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LUA99-073
. - lit .l CITY OF RENTON saLL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 23, 1999 TO: Parties of Record SUBJECT: Adult Retail and Entertainment Uses Ordinance Amendments Project No. LUA-99-073,ECF Dear Resident: This letter is to inform you that the comment and appeal periods have ended for the Environmental Review Committee's (ERC) Determination of Non-Significance for the above-referenced project. No appeals were filed on the ERC determination. This decision is final. If you have any questions, please feel free to contact me at (425) 430-6581. For the Environmental Review Committee, Donald Erickson Project Manager FINAL 1055 South Grady Way- Renton, Washington 98055 CITY QF RENTON CURRENT PLANNING DIVISION AFFIDAVIT.OF SERVICE BY MAILING' • • On the Zrd day of 7YU e , 1999, I deposited in the mails of the United. States, a sealed envelope containing dcTerwlty ehcrns documents. This information was sent to: Name Representing Department of Ecology Don Hurter WSDOT KC Wastewater Treatment Division Larry Fisher Washington Department of Fisheries David F. Dietzman Department of Natural Resources Shirley Lukhang Seattle Public Utilities Duwamish Indian Tribe Rod Malcom Muckleshoot Indian Tribe Joe Jainga Puget Sound Energy (Signature of Sender) Satndr _I,- • Sc s1.q.- STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that S�rJ7-ac - -eXrt signed this instrument and acknowledged it to be his/her/their free and voluntary act for th`c) uses and purposes mentioned in the instrument. Dated: :/y/ 5, Notary Public in a nd'for the State of W hington Notary (Print) My appointmen I U-YN KAMCHEFF COiv:'JfISSfcN EXPIRES 0/29/99 Project Name:Acitat �et'a�� 4 evctei. ,tnvvvCvo. Vses Obd,vnkvtc.e IAwrendwtienis Project Number: L-OiN• 99 - 013, Ett NOTARY.DOC - 3v! CITY (_ ; RENTON .. -ii*-7 LL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 3, 1999 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia,WA 98504-7703 Subject: Environmental Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on June 1, 1999: DETERMINATION OF NON-SIGNIFICANCE ADULT RETAIL AND ENTERTAINMENT USES ORDINANCE AMENDMENTS LUA-99-073,ECF City sponsored non-project ordinance amendments to Section 4-2-060, Zoning Use Table, Subsection C. Retail Sales, Chapter 3., adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO Zones and in Subsection E. adding "adult motion picture studios and theaters, peep shows and panorams as secondary uses in the IL, IM and IH zones and replacing/adding secondary use conditions to these same uses in the CN, CS, CA CD and CO zones. In addition, Section 4-3-010 is amended to prohibit"adult retail uses"within 1,000 feet of listed uses including residential, schools day care centers public parks, religious facilities, etc. Also establishes amortization period of one year for adult uses and activities. Some related definitions are also amended. Location: City Wide. Appeals of the environmental determination must be filed in writing on or before 6:00 PM, June 21, 1999. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11B. If you have questions, please call me at (425) 430-6581. • onmental Re Co itt J e, j - Donald Erickson Project Manager cc: King County Wastewater Treatment Division Larry Fisher, Department of Fisheries David F. Dietzman, Department of Natural Resources Don Hurter, Department of Transportation Shirley Lukhang, Seattle Public Utilities Duwamish Tribal Office Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) Joe Jainga, Puget Sound Energy agncyltr\ 1055 South Grady Way- Renton, Washington 98055 6CITY C ' RENTON ma Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 3, 1999 TO: Parties of Record SUBJECT: Adult Retail and Entertainment Uses Ordinance Amendments Project No. LUA-99-073,ECF Dear Resident: This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that they have completed their review of the environmental impacts of the above-referenced project. The Committee, on June 1, 1999, decided that the subject project will be issued a Determination of Non-Significance (DNS). The City of Renton ERC has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made by the ERC under the authority of Section 4-6-6, Renton Municipal Code, after review of a completed environmental checklist and other information, on file with the lead agency. This information is available to the public on request. Appeals of the environmental determination must be filed in writing on or before 5:00 PM, June 21, 1999. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11B. If you have any questions or desire arification of the above, please call me at (425) 430-6581. For the vironmental vi C mmi tee, j . Donald Erickson Project Manager 1055 South Grady Way- Renton, Washington 98055 dnsltr ®This paper contains 50%recycled material,20%post consumer NoncE ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: ADULT RETAIL AND ENTERTAINMENT USES ORDINANCE AMENDMENTS PROJECT NUMBER: LUA-99-073,ECF DESCRIPTION: These City ail Sales of Ch Pero Env ordinance Section conmeMal Regulations and Specal Districtspms of TBe 4(Develo nt Regulatonss,by adding"adult retaa uses'as secondary uses In the IL,IM,IH.CN,CS,CA CD and CO zones;in Subsection E. Cultural.Entertainment and Recreational by adding'adult'motion picture studios and theaters,peep shows and panorama as secondary uses In the IL,IM,and IH zones and repladngladdisa secondary use conditions to these same uses In the CN,CS,CA,CD and CO zones. In addition,Section 4-3-010A,is amended to prohibit adult retail uses within 1,000 feet of residential uses,schools,day care centers,public parks or P-1 Zoned properties, and religious facilities and Section 4-3-010.E.establishes a one year amortization schedule for adult uses or actMties within the city limits and provide for■possible extension period in cases where extreme hardship can be demonstrated by an applicant.Section 4-11-010 of Chapter 11,Definitions,Is also amended by adding definitions for'Adult RelaN Use'and'Adult Oriented Merchandise',and adding minor amendments to the definitions for 'Specified Anatomical Areas','Specified Sexual AdivNles',and'Day Care,Family'. All these changes are contained in Toe 4(Development Regulations)of Ordinance No.4260 entiled'Code of General Ordinances of the City of Renton,Washington'. • Currently,the City of Renton has code amendments that prohibit adult entertainment uses within 1,000 feet of specified uses such as residences,schools,and churches.However,uses such as adult book and novelty stores and adult olden stores,under current definitions,are not classified as'adult entertainment'uses and have therefore been excluded from the CNy's tenant code provisions.These new provisions add'adult retail uses'to the current Nst of adult entertainment uses which ere regulated as to location.Adult retail uses and adult entertainment uses would be permitted within those zones within the Employment Area Valley(EAV)land use designation(as shown on the CNy's Comprehensive Plan Land Use Map)south of 1-405 and would not be subject to the distance requirements required elsewhere in the CityTHE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERM THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ONI THEE ENVIRONMENT. Ad in ing