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Home My WebLink AboutShoreline Master Program Amendments (1997 Comp Plan ) I ! I I R VIS El) CITY OF RENTON I SHORELINE MASTER PROGRAM I I , I ADOPTED BY ORDINANCE NO. 3758 December 5, 1983 • Revised July 22, 1985 (Minutes), March 12, 1990 (Resolution 2787), I I July 16, 1990 (Resolution 2805)-a-het,September 13, 1993 (Minutes), and i Q RI) , 1998 (Ordinance ) I � I TABLE OF CONTENTS Section Page 1 Introduction- 1 2 Procedures 5 2.01 Information Prior to Submitting Application 5 it 2.02 Shoreline Permits 5 • 2.03 Exemptions 7 I , 2.04 Review of Application 11 2.05 Time Requirements: Shoreline Permits 12 II 2.06 Rulings to State 15 ' 2.07 Enforcement 15 2.08 Rescission of Permits I 15 2.09 Appeals 16 2.10 Penalties 16 2.11 Amendments 17 3 Regulated Shorelines-of4hee Ciity 4318 4 Goals and Policies 4419 4.01 Shoreline Uses and Activities Element 19 4.02 Conservation Element 19 4.03 Economic Element 21 4.04 Public Access Element � 21 4.05 Recreation Element 22 4.06 Circulation Element 23 4.07 Residential Element 23 5 Environments 2025 5.01 Three Environments I 25 5.02 Natural Environment 25 5.03 Conservancy Environment 25 5.04 Urban Environment 27 6 General Use Regulations 2328 6.01 Applicability 28 6.02 Environmental Effects 28 •I I 6.03 Use Compatibility and Aesthetic Effects 28 6.04 Public Access 29 6.05 Facility Arrangement- Shoreline Orientation 29 li 6.06 Landscaping 29 3/19/98 2 it 6.07 Unique and Fraqile Areas 29 7 Specific Use Regulations 2630 7.01 Airport- Seaplane Bases 2530 7.02 Aquaculture 2630 7.03 Boat-launching Ramps 2631 7.04 Bulkheads 2732 7.05 Commercial Development 2833 7.06 Dredging 2833 7.07 Industrial Development 3035 7.08 Landfill 3435 l ' 7.09 Marinas 31.36 7.10 Mining 3237 7.11 Parking 3237 7.12 Piers and Docks 3337 7.13 Recreation 3641 7.14 Residential Development 3742 7.15 Roads and Railroads 3842 7.16 Stream Alteration 3843 7.17 Trails 3944 7.18 Utilities 4045 8 Variances and Conditional Uses 4348 8.01 Variances and Conditional Use Permits 48 8.02 Variances 48 8.03 Conditional Use 48 8.04 Time Limit, Permit Validity, and Appeals 49 9 Definitions 4550 LIST OF FIGURES (MAPS) 3-1 Map of Shorelines 4318-A 5-1 Map_of Environments 2227-A Appendix A Springbrook Creek Shoreline Boundary Map A-1 II I 3/19/98 3 I ' E I I SECTION 1. INTRODUCTION 1.01 BACKGROUND II For several years there has been growing concern among citizens, local government and i State government about the increasing pressures affecting the utilization of the shorelines within the State. In general, shorelines are of limited supply and are faced with rapidly increasing demands for such traditional uses as ports, fishing, swimming; and scenic views, as well as new demands for recreational subdivisions, private housing, commercial and industrial uses. More people, higher incomes, more leisure time, and general business growth have combined to create a heavy use of the shorelines. ' In the fall of 1970, the Washington Environmental Council circulated an initiative petition known as the Shorelines Protection Act, or Initiative 43, and gathered enough signatures to certify it to the legislature meeting in 1971. Initiative 43, placed tile primary responsibility for the planning and implementation of the Act with State government. The legislature then had the choice of accepting Initiative 43, passing a substitute measure, or taking no action whatsoever. They chose the second option and enacted engrossed Substitute House Bill#584, which was called the Shoreline Management Act.of 1971, and subsequently became Initiative 43B. Initiative 43B, called for local control of planning and implementation of the Act. In November of 1972, both measures were placed on the ballot, and the Stete's voters selected the Shoreline Management Act of 1971 (RCW 90.48). This Act,is based on the philosophy that the shorelines of our State are among our most "valuable"; and "fragile" natural resources and that unrestricted development of these resources is not in the best public interest. Therefore, planning and management are necessary in order to prevent the harmful effects of uncoordinated and piece-meal development of our State's shorelines. 1.02 REQUIREMENTS OF THE SHORELINE MANAGEMENT ACT Under the Washington State Shoreline Management Act, local governments have the primary responsibility for initiating the planning program and administering the regulatory requirements of the Act, with the Department of Ecology acting in a supportive and review capacity. As set forth in the provisions of the Act, local governments must fulfill the i� following basic requirements: 1. Administration of a shoreline permit system for proposed substantial, development on wetlands of designated water bodiesshorelines of the State 'regulate d by y Renton. 2. Compilation of a comprehensive inventory which includes a survey of natural characteristics, present land uses, and patterns of ownership. 3. Development of a Master Program to provide an objective guide for regulating the _ 'I use of shorelines. • 3/19/98 1 I I I i 1.03 COMPLIANCE IN RENTON The Washington State Shoreline Management Act of 1971, directs all local governments to develop a Master Program for the management of all shorelines of the State and associated wetlands shorelands which are under the local governments' jurisdictions. This Master Program has been prepared to comply with the requirements of that Act and to formulate guidelines which will regulate the future I utilization and development of the shorelines lying-within the ' i City of Renton's jurisdiction. Specifically, this Master Program affects the shorelines of Lake Washington, Cedar River, Green River, Black River, Springbrook Creek, and May Creek, and any other shoreline later coming under the jurisdiction of the Act. In compliance with the first requirement of the State Act, and as part of this Master Program, the City of Renton is establishing a permit system, under which a permit would have to be obtained for any substantial development proposed within aforementioned shorelines, within t e cit—o.z; Ins Renton's jurisdiction. Substantial development, according to the law, means any development on which the fair market value exceeds $1,000.00 $2,500.00, or any development which would materially interferes with the normal public uses of the water or shorelines of the state. As part of that permit system, the following are considered general exceptions to the permit requirement are allowed and listed in section 2.03 of this document. 1. Normal maintenance or repair of existing structures. 2 �ns ction of th n t iye h, lkh d common to sin I family �. rru vavn--yr—crime rr9r�al--$rdce6tivc--vamrrea �rR�re�urrmT residences. 3, enc y constr�action necessary to protect roperty fro dama a by the erg o7�T`'c' vr)--c�Prv�ccvr� pera�-� �arrr g -v�-m� elements, . C.. Construction on wetlands by an owner • Hof a single v. , lessee or contract purchaser not exceed a height of thirty-five (35) feet above average grade level 7. Construction of a dock designed for pleasure craft only, for the non commercial i se of the owner of a single f re vence the cost of which does not exceed r * (Applications for Exceptions must still be submitted to and approved by the Development Services Division.) However, any development which occurs within the city's shorelines, as defined by the Act, whether it requires a permit or not, must be consistent with the intent of the State law. Under the shoreline permit system herein established, administrative responsibility for 1 issuing substantial development permits lies with the Development Services] Division of the Planning/Building/Public Works Department, but the permits arc reviewed in the event-of-dispute-by tThe Land Use Hearing Examiner ho has the authority'to approve or deny grant shoreline variance or conditional use permit applications, which are then approved or denied by the Department of Ecology. Liberal provisions are provided for appeal of permit decisions made by the -Rlanning/Bu-ilding-/Publio-Works-DepaAment Development Services Division to the State of Washington Shorelines Hearings Board. Appeals of the decisions of the Land Use Hearing Examiner for-substantial-development permits-(in-instanees-where-Rearing-Examiner--review-is-required),) for conditional use I ' 3/19/98 2 I I permits and for variances are also heard by the State of Washington Shorelines Hearings Board. In compliance with the second requirement of the Act, the Renton Planning Department conducted a comprehensive inventory of the natural characteristics, present and uses, and patterns of ownership along the City's shoreline. The inventory was completed in October, 1972, and provided a substantial basis for the development of this Master Program. The environments and specific use regulations reflect the local conditions that are documented in that inventory. In compliance with the third requirement of the Act, the City of Renton, with the help of its local citizens, has developed a Shoreline Master Program to serve as, al guide for regulating use of the City's-shorelines of the State within Renton's iurisdiction. Included therein is a description of the goals, objectives, policies, environments, use regulations, and provisions for variances and conditional uses, that were enacted as part of an overall plan which will regulate the future utilization and development of the shorelines of the State under Renton's jurisdiction. 1.04 DEVELOPMENT OF THE MASTER PROGRAM The Shoreline Management Act requires that Renton's Shoreline Management Program serve as an objective guide for regulating use of the City's shorelines of the State under the City's jurisdiction. As defined by the Act, the Master Program is to he general, comprehensive, and long-range (20-30 years) in order to be applicable to all of Renton's shorelines. "General" means that the policies, proposals, and guidelines are not directed towards any specific sites. "Comprehensive" means that the Program is directed toward all land and water uses, their impact on the environment and logical estimates of future growth, and it also means that the Program shall recognize the plans and pirograms of other governmental units, and adjacent jurisdictions. "Long range" means that the Program is to be directed at least twenty (20) to thirty (30) years into the future, look beyond immediate uses, and follow creative objectives rather than a simple projection of current trends and conditions. The basic intent of this Master Program is to provide for the management of our City's shorelines of the State within Renton's jurisdiction by planning for and fostering all reasonable and appropriate uses and to ensure, if development takes place, that it is done in a manner which will promote and enhance the best interests of the general public. This Master Program has further been formulated to protect the public interest and general welfare in the-City'-s shorelines regulated by Renton and, at the same time, to recognize and protect owners' legal property rights consistent with the public interest. The goals and policies of this Master Program are formulated so as to enhance the public use and enjoyment of the shorelines so long as that public use is consistent with, and does not impair, legal private property rights. It is recognized that the shorelines of the oity-State of-found in Renton are located within a major urbanized areal and that they are subject to ever increasing pressures of additional uses necessitating increased coordination in the management and development of the shorelines. An attempt has, therefore, been made to present a planned, rational, and concerted effort 'to increase coordinated and optimum utilization of the shorelines of the city of State under Renton's jurisdiction. Additionally, this Master Program has also been formulated so as to provide,for uses of our shorelines in the following order of preference: 3/19/98 3 1. Recognize and protect the state-wide interest over local interest on shorelines of state-wide significance. 2. Preserve the natural character of the shorelines. 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shorelines. 7. Provide for any other element deemed appropriate or necessary. It should also be noted that the Department of Ecology has designated Lake Washington as a "region" for the purpose of shoreline planning. The Lake Washington Regional Shoreline goals and Policies adopted by the Regional Citizens Advisory Committee on October 31, 1973, have been considered in the formulation of this Master Program. This Master Program should be read in its entirety and be considered as a whole. The goals and policies and specific uses of this Master Program were developed in,an attempt to provide long-range,planning which would govern the future utilization and development of our shorelines. Although it is anticipated that this Master Program will need to be revised from time-to-time as additional shorelines are annexed and become 'subject to the provisions of this Act, as planned unit developments are established, and as additional experience is gained working with this Act during its initial implementation period, it is felt that the general goals and policies of this Master Program provide the general guidelines under which future utilization and development might occur. We feel.confident that these final guidelines are expressive of the concerns of the citizens of the City of Renton for the management of their shorelines. This master Program has been written with the spirit of optimism, with the hope that our legacy of natural grandeur in the City of Renton will be more wisely used in the brief period of time it is entrusted to us, so that succeeding generations might have it to enjoy. In 1982, the Renton Planning Commission recommended revisions to the Master Program in accordance with the provisions requiring periodic review. The Renton City Council adopted revisions to this Master Program in late 1983. 3/19/98 4 ! I ' j I ! j SECTION 2. PROCEDURES 2.01,, j INFORMATION PRIOR TO SUBMITTING APPLICATION Prior to submitting an application for a shoreline permit or an exemption from a shoreline permit, the applicant should j informally discuss a proposed development with the Building-and-Zoning-Department Development Services Division. This will enable the applicant to become familiar with the requirements of this Master Program, Building and Zoning procedures, and enforcement procedures. 2.02 SUBSTANTIAL DEVELOPMENT SHORELINE PERMITS I I 2.02.01 Application Forms and Fees No substantial development shall be undertaken on shorelines of the City without first obtaining a 'bstantial development shoreline permit'-' from the Department Development Services Division. Applications for such permits shall be made on forms, and in-a-reviewed according to procedures prescribed by the wilding--and Zoning Department Development Services Division. Application forms may be revised from time-to-time by the Development Services Division without prejudice to any existing applications. Such forms should be designed to obtain for-the-Building-and-Zoning-Department provide such information as is necessary to determine whether such a permit is justified. Applications shall be made by the property owner, or his authorized agent, lessee, contract purchaser, or other person lentitled to possession of the property and, except for applications filed by or on behalf of Ithe City or other governmental agencies, shall be accompanied by a receipt issued by the Finance Department showing payment of the applicable fees which are established by the fee schedule ordinance. ! i � 2.02.02 Publishing Notice and Posting The applicant shall cause to be published„ices ereof once a week for two (2) consecutive weeks in a newspaper of general circulation in the area where said general-oiroulation-in-a-neighboring-jurisdiotion-if-At-appears-that-the-proposed-prejeot-may of-publication: Three (3) copies of the a notice of development application shall be posted prominently I on the property concerned and in conspicuous public places within three hundred (300) feet thereof. The notice of development application shall also be mailed to property owners within three hundred feet (300') of the boundaries of the subject property. The required contents of the notice of development application are detailed in Section 4-36- 8(B) of the Renton Municipal Code. Each such notice of development application shall include a statement that persons desiring to present their views to the Building and Zoning Department Development Services Division with regard to said application may do so in writing to that Department Division, and persons interested in the Building and Zoning Department's Development Services Division's action on an application for a permit may submit their views in writing 3/19/91 5 or notify the Building-and-Zoning-Department-Development Services Division in writing of their interest within thirty (30) days from the last date of publication--issuance of such notice. Notice of development application.for a substantial development permit regarding a limited utility extension as defined in RCW 90.58.140(11)(b), or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall include a twenty (20) day comment period. Such notification or submission of views to the Building—and—Zoning—Department Development Services Division shall entitle those persons to a copy of the action taken on the application. The applicant shall-submit proof ublication-the Building and 1 I � 2.02.03; Review Guidelines Unless exempted or authorized through the variance or conditional use permit provisions of this Master Program, no substantial development permit and no other permit shall be granted unless the proposed development is consistent with the provisions of this Master Program, the Shoreline Management Act of 1971, and the rules and regulations adopted by the Department of Ecology thereunder. 2.02.04 Burden of Proof on Applicant The burden of proving that the proposed substantial development is consistent with the criteria which must be met before a permit is granted shall be on the applicant. j ! 2.02.05 Conditional Approval Should the Development Services Division and/or-the Director or his/her designee find that any application does not substantially comply with criteria imposed by the Master Program and they Shoreline Management Act of 1971, he may deny such application or attach any terms or condition which he deems suitable and reasonable to effect the purpose and objective of this Master Program. 2.02.06 Administrative—Substantial Development Permit Appeals The Planning/Building/Public Works Department shall have the final authority to interpret this Master Program for the City of Renton. Where an application is denied or changed, per 2.02.05, an applicant may appeal the decision denying or changing a "substantial j development permit" to theband-Use-Hearing-Examiner-Shorelines Hearings Board for an open record appeal in accordance with Chapter 4-36 of the Renton Municipal Code. See Section 2.10 for appeal procedures to the Shoreline Hearings Board. 2.02.07 Notification of City Departments It shall be the duty of the-Building-and-Zoning-DepartmentDevelopment Develo ment Services Division ' to timely furnish copies of all applications and actions taken by said department Division unto such other officials or departments whose jurisdiction may extend to all or any part of the proposed development. 3/19/9r 6 2.02.08 Bonds „ldinn d n partmen4 Policy ielopmen� Department The Bub —an —�ening and—tl�e�—f3c��n��R�,z Development Services Division may require the applicant to post a bond in;fa,or of the City of Renton to assure full compliance with any terms and conditions imposed by said _ department on any shoreline permit. Said bond shall be in an amount to reasonably assure the City that any deferred improvement will be carried out within the time stipulated. 2.03 EXEMPTIONS i1 I 2.03.01 Exemptions from Permit System The following shall not be considered substantial developments for the purpose of this Master Program: A. Any project with a certification from the governor pursuant to Chapter 801.50 RCW. B. Any development of which the total cost or fair market value does rot exceed $ 000-$2,500, if such development does not materially interfere with the normal public use of the water or shorelines of the State. C. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. ' i 1. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. 2. "Normal repair' means to restore a development to a state comparable to its original condition, including but not limited'to its size, shape, configuration, location and external appearance! within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. 3. Replacement of a structure or development may be authorized as repair where such replacement is the common method of rrepair for the ' type of structure or development and the replacement structure or development is comparable to the original structure or I development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. D. Construction of the normal protective bulkhead common to ' single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if it is constructed for the purpose of creating additional dry land. Additional construction requirements are found in WAC 173-27- 040(2)(c). E. Emergency construction necessary to protect property from damage by the elements. 3/19/98 I 7 1. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with this Program. 2. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed to be the appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit!which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, chapter 17-27 WAC or this Shoreline Program shall be obtained. 3. All emergency construction shall be consistent.with the policies of chapter 90.58 RCW and this Program. 4. In general, flooding or other seasonal events that can be anticipated and may occur, but that are not imminent are not an emergency. fF. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures, including, but not limited to !head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling, other than that which results from normal cultivation, shall not be considered normal or necessary farming! o'r ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall hot include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. G. Construction on wetlands-shorelands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five (35) feet above average grade level and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 1. "Single family" residence means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enioyment of a single-family residence and is located landward of the,ordinary high water mark and the perimeter of a wetland. 2. Construction authorized under this exemption shall be located landward of the ordinary high water mark. Construction of a dock, including a community dock, designed for pleasure craft only, for the private non-commercial use of the owner , lessee, or contract purchaser of single and multiple family residences, the cost of 1 . 1. ' This exception applies if either: a. In salt waters, the fair market value of the dock does not exceed $2,500. b. In fresh waters, the fair market value of the dock does not ° exceed $10,000; however, if subsequent construction having a /1 39/98 8 1. I fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development permit. 2. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. ��efinal plat was approver! afte e ;l ,� ah^ 2. Sales of ots to purchasers �e� int e rrefe nce—to--theplaat ersubstarn+rtial 6 aril 4 1971• and t 3 The d t to he merle witho t a rmit meets ell req ,irements of d�l"fG�GTeGT1Tl e7lTRiTff�i 6rTJ�f1T{-i G�LITtiTTTGl7F7�JT the City, other than reru,irements imposed pursuant to this Master Program;and 4. The T pm does not involve nn �, ^ no yj , ; and d�ncvve-v pment is coomppleted by I-v7 June 1, 1973. J. Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys. K. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands. L. The marking of property lines or corners on state owned lands when such marking does not interfere with the normal public use of the surface of the water. M. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. N. Site exploration and investigation activities that are prerequisites to preparation of an application for development authorization under this program, if: 1. The activity does not interfere with the normal public use of the surface waters. 2. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. 3. The activity does not involve the installation of a structure', and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; 4. A private entity seeking development authorization under this program first posts a performance bond or provides other evidence'of financial 3/19/98 I 9 j ! responsibility to the Development Services Division to ensure that the site is restored to preexisting conditions. I 5. The activity is not subiect to the permit requirements of RCW 90.58.550. O. The process of removing or controlling an aquatic noxious weed as defined in RCW 17.26.020, through the use of a herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under chapter 43.21C RCW. P. Watershed restoration projects as defined below: 1. "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration ! plan that implements the-plan or a part of the plan and consists of lone or more of the following activities: a. A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is it removed, imported, disturbed or discharged, and! in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings. I I b. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. c. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the protect, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. 2. "Watershed restoration plan" means a plan, developed or sponsored by a State department, a federally recognized Indian Tribe, a city, a county or a conservation district, for which agency and 'public review has been conducted pursuant to Chapter 43.21C RCW, the State Environmental Policy Act. The watershed restoration plan generally contains a general program and implementation measures or actions ' for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed. Q. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply: 1. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and 'appropriately designed and sited to accomplish the intended purpose. I 2. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW. 3/19/98 10 • i 3. The Development Services Division has determined that the project is consistent with this Master Program. R. Hazardous substance remedial actions pursuant to WAC 173-27-040(3).i 2.03.02 Exemption Certificate Procedures A. Any person claiming exemption from the permit requirements of this Master Program. as a result of the exemptions specified in this Section, may shall make application for a no-fee exemption certificate to the Building ar d Zoen;g Department—Development Services Division in the manner prescribed by that department-division. ^division. B. Any development which occurs within the regulated shorelines of the State under Renton's jurisdiction, whether it requires a permit or not, must be consistent with the intent of the State law. I C. The City may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and this Program. D. If any part of a proposed development is not eligible for exemption, then a 1 shoreline permit is required for the entire proposed development proiecti. 2.04 REVIEW OF APPLICATION 2.04.01 Review Criteria. The Development Services Division shall review an application for a permit based on the following: A. The application. B. The environmental impact statement, if one is required. C. Written comments from interested persons. D. Information and comments from other City departments affected. E. Independent study by the Building and Zonis—Dep ,ent and the Pn1icy Development Services Division. F. Evidence presented at a public hearing, should the Building and Zoning n + th y—Development Department shall have pow o prescr b r i d 2.04.02 Additional Information The Development Services Division may require an applicant to furnish information and data in addition to that contained or required in the 3/, 9/98 11 ,i . application forms prescribed. Unless an adequate environmental statement has previously been prepared for the proposed development by another agency, the City's 1! Environmental Review Committee shall cause to be prepared such a statement, prior to granting a permit, when the State Environmental Policy Act of 1971, would require such a statement. 2.04.0 Procedural Amendments In addition to the criteria herein above set forth in this Section, the Planning/Building/Public Works Department may from time-to-time promulgate additional procedures or criteria and such shall become effective, when reduced to writing, and filed with the City Clerk and as approved by the City Council and the Department of Ecology. !2.05 APPLICATION TO THE PERMIT SYSTEM TO DEVELOPMENT UNDERTAKEN PRIOR TO JUNE 1, 1971 2.05.01 Permit Required June 1, 1971, , 1 ' A Wh the activity was nlaifu l prior to 1 one 7 7 971 B.W ere therehas been an unreasonable pe i' ci_e dormaancy._in the p�ct ,! between is-ins F ' 1 ;j !j , onto a different lake river or tribe Mani after h me 1977 pe rmit vn s hall be a, rvrr— 1 2.05.02 Phasing 2.065 TIME REQUIREMENTS FOR SUBSTANTIAL DEVEI OPMENT SHORELINE PERMITS 2.65.01 Applicability and Modification at Time of Approval A. The time requirements of Section 2.05 shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under this Program. 1 B. If it is determined that standard time requirements of Sections 2.05.02 and 2.05.03 should not be applied, the Development Services Division shall adopt!appropriate time limits as a part of action on a substantial development permit upon a finding j of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of this Master Proqram and . RCW 90.58.143. If it is determined that standard time requirements 1of Sections 11 2.05.02 and 2.05.03 should not be applied, the Hearing Examiner, upon a finding 3/19/98 12 '! f i I of good cause and with the approval of the Department of Ecology, shall establish appropriate time limits as a part of action on a conditional use or variance permit. "Good cause" means that the time limits established are reasonably related to the time actually necessary to perform the development on the 'ground and complete the protect that is being permitted. C. Where specific provisions are not included to establish time limits on ai permit as part of action on a permit by the City or the Department of Ecology, the time limits in Sections 2.05.02 and 2.05.03 apply. ;I I D. Requests for permit extension shall be made in accordance with Sections 2.05.02 and 2.05.03 below. 2.005.9402 Construction Commencement it A. Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and section 2.05.01 above, Gconstruction of a-project activities, or a use or activity, for which a permit has been granted pursuant to thisl Master Program must be commenced within two (2) years after-the-apprevalef-the-perral it , bythe-City of the effective date of a shoreline permit, or the shoreline permit shall terminat , and a new permit shall be necessary. {WAC 173 14 060(1)} However, the Development Services Division I' may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Division before the expiration date, and notice of the proposed extension is given to parties of record and the Department of Ecology. B. Construction activities or commencement of construction referenced in subsection A means that construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two year period. � 2.0;65.0203 Construction Completion A permit authorizing construction shall extend for a term of no more than five (5) years; after the effective date of a shoreline permit, unless a longer period has been specified pursuant to RCW 90!%58.143 and Section 2.05.01 above. If an applicant files a request for an extension prior to expiration of the shoreline permit-has-peen-wanted the Building-and Zopin�eftt Development Services Division shall, , review the permit and upon a showing of good cause, may extend- fie authorize a single extension of'the shoreline permit for a period of up to one (1) year. Otherwise said permit shall terminate provided, h to he xpirati n date of said permi+ [W C 173_14_060(2" Notice of the proposed permit extension shall be given to parties of record and the Department of Ecology. To maintain the validity of a shoreline permit, it is the applicant's responsibility to maintain valid construction permits in accordance with adopted Building Codes. 3/T9/98 13 I i I I 2.05.04 Effective Date A. For purposes of determining the life of a shoreline permit, the effective date of a substantial development permit, shoreline conditional use permit, or shoreline variance permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in Sections 2.05.02 and 2.05103 do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions, or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. , B. It is the responsibility of the applicant to inform the Development Services Division of the pendency of other permit applications filed with'agencies other than'the City, and of any related administrative or legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the Division prior to the expiration date established by the shoreline permit �I or the provisions of this section, the expiration of a permit shall be based on the effective date of the shoreline permit. C. The !City shall issue permits within applicable time limits specified in the Renton Regulatory Reform Ordinance, Chapter 4-36 of the Renton Municipal Code. Substantial development permits for a limited utility extension as defined in RCW 90.58.140(11)(b), or for the construction of a' bulkhead or other measures to protect a single family residence and its' appurtenant , - structures from shoreline erosion shall be issued within twenty-one (21) days of the last day of the comment period specified in Section 2.02.02. 2.065.0305 Review Period - Construction Authorization A. No construction pursuant to such permit shall begin or be authorized and no building, grading or other construction permits or use permits shall be issued by the City until thirty (30) twenty-one (21) days from the date wing-of the permit was filed with the Department of Ecology and the Attorney General, or until all review proceedings are completed as were initiated within the thir•t�A}twenty-one (21) days of the date of#inalapproval filing by the City of Renton. Filing shall occur in accordance Iwith RCW 90.58.140(6) and WAC 173-27-130. B. If the granting of a shoreline permit by the City is appealed to the Shorelines Hearing Board, and the Shoreline Hearings Board has approved the granting of the permit, and an appeal for judicial review of the Shorelines Hearings Board decision is filed, construction authorization may occur subject to the conditions, time periods, and other provisions of RCW 90.58.140(5)I(b). 2.065.9406 Transferability of Permit If a parcel which has a valid substantial-development-shoreline permit is sold to another • person or firm, such permit may be transferred to the new owner to theB ding .�dZoning Den�Ten4 The Building and Ton _p ".per �� d . I ' 3/19/98 14 2.076 RULINGS TO STATE �I- I Any ruling on an application for a substantial development permit under authority of this Master Program; whether it is an approval or denial, shall, with the transmittal'of the ruling to the applicant, be filed concurrently with the Department of Ecology and the Attorney General by the Development Services Division. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. 2.087 ENFORCEMENT All provisions of this Master Program shall be enforced by the DepartmentDevelopment Services Division. For such purposes, the Director or his duly authorized representative shall have the power of a police officer. 2.098 RESCISSION OF PERMITS 2.0''98.01 Non-compliance with Permit by Cy Any shoreline permit issued � -the-�itrunder the;terms of this Master Program may be rescinded or suspended by the Development Services Division of the City upon a finding that a permittee has not complied with conditions of the permit.—Iff th�der-of-the-pefmit-ohooses, he shall be entitled to a hearing before the 1 and Use Hearing Examiner 2.098.02 Notice of Non-compliance Such rescission and/or modification of an issued permit shall be initiated by serving written notice of non-compliance on the permittee, which notice shall be sent by registered or certified mail, return receipt requested, to the address listed on the application or to such other address as the applicant or permittee may have advised the City; or such notice may be served on the applicant or permittee in person or his agent in the same manner as service of summons as provided by law. 2.098.03 Posting In addition to such notice, the Development Services Division shall cause to have notice posted in three (3) public places of which one (1) posting shall be at or within the area described in the permit. 2.098.04 Public Hearing Before any such permit can be rescinded-of-modified, a public hearing may shall be held at the permittee's written request by the Land Use Hearing Examiner. Such-written Notice of the public hearing shall be made in accordance with Section 4-36-8(D) of the Renton Municipal Code. 2.098.05 Final Decision ii The decision of the Land Use Hearing Examiner shall be the final decision iofl the City on all rescinded applications. A written decision shall be transmitted to the Department of Ecology, the Attorney General's office, the applicant, and such other departments or boards of the City as are affected thereby and the legislative body of the City. 3/19/98 15 I I 2.1-009 APPEALS 2.09.01 Shorelines Hearing Board Any person aggrieved by the granting or denying of a substantial development permit, a conditional use permit and/or a variance on shorelines of the City State which are regulated by the City, or by the rescinding of a permit pursuant to the provisions of this Master Program, may seek review from the State of Washington Shorelines Hearing Board. ppeals of decisions by the I and I Ice Hearing Examiner must be made_directly to 11 2.09.02 Filing Appeals are made by filing a request with the Shorelines Hearings Board for'the same within thirty ) twenty-one (21) days of receipt of the final order and the date the (shoreline permit was filed. Within seven (7) days of filing a petition for review with the 1 (Board, the petitioner shall serve copies of such request with the Department of Ecology and the Attorney General's office as provided in Sestien-4-8(1)-ef !the Shorelines Management Act of 1971 RCW 90.58.180. A copy of any'such appeal notice shall likewise be filed with the Planning/Building/Publicc \ s—vepartmTent !Development Services Division and the City Clerk of the City of Renton. ' I I i 2.09.03 !Limited Utility Extensions and Protective Bulkheads-Appeals 11 ;Appeals of substantial development permits, for a limited utility extension as!defined in RCW 90.58.140(11) or for the construction of a bulkhead or other measures to protect a f I single family residence and its appurtenant structures from shoreline erosion, shall be 1; 'finally determined by the legislative authority within shirty days. I 2.4410 I PENALTIES 2.140.01 Prosecution Every person violating any of the provisions of this Master Program or the Shoreline Management Act of 1971, shall be punishable under conviction by a fine not exceeding one thousand ($1,000) dollars, or by imprisonment riot) exceeding ninety (90) days, or by both such fine and imprisonment, and each day's violation shall constitute a separate punishable offense. ,f 2.140.02 Iniunction The City Attorney may bring such injunctive, declaratory or other actions as are necessary i to insure that no uses are made of the shorelines of the State withinunder the City's jurisdiction which are in conflict with the provisions and programs of this Master Program 11 or the Shoreline Management Act of 1971, and to otherwise enforce provisions of this j Ordinance and the Shoreline Management Act of 1971. 2.140 03 Public and Private Redress Anyperson subject to the regulatory program of this Master Program who violates any 1 9 rY P 9 9 II provision of this Master Program or the provisions of a permit issued pursuant thereto i shall be liable,for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3/19/98 16 I i I ! I The City Attorney may bring suit for damages under this subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation, the Court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the Court in its discretion may award attorney's fees and costs of the suit to the prevailing iparty. I i • 2.121 AMENDMENTS The City shall review this Master Program every four (4) years hereafter, or sooner if necessary. Any amendments to this Master Program shall be reviewed first by the Planning Commission, which shall conduct at Ic. st one (1) public hearing on the proposed amendment. The Planning Commission shall make a recommendation to the City Council, which may hold at least one (1) public hearing before making a determination. Any proposed amendment shall be submitted to the Department of Ecology for approval in accordance with Section-ef-the Shoreline Management Act of 1971. ' I I i � I i I � I � I I I I I ' ' i I ' I i � � I 3/19/9,18 17 i I I I I I I i I I I SECTION 3 - REGULATED SHORELINES OF THE CITY 3.01 Approximately 18 miles of shoreline in the City of Renton are under the jurisdiction of the Shoreline Management Act of 1971. By State standards, the Green River and Lake Washington are classified as Shorelines of State-wide Significance, and comprise approximately 5.8 miles of the shorelines of the State regulated by City of Renton. In addition, the shorelines of the Cedar River, Black River, Springbrook Creek,, and May Creek are shorelines within the City. These 18 miles of shoreline in the City of Renton are considered an extremely valuable resource not only to the City of Renton, but also to the State Metropolitan Area of which Renton is an integral part. 3.02 Each shoreline has its own unique qualities which makes it valuable, particularly, Shorelines of Statewide Significance, which in Renton include Lake Washington and the Green River. and is, therefore, given to the following uses in descending order of priority (as established by Chapter 90.58.020 RCW) for Shorelines of Statewide Significance: 1. Recognize and protect the state-wide interest over local interest for shorelines of state-wide significance. 2. Preserve the natural character of the shorelines. 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shoreline. I j I 3.0,3 j In the City of Renton, the following bodies of water are regulated by the Act: 1. Cedar River. 2. Green River. 3. Lake Washington. 4. May Creek from the intersection of May Creek and N.E. 31st Street in the southeast quarter of the southeast quarter of Section 32-24-5E WM downstream • in a northeasterly direction to its mouth at Lake Washington. • 5. Springbrook Creek from the Black River on the north to S.W. 43rd Street on the south. 6. Black River. The above information is illustrated in Figure 3-1. 3.04 The Jurisdiction of this Master Program includes shorelines of the State and-wetlands-as defined in Section 9. I i ' • 3/19/98 18 • I � II i .. �_-`-- ---. _-L.... ) =1 -__:__ _ I_._.. - - .. _ ___ J I •ii/— ___I : • ----(.1_______----- 1 I i 1 ____= lu ) i.. - .• N . I - I -I --- .5 1 , . 1 • , _ r -1- 1 - _ - _.---- I . '� I __ I----- - ...- .1_ ___ _ ._.•_ .. .. .. ._ ___ 4, . . L - -L- -rri - "A ) : . . - -: I- 1 77---___-__-_ :11:7-: .:. 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N �• .. • _ _ ot _,f _ ,1 ,-, I o .T J - 3 LI 0) • 1 ~ _ =-; ....::-... _ • 1 czca Li; I• --_.... a:17.- :i- - ---I 11-* ILLI • , .. _ 2 .__2_ _ ... : _"--,`-: - r ,_ .,_) _ ' I Z �'•t ` _- - -- 1-, - 7,..r...,. _ _ _ . _ ..„-, • . 4 ,. (I) \ 4 •• . .,_ , . = -, wy ,.., • Q0 Li-174.11I •-- - :/- 3 . ./.. , t. z�i� I - - w IL • : ` J.lam -_,. _ r : 1 ;: -' `W .... ., ••_•I •I• .iii0 1 ` _ I IT. . 111 idd 0. . II ; I , �{ I SECTION 4. GOALS AND POLICIES 4.011 SHORELINE USES AND ACTIVITIES ELEMENT 4.01.01 Goals: A. Shorelines of the City—State regulated by the City are to be planned and coordinated to afford best use of the limited water resource. B. Shorelines of the City-State regulated by the City are to provide natural amenities within an urban environment. 4.0,.7 Policies: A. Reasonable and appropriate shoreline uses and activities should be planned for: 1. Short-term economic gain or convenience in development should be evaluated in relationship to potential long-term effects on the shoreline. • 2. Preference should be given to those uses or activities which;enhance the natural amenities of the shorelines and which depend on ja shorelines if location or provide public access to the shorelines. 3. Planning, zoning, capital improvements and other policy and regulatory i 'I standards should not increase the density ef-or intensity of shoreline uses or activities except on a demonstrated need considering the shorelines and then only in accordance with the policies contained herein. 4. Plans should be developed for shorelines particularly suited for water- , i dependent uses or activities. 5. Multiple use of shorelines should be planned where location and integration of compatible uses or activities are feasible. 6. Aesthetic considerations should be encouraged when contemplating new development, extensive redevelopment of existing facilities or for general enhancement of shoreline areas. 7. Shoreline uses and activities should be discouraged if they are objectionable due to noise or odor or if they create offensive or unsafe conditions in relation to reasonable and appropriate uses and:activities. B. Those shoreline uses or activities which are not water-oriented should be encouraged to relocate away from the shoreline. II C. All shoreline developments shall be designed and constructed to prote i t the rights and privacy of adjacent property owners. it 4.02 CONSERVATION ELEMENT 4.1 2.01 Goal: The resources and amenities of all shorelines situated in the City of Renton are to be protected and preserved for use and enjoyment by present and future generations. �t i ;I i 3/ 9/98 19 I I la i I I 4.02.02 Policies: I I I A. Existing natural resources should be conserved. 1. Water quality and water flow should be maintained at a level;to permit recreational use, to provide a suitable habitat for desirable forms of aquatic life, and to satisfy other required human needs. 2. Aquatic habitats and spawning grounds should be protected, I improved and, if feasible, increased. 3. Wildlife habitats should be protected, improved and, if feasible, increased. 4. Unique natural areas should be designated and maintained as open space for passive forms of recreation. Access and use should be restricted, if necessary, for the conservation of these areas. B. Existing and future activities on all shorelines of the State regulated by the City of Renton should be designed to minimize adverse effects on the environment. C. The City of Renton should take aggressive action with responsible governmental agencies to assure that discharges from all drainage basins are considered an integral part of shoreline planning. 1. Soil erosion and sedimentation which adversely affect any shoreline within the City of Renton will be prevented or controlled. 2. The contamination of existing water courses will be prevented or controlled. I I i D., Shoreline areas having historical, cultural, educational or scientific value should be identified and protected. 1. Public and private cooperation should be encouraged in site preservation and protection. 2. Suspected or newly discovered sites should be kept free from intrusions for a reasonable time until their value is determined. E. Festivals and temporary uses involving public interest and not substantially or permanently impairing water quality, water flow or unique and fragile areas may be permitted per Chapter 5-21 of the Renton Municipal Code. F. All further development of the shorelines of May Creek east of FAI-4,05 riciht-of- way, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting ,City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1. Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405 right-of-wav, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting I City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be left in an undeveloped natural state as much as possible. 3/19/98 20 j i I 4.03 ECONOMIC ELEMENT 4.03.01 Goal: Existing economic uses and activities on the shorelines are to be recognized and economic uses or activities that are water-related-water-oriented are to be encouraged. 4.03.02 Policies: A. Economic uses and activities which are not water-related-water-oriented should be discouraged. In those instances where such uses or activities are 'permitted, reasonable-public access to and along the water's edge should be provided. B. Future economic uses and activities should utilize the shoreline in an efficient manner. 1. Economic uses and activities should minimize and cluster that locate the water-related—water-oriented portion of their development along the shoreline and place inland all facilities which do not require a water's edge location. 