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HomeMy WebLinkAboutProposal Land Clearing Ordinance - Tree Removal Permits (1978) ors) -oQ C`a;- -° - Renton City Council 5/15/78 Page 3 Old Business - Continued Victoria Park open space land and that the subject property is intended to Open Space conserve and enhance resources and recreational opportunities. Continued The application was approved unanimously by the Joint Committee. Chairman Stredicke reported that the minutes would be forwarded to the King County Assessor and that no further Council action was necessary. Ways and Means Ways and Means Committee Chairman Stredicke submitted committee Committee Report report concurring in the Mayor's reappointment of Dorothea Gossett Appointments to the Library Board. The Committee report also concurred in the Mayor's reappointment of Joan Moffatt to the Park Board. MOVED BY SHANE, SECOND SHINPOCH, COUNCIL CONCUR IN THE COMMITTEE REPORT AND CONCUR IN APPOINTMENTS. CARRIED. Community Services Community Services Committee Chairwoman Thorpe presented committee Committee Report report asked transfer of two Council referrals regarding relocation Transfer of of the City Shops (4/5/76 and 2/6/78) from the Community Services Referrals re Committee to the Utilities Committee, because the items were referred City Shops prior to formation of the Utilities Committee. MOVED BY SHINPOCH, SECOND THORPE, CONCUR IN REPORT AND REFER THE TWO ITEMS TO THE UTILITIES COMMITTEE FOR RECOMMENDATION. CARRIED. Planning and Planning and Development Committee Report was submitted by Chair- Development man Perry recommending referral of the Land Clearing Ordinance Committee Report to the Staff for further study and coordination with the appropriate Land Clearing departments. MOVED BY SHINPOCH, SECOND PERRY, COUNCIL CONCUR IN Ordinance COMMITTEE REPORT. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Chairman Stredicke presented committee report which noted two Committee Report changes in the Smoke Detector Ordinance which will eliminate con- First Reading formance on sale and eliminate the no fee permit requirement. Smoke Detector The report recommended the ordinance again be placed on first Ordinance reading. Following reading of the ordinance regulating installa- tion of smoke detectors in occupancies that are rented or leased, MOVED BY SHANE, SECOND PERRY , REFER THE ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Resolution #2183 The report recommended reading and adoption of a resolution Public Pensions supporting Senate Bill #1587 and House Resolution 9118 for tax exempt status of public employee pension trusts. Following reading MOVED BY STREDICKE, SECOND CLYMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. CONSENT AGENDA The following items are adopted with onr r, oti^n which follows items. Poppy Days Mayor Delaurenti ' s Proclamation declared 5/19-20 as Renton Poppy Days, funds used for rehabilitation in Renton community, sponsored by the American Legion and Auxiliary. Bid Opening Bid Opening 5/10/78, Police mobile communications system, two bids received. See attached tabulation. Refer Public Safety Committee. Air Quality Letter from State Department of Ecology, Wilbur G. Hallauer, Director, urged support of the National Ambient Air Quality Standards. Information. Stewart Hearing Examiner Beeler recommended approval of rezone from G, Rezone R-146-78 General , to B-1 Business District, for property located at the northwest corner of NE Sunset Blvd. and Duval Ave. NE. Refer to Ways and Means Committee for proper ordinance. Consent Agenda MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL ADOPT THE CONSENT AGENDA. Approved CARRIED. NEW BUSINESS Councilman Stredicke requested progress report on the new main Fire Station building project, asking time schedule from the Mayor. ADJOURNMENT MOVED BY CLYMER, SECOND THORPE, COUNCIL MEETING ADJOURN. CARRIED. 