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HomeMy WebLinkAboutORD 6128 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6128 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-2-060.D, 4-2-060.G, 4-2-080.A.88, 4-2-080.A.89, 4-2-110A, 4-2- 110C, 4-3-050C.3, 4-3-090D.2.c, 4-3-090E.1, 4-6-060.D, 4-9-190.C.1, 4-9-250.C.5, AND 4-11-040.QQ OF THE RENTON MUNICIPAL CODE; AMENDING SECTIONS 4- 11-080, 4-11-110, 4-11-160, AND 4-11-200 OF THE RENTON MUNICIPAL CODE; CODIFYING ADMINISTRATIVE CODE INTERPRETATIONS FROM JULY 1, 2022 TO JULY 5, 2023; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Renton Municipal Code Section 4-1-080, Interpretation, the Community and Economic Development Administrator ("Administrator") is authorized to make interpretations regarding the implementation of unclear or contradictory regulations contained in Title IV; and WHEREAS,the Administrator recognized that the Title IV regulations addressed in this Ordinance contained unclear or contradictory language; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on September 15, 2023, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS,the Planning Commission held a public hearing on October 4,2023,considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: ORDINANCE NO. 6128 SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-2-060.D of the Renton Municipal Code is amended as shown in Attachment A. SECTION III. Subsection 4-2-060.G of the Renton Municipal Code is amended as shown in Attachment B. SECTION IV. Subsections 4-2-080.A.88 and 4-2-080.A.89 of the Renton Municipal Code are amended as shown below. All other provisions of 4-2-080.A remain in effect and unchanged. 88. Permanent supportive housing, as defined under RCW 36.70A.030, and Ttransitional housing as defined under Chapter 84.36 RCW, is are allowed land uses where residential dwellings and/or hotels uses are allowed, / subject to the density and dimensional standards of the corresponding zone or to no more than one hundred (100) dwelling units, whichever is less; where no density maximum is applied or dwelling units are prohibited, the maximum density shall be thirty (30) dwelling units per net acre. The of one hun fired (1nrn , be i d to one hundred fifteen (115) dwelling units if there is a written agreement with the City to designate at least fifteen percent (15%) of the dwelling units to those currently experiencing homelessness in the City. y 89. Reserved. Minix.,,,..., „t r sidential densit„ and structured parking requirements in RMC 4 2 120B, and all requirements in RMC 4 2 080A.16 and w,transitional prt' h si rr � r N� + No 2 ORDINANCE NO. 6128 the rooms contain both bathr omr nd kitchens sr, that thn be rted intr, mber of r sidential dwelling units that do not ed th„ n mber of SECTION V. Subsection 4-2-110A of the Renton Municipal Code is amended as shown on Attachment C. SECTION VI. Subsection 4-2-110C of the Renton Municipal Code is amended as shown on Attachment D. SECTION VII. Subsection 4-3-050C.3 of the Renton Municipal Code is amended as shown on Attachment E. SECTION VIII. Subsection 4-3-090D.2.c of the Renton Municipal Code is amended as follows: c. Critical Areas within Shoreline Jurisdiction: i. Applicable Critical Area Regulations: Critical areas regulations, as codified in RMC 4-3-050, (Ordinance Number 5976,August 3, 2020) Critical Area Regulations, are adopted by reference except for the provisions modified in subsection RMC 4- 3-090D 2_c_ii of this Section and excluded in RMC 4-3-090D.2.c.iii of this Section. Said provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provision adopted by reference and the Shoreline Master 3 ORDINANCE NO. 6128 Program. Within shoreline jurisdiction, the regulations of RMC 4-3-050 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program,the most Shoreline Management Act and this Shoreline Master Program shall prevail. ii.The following provisions of the Critical Areas Regulations in RMC 4-3-050 are modified within shoreline jurisdiction: (a) RMC 4-3-050G_1 is not adopted within shoreline jurisdiction. Uses and developments within shoreline jurisdiction, including proposals with critical areas, are subject to the standard of no net loss of shoreline ecological functions and processes. (b)Within shoreline jurisdiction,variances to critical areas regulations shall be processed through a shoreline variance in RMC 4-9-1901, rather than RMC 4-9- 250. (c) To provide for flexibility in the administration of the ecological protection provisions of the Shoreline Master Program, alternative averaged buffer approaches provided in RMC 4-3-0501 may be utilized within shoreline jurisdiction. Other reduced buffer allowances provided in RMC 4-3-0501 are not applicable within the shoreline jurisdiction. 4 ORDINANCE NO. 6128 (d) Wetland Identification, Rating, Buffer, Mitigation Ratio, and Buffer Averaging provisions of subsection D.2.d of this Section shall apply within shoreline jurisdiction. iii. Inapplicable Critical Area Regulations: The following provisions of RMC 4-3- 050, Critical Area Regulations, shall not apply within shoreline jurisdiction: (a) RMC 4-3-050K, Variances, RMC 4-3-050G.1 and any related reference to RMC 4-9-250. (b) RMC 4-3-050M, Appeals, shoreline permit appeals are dictated by the Shoreline Management Act and must be executed in accordance with RCW 90.58.180. (c) Any allowance provided based on a reference to Reasonable Use. Within the shoreline jurisdiction, reasonable use is demonstrated through the shoreline variance. (d) Reserved. (e) Other GMA authorized administrative provisions such as appeals, permits, penalties and enforcement that are not consistent with the Shoreline Management Act. (f) RMC 4-3-050G.9.d.ii Independent buffer study allowances for alternative wetland buffers. (g) Pursuant to RMC 4-3-050C.3 Table footnote 22, allowances for new accessory structures, such as fences, gazebos, storage sheds, and playhouses within a critical area buffer are not applicable within the shoreline jurisdiction. 