2. The length, width, and height of over-water structures should be limited to the smallest reasonable dimensions. 3. Shoreline developments should be designed to enhance the scenic view. C. Multiple use of economic developments on the shoreline should be encouraged to provide public recreational opportunities wherever feasible. D. Shoreline facilities for the moorage and servicing of boats and other vessels should be prohibited in single family zoned areas wherever feasible. 1. Commercial dockings and marinas shall meet all health standards. 2. Marinas and other economic activities shall be required to contain and clean up spills or discharges of pollutants associated with boating activities. E. The expansion of log raft storage on Lake Washington should be discouraged. F. Containment or mitigation of pollutants shall be required of all economic activities on the shoreline by property owner and/or operator. 4.04 PUBLIC ACCESS ELEMENT 4.04.01 Goal: Increase public accessibility to shorelines, and preserve and improve the natural amenities. 4.04.02 Policies: A. Public access should recognize and be consistent with legal property rights of the owner. B. Just compensation shall beprovided to property owners for land acquired for P P P Y q public use. 3/19/98 21 C. Public access to and along the waters edge should be consistent with public safety and preservation/conservation of the natural amenities. D. Public access to and along the waters edge should be available throughout publicly owned shoreline areas. E. Public access from public streets shall be made available over public property or by easement. F. Future multi-family, planned unit developments, subdivisions, commercial and industrial developments shall be encouraged to provide public access along the waters edge. G. Private access to the publicly owned shoreline corridor shall not be denied to owners of property contiguous to said corridor. • H. When making extensive modifications or extensions to existing structures, multi- family, planned unit development, subdivision, commercial and! industrial developers should be encouraged to provide for public access to and along the waters edge if physically feasible. High-rise structures in the shoreline iurisdiction generally should not be permitted,-but could be permitted adjacent-to-the-shoreline in the shoreline iurisdiction if: 1. Views of the shoreline would not be substantially obstructed due to topographic conditions, and 2. Some overriding considerations of the public interest would be served. Shoreline low-rise development should provide substantial grade level views of the water from public shoreline roads running generally parallel to the water's edge. J. Both passive and active public areas shall be designed and provided. K. In order to encourage public use of the shoreline corridor, public parking shall be provided at frequent locations. L. Preservation or improvement of the natural amenities shall be a basic consideration in the design of shoreline areas to which public access is provided, including the trail system. M. In planning for public access, emphasis should be placed on foot and bicycle paths rather than roads, except in areas where public boat launching would be desirable. 4.05 RECREATION ELEMENT 4.05.01 Goal: Water-related-Water-oriented recreational activities available to the public are to be encouraged. 4.05.02 Policies: A. Water-related-Water-oriented recreational activities should be encouraged. 3/19/9t8 22 I I ' 1. Accessibility to the waters edge should be improved. 2. Shoreline park areas should be increased in size and number. 3. Areas for specialized recreation should be developed. 4. Both passive and active recreational areas shall be provided. B. Recreational fishing should be supported, maintained and increased. C. Public agencies should be encouraged to buy shoreland, as it becomes available for sale, based upon an established plan declaring public intent. D. Local jurisdictions should join in a cooperative effort to expand recreational opportunities through programs of acquisition, development, and maintenance of waterfront areas. i I i E. Subject to state and federal regulations, the waters depth may be changed to foster recreational aspects. 4.06 CIRCULATION ELEMENT 4.06.0i Goal: Minimize motor vehicular traffic and encourage pedestrian traffic within the shorelines. 4.06.02 Policies: A. Shoreline roadways should be scenic boulevards where possible and should be B. Public transportation should be encouraged to facilitate access to shoreline recreation areas. C. Pedestrian and bicycle pathways, including provisions for maintenance,, operation and security, should be developed. 1. Access points to and along the shoreline should be linked by pedestrian and bicycle pathways. 2. Separate pedestrian and bicycle pathways should be included in new or expanded bridges or scenic boulevards within the shorelines. 3. Separate pedestrian and bicycle pathways should be included] in publicly financed transportation systems or rights-of-way, consistent with public interest and safety. D. Commercial boating operations, other than marinas, should be discouraged, but if permitted, should be limited to commercial and industrial areas. • 4.07 RESIDENTIAL ELEMENT 4.07.01 Goal: Existing residential uses are to be recognized, but future residential development should optimize regulated public access to and along the shorelines consistent, with legal property rights of the owner. 3/19/98 23 I 4.07.02 I Policies: A. Residential uses over water shall not be permitted. B. Residential development should not be constructed in unique and fragile!areas. C. New residential developments along or impinging upon the shoreline should be permitted only where sanitary sewer facilities are available. ; I at least twenty (20) feet I i ED. Future shoreline subdivision and planned unit developments (P.U.D.) should provide regulated public access to and/or along the water's edge. TF. L-ow de sR'oity deT lopment shoulvuld be—encouraged—ifi--future residential GE. New residential developments should optimize utilization of open space areas. • #F. All further development on the shorelines of May Creek east of.FAI-405 right-of- way and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1. Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405 right-of-way and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be left in an undeveloped state as much as possible. I I I I I I 3/,19/98 24 SECTION 5. ENVIRONMENTS 5.01 THREE ENVIRONMENTS Three environments, Natural, Conservancy, and Urban, shall be designated toi provide a uniform basis to apply policies and use regulations within distinctively different shoreline areas. The environmental designation to be given any specific area shall be.based on the existing development pattern, the biophysical capabilities and limitations of the area being considered for development and the goals and aspirations of local citizenry. Shorelines have been categorized according to the natural characteristics' and use regulations have been designated herein. 5.02 NATURAL ENVIRONMENT 5.02.01 Designation of the Natural Environment: A. Obiective: The objective in designating a Natural environment is to protect and preserve unique and fragile shoreline or wetland environments in their natural state. The Natural environment is intended to provide areas of wildlife, sanctuary and habitat preservation. I � I B. Areas to be Designated as a Natural Environment: • 1. Areas that are unique or fragile. 2. Floodways areas. C. Acceptable Activities and Uses: The only human activity that is acceptable is for floodway drainage or storage. All other human activities including recreation are considered inappropriate. � I 5.02.02 Designation of the Natural Areas: The City of Renton recognizes that preservation of Natural shoreline areas can only be assured through public acquisition. Therefore, where private development is proposed in areas so designated, the City shall require dedication as necessary for flood storage. 5.02.03 Jurisdiction: That portion of the north bank of the Black River lying west of its confluence with Springbrook Creek, shall be designated Natural (see figure 5-1). 5.03 CONSERVANCY ENVIRONMENT 5.03.01 Designation of the Conservancy Environment: A. Obiective: The objective in designating a Conservancy environment is to protect, conserve, and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state, while providing for limited use of the area. The Conservancy environment is intended to provide a pleasant break in the surrounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton. B. Areas to be Designated as a Conservancy Environment: 3/19/98 25 i � 1. Areas of high scenic value. 2. Valuable areas for wildlife habitat. 3. Hazardous slope areas. 4. Flood-prone areas. 5. Areas which cannot,provide adequate utilities for intense development. 6. Areas with unique or fragile features. C. Acceptable Activities and Uses: Activities and uses considered to be acceptable in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in a Conservancy environment are low density residential, passive agricultural uses such as pasture or range lands, and passive outdoor recreation. 5.03.02 Use Regulations in the Conservancy Environment: A. Commercial Uses: Commercial uses shall be limited to home occupations, which shall be contained wholly within the dwelling unit. B. Fish and Game Reserve and Breeding Operations: Any such activity shall be allowed only by the Land Use Hearing Examiner. C. Industrial Uses: All industrial activities are prohibited in a Conservancy environment. D. Recreation Use: In the Conservancy environment, recreation uses shall be limited to passive recreation. 1. Permitted Uses: (a) Public hiking and bicycle trails. (b) Non-motorized public fishing. (c) Public wading and swimming spots. (d) Public areas for nature study. (e) Public picnic areas. 2. Uses Allowed by Hearing Examiner: (a) Public overnight camping areas. E. Residential Uses: 1. Permitted Uses: Low-density single family residences. 2. Prohibited Uses: Multi-family residences of two (2) units or more. F. Utilities: 1. Local Service Utilities: The necessary local service utilities shall be permitted for approved activities and uses within the Conservancy environment and shall be underground per City code requirements. 2. Major Utilities: Major utilities may be allowed only by approval!of the Land Use Hearing Examiner and only if they cross the conservancy area in the shortest feasible route. • G. Roads: 'Necessary roads are permitted subject to the standards of Section 7.15 of this Program. • 3/19/98 26 � I � I I ; 5.03.03. Jurisdiction I I That portion of May Creek east of FAI-405 right-of-way and that portion of the south bank of the Cedar River, 2,500 feet east of FAI-405 right-of-way, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank shall be designated conservancy (see figure 5-1. and Appendix A- Springbrook Creek). 5.04 URBAN ENVIRONMENT 5.04.01J Designation of the Urban Environment: A. Obiective: The objective of the Urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it,enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. B. High-intensity Land Uses: The Urban environment is an area of high-intensity land use including residential, commercial, and industrial development. The environment does not necessarily include all shorelines within an incorporated city, but is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate intensive urban expansion. On certain shorelines planned for future urban expansion, there should be limitations based on the physical aspects of the site. C. WatertOriented Activities: Because shorelines suitable for urban uses are a limited resource, emphasis shall be given to development within already ' developed areas and particularly to water dependent water-oriented industrial and commercial uses reg„iring frontage nn shorelines I � D. Public Access: In this Master Program, priority is also given to planning for public visual and physical access to water in the Urban environment. Identifying needs and planning for the acquisition of urban land for permanent public access to the water in the Urban environment shall be accomplished through the Master Program. To enhance waterfront and ensure maximum public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to non- motorized transportation routes such as bicycles and hiking paths. 5.04.02 Use Regulations in the Urban Environment: All uses shall be allowed as indicated by Section 7 of the Master Program. 5.04.03 Jurisdiction All shorelines of the City State regulated by the City which are not designated as Conservancy or Natural are designated as Urban (see figure 5-1). 3/19/98 27 If -. ' - I . • . • _ J-r -:-----__I-Y.' • t I .1 i _ --l-ii___/--'- 1 ,., .3 - - -- - -1 1 7 - 1_61 • . I - 1 ti ..: —r-E-1-nr--1 1 --17. ) i' 71=ii , 1 ...- .. P -17\-1 . . •. ------- . _. .__..1 / I I -17? --11--- -- I /t- --\5--). i . 1 l'Isruic . 1 1 % , .. 1 . ..j L \ I '--—1 ,-.`1./,..kit-2-;&Z-'. ..)-.?--I/ -. : id. 'I C.,A,a ...--2:-----:"1„,;:-.1. .fli I: —,•iDa.......--.....14_,c • . __;:, .„,... ....,. to ....V.!I. . •/ ( . • Ltd ' - I i • lij--0 • . ---• • * . • : ICIAL T.— :.) ..L, j•ii . . • I.----•• :.....) • . ... ". ' '‘re'll .:1:-:- 1( 1 i • ... .:.. ' --L _,,.. _r_ ,___.J.., ,::::..... -/:-....„A"—! L., „ss...,----1 _, .. . .,,,•••?_,• 4.....„ , ii,, : ›.- III _ todl. :..1_libilL. .,_II!, cC i. -: - ::.' (37....:. tirl,!17"1.: . Tee . _ . A'......... • i ] • -f C - ,l_---f p, , ,, . .AL - -� _ •• - *". ...---_;-, 11):-.:--s1 ,..-7, — !crier.---•—• P11.1;"7" ---- al, 1 ‘1'. , ...•. • I. .0.01011--1- I ,=1 . II -iia" - P-.111-Ti 1 .1 -. 7' _____< = ==...- ,, _ _____ . ...---;- - l _ _Z-, -r-41'14* El- 1 ' 1 •- . 21 1 _-111--•_ ,,. . _ I_ . E , . .in (:( - -- Lu 0 - - , .••[. •tit.1 . --zr--, . - .; ......c(c.) _ • _•• . ..` f ' L-11- ' I - -... Cr .. \ . CC • 2 • ..... ,„ \ 11111111111111111111\ >...-----1_ I _I - • - rL — ll EL- 0 . EC <. If) n CO 2 . Ff.,• . (7(' :-.,... -F f-- - T.' ; e *. .* i ,....7-::.;,:;::.,-,1. .. f CQ CC . 1./.40-117-11Wil\ -1- L ___ .1 _ > - - •-w- --a — _ J/-_____ • jY --- _ - -_ __ _ - _ _ ,,,7=... _ - _ - SECTION 6. GENERAL USE REGULATIONS - 6.01 APPLICABILITY This section shall apply to all Shoreline uses whenever applicable. Items included here will not necessarily be repeated in Section 7, Specific Use Regulations, and shall be used in the evaluation of all permits. 1 6.02 ENVIRONMENTAL EFFECTS I � 6.02.01 Pollution and Ecological Disruption The potential effects on water quality, water and land vegetation, water life and other wild ,[ life (including, for example, spawning areas, migration and circulation habits, natural habitats, and feeding),-, soil quality and all other .environmental aspects must be considered in the design plans for any activity or facility which may have detrimental effects on the environment. 6.02.02 Burden on Applicant Applicants for permits must explain the methods that will be used to abate, avoid or otherwise control the harmful effects. 6.02.03 Erosion Erosion is to be controlled through the use of vegetation rather than structural means where feasible. 6.02.04 Geology Important geological factors - such as possible slide areas- on a site must be considered. Whatever activity is planned under the application for the development permit must be safe and appropriate in view of the geological factors prevailing. I , 6.03 USE COMPATIBILITY AND AESTHETIC EFFECTS 6.03.01 The potential impact of any of the following on adjacent, nearby, and possibly distant land and shoreline users shall be considered in the design plans and efforts made to avoid or minimize detrimental aspects: A. View Obstruction: Buildings, smokestacks, machinery, fences, piers, poles, wires, signs, lights, and other structures. B. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities. C. Design Theme: Architectural styles, exterior designs, landscaping patterns and other aspects of the overall design of a site shall be a uniform or coordinated design, planned for the purpose of visual enhancement as well as for serving a useful purpose. 3/19/98 28 D. Visually Unpleasant Areas: Landscaped screening shall be used to hide from public view any area that may impinge upon the visual quality of] a site, for example, disposal bins, storage yards, and outdoor work areas. E. Outdoor Activities: Work areas, storage, and other activities on a site in a residential area shall be in enclosed buildings, as is reasonably possible, to reduce distractions and other effects on surrounding areas. Outdoor 'activities of commercial and industrial operations shall be limited to those necessary for the operation of the enterprise. Outdoor areas shall not be used for storage of more than minimal amounts of equipment, parts, materials,,products, or other, objects. 6.04 PUBLIC ACCESS I i 6.04.01 Where possible, space and right-of-way shall be left available on the immediate shoreline so that trails, non-motorized bike paths, and/or other means of public use may be developed providing greater shoreline utilization. 6.04.02 Any trail system shall be designed to avoid conflict with private residential property rights. 6.04.03 No property shall be acquired for public use without just compensation to the owner. 6.05 FACILITY ARRANGEMENT-SHORELINE ORIENTATION 6.05.01 Where feasible, shoreline developments shall locate minimize and cluster the water- dependent`water-related and water-enjoyment portions of their developments along the shoreline and placeinland-all other facilities inland. 6.06 LANDSCAPING 6.06.01 General The natural and proposed landscaping should be representative of the indigenous character of the specific types of waterway (stream, lake edge, marshland) and shall be compatible with the Northwest image. The scenic, aesthetic, and ecological qualities of natural and developed shorelines should be recognized and preserved as valuable resources. 6.07 UNIQUE AND FRAGILE AREAS Unique features and wildlife habitats should be preserved and incorporated into the site. Fragile areas shall be protected from development and encroachment. 3/19/98 29 SECTION 7. SPECIFIC USE REGULATIONS 7.01 AIRPORT- SEAPLANE BASES 7.01.01 Location A. Airports: A new airport shall not be allowed to locate within the shoreline. However, an airport already located within a shoreline shall be permitted to upgrade and expand its facilities provided such upgrading and expansion would not have a detrimental effect on the shoreline. B. Seaplane Bases: 1. Private: A single private seaplane is permitted per residence. 2. Commercial: New commercial seaplane bases may be allowed in industrial areas provided such bases are not contiguous to residential areas. 7.01.02 Facilities A. Airports 1. Future hangars should be set back a minimum of twenty feet from the waters—edge—ordinary high water mark of the shoreline and shall be designed and spaced to allow viewing of airport activities from the area along the water's edge. 2. Tie-down areas should be no closer than twenty (20) feet from the waters edge-ordinary high water mark of the shoreline for aircraft. B. Seaplane Bases (Commercial) 1. Docks for the mooring of seaplanes are permitted. Seaplanes may be stored on the dock or ramps. 2. Tie down areas may be provided on seaplane ramps. 7.0'1.03 Landscaping A. Landscaping shall be required around parking areas in accordance, with City ordinances. B. The landscaping shall be compatible with the activities and characteristics of aircraft in that it should be wind resistant, low profile, and able to survive under adverse conditions. 7.01.04 Services Services or aircraft shall conform to FAA standards, which include fuel, oil spill, clean-up, safety and fire fighting equipment, and vehicle and pedestrian separation. • 7.02 AQUACULTURE 7.02.01 Location A. Aquaculture operations may be located on streams and rivers, EXCEPT in Natural and Conservancy environments , and along urban areas I developed with residential uses. 3/19/98 30 II , 7.02.02 Time Facilities shall be allowed on a temporary basis only. 'I I 7.102.03 Design and Construction A. -All structures over or in the water shall meet the following restrictions: 1. They shall be securely fastened to the shore. 2. They shall be designed for a minimum of interference with ithe natural 1 systems of the waterway including, for example, water flow and(quality, fish circulation, and aquatic plant life. 3. They should not prohibit or restrict other human uses of the water, such as swimming and/or boating. it 4. They shall be set back appropriate distances from other shoreline uses, if potential conflicts exist. 7.03 BOAT-LAUNCHING RAMPS j 7.63.01 Site Appropriateness and Characteristics A. Water and Shore Characteristics 1 1. Water depth should be deep enough off the shore to allow use by boats. 2. Water currents and movement and normal wave action shall be suitable for ramp activity. 1 B. Topography: The proposed area should not present major geological or • topographical obstacles to construction or operation of the ramp. Site adaptation such as dredging shall be minimized. 7.03.02 Dimensions and Location The ramp should be designed so as to allow for ease of access to the water'with minimal impact on the shoreline and water surface. it 7.03.03 Surface and Construction A. Surface Materials: The surface of the ramp may be concrete, precast concrete, or other hard permanent substance. Loose materials, such as gravel or cinders, will • not be used. The material chosen shall be appropriate considering the following conditions: 1. Soil characteristics 2. Erosion 3. Water currents 4. Waterfront conditions 5. Usage of the ramp � I B. The material shall be permanent and non-contaminating to the water. it 3/19/98 31 7.03.04 Review Engineering design and site location approval shall be obtained from the appropriate City department. 7.014 BULKHEADS 7.64.01 General All bulkheads are subject to the regulations set forth in this Master Program, except that bulkheads common to a single family residence are exempted from the permit system set forth in this Master Program and building code. �I 7.04.02 Bulkhead Permitted jl A bulkhead may be permitted only when: A. Required to protect upland areas or facilities. �; B. Riprap cannot provide the necessary protection. I C. The bulkhead design has been engineered by.an appropriately State licensed professional engineer, and the design has been approved by the Renton Department of Public Works. 7.0.4.03 Bulkhead and Fill A bulkhead for the purpose of creating land by filling behind the bulkhead shall be permitted only when the landfill has been approved. The application for a bulkhead shall be included in the application for the landfill in this case. (See Section 7.08.01,,Landfills) 7.04.04 General Design Requirements A. The burden rests upon the applicant for the permit to propose a specific type of bulkhead design which has been engineered by an appropriately State licensed professional engineer. B. All approved bulkheads are to be constructed in such a manner as to minimize damage to fish and shell fish habitat. In evaluating the application fora proposed bulkhead, the Department-Development Services Division are-to-shall consider the'effect of the bulkheads on public access to publicly owned shorelines. Where possible, bulkheads are to be designed so as not to detract from the aesthetic qualities of the shoreline. C. Bulkheads are to be constructed in such a manner as to minimize alterations of the natural shoreline and to minimize adverse effects on nearby beaches. D. In cases where bulkheading is permitted, scientific information suggests a rock II riprap design is preferred. The cracks and openings in such a structure afford suitable habitats for certain forms of aquatic life. If there is determined to be a severe rate population, consideration must be given to construction of a solid bulkhead to eliminate cracks and openings typical to a riprap structure. 3/19/98 32 7.05 COMMERCIAL DEVELOPMENTS 7.05.0�1 Location of Developments A. New commercial developments are to be encouraged to locate in those areas where current commercial uses exist. B. New commercial developments on Lake Washington which are neither water dependent, nor water related, nor water enjoyment, nor which do not provide significant public access to and along the water's edge will not be permitted upon the shoreline. C. Commercial developments should incorporate recreational opportunities along the shoreline for the general public. D. The applicant for a shoreline development permit for a new commercial development must indicate in his application the effect which the proposed commercial development will have upon the scenic view prevailing in the given area. Specifically, the applicant must state in his permit what steps have been taken in the design of the proposed commercial development to reduce to a minimum interference with the scenic view enjoyed by any significant'number of people in the area. 7.05.02 Setback A commercial building should be located no closer than fifty (50) feet to the water's cdgc ordinary high water mark; however, the Land Use Hearing Examiner may reduce this requirement through the variance process for good reason for those structures) that allow public access to and along the water's edge. 7.06 DREDGING 7.06.01 Definition The removal of earth or sediment from the bottom or banks of a body of water. 7.06.02 Permitted Dredging Dredging is to be permitted only when: .I A. Dredging is necessary for flood control purposes, if a definite flood hazard would exist unless dredging were permitted. B. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life or recreational areas. C. Dredging is necessary to obtain additional water area so as to decrease the intrusion into the lake of a public, private or marina dock. This type of dredging may only be allowed if the following conditions are met: 1. The water of the dredged area shall not be stagnant or polluted. 2. The water of the dredged area shall be capable of supporting aquatic life. 3/19/'98 33 D. Dredging may be permitted where necessary for the development and maintenance of public shoreline parks and of private shorelines to which the public is provided access. Dredging may be permitted where additional public access is provided and/or where there is anticipated to be a significant improvement to fish or wildlife habitat, provided there is no net reduction upon the surface waters of the lake. E. Dredging may be permitted to maintain water depth and navigability. F. Dredging is performed pursuant to a remedial action plan approved under authority of the Model Toxics Control Act, or pursuant to other authorization by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction. 7.06.03 Prohibited Dredging A. Dredging is prohibited in unique or fragile areas (see Section 9.334), except for the purposes identified in Subparagraph .02 where appropriate Federal and/or State authorization has been received, and any required environmental review and mitigation is conducted. B. Dredging solely for the purpose of obtaining fill or construction material, which dredging is not directly related to those purposes permitted in Subparagraph .02 above, is prohibited. 7.06.04 Regulations on Permitted Dredqinq A. All proposed dredging operations shall be planned by an appropriate State licensed professional engineer. An approved engineering report; shall be submitted to the Renton Development Services Division as part of the application fora shoreline permit. B. The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredging operation. C. The responsibility further rests with the applicant to demonstrate that there will be a minimal adverse effect on aquatic life and/or on recreational areas. t D. The timing of any dredging operation shall be planned so that it has minimal impact or interference with fish migration. E. Adjacent bank protection: 1. When dredging bottom material of a body of water, the banks shall not be disturbed unless absolutely necessary. The responsibility rests with the applicant to propose and carry out practices to protect the banks.' 2. If it is absolutely necessary to disturb the adjacent banks for access to the dredging area, the responsibility rests with the applicant to propose and carry out a method of restoration of the disturbed area to a condition minimizing erosion and siltation. F. Adjacent properties: 1. The responsibility rests with the applicant to demonstrate a method of eliminating or preventing conditions that may: 3/19)98 34 'i Ili I a. Create a nuisance to the public or nearby activity. b. Damage property in or near the area. c. Cause substantial adverse effect to plant, animal, aquatic or human life in or near the area. d. Endanger public safety in or near the area. G. The applicant shall demonstrate a method to control contamination and pollution to water, air, and ground. H. Disposal of dredged material: 1. The applicant shall demonstrate a method of disposing of all dredged material. 2. Dredged material shall not be deposited in a lake or stream, except if the material is approved as part of a contamination remediation project approved by appropriate State and/or Federal agencies. 3. In no instance shall dredged material be stockpiled in a wetland shoreland area. 4. If the dredged material is contaminant or pollutant in nature, the applicant shall propose and carryout a method of disposal that ' does not P P P contaminate or pollute water, air, or ground. 7.0,7 INDUSTRIAL DEVELOPMENT 7.07.01 Industrial developments are to be permitted only when: A. They are water-dependent, water related or they provide reasonable public access to and along the watees edge. New industrial developments on Lake Washington which are neither water-dependent, nor water-related shall provide 'I significant public access; and, B. They minimize and cluster those water-dependent and water-related portions of their development along the shoreline and place inland all facilities which are not II water dependent; and, C. Any over-water portion is water dependent, is limited to the smallest reasonable dimensions, and is approved by the Land Use Hearing Examiner; and, D. They are designed in such manner as to enhance the scenic view; and, E. I It has been demonstrated in the permit application that a capability exists to contain and clean up spills or discharges of pollutants associated with the industrial development. 7.07.02I Industrial structures shall be set back 25 feet minimum from the-wateedge ordinary high water mark. 7.05 LANDFILL 7.08.01 Landfills shall be permitted in the following cases: 'I I A. For detached single family residential uses, when the property is located between two (2) existing bulkheads, the property may be filled to, the line of conformity provided the fill does not exceed one hundred twenty-five (125) feet'in length 3/19/98 , 35 along the water's-edge-ordinary high water mark and thirty-five (35) feet into the water, and provided the provisions of Section 8.02.02 through 8.02.05 are satisfactorily met; or, B. When a bulkhead is built to protect the existing perimeter land, a landfill shall be approved to bring the contour up to the desired grade; or, C. When in a public use area, landfill would be advantageous to the general public; or, D. When repairs or modifications are required for existing bulkheads and fills; or, E. When landfill is required for flood control purposes; or, F. When landfill is part of a remedial action plan approved by the Department of Ecology pursuant to the Model Toxics Control Act, or otherwise authorized by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction. FG. Justification for landfill for any other purpose than those listed in subsections A through €F above will be allowed only with prior approval of the Land Use Hearing Examiner. 7.09 MARINAS 7.09.01 Marinas shall be permitted only when: • A. Adequate on-site parking is available commensurate with the moorage facilities provided. (See 7.09.02(F) below) B. Adequate water area is available commensurate with the actual moorage facilities provided. C., The location of the moorage facilities is convenient to public roads. 7.09.02 Design Requirements A. Marinas are to be designed in the manner that will minimize adverse effects on fish and shell fish resources and be aesthetically compatible with adjacent areas. B. Marinas utilized to overnight and long-term moorage are not to be located in shallow-water embayments with poor flushing action. C. Applications for permits for marina construction are to be evaluated for compliance with standards promulgated by federal, state, and local agencies. • D. Marinas and other commercial boating activities are to be equipped with receptacles to receive and adequately dispose of sewage, waste, rubbish, and litter from patrons' boats. E. Applications for development permits for the construction of marinas must affirmatively indicate that the marina will be equipped to contain and clean up any spills or discharges of pollutants associated with boating activities. 3/19/98 36 it I' F. 1. Parking should be provided in accordance with the following ratio: private and public marinas: 2 per 3 slips; private marina associated with residential complex: 1 per 3 slips. 2. Special designated loading areas should be provided near piers in the amount of one (1) parking space per twenty-five (25) slips; alli other parking areas are to be located one hundred (100) feet from the waters edge ordinary high water mark. 7.09.03 Location of Marinas A. Marinas shall be permitted only upon Lake Washington. Marinas must provide adequate access, parking, and surface water area in relation to the i number of moorage spaces provided. �I I 7.1i10 MINING 7.110.0p All mining, including surface mining, shall be prohibited. 7.10.02 Surface mining shall mean all or any part of the process involved in extraction of minerals by removing the overburden and mining directly from the..mineral deposits thereby exposed, including open pit mining of minerals naturally exposed at the surface of the earth, mining by the auger method, and production of surface mining refuse., The surface mining shall not include reasonable excavation or grading conducted for farming, on-site it road construction, or on-site building construction. 7.1�1 PARKING 7.11.01 Public Parking A. In order to encourage public use of the shoreline, public parking is to be provided at frequent locations. B. Public parking facilities should be discouraged along the waters edge; C. Public parking facilities are to be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. 7.1' .02 Private Parking A. Private parking facilities are to be located away from the waters .edge where possible. 7.12 PIERS AND DOCKS 1I 7.12.01 Purpose: A. Piers and docks shall be designed to minimize interference with the public use of the water surface and shoreline. it B. The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. 3/19/98 37 C. The expansion of existing piers and docks is encouraged over the construction of new facilities. D. Establish approval and design criteria. 7.12.02 Allowable Construction A. Permits for the following construction of piers or docks will be allowed: 1. Piers and docks which provide for public recreational access and use or marinas. 2. Community piers and docks in new major waterfront subdivisions. 3. Piers and docks which are constructed for private joint use by two or more waterfront property owners. 4. Private single family residence piers and docks. 5. Community piers and docks for multi-family residences] including apartments, condominiums or similar developments. &6. Water-dependent commercial and industrial uses. B. The responsibility rests upon the applicant to affirmatively demonstrate the need for the proposed pier or dock in his application for a permit. 7.12.03 Criteria for Approval of Docks and Piers The approval of a new dock or pier or a modification or extension of an existing dock or pier shall include a finding that the following criteria have been met: A. The dock or pier length does not extend beyond a length necessary Ito provide reasonable and safe moorage. B. The dock or pier does not interfere with the public use and enjoyment of the water nor create a hazard to navigation. C. The dock or pier will not result in the unreasonable interference with the use of adjacent docks and/or piers; and D. The dock or pier must comply with the design criteria specified in the following sections. 7.1, .04 Design Criteria- General A. Pier Type 1. All piers and docks shall be built of open pile construction except that floating docks may be permitted where there is no danger of significant damage to an ecosystem, where scenic values are high, and where one or more of the following conditions exist: a. Extreme water depth, beyond the range of normal length piling. b. A soft bottom condition, providing little support for piling. , c. Ledge rock bottom that renders it not feasible to install piling. B. All piers and docks shall be constructed and maintained in a safe and sound condition. II 3/19/98 38 I i ICI i III I C. Applicants for the new construction or extension of piers and docks or the repair and maintenance of existing docks, shall use materials and methods which prevent toxic materials, petrochemicals and other pollutants from entering surface water during and after construction. II D. No fees or other compensation may be charged for use by nonresidents of piers or docks accessory to residences. I 7.12.05 Design Criteria for Single-Familv Docks and Piers • A. There shall be no more than one pier per developed waterfront lot or ownership. • B. Dock Size Specifications • !li 1. The following dock specifications shall be allowed: !I a. The dock may extend to a maximum of.eighty (80) feet beyond the ordinary high-water line into the water or until a depth of twelve (12) feet below the mean low water mark, whichever is reached first. However, in no case shall a dock of less than fifty (50) feet in length be required. it b. The maximum width of a dock shall be eight (8) feet. c. No portion of a pier or dock for the sole use of a private, single- family residence may lie closer than five (5) feet to, an adjacent I'I property line. d. One extension of a dock parallel to the shoreline or one (1) float may be allowed provided such extension is not located closer that five (5) feet from a side lot line or exceed one hundred (1010) square feet in size. C. Joint Use Piers and Docks 1. A Joint use dock may be constructed for two (2) contiguous waterfront properties and may be located on a side property line or straddling a side property line, common to both properties. 2. A joint use ownership agreement or covenant shall be prepared with the appropriate signatures of the property owners in question and recorded with the King County Assessor's Office. A copy of the recorded agreement shall be provided to the City. Such document should specify lownership III rights and maintenance provisions. II 3. Dock Size Specifications a. Joint use docks and piers may extend to eighty (80) feet beyond the ordinary high-water mark or to a depth of twelve (12) feet, it whichever is reached first. it b. Joint use docks and piers may not exceed a maximum width of twelve (12) feet. ! I 3/19%98 39 I i III !I c. Joint use docks and piers may be allowed one (1) pier extension or float a maximum of one hundred fifty (150) square feet in size for each owner. D. Requests for greater dock length may only be submitted as specified below under Section 7.12.09 once an individual has failed to work with an adjacent property owner in establishing a joint use dock. I 7.12.06 Design Criteria for Multi-Family Residence Docks A. Resident Moorage 1. Moorage at the docks shall be limited to residents or owner of the subdivision, apartments, condominiums or similar developments for which it the dock was built. B. Maximum Number of Berthing Spaces 1. The ratio of moorage berths to residential units shall be one (1) berth for every two (2) dwelling units. C. Length of Multiple-Family Pier or Dock 1. Multiple-family piers and docks shall not exceed a length of;one'hundred eighty (180) feet into the water beyond the ordinary high-water mark, it except as may be allowed under Section 7.12.10 of this section of the Master Program. I 7.1'2.07 Design Criteria for Recreational, Commercial and Industrial Docks A. The following dock specifications shall be allowed: 1. Unless otherwise determined or directed by any State agency having jurisdiction-t#ereever, the dock may extend into the water one hundred fifty (150) feet; if the depth of thirty (30) feet is not reached, the dock may be extended until a depth of thirty (30) feet is reached, provided the dock does not exceed two hundred fifty (250) feet; and in the case of a marina adjacent to a designated harbor area, docks and associated breakwaters may extend to the greater of (a) the distance determined pursuant to the foregoing criteria, (b) the inner harbor line, or (c) such point beyond the inner harbor line as is allowed by the terms of a lease, license or other formal authorization approved by the Washington State Department of Natural Resources or other agency with iurisdiction. III 2. The maximum width shall be twelve (12) feet. B. Docks shall be placed no closer than thirty (30) feet to a side property line. C. Docks or piers which are associated or linked with City trails shall be no greater than necessary to serve the intended purpose and will be determined by the City on a case-by-case basis. 7.12.08 Use of Buoys and Floats III A. Where feasible, the use of buoys and floats for moorage, as permitted below under B of this Section, may be allowed as an alternative to the construction of piers and docks. Such buoys and floats are to be placed as close 'to!shore as 3/19%98 40 I ' possible in order to minimize hazards to navigation, including reflectors for nighttime visibility. In no case shall a buoy be located further from the shoreline than the allowable length for docks. B. Floats shall be allowed under the following conditions: • 1. Floats shall be anchored to allow clear passage on all sides by small watercraft. 2. Floats shall not exceed a maximum of one hundred (100) square feet in size. A float proposed for joint use between adjacent property owners may not exceed one hundred fifty square feet per residence. 3. A single-family residence may only have one (1) float. 4. Floats shall not exceed a length of fifty (50) feet into the water beyond the ordinary high water mark, except public recreation floats. 7.12.059 Variance to Dock and Pier Dimensions Requests for greater dock and pier dimensions than those specified above may be submitted as variance applications to the City's Land Use Hearing Examiner. Any greater dimension than those listed above may be allowed by the Land Use Hearing Examiner for good reason, which shall include, but is not limited to, conditions requiring greater dock dimensions. The Examiner, in approving a variance request, shall include a finlding that a variance request compiles with: I ' A. The criteria listed in Section 7.12.03 when approving such requests; and B. The criteria specified in Section 8.02 of the Master Program. 7.1'3 RECREATION 7.13.01 Definition: • I The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife. 7.13.02 Public Recreation Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: A. Accessibility to the waters edge is provided consistent with public safety needs and in consideration of natural features; and B. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community; and C. Just compensation is provided to the owner for property acquired for the public use; and 3/19/98 41 • II • D. It is designed to avoid conflicts with owner's legal property rights and create minimum detrimental impact on the adjoining property; and E. It provides parking spaces to handle the designed public use, and it will be designed to have a minimum impact on the environment. 11 7.13.03 Private Recreation Private recreational uses open to the public shall be ,permitted only when.the following standards are met: � 1 A. There is reasonable public access to and-the recreational uses, including access along the water's edgewhere it appropriate. In the case of Lake Washington, significant public access shall be provided; and The primary propose l facility is water dependent; and • • 11 .DB. The proposed facility will have no significant detrimental .effects on adjacent parcels; and EC. Adequate, screened, and.landscaped parking facilities that are separated from pedestrian paths are provided. 7.114 RESIDENTIAL DEVELOPMENT I 7.'6..01. Residential developments shall be allowed only when: III ' A. Adequate public utilities are available; and it B. Residential structures are set back inland from the water's edge ordinary high water mark a minimum of twenty five (20 25) feet, or consistent with setback provisions of the Renton Municipal Code, whichever provides the greater setback; and C. Density shall not increase beyond the zoning density outlined in the Renton Urban Area-Comprehensive Plan and Zoning Code. D. New residential developments shall be encouraged to provide public access. Unless deemed inappropriate due to health, safety or environmental !concerns, 1 new multi-family, condominium, planned unit developments, and 'subdivisions 1 except short plats, shall provide public access along the water's edge; in the case 1! of Lake Washington, significant public access shall be provided. 1! 1 3/191/98 ! 42 I I i 7.14.02 AJo-€Floating residences are-to-be-allowed prohibited. 7.15 ROADS AND RAILROADS li I 7.1 5.01 Location 7.15.0? Design Requirements A. Shoreline roadways should be scenic boulevards and—are to be restricted t„ where possible. B. Roadways located in wed-shoreland areas should be limited and designed and maintained to prevent soil erosion and to permit natural movement.of ground water. C. All debris and other waste materials from construction are to be disposed of in such a way as to prevent their entry by erosion into any water body. D. Road locations are to be planned to fit the topography, where possible, in order that minimum alteration of existing natural conditions will be necessary. ' 7.1,6 STREAM ALTERATION 7.16.01 Definition: Stream alteration is the relocation or change in the flow of a river, stream or, creek. A river, stream or creek is surface water runoff flowing in a natural or modified channel. 7.16.02 Permitted Stream Alteration A. Unless otherwise prohibited by subsection 7.16.03, stream alteration may be allowed subject to the regulations in subsection 7.16.04. B. Stream alteration may be permitted if it is part of a public flood hazard reduction/habitat enhancement project approved by appropriate State and/or Federal agencies. 7.16.0203 Prohibited Stream Alteration A. Stream alteration is prohibited in unique and fragile areas, except if the stream alteration is part of a public flood hazard reduction/habitat enhancement project approved by appropriate State and/or Federal agencies. B. Stream alteration solely for the purpose of enlarging the developable portion of a parcel of land or increasing the economic potential of a parcel of land is prohibited. C. Stream alteration is prohibited if it would be significantly detrimental to adjacent parcels. 3/19/98 ' 43 i I � 7.16.9304 Regulations on Stream Alteration A. All proposed stream alterations shall be designed by an appropriately State licensed professional engineer. The design shall be submitted to theBuilding and Development Services Division as part of the application. B. The responsibility rests solely with the applicant to demonstrate the necessity of the proposal. C. The timing and the methods employed will have minimal adverse !effects on aquatic life. D. Pollution is to be minimized during and after construction. E. The project must be designed so that the low flow is maintained and the escapement of fish at low water is possible. F. No permanent over-water cover or structure shall be allowed unless 'it is in the public interest. 7.17 TRAILS 7.17.01 Definition: For the purposes of the Shoreline Master Program, trails are a non,motorized transportation route designed primarily for pedestrians and bicyclists. 1, 7.17.02 Permitted Uses I i Trail uses shall be permitted within the shoreline, when the following standards are met: A. Provisions for maintenance operation and emergency access have been provided. B. They link water access points along the shoreline, or they link water access points along the shoreline with upland community facilities. C. They are designed to avoid conflict with private property rights and to ;create the minimum objectionable impact on adjacent property owners. D. Just compensation is provided to the owner for property to be acquired by the public. E. They insure the rights and privacy of the adjoining property owners. ' F. Over-water structures required by the trails are determined to be in the public interest. G. They are designed with a surface material which will carry the actual user loads and will have a minimum impact on the environment. 3/19%98 44 7.18 UTILITIES 7.18.01 Landscaping A. Native Vegetation 1. The native vegetation shall be maintained whenever possible. 