11 :00 PM Ae Q. yr eat Delores A. Mead, City Clerk et OFFICE OF THE CITY CLERK CALL FOR BIDS May 15, 1978 POLICE MOBILE COMMUNICATIONS SYSTEM BID OPENING - MAY 10, 1978 Contractor BB AA/ EEO Trade-In Allowance Bid A Bid B Bid C Total Total Minus Trade-in Total Including ST General Electric Co. NO BIDS Motorola X X $4,613.00 $32,894.15 $10,668.45 $22,225.70 $32.894.15 $28,281.15 1601 - 114th S.E. X Suite 170 Bellevue, WA 98004 RCA X X $3,660.00 NO BID NO BID $16,543.06 $16,543.06 $16,543.06 13401 N.E. Bellevue/ X $16,740.70* Redmond Rd. - Suite 109 ALTERNATE C -$15,354.55 $15,354.55 $15,354.55 Bellevue, WA 98005 $15,552.19* * Correction re Trade-In & Sales Tax II'I PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT • MAY 15, 1978 LAND CLEARING ORDINANCE After careful consideration and review, the Planning and Development Committee recommends that the Land Clearing Ordinance be referred to the Staff for further study and coordination with the appropriate departments. it it George Perry, Chairman Patricia Seymour-Thorpe Barbara Shinpoch Renton City Council 5/8/78 Page 4 Consent Agenda - Continued Monterey Terrace Letter from Michael T. Schultz, President of The Monterey Club Utility Line thanked the Mayor and City Council for action taken in forming Undergrounding the local improvement district for underground wiring in the I LID 309 Monterey Terrace area. Information. Consent Agenda MOVED BY CLYMER, SECOND PERRY , ADOPT THE CONSENT AGENDA ITEMS. 1 Approved CARRIED. MOVED BY TRIMM, SECOND STREDICKE, FOLLOWING ITEM BE REMOVED FROM CONSENT AGENDA FOR SEFARATE CONSIDERATION. CARRIED. CORRESPONDENCE Letter from Fire Chief Geissler presented list of eight applica- Fire Work Stands tions for fireworks stands to be operated 6/28 to 7/6/78, noting 4th of July 1978 inspections scheduled by the Fire Prevention Bureau prior to opening and upon closing to ascertain safety compliance and clean up. MOVED BY STREDICKE, SECOND TRIMM, COUNCIL CONCUR IN THE RECOMMENDATION FOR APPROVAL OF THE FIREWORK STANDS PROVIDED ALL FIRE DEPARTMENT REGULATIONS ARE MET AND HOLD HARMLESS AGREEMENTS FILED. CARRIED. Medic One Letter from Fire Chief Geissler reported the Valley General Vehicle Provider Group has asked the City for a contract to provide a Backup Requested back up vehicle for Medic One use in the event of a failure of their unit. The letter noted approval for providing a sedan or pickup truck to be used on a short term basis , and would not pose any problem to the Department. MOVED BY CLYMER, SECOND SHANE, COUNCIL REFER REQUEST TO THE PUBLIC SAFETY COMMITTEE. Substitute motion by Stredicke, second Thorpe, to concur, Failed. MOTION CARRIED. NEW BUSINESS Council President Clymer requested registration as voting delegates AWC Convention for attendance at Association of Washington Cities Convention in Yakima 6/14-16/78 for any Council member planning to attend. Revenue Source MOVED BY SHANE, SECOND TRIMM, COUNCIL DIRECT THE CITY ATTORNEY Investigated TO OBTAIN RESPONSE FROM ASSOCIATION OF WASHINGTON CITIES AND STATE ATTORNEY GENERAL CONCERNING TAXING OF PARAMUTUEL BETTING LONGACRES. CARRIED. Tree Cutting Councilwoman Shinpoch inquired re citizen cutting tree on public right-of-way when a hearing has been scheduled on vacation of the street right-of-way. City Attorney Warren advised the cutting was an illegal act. Walkway Needed Councilman Stredicke inquired of walkway/crosswalk near Renton Inn and park and ride lot needed by Metro passengers. Mayor Delaurenti responded with willingness the area be checked. Victoria Park Councilman Stredicke called attention to 5/11/78 Public Hearing Open Space with King County Council Members Grant, Lowry and Chow along Public Hearing with Council Committee Members Clymer, Trimm and Stredicke and Community Services requested the Administration furnish recording personnel and Committee machine. (See meeting schedule. ) Attendance MOVED BY CLYMER, SECOND THORPE, COUNCIL CONCUR IN COUNCILMAN Approved PERRY'S REQUEST TO ATTEND THE FINANCE OFFICERS MEETING ON ORCAS ISLAND 9/20-22/78. CARRIED. ADJOURNMENT MOVED BY SHINPOCH, SECOND THORPE, COUNCIL MEETING ADJOURN. CARRIED. 