5 ORDINANCE NO. 6128 iv. Critical Area Regulations for Habitat Conservation Areas: Shoreline Environments designated as Natural or Urban Conservancy shall be considered Habitat Conservation Areas. Regulations for habitat conservation areas Type S Streams and Lakes are contained within the development standards and use standards of the Shoreline Master Program, including but not limited to subsection F.1 of this Section, Vegetation Conservation, which establishes vegetated buffers adjacent to water bodies and specific provisions for use and for shoreline modification in subsections E and F of this Section. There shall be no modification of the required setback and buffer for non-water-dependent uses in Type S Fish Habitat Conservation areas without an approved Shoreline Conditional Use Permit. v. Alternate Mitigation Approaches: To provide for flexibility in the administration of the ecological protection provisions of the Shoreline Master Program, alternative mitigation approaches may be applied for as provided in RMC 4-3-050L.1.g_iv, Alternative Mitigation. Modifications within shoreline jurisdiction may be approved for those critical areas regulated by that Section as a Shoreline Conditional Use Permit where such approaches provide increased protection of shoreline ecological functions and processes over the standard provisions of the Shoreline Master Program and are scientifically supported by specific studies performed by qualified professionals. SECTION IX. Subsection 4-3-090E.1 of the Renton Municipal Code is amended as shown on Attachment F. 6 ORDINANCE NO. 6128 SECTION X. Subsection 4-6-060.D of the Renton Municipal Code is amended as follows: D. EXEMPTIONS: The following exemptions shall be made to the requirements listed in this Section: 1. New construction or addition with valuation less than one hundred fifty seventy-five thousand dollars ($1750,000.00) (the value of which shall be reviewed in conjunction with mandatory periodic updates of the Comprehensive Plan and based on the Seattle Construction Cost Index). 2. Interior remodels of any value not involving a building addition. 3. If demonstrated as necessary to mitigate an extreme hardship not caused by the requestor. SECTION XI. Subsection 4-9-190.C.1 of the Renton Municipal Code is amended as follows: 1. The following shall not be considered substantial developments for the purpose of this Master Program and are exempt from obtaining a Shoreline Substantial Development Permit (SSDP). An exemption from an SSDP is not an exemption from compliance with the Act or the Shoreline Master Program, or from any other regulatory requirements. a. Governor's Certification: Any project with a certification from the Governor pursuant to chapter 80.50 RCW. b. Projects Valued at $7,01740-8,504.00 or Less: Any development of which the total cost or fair market value does not exceed &von thousand forty 7 ORDINANCE NO. 6128 seven eight thousand five hundred four dollars ($7,017.00 8,504.00), or as adjusted per RCW 90.58.030(3), if such development does not materially interfere with the normal public use of the water or shorelines of the State. c. Maintenance and Repair: Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. i. "Normal maintenance"includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. ii. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance,within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. iii. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. d. Emergency Construction: Emergency construction necessary to protect property from damage by the elements. 8 ORDINANCE NO. 6128 i. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with the Shoreline Master Program. ii. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed to be the appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, chapter 173-27 WAC or the Shoreline Master Program shall be obtained. iii. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the Shoreline Master Program. iv. In general,flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. e. Agricultural Construction or Practices: Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures, including, but not limited to, head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling, other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching 9 ORDINANCE NO. 6128 activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay,grain,silage,or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. f. Construction of Single Family Residence and Accessory Buildings: Construction on shorelands by an owner, lessee or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty five feet (35') above average grade level as defined in WAC 173-27-030 and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this Section. i. "Single family" residence means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single family residence and is located landward of the OHWM and/or the perimeter of a wetland. ii. Construction authorized under this exemption shall be located landward of the OHWM. g.Construction of Noncommercial Docks: Construction of a dock including a community dock designed for pleasure craft only,for the private noncommercial use of the owner, lessee, or contract purchaser of single and multi-family residences. 