2. When utility projects are completed in the water or wetland-shoreland, the disturbed area shall be restored and landscaped as nearly as possible to the original condition, unless new landscaping is determined to be more desirable. B. All vegetation and screening shall be hardy enough to withstand the travel of service trucks and similar traffic in areas where such activity occurs. C. Site Screening of Public Utilities: When a public utility building, telephone exchange, sewage pumping operation or a public utility is built in the shoreline area, the requirements of this Master Program shall be met and the following screening requirements shall 'be met. If the requirements of Section 7.198.01A, Native Vegetation, and the requirements of this section are in disagreement, the requirements of this section shall take precedence. 1. If the installation is housed in a building, the building shall conform architecturally with the surrounding buildings and area or with the type of building that will develop due to the zoning district. 2. An unhoused installation on the ground or a housed installation that does not conform with 1. above, shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier within five (5) years. 3. An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed with an eight (8) foot high open wire fence. Such installations shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier except at entrance gate(s), within five (5) years. 7.18.02 Special Considerations for Pipelines Installation and operation of pipelines shall protect the natural conditions of adjacent water courses and shorelines. A. Water quality is not to be degraded to the detriment of marine life nor shall water quality standards be violated. B. Native soils shall be protected from erosion and natural conditions restored. Water course banks and bottoms shall be protected, where necessary, with suitable surface treatment. C. Petro-chemical or toxic material pipelines shall have automatically 1 controlled shutoff valves at each side of the water crossing. 3/19/981 45 D. All petro-chemical or toxic material pipelines shall be constructed in accordance with the regulations of the Washington State Transportation Commission and subject to review by the City Public Works Department. I 1 7.18.03 Maior Utilities- Specifications A. Electrical Installations 1. Overhead High Voltage Power Lines a. Joint use docks and piers may extend to eighty (80) feet beyond the ordinary high-water mark or to a depth of twelve (12) feet, whichever is reached first. b. Structure of overhead power lines should be'. single-pole type or other aesthetically compatible design. 2. Electrical Distribution Substations: Electrical distribution substations shall be at a wetland-shoreland location only.when the applicant proves there exists no other site out of the wetland-shoreland area and when the screening requirements of Section 7.198.01 C are met. B. Communications: This section applies to telephone exchanges including radar transmission installations, receiving antennas for cable television and/or radio, and any other facility for the transmission of communication' systems. Communications installations may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and water area and when the screening requirements of Section 7.108.01C are met. In an aesthetic interest, such installations shall be located as far as possible from residential, recreational, and commercial activities. C. Pipeline Utilities: All pipeline utilities shall be underground. When underground projects are completed on the bank of a water body or in the wetland-shoreland or a shoreline, the disturbed area shall be restored to the original configuration. Underground utility installations shall be permitted only when the finished installation shall not impair the appearance of such areas. D. Public Access: All utility companies shall be asked to provide pedestrian public access to utility owned shorelines when such areas are not potentially hazardous to the public. Where utility rights-of-way are located near recreational or public use areas, utility companies shall be encouraged to provide said rights-of-way as parking or other public use areas for the adjacent public use area. E. All-inclusive Utility Corridor: When it is necessary for more than one (1) major utility to go along the same general route, the common use of a single, utility right- of-way is strongly encouraged. It would be desirable to include railroad lines within this right-of-way also. 7.118.04 Local Service Utilities, Specifications A. Waterlines: Sizes and specifications shall be determined by the 'Public Works Department in accordance with American Water Works Association (AWWA) guidelines. B. Sanitary Sewer: The existence or use of outhouses or privies is prohibited. All uses shall hook to the municipal sewer system. There shall be no septic tanks or 3/ 9/98 46 �i ' other on-site sewage disposal systems. Storm drainage and pollutant drainage shall not enter the sanitary sewer system. During construction phases, commercial sanitary chemical toilets may be allowed only until proper plumbing facilities are completed. All sanitary sewer pipe sizes and materials shall be approved by the Renton Public Works Department and METRO. C. Storm Sewers: A storm sewer drainage system shall be required. Pre-treatment of storm run-off or diversion to sanitary sewers may be required to keep deleterious substances out of neighboring water courses. Storm sewer sizes and specifications shall be determined by the Public Works Department in accordance with A.P.W.A. guidelines. D. Discharges of Pollutants and Petroleum Products 1. Discharges of pollutants into water courses and ground water shall be subject to the Department of Ecology, Corps of Engineers, and the Environmental Protection Agency for review of permits for discharge. 2. Oil Separations: These units shall be required at sites that have oil waste disposal into sanitary or storm sewer. These units shall be built to Municipality of Metropolitan Seattle (METRO) or State of Washington Department of Public Health specifications. 3. Petroleum Bulk Storage and Distribution: Petroleum facilities shall hereafter not be allowed. 7.18.05 All-inclusive Utility Tunnels For the distribution of local utilities, utility tunnels under the street right-of-way are recommended to carry all local utility services. For new development, the tunnel could be built at the time of road construction. The tunnel would include all utility services, both public and private, necessary for use in the public right-of-way, such as wiring for street lighting and water lines for fire hydrants and all utility services necessary for the private ' uses of the area. 3/f /98 47 SECTION 8. VARIANCES AND CONDITIONAL USES 8.01 VARIANCES AND CONDITIONAL USE PERMITS The Renton Land Use Hearing Examiner shall have authority to grant conditional use permits and variances in the administration of the Renton Master Program. The power to grant variances and conditional use permits should be utilized in a manner which, while protecting the environment, will assure that a person will be able to utilize his property in a fair and equitable manner. It shall be recognized that a lawful use at the time,the Master Program is adopted is to be considered a permitted use, and maintenance and restoration shall not require a variance or a conditional use permit. Both variances and conditional use permits are forwarded to the Department of Ecology and the Attorney General's Office for approval or denial. 8.02 VARIANCES Upon proper application, a substantial development permit may be granted which is at variance with the criteria established in the Renton Master Program where, owing to special conditions pertaining to the specific piece of property, the literal interpretation and • strict application of the criteria established in the Renton Master Program would cause undue and unnecessary hardship or practical difficulties. The.fact that the applicant might make a greater profit by using his property in a manner contrary to the intent of the Master Program is not, by itself, sufficient reason for a variance. The Land Use Hearing Examiner must find each of the following: 8.02.01 Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof, that do not apply generally to other properties on shorelines in the same vicinity. 8.02.02 The variance permit is necessary for the preservation and enjoyment of a!substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. 8.02.03 The variance permit will not be materially detrimental to the public welfare or;injurious to property on the shorelines in the same vicinity. 8.02.04 The variance granted will be in harmony with the general purpose and intent of this Master Program. 8.92.05 • The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. 8.02.06 The proposal meets the variance criteria in WAC 173-27-170. 8.03 CONDITIONAL USE Upon proper application, a conditional use permit may be granted. The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. With provisions to control undesirable effects, the 3/19/98 48 scope of uses can be expanded to include many uses. Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that;area. A conditional use permit will be granted subject to each of the following conditions:; ill I 8.03J01 The use must be compatible with other permitted uses within that area. 8.03,J02 The use will not interfere with the public use of public shorelines. 8.03'103 Design of the site will be compatible with the surroundings and the City's Master Program. 8.03104 The use shall be in harmony with the general purpose and intent of the Citys Master Program. 8.03105 The use meets the conditional use criteria in WAC 173-27-160. 8.04' TIME LIMIT, PERMIT VALIDITY, AND APPEALS A. Conditional use permits and variances shall be filed with the State in accordance with RCW 90.58.140(6) and WAC 173-27-130. Conditional permits and variances shall be deemed to be approved within thirty (30) calendar days from th;e date of it receipt by the Department of Ecology and the Attorney.General's office unless written communication is received by the applicant and the City indicating otherwise. B. Permit validity requirements of Section 2.06 shall apply to conditional use and variance permits. II C. Appeals of conditional use or variance permits shall be made in accordance with Section 2.09 of this Program. I I ill l � ' l I,I 3/19/98 49 , SECTION 9. DEFINITIONS For the purpose of this Master Program, certain terms and their derivations shall be construed as specified in this section. Words in the singular include the plural and the plural, the singular. The words "shall" and "will" are mandatory; the word "may" is permissive. The word "should" is advisory. 9.01, I ACT: The Shoreline Management Act of 1971, Chapter 90.58 RCW. 9.02 ACTIVITY: A happening associated with a use; the use of energy toward a specific 1 1 action or pursuit. Examples of shoreline activities include but are not limited to fishing, swimming, boating, dredging, fish spawning, wildlife nesting, or discharging of materials. Not all activities necessarily require a shoreline location. 9.03 AQUACULTURE: The culture or farming of aquatic animals and plants. 9.04 BOAT LAUNCHING RAMP: A facility with an inclined surface extending into the water ,! which allows launching of boats directly into the water from trailers. • 9.05 BREAKWATER: A protective structure, usually built off-shore for the purpose of protecting the shoreline or harbor areas from wave action. 9.06 BUFFER: A parcel or strip of land that is designed and designated to permanently remain vegetated in an undisturbed and natural condition to protect an adiacent aquatic or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access. 9.067 ' BUILDING: Any structure having a roof intended to be used for the shelter or enclosure of persons, plants, animals or property. 9.078 BULKHEAD: a wall „r embankment used for holding banli earth A vertical wall constructed of rock, concrete, timber, sheet steel, qabions, or patent system; materials. Rock bulkheads are often termed "vertical rock walls." Seawalls are similar to bulkheads, but more robustly constructed. 9.089 j BUOY: A floating object anchored in a lake, river, etc., to warn of rocks, shoals, etc., or used for boat moorage. 9.0910 CIRCULATION: Those means of transportation which carry passengers or goods to, from, over, or along a corridor. 9.4911 CORRIDOR: A strip of land forming a passageway between two otherwise separate parts. 9.-1412 DEVELOPMENT: A use consisting of the construction of exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading, driving of piling; placing of obstructions; or any other projects of a permanent or ' temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. 9. 13 DOCK: A fixed or floating platform extending from the shore over the water. 9.1414 DREDGING: The removal of earth from the bottom or banks of a body of water. 3/19/98 50 9.44.15 ECONOMIC DEVELOPMENT: A development which provides a service, produces a good, retails a commodity, or engages in any other use or activity for the purpose of making financial gain. 9.4a 16 FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood waters. 9.17 FLOODWAY: For purposes of determining the jurisdiction of this Master Program in coniunction with the definition of"shoreland" below, "floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodwav being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodwav shall not include those lands that can reasonably be expected to be protected flood waters by flood control devices maintained by or maintained under license from the Federal Government, the State, or a political subdivision of the State. 9.4618 FLOODPLAIN: The area subject to a 100-year flood. 9.4719 ; HEARINGS BOARD: The Shorelines Hearings Board established.by the Act. 9.4820 HIGH RISE: A structure exceeding seventy-five (75) feet in height. 9.4921 LANDFILL: Creation or maintenance of beach or creation of dry upland area by the deposit of sand, soil, gravel or other materials into shoreline areas. 9.2022 LICENSED ENGINEER: A professional engineer, licensed to practice in the State of Washington. 9.2423 LOCAL SERVICE UTILITY: Public or private utilities normally servicing a neighborhood, i.e. telephone exchanges; sewer, both storm and sanitary; distribution lines, electrical less than 55 KV, telephone, cable TV; etc. 9.2-224 j MAJOR SERVICE UTILITY: Public or private utilities which provide services beyond the City's boundaries, i.e. pipelines, natural gas, water, sewer, petroleum;; electrical transmission lines 55 KV or greater; and regional sewer or water treatment plants; etc. 9.2825, MARINA: A use providing moorage's for pleasure craft, which also may include boat launching facilities, storage, sales, and other related services. 9.2426 MASTER PROGRAM: The comprehensive shoreline use plan for the City of Renton and the use regulations, together with maps, diagrams, charts or other descriptive material and text, and a statement of desired goals and standards developed in accordance with the policies enunciated in Section 2 of the Act. 9.2527, MOORAGE: Any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessels. Examples of moorage are docks or buoys. 9.2628 MULTIPLE-USE: The combining of compatible uses within one development, of which the major use or activity is-water-dependent water-oriented. All uses or activities other than the major one are directly related and necessary to the major use or activity. 3/1'9/981 51 i I II 9.2729 ONE-HUNDRED.YEAR FLOOD: The maximum flood expected to occur during a one- 11 hundred (100) year period. 9.2830 OPEN SPACE: A land area allowing view, use or passage which is almost entirely i11 t 1 unobstructed by buildings, paved areas, or other man-made structures. 9.311 ORDINARY HIGH WATER MARK: On lakes and streams, that mark found by examining the bed and banks and ascertaining where the presence and action of waters are so II common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that } condition exists 'on June 1, 1971, as it may naturally change thereafter, or as it may change in accordance with permits issued by the City or State. The following criteria clarify this mark on lakes and streams: I I A. Lakes. Where the ordinary high water mark cannot be found, it shall be the 1 line of mean high water. 1 I r I B. Streams. Where the ordinary high water mark cannot be found, it snail be the I. line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the i' braiding occurs. I '! 2 I 9. 32 PIER: A general term including docks and similar structures consisting of a fixed or 1 floating platform extending from the shore over the water. 1 I 9.3033 PLANNED UNIT DEVELOPMENT: Special contractual •agreement between the I developer and a governmental body governing development of land. 9.3434 PUBLIC ACCESS: A means of physical approach to and along,the shoreline available to I. the general public. This may also include visual approach. I 1 I 9.3235 RECREATION: The refreshment of body and mind through forms of play, am l sement or 1 relaxation. The recreational experience may be active, such as boating, fishing, and I swimming, or may be passive such as enjoying the natural beauty of the shoreline or its I, wildlife. 1 1 9.3336 RESIDENTIAL USES: Developments where persons reside including but not limited to single-family dwellings, apartments, and condominiums. 1 - 9.37 I SETBACK: A required open space, specified in the Shoreline Master Program, measured horizontally upland from and perpendicular to the ordinary high water mark. 1 9.343 SHORELINES: All of the water areas of the.State regulated by the City Iof Renton, including reservoirs, and their associated wetlandsshorelands, together with the lands underlying them, except: A. Shorelines of state-wide significance. B. Shorelines on segments of streams upstream of a point where the mlean annual ri flow is twenty (20) cubic feet per second or less and the wetlands associated with I. 1 such upstream segments. j C. Shorelines on lakes less than twenty (20) acres in size and wetlands) associated with such small lakes. ' i �i i I 1 3/119/9'8 ' 52 ,j !j I 1, I. 9.3540 SHORELINES OF STATE-WIDE SIGNIFICANCE: Those shorelines described in-Section b 3-of—the-Act RCW 90.58.030(2)(e). i 11 9.3641 SHORELINES OF THE CITY STATE: The total of all shorelines and "shorelines of state- wide significance"Vie-regulated by the City of Renton. 1 9.3742 STRUCTURE: A combination of materials constructed or erected on the ground or water 1 or attached to something having a location on the ground or,water. I, 9.3843 SUBDIVISION: A parcel of land divided into two or more parcels. II- 9.3944 SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair market value exceeds two thousand five hundred (2,500) dollars' or any li development which materially interferes with the normal public use of the water or shoreline of the State. Exemptions in RCW 90.58.030(3)(e) and in Section.2103 of this II Master Program are not considered substantial developments. 9.4945 SUBSTANTIAL DEVELOPMENT PERMIT: The Shoreline Management Substantial 1 Development Permit provided for in Section 14 of the Shoreline Management Act of I 1971, (RCW 90.58.140). 9.4146 UNIQUE AND FRAGILE AREAS: Those portions of the shoreline which (1) !contain or substantially contribute to the maintenance of endangered or.valuable forms of life and '' (2). have unstable or potentially hazardous topographic, geologic or hydrologic features ., (such as steep slopes, marshes). III 9.4247i WATER-DEPENDENT: Referring to uses to activities which t necessarily require horeline location as a major and integral part of that use or activity or portions of a use j which cannot exist in any other location and is dependent on the water by reason of the I. intrinsic nature of its operations. Examples of water-dependent uses may include ship ji cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship ji building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. I. 9.48 WATER-ENJOYMENT: Referring to a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial 'number of people as a general characteristic of the use and which through the location, design and li operation assures the public's ability to enjoy the physical and aesthetic qualities of the 11 shoreline. In order to qualify as a water-eniovment use, the use must be open to the general public and the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating I public access to the shorelines of the state; and general water-eniovment uses may 11 include, but are not limited to restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels and mixed-use commercial/office; provided that 'such uses i conform to the above water-enjoyment specifications and the provisions of Ithis Master + Program. 9.4349 WATER-ORIENTED OR WATER RELATED/NON-WATER-ORIENTED: Referring to II usesactivitiet-er--fasilifies-whiGh-ar-e-het-hesessaF*wateF-depehdent-but-sfill-4hGor-Perate II i; view-windows"Water-oriented" refers to any combination of water-dependent, water- /�19/98 3 53 I' related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Shoreline Management Act. "Non-water oriented" serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples of non-water- oriented uses include professional offices, automobile sales or repair shops, mini-storage facilities, multi-family residential development, department stores and gas stations; these uses may be considered water-oriented where there is significant public access.! y I 9.50 WATER-RELATED: Referring to a use or portion of a use which is not intrinsically dependent on ar waterfront location, but whose economic viability is dependent upon a waterfront location because: A. of a functional requirement for a waterfront location such as the! arrival or shipment of materials by water or the need for large quantities of water, or B. the use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers'makes its services less expensive and/or more convenient. Example's include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost, professional services serving primarily water-dependent activities and storage of water-transported foods. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. 9,44g 38 WETLANDS OR \WTI a ND n REA S SHORELAND OR SHORELAND AREAS: Those lands extending landward for two hundred (200) feet in all directions, as measured on a horizontal plane from ordinary high water mark; floodways and contiguous! floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas, associated with streams, lakes and tidal waters which are subject to the provisions of the State Shorelines Management Act. For purposes of determining jurisdictional area, the boundary will be either two hundred (200) feet from the ordinary high water mark, or two hundred (200) feet from the floodway, whichever is greater. 9.51 WETLANDS. Areas that are inundated or saturated by surface water or ground water at j! I a frequency and duration sufficient to support, and that under normal circumstances do I'! support, a prevalence of vegetation typically adapted for life in saturated soil I conditions. I Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not II include those artificial wetlands intentionally created from nonwetland sites, including, but ji not limited to,' irrigation and drainage ditches, grass-lined swales, canals', detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created II from nonwetland areas to mitigate the conversion of wetlands. II j • 11 3/19/98 54 l I I I I I I I I 11 it I APPENDIX A SPRINGBROOK CREEK SHORELINE BOUNDARY MAP II .I' I I , I , it ' I ' ' I I I i I ' I I �I i I I I I , I I H:\DIVISION.S\P-TS\PLANNINGILGRUETER\SHORELINISMPAMDOE.DOC 3%19/98 55 CITY OF RENTON . . SHORELINE MASTER PROGRAM , SPRINGBRO•OK CREEK i 1 SHORELINE BOUNDARY MAP [ lm.„.. 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I I SW 4Ist S I I trii, a�� . tT111 I { /Ail mar.1. _ I sl 1 ..._ 43 d St. SW 43rd St. / . �-f t6'f j,-*r(waf ery. 3 11111 I if I _ /4 $ 182nd / ‘\ s rnn otot _i ,° 45tW t u N I 1 r 7 U Urban Environment • r ti tc) ' PLANNING/BUILDING/PUBLIC WORKS 0 1000 .2000 C Conservancy Environment z RJlAroonl■,D.Ybn.skl,M.Dotson *:' :' "/ `''Wetlands . 1.12000 ---- Shoreline Boundary 3 — — City Limits s t1ole: This map depicts the acoroximate location of the Sprin°brook Creek shoreline boundary and associated wetlands governed by the Renton 1 1 Shoreline Master Program Application of the Renton Shoreline Master Program to a crooerly is determined on a site-specific basis by the i Development Services Division uhlizina the regulations and definitions in the Program and any site-specific environmental analysis it CITY OF RENTON SHORELINE MASTER PROGRAM ADOPTED BY ORDINANCE NO. 3758 December 5, 1983 Revised July 22, 1985 (Minutes), March 12, 1990 (Resolution 2787), July 16, 1990 (Resolution 2805)an4L September 13, 1993 (Minutes), and iLj(9 ' , 1997 (Ordinance ) i I TABLE OF CONTENTS Section Page 1 Introduction 1 2 Procedures 5 2.01 Information Prior to Submitting Application 5 2.02 Shoreline Permits 5 2.03 Exemptions 7 2.04 Review of Application I 11 2.05 Time Requirements: Shoreline Permits 12 2.06 Rulings to State 15 2.07 Enforcement 15 2.08 Rescission of Permits 15 2.09 Appeals 16 2.10 Penalties 16 2.11 Amendments 17 3 Regulated Shorelines 4318 4 Goals and Policies 4419 4.01 Shoreline Uses and Activities Element I 19 4.02 Conservation Element i 19 4.03 Economic Element 21 4.04 Public Access Element 21 4.05 Recreation Element 22 4.06 Circulation Element 23 4.07 Residential Element 23 5 Environments 2025 5.01 Three Environments 25 5.02 Natural Environment 25 5.03 Conservancy Environment 25 5.04 Urban Environment 27 6 General Use Regulations 2328 6.01 Applicability 28 6.02 Environmental Effects 28 6.03 Use Compatibility and Aesthetic Effects 28 6.04 Public Access 29 6.05 Facility Arrangement- Shoreline Orientation I 29 6.06 Landscaping I 29 11/6/97 2 6.07 Unique and Fragile Areas 29 7 Specific Use Regulations 2530 7.01 Airport- Seaplane Bases 2530 7.02 Aquaculture 2630 7.03 Boat-launching Ramps 2631 7.04 Bulkheads 2732 7.05 Commercial Development 2833 7.06 Dredging 2833 7.07 Industrial Development 3035 7.08 Landfill 3435 7.09 Marinas 3436 7.10 Mining 3237 7.11 Parking 3237 7.'12 Piers and Docks 3337 7.13 Recreation 3641 7.14 Residential Development 3742 7.15 . . Roads and Railroads 3842 7.16 Stream Alteration 3843 7.17 Trails 3944 7.18 Utilities 4044 8 Variances and Conditional Uses 4348 8.01 Variances and Conditional Use Permits 48 8.02 Variances 48 8.03 Conditional Use 48 8.04 Time Limit, Permit Validity, and Appeals 49 9 Definitions 4550 LIST OF FIGURES (MAPS) ' I 3-1 Map of Shorelines 4318 A 5-1 Map of Environments 2227-A Appendix A Sprinabrook Creek Shoreline Boundary Map A-1 1116/97 3 SECTION 1. INTRODUCTION 1.01 BACKGROUND For several years there has been growing concern among citizens, local government and State government about the increasing pressures affecting the utilization of the shorelines within the State. In general, shorelines are of limited supply and are faced with rapidly increasing demands for such traditional uses as ports, fishing, swimming and scenic views, as well as new demands for recreational subdivisions, private housing, commercial and industrial uses. More people, higher incomes, more leisure time, and general business growth have combined to create a heavy use of the shorelines. In the fall of 1970,•the Washington•Environmental;Council circulated.an._initiative petition known as the Shorelines Protection Act, or Initiative 43, and gathered enough signatures to certify it to the legislature meeting in 1971. Initiative 43, placed the primary responsibility for the planning and implementation of the Act with State government. The legislature then had the choice of accepting Initiative 43, passing a substitute measure, or taking no_action whatsoever. They chose the second option and .enacted.engrossed Substitute House Bill#584, which was called the Shoreline,ManagementAct,a 1971, and subsequently became Initiative 43B. Initiative 43B, called for local control of planning and implementation of the Act. In-November of 1972, both measures were placed on the ballot, and the State's voters selected the Shoreline Management Act of 1971 (RCW 90.48). This Act is based on the • philosophy that;the shorelines-of our State are among our most "valuable" and "fragile" natural resources and that unrestricted development of these resources is not in the best public interest. Therefore, planning and management are necessary in order to prevent the harmful effects of uncoordinated and piece-meal development of our State's shorelines. 1.02 j REQUIREMENTS OF THE SHORELINE MANAGEMENT ACT , Under the Washington State Shoreline Management Act, local governments have the primary responsibility for initiating the planning program and administering the regulatory requirements of the Act, with the Department of Ecology acting in a supportive and review capacity. As set forth in the provisions of the Act, local governments must fulfill the following basic requirements: 1. Administration of a shoreline permit system for proposed substantial development on wetlands of designated water bnn1iecshorelines of the State regulated by Renton. ' I 2. Compilation of a comprehensive inventory which includes a survey of natural characteristics, present land uses, and patterns of ownership. i 3. Development of a Master Program to provide an objective guide for regulating the use of shorelines. I I 11/,6/97 1 1.03 COMPLIANCE IN RENTON The Washington State Shoreline Management Act of 1971, directs all local governments to develop a Master Program for the management of all shorelines of the State and associated wetlands shorelands lying within the corporate limits which are under the local !� governments' jurisdictions. This Master Program has been prepared to comp'y with the requirements of that Act and to formulate guidelines which will regulate the future utilization and development of the shorelines Wig-within theCity of Renton's jurisdiction. Specifically, this Master Program affects the shorelines of Lake Washington, Cedar River, Green River, Black.River, Springbrook Creek, and-May Creek, and any:other shoreline:later coming under the jurisdiction of the Act. In compliance with the first requirement of the State Act,:and as part;of this Master Program, the City of Renton is establishing a permit.system, under which a.;permit would have.to be obtained for any substantial development:proposed,within;aforementioned shorelines, within the city limits. of Renton's jurisdiction. Substantial development, according to the law, means any development on which the fair market value exceeds $1,000.00 $2.500.00, or any development which would materially interferes with the normal public uses of the water or shorelines of the state. As part of that permit system, _: general exceptions to the permit requirement are allowed and listed in section 2.03 of this document.:* I 2,--Constr Lion of theme rmal prof n b�d mmnn to s le family �„� r►c�,—PT�eo ,k�ead—se �g,�Q,,,.,T ri eessidenoves. .. ..t: . '3' Emergency constn action necessany to otect e�rtay from •'damage-' by the dements. , family residence for his own a ese or for the a ese of his family n ehich residence sloes e am net ■a.aevv , not exceed a height of thirty_fi a (35) feettabove average grade level 7 Cons a craft only for the non_onmmereial � Wit+era-ef-a�eslE-de�tgfled-f�-pleasufe-a „�R� us he owner f a-s ie family residence the cost of which does I of exceed $nn CCnnnn Applications for Exceptions must still be submitted to and approved by the Development Services Division.) However, any development which occurs within the-sit shorelines, as defined by the Act, whether it requires a permit or not, must be consistent with the intent of the State law. Under the shoreline permit system herein established, administrative responsibility for issuing substantial development permits lies with the Development Services) Division of the Planning/Building/Public Works Department„ but-t perr ts are rev wed in the AThe Land Use Hearing Examinero has the authority to approve er-deny grant shoreline variance or conditional use permit applications, which are then approved or denied by the Department of Ecology. Liberal provisions are provided for appeal of permit decisions made by the Development Services Division to the State of Washington Shorelines Hearings Board. Appeals of the decisions of the Land Use Hearing Examiner F erm+ts -instances ere Hearing Examin eview-is-requiredT for conditional use 11/6/97 2 i I permits and for variances are also heard by the State of Washington Shorelines Hearings Board. In compliance with the second requirement of the Act, the Renton Planning Department conducted a comprehensive inventory of the natural characteristics, present land uses, and patterns of ownership along the City's shoreline. The inventory was completed in October, 1972, and provided a substantial basis for the development of this Master Program. The environments and specific use regulations reflect the local conditions that are documented in that inventory. _ :-.In compliance with the third requirement of.the Act, the City.of Renton,:with the help of its local citizens, has developed a .Shoreline. Master Program to serve as a guide for regulating use of the Gity's-shorelines of the State within-.Renton's:jurisdiction. Included _ therein is:a description of the goals, objectives, policies,.environments, use regulations, and provisions for variances and conditional uses,:that were:enacted,as,part of:an overall plan which will regulate the future utilization and development of the shorelines of the State under Renton's jurisdiction. 1.04 DEVELOPMENT Or THE MASTER PROGRAM The Shoreline.Management Act requires that Renton's Shoreline-Management Program serve as an objective guide for regulating use of.the City'e.shorelines of the_State under the: City's jurisdiction. As defined by. the Act, .the,:Master. Program is to ,Be general, comprehensive, and:long-range.(20-30 years) in order to be applicable to all of Renton's ... ! _ - ,shorelines. "General" means that the policies, proposals, and luidelines..are not directed towards any specific sites. "Comprehensive". means that.the-Program:is.directed toward all land and water uses, their impact on the-environment-and .logical estimates of future 'growth, and it also means that the Program shall recognize the plans.and.programs of - other governmental units, and adjacent jurisdictions. "Long range" means that the Program is to be directed at least twenty (20) to thirty (30) years into the future, look beyond immediate uses, and follow creative objectives rather than a simple projection of current trends and conditions. The basic intent of this Master Program is to provide for the management of o City's shorelines of the State within Renton's jurisdiction by planning for and fostering all reasonable and appropriate uses and to ensure, if development takes place, that it is done in a manner which will promote and enhance the best interests of the general public. This Master Program has further been formulated to protect the public interest and general welfare in the-City's shorelines regulated by Renton and, at the same time, to recognize and protect owners' legal property rights consistent with the publlic interest. The goals and policies of this Master Program are formulated so as to enhance the public use and enjoyment of the shorelines so long as that public use is consistent with, and does not impair, legal private property rights. It is recognized that the shorelines of the city State of-found in Renton are located within a major urbanized areal and ttiat they are subject to ever increasing pressures of additional uses necessitating increased coordination in the management and development of the shorelines. An, attempt has, therefore, been made to present a planned, rational, and concerted effort to increase coordinated and optimum utilization of the shorelines of the city-of-State under Renton's jurisdiction. Additionally, this Master Program has also been formulated so as to provide for uses of our shorelines in the following order of preference: 1r/6/97 3 II 1. Recognize and protect the state-wide interest over local interest on shorelines of state-wide significance. 2 Preserve the natural character of the shorelines. 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. . Increase,recreational opportunities for the public in the shorelines. 7. Provide for any other element deemed appropriate or necessary. . It should also be noted.that the Department of Ecology has designated Lake Washington -as-a."region''._for the:.purpose-of shoreline planning. The:'Lake-:Washington Regional .Shoreline goals and Policies adopted by the.:Regional.Citizens'Advisory.Committee on October 31, .1973,--have been considered in the formulation of this Master Program. This Master Program should be read in its entirety,and be:.considered-as a.whole. The - goals-and policies and specific uses of this Master Program were developed in an attempt to provide long-range planning which would govern the future utilization and development of our shorelines. Although it is anticipated that this Master Program will need to be revised from time-to-time as additional shorelines are annexed and become subject to the , _ :_, provisions of this Act, as planned unit developments are..established,-and as additional ':experience is gained.working'with this Act during its-initial implementation period, it is felt -.that the general goals and policies of this Master Program-provide the-general guidelines _. .under which future utilization and development might-occur. :We feel confideni that these final guidelines are expressive of the concerns of the citizens of the City of Renton for the • management of.their_shorelines. This master Program has been.written with the:spirit of ' • ::optimism,°with the.hope.that our legacy of:.natural-grandeur.in the City of.Re?ton.will be more wisely used in the brief period .of time it is entrusted to us, so that succeeding generations might have it to enjoy. In 1982, the Renton Planning Commission recommended revisions to the Master Program in accordance with the provisions requiring periodic review. The Renton City Council adopted revisions to this Master Program in late 1983. 11 6/97 4 it SECTION 2. PROCEDURES 2.01 INFORMATION'PRIOR TO SUBMITTING APPLICATION Prior to submitting an application for a shoreline ,permit or an 1 exemption from a shoreline permit, the applicant should informally discuss a proposed development with the Development Services Division. This will enable the applicant to become familiar with the requirements of this Master Program, Building and Zoning procedures, and enforcement procedures. 1 2.02 "SUBSTANTIAL DEVELOPMENT SHORELINE PERMITS I 2.02.01 Application Forms and Fees No,-substantial development shall be undertaken on shorelines of the City without first obtaining a "substantial—development—shoreline permit'-' from the Department Development Services Division. Applications for such permits shell be made 1' on forms, and in--a-reviewed according to procedures prescribed by the Beilding and Zoning-Department.Development Services Division. _ Application,forms maybe revised = from time-to-time by the.. :.Development Services Division without prejudice to any existing applications. Such forms should be designed to obtain fT provide such information as is necessary to determine whether such a permit is justified. Applications,shall be made by.the property _ . . ..owner, or..his...authorized agent,..lessee,:contract purchaser,.or other person entitled to possession of the property and, except for applications filed by or on'behalf'of the City or other govemmental agencies, shall be accompanied by a receipt issued by the Finance Department showing._payment of the applicable fees which are established by the fee schedule ordinance. 2.02.02 Publishing Notice and Posting ?he-applicantshall-causee to b is }eed n^otioes thereof ornioe a week for t pro (2) Consecutive weeL w n of r ulation in the rea where said �.��s�fl�ne.,sFaper vT�el�Qral--FIFC�uracrorrm-crrc�arca�rrT..r�—�cnv shallhaye the right to req sire additional p blinations her the applicant in a neysnaner of tin The anplinapt c.hall hearth t affect e�environment of-such neighboring dis�ra�„ , of-publication Three (3) copies of the a notice of development application shall be posted prominently on the property concerned and in conspicuous public places within three hundred (300) feet thereof. The notice of development application shall also be mailed to property owners within three hundred feet (300') of the boundaries of the subiect property. The required contents of the notice of development application are detailed in Section 4-36- 8(B) of the Renton Municipal Code. Each sUG@I—notice of development application shall include a statement that persons 1 desiring to present their views to the Building and Zoning Department Development Services Division with regard to said application may do so in writing to that Department Division, and persons interested in the Building-and-Zoning-Departments-Development Services Division's action on an application for a permit may submit their views in writing 111%6/97 5 or notify the Development Services Division in writing of their interest within thirty (30) days from the last date of publication--issuance of such notice. Notice of development application for a substantial development permit regarding a limited utility extension as defined in RCW 90.58.140(11)(b), or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall include a twenty (20) day comment period. Such notification or submission of views to the Buildi^ Development Services Division shall entitle those persons to a copy of the, action taken on the application. . 2.02.03 Review Guidelines -Unless exempted or authorized through the variance or conditional use permit provisions of this Master Program, no substantial development permit and no other permit shall be granted unless the proposed development is consistent with the provisions of this Master ! Program, the Shoreline Management Act of 1971, and the rules and regulations adopted by the Department of Ecology thereunder. 2.02.0 Burden of Proof on Applicant :.The burden.of;proving that:the,:proposed substantial:development:is-:consistent..with the. :,.. =:. criteria which must be met before a permit is granted shall be on the;applicant. 2.02.05 Conditional Approval Should the Development Services-Division and/or-the Director or his/her designee find that any application does not substantially comply with criteria imposed by the Master Program and the Shoreline Management Act of 1971, he may deny such application or attach any terms or condition which he deems suitable and reasonable to effect the purpose and objective of this • Master Program. 2.02.06Administrative-Substantial Development Permit Appeals The Planning/Building/Public Works Department shall have the final authority to interpret this Master Program for the City of Renton. Where an application is denied or changed, per 2.02.05, an applicant may appeal the decision denying or changing a Isubstantial development permit" to the Land-Use-Hearing-Examiner-Shorelines Hearings Board for an open record appeal in accordance with Chapter 4-36 of the Renton Municipal Code. TheLand Use wring Exxaminer shall have the Final authority 4^ int�r t +hi Ma ter ..77 arrrrrrr.�orrart-rra-rc�'r � r$�v�Jccr See Section 2.10 for appeal procedures to the Shoreline Hearings Board. 2.02.07 Notification of City Departments It shall be the duty of theDevelopment Services Division to timely furnish copies of all applications and actions taken by said department Division unto such other officials or departments whose jurisdiction may extend to all or any part of the proposed development. 111 6/97 6 i I II 2.02.08 Bonds The Building and Zoni g Department a �e Pon .,^le D Development Services Division may require the applicant to post a bond in favor of the City of Renton to assure full compliance with any terms and conditions imposed by said i� department on any-substantial-development-shoreline permit. Said bond shall be in an amount to reasonably assure the City that any deferred improvement will be carried out within the time stipulated.. 2.03 EXEMPTIONS 2.03.01 Exemptions from Permit System The following shall not:be-considered substantial developments for the'. purpose of this Master Program: A. Any project with a certification from the governor pursuant to Chapter 80.50 RCW. B. Any development of which the total cost or fair market value does not exceed $ 000-$2,500, if such development does not materially interfere with the normal public use of the water or shorelines of the State. C. ". :. .Normal maintenance or repair of.existing structures:or developments, including damage by accident, fire or elements. 1. "Normal maintenance" includes"those usual .acts to preven a decline, lapse, or cessation from a lawfully established condition. , . .2. "Normal repair' means to restore'a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. 3. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause Isubstantial adverse effects to shoreline resources or environment. D. Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if it is constructed for the purpose of creating additional dry land. Additional construction requirements are found in WAC 173-27- 040(2)(c). E. Emergency construction necessary to protect property from damage by the elements. 1116/97 7 1. An "emergency" is an unanticipated and imminent threat to public li health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with this.Program. 2. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed to be the appropriate means to address the emergency situation, upon abatement of the 'emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, chapter 17-27 WAC or this Shoreline Program shall be obtained. 3. All emergency construction shall be consistent-with the !policies of chapter 90.58 RCW and this Program. 4. In general, flooding or other seasonal events that can be anticipated and may occur, but that are not imminent-are-not an emergency. F. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance, of irrigation structures, including, but not limited to head gates, pumping facilities, and irrigation channels. .A feedlot of any size,.:all processing - plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling, other than that which results from normal cultivation,' shall not be considered normal or- necessary-farming or ranching . _:„ _.activities. A feedlot shall be an enclosure or facility used or capable of(being used for feeding livestock hay, grain, silage;-or other livestock'feed;but'shall I not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it•include normal livestock wintering operations. G. - Construction on wetlands-shorelands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five (35) feet above average grade level and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 1. "Single family" residence means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. 2. ' Construction authorized under this exemption shall be located landward of the ordinary high water mark. Construction of a dock, including a community dock; designed for pleasure craft ii only, for the private non-commercial use of the owner of a ngle-fatil residence lessee, or contract purchaser of single and multiple family residences,) the cost of 1. This exception applies if either: a. In salt waters, the fair market value of the dock does not exceed $2,500. b. In fresh waters, the fair market value of the dock does not exceed $10,000; however, if subsequent construction having a 11I 6/97 8 fair market value exceeding $2,500 occurs within,five years of completion of the prior construction, the subsequent construction shall be considered a substantial development permit. 2. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. 1 1 1 , ._dev'eloopment incident to platting or required by the plat occu ling prior to April 4 1971; and 1 1 The development to be merle without a permit meets all requ cements of }he City othe t a r q em p pur nt to thi Master in��lz�vcn�r chv�-�egd�rc+rrrents Im,�Ased—,T�,-s�p,,��—�,,,e—I�,��,T Program; and , 1 1 , buildings do not exceed a height of thirty_five (35) feet above rade level• buildings and 5. The development is completed by June 1, 1973. • J: Construction or modification, by or under the authority'of the Coast Guard or a designated port management authority, of navigational,_aids such es channel markers and anchor buoys. K. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands. L. The marking of property lines or corners on state owned lands when such marking does not interfere with the normal public use of the surface of the water. M. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. N. Site exploration and investigation activities that are prerequisites to preparation of an application for development authorization under this program, if: 1. The activity does not interfere with the normal public use of The surface waters. 2. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. 3. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity: 4. A private entity seeking development authorization under this program 1, first posts a performance bond or provides other evidence of financial 11/6/97 9 responsibility to the Development Services Division to ensure that the site is restored to preexisting conditions. 