9: 55 p.m. Delores A. Mead, City Clerk Renton City Council 5/8/78 Page 3 Old Business - Continued - Councilman Stredicke Comments - Continued Master Fire Plan Councilman Stredicke noted for the record that the City Council has never accepted the Fire Master Plan. Police Officer Councilman Stredicke presented letter for reading, written by Mike Commended Barden commending Police Officer Kathleen Illes for her work with and for Renton residents. Councilwoman Councilwoman Thorpe inquired re parking in the area of South Thorpe Inquiries 7th St. and Burnett South and asked equal enforcement of City's ordinances, being advised of temporary parking arrangements during construction period. Councilwoman Thorpe inquired of the regula- tions and practices of granting variances by the Board of Adjust- ment and suggested review of State guidelines for variances. Councilwoman Thorpe asked explanation of newspaper public notice re City Building Depart., and was advised by City Attorney Warren of State statute requirement for developer publication re environ- mental impact. King County Councilman Perry noted attendance at Suburban Mayor's Meeting Health Agreement regarding King County Health Agreement and recalled City's court case. to receive reasonable health care charges. Perry noted other cities failed to join with Renton's court action and are now objecting to unreasonable charges, noting reduction in charges for Renton. ORDINANCES AND RESOLUTIONS First Reading An ordinance was presented re installation and maintenance of Smoke Detector smoke detectors in occupancies that are rented, leased or let Ordinance and in single family dwellings after sold and no longer used as dwelling of the owner. (See committee report page 1 . ) MOVED BY TRIi'1M, SECOND SHANE, ORDINANCE BE PLACED ON FIRST READING. CARRIED. Following reading, it was MOVED BY TRIMM, SECOND SHANE, REFER THE ORDINANCE TO THE WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means The Ways and Means Committee report recommended second and final Committee Report readings for an ordinance ordering construction and installation Ordinance #3221 of underground power and utility lines in the vicinity of Monterey LID 309 Terrace LID 309 (first reading 5/1/78) . Following reading, MOVED Monterey Terrace BY STREDICKE, SECOND THORPE, ADOPT THE ORDINANCE AS READ. ROLL Undergrounding CALL: ALL AYES. CARRIED. Public Employees MOVED BY STREDICKE, SECOND THORPE, THE SUBJECT OF PUBLIC EMPLOYEE Retirement PENSION SYSTEMS AND TAXING THEREOF BE REFERRED TO THE WAYS AND Systems MEANS COMMITTEE FOR RESOLUTION . Councilman Stredicke explained Federal IRS proposes taxation of cities ' contributions to the pen- sion system and interest earned; Municipal Finance Officers request support of bills opposing such action (SB 1587 and HR 9118) . CARRIED. CONS.ENT_AGENDA The following items are distributed to all Council Members and adopted by one motion without separate discussion (adopting motion follows agenda items) . Reappointment to Letter from Mayor Delaurenti reappointed Joan Moffatt, 3709 Park Board Meadow Ave. N. , to the Park Board for a four-year term effective to 6/1/82. The letter noted Mrs. Moffatt is Chairperson of the Board this year, was originally appointed in 1976 to complete the term of D. W. Custer and expressed her willingness to continue to serve. Refer to the Ways and Means Committee. Reappointment to Letter from Mayor Delaurenti reappointed Dorothea Gossett, 2210 Library Board NE 9th Pl . , to the Library Board for a five-year term effective to 6/1/83. The letter noted Mrs. Gossett was originally appointed in 1976 to complete the term of Don Jacobson. Refer to the Ways and Means Committee. Mayor' s Proclamations of the Mayor: Municipal Clerk' s Week 5/14-20/78; Proclamations Transportation Week 5/14-20/78; National Defense Transportation Day 5/19/78; VFW Buddy Poppies - Honor the Dead by Helping the Living 5/19 and 5/20/78; and National Public Works Week 5/21-27/78 WAYS AND MEANS COMMITTEE COMMITTEE REPORT April 25 , 1978 The Ways and Means Committee, after a short review of the Land Clearing Ordinance as proposed by the Planning and Development Committee, returns the matter to the Council floor with a recommendation of "do not pass . " Further , the Committee recommends that the subject matter of land clearing be referred again to the Planning and Development Committee. Richard Stredicke , Chairman Barbara Shinpoch George Perry it v RENTON CITY COUNCIL Regular Meeting May 1 , 1978 Municipal Building Monday , 8: 