10 ORDINANCE NO. 6128 i. This exception applies if the fair market value of the dock does not exceed: (a) twenty thousand dollars ($20,000.00) for docks that are constructed to replace existing docks and are of equal or lesser square footage than the dock being replaced; or (b) ten thousand dollars ($10,000.00) for all other docks constructed in fresh waters. However, if subsequent construction occurs within five (5) years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development permit; and ii. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. h. Construction Authorized by the Coast Guard: Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys. i. Operation, Maintenance, or Construction Related to Irrigation: Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 11 :9 ORDINANCE NO. 6128 j. Marking of Property Lines on State-Owned Lands: The marking of property lines or corners on State-owned lands when such marking does not interfere with the normal public use of the surface of the water. k. Operation and Maintenance of Agricultural Drainage or Dikes: Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. I. Activities Necessary for Permit Application: Site exploration and investigation activities that are prerequisites to preparation of an application for development authorization under the Shoreline Master Program, if: i. The activity does not interfere with the normal public use of the surface waters. ii. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. iii.The activity does not involve the installation of a structure,and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity. iv. A private entity seeking development authorization under the Shoreline Master Program first posts a performance bond or provides other evidence of financial responsibility to the Planning Division to ensure that the site is restored to pre-existing conditions. 12 ORDINANCE NO. 6128 v. The activity is not subject to the permit requirements of RCW 90.58.550. m. Removal or Control of Aquatic Noxious Weeds: The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of a herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other State agencies under chapter 43.21C RCW. n. Watershed Restoration Projects: Watershed restoration projects as defined below: i. "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (a) A project that involves less than ten (10) miles of streamreach, in which less than twenty five (25) cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged,and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings. (b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. 13 ORDINANCE NO. 6128 (c)A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the State, provided that any structure, other than a bridge or culvert or in stream habitat enhancement structure associated with the project, is less than two hundred (200) square feet in floor area and is located above the OHWM of the stream. ii. "Watershed restoration plan" means a plan,developed or sponsored by a State department, a federally recognized Indian Tribe, a city, a county or a conservation district, for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act. The watershed restoration plan generally contains a general program and implementation measures or actions for the preservation, restoration, re- creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed. o. Projects to Improve Fish and Wildlife Passage or Habitat: A public or private project,the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply: i. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose. ii. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 77.04 RCW. 14 ORDINANCE NO. 6128 iii. The Planning Division has determined that the project is consistent with the Shoreline Master Program. p. Hazardous Substance Remediation: Hazardous substance remedial actions pursuant to WAC 173-26-231(3)(a)(iii)(B)(V). q. Projects on Lands Not Subject to Shoreline Jurisdiction Prior to Restoration: Actions on land that otherwise would not be under the jurisdiction of the Shoreline Management Act except for a change in the location of OHWM or other criteria due to a shoreline restoration project creating a landward shift in the OHWM that brings the land under the jurisdiction of the Act. r. Americans with Disabilities Act: The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities. SECTION XII. Subsection 4-9-250.C.5 of the Renton Municipal Code is amended as follows: 5. Decision Criteria for Waivers of Street Improvements: Reasonable justification shall be based on criteria "a" and "b" below; and additional justification that may include, but is not limited to, criteria "c"through "e" below: a. Required street improvements would have a negative impact on other properties. b. In no case shall a waiver be granted unless it is shown that there will be a de minimis effect on the public health, safety or welfare if the improvements are 15 ORDINANCE NO. 6128 not installed, and that the improvements are not needed for current or anticipated development. c. Required street improvements will alter an existing wetlands or stream, or have a negative impact on a shoreline's area. d. Required