5. The activity is not subject to the permit requirements of RCW 90.58.550. O. The process of removing or controlling an aquatic noxious weed asI defined in RCW 17.26.020, through the use of a herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under chapter 43.21C RCW. P. - Watershed restoration projects as defined below: 1. "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration1 plan that implements the plan or a part of the plan and consists of one or more of the following activities: a. A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings. b. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. c. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, :or enhance the fishery resource available for use by all of the citizens of the '1 state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred square feet in floor iarea and is located above the ordinary high water mark of the stream. 2. . "Watershed restoration plan" means a plan, developed or sponsored by 11 a State department, a federally recognized Indian Tribe, a city, a county or a conservation district, for which agency and public review has been conducted pursuant to Chapter 43.21 C RCW, the State Environmental Policy Act. The watershed restoration plan generally (contains a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed. Q. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply: 1. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose. 2. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW. 111/6/97 I 10 3. The Development Services Division has determined that the project is consistent with this Master Program. R. Hazardous substance remedial actions pursuant to WAC 173-27-040(3). 2.03.02 Exemption Certificate Procedures I , A. Any person claiming exemption from the permit requirements of this Master Program as a result of the exemptions specified in this Section, may shall make application for a no-fee exemption certificate to the Department Development Services Division in the manner prescribed by that department division. B. Any development which occurs within the regulated shorelines of the State under Renton's jurisdiction, whether it requires a permit or not, must be consistent with the intent of the State law. C. The City may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and this Program. D. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. 2.04 REVIEW OF APPLICATION 2.04.01 Review Criteria The Bui-lding—and—Zoning—Department—and—the—Polioy—Development— epartment Development Services Division shall review an application for a permit based on the following: A. The application. B. The environmental impact statement, if one is required. C. Written comments from interested persons. D. Information and comments from other City departments affected. E. Independent study by the Building and Zoning Department—and-z licy Development-Department-Development Services Division. Evidence presented et a p blic hearing, shop ld the B gilding and Zoning Department anti the Policy Development Department decide that it wog ild be in 4he r.a..a�.w„a a��w a�w � vv� vv w,vr„rv„a awru�a��w„arvvwvr-r the Folic„ Develo enter pa entchall-h o�� pr rules and a.«-, o,«,--�.�mop e,� aye-po,�er� te-p,ess��e-ra.��„Q regulations for such hearings I � I � 111/6/9I7 11 I � 2.04.0 Additional Information .I Building and Zoning Department The Development Services Division may require an applicant to furnish information and data in addition to that contained or required in the application forms prescribed. Unless an adequate environmental statement has previously been prepared for the proposed development by another agencyi, the City's Environmental Review Committee shall cause to be prepared such a statement, prior to granting a permit, when the State Environmental Policy Act of 1971, would require such a statement. 2.04.03 Procedural Amendments In addition to the criteria herein above set forth in this Section, the Policy D 1 velopment Planning/Building/Public Works Department may from,time-to-time promulgate additional procedures or criteria and such shall become effective,.when:reduced,to writing, and filed with the City Clerk and as approved by the City Council and the Department of Ecology. 2.05 APPLICATION TO THE PERMIT SYSTEM TO DEVEl OPMENT I INDERTA CAI PRIOR TO JUNE 1, 1971 2.05.01 Permit Required shall not require a permit except under the following circumstances: A. Wnerethe`astivity was lawful prior to June 1 _ - B Where—tler, e has eri n of -dormancy in the proieest between it inception and I one � 1979 C. i`ithererthe dev'elopment-is notes rvt completed prior to aone 1 1973 D Where dev� ent occ rre 74 on shoreline and contin red �rrcn�rcv e�m��-rrvv urrc , -r-rvrr-a-vnvr onto a different lake, river or tributary after June 1, 1971, a permit shall be required for the-substantial-deyeloprmrrent undertaken-after June 1, 197='. 2 05.02 Phasing 2.i)65 TIME REQUIREMENTS FOR SUBSTANTIAL DEVELOPMENT SHORELINE PERMITS I � 2.05.01 Applicability and Modification at Time of Approval ,i II A. The time requirements of Section 2.05 shall apply to all substantial development permits and to any development authorized pursuant to a variance or'conditional use permit authorized under this Program. B. If it is determined that standard time requirements of Sections 2.05.02 and 2.05.03 should not be applied, the Development Services Division shall adopt appropriate time limits as a part of action on a substantial development permit upon a finding 11 6/97 12 I I of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of this Master Program and RCW 90.58.143. If it is determined that standard time requirements 'of Sections 2.05.02 and 2.05.03 should not be applied, the Hearing Examiner, upon a finding of good cause and with the approval of the Department of Ecology, shall establish appropriate time limits as a part of action on a conditional use or varience permit. "Good cause" means that the time limits established are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted. C. Where specific provisions are not included to establish time limits on a permit as part of action on a permit by the City or the Department of Ecology, the time limits in Sections 2.05.02 and 2.05.03 apply. D. Requests for permit extension shall be made in accordance with Sections 2.05.02 and 2.05.03 below. 2.065 J9402 Construction Commencement ! „ A. Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and section 2.05.01 above, Construction of a-project activities. or a use or activity, for which a permit has been granted pursuant to !,this Master Program must be commenced within two (2) years e-City of the effective date of a shoreline permit, or the shoreline permit shall terminate. If such progress has not been made, and a. new permit shall be necessary.;. However, the Development Services Division may authorize a single extension for a period not to-exceed one year based on reasonable factors, if a request for extension has been filed with the Division before the expiration date, and notice of the proposed extension is given to parties of record and the Department of Ecology. B. Construction activities or commencement of construction referenced inlsubsection A means that construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two year period. 2.065.0203 Construction Completion A permit authorizing construction shall extend for a term of no more than five (5) years:,- after the effective date of a shoreline permit, unless a longer period has been specified pursuant to RCW 90.58.143 and Section 2.05.01 above. If an applicant files a request for an extension prior to expiration of the shoreline permit has been granted has not been completed within five (5)--years a ter the Building and Toning l epartment Development Services Division shall, , review the permit end upon a showing of good cause, may extend-the authorize a single extension of the shoreline permit for a period of up to one (1) year. Otherwise said permit shall terminate provided, however,thhat--no permit--shall bee elide unless._ ne applicant has requested such review and extens Peon prior to-the-expiration date-of-saaid perms+ [W C 173l 14 060(2) Notice of the proposed permit extension shall be given to parties of record and the Department of Ecology. To maintain the validity of a shoreline permit, it is the applicant's 111)16/97 13 1 1 f ' responsibility to maintain valid construction permits in accordance with adopted Building Codes. 1 2.05.04 Effective Date A. For purposes of determining the life of a shoreline permit, the effective date of a substantial development permit, shoreline conditional use 1 permit, or shoreline variance permit shall be the date of filing as provided in RCW :i 90.58.140(6). The permit time periods in Sections 2.05.02 and 2.05.03 do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions, or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. B. It is the responsibility of the applicant to inform the Development Services Division of the pendency of other permit applications filed with agencies other than the City, and of any related administrative or legal actions on' any permit or approval. If no notice of the pendency of other permits or approvals is given 11 , to the Division prior to the expiration date established by the shoreline permit or the provisions of this section, the expiration-of'a-'permit shall be based on the effective date of the shoreline permit. C. The City.shall issue permits within applicable time' limits specified in the 11 Renton'Regulatory Reform Ordinance, Chapter 4-36 of the Renton Municipal Code. ' Substantial development permits fora limited utility ,extension as defined-in RCW 90.58.140(11)(b), or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be issued within twenty-one (21) days of the last day of the comment period specified in Section 2.02.02. 2.;065 0305 Review Period - Construction Authorization A. No construction pursuant to such permit shall begin or be authorized and no building, grading or other construction permits or use permits shall be issued by the City until y`(30)twenty-one (21) days from the date e€#inal-approval and-granting-of the permit was filed with the Department of Ecology and the Attorney General, or until all review proceedings are completed as were initiated within the irty-{30-)twenty-one (21) days of the date of final-appal filing . Filing shall occur in accordance I with RCW 90.58.140(6) and WAC 173-27-130. B. If the granting of a shoreline permit by the City is appealed to they Shorelines Hearing Board, and the Shoreline Hearings Board has approved the granting 1 of the permit, and an appeal for iudicial review of the Shorelines Hearings Board decision is filed, construction authorization may occur subject to the 'i conditions, time periods, and other provisions of RCW 90.58.140(5)1(b). 2.065i0406 Transferability of Permit 1 If a parcel which has a valid shoreline permit is sold to another person or firm, such permit may be transferred to the new owner-upon-pcopei-a-pplieatil on 11'16/97 14 1 to the Building and Zonin ng Den rtmen The Building and Zoning Dep c ment may transfer said permit provided there will he no change in the proposed development I � . 2.076 RULINGS TO STATE Any ruling on an application for a substantial development permit under authority of this Master Program, whether it is an approval or denial, shall, with the transmittal of the ruling to the applicant, be filed concurrently with the Department of Ecology and the Attorney General by the Development Services Division. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. 2.,067 ENFORCEMENT All:provisions .of.this Master.Program shall be enforced:by...the Do Development Services Division. For such purposes, the Director or his duly authorized representative shall have the power of a police officer. 2.098 RESCISSION OF PERMITS 2.098.01 Non-compliance with Permit Anysubstantial development shoreline permit issued by the City under the terms of this Master Program may be rescinded or suspended by the: Development Services Division of the City upon 'a .finding that:a permittee has not complied with,conditions:of the. permit. If the holder of the permit chooses he shall be entitled to a hearing before the I and I Ise Hearing Examiner ' I 2.098.02 Notice of Non-compliance Such rescission and/or modification of an issued permit shall be initiated by serving written notice of non-compliance on the permittee, which notice shall be sent by registered or certified mail, return receipt requested, to the address listed on the application or to such other address as the applicant or permittee may have advised the City; or such notice may be served on the applicant or permittee in person or his agent in the same manner as service of summons as provided by law. 2.998.03 Posting In addition to such notice, the Building and Zoning Department Development Services Division shall cause to have notice posted in three (3) public places of which one (1) posting shall be at or within the area described in the permit. 2.098.04 Public Hearing Before any such permit can be rescinded ed, a public hearing may shall be held ,at the permittee!s written reg„est by the Land Use Hearing Examiner. request must be made by said permittee not later than 4A calendar days following service ef-Retise-upen-pecmittee,Notice of the public hearing shall be made in accordance with Section 4-36-8(D) of the Renton Municipal Code. 1 P/6/97 15 • it 1! 11 2.098.05 Final Decision I I II The decision of the Land Use Hearing Examiner shall be the final decision of the City on all rescinded applications. A written decision shall be transmitted to the Department of Ecology, the Attorney General's office, the applicant, and such other departments or boards of the City as are affected thereby and the legislative body of the City. 1' G 2.1-909 APPEALS 2.09.01 Shorelines Hearing Board 1 1 Any person aggrieved by the granting or denying of a substantial'development permit, a conditional use. permit and/or a variance on shorelines of the City State which are !I regulated by the City, or by the rescinding of a permit pursuant to the provisions of this ,; Master Program, may seek review from the State of. Washington Shorelines Hearing ,i B11 oard. App als of decisions by the I and Use Hearing Examiner m Est be rnadl directly to }he Shorelines L.leerinnc Qnnrd ,,,v r........ vVv ' ,vM,,, 2.b9.02 Filing '' II Appeals are made by filing a request with the Shorelines Hearings Board for the same within thirty (30) twenty-one (21) days of receipt of the final order and the date the shoreline permit was filed. Within seven (7) days of filing-.a.petition for-review with the .Board, the petitioner shall servelay-eensurrently-filing copies of such request with the Department of.EcologyA and the �Attorney7.General's:office as provided-.in: RCW 90.58.180. A copy of any such appeal 11 notice shall : likewise be filed with the Planning/Building/Public Works ep Daar"tment Development Services Division and the City Clerk of the City of Renton. `'1' 2.09.03 Limited Utility Extensions and Protective Bulkheads-Appeals 1 11 Appeals of substantial development permits, for a limited utility extension as defined in ' RCW 90.58.140(11) or for the construction of a bulkhead or other measures to protect a 11 single family residence and its appurtenant structures from shoreline erosion, shall be finally determined by the legislative authority within thirty days. 2.4410 PENALTIES 2.'140.01 Prosecution l Every person violating any of the provisions of this Master Program or the Shoreline Management Act of 1971, shall be punishable under conviction by a fine not exceeding 1: ne thousand ($1,000) dollars, or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, and each day's violation shall 11 constitute a separate punishable offense. I 2.140 02 Injunction it 1 The City Attorney may bring such injunctive, declaratory or other actions as are necessary to insure that no uses are made of the shorelines of the State withirtunder the City jurisdiction which are in conflict with the provisions and programs of this Master Program it or the Shoreline Management Act of 1971, and to otherwise enforce provisions of this 1 Ordinance and the Shoreline Management Act of 1971. 111/6/97 16 11 II I I 2.j11.0 03 Public and Private Redress Any person subject::to the regulatory program of this Master Program who violates any provision of this Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, II including the cost of restoring the affected area to its condition prior to such violation. The City Attorney may bring suit for damages under this.subsection on.behalf of the City. Private persons shall have the right to bring suit for damages under this.subsection on their own behalf and.on behalf of all persons similarly situated. If liability has been established.for._the cost,of•restoring an area affected-by violation, the ,Court shall make :.provision to:assure that'restoration..will be accomplished.within-a:reasonable.time at the ..... . ..... ..... .. expense.of-the-violator. In.addition to-such relief,,including:monetary-damages,.the Court • 1 ..... in;its-discretion may'award-attomey's fees and costs of.the suit to.the'prevailing:party. 2.121 _AMENDMENTS The City shall review this Master Program every four (4) years hereafter, or sooner if necessary. Any..amendments. to this Master. Program shall be reviewed, first by the Planning Commission, which shall conduct at least one (1) public hearing on the proposed amendment.: The Planning Commission shall make a.recommendation to the City - Council,-.,which :.may hold_ at loast one (1)' public hearing before making a determination. . Any.proposed amendment shall be submitted to, the Department of • . . Ecology.for approval in accordance_with.Section-19-of the--Shoreline:Management Act of 1971. it li 11/6/97 17 I I SECTION 3 - REGULATED SHORELINES-OF—THE--CITY I I 3.01 Approximately 18 miles of shoreline in the City of Renton are under the jurisdiction of the Shoreline Management Act of 1971. By State standards, the Green River and Lake Washington are classified as Shorelines of State-wide Significance, and comprise approximately 5.8 miles of the shorelines of the State regulated by City of.Renton. In addition, the shorelines of the Cedar River, Black River, Springbrook Creek, and May Creek are shorelines within the City. These 18 miles of shoreline in the City of Renton are considered an extremely valuable resource not only to the City of Renton,' but also to the State Metropolitan Area of which Renton is an integral part. 3.02 . Each shoreline has its own unique qualities .which.,makes it valuable, i particularly Shorelines of Statewide Significance, which in Renton include Lake Washington and the Green River. -and-preference is, therefore, given to'the following uses in descending order of priority (as established by Chapter 90.58.020 RCW) for Shorelines of Statewide Significance: 1. Recognize and protect the state-wide interest over local interest for shorelines of state-wide significance. 2. Preserve the natural character of the shorelines. 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shoreline. 3.03 . - In the City of Renton, the following bodies of water are regulated by/the Act: 1. Cedar River. 2. Green River. 3. Lake Washington. 4. May Creek from the intersection of May Creek and N.E. 31st Street in the southeast quarter of the southeast quarter of Section 32-24-5E WM downstream in a northeasterly direction to its mouth at Lake Washington. 5. Springbrook Creek from the Black River on the north to S.W. 43rd Street on the south. 6. Black River. The above information is illustrated in Figure 3-1. 3.04 The Jurisdiction of this Master Program includes shorelines of the State which includes shorelines, Shorelines of Statewide Significance and wet,. tla;ds shorelands as defined in Section 9. l 11%6/97 18 I � ' � I I ... ---- - ---- -. ...---I -- -___ )- - ii , � 1 1 ..,,,__ .., vt., . 1 0,,,, ,c, z....._\ ...._.____,,____________._ , 1 i , _= ,,, ) : . i • - ---I* 1 , ,..___. , , 1 1 .. / .. ,_ 7 1, , . 1 _ _\, , 1 -- 5........ \• . 1 1 i 1 • ...1 _.. .. .. __._ ../______rj- `.. -__.,„..::,,_E_-____. . ..T__,.. _ __I-t_.,- -- ! ..:. —',.?_1,_,I. _ -.____I_______ ______ • -I ---u---- 4__ , ...ic c___.. i - .i. .(7 cr.7. . _ .•_[ ._....._f"... ri--ii-Prust. •• •-i* . - \ r 7 ..• f j..-§c/— -I— —. ------- - ----- I �/ -.• rkL. ._ L.1= ...,, 1-Li . ICJ= ,_ !`l I ).I -ri_E=----.1/giq.(. . , Ai% 1 • 2%4' , Lif---. ---- ' c'..ilL ' :. -. - . " 0,. ......„ ... .. it ..._,-, II,• • _ . ...„..,___, j.. _. ._ i.:7. _,.,_ a (7-2_-..i.)1 -. ••.-.! . .. •rl \ , - ,4 rg . / , IV: e- 2: ..* -Pitt i'%\I -- ..aii:i*---- .V--P.I..."--.-.• _A- }P.1ow L•••,14-•31)1..'C:-::/__'...•.1=___-m_j:-.I:.__._i.1....II,...t._.•.:•.'i;:1',.._.. i-1 1 ,:::::L.4...L...t...P.:-:-......1.1.,,.....)_...._-'-•. ;fir r10 ; 1 =-=__l'l.i...ic..--7---"r.— r1 : X":=__.• iri .— \ ..._i.1.... 4 - . .""/r/ !. ..'C...—U-I:-.1.11.-...,1...__..•L. Ft ,...•#! .....,• ..- .-;.-_:—... T. -77_1-.7...L111c.•..y-t.f.'..,.-."E- . —\�� . • - L,PN • rs .,-. . III 0) . . ._____, _ �,ate►��1 I • lci5 i I• `` -- a:l.:,rr— ,, 3 — .7. ill 2. r 0 ull • 0 cc. (,) . 2 1-1[-: . . :4 - 'I w ,••l : A.. i _-__- - . .._, - /� '`` ;�; '" - �1- S *Nal 0 Lla . vol. -• g , , , • „,,i, 1 IL ' — ( te a - F 1' 1: oc .', 1124- CI .:::: _ a_.;.....7.__,• r„,,,,,, . jj__ . . _.... ::::_iiiii,.:---- ...-- =„,.... i.........—;..i—. -..) 1 . . [rimr:‘ --.: :::;;:" .___?:II g. , Ill - : " -0:-4-441. 11"— - - - -/---- .1,1 1:.-• A A." . -- u ....mai:— , .,,, u'it\.."--;=-,.. —L ., z ...o. . 1/,/ , .�-1 J I . ��. I SECTION 4. GOALS AND POLICIES 4.01 SHORELINE USES AND ACTIVITIES ELEMENT 4.01.01 Goals: A. Shorelines of the City State regulated by the City are to be planned and coordinated to afford best use of the limited water resource. B. Shorelines of the City-State regulated by the City are to provide natural amenities within an urban environment. 4.01.02 Policies: A. Reasonable and appropriate shoreline uses and activities should be.planned for: 1. Short-term economic gain or convenience in development should be evaluated in relationship to potential long-term effects on the shoreline. 2. Preference should be given to those uses or activities which enhance the natural amenities of the shorelines and which depend on a shorelines location or provide public access to the shorelines. 3. Planning, zoning, capital improvements and other policy and!.regulatory standards should not increase the density of-or intensity of..shoreline uses or activities except on a demonstrated need.considering the shorelines and then only in accordance with the policies contained herein. 4: Plans should be developed for shorelines particularly .suited for water- dependent uses or activities. 5. Multiple use of shorelines should be planned where location and integration of compatible uses or activities are feasible. 6. Aesthetic considerations should be encouraged when contemplating new development, extensive redevelopment of existing facilities or for general enhancement of shoreline areas. 7. Shoreline uses and activities should be discouraged if they are objectionable due to noise or odor or if they create offensive' or unsafe conditions in relation to reasonable and appropriate uses and activities. B. Those shoreline uses or activities which are not water related water-oriented should be encouraged to relocate away from the shoreline. C. All shoreline developments shall be designed and constructed to protect the rights and privacy of adjacent property owners. 4.02 CONSERVATION ELEMENT 4.02.01 Goal: , 1 i The resources and amenities of all shorelines situated in the City of Renton are to be protected and preserved for use and enjoyment by present and future generations. i I 11/6/97 19 1 �I ! 4.02.02 Policies: A. Existing natural resources should be conserved. 1. Water quality and water flow should be maintained at a level to permit recreational use, to provide a suitable habitat for desirable forms of aquatic life, and to satisfy other required human needs. 2. .. Aquatic habitats and spawning grounds should be protected, improved and, if feasible, increased. 3. Wildlife habitats should be protected, improved and, if feasible, increased. 4. Unique natural areas should be designated and maintained as open space for:passive forms of recreation. Access and use should be.lestricted, if necessary, for the conservation of these areas. wetl ands B. Existing and future activities on all shorelines of the State and ,.w�„a� shorelands within-regulated by the City.of Renton should be-designed to minimize adverse effects on the environment. C. The City of Renton should take aggressive action with responsible governmental agencies to assure that discharges from all drainage basins are considered an integral part of shoreline planning. 1. . .. ....Soil erosion.and sedimentation which-adversely°affect:any:shoreline within the City of Renton will be prevented or controlled. 2. . The contamination of existing water -courses -will be . prevented or controlled. :D. Shoreline areas having historical, cultural, educational-or scientific value should be identified and protected. 1. . .Public and private cooperation should.be encouraged in site preservation and protection. 2. Suspected or newly discovered sites should be kept free from intrusions for a reasonable time until their value is determined. E. Festivals and temporary uses involving public interest and not substantially or permanently impairing water quality, water flow or unique and fragile areas may be permitted per Chapter 5-21 of the Renton Municipal Code. F. All further development of the shorelines of May Creek east of FAI-405 right-of- way, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1. Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405 right-of-way, and that portion of Springbrook Creek beginning from approximatelylI SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently, acquired Wetlands Mitigation Bank should be left in an undeveloped natural state as much as possible. 11)6/97 20 �i 4.,03 ECONOMIC ELEMENT 4.03.01 Goal: Existing economic uses and activities on the shorelines are to be recognized and economic uses or activities that are water-related-water-oriented are to be encouraged. 4.03.02 Policies: A. Economic uses and activities which are not water-related-water-oriented_ should be -- discouraged. In .those: instances where such uses :or activities .are permitted, reaaenable-public access to and along the.water's-edge should be provided. B. - :Future economic uses and activities should..utilize the shoreline in 'Ian efficient manner. 1. Economic uses and activities should minimize-and-duster-that-locate the water-related—water-oriented portion of their development along the shoreline and place inland all facilities which do not require a water's edge . location. 2. The length, width, and height of over-water.structures should be limited to the smallest reasonable dimensions. i 3. Shoreline developments should be designed:to:enhance.the,scenic view. C. Multiple use of economic developments on the shoreline should be encouraged to provide public recreational opportunities wherever feasible. D. Shoreline facilities for the moorage and servicing of boats and other vessels _ should be prohibited in single family zoned areas wherever feasible. 1. Commercial dockings and marinas shall meet all health standards. 2. Marinas and other economic activities shall be required to contain and clean up spills or discharges of pollutants associated with boating activities. E. The expansion of log raft storage on Lake Washington should be discouraged. F. Containment or mitigation of pollutants shall be required of all economic activities on the shoreline by property owner and/or operator. 4.04 PUBLIC ACCESS ELEMENT 4.04.01 Goal: Increase public accessibility to shorelines, and preserve and improve the natural amenities. 4.04.02 Policies: A. Public access should recognize and be consistent with legal property rights of the owner. B. Just compensation shall be provided to property owners for land acquired for public use. 11%6/97 21 � I C. Public access to and along the water's edge should be consistent with public safety and preservation/conservation of the natural amenities. D. Public access to and along the water's edge should be available I throughout publicly owned shoreline areas. E. Public access from public streets shall be made available over public property or by easement. F. • Future multi-family,. planned unit developments, subdivisions, commercial and industrial developments shall be encouraged,to provide public access along the water's edge. G. Private access to the publicly owned shoreline corridor shall not be denied to owners of property contiguous to said corridor. H. When making extensive modifications or extensions to existing structures, multi- family, planned unit development, subdivision, commercial and industrial developers should be encouraged to provide for public access to and along the water's edge if physically feasible. I. High-rise structures on the shoreline shall be:prohibited, but could be permitted adjacent to the shoreline if• J Views of the c h w uld not be--substantially bstr cted due t via v� n i v—c�rrA�'elfr�e--�TE3crr ��v�v cenaa c8 Shoreline low-rise development should provide substantial grade level views of the water from public shoreline roads running generally parallel to the waters edge. J. Both passive and active public areas shall be designed and provided. K. In order to encourage public use of the shoreline corridor, public parking shall be provided at frequent locations. L. Preservation or improvement of the natural amenities shall be a basic consideration in the design of shoreline areas to which public access is provided, including the trail system. M. In planning for public access, emphasis should be placed on foot and bicycle paths rather than roads, except in areas where public boat launching would be desirable. 4.05 RECREATION ELEMENT 4.05.01 Goal: Water-related—Water-oriented recreational activities available to the public fare to be I encouraged. 4.05.02 Policies: Water relater) A. Water-oriented recreational activities should be encouraged. 1. Accessibility to the water's edge should be improved. 11/6/97 22 if ! it ;! 1111 2. Shoreline park areas should be increased in size and number. 11 3. Areas for specialized recreation should be developed. 4. Both passive and active recreational areas shall be provided. it J! B. Recreational fishing should be supported, maintained and increased. ij C. Public agencies should be encouraged to buy shoreland, as it becomes available 1! for sale, based upon an established plan declaring public intent. D. Local jurisdictions should join in a cooperative effort to expand recreational _ opportunities through programs of acquisition; development,,and maintenance of .1 waterfront areas. E. Subject to state and federal regulations, the°waters depth may be-changed to it foster recreational aspects. ,, 4.06 CIRCULATION ELEMENT I, 4.96.01 Goal: -Minimize motor vehicular traffic and.encourage pedestrian:traffic:within the-shorelines. 4.06.02 Policies: ii 11 A. Shoreline roadways should be scenic boulevards where possible-and-should-be ,i restricted to existing rights_of_wav it B. Public-transportation should be .encouraged to facilitate access to shoreline recreation areas. ;j C. Pedestrian and bicycle pathways, including provisions for maintenance, operation and security, should be developed. 1. Access points to and along the shoreline should be linked by pedestrian and bicycle pathways. ,J 2. Separate pedestrian and bicycle pathways should be included in new or expanded bridges or scenic boulevards within the shorelines. i' 3. Separate pedestrian and bicycle pathways should be included in publicly financed transportation systems or rights-of-way, consistent with public interest and safety. !� 1 D. Commercial boating operations, other than marinas, should be discouraged, but if permitted, should be limited to commercial and industrial areas. 4.07 RESIDENTIAL ELEMENT 4.07.01 Goal: 1 Existing residential uses are to be recognized, but future residential development should optimize regulated public access to and along the shorelines consistent with legal Ji property rights of the owner. JJ I' 11/6/9f 23 4.07.02 Policies: A. Residential uses over water shall not be permitted. B. Residential development should not be constructed in unique and fragille areas. C. New residential developments along or impinging upon the..shoreline should be permitted only where sanitary sewer facilities are available. DResidential son uct urea near Ohs shorelines shall he set hank from the a ater's edge at least fie.enfi. /7/\\ feet .-. ..... ........ ........ ......... ... ... . ........ ....... ..... ED. Future .shoreline .subdivision and planned unit .developments (P.0!D.) should provide regulated public access to and/or along the water's edge. F. Low density. development should be :encouraged in future residential GE. New residential developments should optimize utilization of open space areas. MF.:_ -. All.further.development on the shorelines of:May.,Creek east of FAI-405 right-of- way and that portion of Springbrook Creek beginning.from approximately SW 27th Street on the north to SW 31st Street on the.south,.abutting City-owned wetlands in this area, and for that portion of the west side of.the.Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation BSI nk should be compatible.with the existing natural state of the shoreline. 1. Low density development should be encouraged to'the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405 right-of-way and that portion of Springbrook Creek beginning from approximately' SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be left in an undeveloped state as much as possible. 11/6/97 24 '' I SECTION 5. ENVIRONMENTS 5.01 THREE ENVIRONMENTS Three environments, Natural, Conservancy, and Urban, shall be designated to provide a uniform basis to apply policies and use regulations within distinctively differerilt shoreline areas. The environmental designation to be given any specific area shall be based on the existing development pattern, the biophysical capabilities and limitations of the area being considered for development and the goals and aspirations of local citizenry. ,Shorelines have been categorized according to -the natural characteristics and use Ij regulations have been designated herein. 5. 2 NATURAL ENVIRONMENT 5.02.01 . Designation of the Natural Environment: A. Obiective: The objective in designating a Natural environment is to protect and preserve unique and fragile shoreline or wetland environments, in their natural state. The Natural environment is intended to provide areas of wildlife sanctuary and habitat preservation. B. Areas to be Designated as a Natural Environment: 1. Areas that are unique or fragile. 2. Floodways areas. C... . Acceptable Activities and Uses: The only human activity that is acceptable is for floodway drainage or storage. All other human activities including recreation are considered inappropriate. 5.02.02 Designation of the Natural Areas: The City of Renton recognizes that preservation of Natural shoreline areas can only be assured through public acquisition. Therefore, where private development is proposed in areas so designated, the City shall require dedication as necessary for flood storage. 5.02.0 Jurisdiction: That portion of the north bank of the Black River lying west of its confluence with Springbrook Creek, shall be designated Natural (see figure 5-1). 5.03 CONSERVANCY ENVIRONMENT. 5.03.01 Designation of the Conservancy Environment: A. Objective: The objective in designating.a Conservancy environment is to protect, conserve, and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state, while providing for limited use of the area. The Conservancy environment is intended to provide a pleasant break in the surrounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton. B. Areas to be Designated as a Conservancy Environment: 11/6I'/97 25 ' I 1. Areas of high scenic value. 2. Valuable areas for wildlife habitat. 3. Hazardous slope areas. 4. Flood-prone areas. 5. Areas which cannot provide adequate utilities for intense development. 6. Areas with unique or fragile features. C. Acceptable Activities and Uses: Activities and uses considered to be!acceptable - in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in a Conservancy environment are low density residential;.passive agricultural uses ' -such as pasture or range lands, and passive outdoor recreation. 5.93.02 Use Regulations in the Conservancy Environment: A. Commercial Uses: Commercial uses shall be limited to home occupations, which shall be contained wholly within the dwelling unit. B. Fish and Game Reserve and Breeding Operations: Any such activity shall be allowed only by the Land Use Hearing Examiner. C. Industrial Uses: All industrial activities are prohibited .in a Conservancy environment. D. Recreation Use: In the Conservancy environment, recreation uses shall be limited to passive recreation. 1. Permitted Uses: (a) " Public hiking and bicycle trails. (b) Non-motorized public fishing. (c) Public wading and swimming spots. (d) Public areas for nature study. (e) Public picnic areas. 2. Uses Allowed by Hearing Examiner: (a) Public overnight camping areas. E. Residential Uses: 1. Permitted Uses: Low-density single family residences. 2. Prohibited Uses: Multi-family residences of two (2) units or more. F. Utilities: 1. Local Service Utilities: The necessary local service utilities shall be permitted for approved activities and uses within the Conservancy environment and shall be underground per City code requirements. 2. Major Utilities: Major utilities may be allowed only by approval of the Land Use Hearing Examiner and only if they cross the conservancy area in the ;I shortest feasible route. G. Roads: Necessary roads are permitted subject to the standards of Section 7.15 of this Program. 11/6/97 26 I ' 5.03.03 Jurisdiction That portion of May Creek east of FAI-405 right-of-way and that portion of thejsouth bank of the Cedar River, 2,500 feet east of FAI-405 right-of-way, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting .the City's recently acquired Wetlands Mitigation Bank shall be designated conservancy (see figure 5-1. and Appendix A- Springbrook Creek). 5.04 URBAN ENVIRONMENT 5.04.01 Designation of the Urban Environment: A. ,-.Objective: .The objective of the Urban environment is to ensure::optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. B. High-intensity Land Uses: The Urban environment is an area of high-intensity land use, including residential,. commercial, :and. industrial :development. The environment does not necessarily include all::;shorelines.within_an incorporated city, but is particularly suitable to those areas..presently subjected to extremely __::.intensive use pressure, as well as areas planned to accommodate intensive urban expansion. On certain -shorelines planned for future..urban'expansion, there should be limitations based on the physical aspects of the site. C. Water-dependent,-Activities Water-Related, and Water Eniovment Use Providing Public Access: Because shorelines suitable for urban uses are a limited resource, emphasis shall be given to development within already developed areas,-and particularly-te water-dependent industrial and commercial uses requiring frontage on shorelines, and water-related or water-enjoyment uses which significantly increase public access to the shoreline. D. Public Access: In this Master Program, priority is also given to planning for public visual and physical access to water in the Urban environment. Identifying needs and planning for the acquisition of urban land for permanent public access to the water in the Urban environment shall be accomplished through the Master Program. To enhance waterfront and ensure maximum public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to non- motorized transportation routes such as bicycles and hiking paths. 5.04.02 Use Regulations in the Urban Environment: All uses shall be allowed as indicated by Section 7 of the Master Program. 5.04.03 Jurisdiction All shorelines of the City State regulated by the City which are not designated as Conservancy or Natural are designated as Urban (see figure 5-1). 11/6/97 27 . 1 . // —--i) •• : •• i (1 1.._____ ._. ._ _.____ ...„...,,.._._ _____ -___i-_ - .I— -I • _ _,l , , , 4/ V V • I t ; =11.1_ • ). L I I ? / _ I I I ,_ S� = I - i I :I .____.. __ 7 , ___._ _ )___, ____.._ ...c-J...z._ f____ I __ 1 _iv_ [-EI,_u_ —-74 ILL. 1 i ri . / .-\ l- 1 -r,-- - — :FL—. I , • 7-:...‘"7 I----.j .---— 0_ I /t---i_J-N___- -1 .../. . 1 \ 1 ssa.—___i—....,_,.lit4;,.:.......,... .1.3 /...... . 3 I 11 - ' __ !______—___ _/. 1___ \ --- I Ir.;:5-f--4' 1:: --;.rya.....-.......11,,c . • P76. `.1- I ... .n il,, , ____. :-... :#3,..**:- .. _ii--1--ii_i 1 =J'lJ.CA. I l� r I_� I 11 • .""^..•r;. J -t I:' .. • _ _ ,_.: .----- ........ 1 p...w. . ,_..."'..,-÷.:... ell. .",:: L?1• •• r .+.. / - . \ .la : -- - ..,,=-7,.......„...:1•7'...; --1..J.::-....-...:...: 71 111 - L = L _ C .• _ '�~ �'' - �- -_'- -- - -I_ - ,1. , . _ q w __. ...... cc Et . . -v-j_ .______ ...._ _ , 12iir 1 ._— 7=1. kolow....-404N, _OA ,i. , --&—: -,_... in.__.Nit,- lig" ,.--"--- -1 e......./— ---- a/ --..% .- _1_ 1 =14 . 1_. -ii- . . . a--r\ L- . 2 . . • • -.. .. • _� � �x�_ _sue. �. �1 J , � aJ 2 � 7 CC -I ., ,n1Z y r- 1 - - E_ Oo • .i i-J 1- y}'-`I� - _ _ cc0 -_________.. .. - W _c:.:i•� qi. _._______.__. __. . L I-. (-1- 7 (')5. .7 \ . • Cr • 2 • ..4 • 3 1jL alc . .., 17._• • : i. i.‘ ,. 1 ! 1i21ri •f / -............F LI 13 ' ‹: • Ill D . .. . 0., _____. Lu `'.- —---------1--1 cc . • a* t) --ict -___.-•' ...-2::i _ . _:_,t ,'-k) _41.-c-a . 1 i,. • 041/ :fgif\ _ l_ (-, c-,. • > . ..: •-•- , i L ---- _ ..-i — -- -----i-„13.. _ gilp - . ( - • 2. I .• 0 I I /�/ k,� L-1 • - �� I,.. I. f I SECTION 6. GENERAL USE REGULATIONS 6.01 APPLICABILITY This section shall apply to all Shoreline uses whenever applicable. Items included here will not necessarily be repeated in Section 7, Specific Use Regulations, and shall be used in the evaluation of all permits. 6.02 ENVIRONMENTAL EFFECTS 6.02.01 Pollution and Ecological Disruption The potential effects on water quality, water and land vegetation, water life and other wild life (including, for example, spawning areas, migration and .circulation habits, natural habitats, and feeding), soil quality and all . other environmental aspects must be considered in the design plans for any activity or facility which may have detrimental effects on the environment. 6.02.02 Burden on Applicant Applicants for.permits must explain the methods that will be used,to abate), avoid or otherwise control the harmful effects. 6.02.03 Erosion Erosion_is to be controlled through the use of vegetation rather than structural means where feasible. 6.02.04 Geology Important geological factors - such as possible slide areas - on a site must be considered. Whatever activity is planned under the application for the development permit must be safe and appropriate in view of the geological factors prevailing. 6.03 USE COMPATIBILITY AND AESTHETIC EFFECTS 6.03.01 The potential impact of any of the following on adjacent, nearby, and possibly distant land and shoreline users shall be considered in the design plans and efforts made to avoid or minimize detrimental aspects: A. View Obstruction: Buildings, smokestacks, machinery, fences, piers, poles, wires, signs, lights, and other structures. B. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities. C. Design Theme: Architectural styles, exterior designs, landscaping patterns and other aspects of the overall design of a site shall be a uniform or coordinated design, planned for the purpose of visual enhancement as well as for',serving a useful purpose. 11/6/97 28 D. Visually Unpleasant Areas: Landscaped screening shall be used to hide from public view any area that may impinge upon the visual quality of a site, for example, disposal bins, storage yards, and outdoor work areas. E. Outdoor Activities: Work areas, storage, and other activities on a site in a residential area shall be in enclosed buildings, as is reasonably possible, to reduce distractions and other effects on surrounding areas. Outdoor activities of commercial and industrial operations shall be limited to those necessary for the operation of the enterprise. Outdoor areas shall not be used for storage of more than minimal amounts of equipment, parts, materials,products, or other objects. 6.,04 PUBLIC ACCESS 6.,04.01 ,-Where possible, space and right-of-way shall be left available on the immediate shoreline so that trails, non-motorized bike .paths, and/or other means of, public use may be ;; developed providing greater shoreline utilization. 6.04.7 Any trail system shall be designed to avoid conflict with private residential property rights. I 6.04.03 No property shall be acquired for public use without just compensation to the owner. 6.05 FACILITY ARRANGEMENT- SHORELINE ORIENTATION 6.05.01 Where_feasible, ,shoreline developments shall locate=minimize and cluster, the water- - '1 . :. .. ..-dependent,-water-related and water-eniovment portions-of.their°developments along the .shoreline and place inland-all other facilities whinh r!n nn} renuire a wa}er-s erine•Inn. }inn inland. 6.06 LANDSCAPING 6.06.01 General The natural and proposed landscaping should be representative of the indigenous character of the specific types of waterway (stream, lake edge, marshland) and shall be compatible with the Northwest image. The scenic, aesthetic, and ecological qualities of i natural and developed shorelines should be recognized and preserved as valuable resources. 6.,07 UNIQUE AND_FRAGILE AREAS Unique features and wildlife habitats should be preserved and incorporated into the site. Fragile areas shall be protected from development and encroachment. 111/6/97 29 i� II i ' II SECTION 7. SPECIFIC USE REGULATIONS 7.01 AIRPORT- SEAPLANE BASES 7.01.01 Location A. Airports: A new airport shall not be allowed to locate within the shoreline. However, an airport already located within a shoreline shall be permitted to upgrade and expand its facilities provided such upgrading and expansion would not have a detrimental effect on the shoreline. B. Seaplane Bases: 1. Private: A single private seaplane is permitted per residence. 2.. Commercial: New commercial seaplane bases may be'allowed in industrial areas provided such bases are not contiguous to residential areas. i 7.01.02 Facilities A. Airports 1. Future hangars should be set back a minimum of twenty feet from the waters--edge--ordinary high water mark of the shoreline and shall be designed and spaced to allow viewing..of:airport_activities from the area along the waters edge. 2. • Tie-down areas should_be no closer than twenty (20) feet from.the waters cdge ordinary high water mark of the shoreline for aircraft. B. Seaplane Bases (Commercial) 1. . Docks for the mooring of seaplanes are.permitted. Seaplanes may be stored on the dock or.ramps. 2. Tie down areas may be provided on seaplane ramps. 7.011,1.03 Landscaping A. Landscaping shall be required around parking areas in accordance, with City ordinances. B. The landscaping shall be compatible with the activities and characteristics of aircraft in that it should be wind resistant, low profile, and able to survive under adverse conditions. 7.01.04 Services Services or aircraft shall conform to FAA standards, which include fuel, oil spill clean-up, safety and fire fighting equipment, and vehicle and pedestrian separation. 7.02 AQUACULTURE 7.02.01 Location A. Aquaculture operations may be located on streams and rivers, EXCEPT„in Natural and Conservancy environments {WAC 173 16 060(2)1, and along urban areas developed with residential uses. 11/697 30 7.02.02 Time Facilities shall be allowed on a temporary basis only. 7.02.03 Design and Construction A. All structures over or in the water shall meet the following restrictions: 1. They shall be securely fastened to the shore. 2. They shall be designed for a minimum of interference with ,the natural systems of the waterway including, for example, water flow and quality, fish circulation, and aquatic plant life. 3...: They should not prohibitor restrict other human uses of the water, such as swimming and/or boating. 4. They shall be set back appropriate distances from other shoreline uses, if potential conflicts exist. I I 7.03 BOAT-LAUNCHING RAMPS 7.03.01 Site Appropriateness and Characteristics A. Water and Shore Characteristics 1. Water depth should be deep enough off the shore to allow use by boats. 2. . Water currents and movement and normal wave action shall be 'suitable for ramp activity. B. Topography: The proposed area should not present major . geological or topographical obstacles to construction or operation of the ramp. Site adaptation such as dredging shall be minimized. 7.03.02 Dimensions and Location The ramp should be designed so as to allow for ease of access to the water with minimal impact on the shoreline and water surface. 7.03.03 Surface and Construction A. Surface Materials: The surface of the ramp may be concrete, precast concrete, or other hard permanent substance. Loose materials, such as gravel or cinders, will not be used. The material chosen shall be appropriate considering the following conditions: 1. Soil characteristics 2. Erosion 3. Water currents 4. Waterfront conditions 5. Usage of the ramp B. The material shall be permanent and non-contaminating to the water. 