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor C. J. Delaurenti led the Pledge of Allegiance to the Flag and called the regular meeting of the Renton City Council to order. ROLL CALL OF EARL CLYMER, Council President; BARBARA Y. SHINPOCH, RICHARD M. COUNCIL STREDICKE, PATRICIA M. SEYMOUR-THORPE, GEORGE J. PERRY. MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL EXCUSE ABSENT COUNCILMAN THOMAS W. TRIMM. CARRIED. MOVED BY CLYMER, SECOND SHINPOCH, EXCUSE COUNCILMAN CHARLES F. SHANE. CARRIED. Councilman Shane arrived at 8:08 p.m. CITY OFFICIALS CHARLES J. DELAURENTI , Mayor; LAWRENCE WARREN, Acting City Attorney; PRESENT GWEN MARSHALL, Finance Director; DEL MEAD, City Clerk; WARREN GONNASON, Public Works Director; GORDON Y. ERICKSEN, Planning Director; JOHN WEBLEY, Parks and Recreation Director; RICHARD GEISSLER, Fire Chief; CAPT. BUFF, Police Rep. , DONALD CUSTER, Administrative Assistant. PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL Moved by Stredicke, Second Perry, Council approve Minutes of April 24, 1978 as prepared and mailed. SUBSTITUTE MOTION BY THORPE, SECOND CLYMER, APPROVAL OF MINUTES BE CONTINUED TO NEXT WEEK. ROLL CALL: 3-AYES: CLYMER, SHINPOCH, THORPE; 2-NO: PERRY AND STREDICKE. MOTION CARRIED. AUDIENCE COMMENT Pamela Jarnigan, 917 S 28th Ct, commended Council for joining the eco- nomic boycott of states which have not yet ratified the Equal Rights Amendment. OLD BUSINESS ' Ways and Means Committee Chairman Stredicke presented committee Ways and Means report noting review of the Land Clearing Ordinance as proposed Committee Report by the Planning and Development Committee and returned the ordinance Land Clearing with a recommendation of "do not pass." The report further recom- Ordinance mended that the subject matter of land clearing be referred again to the Planning and Development Committee. MOVED BY THORPE, SECOND CLYMER, COUNCIL CONCUR IN COMMITTEE REPORT AND REFER MATTER BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE. ROLL CALL: 5-AYE: CLYMER, SHINPOCH, STREDICKE, THORPE AND PERRY; 1-NO: SHANE. MOTION CARRIED. Travel The Ways and Means Committee report recommended approval of Authorized travel request by Police Officer McKenney and Fire Inspector Wooten to attend annual seminar, Northwest Fire and Arson Investi- gators, Eugene Ore. 5/8 - 12/78. The report also recommended advance travel funds in amount of $177. 75 per officer. MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. Planning and Planning and Development Committee Chairman Perry presented committee Development report recommending reading and adoption of a resolution continuing Committee Report the Renton Hill moratorium for an additional 60 days. Councilman Perry noted present moratorium (Resolution #2137 9/26/77) expires Resolution #2179 5/5/78. Councilman Clymer left the Council Chambers and took no Renton Hill part in any action or discussion on this matter. City Clerk Mead Moratorium on read the resolution extending the moratorium to all properties in Building the Renton Hill area affected by a change in the Comprehensive Plan Extended and subject to a potential rezone. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL ADOPT THE RESOLUTION AS READ. Upon inquiry, Councilman Perry noted wording eliminates Mill Ave. S from the moratorium, and noted for the record that extension of the moratorim was requested as the Staff has not completed requirements. Planning Director Ericksen noted work was at preliminary stage and anticipated arranging a June hearing date. Acting City Attorney Warren noted necessity of resolution due to writ of certioari filed against the City and a Staff member with conflict of interest. MOTION CARRIED. Councilman Clymer returned to the Chambers. Renton City Council 5/1/78 Page 2 Old Business - Continued Community Community Services Committee Chairwoman Seymour-Thorpe presented Services committee report regarding Cedar River Trail System - Phase II Committee Report (EDA/LPW Project #071-51-23835) and recommended acceptance of bid of Cedar River Trail Sun-Up Construction Co. in the amount of $739,260 as recommended Phase II by the consultant, Jongejan/Gerrard/Assoc. and the Planning Dept. Contract