on or before 5:00 PM, une 21, 1999. lAppeals must be filed indwrit writing together with the erequired'575.00 application fee with:I Hearing E by City Examiner, aerned Cf of RentonRenton, 1055 Municipal Codea Grady Way,Reston,WA 98055. Appeals to the Examiner are CONTACT PERSON: DON ERICKSON;(425)430-6581 FOR FURTHER INFORMATION,PLEASE CONTACT THE CITY OF RENTON,DEVELOPMENT SERVICES DIVISION AT(425)430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION I- Please Include the project NUMBER when calling for proper file Identification. CERTIFICATION h �1C-k( 4 X 1k.,4 , hereby certify that • copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on �U 1cie1`i . Signed: ATTEST: Subcribed and sworn before me, a Nortary P blic, ' or a State of Washington residing u`7<<'`'1 '^ , on the 0 day of -Le 4'1 ) Y-) cAuti MARILYN KAMCHEFF COMMISSION EXPIRES 6/29/99 - I AFFIDAVIT OF PUBLICATION Charlotte Ann Kassens first 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 newspaper of general publication and is now and has been for more than six months NOTICE OF ENVIRONMENTAL prior to the date of publication, referred to, printed and published in the English language DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE continually as a daily newspaper in Kent, King County, Washington. The South County RENTON,WASHINGTON Journal has been approved as a legal newspaper by order of the Superior Court of the The Environmental Review Committee (ERC) has issued a Determination of Non- State of Washington for King County. Significance for the following project under The notice in the exact form attached, was published in the South County the authority of the Renton Municipal Journal (and not in supplemental form)which was regularly distributed to the subscribers Code. during the below stated period. The annexed notice, a ADULT RETAIL ORD.AMENDMENTS LUA-99-073,ECF City sponsored ordinance amendments regarding adult retail and entertainment Adult Retail Ordinance Amendments uses. Location:City Wide. Appeals of the environmental determina- as published on: 6/7/99 tion must be filed in writing on or before 5:00 PM,June 21, 1999. Appeals must be filed in writing together with the required The full amount of the fee charged for said foregoing publication is the sum of$31.63, $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Charged to Acct. No. 8051067. Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Legal Number 6184 Renton Municipal Code Section 4 8 11B. Published in the South County Journal June 7. 1999.6184 Legal Cle Sou ounty Journal Subscribed and sworn before me on this /(1 d y of Au , 19q� til F,f wooer qa .1.:..:„,ti '% Notary Public of the State of Washington Y::o NotAAy residing in Renton _o, • = King County, Washington p '°till L1G p,: 1,,I,. *c?.6... 20.; CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE APPLICATION NUMBER: LUA-99-073,ECF APPLICANT: City of Renton PROJECT NAME: ADULT RETAIL AND ENTERTAINMENT USES ORDINANCE AMENDMENTS DESCRIPTION OF PROPOSAL: City sponsored non-project ordinance amendments to Section 4-2-060, Zoning Use Table, Subsection C. Retail Sales, Chapter 3., adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO Zones and in Subsection E. adding "adult motion picture studios and theaters, peep shows and panorams as secondary uses in the IL, IM and IH zones and replacing/adding secondary use conditions to these same uses in the CN, CS, CA CD and CO zones. In addition, Section 4-3-010 is amended to prohibit "adult retail uses" within 1,000 feet of listed uses including residential, schools day care centers public parks, religious facilities, etc. Also establishes amortization period of one year for adult uses and activities. Some related definitions are also amended. LOCATION OF PROPOSAL: City Wide LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 PM, June 21, 1999 (14 days from the date of publication). Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. PUBLICATION DATE: June 7, 1999 DATE OF DECISION: June 1, 1999 SIGNATURES: _ Gregg Zim e .n, Administrator DATE Department of Planning/Building/Public Wor / Ji Shepherd,Adrrfinistrator DATE Community Services Department Lee Wheeler, Fire ief DA E Renton Fire Department dnssig STAFF City of Renton REPORT Department of Planning/Building/Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DATE June 1, 1999 Project Name ADULT RETAIL AND ENTERTAINMENT USES ORDINANCE AMENDMENTS Applicant Mike Kattermann File Number LUA-99-073 ECF Project Manager Don Erickson Project Description City sponsored non-project ordinance amendments to Section 4-2-060, Zoning Use Table, Subsection C. Retail Sales, Chapter 3., adding"adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO Zones and in Subsection E. adding "adult motion picture studios and theaters, peep shows and panorams as secondary uses in the IL, IM and IH zones and replacing/adding secondary use conditions to these same uses in the CN, CS, CA CD and CO zones. In addition, Section 4-3-010 is amended to prohibit"adult retail uses"within 1,000 feet of listed uses including residential, schools day care centers public parks, religious facilities, etc. Also establishes amortization period of one year for adult uses and activities. Some related definitions are also amended. Project Location City-wide application in designated zones. Exist. Bldg. Area gsf Proposed New Bldg. Area gsf NA Site Area Total Building Area gsf NA Staff Recommend that the Environmental Review Committee issue a straight RECOMMENDATION Determination of Non-significance for this non-project legislative action. B. RECOMMENDATION Based on analysis of probable impacts from the proposal, staff recommend that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON- SIGNIFICANCE-MITIGATED. X Issue DNS with 14 day Appeal Period. Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period followed by a 14 day Appeal Period. Project Location Map STAFFRPT City'of Renton Economic Development,Neigh& Is&Strategic Planning Department Environr 1 Review Committee Staff Report PROJECT NAME: ADULT RETAIL&ENTL... ,INMENT USES ORDINANCE LUA-99-073 ECF REPORT AND DECISION OF JUNE 01, 1999) Page2 of 3 C. MITIGATION MEASURES 1. No mitigation measures are proposed for the legislative non-project action. Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. 1. Non-specified for this non-project action. D. ENVIRONMENTAL IMPACTS In compliance with RCW 43.21 C. 240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. Has the applicant adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development? 1. Earth Impacts: As a non-project legislative action no physical impacts were identified. Mitigation Measures: Nexus: 2. Air Impacts: As a non-project legislative action no physical impacts were identified. Mitigation Measures: Nexus: 3. Water Impacts: As a non-project legislative action no physical impacts were identified. Mitigation Measures: Nexus: E. COMMENTS OF REVIEWING DEPARTMENTS The proposal has been circulated to City Departmental/Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. X Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. STAFFRPT City'of Renton Economic Development,Neighbc cis&Strategic Planning Department Envirom 1 Review Committee Staff Report PROJECT NAME: ADULT RETAIL&ENTL._.,-.INMENT USES ORDINANCE LUA-99-073 ECF REPORT AND DECISION OF JUNE 01, 1999) Page3 of 3 Environmental Determination Appeal Process Appeals of the environmental determination must be filed in writing on or before 5:00 PM,June 20, 1999 (14 days from the date of publication). Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. • STAFFRPT City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: pe_s COMMENTS DUE: MAY 26, 1999 APPLICATION NO: LUA-99-073,ECF DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERICKSON PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: g 5 31 Amendments LOCATION: Non-project legislative action applies city-wide SITE AREA: l BUILDING AREA(gross): SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Ught/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 710 B. POLICY-RELATED COMMENTS /*- g ? C. CODE-RELATED COMMENTS /CI We have reviewed this application with parti lar attention to those areas in which we have expertise and have identified areas of probable impact or areas where add" nal information is needed to r erly assess this proposal. 1 //7-7/ ignature of Director or Aut orized Representative Date DEVAPP Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: �; COMMENTS DUE: MAY 26, 1999 APPLICATION NO: LUA-99-073,ECF DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERICKSON PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: B 5 3 Amendments LOCATION: Non-project legislative action applies city-wide SITE AREA: I BUILDING AREA(gross): SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding"adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghtGlare Plants Recreation LandiShoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic./Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet P B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. .4 10: ?69.)4 C7 Signature of Director r Auth rized Representative Date DEVAPP Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET • REVIEWING DEPARTMENT: CO IA' Gv\�d Serki IcQo COMMENTS DUE: MAY 26, 1999 APPLICATION NO: LUA-99-073,ECF DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERIn 'Of'MtNT'6ERVt'''"" PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: ,,�g 5 3, CITY OF RENTON Amendments LOCATION: Non-project legislative action applies city-wide MAY 13 1995 SITE AREA: I BUILDING AREA(gross): RECrIVFn SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS YfL C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where a9'ditional information is needed to properly assess this proposal. 5-7/7/ Signature of Direct r Authorized Representative Date DEVAPP Rev.10/93 City of Rint3n Department of Planning/Building/PubIic ncs ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: L,w(nOv c. rV(Jnpy J OMMENTS DUE: MAY 26, 1999 APPLICATION NO: LUA-99-073,ECF DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERICKSON PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: Ili 53'1 Amendments LOCATION: Non-project legislative action applies city-wide SITE AREA BUILDING AREA(gross): SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding "adult retail uses' as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 Is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses, A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major information Impacts Impacts Necessary Impacts impacts Necessary Earth Housing Air Aesthetics Water Ught/Glare Plants Recreation LandfShoreilne Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Pam Airport Environment 10,000 Peet 14,000 Peet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas In which we have expertise and have Identified areas of probable Impact or areas where ad nallnformation Is needed to properly assess this proposal. 4 .`j/n/ 1' Signature of tractor or A4orized Representative Date DEVAPP t Rev.1N93 S. City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: P1av-N Rev -WM.-COMMENTS DUE: MAY 26, 1999 APPLICATION NO: LUA-99-073,ECF DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERICIQSINIELOPMENT SERVICES PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: CITY OF RENTON Amendments 1 s 5 37 MAY 1 4 1999 LOCATION: Non-project legislative action applies city-wide SITE AREA: I BUILDING AREA(gross): RECEIVED IECEIVED SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding"adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water LightGlare Plants Recreation LancYShoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS MC-) cowl w{f We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. A) a/ 17/,Tq Signature of Director or Aut orized Representative Date DEVAPP Rev 10/93 fie ENTON FIR RtD ITI APT City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION RAtiffig3449VHEET REVIEWING DEPARTMENT: F'yG prev aan�iav� COMMENTS DUE: MAY 26, 1999 r'F IVEV APPLICATION NO: LUA-99-073,ECF DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERICKSON PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: , g 5 3 Amendments LOCATION: Non-project legislative action applies city-wide SITE AREA: I BUILDING AREA(gross): SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding"adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS y C. CODE-RELATED COMMENTS r `I We have reviewed this application with particular attention to those areas in which we have expertise and have iden ed areas of probable impact or areas where addi nal informatio i eeded to properly assess this proposal. Signat e of Director or Aut orize epresentative Date DEVAPP Rev.10/93 I, City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:SU.,yj WCIA-CWIN'1 • -COMMENTS DUE: MAY 26, 1999 APPLICATION NO: LUA-99-073,ECF �,Y DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERI OPMENT SERVICES CITY OF RENTON PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: 85 3 7 Amendments MAY 1 3 1ggq LOCATION: Non-project legislative action applies city-wideRECEIVED SITE AREA: I BUILDING AREA(gross): SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS 16 0 C._o vl/1 lM� We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to roped),assess this proposal. Ai 5 Aq Signature of Director or Authorized Representative Date DEVAPP Rev.10/93 City of Ren on Department of Planning/Building/Public 17GorrKs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: —Ntyt.sf„0"Chnek COMMENTS DUE: MAY 26, 1999 APPLICATION NO: LUA-99-073,ECF DATE CIRCULATED: MAY 13, 1999 APPLICANT: City of Renton PROJECT MANAGER: DON ERICKSCMVELOPMENTaratifCe$ PROJECT TITLE: Adult Retail & Entertainment Uses Ord. WORK ORDER NO: g 537 CITY OF RENTON Amendments MAY 1 3 1999 LOCATION: Non-project legislative action applies city-wide SITE AREA: I BUILDING AREA(gross): RECEIVED SUMMARY OF PROPOSAL: City sponsored code amendments to Section 4-2-060 adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones. Section 4-3-010 is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks, and religious facilities. Section 4-11-010 is amended adding new or amended definitions for adult related uses/activities and amending Section 4-3-010 an amortization period for non-conforming adult uses. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water LighVGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS p vo -e4 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. c/Ciattl 51/-" tqg Signature of Director or Authorized Representative Date DEVAPP Rev.10/93 ti01, 1 � 'eP IS NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-99-073 PROJECT DESCRIPTION: These City sponsored ordinance amendments amend Section 4-2-060,Zoning Use Table in Subsection C. Retail Sales of Chapter 3, Environmental Regulations and Special Districts of Title 4 (Development Regulations), by adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones; in Subsection E.Cultural,Entertainment and Recreational by adding"adult"motion picture studios and theaters,peep shows and panorams as secondary uses in the IL, IM, and IH zones and replacing/adding secondary use conditions to these same uses in the CN,CS,CA,CD and CO zones. In addition,Section 4-3-010.A,is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks or P-1 Zoned properties, and religious facilities and Section 4-3-010.E. establishes a one year amortization schedule for adult uses or activities within the city limits and provide for a possible extension period in cases where extreme hardship can be demonstrated by an applicant. Section 4-11-010 of Chapter 11, Definitions, Is also amended by adding definitions for "Adult Retail Use" and "Adult Oriented Merchandise", and adding minor amendments to the definitions for "Specified Anatomical Areas", "Specified Sexual Activities", and "Day Care, Family". All these changes are contained in Title 4 (Development Regulations) of Ordinance No.4260 entitled"Code of General Ordinances of the City of Renton,Washington". Currently, the City of Renton has code amendments that prohibit adult entertainment uses within 1,000 feet of specified uses such as residences,schools,and churches. However, uses such as adult book and novelty stores and adult video stores,under current definitions,are not classified as"adult entertainment"uses and have therefore been excluded from the City's current code provisions. These new provisions add"adult retail uses"to the current list of adult entertainment uses which are regulated as to location. Adult retail uses and adult entertainment uses would be permitted within those zones within the Employment Area Valley(EAV)land use designation (as shown on the City's Comprehensive Plan Land Use Map)south of 1-405 and would not be subject to the distance requirements required elsewhere in the City. PROJECT LOCATION: Non-project legislative action applies city-wide PUBLIC APPROVALS: Environmental Review DNS and Council Adoption of Ordinance Comments on the above application must be submitted in writing to Don Erickson, Project Manager, Development Services Division,1055 South Grady Way,Renton,WA 98055,by 5:00 PM on May 27, 1999. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Ms. Nishihira at (425)430-7270. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: May 12,1999 NOTICE OF COMPLETE APPLICATION: May 12,1999 DATE OF NOTICE OF APPLICATION: May 12,1999 NOTICE.DOC ,, ' • *NI 1 'r -S"'*1! ' . - - *d : kql,a6Adif4 i ......,...,....._7-,..- tplroi akyy A,_ `z-, _ Spy a:�.` ,,'„4' N uTM d n 2I Ian ditji im ,ri �rs•r�a. - _ c�a�� N• AIRPORT / / �r`rYaw � � . t � IIH -'o' L; s.OEfAO `� % ' ♦ � ®�' �F��^7_ia,a�' ni I R anar r - _sr n,wr a�7r♦ `J xwwa �j G rn n RIVER . EPA: (iPi -1°H-diterir ,„,;r T riIL ��V' lip r�iE6yn� 1 ■s��1© ,—... Jiirc!li 7 /frI7 ': ri... ;illUtt : 4* i : 's /, " * '',1 iggiiiffic 9,3°‘6?-fs.,-1-7 , .14 ' AlCrEg 70' AiiiirMIFIV N. AIFVON m ��_ oTp L rE_ Y N 1 Q�; F� • 18 Wit. Or^ mm ' i` 2ND Miy•11,l�1,E� "Ir'm, , mew 16 .. i II � I_� � N i .� 900 .�. � a" - Z v' ,fr 4e :Tar::s stx ti A a I tp _ tit...-,it.,.: v D lsir .-11"..40 Road Hour 1t w b yy itr-.\y �� Tit W l3 i'a 'wR ttrrrl - 9 l[ 4/, P LA ���i , IL � �� ' .en.= FEW` .405 ' pe �F r��►V.- �! j �1 \ c�b d I'y W 20 Saw a 21 f 4 #, `\ j - II.N 5 161M n IF) e w p0., 4 C R . O k n a . CERTIFICATION I,� , /6'`.`{ , hereby certify that copies of the above document were posted by me m cons sicuous places on or nearby the • A:II.),4Z. ii ��,. i/,/ e' , _ , �, /% � /� Wes, /ffyi� iFit<irc�i �ra�, , r 4 / Signed. ,,, - ATTEST: Subcribed and sworn before me,a Nortary Publi or e tate of l R Washington residing in .a.. 4 B,-, , on the f 1 day of U I q 4 9 ______ ,-- A-----ce—,,,,,.—de,52,7f7 MARILYN KAMCHEFF COMMISSION EXPIRES 6/29/99 CITY OF RENTON 1',6:i'iii1iiii1iip1i0iiiiiiiP1hMiL..O..-..,R..:,..:M::.:<:.:.;i:i.,i:iiiii:ii:g:::..ig....i::ii::i:I,:i"ii"iil;i:li:i;,i:„iEi,!i:i,Ii::g::ii:,iU,,H:..:..---.- -: .;..::.:.'.... ...,.,.DEVELOPMENT SERVICES DIVISION LAND Iiiiiiiiiiiiiiiiiiiiiiii,!i!i!i!i!iiiimiiiiiiiii;iiiiiiiiiiiiiinsiik..: ...._.:,. ,..... ...,.: . ... USE PERMIT ', _ . ....,...................................,....................................................„.................. . p STE APPLICATION PROPERTY OWNERS} PROJECT INFORMATION Note: If there i more than one'legal owner please attach:an additional notarized Master.Application for each ownner :: :::.;....-.:.....:. PROJECT OR� DEVELOPMENTjNT NAME: �./� NAME: J1 ewb?A /t f Jic r' ` If� � J(.r11� /� /L e� Ge�?I't'(1OtJ� of Ate— I�!'� (, , �/ �A PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: /// 6' „ wI CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): `CIA TELEPHONE NUMBER: EXISTING LAND USE(S): APPLICANT (if other than owner} a1 ii(i) /t X*7/?->`A j . NAME: A (/ -r-KMA J k t PROPOSED LAND USES: COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: C "- " ��'�-r- u .� � 4 FAO, ADDRESS: 'OSS . .rr..1 WAY'd / ,V �/✓/ 7�-� PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): nn CITY: ��� ZIP: a EXISTING ZONING: -�© : c, 91 -�J eu, e TELEPHONE NUMBER: L4-Z,S L.M / 9O ' th t �� C_ PROPOSED ZONING (if applicable). CONTACT PERSON e} N�� t7(9q .ro 9i , SITE AREA (SQ. FT. ORO�ACREAGE): PLANINNIING NAME: �+1' ELOPMENT TO HA CITY OF REN COMPANY (if applicable): PROJECT VALUE: MAy ' ;) 1999 c-N of � 1-01� A REGENE� ADDRESS: I 0 6,5 /;p \ JA'ç' IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? CITY: Ki vl" V ZIP: L DS IA � ~ IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? TELEPHONE NUMBER: ¢ -�1%j►'J�7 I (\IA - • LEGAL DES ION OF PROPERTY (Attach ste sheet if necessary) APP.1Cb'1/t1/t ( • TYPE OF APPLICATION & FEES Check all application types that apply--City staff will determine fees _ ANNEXATION $ SUBDIVISION: COMP. PLAN AMENDMENT $ _ REZONE $ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ TEMPORARY PERMIT $ _ TENTATIVE PLAT $ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ _ SITE PLAN APPROVAL $ _ FINAL PLAT $ GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ VARIANCE $ (FROM SECTION: 1 PRELIMINARY WAIVER $ FINAL _ WETLAND PERMIT $ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: SUBSTANTIAL DEVELOPMENT $ CONDITIONAL USE $ _ VARIANCE $ EXEMPTION $No Charge ENVIRONMENTAL REVIEW $ REVISION $ tt,� p, AFFIDAVIT OF OWNERSHIP I, (Print Name)MfM kA M �, eclare ha I am (please check one) _the owner of the property involved in this application, the authorized representative to act for the (please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. 1ykEN'yak Altf J 171 7 ATTEST: Subscribed and sworn to before me, a Notary Public, in and /„�" "``-"� for the State of t(.