11/6/97 31 I I I � 7.03.04 Review Engineering design and site location approval shall be obtained from the appropriate City department. 7.04 BULKHEADS 7.04.01 General All bulkheads are subject to the regulations set forth in this Master Program, 'except that bulkheads common to a single family residence are,exempted from the permit system set forth in this Master.Program and building code. 7.04.02 Bulkhead Permitted A bulkhead may be permitted only when: A. Required to protect upland areas or facilities. B. Riprap cannot provide the necessary protection. C. The bulkhead design has been engineered by..an::appropriately State licensed professional engineer, and the design has. been ..approved by •the Renton Department of Public Works. 7:04.03 Bulkhead and Fill A bulkhead for the purpose of creating land by filling behind the bulkhead shall be 'permitted only when the landfill has been approved. The application for a bulkhead shall be included in the application for the landfill in this case. (See Section 7.08.01, Landfills) 7.04.04 General Design Requirements A. The burden rests upon the applicant for the permit to propose a specific type of bulkhead design which has been engineered by an appropriately State licensed professional engineer. B. All approved bulkheads are to be constructed in such a manner as ;to minimize damage to fish and shell fish habitat. In evaluating the application for;a proposed bulkhead, the Building and Zoning Department and the Policy ^evelopent Department Development Services Division are a-shall consider the effectm of the bulkheads on public access to publicly owned shorelines. Where possible, bulkheads are to be designed so as not to detract from the aesthetic qualities of the shoreline. I; 1 C. Bulkheads are to be constructed in such a manner as to minimize alterations of the natural shoreline and to minimize adverse effects on nearby beaches. D. In cases where bulkheading is permitted, scientific information suggests a rock riprap design is preferred. The cracks and openings in such a structure afford suitable habitats for certain forms of aquatic life. If there is determined to be a severe rate population, consideration must be given to construction of a solid bulkhead to eliminate cracks and openings typical to a riprap structure. 11/6/97 32 7.05 COMMERCIAL DEVELOPMENTS 7.05.01 Location of Developments A. New commercial developments are to be encouraged to locate in those areas where current commercial uses exist. B. ' New commercial developments on Lake Washington which are neither water dependent, nor water related, nor water enjoyment, nor which do not provide significant public access to and along the water's edge will not:be permitted upon the.shoreline. C.- Commercial developments should incorporate recreational°opportunities,along the shoreline for the general public. I I D. The applicant for a shoreline development permit for a new commercial development must indicate in his application the effect which the proposed commercial development will have upon the scenic view prevailing in;the given area. Specifically, the applicant must state in his permit what steps have been taken in the design of the proposed commercial development to reduce to a minimum interference with the scenic view enjoyed by'any significant-number of people in the area. 7.05.02 Setback A commercial building should be located no closer than fifty (50) feet to the water's edge ordinary high water mark; however, the Land Use Hearing Examiner may reduce this requirement through the variance process for good reason for those'structures'that allow public access to and along the water's edge. 7.06 DREDGING 7.06.01 Definition The removal of earth or sediment from the bottom or banks of a body of water. 7.06.02 Permitted Dredging Dredging is to be permitted only when: A. Dredging is necessary for flood control purposes, if a definite flood hazard would exist unless dredging were permitted. B. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life or recreational areas. C. Dredging is necessary to obtain additional water area so as to decrease the intrusion into the lake of a public, private or marina dock. This type of dredging may only be allowed if the following conditions are met: 1. The water of the dredged area shall not be stagnant or polluted. 2. The water of the dredged area shall be capable of supporting aquatic life. 11/6/97 33 1 D. Dredging may be permitted where necessary for the development and maintenance of public shoreline parks and of private shorelines to which;the public is provided access. Dredging may be permitted where additional public access is provided and/or where there is anticipated to be a significant improvement to fish or wildlife habitat, provided there is no net reduction upon the surface,waters of the lake. E. Dredging may be permitted to maintain water depth and navigability. F. Dredging is performed pursuant to a remedial action plan .approved under authority of the Model Toxics Control Act, or pursuant to other authorization by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with iurisdiction. 7.06.03 Prohibited Dredging A. Dredging is prohibited in unique or fragile areas (see Section 9.3346),lexcept for the purposes identified in Subparagraph .02 where appropriate Federal and/or State authorization has been received, and any required environmental review and mitigation is conducted. B. Dredging solely for the purpose of obtaining fill or construction 'material, which dredging is not directly related to those purposes permitted in Subparagraph .02 above, is prohibited. 7.06.04 Regulations on Permitted Dredging A. All proposed dredging operations shall be planned by an :appropriate State licensed professional engineer. An approved engineering report shall be submitted to the Renton Development Services Division as part of the application for a shoreline permit. B. The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredging operation. C. The responsibility further rests with the applicant to demonstrate that there will be a minimal adverse effect on aquatic life and/or on recreational areas. 1 D. The timing of any dredging operation shall be planned so that it has minimal impact or interference with fish migration. E. Adjacent bank protection: 1. When dredging bottom material of a body of water, the banks shall not be disturbed unless absolutely necessary. The responsibility rests with the applicant to propose and carry out practices to protect the banks. 2. If it is absolutely necessary to disturb the adjacent banks for access to the dredging area, the responsibility rests with the applicant to propose and carry out a method of restoration of the disturbed area to a condition minimizing erosion and siltation. F. Adjacent properties: 1. The responsibility rests with the applicant to demonstrate a,method of eliminating or preventing conditions that may: 11/6/9, 34 a. Create a nuisance to the public or nearby activity. b. Damage property in or near the area. c. Cause substantial adverse effect to plant, animal, aquatic;or human life in or near the area. d. Endanger public safety in or near the area. G. The applicant shall demonstrate a method to control contamination and pollution to water, air, and ground. H. Disposal of dredged material: I 1. The applicant shall demonstrate a method of, disposing of:all dredged material. 2. _ Dredged material shall not be deposited in a lake or stream, except if the material is approved as part of a contamination remediation project approved by appropriate State and/or Federal agencies. 3. In no instance shall dredged material be stockpiled in a wetland;shoreland area. 4. If the dredged material is contaminant or pollutant in nature, the applicant shall . propose and carry out a method of disposal that i does not contaminate or pollute water, air, or ground. 7.07 INDUSTRIAL DEVELOPMENT 7.07.01 Industrial developments are to be permitted only when: A. --They are water-dependent, water related or they provide reasonable public access to and along the waters edge. New industrial developments on Lake Washington which. are neither water-dependent, nor water-related shall provide significant public access; and, • B. They minimize and cluster those water-dependent and water-related portions of their development along the shoreline and place inland all facilities which are not water dependent; and, C. Any over-water portion is water dependent, is limited to the smallest reasonable dimensions, and is approved by the Land Use Hearing Examiner; and, D. They are designed in such manner as to enhance the scenic view; and, E. It has been demonstrated in the permit application that a capability exists to contain and clean up spills or discharges of pollutants associated with the industrial development. 7.07.02 Industrial structures should be permitted where they set back 25 feet from the-waters edge ordinary high water mark. 7.08 LANDFILL 7.08.01 Landfills shall be permitted in the following cases: A. For detached single family residential uses, when the property is located between two (2) existing bulkheads, the property may be filled to the line of I conformity provided the fill does not exceed one hundred twenty-five (125) feet in length ' I 11/6/97 35 1 � along the Ovate s-edge-ordinary high water mark and thirty-five (35) feet into the water, and provided the provisions of Section 8.02.02 through 8.02.05 are satisfactorily met; or, B. When a bulkhead is built to protect the existing perimeter land, a landfill shall be approved to bring the contour up to the desired grade; or, C. When in a public use area, landfill would be advantageous to the general public; or, D. .:When repairs or modifications are required for existing bulkheads and fills; or, E. 'When landfill is required for flood control purposes; or, F. •When landfill is part of a remedial action plan approved by the Department of Ecology pursuant to the Model Toxics Control Act, or otherwise authorized by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction. FG. Justification for landfill for any other purpose than those listed in subsections A :through €—F above will be allowed only with prior approval'..of. the Land Use Hearing Examiner. 7.09 MARINAS 7.09.01 Marinas shall be permitted only when: A. ' :-Adequate:on-site parking is available commensurate:with the moorage facilities • provided. (See 7.09.02(F) below) B. Adequate water area is available commensurate with the actual moorage facilities provided. C. The location of the moorage facilities is convenient to public roads. 7.09.02 Design Requirements A. Marinas are to be designed in the manner that will minimize adverse, effects on fish and shell fish resources and be aesthetically compatible with adjacent areas. B. Marinas utilized to overnight and long-term moorage are not to be located in shallow-water embayments with poor flushing action. C. Applications for permits for marina construction are to be evaluated for,compliance with standards promulgated by federal, state, and local agencies. D. Marinas and other commercial boating activities are to be equipped with receptacles to receive and adequately dispose of sewage, waste, rubbish, and litter from patrons' boats. i I E. Applications for development permits for the construction of marinas must affirmatively indicate that the marina will be equipped to contain and clean up any spills or discharges of pollutants associated with boating activities. 11/6/9,7 36 F. 1. Parking should be provided in accordance with the following ratio: private and public marinas: 2 per 3 slips; private marina associated with(residential complex: 1 per 3 slips. 2. Special designated loading areas should be provided near piers in the amount of one (1) parking space per twenty-five (25) slips; all other parking areas are to be located one hundred (100) feet from the wotor's edge ordinary high water mark. 7.09.03 Location of Marinas A. Marinas shall be permitted only upon Lake Washington: :: Marinas :must provide adequate access,'parking,.and surface water area in relation .to the number of moorage spaces provided. 7.10 MINING 7.110.01 All mining, including surface mining, shall be prohibited. 7.1'0.02 Surface mining shall mean all or any part of the process involved in extraction of minerals by_removing..:the .overburden and mining directly :from, they'mineral deposits thereby exposed, including open pit mining of minerals naturally exposed at the surface of the.. ,.earth, mining by the auger method, and production of surface mining.refuse.: The surface mining shall not include reasonable excavation or grading conducted for farming; on-site road construction, or on-site building construction. 7.11 PARKING 1 7.1:1.01 Public Parking A. In order to encourage public use of the shoreline, public parking is to be provided at frequent locations. B. Public parking facilities should be discouraged along the water's edge. C. Public parking facilities are to be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view., I 7.1'1.02 Private Parking A. Private parking facilities are to be located away from the water's edge where possible. 7.12 PIERS AND DOCKS 7.12.01 Purpose: A. Piers and docks shall be designed to minimize interference with the public use of the water surface and shoreline. B. The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. 11/6/97 37 C. The expansion of existing piers and docks is encouraged over the construction of new facilities. D. Establish approval and design criteria. 7.12.02 Allowable Construction A. . .Permits for the following construction of piers or docks will be allowed: 1. Piers and docks which provide for public recreational access,and use or marinas. 2. Community piers and docks in new major waterfront subdivisions. 3. Piers and docks which-are constructed for private joint use.by two or more waterfront property owners. 4. - Private single family residence piers and docks. 5. - Community piers and docks for multi-family residences. including apartments, condominiums or similar developments. 5:6. Water-dependent commercial and industrial uses. B. The responsibility rests upon the applicant to affirmatively demonstrate the need .for the proposed pier or dock in his application for a permit. 7.12.03 Criteria for Approval of Docks and Piers The approval of a new dock or pier or a modification or extension of.an'existing dock or • pier shall include a finding that the following criteria have been met: . A. - The dock or pier length does not extend beyond a length necessary to provide reasonable and safe moorage. B. The dock or pier does not interfere with the public use and enjoyment of the water nor create a hazard to navigation. C. The dock or pier will not result in the unreasonable interference with the use of adjacent docks and/or piers; and D. The dock or pier must comply with the design criteria specified in the following sections. 7..12.04 Design Criteria - General A. Pier Type 1. All piers and docks shall be built of open pile construction except that floating docks may be permitted where there is no danger of significant damage to an ecosystem, where scenic values are high, and where one or more of the following conditions exist: a. Extreme water depth, beyond the range of normal length piling. b. A soft bottom condition, providing little support for piling. c. Ledge rock bottom that renders it not feasible to install piling. B. All piers and docks shall be constructed and maintained in a safe, and sound condition. 11/6/97 38 I ' C. Applicants for the new construction or extension of piers and docks on the repair and maintenance of existing docks, shall use materials and methods which prevent toxic materials, petrochemicals and other pollutants from entering surface water during and after construction. D. No fees or other compensation may be charged for use by nonresidents of piers or docks accessory to residences. 7.1,'2.05 Design Criteria for Single-Family Docks and Piers A. '. _ There shall be no more than one pier per developed waterfront lot or ownership. B. Dock Size Specifications 1. The following dock specifications shall be allowed: a. -.The dock may extend to a maximum of eighty (80):feet beyond the ordinary high-water line into the water or until a depth of twelve (12) feet below the mean low water mark, whichever is reached first. However, in no case shall a dock of less than fifty (50) feet in length be required. b. The maximum width of a dock shall be eight(8) feet. c. No portion of a pier or dock for the sole use of 'a private, single- family residence may lie closer than five (5) .-feet to'an adjacent property line. d. One extension of a dock parallel to the shoreline or one (1) float may be allowed..provided such extension is not located closer that five (5) feet from a side lot line or exceed one hundred (100) square feet in size. C. Joint Use Piers and Docks 1. A Joint use dock may be constructed for two (2) contiguous waterfront properties and may be located on a side property line or straddling a side property line, common to both properties. 2. A joint use ownership agreement or covenant shall be prepared with the appropriate signatures of the property owners in question and recorded with the King County Assessor's Office. A copy of the recorded agreement shall be provided to the City. Such document should specify ownership rights and maintenance provisions. 3. Dock Size Specifications a. Joint use docks and piers may extend to eighty (80) feet beyond the ordinary high-water mark or to a depth of twelve (12) feet, whichever is reached first. b. Joint use docks and piers may not exceed a maximum width of twelve (12) feet. 11/6/97 39 I i c. Joint use docks and piers may be allowed one (1) pier extension or float a maximum of one hundred fifty (150) square feet in size for each owner. D. Requests for greater dock length may only be submitted as specified below under Section 7.12.09 once an individual has failed to work with an adjacent property owner in establishing a joint use dock. 7.12.06 Design Criteria for Multi-Family Residence Docks A. Resident Moorage 1. Moorage: at the docks shall be limited to residents or owner of the subdivision, apartments, condominiums or similar developments for which the dock was built. B. Maximum Number of Berthing Spaces 1. The ratio of moorage berths to residential units shall be one (1) berth for every two (2) dwelling units. C. Length of Multiple-Family Pier or Dock 1. Multiple-family piers and docks shall not;exceed'a,.length of one hundred eighty (180) feet into the water beyond the ordinary high-water mark, except as may be allowed under Section.7.12.10 .of this section of the Master Program. 7.12.07 Design Criteria for Recreational, Commercial and Industrial Docks A. The following dock specifications shall be allowed: 1. Unless otherwise_ determined or, directed by any State agency having jurisdiction th-giver, the dock may extend into the water one hundred fifty (150) feet; if the depth of thirty (30) feet is not reached, the dock may be extended until a depth of thirty (30) feet is reached, provided the dock does not exceed two hundred fifty (250) feet; and in the case of a marina adjacent to a designated harbor area, docks and associated breakwaters may extend to the greater of (a) the distance determined pursuant to the foregoing criteria, (b) the inner harbor line, or (c) such point beyond the inner harbor line as is allowed by the terms of a lease, license or other formal authorization approved by the Washington State Department of Natural Resources or other agency with jurisdiction. 2. The maximum width shall be twelve (12) feet. B. Docks shall be placed no closer than thirty (30) feet to a side property line. C. Docks or piers which are associated or linked with City trails shall be no greater than necessary to serve the intended purpose and will be determined] by the City on a case-by-case basis. 7..12.08 Use of Buoys and Floats A. Where feasible, the use of buoys and floats for moorage, as permitted below under B of this Section, may be allowed as an alternative to the construction of piers and docks. Such buoys and floats are to be placed as close to shore as 11/6/97 40 possible. in order to minimize hazards to navigation, including reflectors for nighttime visibility. In no case shall a buoy be located further from the shoreline than the allowable length for docks. B. Floats shall be allowed under the following conditions: 1. Floats shall be anchored to allow clear passage on all sides by small watercraft. 2. Floats shall not exceed a maximum of one hundred (100),square feet in size. A float proposed for joint use between adjacent property owners may not exceed one hundred fifty square feet per residence. 3. A single-family residence may only have one (1) float. 4. Floats shall not exceed a length of fifty (50) feet into:the water beyond the ordinary high water mark, except public recreation floats. 7.12.059 Variance to Dock and Pier Dimensions Requests for greater dock and .pier dimensions than those specified above may be submitted as variance applications to the City's Land:Use:Hearing:Examiner.: Any greater dimension than those listed above may be allowed by.the,.Land.Use-Hearing Examiner for good reason, which shall include,.but is not limited to, conditions:requiring greater dock dimensions. The Examiner, in approving a variance.request,shall include a'finding that a variance request compiles with: A. The criteria listed in Section 7.12.03 when approving such requests; and B. The criteria specified in Section 8.02 of the Master Program. 7.13 RECREATION 7.13.01 Definition: The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife. 7.13.02 Public Recreation Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: A. Accessibility to the water's edge is provided consistent with public safety needs and in consideration of natural features; and B. Recreational development shall be of such variety as to satisfy the'diversity of demands of the local community; and C. Just compensation is provided to the owner for property acquired for the public use; and 11/6/97 41 i i D. It is designed to avoid conflicts with owner's legal property rights and create minimum detrimental impact on the adjoining property; and E. It provides parking spaces to handle the designed public use, and it will be designed to have a minimum impact on the environment. 7.13.03 Private Recreation Private recreational uses open to the public shall be permitted only when the following standards are met: A. There is reasonable public access to and-the recreational uses, including access along the water's edge if nccccsary to havo accecs to cuch uccc where appropriate. In the case of Lake Washington, significant public access shall be provided; and B. The primary-preposed-fasility-is-water-dependentand • OB. The proposed facility will have no significant::.detrimental effects :on adjacent parcels; and EC. •. Adequate, screened, and landscaped parking facilities.that.are separated from pedestrian paths are provided. 7.14 RESIDENTIAL DEVELOPMENT 7.14.01 Residential developments shall be allowed only when: A. Adequate public utilities are available; and B. Residential structures are set back inland from the w►ator's edge ordinary high water mark a minimum of twenty five (2A 25) feet, or consistent with setback provisions of the Renton Municipal Code, whichever provides the greater setback; and C. Density shall'not increase beyond the zoning density outlined in the Renton Urban Area Comprehensive Plan and Zoning Code. D. New residential developments shall be encouraged to provide public access. Unless deemed inappropriate due to health, safety or environmental concerns, new multi-family, condominium, planned unit developments, and subdivisions except short plats, shall provide public access along the water's edge;,in the case of Lake Washington, significant public access shall be provided. I � 11/6/97 42 I 7.14.02 No-fFloating residences areprohibited. 7.15 ROADS AND RAILROADS 7.15.01 Location r r r from shorelands except in indr strial areas• in order that shorelanrd roads magi be r r . � I 7.15.02 Design Requirements A. Shoreline roadways should be scenic boulevards and are to be existing-rights-of-way-where possible. B. - Roadways located in wetland-shoreland areas should.be-limited'and designed and maintained to prevent soil erosion and to permit natural movement of ground water. C. All debris and other waste materials from construction are to be disposed of in such a way as to prevent their entry by erosion into any water body. D. Road locations are to be planned to fit the topography, where possible, in order that minimum alteration of existing natural conditions will be necessary.' 7.16 STREAM ALTERATION 1 7.16.01 Definition: Stream alteration is the relocation or change in the flow of a river, stream or creek. A river, stream or creek is surface water runoff flowing in a natural or modified channel. 7.16.02 Permitted Stream Alteration A. Unless otherwise prohibited by subsection 7.16.03, stream alteration may be allowed subject to the regulations in subsection 7.16.04. B. Stream alteration may be permitted if it is part of a public flood hazard reduction/habitat enhancement project approved by appropriate State and/or Federal agencies. 7`16.0203 Prohibited Stream Alteration A. Stream alteration is prohibited in unique and fragile areas, except if the stream alteration is part of a public flood hazard reduction/habitat enhancement proiect approved by appropriate State and/or Federal agencies. B. Stream alteration solely for the purpose of enlarging the developable;portion of a parcel of land or increasing the economic potential of a parcel, of land is prohibited. C. Stream alteration is prohibited if it would be significantly detrimental to adjacent parcels. 11/6/97 43 7.16.0304 Regulations on Stream Alteration I A. All proposed stream alterations shall be designed by an appropriately State licensed professional engineer. The design shall be submitted to the Building-and Development Services Division as part of the application. B. The responsibility rests solely with the applicant to demonstrate the .necessity of the proposal. C. The timing and the methods employed will have minimal adverse effects on aquatic life. D. Pollution is to be minimized during and after construction. E. The project must be designed so that the .low flow :is . maintained and the escapement of fish at low water is possible. F. No permanent over-water cover or structure shall be allowed unless it is in the public interest. 7.'17 TRAILS 7.17.01 Definition: For the purposes of the Shoreline Master Program, trails are a non-motorized transportation route designed primarily for pedestrians and bicyclists. 7.17.02 Permitted Uses Trail uses shall be permitted within the shoreline, when the following standards are met: A. Provisions for maintenance operation and emergency access have been provided. B. They link water access points along the shoreline, or they link water access points along the shoreline with upland community facilities. C. They are designed to avoid conflict with private property rights and to create the minimum objectionable impact on adjacent property owners. D. Just compensation is provided to the owner for property to be acquired by the public. E. They insure the rights and privacy of the adjoining property owners. i F. Over-water structures required by the trails are determined to be in the public interest. G. They are designed with a surface material which will carry the actual user loads and will have a minimum impact on the environment. 1'1/6/97 44 7.18 UTILITIES 7.1:8.01 Landscaping A. Native Vegetation 1. The native vegetation shall be maintained whenever possible. 2. When utility projects are completed in the water or wetlandshoreland, the disturbed area shall be restored and landscaped as nearly as possible to the original condition, unless new landscaping is_determined to be more desirable. B. All vegetation and .screening shall be hardy .enough .to withstand the travel of service trucks and similar traffic in areas where such-activity occurs. C. Site Screening of Public Utilities: When a public utility building, telephone_exchange,:sewage pumping operation or a public utility is built in the shoreline area, the requirements of this Master Program shall be met and the following screening requirements shall ,be met. If the requirements of Section 7.198.01A, Native Vegetation, and the requirements of this section are in disagreement, the requirements of this section shall take precedence. 1. If the installation is housed in a building, .the. building shall conform architecturally with the surrounding buildings and area or with the type of building that will develop due to the zoning district. 2. An unhoused installation on the ground or a housed installation that does not conform with 1. above, shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier within five (5) years. 3. -An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed with an eight (8) foot high open • wire fence. Such installations shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier except at entrance gate(s), within five (5) years. 7.18.02 Special Considerations for Pipelines Installation and operation of pipelines shall protect the natural conditions of adjacent water courses and shorelines. A. Water quality is not to be degraded to the detriment of marine life nor shall water quality standards be violated. B. Native soils shall be protected from erosion and natural conditions restored. Water course banks and bottoms shall be protected, where necessary, with suitable surface treatment. C. Petro-chemical or toxic material pipelines shall have automatically controlled shutoff valves at each side of the water crossing. 11/6/97 45 D. All petro-chemical or toxic material pipelines shall be constructed in accordance with the regulations of the Washington State Transportation Commission and subject to review by the City Public Works Department. 7.1'8.03 Maior Utilities- Specifications A. Electrical Installations 1. Overhead High Voltage Power Lines a. Joint use docks and piers may extend to eighty (80) feet beyond the ordinary high-water mark or to a depth of twelve' (12) feet, whichever is reached first. b. Structure of overhead power lines should be single-pole type or other aesthetically compatible design. 2. - Electrical Distribution Substations: - Electrical distribution substations shall be at a wetland--shoreland location only when.the applicant proves there exists no other site out of the wet„` l nd shoreland area and when the screening requirements of Section 7.108.01C are met. B. • Communications: This section applies to telephone exchanges including radar transmission installations, receiving antennas for cable television and/or radio, and any other -facility for the transmission of communication I systems. Communications installations may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and-water area and when the screening requirements of Section 7.198.01C are met. In an aesthetic interest, such installations shall be located as far as possible from residential, recreational, and commercial activities. C. Pipeline Utilities: All pipeline utilities shall be underground. When underground projects are completed on the bank of a water body or in the wetland or a shoreline, the disturbed area shall be restored to the original configuration. Underground utility installations shall be permitted only when the finished installation shall not impair the appearance of such areas. D. Public Access: All utility companies shall be asked to provide pedestrian public access to utility owned shorelines when such areas are not potentially hazardous to the public. Where utility rights-of-way are located near recreational or public use areas, utility companies shall be encouraged to provide said rights-of-way as parking or other public use areas for the adjacent public use area. E. All-inclusive Utility Corridor: When it is necessary for more than one (1) major utility to go along the same general route, the common use of a single utility right- of-way is strongly encouraged. It would be desirable to include railroad lines within this right-of-way also. 7.18.04 Local Service Utilities, Specifications A. Waterlines: ,Sizes and specifications shall be determined by the Public Works Department in accordance with American Water Works Association (AWWA) guidelines. B. Sanitary Sewer: The existence or use of outhouses or privies is prohibited. All uses shall hook to the municipal sewer system. There shall be no septic tanks or 11/6/97 46 other on-site sewage disposal systems. Storm drainage and pollutant drainage shall not enter the sanitary sewer system. During construction phases, commercial sanitary chemical toilets may be allowed only until proper; plumbing facilities are completed. All sanitary sewer pipe sizes and materials shall be approved by the Renton Public Works Department and METRO. C. Storm Sewers: A storm sewer drainage system,shall be required. Pre-treatment of. storm run-off or diversion to sanitary sewers may be required to keep deleterious substances out of neighboring water courses. Storm sewer sizes and specifications shall be determined by the'Public Works.Department in accordance with A.P.W.A. guidelines. D. Discharges of Pollutants and Petroleum Products 1. Discharges of pollutants into water courses and;ground water shall be subject to the Department of Ecology, :,Corps of .Engineers, and the Environmental Protection Agency for review of permits for discharge. 2. Oil Separations: These units shall be required at sites that have oil waste disposal into sanitary or storm sewer. These units shall be built to Municipality of Metropolitan Seattle (METRO) or State of Washington Department of Public Health specifications. 3. Petroleum Bulk Storage and Distribution: :;Petroleum;...facilities shall hereafter not be allowed. 7.18.05 All-inclusive Utility Tunnels For the distribution of local utilities, utility tunnels under"the street right-Of-way are recommended to carry all local utility services. For new development, the tunnel could be built at the time of road construction. The tunnel would include,all:.utility services, both public and private, necessary for use in the public right-of-way, such•as-'wirin,g for street lighting and water lines for fire hydrants and all utility services necessary for'the private uses of the area. � I i I f ' 11/6/97 47 i I SECTION 8. VARIANCES AND CONDITIONAL USES 8.01 VARIANCES AND CONDITIONAL USE PERMITS The Renton Land Use Hearing Examiner shall have authority to grant conditional use permits and variances in the administration of the Renton Master Program. The power to grant variances and conditional use permits should.be..utilized in a manner which, while protecting the environment, will assure that a person will be able to utilize his property in a fair and equitable manner. It shall be recognized that a lawful use at the time the Master Program is adopted is to be considered .a permitted . use, and maintenance and restoration shall not require:a variance or a conditional.use.permit. :Both variances and conditional use permits are forwarded to the Department of. Ecology and;the Attorney General's Office for approval or denial. 8.02 VARIANCES Upon proper application, a substantial development permit may be granted which is at variance with the criteria established in the Renton Master Program where, owing to special conditions pertaining to the specific piece of property, the literal interpretation and strict application of the criteria established in the Renton Master Program would cause undue and unnecessary hardship or practical difficulties. The fact that the applicant might make a greater profit by using his property in a<manner contrary to the intent of the Master Program is not, by itself, sufficient reason for..a:variance. The,Land Use Hearing Examiner must find each of the following: 8.02.0!1 Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof, that do .not apply generally to other.properties on _shorelines in the same vicinity. 8.02.02 The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. 8.02.03 The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. 8.�02.04 The variance granted will be in harmony with the general purpose and intent of this Master Program. i I 8.02.05 The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. 8.02.06 The proposal meets the variance criteria in WAC 173-27-170. 8.03 CONDITIONAL USE Upon proper application, a conditional use permit may be granted. The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. With provisions to control undesirable effects, the 11/6/97 48 scope of uses can be expanded to include many uses. Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit will be granted subject to each of the following conditions: 8.03.01 The use must be compatible with other permitted uses within that area. 8.0,3.02 The use will not interfere with the public use of public shorelines. 8.03.03 Design of the site will be compatible with the surroundings and the City's Master Program. - 8.03.04 The use shall be in harmony with the general purpose and intent of the City's Master i Program. 8.03.05 The use meets the conditional use criteria in WAC 173-27-160. 8.04 TIME LIMIT, PERMIT VALIDITY, AND APPEALS A. Conditional use permits and variances shall be filed with the State in accordance with RCW 90.58.140(6) and WAC 173-27-130. Conditional permits and variances shall be deemed to be approved within thirty:.(30)._calendar;.days-:from-the date of receipt by the Department of Ecology and the Attorney:General's office unless written communication is received by the..,applicant. and the .City, . indicating otherwise. B. Permit validity requirements of Section 2.06 shall apply to conditional use and variance permits. C. - Appeals of conditional use or variance permits shall be made in accordance with Section 2.09 of this Program. � I , I 11/6/97 49 SECTION 9. DEFINITIONS For the purpose of this Master Program, certain terms and their derivations shall be construed as specified in this section. Words in the singular include the plural and the plural, the singular. The words "shall" and "will" are mandatory; the word "may" is permissive. The word "should" is advisory. 9.01 ACT: The Shoreline Management Act of 1971, Chapter.90.58 RCW. 9.02 ACTIVITY: A happening associated with a use; the use of energytoward' a specific action or pursuit. Examples of shoreline activities include but are not limited to fishing, swimming, boating, dredging, fish spawning, wildlife nesting,.or discharging of materials. Not all activities necessarily require a shoreline location. 9.03 . AQUACULTURE: The culture or farming of aquatic animals'and plants. 9.04 BOAT LAUNCHING RAMP: A facility with an inclined surface extending into the water which allows launching of boats directly into the water from trailers. 9.05 BREAKWATER: A protective structure, usually built off-shore for the purpose of protecting the shoreline or harbor areas from wave action. 9.06. BUFFER: A parcel or strip of land that is designed and .designated to permanently remain vegetated in an undisturbed and natural condition to protect,an'`adjacent aquatic or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access. 9.067 . : , BUILDING: Any structure having a roof intended to be used for the shelter or enclosure of persons, plants, animals or property. 9.078 BULKHEAD: ^ wall or m tsed Y„ ebankmen u for holding bank earth A vertical wall �,� L VV constructed of rock, concrete, timber, sheet steel, gabions, or patent system materials. Rock bulkheads are often termed "vertical rock walls." Seawalls are similar toi bulkheads, but more robustly constructed. 9.089, BUOY: A floating object anchored in a lake, river, etc., to warn of rocks, shoals, etc., or used for boat moorage. 9.9910 CIRCULATION: Those means of transportation which carry passengers or goods to, from, over, or along a corridor. 9.4$11 CORRIDOR: A strip of land forming a passageway between two otherwise separate parts. 9.4412 DEVELOPMENT: A use consisting of the construction of exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading, driving of piling; placing of obstructions; or any other projects of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. 9.4213 DOCK: A fixed or floating platform extending from the shore over the water. 9:4314 DREDGING: The removal of earth from the bottom or banks of a body of water. 11/6/97 50 II 9.-415 ECONOMIC DEVELOPMENT: A development which provides a service,, produces a 1 good, retails a commodity, or engages in any other use or activity for the purpose of I. making financial gain. 1 9.4516 FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood waters. ' 9.1,7 FLOODWAY: For purposes of determining the jurisdiction of this Master.Program in ii coniunction with the definition of "shoreland" below, "floodwav" means those portions of 11 the area of a river valley lying streamward from the outer limits of a-watercourse upon I�_ which flood waters are carried during periods of flooding that occur with reasonable : ,A regularity,-although not necessarily annually, said floodwav being identified, under normal j� condition, by changes in surface soil conditions or changes in' types or!' quality of it vegetative ground cover condition. The floodwav shall not include those lands that can -_reasonably be expected to be protected flood watersbv.flood'control devices,maintained by or maintained under license from the Federal Government, the State, or a political subdivision of the State. 9.4618 FLOODPLAIN: The area subject to a 100-year flood. 1 9.4719 : .. HEARINGS BOARD:` The Shorelines Hearings Board established�by the Act.'I ' ' 9.4820 HIGH RISE: A structure exceeding seventy-five (75) feet in height. i • 9.4921 LANDFILL: Creation or maintenance of beach or creation of dry upland area by the !' --.deposit of sand, soil, gravel or other materials into shoreline areas. I, 9.2022 LICENSED ENGINEER: A professional engineer, licensed to:practice in:tie:State of ' i, Washington. 1 ' 9.ii 423 LOCAL SERVICE UTILITY: Public or private utilities normally servicing a neighborhood, i.e. telephone exchanges; sewer, both storm and sanitary; distribution lines, electrical less i; than 55 KV, telephone, cable TV; etc. 9. 24 MAJOR SERVICE UTILITY: Public or private utilities which provide services beyond the City's boundaries, i.e. pipelines, natural gas, water, sewer, petroleum; electrical I. transmission lines 55 KV or greater; and regional sewer or water treatment plants; etc. 9.2325 MARINA: A use providing moorage's for pleasure craft, which also may include boat I launching facilities, storage, sales, and other related services. 19.2426 MASTER PROGRAM: The comprehensive shoreline use plan for the City of,Renton and the use regulations, together with maps; diagrams, charts or other descriptive material and text, and a statement of desired goals and standards developed in accordance with i the policies enunciated in Section 2 of the Act. 'I 9. 527 MOORAGE: Any device or structure used to secure a vessel for temporary anchorage, 1' but which is not attached to the vessels. Examples of moorage are docks or buoys. 9i 28 MULTIPLE-USE: The combining of compatible uses within one development, of which the major use or activity is-water dependent water-oriented. All uses or activities other ii than the major one are directly related and necessary to the major use or activity. it � 1 11/6/97 51 ii ! I; 9.2729 ONE-HUNDRED YEAR FLOOD: The maximum flood expected to occur during a one- hundred (100) year period. 9.2830 OPEN SPACE: A land area allowing view, use or passage which is almost entirely unobstructed by buildings, paved areas, or other man-made structures. 9.311 ORDINARY HIGH WATER MARK: On lakes and streams, that mark found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil .a character distinct from that of the abutting upland, in respect to vegetation as that condition.exists on June 1, 1971, as it may naturally change thereafter, or as it may change in accordance with permits issued by the City or'State. .The following-criteria clarify this mark on lakes and streams: A. Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean high water. B. Streams. Where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression•withiri which the braiding occurs. 9.2932 PIER: A general term including docks and similar:structures;consisting:of. a,:fixed or floating platform extending from the shore over the water. 9.3833 : PLANNED UNIT DEVELOPMENT: Special contractual :agreement between the developer and a governmental body governing development of land. 9.31-34 -. .•PUBLIC ACCESS:.A.means of physical approach to and along the shoreline.available to the general public. This may also include visual approach. 9.3235 RECREATION: The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlife. 9.333 RESIDENTIAL USES: Developments where persons reside including but not limited to single-family dwellings, apartments, and condominiums. r! 9.37 SETBACK: A required open space, specified in the Shoreline Master Program measured horizontally upland from and perpendicular to the ordinary high water mark. 9.3439 SHORELINES:, All of the water areas of the State regulated by the City of Renton, II including reservoirs, and their associated wetiandsshorelands, together with the lands underlying them, except: A. Shorelines of state-wide significance. B. . Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less and the wetlands associated with such upstream segments. C. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. 11 11%6/9 52 I. ; I 9.3540' SHORELINES OF STATE-WIDE SIGNIFICANCE: Those shorelines described,in-Section 3 of the Act RCW 90.58.030(2)(e). 9.3641 SHORELINES OF THE CITY STATE: The total of all shorelines and "shorelines of state- wide significance"within-the-regulated by the City of Renton. 9.3742f STRUCTURE: A combination of materials constructed or erected on the ground or water or attached to something having a location on the ground or.water. 9.35431 SUBDIVISION: A parcel of land divided into two or more parcels. 9.3944 SUBSTANTIAL DEVELOPMENT: Any development of..which.the.total cost or fair market value exceeds two thousand five hundred (2,500) dollars, or any development which materially interferes with the normal public use of the water or shoreline of the State. Exemptions in RCW 90.58.030(3)(e).and in Section.2.03 of this Master Program are not considered substantial developments. 9.4045 SUBSTANTIAL DEVELOPMENT PERMIT: The Shoreline Management Substantial Development Permit provided for in Section 14 of the Shoreline Management Act of 1971, (RCW 90.58.140). 9.4446 UNIQUE AND FRAGILE AREAS: Those portions of the shoreline which (1)!'contain or substantially contribute to the maintenance of endangered or valuable formsr'of life and (2) have unstable or potentially hazardous topographic, geologic or hydrologic features (such as steep slopes, marshes). I 9.4217 WATER-DEPENDENT: Referring to uses to-activities which necessarily require a or portions of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include ship 1 cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and seweroutfalls. 9.48 , WATER-ENJOYMENT: Referring to a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enioyment of the shoreline for a substantial I number of I people as a general characteristic of the use and which through the location,!design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enioyment use, the use must be open to the general public and the shoreline oriented space within the project must be devoted to the ' specific aspects of the use that fosters shoreline enjoyment. Primary water-eniovment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to the shorelines of the state; and general water-enioyment uses may include, but are not limited to restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels and mixed-use commercial/office; provided that such uses conform to the above water-enioyment specifications and the provisions of'this Master ! Program. 9.431,9 WATER-ORIENTED OR WATER RELATED/NON-WATER-ORIENTED: Referring to ! , view-windows"Water-oriented" refers to any combination of water-dependent, water- 11/6/97 53 • I i I related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Shoreline Management Act. "Non-water oriented" (serves to I describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples of non-water- oriented uses include professional offices, automobile sales or repair shops, mini-storage facilities, multi-family residential development, department stores and gas stations: these uses may be considered water-oriented where there is significant public access'. 9.50 WATER-RELATED: Referring to a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because: 1 A. of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water, or B. the use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost, professional services serving primarily water-dependent activities and storage of water-transported foods. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. $3,449.38 WETLANDS OR WETLAND AREAS SHORELAND OR SHORELAND AREAS: Those lands extending landward for two hundred (200) feet in all directions, as measured on a horizontal plane from ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas, associated with streams, lakes and tidal waters which are subject to the provisions of the State Shorelines Management Act. For purposes of determining jurisdictional area, the boundary will be either two hundred (200) feet from the ordinary high water mark, or two hundred (200) feet from the floodway, whichever is greater. 