Award The committee recommended Council concurrence and authorization for the Administration to sign the contract. (See later under Consent Agenda) MOVED BY THORPE, SECOND STREDICKE, CONCUR IN THE COMMITTEE REPORT AND AWARD THE CONTRACT. CARRIED. ORDINANCES AND RESOLUTIONS Ways & Means Ways and Means Committee Chairman Stredicke presented committee Committee Report report recommending first reading of ordinance ordering construction First Reading LID 309, Monterey Terrace undergrounding of utility lines. Follow- LID #309 Ordinance ing reading of the ordinance, it was MOVED BY THORPE, SECOND BY CLYMER, COUNCIL REFER THE ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Resolution #2180 The committee report recommended reading and adoption of a resolu- Street Vacation tion setting the date of May 22, 1978 as public hearing to consider Portion NW 3rd St. the vacation of a portion of NW 3rd St. between Maple NW and Public Hearing Taylor NW extended. Following reading, MOVED BY STREDICKE, SECOND 5/22/78 CLYMER, ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2181 The committee report recommended reading and adoption of a resolu- Final Plat tion approving the Final Plat of Parkwood South No. 2 as approved Approval by City Council 4/24/78; located south of existing Aberdeen P1 . SE Parkwood South #2 and Aberdeen Ave. SE south of Rolling Hills No. 3. Following read- ing, MOVED BY STREDICKE, SECOND CLYMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2182 The committee report recommended reading and adoption of a resolu- IAC Funding tion authorizing application for funding assistance for an outdoor Cedar River Trail recreation project to the Interagency Committee as provided by the Marine Recreation Land Act for Cedar River Trail from the mouth at Lake Washington to the Bronson Way S. Bridge. Following reading, MOVED BY STREDICKE, SECOND CLYMER, COUNCIL ADOPT RESOLUTION AS READ. CARRIED. Renaming Park The committee report noted understanding that the funding for the plaque honoring Gene L. Coulon (Lake Washington Beach Park) would be provided from private sources. The committee recommended that the Administration monitor such contributions and report back to Council . MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. CONSENT AGENDA These items have been previously distributed to all Council Members , are considered routine and enacted by one motion without separate discussion unless requested. Cedar River Bid Opening 4/20/78 Cedar River Trail System, Phase II ; one bid Trail System received. See attached tabulation. Refer to Community Services Committee. Recommendation Letter from Planning Director Ericksen recommended acceptance of Cedar River Trail bid by Sun-Up Construction for Cedar River Trail System, Phase II . Refer to Community Services Committee. (See above contract award. ) Appointments Letter from Mayor Delaurenti made the following appointments to Human Rights the Human Rights and Affairs Commission for two-year terms (in Commission accord with Ordinance 3191 ) ; terms expiring 4/24/80: Margaret Proctor, 4124 NE 10th P1 . , replacing Beth Borst. David E. Nicholson, 2609 NE 18th St. , replacing Wilkie Lew. Denton Lee, 3701 Park Ave. N, replacing Christopher Wright (expiring terms end 4/25/78). Refer to the Ways and Means Committee. Consent Agenda MOVED BY CLYMER, SECOND PERRY, COUNCIL APPROVE THE CONSENT AGENDA. Approval CARRIED. MOVED BY THORPE, SECOND CLYMER, FOLLOWING TWO ITEMS BE CONSIDERED SEPARATELY. CARRIED. r 1 I . , . Renton Wash. April 25,1976 Land_ Cleariag, Ord_!...napce To: The rayor & City Council City of Renton Dear -c_embers: I have read the prop ',sod ordinance on the 11.1.-_,ve ii and. .:.'eel tnat it is unnecessary. To 4..1.u.cn „obit—A-eat. Trees are ablessing souetittes, but th.ey can be 1:: : , 1 a n,,;isarce and a menace. That , however,s'i- uld be 3,..:bjoct to ne wishes of the property oen...:r. The Planning Dept. could well use their time on ot;iler projects- and not one like the loa;ib.g operation carrid ont on the banks of Cedar River a few. r•- :%ntlas :3o. 