and special requirements described in the Surface Water Design Manual shall be reviewed for compliance with all of the following criteria: a. There are special physical circumstances or conditions affecting the property such that strict application of the criteria for producing a compensating or comparable result would deprive the applicant of all reasonable use of the 32 ORDINANCE NO. 5981 parcel of land in question, and every effort has been made to find creative ways to meet the intent of the requirement for which the variance is sought; b. Granting the variance for the individual property in question will not create a significant adverse impact to public health, welfare, water quality, and properties downstream or nearby; c. The variance requires the best practicable alternative for achieving the spirit and intent of the requirement in question; and d. In addition, the application must include the following information as required by the State Department of Ecology per the 2007 Phase II NPDES General Municipal Stormwater Permit: i. The current (pre -project) use of the site. ii. How application of the requirements in the Surface Water Design Manual for which a variance is being requested denies all reasonable use of site compared to the development review conditions and restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. granted. iii. The possible remaining uses of the site if the variance was not iv. The uses of the site that would have been allowed under development review conditions and restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. 33 ORDINANCE NO. 5981 v. A comparison of the estimated amount and percentage of value loss as a result of the requirements of this manual versus the estimated amount and percentage of value loss as a result of conditions and/or restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. vi. The feasibility for the owner to alter the project to apply the requirements of this manual. -1415. Continuation of Public Hearing: If for any reason testimony in any manner set for public hearing, or being heard, cannot be completed on date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to and at which said meeting will be continued, and no further notice of any kind shall be required. 3§16. Decision Process: a. The Administrator Shall Announce Findings and Decisions: Not more than thirty (30) days after the termination of the proceedings of the public hearing on any variance, the Administrator shall announce the Administrator's findings and decision. If a variance is granted, the record shall show such conditions and limitations in writing as the Administrator may impose. b. Notice of Decision of the Administrator: Following the rendering of a decision on a variance application, a copy of the written order by the Administrator shall be mailed to the applicant at the address shown on the 34 ORDINANCE NO. 5981 application and filed with the Department of Community and Economic Development and to any other person who requests a copy thereof. c. Reconsideration: (Reserved) d. Record of Decision: Whenever a variance is approved by the Administrator, the Department shall forthwith make an appropriate record and shall inform the administrative department having jurisdiction over the matter. -1617. Conditions of Approval: Conditions may be placed upon the variance if deemed to be necessary and required. 4-718. Finalization: (Reserved) U819. Expiration of Variance Approval: Any variance granted, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such variance has been issued. For proper cause shown, an applicant may petition for an extension of the two (2) year period during the variance application review process, specifying the reasons for the request. The time may be extended but shall not exceed one additional year in any event. 19. Extension of Approval: For proper cause shown, an applicant may petition for an extension of the approved expiration period established per subsection B-1419 of this Section prior to the expiration of the time period, 35 ORDINANCE NO. 5981 specifying the reasons for the request. The time limit may be extended, but such extension shall not exceed one additional year in any event. C. WAIVER PROCEDURES: 1. Authority for Waiver, General: (Reserved) 2. Authority for Waiver of Street Improvements: The Administrator may grant waiver of the installation of street improvements subject to the determination that there is reasonable justification for such waiver. 3. Application and Fee: Any application for such a waiver shall specify in detail the reason for such requested waiver and may contain such evidence including photographs, maps, and surveys as may be pertinent thereto. The application fee shall be as specified in RMG-Z 4 1 1-70, Land Use Review eesthe City of Renton Fee Schedule. 4. Decision Criteria, General: (Reserved) 5. Decision Criteria for Waivers of Street Improvements: Reasonable justification shall e be based on criteria "a" and "b" below: additional justification may include, but is not limited to criteria "c" through "e" below: a. Required street improvements will alter an existing wptl;;Rag er StFeam, 9F would have a negative impact on a shereli^ aFea other properties. b. In no case shall a waiver be granted unless it is shown that there will be a de mimimis effect on the public health, safety or welfare if the improvements are not installed, and that the improvements are not needed for current or 36 ORDINANCE NO. 5981 anticipated development. Existing steep +.,.,,,, Faphy ,. 9HId make . Fed StFe t c. Required street improvements weuld will alter an existing wetlands or stream, or have a negative impact on a shoreline's area etheF ff9pe ties suet; d. Required There .'^ Re `'i""iIaF improvements will be installed as part of a City protect, as identified in the City's Transportation Improvement Program or similar documentation as determined by the Administrator i^ the viei^ity and e. Existing steep topography would make required street improvements infeasible. IR Re -ease `hall . be gFanted - RIeSS i+ i-h.,..,.. CIIOC CIICIC Y9ill111 17C Ile OCCIIIIICnCa PffPr#�6n thPpablie health, D. MODIFICATION PROCEDURES: 1. Application Time and Decision Authority: Modification from standards, either in whole or in part, shall be subject to review and decision by the Administrator upon submittal in writing of justification for such modification. 2. Decision Criteria: Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant 37 ORDINANCE NO. 5981 modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; c. Will not be iRjWFieus create substantial adverse impacts to other property(ies) in the vicinity; d. Conforms to the intent and purpose of the Code; and e. Can be shown to be justified and required for the use and situation intended, -;and SECTION XIV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. ORDINANCE NO. 5981 SECTION XV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this �2- day of October , 2020. r Jason . SethIll Clerk APPROVED BY THE MAYOR this I'L day of October , 2020. 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