9.51 1 WETLANDS. Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those ' wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. 11/6/97 54 4 I I ' APPENDIX A SPRINGBROOK CREEK SHORELINE BOUNDARY MAP I I I ' I i I � I H:\DIVISION.S\P&TS\PLANNING\LGRUETER\SHORELIN\SHOREAMD.DOC 111/6/97 55 I i • CITY OF RENTON • SHORELINE MASTER PROGRAM • , SPRINGBROOK CREEK , SHORELINE BOUNDARY MAP iiiii )11 r-- ri .:3/4,En E . _ _ Az7upviri 4111P \\ o SW 10 III 1 'SI °yOM 6.. ' a ' r� i�r0l% S Renton Y ' +� %® :��/- Sp"!ti SOW rt1ula: 11 u4 �'I‘ � SW 12th SL 111031L.. itt�� • 1'1 �`� �.0 itl 4.►..,.� I yi l.: 1 9{1 !i,' • V El we USA :N • F`,i G:,,„i i, • \ mown mire Euta.,! k { -. sw PM St W s«1smm�* .t 1'''r • pa,.i YT.}. • ;;,' II I I lik ,I t:ii;j' '+i;i;:r v IN , lsl_..ySt�' , —meE ' . I81 k;din I', /� 4v,Wig s \ \� V ' wry_id i4 'sw7.b'Jal'S I �S 23ry M. o • :11° 'I,,; , I ;ii. Tl�l!1:,111 NM' 4.. i --- LLfi ►d /• • _ ` SW z7t St Fi l _iI ' e.�' .�sii:aNr:". il,"'�'4i' 11'�"1 .x i•11\ )cl ;'i.• 'L±::�ni;ir:rrrt,:r ;-I'rti ii :Pill'iR;` LJiic y. irpr::,,. (; n mLE f _.1 • ;' rC#" �. -" I. "i U ;'i{L. p.;4�;# ;iC�;:9F;.k '`., lP ;,AiT,if.i;i'.!t�::ld,'k,�ti;:r`*= •':%" Y4 :=.r.' :a.! '1 111;!1.Zig::1;Ii"1 rilIirlf4r1,411:1, 1$11*---".-- 0 ri. ,, w I „., ,,,,i,„:, ,,:, ;i 4.T,f u.. .. =-WIJ4lh Sto �;;'N 4lh.l 167:::.; 's 1�`:re ,I,I.r •apt • �... I� I ''� �� I7 • 4,...,•Deii.- 1, c-77.,%-jil 1/11;-t i nal irt ..1,a - ,.,....,1.2.4. z1 �' 'i i SW 3glh Sl t4 1NQ ``" SSW 41st St. 7 ',f I - . rIN" i ;.••.. f',a — 1 p is�..,!. • J-�QIj �, 43rd SI. SW 43rd St. t� �'l ��1511 r / �3!az7'rrair .7ry/ ; I I �� L S 182nd01N\ ??Al n nn r I r, i O 451161 I u I S U Urban Environment • ce F PLANNING/BUILDING/PUBLIC WORKS 0 1000 2000 C Conservancy Environment Z RJeacOnle,D.Vlrnsaki,H.Dotson '' Wetlands N January 1994 �� " o 1.12000 ---- Shoreline Boundaryca — — City Limits • Note: This map depicts the approximate location of the Springbrook Creek shoreline boundary and associated wetlands noverned by the Renton , Shoreline Master Proaram Application of the Renton Shoreline Master Proaram to a property is determined on a site-specific basis by the I Development Services Division utilizinn the reaulations and definitions in the Proaram and any site-specific environmental analysis ,- : • I I1 April 13,11 1998 Renton City Council Minutes y. Page 130 - A two-week full closure of Benson Road for retaining wall construction. Local access to City Hall will be maintained from the north at all times. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3319 A resolution was read extending the moratorium on building permits, land use Building: Building permits and subdivision permits on property to be deannexed to the City of Moratorium Request Newcastle until October 13, 1998, or as earlier terminated a cording to the (Newcastle "Hook") terms herein, or as otherwise extended; property located in t e vicinity of Lake Washington Blvd. NE, NE 50th St. and SE 72nd Street. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COU CIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3320 A resolution was read approving the Renton Place Division I final plat; 11 Plat: Renton Place single family lots on 1.94 acres located in the vicinity of Ta bot Rd. S. and S. Division II, Final, Talbot 23rd Street. MOVED BY KEOLKER-WHEELER, SECON ED BY Rd S/S 23rd St, FP-98- CLAWSON, COUNCIL ADOPT THE RESOLUTION AS P ESENTED. 012 it CARRIED. Resolution #3321 A resolution was read authorizing the Mayor and City Cler to enter into an Publi' Works: interlocal agreement with King County and other nearby jurisdictions for cost Greed/Duwamish sharing in the feasibility phase of the Green/Duwamish watershed ecosystem Watershed Ecosystem restoration study. MOVED BY CLAWSON, SECONDED BY SCHLITZER, Restoration Study, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Interlocal Agreement (CAQ-98-) The following ordinance was presented for second and fina I reading: Ordinance #4716 An ordinance was read repealing Ordinance No. 4695 and adopting Planning: Shoreline Master amendments to the Shoreline Master Program. MOVED BX KEOLKER- Proc gr;am Amendments WHEELER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. NEW BUSINESS Councilman Clawson reported that the State recently appro1ed a new law Legal: Drug Paraphernalia making it an infraction to sell drug paraphernalia. He hoped that Renton will Sales(New State Law) enforce this ordinance with vigor when it takes effect. Tranportation: Allocation Councilmember Keolker-Wheeler announced that certain Metropolitan King of Proposed New Gas Tax County Councilmembers have expressed interest in encourai ing the suburban jurisdictions to contribute their share of a proposed $0.023 per gallon local option gas tax for "regional" projects. Renton's share could'amount to $500,000 annually. MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, THIS MATTER BE REFERRED TO THE TRANSPORTATION III COMMITTEE. CARRIED. Transportation: Sound Councilman Schlitzer requested that Council receive a presentation on the Transit (RTA) Alignment alignment alternatives put forth by Sound Transit (formerly known as the Projbosals Regional Transit Authority, or RTA). ili April 6, 1998 Renton City Council Minutes Page 120 • and SW Victoria Street. MOVED BY EDWARDS, SECONDE�,D, BY NELSON, C COUNCIL ADOPT THE RESOLUTION AS PRESENTED. ARRIED. Resolution #3318 A resolution was read approving the issuance of tax-exempt 'ariable rate EDNSP! Puget Sound demand industrial revenue bonds of the King County Economy is Enterprise Blood Bank & Program Corporation for the benefit of Puget Sound Blood Center and Program Tax-Exempt Bonds pursuant to RCW 39.84.060. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. )11 CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 4/13/98 for second and final reading: Planning: Shoreline Master An ordinance was read repealing Ordinance No. 4695 and adapting Progra Im Amendments ' amendments to the Shoreline Master Program. MOVED BY 4OLKER- II WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/13/98. ' CARRIED. i The following ordinances were presented for second and final reading: Ordinance #4714 An ordinance was read vacating the southerly one-third of ake Ave. S. Vacation: Lake Ave S extending south from S. 2nd to S. 3rd Streets (Safeway, Inc. VAC-95-001). (Sa.fewky/VAC-95-001) MOVED BY EDWARDS, SECONDED BY NELSON, COU CIL ADOPT THE ill ORDINANCE AS PRESENTED. ROLL CALL: ALL AYE . MOTION CARRIED. Ordinance #4715 An ordinance was read amending Chapter 31, Zoning Code, of Title IV EDNSP: CD Zone Changes (Building Regulations) of City Code relating to gas stations, (vehicle service, re Gas'Stations, Vehicle mini-marts, and related uses, adding or modifying definitions related to those Service etc. uses, adjusting land use allowances for those uses in commercial and industrial ii zones, and clarifying landscaping and screening requirements in the I commercial and industrial zones when abutting other described uses. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION • CARRIED. EXECUTIVE SESSION MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 60 MINUTES TO DISCUSS PROPERTY ACQUISITION. Time: 8:35 p.m. I The meeting was reconvened at 9:37 p.m.; roll was called; all Councilmembers present. ADJ URNMENT MOVED BY SCHLITZER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:38 p.m. il I.1111 MARILYN . P ERSEN, CMC, City Clerk III Recoifder: Brenda Fritsvold I 4/06/98 iIl • •8 • AFFIDAVIT OF PUBLICATION Charlotte Ann.Kassens, beingirsi t duly sworn on oath states that he/she is the Legal Clerk -- of-the-- - --- ---- - - SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent,Washington 98032 a daily newspaper published seven (7)times a week. Said newspaper is a legal O`�I�Tj�Y�OF R gral ,�`ewspaper,of general publication and is now and has been for more than six months 1 NOTIC oI=O•RDIN"ANCE ADOPTED BY _ nor to the date of publication, referred to, printed and published in the English language V RENTON CITY COUNCIL I Following is a summary of an ordinance continually as a daily newspaper in Kent, King County,Washington. The South County ;and resolution adopted by the Renton City ? Journal has been approved as a legal newspaper by order of the Superior Court of the 'Council on April 13,1998: State of Washington for King County. An ordinance ORDINANCE NO.4716 of the City of Renton, The notice in the exact form attached,was published in the South County Washington,repealing Ordinance No.4695 r Journal(and not in supplemental form)which was regularly distributed to the subscribersadopting and amendments to the Shoreline Master t am.The State Department of• -during the below stated period. The annexed notice, a 1 1 Ecology has taken final action on the city of j,Renton's Shoreline Master Program • Ordinance#4716& Resolution#3319 Amendments.: - Effective: April 22,1998 RESOLUTION NO.3319 aspublished on: 4/17/98 'A resolution of the City of Renton, I Washington,extending the moratorium on building permits,land use permits and sub- The full amount of the fee charged fo said foregoing 09 division_permits on property to be dean- g g g publication is the sum of$54. nexed to the City of Newcastle located in dean- Legal Number 4489 - - the vicinity of Lake Washington Blvd. NE, NE 50th Street and SE 72nd Street, until October 13,1998,or as earlier terminated �� according to terms detailed in said resolu- 4i tion,or as otherwise extended. Le al C er1C So Count Journal 1 Effective: April 13,1998 g y Complete texts of this ordinance and i resolution are available for review at the ' Renton.Municipal-Building„200 Mill Avenue ' Subscribed and sworn before me o his day of4a4/1, 19 "/ posted.at the.Renton Public South; and ��1�IIII11///� ; /' 1(-Library, 100- Mill Avenue',South. Upon 1 �ii request to-the City-Clerk's office(425-235- �� p E• fV y y�j�/ ,�%p. 2501)copies will also be mailed for a fee. ,, 0..asS10NF,p;A G/ ,� j Marilyn J.Petersen ro •' j% J+ City Clerk a O`er 9 • Published in the South County Journal Notary Public of the State of Washington •� NOTARy FN•%, i. April 17,1998.4489 residing in Renton _ • - • King-County1-Washington ___-— - - =�-:9— - I &-..-- --- --- —- — _= — — — — • '9�F WpsN`x,_ Min ii111 March 23ii 1998 Renton City Council Minutes Page 106 .1 OLD BUSINESS Planning & Development Committee Chair Keolker-Wheeler presented a Planning & Development report regarding the proposed zoning amendments to gas stat ons, vehicle Committee service, mini-marts, and related uses. The Committee met c4i March 19, 1998, EDNSP: CD Zone Changes following the City Council's March 16th public hearing on this subject. No re Gasj Stations, Vehicle public testimony was presented. The Committee concurred with the staff Service etc. recommendation regarding gas stations, mini-marts, vehicle service and related 9 uses pursuant to the Committee's February 23, 1998 report, and also concurred with the staff recommendation made at the public hearing tliat the ordinance address a related use of engine/transmission rebuild operations. The Committee has reviewed the proposed ordinance prepared by the City Attorney's office, and recommended that it be scheduled ford first reading. The Committee further recommended that Resolution 3308, providing a !I moratorium against auto-related uses in the Center Downto' 'n, be rescinded ili when the ordinance amending zoning allowances for gas stations, mini-marts, vehicle service and related uses becomes effective. MOVER BY KEOLKER- 1I WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE „III COMMITTEE REPORT. CARRIED. (See page 108 for ordinance.) EDNSP: Shoreline Master Planning & Development Committee Chair Keolker-Wheeler presented a Program Amendments , report regarding Shoreline Master Program amendments. Tle Committee has 1 reviewed the State Department of Ecology's (DOE) letter dated March 5, 1998, which approves Renton's proposed Shoreline Master Program' amendments I contained in Ordinance 4695, subject to a few recommended changes. The H DOE recommended a few changes which primarily make a statement more ,1 clear or correct a statement. Pursuant to RCW 90.58.090(2)(e), the Committee i recommended that the City agree to the proposed changes. The Committee also recommended that an ordinance be prepared which complies with DOE's "I recommended changes, and that the ordinance be scheduled) for the Council's it consideration on April 6, 1998. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Zoning: Proposed Changes Planning & Development Committee Chair Keolker-Wheeler presented a for the Highlands Area report regarding regional uses in neighborhood centers. The Mayor and (SubJIRegional Uses) Council received a letter dated March 11, 1998 from Mr. Ralph Evans, requesting that the land use policies regarding "regional" uses in the Highlands 1' commercial areas be revisited. This request is timely since the City is already ,j looking at redevelopment of these areas, and because the application period ,I for the annual Comprehensive Plan amendment cycle is cu rently open. Mr. II Evans also requested that the zoning be revised to reflect to allowance for ,I larger, regional uses, if the policy changes are approved. The Committee recommended that the policies regarding regional uses in the Center Neighborhood (CN) and Center Suburban (CS) land use designations be il reviewed during the 1998 Comprehensive Plan amendment cycle. Zoning 1 Code amendments that may be necessitated by amendments to the policies can be programmed once the Comprehensive Plan amendments are adopted. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ti 11 Councilmember Keolker-Wheeler noted that this action merely opens up the m1 discussion on whether these uses in the Highlands area should change. She said while Highlands residents previously opposed allowing more intense II commercial uses in their community, opinions may have ganged. Transportation: Main Ave Mrs. Keolker-Wheeler asked that detour signage for the Main Ave. S. S Reconstruction Project reconstruction project be improved to give drivers more advance notification Detour Signage of the detour routes in an effort to help lessen traffic jams. I ' 1 APPfOVED BY - CITY OUNCIL 1 Date - -?L PLANNING&DEVELOPMENT COMMITTEE COMMITTEE REPORT March 23, 1998 Shoreline Master Program Amendments (Referred March 16, 1998) The Planning and Development Committee has reviewed the State Department of Ecology's I(DOE's) letter idateLd March 5, 1998 which approves Renton's proposed Shoreline Master Program amendments contained in 'Ordinance 4695 subject to a few recommended changes. I ,DOE recommends a few changes which primarily make a statement more clear or correct a statement. Puruant to RCW 90.58.090(2)(e),the Committee recommends that the City agree to the proposed changes. 'The Committee also recommends that an ordinance be prepared which complies with DOE''s r-commended ch ges,and that the ordinance be scheduled for the Council's consideration on April 6, 1998. , I • 1 , /4/0-ad'i � w illy K lker-Wheeler, Chair "��L1 Titre Schlitzer, c hair 4,,,,,,kk,- -4-;&,/,,„. I i D Clawson,Member i I I I cc Mike Kattertnann i I ' I P&D398.DOC 1 1 I P&D398.DOCU.G Amends: 6RD 3758 r-- --.--, Repeals ORD 4695 ' CITY OF RENTON, WASHINGTON ORDINANCE. NO. 4716 AN . ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING ORDINANCE NO. 4695. AND ADOPTING AMENDMENTS- TO THE SHORELINE MASTER PROGRAM. WHEREAS, the State of Washington Shoreline Management Act of 19 1, Chapter , 90 .58 RCW, requires that . counties and cities incur I certain duties, obligations .and responsibilities with re'g.rd to 'the implementation of said Act; and WHEREAS, the City Council finds that certain revisions to ' the existing City Shoreline Master Program are necessary in ; furtherance of the provisions of Chapter 90. 58 RCW, and that such r visions are in the best interest of the citizens of Rent.n; and 1 WHEREAS, the Draft amendments were sent to the Depart lent of Eology for comment in accordance with WAC 173-26-100, and on May 23, August 19; and September 11, 1997, the Department of cology provided the City with comments; and WHEREAS, comments were solicited from federal, state, local, regional and tribal interests in accordance with WAC, 173-26- 10 0 (3) ; and 1 . WHEREAS, the Planning , Commission held- a public hearing oliciting comment .on. the proposed Shoreline Mastery Program mendments on July 30, 1997; and WHEREAS, the City notified the Department of Ecology and the • Department of Community, Trade and Economic Developme t, and other agencies of the' intent to adopt amendments at least sixty I 1 I ORDINANCE NO. 4716 days prior to approval in accordance with WAC 173-26-100 (5) and RCW 36.70A. 106; and WHEREAS, the City Council' s Planning and Development Committee reviewed the proposed Shoreline Master Program amendments and public comments including the Department of Ecology' s comments on November 13, 1997; and WHEREAS, as a result of : these meetings, revisions recommended by the public, commenting agencies and the Department of Ecology were considered and incorporated where appropriate into the proposed Shoreline Master Program amendments; and WHEREAS, the revised Shoreline Master Program was formally considered by the City' Council during a public hearing held on December 1, 1997, as advertised in accordance with WAC 173-26- 100 (2) ; and WHEREAS, Section 4-19-2 of the Renton Municipal Code directs that amendments to the Shoreline Master Program be made by ordinance; and WHEREAS, the City Council adopted Ordinance No . 4695 on December 8, 1997, approving the proposed Shoreline Master Program Amendments to become effective immediately upon formal . State Department of Ecology adoption; and WHEREAS, the City transmitted Ordinance No. 4695 along with other supporting documents to the Department of Ecology consistent with submittal requirements of WAC 173-26-110 on December 16, 1997; and 2 1 ORDINANCE NO. 4716 0 i i WHEREAS, on March 5, 1998, the Department of Ecology sent ,written approval of the City of Renton' s Shoreline Master' Program endments, subject to making additional minor change , and I determined that with the changes, the amendments are con istent 1 with Chapter 90.58 RCW; and 1 WHEREAS, the City Council' s Planning and Development Committee reviewed the Department of Ecology' s March, 5, 1998, letter, .and determined that requested minor revisiio s are a propriate; .and I WHEREAS, the City Council concurred with the Planning and I Development Committee' s report of March 23, 1998; 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ENTON, W•kSHINGTON, DO ORDAIN AS FOLLOWS : 1 SECTION I . The above findings and recitals are found to I be true and correct in all respects . SECTION II . Ordinance No. 4695, adopted on Dece .er 8, 1997, is hereby repealed. 1 SECTION III. The City Council approves the Marchl 9, 1998 1 Shoreline Master Program amendments that are attached to this rdinance and incorporated herein by reference. SECTION IV. The City Council directs the Neighborhoods 1 and Strategic Planning Director to prepare a final' ocument 1 incorporating the attachment amendments and send the adopted Shoreline Master Program amendments to the Department of cology. 3 H 110 ORDINANCE NO. 4716 SECTION V. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this 13th day of April , 1998 . ())/ Marily etersen, City Clerk APPROVED BY THE MAYOR this 13th day of April , 1998 . d fe9-4444-1- Jesse Tanner, Mayor Appr iv as to form: Lawr=nce J. Warr , City Attorney Date of Publication: April 17th, 1998 ORD. 690 : 3/25/98 . 4 9 AFFIDAVIT-OF-PUB.LICA_TION _ Kristina Thompson, being first duly sworn on oath states that he/she is the Legal Clerk of the _- CITY OF RENTON_� I NOTICE OF PUBLIC HEARING I• I CITY SOUTH COUNTY JOURNAL i NOTICEN S HEREBY GIIVVENCILthat the I Renton City Council has fixed December 1, i 600 S. Washington Avenue,Kent, Washington 98032 , 1997,at 7:30 p.m.as the date and time for i a public hearing to be held in the second a dailynewspaper seven times a week. Said newspaper is a le al - ' floor CouncillBuilding,Chambers200Mill of the Renton published (�) 9 ' Municipal 200 Mill Avenue South, newspaper of general publication and is now and has been for more than six months Renton 98055,to consider the-following: r_- ., prior to the date of publication, referred to, printed and published in the English language %ShoreIine Master Program Amendments, continually as a daily newspaper in Kent,King County,Washington. The South County ' 1 Journal has been approved as a legal newspaper by order of the Superior Court of the ' to limited todft Comprehensive Plan,including erbu- not to definitions,exemptions, per- State of Washington for King County. miffing roads in conservancy areas,dredg- The notice in the exact form attached,was published in the South County .1 ing and landfill, docks and marinas, resi Journal and not in supplemental form)which was regularly distributed to the subscribers / dentiali setbacks,etc.AmendmentsintheCity will rbk PP g y available for review in the Clerk during the below stated period. The annexed notice, a ' Division,1st floor,after 11/25/97. All interested persons are invited to I attend the hearings and present oral or Shoreling Master Program Amendments written comments in support or opposition to the proposals.The Municipal Building is as published on: 11/14/97 ' fully accessible, and interpretive services , for the hearing impaired will be provided upon prior notice. The full amount of the fee charged for said foregoing publication is the sum of$42.11 Marilyn J.Petersen City Clerk Legal Number 3890 I Published in the South County Journal i l November 14,1997.3890 1 e al Clerk, Sout County Journal • Subscribed and sworn before me on this o_d y of / I(3f'- , 19 `T 7 - _ owl i i i wit,. _ / i . c-Y\ -----4 / % Ire �................ .... 1 — -- — -- - h* ` /.�', Notary-Public-of-the-State-of-Washington — c�a►ARy residing in Renton _ r = King County, Washington /i1/1OF'�'pgtO`` 5Kurd lvie ►/4511,rl191r AFFIDAVIT OF PUBLICATION Kristinashompson, being first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL NOTICE OFOR NANCE-OS ADOPTED BY RENTON CITY COUNCIL 600 S. Washington Avenue,Kent,Washington 98032 Following are summaries of ordinances adopted by the Renton City Council on r 8, 1997: a daily newspaper published seven (7)times a week. Said newspaper is a legal DecembeORDINANCE NO.4695 newspaper of general publication and is now and has been for more than six months ' An ordinance of the City of Renton, prior to the date of publication, referred to, printed and published in the English language l Washington, adopting amendments to the continuallyas a dailynewspaper in Kent, King County, Washington. The South CountyShoreline Master'Program. Y 9 f Effective immediately upon formal State Journal has been approved as a legal newspaper by order of the Superior Court of the I Department of Ecology adoption. State of Washington for King County. , ORDINANCE NO.4696 An of theof Renton, The notice in the exact form attached,was published in the South County W shingtton,nce adopting thelt1997 amend' ' Journal (and not in supplemental form)which was regularly distributed to the subscribers , ments to the City's 1995 Comprehensive Plan, maps and data in conjunction during the below stated period. The annexed notice, a therewith. Effective:12/17/97 Notice of Ordinances Passed i Complete texts of these ordinances are posted at the Renton Municipal Building, 200 Mill Avenue South; and the Renton as published on: 12/12/97 Public Library, 100 Mill Avenue South. Upon request to the City Clerk's office The full amount of the fee charged for said foregoing publication is the sum of$39.31 I forr a)fee.5 2501 copies will also be mailed Legal Number 3981 k Marilyn J.Petersen City Clerk Published in the South County Journal December 12,1997.3981 ' L g lerk, So th County Joumal Subscribed and sworn before me on thisk)dday of 19gF rivv, 0,11 m. z. ,0, rect-1-b9-,-.-An--) I -9-216,71(2.i `e �o 4,*% ti Notary Public of the State of Washington _�: cao7ARy N residing in Renton _ = King-County,—Washington --o— e�•.: /'OWC' p.' -- - — - — — — — — — — — — — 26 2. •c;C ' Amends Ord 37,5 I CITY OF RENTON, WASHINGTON ORDINANCE NO. 4695 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ADOPTING AMENDMENTS TO THE SHORELINE MASTER PROGRAM. WHEREAS, the. State of Washington Shoreline Management Act of 1971, Chapter 90 .58 RCW, requires that counties and cities incur certain duties, obligations and responsibilities with regard to the implementation of said Act; and WHEREAS, the City Council finds that certain revisio' s to th existing City Shoreline Master Program are necessa y in furtherance of the provisions of Chapter 90.58 RCW, and that such re isions are in the best interest of the citizens of Rento ; and • WHEREAS, the Draft amendments were sent to the Departm nt of Ec logy for comment in accordance with WAC 173-26-100, and on May, 23 August 19, and September 11, 1997, the Department ofiEcology provided the City with comments; and WHEREAS, comments were solicited from federal, state, local, regional and tribal interests in accordance with ,WAC1173-26- 100 (3) ; and WHEREAS, the , Planning Commission held a public ' earing s liciting comment on the proposed Shoreline Master 'rogram amendments on July 30, 1997; and WHEREAS, the City notified the Department of Ecology and the Department of Community, Trade and Economic Developmnt, and other agencies of the intent to adopt amendments at least sixty 1 I 46) ORDINANCE NO. 4695 days prior to approval in accordance with WAC. 173-26-100 (5) and RCW 36 . 70A. 106; and WHEREAS, the City Council' s Planning and Development Committee reviewed the proposed Shoreline Master Program amendments and public comments including the Department of Ecology' s comments on November 13, 1997; and WHEREAS, as a result of these meetings, revisions recommended by the public, commenting agencies and the Department of Ecology were considered and incorporated where appropriate into the proposed Shoreline Master Program amendments; and WHEREAS, the revised Shoreline Master Program was formally • considered by the City Council during a public hearing held on December 1, 1997, as advertised in accordance with WAC 173-26- 100 (2) ; and WHEREAS, Section 4-19-2 of the Renton Municipal Code directs that amendments to the Shoreline Master Program be made by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I . The above findings and recitals are found to be true and correct in all respects . . SECTION II. The City Council approves the December 1, 1997 Shoreline Master Program amendments that are attached to • this ordinance and incorporated herein by reference, with the understanding that in accordance with RCW 90.58. 090 (3) , the 2 • ORDINANCE NO. 4695 1 i Pro osed Shoreline Master Program amendments will 'b-come � I effective immediately upon formal State Department of Ec•logy ado tion. I I SECTION III . The City Council directs the Planning and Technical Services Director to send the proposed Shoreline, aster Pr gram amendments and supporting materials, consistent wi h WAC 173-26-110 submittal requirements, to the Department of Elology 1,Ifor its review and adoption. PASSED BY THE CITY COUNCIL this ' 8th day of December , 11997 . I I rw Marilyn tersen, City Clelk APPROVED BY THE MAYOR this 8th day of December , 1997 . i I Jess anner, Mayor iApprov as to form: I , I iL wrence J. Warr , City Attorney Date of Publication: December 12, 1997 ORD. 690: 11/25/97 . • I i I I i I 1 I 3 I � I I '� II December 8, 1997 Renton City Council Minutes Page 409 � II Budget: 1997 Year-End An ordinance was read providing for 1997 year-end budget adjustments in the Adjusitments total amount of $2,581,407. MOVED BY KEOLKER-WH ELER, SECONDED BY EDWARDS, COUNCIL REFER THE OR INANCE FOR SECOND AND FINAL READING ON 12/15/97. CARRI D. The following ordinances were presented for second and fi al; reading: I Ordinance #4695 An ordinance was read adopting amendments to the Shoreli e!Master Program. Planning: Shoreline Master MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE Program Amendments ORDINANCE AS PRESENTED. ROLL CALL: ALL AYS MOTION 11 CARRIED. j Ordinance #4696 An ordinance was read adopting the 1997 amendments to the;'City's 1995 Comprehensive Plan: 1997 Comprehensive Plan, maps and data in conjunction therewith MOVED BY Amendments KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. NEW !OUSINESS MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL Council: 1998 Council OPEN NOMINATIONS FOR 1998 COUNCIL PRESIDENT AND President and Council NOMINATE COUNCILMAN BOB EDWARDS. CARRIED. President Pro tem MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL NOMINATE COUNCILMAN KINGSLEY PARKER 1998 COUNCIL PRESIDENT PRO TEM. CARRIED. EXECUTIVE SESSION MOVED BY KEOLKER-WHEELER, SECONDED BY NE SON, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 20 MINUTES TO DISCUSS PERSONNEL. Time: 8:32 p.m. li The meeting was reconvened at 8:50 p.m.; roll was called; all Councilmembers present. ADJOURNMENT MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL ADJOURN. CARRIED. Time: 8:51 p.m. MARILYN . E ERSEN, CMC, City Clerk Recorder: Brenda Fritsvold 12/08/97 it t� II I l December 1, 1997 Renton City Council Minutes Page 397 The Finance Committee concurred in the request that the Fi ahcial Planning Manager begin work with the City at step E of the salary range. This will have no negative budgetary impact as the former employee *'as at step E. MOVED BY PARKER, SECONDED BY CORMAN, COUN IL CONCUR IN THE COMMITTEE REPORT. CARRIED. I ;I Planning: School Impact Finance Committee Chair Parker presented a report recommending that Fees Council remove this item from the Committee's referral list. This item was initiated due to an annexation by the City of Renton within the Issaquah School District. Since the Renton School District does not 1 vy impact fees, and the City now has no annexations pending or anticipated in the near future within the Issaquah School District, the Finance Committee ecommended this item be closed. MOVED BY PARKER, SECONDED BY E WARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and ado tion: RESOLUTIONS Resolution #3295 A resolution was read authorizing the temporary closure of the existing Streets: Monster Road Monster Road bridge between SW 7th Street and SR-900 (Martin Luther Bridge'Temporary King, Jr. Way) for bridge reconstruction. MOVED BY KEOLKER- Closure, 12/97 WHEELER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinances were presented for first reading mid.'referred to the 1 Council meeting of 12/08/97 for second and final reading: Planning: Shoreline Master An ordinance was read adopting amendments to the Shoreline Master Program. Progra}n Amendments MOVED BY EDWARDS, SECONDED BY PARKER, COUIICIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/08/97. CARRIED. Comprehensive Plan: 1997 An ordinance was read adopting the 1997 amendments to they City's 1995 Amendments Comprehensive Plan, maps and data in conjunction therewith.,; MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/08/97. CARRIED. The following ordinances were presented for second and fin l;reading: Ordinance #4690 An ordinance was read amending Section 4-31-10.1.D.2 of hapter 31, Zoning Planning: Center Code, of Title IV (Building Regulations) of City Code by eliminating upper- Downtown Upper-Story story setbacks for property zoned Center Downtown and located in the Setback Elimination Downtown Core Area. MOVED BY EDWARDS, SECONDF7DI BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ®LL CALL: ALL AYES. MOTION CARRIED. Ordinance #4691 An ordinance was read amending Sections 4-31-2, 4-31-10. .C, 4-31-10.2.C, Planning: Card Room 4-31-10.4.B.2, 4-31-10.5.C, 4-31-11.1.B.2, 4-31-11.2.B.2, 4-131-12.B.2 and 4- Ordinance Revisions 31-16.C.6 of Chapter 31, Zoning Code, of Title IV (Buildin Regulations) of City Code by adding card rooms as a definition, adding car rooms as a prohibited use in the Mixed Commercial (CM), Community Commercial (CB), Convenience Commercial (CC), and Commercial Office (CO) zones, and adding, card rooms as a permitted secondary use in the Arteilial Commercial (CA), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH) zones. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL ALL AYES. MOTION CARRIED. RENTON CITY COUNCIL Regular Meeting December 1, 1997 6ouncil'Chambers Monday, 7:30 p.m. Municipal Building MINUTES CALL TO ORDER Mayor Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; TONI NELSON; BOB COUNCILMEMBERS EDWARDS; RANDY CORMAN; KING PARKER; DAN CLAWSON. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL EXCUSE ABSENT COUNCILMAN TIMOTHY 1CHLITZER. CARRIED. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Executive Asslistant to the ATTENDANCE Mayor; ZANETTA FONTES, Assistant City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Pianningit uilding/Public Works Administrator; REBECCA LIND, Principal Planner; I`ISA GRUETER, Senior Planner; DEPUTY CHIEF GARRY ANDERSON, Police Department; COMMANDER CURTIS SMALLING, Police Department. APPROVAL OF MOVED BY KEOLKER-WHEELER, SECONDED BY CLA;WSON,' • COUNCIL MINUTES COUNCIL APPROVE THE MINUTES OF NOVEMBER 24 1997, AS PRESENTED. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted land published Planning: Shoreline Master in accordance with local and State laws,.Mayor Tanner opened the public Program Amendments hearing to consider the proposed amendments to the Shoreline;Master Program. Lisa Grueter, Senior Planner, explained that the State of Washington has issued new Shoreline Master Program guidelines with which fall jurisdictions must comply in two years. The new mandates,'part of the State regulatory reform law, streamline the shoreline permit process and make,;wetlands terminology more consistent. They also make shoreline goal and policies part of local comprehensive plans, while shoreline regulations are considered to be local development regulations. Ms. Grueter said the City is proposing only minor amendments to its Shoreline Master Program at this time, in response to the changes at tile state level. A more extensive update will be undertaken in the next two to three years. Continuing, Ms. Grueter noted that some of the recommended policy changes include: 'I 1. Adjusting language in the economic section regarding water's edge and inland location of site development. 2. Deleting the building height requirement in the public access section relating to property adjacent to a shoreline (governed by the Zoning Code). 3. Deleting setback standards from the residential section, as well as text encouraging low density development (governed by the Zoning Code). 4. Removing language in the circulation section stating,that shoreline roadways are restricted to existing rights-of-way. I! , I , December '1, 1997 Renton City Council Minutes Page 395 Amendments relating to regulations include: I � 1. Making shoreline permit exemptions and jurisdictio I terminology consistent with State law. 2. Adding or modifying wetlands and shoreline definitions. 3. Modifying the permit process regarding notices and appeal periods. Other changes address water-oriented developments and public"access, dredging and landfill, docks and marinas, public and private recreation, residential setbacks, and map interpretations. I Ms. Grueter added that the Department of Ecology has competed preliminary review of the proposed changes. The Planning & Development Committee has reviewed the amendments, and concurred with staff and the (Planning Commission that these be approved by Council. Ms. Grueter concluded that after Council adopts this ordinance, it will be transmitted to the State Department of Ecology for the DOE's final approval. Audience comment was invited. There being none, it was OVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE TIE PUBLIC HEARING. CARRIED. (See page 397 for ordinance.) Planning: 1997 Ms. Grueter noted that the Trammell Crow Company, the proponent for the Comprehensive Plan Pan Abode Comprehensive Plan amendment and rezone, and Barbee Forest Amendment Continuances, Products, Inc., the proponent for the Cugini Comprehensive Plan amendment Pan Abode & Barbee Mill and rezone, have each requested that their applications be held over for consideration in 1998. Both applicants wish to defer action they can coordinate their developments with the plans for the Port Quendall site and its redevelopment. Staff concurs in these requests for continuance. MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, COUNCIL AUTHORIZE THAT THE COMPREHENSIVE PLAN AMENDMENT AND REZONE APPLICATIONS FROM TRAMMELL CROW CO. FOR THE PAN ABODE SITE AND FROM BARBEE FOREST PRODUCTS INC. FOR THE CUGINI SITE BE CONTINUED TO 1998. CARRIED. PI ADMINISTRATIVE Mayor Tanner requested Council concurrence in his selection of Deputy Police REPORT Chief Garry Anderson to serve as Chief of Police following I the retirement of Police; Chief of Police Alan L. Wallis. MOVED BY KEOLKER-WHEELER, SECONDED BY Appointment (Garry CORMAN, COUNCIL CONCUR IN THE APPOINTMENT OF DEPUTY Anderson) POLICE CHIEF GARRY ANDERSON TO THE POSITION OF CHIEF OF POLICE EFFECTIVE JANUARY 10, 1998. CARRIED. Deputy Chief Anderson expressed appreciation for this appointment and noted his personal pride in Renton's Police Department. Executive Assistant Jay Covington reviewed a written adminiistrative report summarizing the City's recent progress toward goals and work programs adopted as part of its business plan for 1997 and beyond. Items noted included: * As part of the South Renton Sewer Replacement p.o'ject, the sewer in the alley behind St. Anthony's is being replace} The contractor is coordinating this work with St. Anthony school lofficials to minimize the impact on students and their parents. * The Washington Traffic Safety Commission presented an award to Renton's Police Department for its participation in the International 3-Flags Program, which has increased the use of seat belts and child I ii � I I j O Shoreline Master Program Amendments I. II Public Hearing,December 1,1997 Planning&Technical Services Division 2 J Comprehensive Plan Amendments o Comp.Plan amendments proposed including Shoreline Master Program j y All amendments considered at Planning Commission hearing on July 30,1997 3 O Comprehensive Plan Amendments (cont.) • Amendments reviewed by State agencies — 60-day review period ended late October o Due to additional amendments proposed in response to State DOE, Planning&Dev.Committee recommended shoreline amendments as only subject of City Council hearing 4 O Amendment #8 Shoreline Master Program Amendments I I 5 0 Context o ESHB 1724(Regulatory Reform Law) jI — Streamlines shoreline permit process — Wetland terminology made consistent — SMP goals and policies=element of Comp.Plan — SMP regulations=part of local development regs. — New State SMP Guidelines-City must comply in 2 years 6 O Context (cont.) • Minor Amendments Proposed Now — Amendments keep SMP functional until larger update is prepared over the next 2+years i I —,Incorporate some related requests by Pt. Quendall attorney; and other City divisions — Preliminary review completed by DOE as well as other follow-up review 7 O Policy Amendments o Economic Section: adjust language regarding water's edge/inland location of development on site o Public Access Section: deletion-building height requirement adjacent to the shoreline since governed by Zoning Code j I I ; I 1 I ' ' I 8 O Policy Amendments (cont.) o Circulation Section: delete text that shoreline roadways are restricted to existing ROW's • • Residential Section: delete setback standards from policy,and text encouraging low density development,since governed by Zoning Code 9 O Regulation Amendments o Shoreline Permit Exemptions-consistent with State law ✓ Add or modify definitions(wetlands,shorelands,floodway,bulkhead, buffer,setback,water-oriented,water-related,water dependent, water enjoyment etc.) • Permit Process Changes(notices,appeal periods,etc.) 1 0 O Regulation Amendments (cont.) .• Jurisdiction(consistent terminology-Shorelines of Statewide Significance vs.other regulated Shorelines) y Roads-permit in Conservancy Environment 11 O Regulation Amendments (cont.) ✓ Water-Oriented Developments&Public Access-(treat commercial developments the same as industrial; address residential; consistent I terminology) + Dredging and Landfill: permit remedial action plans approved by State or Federal agencies Z Docks and Marinas: design criteria-length related to inner harbor line 12 O Regulation Amendments (cont.) • Public and Private Recreation:provide accessibility,but consider public safety and natural features v Residential setbacks: increase from 20 to 25 feet-consistent with Land Clearing and Tree Cutting Ordinance • Map Interpretation: Springbrook Creek map footnote; Conservancy, designation near I-405 13 O Recommendations - Shoreline w Staff-recommend as proposed Planning Commission-concur as proposed with clarifications to permit process in response to The Boeing Co. - No change at this time to definition or policy regarding high rise-can address in larger update • Planning&Development-concur with Staff&Planning Commission 2 • 14 O Recommendations - Shoreline (cont.) • Ordinance to amend SMP is ready for Council Consideration a Ordinance will not become effective until after State DOE approval 15 O Recommendations - Other CPA's • Matrix summarizes other CPA's &recommendations ❖ Staff,Planning&Dev.recommend approval of ordinance amending: - Vision Statement,Land Use Element,Land Use Map,and Transportation,Capital Facilities and Environment Elements 16 Recommendations - Other CPA's (cont.) ❖ Recommend a motion to continue 2 site specific map amendments based upon request by property owners/representatives (Cugini and Pan Abode) 0 /(trill- 3 . 7r _ L' L , • E ' EE':': EEi< ''><"<'??„? ,E:` ' '>„_f : ;:i::::::: 2::ii::: ;;�.;�:::::.... ::: �::: : :i :i:i::::::::i::i:::ii i::i::i:::::i::::::::::::::;i:::::i::::;:i::: �E>:?::'Y •:.<::<:::::. ��:;::si;:: ::::::r E:::s::::i::i::i;i ;::::i::i::::;::ii::E:i:: ;iii ::::;i::;;::;:i::i::;:::i?:<:i;<<:i:E: ::;::;:::z:i;::i:� �,n•'vim f B BLi • I >. . c. >,.•:• l"A y> 'y eee ee is::: . ` `> < > mmg. < ;4m` ''> `>` t 'R::.> > . >ED H RE Il `VI I TpR>FR .;>R1 1V > ME :: .`: *., 0Pt7►$ �' � S fyCr ND N 5.::.� !:: ,.. . ">::<o �` ddtarnal urfbrma�ti� :> I � :::o�> �o �Ia a�23 2552 i::i::: .. >«:or.....- $aGrtYet r.tliree ...a . . .7.. .. Pursuant to Washington Administrative Code Section 173-26-100, and Chapter 4-19 of the Renton Municipal Code, amendments to the Renton Shoreline Master Program (SMP) are proposed. Based upon recent State legislation, SMP goals and policies are .now considered an element of local comprehensive plans, and other shoreline regulations are considered a part of local development regulations. The proposed SMP amendments include changes to shoreline policies and regulations which are intended to be minor. The proposed amendments clarify policies and procedu es, remove ' conflicting provisions with other City codes and ordinances, and address recent State amendments to the Shoreline Management Act regarding permit,procedures, exemptions, definitions, and other items. In summary,the proposed changes address: I • Policy amendments to Economic Development, Public Access, Circulation, and Residential "Elements"of the Shoreline Master Program • Shoreline permit exemptions • • . • Definitions (wetlands, shorelarids, floodway, bulkhead, buffer, setback, water-dependent, I water-enjoyment,water-oriented, water-related,etc.) • Permit process changes • Jurisdiction(terminology) , , • Permitting Roads in the Conservancy designation • Water related/water dependent/water-enjoyment developments and public access • Dredging and landfill • Docks and marinas • Public and private recreation • Residential setbacks • • Map interpretations/footnotes Consistent with the staff; Planning Commission, and Planning and Developmen Committee recommendations, an ordinance has been prepared for City Council consideration, which, if approved, will not become effective until the State Department of Ecology approves the amendments ' accordance ' with the Shoreline Management Act. PHHAND.DOC 1 I i � y I I I, i I CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DA : November 19, 1997 PTO Kathy Keolker-Wheeler, President City Council Members : Mayor Jesse Tanner FR I1 M: Gregg Zimmerman, Administrator 6— PlanningBuilding/Public Works Department STAFF CONTACT: Mike Kattermann (ext. 6190) I ;JECT: Shoreline Master Program Amendments 'IS S E: • Should the City's Shoreline Master Program (SMP) be revised to include amendments to policies, development'regulations, and permit procedures addressing State and local changes. l'RECOMMENDATION: • Amend the SMP as recommended by staff, the Planning Commission, and Planning and Development Committee. BA KGROUND SUMMARY: I � I In 1 SHB 1724, due to a desire for regulatory reform and integration of the Growth Managen}ent Act wi the Shoreline Management Act, the State legislature made the following amendments to the 11 Sh.reline Management Act and the Growth Management Act: • Streamlining shoreline permit procedures. I i • Making wetland terminology consistent between the Growth Management ct and Shoreline Management Act. • Clarifying that local SMP goals and policies are an element of local comprehensive plans. I I I • Clarifying that other shoreline regulations included in an SMP are considered a part of local development regulations. • Requiring new guidelines for updating local SMP's and requiring jurisdictions to meet those guidelines within two years of final rule adoption. I ' , i , 11 I - - November 19, 1997 i 'Pale2 , li Based upon the State law, and letter received last April 1997 from Larry Martin, represe ting the Pa 1 Allen Group, which requested amendments, the City staff initiated SMP amendments; p imarily int•nded.to be minor in scope, and address consistency with State. law,. case law, ,other Renton re_ lations. The City will need to prepare a larger SMP update once the State adopts n w SMP guil elines, not anticipated until 1998. In e context of.the proposed. minor .policy..and regulation:amendments..the'following issues are dis ussed the attached report (Attachment A): 1 1 • Policy amendments to Economic Development, .Public Access, Circulati.n, and Residential "Elements" of the Shoreline Master Program 1 • Shoreline permit exemptions , I • Definitions (wetlands, shorelands, floodway, bulkhead, buffer, setback, water-de o endent, 1 water-enjoyment, water-oriented, water-related, etc.) ,� • Permit process changes • Jurisdiction • Permitting Roads in the Conservancy designation • Water related/water dependent/water-enjoyment developments and public access • Dredging and landfill • Docks and marinas • Public and private.recreation • Residential.setbacks • Map interpretations/footnotes Al o ng with other proposed Comprehensive Plan amendments, the staff presented SMP.amendments for consideration by the Planning Commission at a public hearing on July 30, 1997.,, Based upon co so ii ents from The Boeing Company, minor clarifications were made to the SMP permit process. Su.sequent to the Planning Commission recommendation on August 6, 1997, the State Dep ent of Ec o logy (DOE) made additional comments resulting in additional changes being proposed y staff wh ch were reviewed by the 1Planning and Development Committee on November' 13 1997. Coo 's ents and responses from State agencies and The Boeing Company are provided in,At chment !B. 1 Coo istent with the Planning and Development Committee report of November 17, 19971 an;ordinance has been prepared under separate cover for the City Council's consideration. Because the SMP A endments must be approved by DOE, the amendments will not become effective until after DOE app oval. CO CLUSION: 'I Th.: proposed amendments result in greater conformity with State law, case law, and bother Renton 'pl. o s and regulations, and provide for better permit streamlining. I A .chment A - SMP Amendment Report (Amendment 8) 'Att.chment B - SMP Comment Letters and Responses S . S2.DOC j 1 1 1 • . ! !Aim ATTACHMENT A MENDMENT 8 - SHORELINE MASTER PROGRAM POLICY REGULATION AMENDMENTS I 1 ESCRIPTION: e proposed-Shoreline Master Program.Amendments address a variety of policy subjects including e onomic development, circulation, residential development, and public access. As the SMP gbais and p,licies are considered an Element!of the Renton Comprehensive Plan,the policy amendments constitute C mprehensive Plan Amendments. Other development regulation amendments are discussed as they �r ate to several of the policy changes,•and.because both the SMP goals and policies and development r lations constitute the'whole Renton's.Shoreline Master Program mandated by the State Shoreline anagement Act. Key development regulation amendments relate to permit procedures;.de 'lions, e emptions, shoreline jurisdiction, building/activity location, dredging, landfill, marinas an docks, ✓ creation,map interpretation,and.setbacks. I SUE SUMMARY: , ESHB 1724, due to a desire.for.regulatory reform and integration of the Growth Management Act with the Shoreline Management Act,legislative amendments included: • Streamlining shoreline permit procedures. , •- Making .wetland• terminology.consistent.:between the. Growth Management ct and - ..Shoreline Management Act.' 1 • Clarifying that local SMP goals and policies are an element of local comprehensive plans. • Clarifying that other shoreline regulations included in an SMP are considered a part of local development regulations. 