'This proposal is no 4:,00d and should be junked. Very truly yours / 1 .7 es Hansen 8 1- No. 4th. E,t. i Renton :a,s h. ... i 1 1 1, l' 1 * •' PRELIMINARY SUBJECT TO REVISION PROPOSED LAND CLEARING ORDINANCE 1 MARCH 10 , 1978 (THIRD DRAFT) RECOMMENDED FOR ADOPTION BY THE PLANNING AID DEVELOPMENT COMMITTEE CITY OF FENTON PLANNING DEPARTMENT REVISION 1 CITY OF RENTON, WASHINGTON 2 ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AND CREATING A "LAND CLEARING 4 ORDINANCE" TO BE HEREINAFTER KNOWN AND DESIGNATED AS CHAPTER 32 , TITLE IV (BUILDING REGULATIONS) 5 OF ORDINANCE NO. 1628 KNOWN AS THE"CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" TO 6 REGULATE THE REMOVAL OF TREES . 7 8 4-32. 1 Title. This Ordinance shall be hereinafter known as the 9 "Renton Land Clearing Ordinance, " may be cited as such, 10 will be hereinafter referred to as "this Ordinance, " and same 11 shall be and constitute Chapter 32 , Title IV (Building 12 Regulations) of Ordinance No. 1628 known as the "Code of 13 General Ordinances of the City of Renton. " 14 4-32. 2 Intent. It is the intent of this Ordinance to: 15 1 . Allow reasonable development of land while minimizing 16 environmental problems ; 17 2 . Promote the public health, safety, and general welfare 18 of the citizens of Renton; 19 3 . Preserve and enhance the City 's physical and aesthetic 20 character by preventing extensive and/or indiscriminate 21 removal or destruction of vegetation on undeveloped and 22 partially developed property; 23 4 . Protect against increasing the possibility of flooding by 24 recognizing the responsibility for maintaining a balanced 25 level of water retention in river and creek drainage basins 26 by controlling the removal of natural vegetation and soils ; 27 5. Reduce surface water and ground water runoff and 28 diversion and to prevent erosion and reduce the risk of slides ; 29 6 . Retain clusters of trees for the abatement of noise and 30 wind protection; 31 7 . Acknowledge that vegetation reduces air pollution by 32 producing oxygen and minimizes the creation of dust; 33 8 . Minimize devaluation of property values due to unnecessary 34 destruction of trees ; CITY OF RENTON PLANNING DEDAR1MENT - 2 - 1 9 . Promote building and site planning practices that are 2 consistent with the City 's natural topographical and vege- 3 tational features while at the same time recognizing that 4 certain factors may require the removal of certain trees 5 and ground cover; 6 10 . Insure prompt development, restoration and replanting 7 and effective erosion control of property after land clearing 8 through the use of phase development, performance bonds , and 9 other reasonable controls; 10 11 . Reduce siltation and water pollution in the City ' s 11 waterways ; 12 12. Implement the goals and objectives of the Washington 13 State Environmental Policy Act; and 14 13 . Implement the City 's Comprehensive Plan. 15 4-32 . 3 Definitions. For the purpose of this Ordinance, certain terms 16 and their derivations shall be construed as specified in this 17 Section. Words in the singular include the plural, and the 18 plural the singular . The words "shall" and "will" are 19 mandatory; the word "may" is permissive. 20 1. Building Envelope. The space within a lot which the 21 principal structure is permitted to be built and is defined 22 to such bulk regulations on yards , height, etc. 23 2 . Building Official . The responsible official and/or his 24 designated representative of the Building Division. 25 3 . Conifer. A plant which bears cones and has evergreen 26 leaves shaped like needles or scales . 27 4 . Developed Lot. A parcel on which site improvements such 28 as grading and utility installations have been made and 29 buildings erected and no further subdivision or development 30 is feasible , except for ancillory structures . 31 5 . Land Clearing. The act of removing or destroying trees 32 or ground cover from any public or private parcel. 33 6. Land Clearing Permit. A permit issued by the Planning 34 Department authorizing the removal of a tree or trees . CITY Or RENTON PLANNING DEPARTMENT - 3 - 1 7 . Partially Developed Parcel. A parcel upon which a 2 detached single family dwelling is located and which has 3 sufficient area to be legally subdivided in compliance with 4 the Renton Subdivision Ordinance. 