//;�j residing at (Name of Own /Refire entative) �vFCY , on the/, day of (Signature of Owner presentative) (SignatKledA k CH11 EF COMMISSION EXPIRES 6/29/99 (This section to be compIetedby City Staff.) City i-ile Nu tuber _l; { � i .c 1 A AAD BSP CAP-S CAP-U CPA CU-A CU-H 'ECF,7 LLA Mr1P FPUD FP PP R >RVMP SA-A SA-H SHPL-A > SHPL-H SP SM >;SME TP V-A V-B V-H W TOTAL FEES: $ f TOTAL POSTAGE PROVIDED: $ 1—.7 MASTERAP.DOC REVISED 8/97 City Of Renton ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal(and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer,"and "affected geographic area,"respectively. A. BACKGROUND 1. Name of proposed project, if applicable: Adult Retail Use Ordinance and Related Code Amendments T p�`NN1NG pe(ECOP OF RE►s1TON MAC 2AO RECENED • w May 10, 1999 Page 2 2. Name of applicant: Mike Kattermann, Director, Neighborhoods & Strategic Planning Economic Development, Neighborhoods & Strategic Planning Department City of Renton 3. Address and phone number of applicant and contact person: Mike Kattermann, AICP c/o Department of Economic Development, Neighborhoods & Strategic Planning City of Renton 1055 South Grady Way Renton, WA 98055 4. Date checklist prepared: May 7, 1999 5. Agency requesting checklist: City of Renton, Department of Planning/Building/Public Works - Development Services Division • 6. Proposed timing or schedule (including phasing, if applicable): Immediate adoption of ordinance is anticipated pending SEPA compliance. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Not at the current time. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. FEIS on the 1995 Comprehensive Plan of the City of Renton 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No knowledge of pending governmental approvals of affected properties. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Council approval is required for this non-project legislative action. 1 1. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. These City sponsored ordinance amendments amend Section 4-2-060, Zoning Use Table in Subsection C. Retail Sales of Chapter 3, Environmental Regulations and Special Districts of Title 4 (Development Regulations), by adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones; in Subsection E. Cultural, Entertainment and Recreational by adding "adult" motion picture studios and theaters, peep shows and panorams as secondary uses in the IL, IM, and IH zones and replacing/adding secondary 1 May 10, 1999 Page 3 use conditions to these same uses in the CN, CS, CA, CD and CO zones. In addition, Section 4-3-010.A, is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks or P-1 Zoned properties, and religious facilities and Section 4-3-010.E. establishes a one year amortization schedule for adult uses or activities within the city limits and provide for a possible extension period in cases where extreme hardship can be demonstrated by an applicant. Section 4-1 1-010 of Chapter 11, Definitions, is also amended by adding definitions for "Adult Retail Use" and "Adult Oriented Merchandise", and adding minor amendments to the definitions for "Specified Anatomical Areas", "Specified Sexual Activities", and "Day Care, Family". All these changes are contained in Title 4 (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington". Currently, the City of Renton has code amendments that prohibit adult entertainment uses within 1,000 feet of specified uses such as residences, schools, and churches. However, uses such as adult book and novelty stores and adult video stores, under current definitions, are not classified as "adult entertainment" uses and have therefore been excluded from the City's current code provisions. These new provisions add "adult retail uses" to the current list of adult entertainment uses which are regulated as to location. Adult retail uses and adult entertainment uses would be permitted within those zones within the Employment Area Valley (EAV) land use designation (as shown on the City's Comprehensive Plan Land Use Map) south of 1-405 and would not be subject to the distance requirements required elsewhere in the City. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Proposed code amendments will apply Citywide within the City of Renton, Washington. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other Not applicable for this non-project legislative action. b. What is the steepest slope on the site (approximate percent slope?) Not applicable for this non-project legislative action. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Not applicable for this non-project legislative action. May 10, 1999 Page 4 d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Not applicable for this non-project legislative action. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable for this non-project legislative action. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No construction is proposed as a result of this non-project proposal. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No construction is proposed as a result of this non-project proposal. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: No construction is proposed as a result of this non-project proposal. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. No construction is proposed as a result of this non-project proposal. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. Not applicable for this non-project legislative action. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable for this non-project legislative action. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No construction is proposed as a result of this non-project legislative proposal. S May 10, 1999 Page 5 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No construction is proposed as a result of this non-project legislative proposal. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No construction is proposed as a result of this non-project legislative proposal. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No construction is proposed as a result of this non-project legislative proposal. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. This is a non-project legislative action. No development is proposed as a result of this proposal. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. This is a non-project legislative action. No development is proposed as a result of this proposal. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. This is a non-project legislative action. No development is proposed as a result of this proposal. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No construction is proposed as a result of this non-project legislative proposal. c. Water Runoff(including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if May 10, 1999 Page 6 known). Where will this water flow? Will this water flow into other waters? If so, describe. No construction and therefore runoff is proposed as a result of • this non-project legislative proposal. • 2) Could waste material enter ground or surface waters? If so, generally describe. Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable since this is a non-project legislative action that will not result in any development that would not otherwise occur and is covered by SEPA. 4. PLANTS a. Check or circle types of vegetation found on the site: NA deciduous tree: alder, maple, aspen, other NA evergreen tree: fir, cedar, pine, other NA shrubs NA grass NA pasture NA crop or grain NA wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other NA water plants: water lily, eel grass, milfoil, other NA other types of vegetation b. What kind and amount of vegetation will be removed or altered? No construction and therefore no vegetation will be removed as a result of this non-project legislative proposal. c. List threatened or endangered species known to be on or near the site. Not applicable. d. Proposed landscaping, use of native p/ants, or other measures to preserve or enhance vegetation on the site, if any: Not applicable. May 10, 1999 Page 7 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Not applicable Mammals: deer, bear, elk, beaver, other Not applicable Fish: bass, salmon, trout, herring, shellfish, other Not applicable b. List any threatened or endangered species known to be on or near the site. No construction is proposed as a result of this non-project legislative proposal. c. Is the site part of a migration route? If so, explain No construction is proposed as a result of this non-project legislative proposal. d. Proposed measures to preserve or enhance wildlife, if any: Not applicable since this is a non-project action. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None will be used since this is a non-project legislative action. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. This is a non-project action. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. This is a non-project action. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1) Describe special emergency services that might be required. None. This is a non-project action. 2) Proposed measures to reduce or control environmental health hazards, if any: None. This is a non-project action. • May 10, 1999 Page 8 b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Not applicable since this is a non-project action 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Not applicable since this is a non-project action 3) Proposed measures to reduce or control noise impacts, if any: None. This is a non-project action. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Not applicable since this is a non-project action. b. Has the site been used for agriculture? If so, describe. No. This is a non-project legislative action. c. Describe any structures on the site. Not applicable since this is a non-project action. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? Applies to multiple zoning classifications in the City but principally the City's commercial zones. f. What is the current comprehensive plan designation of the site? Multiple land use designations apply since there provisions apply citywide. The area that is being targeted for new adult retail and entertainment uses is primarily the EAV south of 1-405. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Not applicable. Non-project action applies citywide. i. Approximately how many people would reside or work in the completed project? May 10, 1999 Page 9 Not applicable. j. Approximately how many people would the completed project displace? Not applicable. • k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The subject non-project endeavors to ensure that uses permitted by the proposed ordinance are indeed compatible with existing and projected land uses and plans. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. Not applicable. This is a non-project legislative action. b. What views in the immediate vicinity would be altered or obstructed? Not applicable. c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. This is a non-project legislative action. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. This is a non-project legislative action. c. What existing off-site sources of light or glare may affect your proposal? Not applicable. • May 10, 1999 Page 10 d. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? This non-project legislative action has citywide implications and will provide protection for public parks outside the EAV land use designation by preventing adult retail and entertainment uses from locating within 1,000 feet of such uses. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Not applicable. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. Not applicable. This is a non-project legislative action. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Not applicable. This is a non-project legislative action. c. Proposed measures to reduce or control impacts, if any: Not applicable. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Not applicable. Non-project action applies citywide. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable. Non-project action applies citywide. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. Non-project action applies citywide. 41 NO May 10, 1999 Page 11 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? Not applicable. Non-project action applies citywide. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Not applicable. Non-project action applies citywide. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. This is a legislative non-project action that will not have any transportation impacts. g. Proposed measures to reduce or control transportation impacts, if any: Not applicable 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. This is a legislative non-project action that will not have any public service impacts other than those associated with administering the proposed ordinance. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Not applicable. Non-project action applies citywide. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Not applicable. Non-project action applies citywide. C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. May 10, 1999 Page 12 Proponent: ? Name Printed: /{1 c Il cce-/ a D {�.r Vh-Ct- n r� Date: S—1 g 5 9 May 10, 1999 Page 13 D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS (These sheets should only be used for actions involving decisions on policies, plans and programs. You do not need to fill out these sheets for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Not applicable. Proposed measures to avoid or reduce such increases are: Not applicable 2. How would the proposal be likely to affect plants, animals, fish, or marine life? As a legislative non-project action that restricts rather than encourages certain types of development in much of the city, it is unlikely to affect plants, animals, fish or marine life in any way. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Not applicable. 3. How would the proposal be likely to deplete energy or natural resources? The non-project legislative action will have no impact on energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: Not applicable. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Not applicable. Proposed measures to protect such resources or to avoid or reduce impacts are: Not applicable. May 10, 1999 Page 14 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Not applicable. Proposed measures to avoid or reduce shoreline and land use impacts are: Not applicable. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? This is a legislative non-project action that will not have any transportation or public service impacts. Proposed measures to reduce or respond to such demand(s) are: Not Applicable. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflicts with local, state or federal laws or requirements for the protection of the environment are known to exist with the subject non-project legislative proposal. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: / / z� Name Printed: /O r a<<e f Date: � l ; / 1110 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-3-010 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND SPECIAL DISTRICTS, AND SECTIONS 4-11-010 AND 4-11-190 OF CHAPTER 11, DEFINITIONS, OF TITLE 4 (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING PROVISIONS TO REGULATE THE LOCATION OF ADULT RETAIL USES, AND ADDING DEFINITIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-3-010.A, of Chapter 3, Environmental Regulations and Special Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended to read as follows: A. PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows, panorams, adult retail uses, and places of adult entertainment are prohibited: 1 . Within one thousand feet (1,000') of any residential zone (RC, R-1,R-5, R-8, R-10, RM, COR, RMH) or any single-family or multiple-family residential use. 2. Within one thousand feet (1,000') of any public or private elementary or secondary school. 3. Within one thousand feet (1,000') of any day care center for children, nursery, or pre- school. 4. Within one thousand feet (1,000') of any church or other facility or institution used primarily for religious purposes. 5. Within one thousand feet (1,000') of any public park or P-1 zone. 1 O ORDINANCE NO. EXCEPT: Adult Retail Uses and Adult Entertainment Businesses, as defined herein, shall be permitted within those zones within the Employment Area Valley (EAV) land use designation of the Comprehensive Plan and south of I-405, and are not subject to the distance requirements set out herein. SECTION II. Section 4-3-010, of Chapter 3, Environmental Regulations and Special • Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended by adding the following subsection which reads as follows: E. AMORTIZATION SCHEDULE Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this ordinance that is made nonconforming by this ordinance shall be terminated within one (1) year; provided, however, that such termination date may be extended upon the approval of an application filed with the City within 120 days of the effective date of this ordinance requesting an extension to such one (1) year amortization period. The administrative decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to the effective date of this ordinance, which precludes reasonable alternative uses of the subject property. The administrative decision shall be processed as a Type III procedure pursuant to RMC 4-8-080.G. Rights to appeal the administrative decision are governed by the provisions of RMC 4-8-110.E.8 and RMC 4-8-110.F.6. SECTION III. Section 4-11-010 Definitions A, of Chapter 11, Definitions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended by adding the following definitions which read as follows: 2 ORDINANCE NO. ADULT RETAIL USE: A retail establishment which, for money or any other form of consideration, either: (a) has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult oriented merchandise; or (b) provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult oriented merchandise. ADULT ORIENTED MERCHANDISE: Any goods, products, commodities, or other wares, including but not limited to, videos, CD Roms, DVDs, magazines, books, pamphlets, posters, cards, periodicals or non-clothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities. SECTION IV. Section 4-11-190 Definitions S, of Chapter 11, Definitions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended by adding the following definitions which read as follows: SPECIFIED ANATOMICAL AREAS: 1. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or 4. Excretory functions as part of or in connection with any of the activities set forth in this definition. SECTION V. This ordinance will be effective upon its passage, approval and 30 days after publication. PASSED BY THE CITY COUNCIL this day of 1999. 3 ORDINANCE NO. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of 1999. Jesse Tanner, Mayor Approved as to legal form: Lawrence J. Warren, City Attorney Date of Publication: ORD.783:05/03/99:as. 4 11. 1110 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-1-170 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, 4-2-060.C, 4-2-060.E, AND 4-2-080.A OF CHAPTER 2, LAND USE DISTRICTS, 4-3-010 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS & SPECIAL DISTRICTS, 4-8-080.G AND 4-8-110.E OF CHAPTER 8, PERMITS AND DECISIONS, 4-11-040 AND 4-11-160 OF CHAPTER 11, DEFINITIONS, OF TITLE 4 (DEVELOPMENT REGULATIONS), AND SECTION 5-12-1, OF CHAPTER 12, ADULT ENTERTAINMENT STANDARDS, OF TITLE V (FINANCE AND BUSINESS REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING AND AMENDING DEFINITIONS, IDENTIFYING ZONES WHERE ADULT USES COULD LOCATE, AND IDENTIFYING A PROCESS TO EXTEND THE AMORTIZATION PERIOD AND SETTING A FEE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-1-170 of Chapter 1, Administration and Enforcement, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended to read as follows: 4-1-170 LAND USE REVIEW FEES shall be amended to add the following Application Type and Fee: Application Type Extension of Amortization Period of Adult Retail Use. Fee Amount: $150 SECTION II. Sections 4-2-060.0 and 4-2-060.E of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington are hereby amended to read as follows: 4-2-060.C. Subheading RETAIL SALES is hereby amended by adding a new use which reads as follows: 1 ISO ORDINANCE NO. USES ZONING DESIGNATIONS C. RETAIL SALES AdultRefail Use IL S60 IM S60 IH S60 CN S60 CS S60 CA S60 CD S60 CO S227 4-2-060.E: Subheading CULTURAL, ENTERTAINMENT AND RECREATIONAL is hereby amended by changing the following uses: USES ZONING DESIGNATIONS E. CULTURAL, ENTERTAINMENT AND RECREATIONAL Adult entertainment business CN S60 CS S60 CA S60 CD S60 Adult motion picture studios IL S60 IM S60 IH S60 CN S60 CS S60 CA S60 CD S60 CO S227 Adult motion picture theaters IL S60 IM S60 IH S60 CN S60 CS S60 CA S60 CD S60 CO S227 Peep shows, panorams IL S60 IM S60 IH S60 CN S60 CS S60 CA S60 CD S60 2 ORDINANCE NO. SECTION III. Section 4-2-080.A.60, 4-2-080.A.132, 4-2-080.A.146, 4-2-080.A.147, and 4-2-080.A.227 of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended to read as follows: 4-2-080.A.60: Subject to the provisions of RMC 4-3-010 Adult Retail and Entertainment Regulations. 