1 • Requiring new guidelines for updating local SMP's and requiring jurisdictions meet those guidelines within two years of final rule adoption. Ini 1996, other Shoreline Management Act amendments were passed which affect shorelin permit e piration,permit exemptions, and residential docks. response to the State legislation, City staff initiated the preparation of minor amendm to the R-nton SMP addressing permit procedures, exemptions, definitions, and other similar issues. R-garding amendments that will need to be made to fully integrate the SMP with the Comprehensive P . and other development regulations, in December 1996, Renton was selected ;by: the State D-partment of EcologyOE l as a case studyparticipant to "test" proposed new M Faster p program � )� P P �P P � gram idelines. Additionally, the City applied for a grant this year to begin the larger update and in egration of Renton's SMP which will need to be completed within two years after final'ado lion of th- DOE Master Program Guidelines. Due to State budget cuts, the grant proposal has, b n made ".ending"and will be considered in the 1998 cycle. 0 April 4, 1997, the City received a letter from Larry Martin of Foster Pepper &'Sh felman, re•resenting the Paul Allen Group; The letter requests proposed amendments to the Renton Shoreline er Program(SMP). A majority of the requested amendments address conformance with,the recent S :to legislation in terms of permit process, definitions, etc. which staff initiated several lmon ago. H:i'LN/AMENDS/1997/CMPISS8.DOC 1 111/0 /97 I 1 i I • er suggested amendments would clarify policies and regulations regarding building arrangement, p blic access,dredging,docks,recreation, and inconsistencies between the SMP and zoning re lations. any of these issues have already been discussed by staff and DOE during the case study pr ess and d ring preparation of the grant;application. The requested amendments have been folded into a City . ' work and are considered together. I B. ed upon the State Department of Ecology's preference for early consultation regarding amendments AC 173-26-100), a preliminary draft of the amendments was sent in May 1997. Where appropriate • the scope of the minor amendments, DOE comments have been incorporated. Comments which .ised-.larger issues..will-.be:.considered:during.preparation of the larger..SMP.update required by the S .te. Subsequent to the Planning Commission review, DOE made further.comments regarding water- o 'ented developments and public access requirements. A copy of the letters and responses are provided der separate cover. the context of the proposed minor policy and regulation amendments the following issues are • scussed in this report: j • Policy amendments'to Economic Development, Public Access, Circulation, and Residential "Elements"of the Shoreline Master Program • Shoreline permit exemptions ! • Definitions (wetlands, shorelands, floodway, bulkhead, buffer, setback,.water-d-,•endent, water-enjoyment,water-oriented,water-related,etc.) • Permit process changes • . Jurisdiction i • Permitting Roads in the Conservancy designation •. Water..related/water dependent/water-enjoyment developments and public access • Dredging and landfill • Docks and marinas • Public and private recreation • Residential setback's • Map interpretations/footnotes COMMENDATION SUMMARY: S aff Recommendation i•a staff recommendation is to adopt amendments to the SMP policies as presented in;Attachment A . d amendments to the narrative and development regulations of the SMP as outlined below and p ovided in detail under separate cover: In comparison to the original staff recommendation presented t• the Commission on July 30, 1997, some minor changes were drafted by staff for;review by the P arming Commission. The changes clarify some permit process sections in response to comments from e Boeing Company. A copy of the comments and responses is provided under separate!cover. mentioned previously, DOE sent additional comments following the Planning Commission hearing d recommendation. Further changes related to water-oriented development and access are roposed for City Council consideration. H/PLN/AMENDS/1997/CMPISS8.DOC 2 I 11/06/97 I1 i • P annin. Commission Recommendation 1 ' e Planning Commission recommended that the staff proposed amendments be made (7/30/97), eluding proposed permit process amendments in response to comments made by The Boeing Company. In agreement with staff, the amendments would exclude any change, at this'time, to the • . .i. •;policy or_:definition:addressing•high':rise.construction within the shoreline-which was requested by The . - :oeing Company. The issue 'of high rise development in the shoreline could:,be reviewed comprehensively in a future update. :If it becomes an issue fora specific project, a variance,application could,be made. I • • ALYSIS: .. _. .:_i::., • • ysis:ofpolicy and.regulation amendments is provided below.. Proposed policy.amendments appear . . ., _ ._. '. 'following.this report. As the.remaining!amendments'are scattered-throughout_the.SMP;the ifullpackage . .' ..- . -o proposed amendments is provided under separate cover. 1 Policy Amendments1 If t.• sxlescribed:previously;to�inte te-the..GrowthMana ementActrandAhe-=Shoreline anagementAct; . 'a 1 SMP goals and policies.arel considered to be an Element of Renton's:Comprehensive;.Plar.-. Based . . .u.on..Shoreline .Management .Act. requirements, the Renton's Shoreline:Master Program:t contains ... _ policies:in six "elements";,-: conservation, :economic, .public access,...recreation,':..;circula on, .and . -...r sidential.. The SMP.:use.:of the.term ".element".should not:be confused with the.use'of.$ e word II 1 .., ... .. lement.in.the..Growth..Management Act.'In.the SMP,...element ..is,used:in the.sense:as,-topic areas or . . . _ s,ctions- The'wordd section is:used-in.place of element below. . . .conomic Section..'- clarifies'policy language applicable•to.individual development sites, t water . Hated development should be located along the shoreline, and all facilities not requiring a wa is edge to cation should be placed inland: This clarification would also be made to associated'dev lopment r gulations. ' blic Access Section. The amendments maintain restrictions on high rise location on the 1 shoreline,but rmoves language addressing high rise structures adjacent to the shoreline. 'The SMP defines sigh rise • structures exceeding seventy-five feet in height. The amendment is proposed because the Shoreline aster Program applies to shorelines(i.e.water plus 200 feet landward,in general),while land adjacent to shorelines is subject to the height restrictions of the Zoning Code. irculation Section. The amendments maintain language shoreline roadway to be scenic iencouraging Ys � boulevards, but deletes language that shoreline roadways be restricted to existing rightsH-off way. This clarification would also be made to associated development regulations. As Renton's waterfront locations redevelop, additional roads 'may be needed. Road development would require I horeline permits and be subject to review criteria. • I, 'esidential Section. Amendments delete specific setback requirements from the policies:as this is more a•propriately addressed in development standards elsewhere in the SMP and Zoning;Code. Also, 1. guage encouraging the location of low density development along the shoreline would be removed s ce the location of various residential districts is determined by the Comprehensive Plan and Zoning ode. I :/PLN/AMENDS/1997/CMPISS8.DOC 3 I 1 11/ 6/97 i I. I 1 ;I 2 Shoreline Permit Exemptions e Renton Shoreline Master Program has not been kept up-to-date with a growing list;of exemptions fund in Chapter 98.50 of the Revised Code of Washington (RCW). These include resider fial dock - emptions, irrigation systems' watershed restoration projects, projects improving fish Or wildlife .bitat.or-fish passage,.and hazardous.substance remedial actions as well as others.! In addition, ashington Administrative Code (WAC) shoreline rules have been updated and providei further r:flnements of the exemptions which are useful for permit review. Proposed Renton Shoreline Master _P ogram text amendments update.to the'extent.feasible the list'of exemptions based on the RCW and AC shoreline rules. Some_ofthe.exemptions have subsections defining terms. These-'defini 'ons are .- . ''eluded with-the list of exemptions:to make permit review easier,rather than including the to in the definitions section of the SMP. ' , , 3 Definitions ' dl I 1995, the State.Legislature required that shoreline jurisdiction rules be modified to make wetlands t-rminology consistent between)the Shoreline Management Act, the Growth Management Act, and the glean Water Act.:What used to be termed"wetlands" in the Shoreline.Management.Act'is;now called -' .horelands,"and the definition of.."wetland"refers to biological wetlands:--','These definitional changes h•ve been incorporated into the ISMP amendments. Along with the definitional changes, ant attempt was . ade.to review the use of the.word ,'wetland" in the Renton-Shoreline:Master.Program to see.which ords needed.to:be changed to `shoreland"and which should remain as"wetland." �I . - .:- so;.-.based.upon:suggestions from.the State DOE; the use of the terms'shoreline;"shorelines of the . .te, ::and. Shorelines of_Statewide. Significance have been reviewed throughout .for•pro er use. ater's edge' was.:replaced with-."ordinary high water mark" to better'indicate how',setb ks are • ,.. I easured, and a definition of ordinary:high:water mark was added, consistent with definitions found in .te laws and rules. Likewise; based upon DOE comments, definitions of floodway, buffer, and s- back were added,and the definitions of bulkhead,water-dependent,water-related,water-oven and I eP .ter-enjoyment were modified 1 I 'I e definition with a potential1to affect the permit process is "floodway." DOE comments ' dicated .t because the jurisdiction ofithe Shoreline Master Program is based either upon a 200 foot distance d 0 om the ordinary high water mark or floodway,that a definition of floodway should be adde , either the 'EMA definition of floodway or the definition found in the Shoreline Management Act Based upon conversations with DOE and the City's Surface Water Engineering staff, the State's definition of i oodway would probably result in a relatively smaller area being regulated than if based upon the 'EMA definition. This is because for the most part, the regulated shorelines have well defined o annels. i . I I i o er definitions modified based upon additional DOE review after the Planning Commission hearing . d recommendation include water-dependent, water-enjoyment, water-related, and wateoriented i evelopment. The revised definitiOns incorporate language found in DOE SMP Guidelines,in they are o ased upon case law. An attempt was made to review the use of the terms throughout,the SMP and ake any changes needed based upon the intent of the new definitions. j Permit Process Changes I ! e procedure for Shoreline Master' Program amendments has been revised to reflect ton's egulatory Reform Ordinance which amended various permit processes according to State gulatory :/PLN/AMENDS/1997/CMPISS8.DOC 4 1. I ;11/ 6/97 I I l 11 eform legislation, as well as recent amendments to the Shoreline Management Act regardin permit life,permit extension, and construction permit issuance. To match changes in the SMP permit process, some changes will need to be made to th Renton Regulatory Reform Ordinance: • A notice of application for a shoreline permit includes a 30-day comment period, longer than the standard 14 day comment period for most permit applications. [RCW 901.58.140/ WAC:173-27-110(2)(e)]. Notice would be posted and mailed to owners within 300 feet - . -._.._.-consistent with Regulatory Reform Ordinance,.and.witl allowances of the- horeline - Management Act. In a change to previous rules,the-WAC-.would mot,require consecutive publication of the notice for two weeks in a newspaper. i •. The appeal procedure for a shoreline substantial development permit on Table4I of the Renton Regulatory'Reform Ordinance should be corrected to replace "DOE" with "SHB" as the body that would have an open record appeal, and to delete "CC" since'the review of a Shoreline Hearing Board appeal would not be heard by the City Council,subsequently. . :..Prior to_the Renton.Regulatory Reform Ordinance, appeals.of staff_decisions on horeline .,substantial:development-permits were heard by the::Hearing Examiner. -The-City is not required.to have an administrative appeal procedure; to•..send appeals_toi,the,Shoreline Hearings Board appears acceptable under regulatory reform legislation, and is common in many jurisdictions. • When a.shoreline-exemption letter.is,issued£or-a,watershed:restoration project,'the decision must be issued within 45 days of receiving a complete exemption application [WAC 173- 27-040(o)]. The decision time frame for this type of exemption is different than for Type I permits,Table 6, of the Renton Regulatory Reform Ordinance. • According to RCW 90.58.140(11) applications for shoreline substantial development permits for a limited utility extension or construction of a bulkhead for a Ising* family residence (or other protective measures) are subject to a shorter notice of application comment period (20 days),,a shorter decision time-frame (21 days from the last date of the notice of application comment period),and a shortened appeal process. • Under RCW 90;58.140(8),permits may be rescinded after a public hearing by l the "issuing authority." Tom Marks of DOE has indicated that he would interpret the section to mean the City could rescind shoreline variance and conditional use permits in addition to substantial development permits. In the Renton Shoreline Master Program, the Hearing Examiner would hold the rescission hearing. The procedure for rescission should be included in the Renton Regulatory Reform Ordinance. 5 Jurisdiction i endments would clarify throughout that the Shoreline Master Program addresses.,Shor lines of S .tewide Significance (e.g. Lake Washington)in addition to other regulated shorelines as mandated by e Shoreline Management Act. H./PLN/AMENDS/1997/CMPISS8.D9,C 5 11/06/97 6. Roads in the Conservancy Environment ecessary roads subject to design requirements of the SMP are proposed as permitted uses in the onservancy Environment. The existing design requirements for roads include that roadways should be • led and designed in environmentally sensitive ways. Roads would require a shoreline I substantial d velopment..permit, and-environmental review: The Conservancy environment designation applies to ay Creek east of.I-405,and along some portions of Springbrook Creek and the Cedar River. ' 7 : Water Related/Water.,Dependent.Developments and Public Access !.:..Because:shorelines.are a-limited-resource,,the S .promotes.the.location,of water.-:depend t, water r dated; or:water-enjoyment (which are all considered.under the heading'.`.`water-oriented'.')..activities a ong the_.shoreline. If this cannot be achieved, significant.public access,is to be,provided. The p eferred:.uses.of.water-oriented related activities or provision of public access:has:policy s port in e 'sting SMP policies: ' 4.01.02.A.2. Prefer nce should be given to those uses or activities which enhance the natural amenities of the shorelines and which depend on a shorelines: loc tion or •:provide'public access to the shorelines. 4.03.02.A. Economic uses and activities which are .not .:water .related;-sh uld be discouraged. ..In those instances where such:uses or. activities are permitted, reasonable publiic access..to and along the.water'.s edge should be;lrovi ed. _ 4.04.02.F. :::Future-;multi-family;:.planned unit developments;:subdivisions;.commecial and .. industrial developments shall be encouraged-to provide public access ong the water's edge. endments provide consistency between policies and regulations that encourage water riented d-velopments, or provision of public access. Allowances for development to occur on' the basis of si 'ficant public access is found in some parts of the SMP such as for industrial development. •e amendments would allow the same public access linkage in commercial and residential d velopments. Commercial developments would have to be water-oriented,or provide significant public a'cess. New multi-family developments or new, larger subdivisions would have to providea public a cess. I I' I I ithout the ability to, promote; public:access as an alternative to water-oriented devel'opm nts, the C•mprehensive Plan land use' strategies for mixed use development along some parts f Lake ashington (e.g. Pt. Quendall) and the Cedar River (e.g. Urban Center) could be more difficult to achieve. 8 Dredging and Landfill e SMP allows dredging for flood control, navigation, and park maintenance purposes:Am :dments al ow dredging and landfilling activities which are performed in accordance with a remedial a on plan a proved by State or Federal ag i ncies. !I I I � ' 1 H: LN/AMENDS/1997/CMPISS8.DOC 6 j 111/0¢/97 ' I III , ,: . • s er amendments clarify that dredging is prohibited in natural or unique areas unless dr • g is p-rfonned for the allowed purposes, has received appropriate Federal or State authorization, and has b--n subject to environmental review. 9 Docks and Marinas evisions are proposed to the design criteria for recreational,:commercial, and industrial docks, and dress the length of docks and breakwaters associated with marinas..-Docks associated,with marinas . • . . . . • - ould have to meet current length restrictions, or extend to the inner harbor.line,.or beyond a inner . . .._.., . :. :: bor:.line-if:approved:by.then.Washington.Department-of.Natural Resources..or-other agecy-with . j risdiction. ' : 1 i.Public and Private Recreation' 1,, , endments•to public recreati In development regulations indicate that accessibility to the wa is edge - • ' • .s U ould be provided, with consideration to public safety and natural features. The amendment rovides eater consistency with Public Access policies. 1' : ,:-© SM P the allows-private recreation if it is open-tathe_public;:ifthe proposed.developnnent has - : ater.dependent and water related uses,!if the recreation would.have no impacts.on-adj acent.properties, .. d if parking is screened and separate from pedestrian paths:=-Amendments.:would,delete.,the-criteria . . . .. t.-private_.recreation be.allowed -if..the .development has water.dependent and..water oriented _ . . • ,: c mponents.:-•_These:amendments relate.to:..other policy.and.regulation:.amendments:indica ing--.that . - . .. - - -, . , e onomic-•uses.may.be:water.dependent-or:water related,:or provide.,significant.public. faeces ...Other : - • - . :., ::!cf'teria;.:regarding.;minimizing.'effects:On-adjacent properties:and,adequate:parking..withi:l ' taping, - . ould remain. 1 .Residential Setbacks 1 ' -sidential setbacks are made consistent with the Land Clearing and Tree Cutting Ordinance buffer r.quirements, and the Zoning Code. The current SMP residential setback is a minimum f twenty feet w 'le the Land Clearing and Tree Cutting Ordinance require a 25 foot undisturbed buffer. In!addition stme zones of the City such as the Resource Conservation Zone could require greater setba ks than enty five feet depending on what is considered the front, rear, or side yard of a lot and witl respect to • adjacent shoreline. The amendments indicate a minimum shoreline setback of twenty(live feet or a s etback consistent with the Renton,Municipal Code,whichever provides the greater setback. 1 . Map Interpretations/FooItnote i . a condition of acceptance of 1993 SMP amendments, DOE required the preparation,of1 a more d- .'led environment map of the Springbrook Creek Map. The City prepared the map which was a cepted by DOE and is part of the official Renton SMP in DOE headquarters. TheI map will be in luded in an appendix. A footnote,would be'added about the approximate nature of i entified wetlands and the use of site-specific analysis to determine applicability of the SMP. 1 other clarification is made in the text in policies and regulations that the Conservancy designation th its lower intensity uses begins "east of FAI-405 right-of-way." The highway right-of-way may be 1 ger than existing improvements. This amendment clarifies the generalized nature of the shoreline ps. V' II I H: LN/AMENDS/1997/CMPISSS.DOC I i 7 111/0./97 I : l I )1 CAPACITY ANALYSIS: lihe amendments do not result I in changes to the Comprehensive Plan Land Use Map or the Zoning I\Eap. No changes to development capacity are anticipated. ,, 1 OMPREHENSIVE PLAN COMPLIANCE: e proposed amendments to the SMP goals and policies are specific to shoreline activities and do not . .. ._: a pear to conflict with.the other elements of the Renton-Comprehensive.Plan:'.Review.of,the:L� d Use, • portation,.and Environment Elements was made in particular. ONING CONCURRENCY: . ' •C ges to policies .affecting ;building height and to residential:.setbacks:would.res'ult-,in: greater . c 9 nformity between the SMP and Zoning Ordinance. ' ONCLUSION: .. _ .:.,,4;.::. • e._sta sand--.Panning::.Commission:.;recommendation is to adopt;amendments Ao-the' SMP:,_policies, - . :::---- r gulations, and permit-procedures, as more fully described in this.report;-attachments, and:dolcuments der separate cover. .0 minis on hearin :..and.econimendations eto:the.definit ons..addreesin ewater-oriented. the lbpm In . . . .. g P Q g ... _... g ) g devellOpments_. ..__.. .. . d public access. 1 .'H: IVISION.S\P&TS\PLANNING\LGRUETER\SHORELIN\CMPISS.DOC • ' 1 I i i H: 'LN/AMENDS/1997/CMPISS8.DOC 8 1 11/06/97 ATTACHMENT: SHORELINE MASTER PROGRAM GOALS AND POLICIES 4.01 SHORELINE USES AND ACTIVITIES ELEMENT 4 01.01 Goals: IA. Shorelines of the City-State regulated by the City are to be planned and coordinated to afford best use of the limited water resource. B. Shorelines of-the City-State regulated by the City are to provide natural amenitiesiwithin an urban environment. 4 01.02 Policies: A. Reasonable and appropriate shoreline uses and activities should be planned for: 1. Short-term economic gain or convenience in development should be.evaluated.in relationshipto..potential long-term effects..on the 9 , shoreline. 2. Preference should be given to those uses or activities which enhance the natural amenities of the: shorelines and which -: depend on a shorelines location or provide public access to the shorelines. 3. -.Planning;._ zoning, capital :improvements..and other`policy and regulatory -standards should not increase the density of--or - intensity of..shoreline uses or activities except:on a.demonstrated . need considering the shorelines and then only in accordance with the policies contained herein. 4. Plans should be developed for. shorelines particularly suited for water-dependent uses or activities. 5. Multiple use of shorelines should be planned where location and integration of compatible uses or activities are feasible 6. Aesthetic considerations should be encouraged when contemplating new development, extensive redevelopment of existing facilities or for general enhancement of shoreline areas. 7. Shoreline uses and activities should be discouraged if they are objectionable due to noise or odor or if they create ioffe �sive or unsafe conditions in relation to reasonable and appropriate uses and activities. B. Those shoreline uses or activities which are not water related water- oriented should be encouraged to relocate away from the shoreline. C. All shoreline developments shall be designed and constructed to protect the rights and privacy of adjacent property owners. H:J LN/AMENDS/1997/CMPISS8.DOC 1 11/06/97 4.02 CONSERVATION ELEMENT .02.01 Goal: The resources and amenities of all shorelines situated in the City of Renton are to be protected 'and preserved for use and enjoyment by_present and future generations. .02.02 Policies: A. Existing natural resources should be conserved. 1. - Water quality and water flow should..be maintained at:a level to permit recreational use, to provide a suitable habitat,for desirable forms of aquatic life, and to satisfy other required human.needs. 2. Aquatic habitats and spawning grounds should be protected, improved and, if feasible, increased. 3. Wildlife habitats should be protected, improved and, if feasible, increased. 4. .. Unique natural areas should.be designated and niainta?ned as open space for passive forms:of 'recreation. ::Access and use should be restricted, if necessary, for the.conservation of these areas. B. :::.;Existing and:future activities on all shorelines of the State and Wetlands - shorelands within regulated by the City.of- Renton should be designed to -. ....minimize adverse effects on the environment. C. The City of Renton should take aggressive action with, responsible governmental agencies to assure that discharges from all rainage basins are considered an integral part of shoreline planning. 1. 1. Soil erosion and sedimentation which adversely affect any shoreline within the City of Renton will be prevented or controlled. 2. The contamination of existing water courses will be ,prevented or controlled. D. Shoreline areas having historical, cultural, educational or scientific value should be identified and protected. 1. Public and private cooperation should be encouraged in site preservation and protection. 2. Suspected or newly discovered sites should be kept free from intrusions for a reasonable time until their value is determined. E. Festivals I and temporary uses involving public interest and not substantially or permanently impairing water quality, water flow or unique and fragile areas may be permitted per Chapter 5-21 of the Renton Municipal Code. F. All further development of the shorelines of May Creek east''of FAI-405 right-of-way, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Streets on the south, abutting City-owned wetlands in this area, and for that portion of the west 'side of the Creek in the vicinity of SW 38th Street abutting the :/PLN/AMENDS/1997/CMPISS8.DOC 2 11/06/97 1 1 ' City's recently acquired Wetlands Mitigation Bank should be co patible with the existing natural state of the shoreline. 1. Low density development should be encouraged to the a ent that such development would permit and provide for the contnuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405 right-of-wav, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area,:and for that portion of the west side of the Creek in the vicinity; of SWW 38th Street abutting ,the .City's recently:acquired Wetlands Mitigation Bank should be left in an undeveloped natural state as.much as possible. .03 ECONOMIC ELEMENT .03.01 Goal: -Existing economic.uses.and.activities on the shorelines-are to be recognized and economic uses or activities that are water- related °water-oriented ar to be I encouraged. .03.02 Policies: A. • = Economic uses and activities which are not water-related-water-oriented .should be discouraged. In those instances where such.uses or activities I -are:permitted,:reasonable-public access to and along the ,water's edge should be provided. B. Future economic uses and activities should utilize the shoreline in an efficient manner. I 1. Economic uses and activities shouldminimize-and-duster-that locate the water-related—water-oriented portion of their development along the shoreline and place inland all 'facilities which do not require a water's edge location. 2. The length, width, and height of over-water structures should be limited to the smallest reasonable dimensions. 3. Shoreline developments should be designed to enhance the scenic view. C. Multiple use of economic developments on the shoreline should be encouraged to provide public recreational opportunities wherever feasible. i D. Shoreline facilities for the moorage and servicing of boats and other vessels should be prohibited in single family zoned areas wherever feasible. ; 1. Commercial dockings and marinas shall meet all health standards. 2. Marinas and other economic activities shall be required to contain and clean up spills or discharges of pollutants associated with boating activities. :/PLN/AMENDS/1997/CMPISS8.DOC I 3 11/06/97 E. The expansion of log raft storage on Lake Washington should be discouraged. F. Containment or mitigation of pollutants shall be required of,all economic activities on the shoreline by property owner and/or operator. .04 PUBLIC ACCESS ELEMENT .04.01 Goal: Increase public accessibility to shorelines, and preserve and improve the natural amenities. .04.02 Policies: A. Public access should recognize and be consistent with legal property rights of the owner. _B.. .. . .Just compensation shall be provided to.property.owners for land acquired for public.use. C. Public access to and along the waters edge should, be..consistent with public safety and preservation/conservation of the natural amenities. D. . Public access to and .along. the waters -edge should 'be. available throughout publicly owned shoreline areas. E. . Public access.from public streets shall be made.available over public property or by easement. F. Future multi-family, planned unit developments, subdivisions, commercial and industrial developments shall be encouraged to provide public access along the waters edge. G. Private access to the publicly owned shoreline corridor shall not be denied to owners of property contiguous to said corridor. H. When making extensive modifications or extensions to existing structures, multi-family, planned unit development, subdivision, commercial and industrial developers should be encouraged to provide for public access to and along the waters edge if physically feasible. I. High-rise structures on the shoreline shall be prohibited ut could—be sewed. Shoreline low-rise development should provide substantial grade level views of the water from public shoreline roads running generall parallel to the waters edge. :/PLN/AMENDS/1997/CMPISS8.DOC 1 4 11.'06/97 i J. Both passive and active public areas shall be designed and provided. 1 K. In order to encourage public use of the shoreline corridor, public parking shall be provided at frequent locations. L. Preservation or improvement of the natural amenities shall be a basic consideration in the design of shoreline areas to which public access is provided, including the trail system. M. . In planning for public access, emphasis should be placed on.foot and bicycle paths rather than roads, except:,in .areas..where..public boat launching would.be desirable. .05 RECREATION ELEMENT .05.01 Goal: Water-related-Water-oriented recreational activities available to the public are to be encouraged. - i 1 .05.02 Policies: A. Water-oriented recreational activities should be i encouraged. 1. .•Accessibility to the water's edge:should be improved. 2. ....... Shoreline park areas should be increased in size and.num er. 3. . • Areas for specialized recreation should be developed., 4. . . Both passive and active recreational areas shall be provided.. B. Recreational fishing should be supported, maintained and increased. C. Public agencies should be encouraged to buy shoreland, as it becomes available for sale, based upon an established plan declaring public intent. D. Local jurisdictions should join in a cooperative effort to expand recreational opportunities through programs of acquisition, development, and maintenance of waterfront areas. E. Subject to state and federal regulations, the water's depth may be changed,to foster recreational aspects. .06 CIRCULATION ELEMENT 4.06.01 Goal: Minimize motor' vehicular traffic and encourage pedestrian traffic within the shorelines. .06.02 Policies: A. Shoreline roadways should be scenic boulevards where Iposs'ble-and :/PLN/AMENDS/1997/CMPISS8.DOC 5 11/06/97 I I - B. Public transportation should be encouraged to facilitate access to shoreline!recreation areas. C. Pedestrian and bicycle pathways, including provisions for maintenance, operation!and security, should be developed. 1 1. Access points to and along the shoreline should be linked by pedestrian and bicycle pathways. 2. Separate pedestrian and bicycle pathways should be included in new or expanded bridges or scenic boulevards. within the shorelines. 3... : . Separate.pedestrian and bicycle pathways.should be included in publicly . .financed transportation systems or. rights Hof-way, consistent with public interest and safety. D. Commercial boating operations, other than marinas, should be discouraged, but if permitted, should be limited to commercial and industrial areas. 4.07 RESIDENTIAL ELEMENT .07.01 Goal: Existing:residential uses are to be recognized,but future residential;deve}opment should optimize regulated public access to and along the shorelines consistent with legal property rights of the owner. 4.07.02 Policies: A. Residential uses over water shall not be permitted. B. Residential development should not be constructed in unique and fragile areas. 11 C. New residential developments along or impinging upon the shoreline should be permitted only where sanitary sewer facilities are available. 0 Residenti l--structures„ear the—shorelines shall set bank from the waters edge at least twenty (20) feet 1 ED. Future shoreline subdivision and planned unit developments (P.U.D.) should provide regulated public access to and/or along the waters edge. G . New residential developments should optimize utilization of open space areas. #F. All further development on the shorelines of May Creek east of FAI-405 right-of-way and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31 st Street on the south, abutting City-owned wetlands in this area, and for that'portion of H:/PLN/AMENDS/1997/CMPISSS.DOC 6 I ' 11/06/97 II the west(side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1. Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405 right-of-way and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st treet on the south, abutting City-owned wetlands in this area,' an for that portion of the west side of the Creek in the vicinity:of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be left in an undeveloped state.as.much,as possible. I I � H:/PLN/AMENDS/1997/CMPISS8.DOC 7 11/06/97 • /• --:-: .--s-, 1 . ---------/—,..,, 1 I, 1 -1- 1 ---1 _hi( -•- ...1 _,- . -E.-I tr" ,........ 7.., .\/...... _7() ....„2,1.•ilialdt-17 1 . .P49# t • --- -- ---Vii'—( -•.. n ___ _ i _,..„,,,,, _ ,___ :_._ ft r _if — — —�'v _ 1 1 -----...;.•___—: . j........._ . r_, rk .......0 .7-1i d ?...2 tit n._ ..._. • •D 0 )). M ""(7) 1 j-T li, ) . • 1:1.---1•••••••••*****i". rn In . ;• '1. _11.41 L.!. _ i E , : ,.. :.-.. 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SW 43rd St. inn rap. 0 ,f, Efi,.....",„ ) '4Lit —her I ' 111111 II am - c al.,- ipa 7,1 , ......7 A K S IB2nd 1 r ...,,,_ _ _ _ N---\\ 7 .p`P Anil' rTh - . E — . •,,. no •-•--,n, i i 451 • 1 Y.. L.) csi r Y , U Urban Environment • • z c, 0 . , C Conservancy Environment tgAIN. P ANNINO/BUILDINO/PUBLIC WORKS 0 1000 .2000 a: ,,,,_ 1 E. • - ' itoOnlo,D.VIsnookl,IL Dotson iiii • 1 • at,"46W- Wetlands • ‘4 • ..% Januory 1994 1 15 1:12000 —-- Shoreline Boundary . r — — City LIMII8 5 1 . ' . Vole: This map depicts the approximate location of the Suringbrook Creek shoreline boundary and associated wetlands governed by the Renton Shoreline Master Program kolicalion of the Renton Shoreline Master Proaram to a orooerlv is determined on a sile-soecific basis by the - Development Services Division utilizing the regulations and definitions in the Program and any site•speciroc environmental analysis .. i 1 I ATTAC NT B I � COMMENTS AND RESPONSES PROPOSED SHORELINE MASTER PROGRAM AMENDMENTS 1997 PLANNING DIVISION ` 'i"'t• WY nc 4P AITCMI u.• . ryf n EP 1 5 1997 ' IY?" STATE OF WASHINGTON 1 CEIVED ED DEPARTMENT OF FISH AND WILDLIFE 16018 Mill Creek Boulevard•Mill Creek, Washington 98012•(206)775-1311 FAX(206)338-1066 I eptember 12, 1997 • •ebecca Lind , ! ity of Renton Planning Department 00 Mill Avenue South enton, WA 98055 I Dear Ms. Lind: hank you for the opportunity to comment on the 1997 draft Comprehensive Plan and Shoreline aster Program amendments. The purpose of these comments is to help ensure that the City of iienton's policies and regulations will meet the requirements and the spirit of the Growth anagement Act (GMA)with regard to fish and wildlife protection. I understand that these ocuments will undergo a more thorough review and update in the near future. Some of the Concerns stated here may be more appropriately addressed at that time. I — • Wetland mitigation.I Proposed Comprehensive Plan amendment#5 (Policy EN-13) would make.enhancement of existing wetlands an acceptable mitigation option for wetland destruction. Wetland enhancement would apparently be done only in DFW-1 conjunction with wetland creation and restoration, mitigation ratios for which would then be reduced from their normal levels. While wetland enhancement can be a viable mitigation tool, it is very important to exercise care in choosing which enhancement projects to approve. Poor projecIts may do little to "enhance"the natural fish and wildlife attributes of wetlands, such as amphibian breeding and rearing habitats, and may do more harm than good. It is also important to remember that mitigation efforts have a historic success rate of less than 50 percent, and even successful mitigation projects may take decades to replace the lost attributes of the destroyed wetland. In order to ensure that Renton's established"no-net-loss"Wetland policy is achieved, mitigation ratios for wetland creation and restoration must not be • reduced by an excessive amount, and strict performance standards need to be required for all mitigation projects. • Sensitive areas protection. Proposed Comprehensive Plan amendment#5 (Policy EN-57) states clearly that all sensitive areas will be protected, not just those that have been DFW-2 previously identified and mapped by the city. This is a very appropriate clarification, which will help protect sensitive habitats. This is especially true for smaller, more secluded sites. These often have great value as wildlife habitat, especially in urban areas. 1 . i • • New water diversion construction. Section 2.03.01 K of the Shoreline Master program states that operation; maintenance or construction of canals, reservoirs, etc. in Shoreline environments will be exempt from permit requirements if they are for irrigation purposes. No distinction is made between activities in urban, conservancy and natural environments. While normal operation and maintenance of existing structures is often exempted from permit requirements, this is certainly not true of new water diversion • construction. Actions such as irrigation diversions have a significant effect on the - FW=3 natural hydrologic cycle of these rivers, their riparian habitats, and the salmon and other aquatic life that are dependent on healthy river systems. The GMA.also requires counties and cities to "give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries" (RCW 36.70A.172). ,Thus, construction of new water diversion structures should certainly be regulated in all shoreline environments, not allowed in Natural or Conservancy shoreline environments — • Residential development in Conservancy shoreline environments. Section 5.03.02 E of the Shoreline Master Program provides for low-density residential land use in Conservancy shoreline environments. To help prevent-over-developments in-these areas, it would be helpful to specify a maximum allowable residential density. Perhaps DFW-4 dwelling unit/5 acres, which seems to be a standard maximum density for non'urban residential areas. Thank you again for the opportunity to comment on these proposed changes. We wisa you uccess in adopting measures that protect the natural features Renton currently enjoys and we ish to assist you in these efforts any way we can. If you have any questions about these (comments, please feel free to call me at 425-379-2308. incerely, 1 a je joiettaiu,...:;b4 ark Goldsmith abitat Biologist cc: Ted Muller, Washington Department of Fish and Wildlife Steve Penland, Washington Department of Fish and Wildlife Shane Hope, Washington Department of Community, Trade and Economic Devel.pment ' j I I I ' . 1 I I I 1 RESPONSE TO COMMENTS 1 DEPARTMENT OF AND WILDLIFE 1 )FW Comment 1 I i e comment is noted. As stated in the issue paper, wetland enhancement would only be allowed in onjunction with wetland creation or restoration to maintain our no-net-loss policy. Mitigation projects 0 e currently subject to performance standards in the Wetlands Management Ordinance. ' I FW Comment 2 • i I 1 e comment is noted. ;I I FW Comment 3 ' .ection 2.03.01K of the proposed Shoreline Master Program amendments includes an exemption from e Shoreline Master Program substantial development permit process for irrigation canals, waterways, ains..or reservoirs....This.exemption_is statutory and is foundin.the•.State,Shoreline.Management Act 'CW. 90.58:030(3)(e)(viii)]. The amendment.maintains consistency with the .State..law.,: Although ese uses would be exempt from the permit process,the exemptions require;exemption certificates, and e proposal still must be consistent with the Shoreline Management Act.and the Shoreline Master 'rogram. The City is authorized;to condition these proposals. Refer to Section 2.03.02 1 FW Comment 4 e.City has implemented Comprehensive Plan and Shoreline Master.Program policies I and regulations d established low density'zoning in sensitive areas. The Renton Zoning Code determin is specific a ensities. In general,there is a correspondence between the Conservancy shoreline designation and the 'esource Conservation district of the Zoning Code. The Resource Conservation zone allow densities .f 1 dwelling unit per 10 acre . In Section 7.14.01.0 of the Shoreline Master Program!the Residential •evelopment standards indicate that "Density shall not increase beyond the zoning density outlined in the Renton Comprehensive Plan and Zoning Code." 1 , . I „ j II I � ' , I , I DFWRTC.DOC\ 1 I 01/31/199', 00:27 360-753-2950 DCTED GROWTH MRNT 1II, , I PAGE 01 I ' ,. .TA? . 0•. a•..8 ' a'' , 1 . . nor I . ma STATE OF WASHINGTON IDE nARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELI PMENT i 906 Columbia St. SW • PO Sox 48300 • Olympia, Washington 98504-8300 • (360) 753-2 21 r • I' . 1, October 31, 1997 • !' ,ITh- Honorable Jesse Tanner, Mayor I'Cit of Renton , 20 6 Mill Avenue South Re ton, Washington 98055 ' De-r Mayor Tanner: 11 Th-nk you..for.sending us your proposed 1997 Renton Comprehensive Plan ancd Shoreline ,Ma ter Program (SMP) Amendments. We recognize the substantial investment of• ime, ,ienel gy, and resources that these documents represent. 1, 1 I jThi package contains our comments, concerns, and recommendations. In additib , we Iha a enclosed comments from the Washington Department of Fish and Wildlifie '. e would 'hike to commend you here on some exemplary items, and then identify some of'our ;con erns. We especially like the following: • • 1 ;Amendment 1 - Capital Facilities Element . '. ' c) i+ The proposed text changes to the Capital Facilities Element to include the findings and conclusions of the monitoring report prepared for the City by Stalzer and Associates. • • The report evaluated the City's Capital Facilities Plan (CFP) and determined ter was ' not a need to adjust the growth forecast or the number and timing of capital facilities. The basis for this.conclusion is provided in the narrative. In addition, the purchase of the new municipal building is reflected in revised Table 12-1 . We commend the City • or its efforts to keep,the Comprehensive Plan current. , . le e encourage the City to act on the recommendations identified as a result of he onitoring report. We endorse-the recommendation to adopt a review strategy which ' ncludes annual monitoring of the City's growth and level of service perfor i anc and ntegration of•the.1998 CFP review with the City's capital budgeting process. I ddition, provide analysis and consideration of amendments to the Housing Ellernl ent uring the 1998 CFP review effort, to ensure that the mix of single family an multi- family households is consistent with actual forecasted growth and the Growth Management Act ,i , :I , 1 • • i; 1 0 01/31/1 95 00:27 360-77:?950 DCTED GROWTH IT PAGE 02 li he Honorable Jesse Tanner October 31, 1997 age 2 ! , . I mendment 8 - Shoreline Master Program Policy and Regulation Amendments; , • The proposed text changes to the SMP would update terms with the.current official i language of the Shoreline Management Act (RCW 90.58.030). This will proyide clarity and is significant for determining the context of how: a specific term is applield. I, The overall technical changes are beneficial in making the SMP consistent th the Shorelines Management Act. For example, your SMP now states the appeal period for shoreline permits is 21 days "from the date of filing," and-appeals are made to the Shorelines Hearing Board. I • mendment 10 - RS to RR in May Valley Prezone • This-amendment to the Comprehensive Plan Land Use Map would change',the May Valley Prezone from Residential Single Family to Residential'Rural.:.Thelexisting capacity for the proposed area rezone would change capacity from 47 new units to a capacity of 13 new units. The proposed zoning would be consistent withit le draft May Creek Basin Action Plan which indicates to maintain the existing zoned densities in areas that drain to May Valley. Additionally, the amendment would be;cans'stent with adjacent and current King County zoning. We have some concerns that we recommend you address when you adopt your mendments. They are as follows: mendment 5 - Environmental Element Policy • Policy EN-13 would be amended to allow wetland enhancement as a possible mitigation ' option for a development that may impact a wetland. We acknowledge the state Model Wetlands Protection Ordinance provides "enhancement" as an option in addition . to restoration and creation. . 11 We rely on other state agencies for expertise in certain issues such as wetl nd N mitigation. We concur with the Department of Fish and Wildiife's comment , more '. .• specifically that "...it is important to remember that mitigation efforts have a historic w success rate of less than 50 percent, and even successful mitigation projects may take decades to replace the lost attributes of the destroyed wetland." Addiiona'ly, "...strict performance standards need to be required for all mitigation projects.";.We lope you give consideration to their comments; which are enclosed, in full detail, • I i' , 01/31/1 95 00:27 360-7 2950 DOTED GROWTH --AT PAGE 03 • he Honorable Jesse Tanner ctober 31, 1997 age horelline Master Program 1 Section 5.03.02 E - Conservancy Environment . We understand the "low density residential" designation is in reference to the Zoning Map designation of Rural Conservation, which allows a maximum of one's dwlling unit co per ten acres. We commend the City for providing an effective zoning designation to preserve these sensitive areas. However, the SMP needs to indicate the maximum ci density that is intended, to show it is consistent with the City's Comprehensive Plan, cam, • Zoning Code, and Critical Areas Ordinance. ! o With respect to the remainder of the proposed Comprehensive Plan and SMP amendments, we think you have accomplished some exemplary work, and find no inconsistencies with I our adopted plan or with the land use provisions of the Growth Management Act. ° ongratulations to you, your staff, and involved citizens for the good work your draft amendments embody. If you have any questions or concerns about ourcomments or any other growth management issue, please call me at (360) 753-2951, or Ike Nwapkwo at 360) 586-9118. We look forward to receiving your adopted Comprehensive Plan and •MP amendments and extend our continued support to the City of Renton !in ac sieving the •oals of growth management. Sincerely, Alf . Michael J. Nowak • Growth Management Assistant Planner Growth Management Division MJN:mb 1 Enclosure cc: Mark Goldsmith, Washington Department of Fish and Wildlife Mike Katterman, City of Renton, Planning and Technical Services Manager i • • • RESPONSE TO COMMENTS I 'il DEPARTMENT OF COMMUNITY,TRADE,AND ECONOMIC DEVELOPMEN D TED Comment 1 e comments are noted. D TED Comment 2 e.-,comment.is-noted. As.stated in the issue_paper, wetland.enhancement would only be all wed in c•njunction with-wetland creation or restoration to maintain-our-no-net-loss,policy. Mitigation, rojects • - ...a - currently subject to performance standards in the Wetlands ManagementOrdinance. D TED Comment 3 e City has implemented Comprehensive Plan and Shoreline Master Program policies and re lations • • d established low densityzoningP sensitive areas. The Renton ZoningCode det grnni es specific • d:nsities..._In.general;there.is.a.corres ondence between_the..Conservanc .shoreline.,desi tion and the , n. ct of..the Zoning Code.••The'Resource-,Conservation 2one.: ens es - o i 1 dwelling unit per 10 aces.