5 8. Tree. Any living woody conifer plant characterized by one 6 main stem or trunk and many branches , and having a diameter 7 of four (4) inches or more measured at three (3) feet above 8 the ground level . 9 9. Tree Removal. The act of removing or destroying trees . 10 10. Undeveloped Lot. A parcel that does not have site 11 improvements such as grading and utilities and buildings 12 have not been erected. 13 4-32. 4 PERMITS . 14 1. Permit Required. No person, corporation or other legal 15 entity shall engage in or cause a tree to be removed or 16 destroyed in the City without first having obtained a valid 17 land clearing permit. 18 2. Exemptions . The following shall be exempt from the 19 provisions of this Ordinance : 20 a. The installation and maintenance of fire hydrants , 21 water meters and pumping stations, and street furniture 22 by the City or its contractors . Z3 b . Removal of trees in emergency situations as 24 determined by the Planning Department involving 25 immediate danger of life or property or substantial 26 fire hazards . 27 c. Removal of dead or diseased trees . 28 d. Removal of trees in the building envelope and 29 designated driveways for access to a garage or carport 30 in approved final and short plats . 31 e. Removal of trees in the sidewalk and street portion 32 of public rights-of-way of approved preliminary and 33 short plats . 34 f. Removal of trees on developed and partially CITY OF RENTON PLANNING MEMARTMFNT - 4 - 1 developed detached single family lots of 15 ,000 square 2 feet or less for purposes of general property and utility 3 maintenance, landscaping or gardening, provided that this 4 exemption shall not apply to any land clearing which includes 5 the use of a bulldozer or similar mechanical equipment and 6 shall not be construed to eliminate the requirement of 7 permits for land clearing for the purpose of developing 8 the property with substantial permanent improvements such 9 as roads , driveways , utilities , or buildings . 10 g. Maintenance or repair of utilities . 11 3 . Application. An application for a land clearing permit 12 shall be submitted by the owner or his agent on a form 13 provided by the Planning Department and shall be accompanied 14 by a map or plot plan of the property and the required fee. 15 The map or plot plan shall be of a scale determined to be 16 adequate by the Planning Department and shall include but 17 shall not be limited to: date, north arrow; scale; property 18 lines ; contours ; location of proposed and existing improvements ; 19 location, type , size , and condition of existing trees ; 20 identification of trees to be removed and a proposed schedule 21 for land clearing , land restoration, implementation of 22 erosion control and excavation or improvements . The burden 23 of proving that an application is consistent with this 24 Ordinance shall be on the applicant . 25 4 . Fees. 26 a. Occupant. No fee shall be charged for a land 27 clearing permit to a person constructing a detached 28 single family dwelling for his own use on his own land. 29 b. Non-Occupant. A fee of twenty dollars ($20) plus 30 five dollars ( $5) per acre shall be charged for a land 31 clearing permit. 32 c . Plats . A fee of twenty dollars ( $20) plus two 33 dollars ( $2) per lot shall be charged for tree removal 34 permits for plats . CITY OF RENTON PLANNING DEPARTMENT - 5 - 1 d. Appeal . A fee of $25. 00 shall accompany a notice of 2 appeal from the decision of the Planning Department as 3 provided in Section 4-327 of this Ordinance. 4 5. Conditional Approval . Should the Planning Department 5 find that an application does not substantially comply with 6 the criteria imposed by this Ordinance, the application 7 may be denied or any terms or reasonable conditions may be 8 attached to the application to make it comply with the 9 Comprehensive Plan and this Ordinance, including the land- 10 scaping of the parcel or a performance bond. 11 6 . Permit Valid. A permit shall be valid for six (6) months 12 from the date of issuance. Upon proper application, which 13 will include one-half (2) the original fee, the permit may be 14 extended once for a period of up to six (6) months by the 15 Planning Department for good cause which shall include but 16 is not limited to inclement weather . 