4-2-080A 132: [RESERVED] 4-2-080A146: [RESERVED] 4-2-080A147: [RESERVED] 4-2-080A 227: Consideration must be given to community need (i.e., suitable location) and subject to the provisions of RMC 4-3-010 Adult Retail and Entertainment Regulations and chapter 5-12 RMC, Adult Entertainment Standards. The design of structures, including signs, shall be generally consistent in character with surrounding uses. No drive-up windows or outside automobile service shall be permitted, except for financial institutions which are permitted three (3) drive-up windows in conjunction with a branch operation and integrated into the exterior wall of a "primary use" structure. No exterior display of merchandise is permitted. Retail and service uses shall be developed as part of larger office structures. Such retail or service uses shall not stand alone and shall not occupy more than twenty five percent (25%) of any one floor of a building whose primary use is office. Direct arterial access to individual uses shall occur only when alternative access to local or collector streets or consolidated access with adjacent uses is not feasible. SECTION IV. The title of section 4-3-010 of Chapter 3, Environmental Regulations & Special Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended to read as follows: 4-3-010: ADULT RETAIL AND ENTERTAINMENT REGULATIONS. SECTION V. Section 4-8-080.G of Chapter 8, Permits and Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington. is hereby amended to read as follows: 3 ORDINANCE NO. Subheading TYPE III is hereby amended by adding a new procedure which reads as follows: TYPE III: Extension of Amortization Period of Adult Retail Use. Public Notice of Application Yes Recommendation No Open Record Hearing No Decision/Adoption Staff Open Record Appeal HE Closed Record Hearing CC Judicial Appeal SC SECTION VI. The title to section 4-8-110.E of Chapter 8, Permits and Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended to read as follows: APPEALS TO EXAMINER OF ADMINISTRATIVE DECISIONS AND ENVIRONMENTAL DETERMINATIONS: SECTION VII. Section 4-11-010 Definitions A, of Chapter 11, Definitions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended by changing the following definitions to read as follows ADULT ENTERTAINMENT BUSINESS A. Any enterprise which, for money or any other form of consideration, features, "adult live entertainment" as defined herein; B. Any "adult motion picture theater" as defined herein; C. Any adult arcade containing individual viewing areas or stations or booths, where for money or any other form of consideration one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides or other photographic reproduction of specified sexual activities or specified anatomical areas. ADULT LIVE ENTERTAINMENT: A person appearing nude or a live performance which is characterized by specified sexual activities as defined in RMC 4-11-190. 4 • ORDINANCE NO. ADULT MOTION PICTURE THEATER: An enclosed building used for presenting motion picture films video cassettes, cable television, or any other such visual media for observation by patrons there, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." SECTION VIII. Section 4-11-040 Definitions D, of Chapter 11, Definitions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended to read as follows DAY CARE,FAMILY: A day care operation licensed by the State of Washington (WAC. 388-73-014), caring for twelve (12) or fewer children in any twenty-four (24) hour period. For purposes of the application of setback requirements for uses regulated by the provisions of RMC 4-3-010, a Family Day Care is defined as a Day Care Center. SECTION IX. Section 4-11-160 Definitions P, of Chapter 11, Definitions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended by adding the following definition to read as follows PARK: For purposes of the application of setback requirements for uses regulated by the provisions of RMC 4-3-010, a Park is defined as a tract of land provided by a unit of government to meet the active and/or passive recreational needs of people. SECTION X. Section 5-12-1, of Chapter 12, Adult Entertainment Standards, of Title V (Finance and Business Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington is hereby amended by changing the following definitions to read as follows ADULT ENTERTAINMENT BUSINESS A. Any enterprise which, for money or any other form of consideration, features, "adult live entertainment" as defined herein; B. Any "adult motion picture theater" as defined in RMC 4-11-010; 5 ORDINANCE NO. C. Any adult arcade containing individual viewing areas or stations or booths, where for money or any other form of consideration one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides or other photographic reproduction of specified sexual activities or specified anatomical • areas. ADULT LIVE ENTERTAINMENT: A person appearing nude or a live performance which is characterized by specified sexual activities as defined in RMC 4-11-190. SPECIFIED SEXUAL ACTIVITIES: As defined in RMC 4-11-190. SECTION XI. This ordinance will be effective upon its passage, approval and 30 days after publication. PASSED BY THE CITY COUNCIL this day of 1999. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of 1999. Jesse Tanner, Mayor Approved as to legal form: Lawrence J. Warren, City Attorney Date of Publication: ORD.784:05/11/99:as. 6 PROPOSAL SUMMARY These City sponsored ordinance amendments amend Section 4-2-060, Zoning Use Table in Subsection C. Retail Sales of Chapter 3, Environmental Regulations and Special Districts of Title 4 (Development Regulations), by adding "adult retail uses" as secondary uses in the IL, IM, IH, CN, CS, CA, CD and CO zones; in Subsection E. Cultural, Entertainment and Recreational by adding "adult" motion picture studios and theaters, peep shows and panorams as secondary uses in the IL, IM, and IH zones and replacing/adding secondary use conditions to these same uses in the CN, CS, CA, CD and CO zones. In addition, Section 4-3-010.A, is amended to prohibit adult retail uses within 1,000 feet of residential uses, schools, day care centers, public parks or P-1 Zoned properties, and religious facilities and Section 4-3-010.E. establishes a one year amortization schedule for adult uses or activities within the city limits and provide for a possible extension period in cases where extreme hardship can be demonstrated by an applicant. Section 4-11-010 of Chapter 11, Definitions, is also amended by adding definitions for "Adult Retail Use" and "Adult Oriented Merchandise", and adding minor amendments to the definitions for "Specified Anatomical Areas", "Specified Sexual Activities", and"Day Care, Family". All these changes are contained in Title 4 (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington". Currently, the City of Renton has code amendments that prohibit adult entertainment uses within 1,000 feet of specified uses such as residences, schools, and churches. However, uses such as adult book and novelty stores and adult video stores, under current definitions, are not classified as "adult entertainment" uses and have therefore been excluded from the City's current code provisions. These new provisions add "adult retail uses" to the current list of adult entertainment uses which are regulated as to location. Adult retail uses and adult entertainment uses would be permitted within those zones within the Employment Area Valley (EAV) land use designation (as shown on the City's Comprehensive Plan Land Use Map) south of I-405 and would not be subject to the distance requirements required elsewhere in the City. Note: S60 refers to "secondary use" requirements that the proposed use comply with RMC 4-3-010, Adult Entertainment Regulations. S227 refers to "secondary use" requirements that the proposed use must address community need and is subject to the provisions of RMC 4-3-010 and chapter 5-12 RMC, Adult Entertainment. Provisions required no exterior display of merchandise and retail and service uses must not stand alone and shoo not occupy more than 25%of any one floor of a building whose primary purpose is office. ADLTNAR2.DOG