-In Section 7.14.01.0 of the Sho el'a Master p ogres 1 ws: ide tial e.Residential :d=velopment standards.indicate that "Density shall not increase.beyond.the zoning,densitY:.outlined in . th--Renton Comprehensive Plan and Zoning Code." • • D'WRTC.DOC\ 2 0,SThTF o PLANNIN "f G DIVISION . • ;_ _ ) _f CITY CIF RENTON 4 188945' MAY 2 71997 STATE OF WASHINGTON RECEIVED DEPARTMENT OF ECOLOGY Northwest Regional Office, 3190 - 160th Ave S.E. •• Bellevue, Washington 98008-5452 • (206) 649-7000 May 23, 1997 • 1 Lisa Griueter City of Renton Planning Department 200 Mill Avenue South Renton,WA 98055 Dear Ms.Grueter: Re: Shoreline Master Program Amendment Res.onses in italics below Thank you for the opportunity to comment on your shoreline master program(SMP) amendment. In part because a comprehensive rewrite is planned in the near future,I have tried tcreview the document in a limited context. However,I am compelled to make some s ggestions that may be outside the intended scope of this amendment. Some of these s1ggestions may be easily incorporated,others you may wish to postpone. The comm nts here,or the lack of,do not in any way limit future comments or imply appro al of any portion of the existing or proposed master program language. Reviewe,i context of words, RCW 0.58.030 has specific definitions for the terms"shorelines","shorelands", and t 'ed to change "shore Ines of the state",and"shorelines of state-wide significance". In general appropri tely. Changed thioug out the document,you have chosen to use"shorelands"to replace the old phrased "shorelines of the jurisdi tion term"wetlands". The proper term to use in order to include all of the City's City" to "shorelines of the jurisdilctional authority would be"shorelines of the state". Less precise terms that are State.r' somet'mes used to convey the same meaning are"shoreline jurisdiction","the state's shorel nes",or"the city's shorelines". Obviously,depending on where it is used,the impo ance of applying the proper term can be critical. • Changed to OHWM for • Refere ces should be made from the OHWM instead of"water's edge" throughout the measurement ofsetbacks. doe ent. _ Part of Sensitive Areas Setba ks & buffers are critical in protecting habitat and preserving aesthetic qualities of Ordinance discussion. This the state's shorelines. The Department of Fish and Wildlife and Department of Ecology can be addressed in larger (department) have suggested guidelines which are based on "best available science" in update of SMP. . protecting wetlands,streams,rivers,and lakes. I 1 -1` 0 Lisa Grueter , May 23 1997 Page 2 . I CW 36.70A.172 Critical areas--Designation and protection--Best available science to be used. (1)In designating and protecting critical areas under this chapter,counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition,counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. (2)If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision,a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas. In Igen ral,at a minimum,anything less than fifty feet is of no value in this regard. Langu ge should be include in your SMP,consistent with your Critical Areas Ordinance (GAO and Comprehensive Plan,that meet state guidelines. Setbacks need to be I established for all new development consistent with these buffers. When possible, existinT development should be encouraged to create buffers where they do not exist. Permitted uses byenvironment should be should be established. This can easilybe done^ in'a m I trix format. Along with the allowed use,the type of permit required can be Wait for larger SMP update. indica ed. I Sugge ted changes by page number or section are: Sentence clarified. Pg.2,last paragraph-Appeals can be made by anyone,not just the Development Services Division. 2.01 -Here and elsewhere in the SMP,"substantial development"should be Reviewed context and made replaced by"shoreline"in order to include all threetypes of permits. . appropri to changes. P 2.09.02-RCW 90.58.180 clarifies that the appeal period is 21 days from"the date 1 of filing". Appeals are made to the shorelands hearings board. Within seven days Changes made. of the appeal,the department and attorney general must get copies of the appeal., 2.10.01 -WAC 173-27-080(3)sets the daily penalty at up to one thousand dollars• Changes made. a day. 3.02-This section is in reference to"shorelines of state-wide significance". Changes made. 3.04-This section should include the jurisdiction chosen by the City as being two • hundred feet from the ordinary high water mark(OHWM)or floodway....as Changes made to definitions. Propose adding State definition pf floodway, which in most c ses would be less restrictive than FEMA definition because most regulated water bodies have n d channels. To well-d Lisa Greeter f May 23 1997 deternune what area is under Page 3 the;jurisdiction of the SMP, the'measuHment will be 200 feet from the OHWM or pposed to the entire floodplain. It should be made clear which floodway floodway, whichever is definition is being used,the department's or FEMA's. greater. Address n Sensitive Areas 4.07.02 B.-Although defined loosely in Section 9,Definitions,"unique and j fragile areas"need to be clearly defined and delineated. Their connection to Ordinance, and wait for critical areas needs to be explained. Ideally,the term should be replaced by larger SMP Update. 'critical areas"and the CAO should be adopted by reference or incorporated irectly into the SMP. Residential development,if allowed,should be required to._ itigate in critical areas. Wait for larger SMP Update to address boat launching. 7.03 -Boat-launching ramps should be discouraged(better yet prohibited)from 'single family residences. g Need for variance clarified. Address other critical area 7.0.05.02- It should be made clear that a reduction of the setback is through a issues iri Sensitive Areas shoreline variance. The setback distance of 50 feet should be changed to reflect Ordinance and larger SMP the rating of the stream or wetland. For commercial uses that are not water- update. related,public access or habitat restoration should be greater than water-related uses. I ' 7.07.01 A.- The same idea for public access/restoration as above should be .1 Wait for arger SMP update. incorporated. Wait for larger SMP update. 7.07.02-This sentence should be replaced with language consistent with a commercial structure setback. Wait for larger SMP update 7.11.01 -Public parking needs setbacks from the OHWM. Wait for larger SMP update 7.12.02 B.-How many people"need"a dock or pier? The criteria for need toi address need for docks. should be established or the sentence removed. Wait for larger SMP update 7.12.08 A.-Although it is probably too late in the case of Lake Washington, to;clarii preference of docks ideally floats and buoys should be"encouraged and preferred"over"may be versus(oats and buoys. allowed". The"need"for a dock then would be applied and make sense. Need for variance clarified. 7.12.05 -Should be made clear if a shoreline variance is needed. Changes made to say • 7.14.02-In order to not imply"not normally allowed",the sentence should say prohibited. that floating residences are prohibited. Address in Sensitive Areas 7.16.03 -Stronger language needs to be included that protects habitat. Ordinance, and wait for larger SMP Update. I _ . I Lisa Gr i eter May 23 1997 • Page 4 I � WAC cite . 02-This section should site WAC 173-27-170 for the criteria in satisfying a iiariance. WAC cite . 8.03 -This section should site WAC 173-27-160 for the criteria in satisfying a onditional use. WAC cite . .04 A. -WAC 173-27-130 needs to be incorporated here. 1 Definition of"should"added ection 9,first paragraph-Include"should". J nclude"BUFFER: A parcel or strip of land that is designed and designated to Definition of"buffer"added. permanently remain vegetated in an undisturbed and natural condition to protect Ian adjacent aquatic or wetland site from upland impacts,to provide habitat for wildlife and to afford limited public access." Definition of "setback" Include"SETBACK: A required open space,specified in shoreline master added.' programs,measured horizontally upland from and perpendicular to the ordinary high water mark." I 9.07-Change to: "BULKHEAD: A vertical wall constructed of rock,concrete, Definition of "bulkhead" timber,sheet steel,gabions,or patent system materials. Rock bulkheads are often changed. termed"vertical rock walls." Seawalls are similar to bulkheads but more robustly constructed." Definition changed.. 9.35-Do not limit this to the City of Renton so as not to conflict with the RCW J 90.58 definition. Changed'to Shorelines of the Include the definition for"Shorelands of the state"and"shorelands". J State., Have shorelands def. 9.40-See RCW 90.58.030(3)(e). (fl 1 f Modified de inition o 11 substantial development. 9.34-This needs to be limited to the City's choice of jurisdiction. See comment at top of Page 3. Again thank you for the opportunity to comment on the document. If you have any questions,please do not hesitate to contact me. Sincerely, • -C-21:-'74), Robert J. Fritzei Shore ands and Water Resources • RF:rf • I � I � 0.•St 4.OA . /69y • PLANNING DIVISION ' CITY noon i n rnni STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AUG 2 0 1997 Northwest Regional Office, 3190 - 160th Ave S.E. • Bellevue, Washington 98008.54a'��6GEJ EEO �f I' • Aug st 19, 1997 . I I Lis Grueter-Senior Planner ICit of Renton 1200 Mill Avenue South Renton, WA 98055 IDea Ms. Grueter: 1Re: SMP Amendments Definitions added of water- Ric Huey of our Toxics Reduction Program reminded me that the City's amendment has orientd, water-related, and I bee motivated for the most part by the potential Port Quendall Development. Because I water-enjoyment in Section 9. did of review your proposed changes with this specific project in mind,we thought it 'Revie'ed terminology I mi ht be worth everyone's time to quickly go over the City's proposed amendment in throughout to determine relation to the shoreline permits that will be required for both the development itself and appropriate use of terms in the mitigation that will be required. remaining sections. Use of • significant public access I As example,the City's definition of"water-oriented or water-related"is: Referring to instead of reasonable public I uses, activities or facilities which are not necessarily water-dependent but still access distinguished for Lake incorporation their design some kind of advantageous use of the water,for example, , Washin gton as a Shoreline of wa kways or view windows. Statewide Significance. Alt ough not yet in WAC,the department's definition for similar terms are: II Water-oriented-Refers to any combination of water-dependent,water-related, • and/or water enjoyment uses and serves as an all encompassing definition for priority uses under the SMA. Non-water-oriented serves to describe those uses which have little or no relationship to the shoreline and are not considered priority II uses under the SMA. Examples include professional offices,automobile sales or • repair shops,mini-storage facilities,multi-family residential development, department stores and gas stations. Water-related-A use or a portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: Ci i I 1 Lisa rueter ' Aug st 19, 1997 1 Page 2 1. of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water or, 2. the use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost,professional services serving primarily water-dependent activities and storage of water-transported foods. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants,gravel storage when transported by barge,oil refineries where transport is by tanker and log storage. Water-enjoyment-A recreational use,or other use facilitating public access to the shoreline as a primary characteristic of the use;or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include,but are not limited to, parks,piers and other improvements facilitating public access to shorelines of the state;and general water-enjoyment uses may include but are not limited to, restaurants,museums, aquariums,scientific/ecological reserves,resorts and mixed-use commercial;PROVIDED,that such uses conform to the above water- enjoyment specifications and the provisions of the master program. Rel.ted to this is the language in RCW 90.58.020(7)which allows non-water oriented co mercial development to occur on shorelines of statewide significance: "...and other I dev lopment that will provide an opportunity for substantial numbers of the people to I enjoy the shorelines of the state." The City's suggested new language that allows for I co mercial development in this situation refers to"reasonable public access". I If y believe a meetingwill be useful please contact me at(425)649-7274. Thank you. you � I Sincerely, 4(4L • I Ropert J.Fritzen Shorelands Planner :rf I 1 I PLANNING.DIVISION • • .61.A.Te..i. (ITV(1t ocNTON =i== SEP 1alt '5 1997 P��,� .. b,lees a6v • RECEIVE • STATE OF WASHINGTON • DEPARTMENT OF ECOLOGY • l\iorthwest Regional Office, 3190 - 160th Ave S.E. • Bellevue, Washington 98008-5452 • (206) 649-7000 I • September 11, 1997 I . Lisa Grueter-Senior Planner City of Renton •. • 200 Mill Avenue South Renton, WA 98055 . Dear Ms.Grueter: Re: SMP Amendments .After our conversation yesterday,I thought I would follow up with another letter to clarify my ^ 1 (concerns. Definitions added of water • - oriented, water-related, and IAs I stated in my previous letter,the department categorizes uses relative to water dependency I water-enjoyment in Section 9. Isom what different that the City's SMP. Although not yet in WAC,they are based on Shoreline !Reviewed terminology • Hea ings Board decisions(see"Shoreline Management Guidebook"pages 362-368). ,throughout to determine Unf rtunately,as you have pointed out that these dependency categories are not part of this ,appropriate use of terms in (amendment. However,amended language related to this subject is being proposed. Under ' 1 remaining sections. Use of I".Commercial Developments",a non-water-oriented use is prohibited on Lake Washington unless significant public access "reasonable public access to and along the water's edge"is provided. The department highly instea of reasonable public !suggests that"reasonable"be replaced by"significant". This change is in line with departmental Igui ance material("Shoreline Management Guidebook"), Chapter 173-16-060-4(a),and RCW access distinguished for Lake 90. 8.020. In addition,RCW 90.58.090-4 requires the department to approve segments of a Washington as a Shoreline of master program related to shorelines of statewide significance only after determining that Statewide Significance. 1"opt!imum implantation"of the Shoreline Management Act has been achieved. 1 — See Section 8.02.06. This previously added An they issue which is worth mentioning relates to the variance process. The City's SMP talks was 8. y in abo t the variance process for reducing setbacks for commercial uses but fails to reference the respo'ise to DOE comments in I crit riastated in WAC 173-27-170. Since this portion of the SMP is also being amended,it is Mary 1997. I sug ested that the WAC be referenced in order to add completeness to the variance process. r Th nk you for the opportunity to comment on your amendment. 'I . '1 Sin erely, . �/ZQ �- ! r . p Robert J.Fritzen Shoreline Planner . • RFrf II I' 1 I 1 1, CITY OF RENTON 1 PLANNINGBUILDING/PUBLIC WORKS; MEMORANDUM , DA : August 5, 1997 1 TO: Planning Commission Members FRO : Rebecca Lind' ST F CONTACT: Lisa Grueter(ext. 5578) ; SUB CT: Boeing Comments Regarding Amendment#8-Shoreline Master Program Amendments AI tta hed is a copy of The Boeing Company's formal letter providing;cordments.':regard regarding the prop sed Shoreline Master Program(SMP) Amendments. The first five comments were s ed in a emo to you provided on July 30, 1997. The sixth comment is new regarding a policy in the pub c Access section of the 'SMP. Staff has proposed minor changes in Section 2 Procedur s in resp nse to the comments. The newly revised sections are attached. .Responsesi to the commen are pro ded below: Res l onse to Comment 1 1 The ity received preliminary comments from the State Department of Ecology(DOE) in May 997 that ' Section 2.01 and elsewhere that the term "substantial development" should be replac by ¶I`sho eline" in order to include all three types of permits (shoreline substantial developmenti permits, shor-line variance permits, and shoreline conditional use permits). Based on this the SMP al men ! ent pac 4•ge presented to the Planning Commission changes the references as needed: 1 1 ,, Bas:• upon comments from The Boeing Company, a review of terminology was made to determine if the .ppropriate terms are used. The title of Section 2.02 is now changed to say;"Shoreline Permits" inst..' of "Substantial Development Permits" since the provisions include procedures for appl'cations,notices,bonds and other items that apply to all three types of shoreline permits: , Ices onse to Comment 2 i The comment is noted. Section 2.05.01B has been• clarified to indicate that if standard'permit expi ation dates are not used, the City shall establish other appropriate expiration dates. The:section refe ences in subsection C have also been corrected. 1 I 1 11 i! 1, 1 Response to Comment 3 The comment is noted. Section 2.05.04 has been clarified regarding the effective date• of permits. Amendments to the State Shoreline Management Act, clarifying the effective date of a permit; rec ntly werr enacted and became effective on July 27, 1997. The new language from RCW 90.58�l43(4 has 'bee incorporated. I I ' 1 ,I 1 1 I! • August 5, 1997 Page 2 , : • i Res onse to Comment 4 i I 1 The comment is noted. 'Section 2.05.05 has been modified with a new paragraph B to'reference Ilan age from the State Shoreline Management regarding construction authorization after revi=w of an ppeal by the Shoreline Hearings Board. Res onse to Comment 5 III Th intent of Section 2.08 is provide guidance regarding recision of permits. Section 2.08.04 has been modified to strike the words"or modified"in the first sentence. ` Re ponse to Comment 6 j ' • � I �To change the policy or definition of high-rise is a major policy decision which would be getter ad essed at the time.the City prepares its Shoreline Master Program Update which will berequired' wh n the State DOE.prepares new Shoreline Master Program Guidelines. r New guideline are expected in 1998. 1 It should be noted that the policy restricting high-rise construction (defined as 'structures greate than 75 eet in height)in the shoreline was in place at the time of the Boeing Plant1roductioni Exp l Sion 19 9-1990 EIS. Other portions of the Boeing planned expansion have been completed,but!as•no ed in Th Boeing Company letter, plans for the high bay assembly building are on hold. Based upon inf rmation in the Draft EIS, a small portion of the proposed building would lie within the 20 o foot shoreline jurisdiction near Lake Washington. If construction plans are submitted, the applicabi 'ty of Cityregulations will be determined as well as the suitability of any existing enviro ental do umentation. it BNGRES.DOC I . I 1 , it FROM :206 234 225S 206 234 2255 1 08-0S 09: 10 #716 P.01/02. The Boeing Company, Fax Leader No.of Pages Z Todayr.Date 0rgn.No To / :� / lV I kmastup From - 7 _ yMailstop ,Campany [ l7 ©lop � / /—ox.J Company �! �/C/_—/tJ Location ` Location 1llldp.No. att Fax No. z 7 2 4 et 5 5 Telephone No. Fax No. ' i Telephone No. ' 5_//7 l 'Comments Original 1 . _Disposition: Destroy ❑Return QI Call for pickup 'I The Doming Company , , P.O.Box 3707 Seattle.WA 98124-2207 i August 5, 1997 • Ms. Lisa Grueter ' Planning Department • • City of Renton • 200 Mill Avenue South Renton, Washington 98055 . Afir®�A Subject: Shoreline Master Program Amendment Dear Ms. Grueter: The Boeing Company would like to thank you for the opportunity to review your proposed Shoreline Master Program Amendment. It was gracious of you to allow us to comment before the document is released for public review and comment. Upon review of the document,we support the content and direction of this document. The following are some sections that may need clarification. ' ' 1. Throughout the document reference is made to the Shoreline Substantial Development Permit but it is referred to as a "shoreline permit" and a "substantial development permit". The actual name of this permit should be used consistently throughout the document. ' 2. Section 2.05.0] B. Applicability and Modification at Time of Approval. The paragraph states "The Development Services.may adopt , time limits " . WAC 36.70E states that specific time limits must be adopted. I understand that you were referring to less restrictive time limits. Perhaps this paragraph could be restructured'uto clearly state that intent. 3. Section 2.05.06 Effective Date. The last sentence refers to "th expiration of a permit shall be based on the shoreline permit". State and' ' Federal permits are separate from local jurisdictional permits,with the expiration date set by the issuing agency. I understand the intent of this . . paragraph is to remind the applicant to coordinate'With the city' concerning other permit time limits. Perhaps the section could be reworded to clarify this intent. , 1 1 - FROM 1206 234 2255 206 234 2255 1' .08-05 0i9: 11 #716 P.02/02. Page 2 i 4. Section 2.065.0305 Review Period - Construction Authorizati'n. This section's language could give the impression that construction . could not begin until all "review proceedings" are completed. purr ntly, construction can now begin if the Shorelines Hearings Board lias , ed • favorably towards a project. Perhaps this section could be reworded to reflect this intent. 5. Section 2.098.04 Public Hearing. In this section it is stated that BOEB G hearing by the Hearing Examiner is required if a Shoreline Substantial Development Permit is "modified", even if a hearingwas not necessary to obtain the permit. If a project is modified substantially,it should go back through environmental review. Why is the Hearing Examiner _ } involved ? The term "modified" should be dropped or a specific definition of"modified should be included...If a definition of , !' "modified" is included wording should reflect a specific threshold that would require a further Environmental Review or a hearing. j, 6. Section 4.04.02 Public Access Element paragraph I. "High)- rise structures on the shoreline shall be prohibited". This paragraph,should address existing industrial development. The Boeing Company, in our ,j 1989-1990 Expansion E.I.S. proposed to build a high bay ass'er4 Boeing bly building within 200 feet of the shoreline. paid mitigation to the I city to do so. Plans are still on hold to construct this!,building Would this paragraph prevent Boeing, or any other company in a similar ! situation, from building in an industrial zone. Perhaps a separate • , paragraph on industrially zoned areas should be included. i, • Thank you for your consideration and attention in reviewing our comments. If you have any questions as to the content of these comments please call me at 965 1170. • i it 1 • i, Paul B. none 11 j Senior Environmental Planner Facilities Central Region The Boeing Company i' P.O. Box 3707 M.S. 63-01 !, Seattle, Washington 98124-2207 j SECTION 2. PROCEDURES 2.01: INFORMATION PRIOR TO.SUBMITTING APPLICATION ;' i Prior to submitting an application for a shoreline 'permit or an exemption from a shoreline permit, the appli Int should informally discuss a. proposed development with the. ! • Development Services Division. This will enable the applicant to become familiar with the requirements of this Master Program, Building and Zoning procedures, and e 1forcement procedures. I ; 2 02 SUBSTANTIAL-DEVELOPMENT-SHORELINE PERMITS 2.02.01 Application Forms and Fees f I No substantial development shall be undertaken on shorelines of the City;' ithout first obtaining a " shoreline permit'-' from ,the =- - _ - - _ _ Department Development Services Division. Applications for such permits sha I be made on forms, and in-a-reviewed according to procedures prescribed by the ' ' Zoning Department Development Services Division. :Application forms may e revised 1. from time-to-time by the. Development Services Division without prejudice to any existing applications...Such forms should be designed to obtain ' provide such information as is necessary to determine whether such a permit is justified. Applications shall be made]by the property owner, or his authorized agent, lessee, contract purchaser, or other person entitled to possession of the property and, except for applications filed by for on behalf by] the City or other governmental agencies, shall be accompanied by a receipt issued;by the Finance Department showing payment of the applicable fees which are established by the fee schedule ordinance. , , 2.02.02 Publishing Notice and Posting I' . ii Tho applicant shall cause to be publ' Of-publication. , 1 Three (3) copies of the a notice of development application shall be posted prominently ! on the property concerned and in conspicuous public places within three hundred (300) feet thereof. The notice of development application shall also be mailed to property owners within three hundred feet (300') of the boundaries of the subiect 'property. The required contents of the notice of development application are detailed in Section 4-36- i 8(B) of the Renton Municipal Code. ! Each sUGh—notice of development application shall include a statement that persons desiring to present their views to the Building and Zoning Department Development Services Division with regard to said application may do so in ;writing to that Lepartment • Division, and persons interested in the Development Services Division's action on an application for a permit may submit their.vieWs in writing 8/5/97 5 11 • 2.04:02 Additional Information • The Development Services Division may require an applicant to furnish information and data in addition to that contained or requited in the application . forms prescribed. Unless an adequate environmental statement has previously been prepared for the proposed development by another agency, the City's Environmental Review Committee shall cause to be prepared such a statement, prior to • granting a permit, when the State Environmental Policy Act of 1971, wouldlrequire such a • statement. 2.04iO3 Procedural Amendments • In addition to the criteria herein above set forth in this Section, theReii‘4:14astiGpmerit Planning/Buildinq/Public Works Department may from time-to-time promulgate additional procedures or criteria and such shall become effective, when reduced to wilting, and filed with the City Clerk and as approved by the City Council and the Department'of 'cology. 2,0511 APPLICATION TO THE PERMIT SYSTEM TO DEVELOPMENT UNDERTAKE PRIOR TO JUNE 1, 1971 • 2.05'01 • Permit Required • ' I B. Whore there has been an unreasonable period of dormancy in the project ' C. Where the development is not comploted prior to June 1, 973. required fortes stantia velopme. dertak_ten-after I 2.05'02 Phasing • at-the-time-Genstrustien-GerAmenGed7 I, • 2.065 TIME REQUIREMENTS FOR SUBSTANTIAL DEVELOPMENT SHORELINE PERMITS 2.05'01 Applicability and Modification at Time of Approval A. The time requirements of Section 2.05 shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under this Program. B. If it is determined that standard time requirements of Sections 2.05.02 and 2.05:03 should not be applied, the Development Services Division shall adoptlarpropriate time limits as a part of action on a substantial development permit luponl a finding 8/5/97 12 II l r { I , I I . I I I 1 of good cause, based on the requirements and circumstances of the proiect proposed and consistent with the policy and provisions of this Mastei Pro_ ram and • !I RCW 90.58.143. If it is determined that standard time requirement's of(Sections I 2.05.02 and 2.05.03 should not be applied, the Hearing Examiner, Upon la finding 1I of good cause and with the approval of the Department of Ecology, shall establish II appropriate time limits as a part of action on a conditional,use or varia'nc'e permit. I "Good cause" means that the time limits established are reasonably related to the . time actually necessary to perform the development on the grounds arid 'complete f the proiect that is being permitted. I, 1 j, r ij C. Where specific provisions are not included to establish time limits on 'a permit as part of action,on a permit by the City or the Department of Ecology, the time limits in Sections 2.05.02 and 2.05.03 apply. i !I I, j D. Requests for permit extension shall be made in accordance with Sections 2.05.02 • and 2.05.03 below. ; i l !. ' 2,065.' '02 Construction Commencement ; I • II A. Unless a different time period is specified in the shoreline permit:as:authorized by II . RCW 90.58.143 and section 2.05.01 above, 2construction of a-preje'st(activities, 'I or a use or activity, for which a permit has been granted pursuant tol tl-is Master lI Program must be commenced within two (2) years ' 'I by-the-QV of the effective date of a shoreline permit, 'or the shorelines permit 'shall 11 • terminat . and a new perms shall be necessary. MAC 173 14 060(1)} However, the Development Services Division may authorize a single extension for a period not to exceed one Near!based on reasonable factors, if a request for extension has. been filed with the Division iI before the expiration date, and notice of the proposed extension is given(to parties 11 of record and the Department of Ecology. . 'I B. Construction activities or commencement.of construction referenced in subsection , A means that construction applications must be submitted, permits! must be I' issued, and foundation inspections must be completed before the'end of the two II year period. 1 2.065.:•03 Construction Completion , • A permit authorizing construction shall extend for a term of no more than'five (5) years; I1 after the effective date of a shoreline permit, unless a longer period has been specified ,, pursuant to RCW 90.58:143 and Section 2.05.01 above. , If an applicant files a request for an extension prior to q expiration of the shoreline permit i !I (5) years after the approval of the permit, the !! Development Services Division shall, , review the permit and upon a 'I showing of good cause, may extend tho authorize a single extension of the shoreline !I permit for a period of up to one (1) year. Otherwise said permit shall terminate provided, 1 ;I ' 1 Notice of the proposed permit extension shall be given to parties of :record and the • Department of Ecology. To maintain the validity of a shoreline permit, it is the japplicant's el _il I 8/5/97 13 , • • II responsibility to maintain valid construction permits in accordance with adopted Building • ,l Codes. I 2.05.104 Effective Date { 1 , A. • For purposes of determining the life of a shoreline permit, the effective date of 1 a substantial development permit, shoreline conditional use ! permit, or I shoreline variance permit shall be the date 'of filing as provided in RCW • I 90.58.140(6). The permit time periods in Sections 2.05.02 and 2.05.03 do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions, or duelto;the need to I obtain any other government permits and approvals for the development that I authorize the development to proceed, including'' all reasonably related I administrative or legal actions on any such permits or approvals) 1 B. It is the responsibility of the applicant to inform the Development Services Division of the pendency of other permit applications'filed with agencies other than the City, and of any related administrative or legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given 1 to the Division prior to the expiration date established'by the shoreline permit or the provisions of this section, the expiration of a permit shall be based on II the effective date of the shoreline permit. 1 1� , 1 , it C. The City shall issue permits within applicable time limits specified in the Renton Regulatory Reform Ordinance, Chapter 4-36:'of the Renton I Municipal I� Code. ' Substantial development permits for a limited utility extension as defined in RCW 90.58.140(11)(b), or for the construction of I a bulkhead or other measures to protect a single family residence and its appurtenant 1 structures from shoreline erosion shall be issued within twenty-one I(21) days of the last day of the comment period specified in Section 2.02.02.1 2.0I5.'-05 Review Period - Construction Authorization 1 1 A. No construction pursuant to such permit shall begin;or be authorized and no building, grading or other construction permits or use permits shall be issued by the City until thirty—pa) twenty-one (21) days from the date and-granting-of the permit was filed with the Department of Ecology and the hi Attorney General, or until all review proceedings ,;are complete as' were 1, "initiated within the thirty (30)twenty-one (21) days of the date of i filing by the City of Renton. Filing shall occur in accordance with RCW !I 90.58.140(6) and WAC 173-27-130. 1, 1 !I I i 1 1 B. If the granting of'a shoreline permit by the City is appealed to the Shorelines '1 Hearing Board, and the Shoreline Hearings Board has approved the granting' 1 of the permit,.and an appeal for judicial review of;.the Shorelines Hearings I Board decision is filed, construction authorization may occur sublect to the iI conditions, time periods, and other provisions of RCW 90.58.140(5)(b). 2.065.!,06 Transferability of Permit I II- 1 I 1 If a parcel which has a valid shoreline permit is1 s ild to another person or firm, such permit may be transferred to the new owner 1 8/5/,97 a 14 II 'I ii 1 I it II it 2.076 RULINGS TO STATE I I 1 . Any ruling on an application for substantial development permit under autlionty of this Master Program, whether it is an approval or denial, shall, with the transmittal of the ruling . to the applicant, be filed concurrently with the Department of Ecology and the Attorney General by the Building and Zoning Department Development:Services Division. Filing shall occur in accordance with RCW.90.58.140(6) and WAC 173-27-130. !I I 2.097 ENFORCEMENT ; I All provisions of this Master Program shall be enforced by the afd DepaerttDevelopment Services Division. For such purposes, the I Director or his duly authorized representative shall have the power of a police officer. 2.098 RESCISSION OF PERMITS ! 1 I I 1 2.098.0 Non-compliance with Permit Any- shoreline permit issued by the City•under the ter s of this Master Program may be rescinded or suspended by the Development Services Division of the City upon a finding that a permittee has not complied with conditions of the permit.—If the-holder on#e permit-shoo esJ h all-be entitled to.a. hearing before the 1 and Use Hearing Examiner 1, 1 , 2.098.0► Notice of Non-compliance Such rescission and/or modification of an issued permit shall be initiated by serving written notice of non-compliance on the permittee, which 'notice shall be sent by registered or certified mail, return receipt requested, to the address listed on the 1 application or to such other address as the applicant or permittee may have advised the I City; or such notice may be served on the applicant or permittee in person,or his agent in • the same manner as service of summons as provided by law. 11 2.098.'3 Posting 1. I In addition to such notice, the.Building and Zoning Department Development Services Division shall cause to have notice posted in three (3) public places of which one (1) •. posting shall be at or within the area described in the permit. I I 2.098.'4 Public Hearing 1 i Before any such permit can be rescinded-or-modified, a public hearing ffiashall be held at .the permittcc's writtcn rcqucct by the Land Use Hearing Examiner. IS ich written I I. i Notice of the public hearing shall be made in accorfdance with Section 4-36-8(D) of the Renton Municipal Code. I I i 1 II . 8/51'97 ! I 15 I I I I , 1 a 2.098.0 , Final Decision , The decision of' the Land Use HearingExaminer shall be the finial decision of the Cityon all rescinded applications. A written decision shall be transmitted to the Dep rtment of jj Ecology, the Attorney General's office, the applicant, and such other depa ments or �• boards of the City asare affected thereby and the legislative body of the.C,ityJ 2.4009 APPEALS ' • 2.09.01 Shorelines Hearing Board i Any person aggrieved by the granting or denying of a substantial development permit, a conditional use permit and/or a variance on shorelines..of the .City State which are regulated by the City, or by the rescinding of a permit pursuant to the provisions of this Master Program, may seek review from the State of Washington Shorelines Hearing Board._^ppeals _f decisions by the I- and I lse Hearing Examiner must be m mile direcfly to 2.09.02 Filin• , Appeals are made by filing a request with the Shorelines' Hearings Board 'for the same ' within thirty (30) twenty-one (21) days of the date the shoreline permit was filed. Within seven (7) days of filing a petition for i review with the Board, the petitioner shall serve copies ;of such request with the , Department of Ecology and the Attorney General's office as provided in Sectien-49{1}ef RCW 90.58.180. A,;copy of enyl s 1 ch appeal notice shall likewise be filed with the j Development Services Division and the City Clerk of the City of Renton. 1 2.09.0 Limited Utility Extensions and Protective Bulkheads-Appeals - Appeals of substantial development permits, for a limited utility extension as defined in RCW 90.58.140(11) or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion, shall be 1. finally determined by the legislative authority within thirty days. " 2.441I PENALTIES 1 2.1i40.a 1 Prosecution ' I{ i, . Every person violating any of the provisions of this Master Program or he Shoreline ' ij Management Act of 1971, shall be punishable under conviction by a fine nof( exceeding • one thousand '($1,000) dollars, or by imprisonment not exceeding I. ill ninety (90) days, or by both such fine and imprisonment, and, each day's vi lation shall constitute a separate punishable offense. l 2.140.12 Iniunction j, The City Attorney may bring such injunctive, declaratory or other actions as are necessary to insure that no uses are made of the shorelines of the State withinunder the City I jurisdiction which are in conflict with the provisions and programs of this Master Program or the Shoreline Management Act of 1971, and to otherwise,enforce provisions of this Ordinance and the Shoreline Management Act of 1971. 1 8/51/97I 16 ,........ ._ . .,... ekik. CITY OF RENTON v, ------.--,:ti-. .,- ----------•• mall Office of the City Clerk :*-s,A T 7.4-.1/404,-Z...4.r.,-4..-,.....:, —_ =-_--, Li $• 6 • Okitc.0 Ti : t— 41. 21' 1E11 Avenue South -Renton,Washington 98055 cr - __ * 0 .NOY I 8'9 I Of.41,itzi - g 2 9 5 * gLrgiMEW ... 1.i.1 Crl * a_tvr _1*5' .:5' '.7 ,,'.- P'.-E.cihEIV -• _ go.)64 U.S. POSTAGE * 4PQ okr Afil *. A4tra- Ad , (1,41-- Regiof Transit Atithority . - V Tiv iyA 11,, 8A2ettnatt:ec WA wd0 ondA9v8oeli,M/4 Mike, S 151 I ie , I - - - --- -- - -- - - - - 7liT'sj-N.71c OT n,I V ERA a L E ,./.. • • • \ ,,...t.. i,.. 2,...iii -.11-1J;;Jii I al itni-tii.ti•i'irrifill --.... -- . _, _ _- _ _ < , "r".01114,KrirlrOMPeRMIr"Willgrami.:11110 .11111PMillity, --IIIVTrWNMINIROMPOWNIIIIPI 0 CITY OF RENTON - " •-vt,5,,---3-'--1-!---- IA Office of the City Clerk 4.1 G I- 'a II207 47:1 200 Mill Avenue South - Renton,Washington 98055 f:§ t NOV I 8'9 T 0 2 9 5 : ILI cr: 1 t tr.4 9...1 T e 11 P.- - I" L$05Tht II.8. POSTAGE It. — — Patrick Texeira , 1311 S. 3rct Place 1 CITY OF A I,- Renton,WA 98055 r iv Fl 1 ON [ I NO V 2 6 1997 __ _ __ __ RECEIVED CITY I ------ l . :_661 • CLERKSNOSUCH i OFFicE iNUMBER •:-:._.7------,J 7 VA ,(-I)/ • RETURN TO SENDER -k. ..., , , <v.! •-, - -- .JI .iii.i ssrss..s.r.vr.s.ai- ,1- ., I' Ii NOTICE OF PUBLIC HEARING 4 1997 UPDATES TO THE RENTON COMPREHENSIVE PLAN/SHORELINE MA TER PROGRAM otice is hereby given that the Renton City Council will hold a Public Hearing at its regular,meeting on onday, December 1, 1997 at 7:30 P.M. at the Renton Municipal Building, City Council Chambers, 00 Mill Avenue South,2nd Floor,Renton,WA. ursuant to Washington Administrative Code Section 173-26-100, and Chapter 4-19 Of the Renton Municipal Code, amendments to the Renton Shoreline Master Program (SMP) are proposed. Based on recent State legislation, SMP goals and policies are now considered an element of local c mprehensive plans, and other. shoreline regulations are considered a part of local development ' r gulations. The proposed SMP amendments include changes to shoreline policies and regulations hich are intended to be minor. The proposed amendments clarify policies and procedures remove c°nflicting provisions with other City codes and ordinances, and address recent State amendments to the I Shoreline Management Act regarding permit procedures, exemptions, definitions, and other items. In s ary,the proposed changes address: 1 I • Policy amendments to Economic Development, Public Access, Circulation, and Residential I "Elements"of the Shoreline Master Program • Shoreline permit exemptions ;, I • Definitions (wetlands, shorelands, floodway, bulkhead, buffer, setback, water-dependent, I, water-enjoyment,water-oriented,water-related,etc.) • Permit process changes ' '' • Jurisdiction(terminology) 1 • Permitting Roads in the Conservancy designation j' • Water related/water dependent/water-enjoyment developments and public access, 1 • Dredging and landfill ' I' I� • Docks and marinas ', • Public and private recreation , 1 • Residential setbacks ' 1 • Map interpretations/footnotes I tall reports, and draft policy amendments are available for public review at the City s Long Range 'laming Section, Planning and Technical Division, 3rd Floor Renton Municipal Building, F00 Mill I •venue S., Renton, WA, 98055, Monday through Friday 8 A.M.-5 P.M. For further information, 1 'lease call 235-2552. ;, • 1-interested parties are invited to the City Council Public Hearing on December 1, 1997, at I:30 P.M. t• express their opinion. Written comments may also be submitted prior to the Public'Hearing at the I . D ove address. •CPUBHRDOC\ ' I / 1 _ King Co. Soil onservation WA Environmental Council .tod Malcom,Fisheries Attn: Jack Da 's 1100 Second Ave., Suite 102` 1Vluckleshoot;Indian Tribe 935 Powell Av . SW Seattle,WA 98101 39015-172nd Avei SE Renton,WA 9 055 1 Auburn,WA 98002 Puget Sound E ergy. Tim Ransom Renton Chamber of Commerce 620 SouthlGra y Way Puget Sound Water Quality Action 300 Rainier Ave.14. Renton,WA 9 055 Team - Renton,WA'980515 P.O. Box 40900 Olympia,WA 98504-0900 Renton School District#403 Seattle-King Co.Health Services Dept. Seattle Post=lntelligencer 435 Main Ave. S. 110 Perfontaine Pl. -6th fl. 101 Elliott Ave[W. Renton,WA 9.055 Seattle,WA 98104 Seattle,WA 98111 I:' I Seattle Times Eastside Edition. Shirley Lukhang Bonnie Simms P.O. Box 70 Seattle Public Utilities Department of Ecology Seattle,WA 9:111 710-2nd Ave, l lth Fl. P.O.Box 47609 i, • Seattle,WA 98104-1712 . Olympia,WA 98 04-7600 I . I Bill Weibe King County U.S.West 7' Department of Transportation. Wastewater Treatment Div. ' Attn: Cheryl Sanderson • Mailstop'730 i 821 Second Ave,MIS 81 1600-7th Ave.,Room 2512 Olympia, A :8504-7370 Seattle,WA 98104-1598 Seattle,WA 98 Ii �19 I. U.S. Army Co •s of Engineers Secretary's Representative Dennis Ryan,GAUP Seattle Ditric, Office U.S.Dept. of Housing and Urban Dev. University of Washington P.O. Box C-3 55 909 First Avenue 410 Gould Hall,JO-40 Seattle,WA 9 124 Seattle,WA 98104 Seattle,WA'98195 III South County ournal Valley-Medical Center ' - Puget Sourid'Energy P.O. Box 130 400 S.43rd St. Washington Natural Gas Co. Kent,WA''980 5 Renton,WA 98055 ' 815 Mercer Seattle,WA 98�111 1 Puget-Sound Regional Council Regional Transit Authority - , ' -Erik-Fairchild 1 1011 Westem k venue; Suite 500 821 Second Ave,MIS 151 ' Department of Health Seattle,WA 9 104-1035 ' Seattle,WA 98104 P.O: Box 47822 II. Attn: Mike Wold , Olympia,WA 98504-7822 Dept. of Social and Health Services Superintendent of Public Instruction ' j Larry Marti Pain McPartland — - Terry Michalson n p p Vulcan Northwest Inc. P.O. Box 45848 P.O. Box 47200 110-110th 'Ave NE Ste 550 Olympia,f A 198504-5848 ' Olympia,WA 98504-7200 i i Bellevue,' WA 98004 I ' HT� rs — — w City of Kent• L'ity of Tukwila City of Newcastle Planning Dept. I Planning and Building Dept. 6949 Coal Creek liarkway SE 220-4th Ave. S 6200 Southcenter Blvd. Newcastle,WA 98095 Kent,WA 980 2-5895 Tukwila,WA 98188 ,, City of Mercer sland City of Seattle City of Bellevue 9611 SE 36th t. 600 4th Ave. 11511 Main St. Mercer Islrnd,WA 98040-3732 Seattle,WA 98104 P.O.Box 90012 ' Bellevue,WA 98009-9012 1. Ij I 1 K.C. Dept.'of evelopment& Mr.Lloyd Hoshide Laura N.Whitaker Environnien Services 833 Kirkland Avenue NE Perkins Coie, 900 Oakesdale ve. SW Renton,WA 98056 1201 Third Avenue,40th Fl. Renton,WA 9 055-1219 Seattle,WA,98101-3099 11 II r Paul Crane David Halinen PE Sam Pace , The Boeing Co pany Halinen Law Office, Seattle-King'County Assoc. of Realtors P.O. Box 1707 MS 63-01 , 2115 N. 30th, Suite 102 3905 154th Ave. SE. Seattle,WA 98124 ' Tacoma,WA 98403 Bellevue,WA 980106-1747 Patrick S. 3 r eir - • Ms. Jean Rollins - Mary Keech d Pl ce 9605 143rd Avenue SE 1403 147th Ave. SE Renton,WA 9 055 Renton,WA 98059 Renton,WA'98'1059 I; L I y Andrew Dufus Conn Grand ' Vicki Moms Consulting Services 1084 Kirkland venue NE 3313 SE 7th Street 7732 18th Avenue NE Renton,WA 9 056 Renton,WA 98055 ' Seattle,WA 981115 j ' 1 f 1; i Mark Goldsmil Holly Gadbaw Robert-Friitzen Dept. of Fish d Wildlife Dept. of Comm.,Trade&Ec. Dev. Shoreline Planner 16018 Mill Cr ek Blvd. P.O.Box.48300 Department;of Ecology Mill Creek;W 98012 Olympia,WA 98504-8300 3190 160th Ave. SE Bellevue,WA 98 i08-5452 Puget-.. So and Air Pollution -Control AldaWilkinson-- -------"--- --- -Daily Jounial of Commerce -- --- Agency i Boundary Review Board P.O. Box 11050 • 110 Union St., Ste 500 810-3rd Ave, Ste 608 Seattle,WA.9011 Seattle,WA 9 101-2038 ; Seattle,WA 98104-1693 1. j I -EncHuart — — ; Duwamish-Tribal-Office • Jerry-Opatz -- Departmerit of atural Resources 1 140 Rainier Ave. S., Suite 7 U.S.E.P.A. , ' P.O. Box 4701 • Renton,WA 98055 1200 -6th Ave,,MIS WD-136 Olympia,WA 8504-7014 Seattle,WA 98j101 1 •Journal Amen an - -King CoDept.-of Public Works - Krrig Co.Public Library 1705-132rid A e.NE Solid Waste Division Attn: Susie Wheeler Bellevue,WA 8005 400 Yesler Way,Room 600 300-8th Ave.N. Seattle,WA 98104-2637 Seattle,WA 98;109 1 . CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed December 1, 1997, at 7:30 p.m. as the date and time for a public hearing to be held in the second floolr Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Shoreline Master Program Amendments to 1997 Comprehensive Plan, including but not limited to definitions, exemptions, permitting roads in conservancy areas, dredging and landfill, docks and marinas, residential setbacks, etc. Amendments will be available for review in the City Clerk Division, 1st floor, after 11/25/97. All interested persons are invited to attend the hearings and present oral or written comments in support or opposition to the proposals. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Marilyn ersen City Clerk Published: South County Journal November 14, 1997 Account No. 50640 ic I II I � LOCATIONS OF POSTINGS DONE ON f¼t/ 2l /27-; 1997. ' kaA.,( , ,v„,e, . 2. e(4 /WI 1 &IIV14/ //WY- 3. `ytfU 4. 05k6,41-1‘) I I ;I II CERTIFICATION S—ATE OF WASHINGTON) ss C UNTY OF KING ) I Matti l" I VI/ 1 HEREBY CERTIFY THAT 41 COPIES OF THE ATTACHED PUBLIC-HEARING NOTICE WERE POSTED IN CONSPICUOUS PACES AS DESCRIBED AND TWO COPIES WERE POSTE AT TH RENTON MUNICIPAL BUILDING, 200 MILL AVENUE S.,'RENTON, WA ON DATE OF 0-7 1`17 SIGNED-14, /h SUBSCRIBED AND SWORN TO BEFORE ME this 1:7' day of 19 97 çJ4 /gf N tary Public in and for the State of Washington, residing at --X.a/43/491/ I i CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed December 1 1997, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 8055, to consider the following: Shoreline Master Program Amendments to 1997 Comprehensive Plan, including but not limited to definitions, exemptions, permitting roads in conservancy areas, dredging and landfill, docks and marinas, residential setbacks, etc. Amendments will be available for review in the City Clerk Division, 1st floor, after 11/25/97 All interested persons are invited to attend the hearings and present oral or written comments in support or opposition to the proposals. The Municipal Building is fully ccessible, and interpretive services for the hearing impaired will be provided upon prior otice. 2viarilyn ersen City Clerk Published: South County Journal November 14, 1997 Account No. 50640 ' I I � ' � I I I I ' I � I ' I ' APPROVED BY CITY COUNCIL : Date ii�l0 . 477 • PLANNING&DEVELOPMENT COMMITTEE y COMMITTEE REPORT _. November 10, 1997 • ;I_ . ' - ' 1997 Comprehensive Plan Amendments ." : I (Referred March 24, 1997) , „ ,fitsTie Committee is considering the proposed 1997 Comprehensive' Plan Amendments 'during i meetings scheduled for November 6 and 13, 1997. The Committee recommends that a public hearing regarding Amendment #8 .Shoreline Master Program Amendments be scheduled for December 1, 1997 since State - ', `i. agency comments have resulted in additional changes which were not reviewed by the Planning Commission at , their hearing on July 30, 1997. - - i timothy J. Schl' Chair - 'I ��ob s wards,'Vie" hair '' . !. F ' 1 ' g PaiP ember - , Mike Kattecmann 'I -` h: ivision.s\p-ts\planning'amends\1997\p&drpthr.doc I' - ' " y:: i" — is{.ti .j 1? r.. , .1 Y i` Y. " t