17 7 . Permit Posted. No work shall commence until a permit notice 18 has been posted on the site in a conspicuous location. The 19 notice shall remain posted until the project has been completed. 20 4-32 . 5 PERFORMANCE BOND. The Planning Department may require , as a 21 condition to the granting of a permit, that the applicant 22 furnish a performance bond or certified check to the City to 23 secure the applicant 's obligation, before the approved land 24 clearance has been accomplished, to require the restoration and 25 replanting of the property in accordance with the terms of 26 his permit and within the terms thereof . The bond shall be in 27 an amount equal to the one and one half (11) estimated cost of 28 such restoration and replanting and with surety and conditions 29 satisfactory to the Planning Department. The City reserves 30 the right, in addition to all other remedies available to it 31 by law, to proceed against such bond or other payment in lieu 32 thereof without notice to the developer . In case of any suit 33 or action to enforce any provisions of this Ordinance, the 34 developer shall pay unto the City all costs incidental to CITY OF RENTON PLANNING DEPARTMENT • . - 6 - 1 such litigation including reasonable attorneys ' fees . The 2 requirement of the posting of any performance bond or other 3 security therefor shall be binding on the applicant, his 4 heirs , successors and assigns . 5 4-32 . 6 ENFORCEMENT. All provisions of this Ordinance shall be 6 enforced by the Building Official, and/or his designated 7 representatives . For such purposes , the Building Official 8 or his duly authorized representative shall have the power 9 of a police officer . 10 4-32. 7 APPEALS . Any person or persons aggrieved by any action 11 of the Planning Department may within 14 days of such action 12 file a notice of appeal with the City Clerk accompanied 13 by the appeal fee. The notice of appeal shall be in writing 14 and shall specify with particularity the grounds for 15 appeal . Appeals from the action of the Planning Department 16 shall be heard by the Hearing Examiner de novo under the 17 procedures established in the Land Use Hearing Examiner 18 Ordinance, Section 4-3001 et seq of the City Code, including 19 appeals to the City Council as provided in Section 4-3016 20 of the City Code. 21 4-32. 8 PENALTIES FOR VIOLATION. Any person, firm or corporation, 22 whether as principal , agent, employee, or otherwise , 23 violating or causing the violation of any of the provisions 24 of this Ordinance upon conviction shall be guilty of a 25 misdemeanor or gross misdemeanor , and shall be punishable 26 by a fine of not more than five hundred dollars ($500) 27 or by imprisonment for a term not to exceed six ( 6) months , 28 or by such fine and imprisonment. Such person, firm or 29 corporation shall be deemed guilty of a separate offense 30 for each and every day during any portion of which any 31 violation of this Ordinance is committed or continued by 32 such person, firm, or corporation and shall be punishable 33 as herein provided. 34 4-32 .9 INJUNCTIVE ENFORCEMENT. Any violation of the provisions of CITY Of RENTON PLANNING DEPARTMENT - 7 - Ii 1 the Ordinance is hereby declared to be a public nuisance and 2 may be abated through proceedings for injunctive or similar 3 relief in Superior Court or other court of competent 4 jurisdiction. 5 4-32. 10 SEVERABILITY. If any section, paragraph, subsection, clause 6 or phrase of this Ordinance if for any reason held to be 7 unconstitutional or invalid such decision shall not affect 8 the validity of the remaining portions of the Ordinance. 9 4-32. 11 EFFECTIVE DATE. This Ordinance shall take effect and be in 10 force five (5) days after its publication. 11 �I l 12 PASSED BY THE CITY COUNCIL this day of , 19 13 I• 14 Delores A. Mead, City Clerk 15 16 APPROVED BY THE MAYOR this day of , 19 17 18 Charles J. Delaurenti, Mayor 19 20 Approved as to form: 21 22 Lawrence J. Warren, City Attorney 23 24 25 Date of Publication 26 27 28 29 30 31 32 33 34 CITY OF PENTON PLANNING MAPTMFNT