improvements will be installed as part of a City project, as identified in the City's Transportation Improvement Program or similar documentation as determined by the Administrator. e. Existing steep topography would make required street improvements infeasible. SECTION XIII. Subsection 4-11-040.QQ of the Renton Municipal Code is amended as follows: QQ. DWELLING UNIT: A structure or portion of a structure designed, occupied or intended for occupancy as a single unit providing complete, independent living facilities with separated,living quarters, a kitchen, sleeping, and sanitary facilities provided for the exclusive use of a single household. For the purposes of this definition, sanitary facilities shall include a sink, a toilet, and a shower or bathtub. SECTION XIV. Section 4-11-080 of the Renton Municipal Code is amended as follows: 4-11-080 DEFINITIONS H: A. HAZARDOUS MATERIALS:Those chemicals or substances which are physical or health hazards as defined and classified in Chapter 50 of the International Fire Code as adopted or amended by the City whether the materials are in usable or waste condition; and any material that may degrade groundwater 16 ORDINANCE NO. 6128 quality when improperly used, stored, disposed of, or otherwise mismanaged. Appendix H of the International Fire Code provides further information, explanations, and examples of hazardous materials. B. HAZARDOUS MATERIALS INVENTORY STATEMENT: A form provided by the Department or the Fire Department and completed by a facility owner that provides specified information regarding hazardous materials at the facility. C. HAZARDOUS SUBSTANCE:Any liquid, solid, gas or sludge, including any material, substance, product commodity or waste that exhibits the characteristics of hazardous waste as described in chapter 70.105 RCW. D. HAZARDOUS WASTE:All dangerous and extremely hazardous waste, except for moderate-risk waste, as defined in RCW 70.105.010. E. HEALTH HAZARD: See RMC 4-6-100. F. HEARING EXAMINER:The office of the Hearing Examiner as defined by RMC Title 1.The Hearing Examiner is appointed by the Mayor of the City to conduct public hearings on applications outlined in chapter 4-8 RMC, and prepares a record, findings of fact and conclusions on such applications. G. HEARINGS BOARD, SHORELINE:The Shorelines Hearings Board established by the Shoreline Management Act. H. HEIGHT: See BUILDING HEIGHT or SIGN HEIGHT. I. HEIGHT, CLEAR: Distance from the floor to the lowest-hanging ceiling member or hanging objects, beams, joists or truss work descending down into a substantial portion of the area. 17 ORDINANCE NO. 6128 J. HEIGHT, FLOOR-TO-CEILING:The vertical distance between the finished floor and the ceiling. K. HIGH BLOWDOWN POTENTIAL: An area where field conditions indicate the potential for tree blowdown is high. Evidence may include the presence of toppled trees in the area, and thin or saturated soils. L. HIGH OCCUPANCY VEHICLE (HOV): A vehicle carrying more than a specified minimum number of people (usually two (2) or three (3) persons). M. HIGH QUALITY DESIGN: A development project that encourages pedestrian activity or adds pedestrian interest and exhibits a degree of craftsmanship, building detailing, architectural design, or quality of materials that are not typically found in standard construction. Responds to site conditions through its orientation, circulation, and/or incorporation of special site features. Buildings characterized by standard corporate identity elements (e.g., fast food establishments with signature roofline or facade features) or standard building plans (e.g., stock plans that are unable to adapt to site conditions) are not typically considered high quality design. N. HIGH RISE: A structure exceeding seventy five feet (75') in height. O. HIGHEST ADJACENT GRADE:The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. P. HILLSIDE: An inclined landform which may include one or more classes of slope: steep (sensitive and/or protected) and non-steep (i.e., less than twenty five percent (25%)). 18 ORDINANCE NO. 6128 g. HILLSIDESUBDIVISION:A subdivis ion in which the average slope is twenty percent (20%) or in which any street in the subdivision has grades greater than fifteen percent (15%) at any point. R. HISTORIC STRUCTURE: (This definition is for flood hazard regulations in RMC 4-3-050 use only.) Any structure that is: 1. Listed individuallyin the National Register of Historic Places (a listing g maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or 2. Certified or preliminarilydetermined bythe Secretaryof the Interior as contributing to the historical significance of a registered historic district or-a district preliminarily determined by the Secretary to qualify as a registered historic district; or 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior, or b. Directly by the Secretary of the Interior in states without approved programs. 19 ORDINANCE NO. 6128 S. HOLISTIC HEALTH CARE CENTER: A combination of activities intended for improvement or maintenance of health including out-patient and/or in-patient care and supporting accessory activities including space for medical practitioners, retail sales, educational classrooms and meeting spaces. T. HOME OCCUPATION:Any commercial use conducted entirely within a dwelling or accessory structure and carried on by persons residing in that dwelling unit, but is clearly incidental and secondary to the use of the dwelling as a residence. U. HOMELESS ENCAMPMENT: See TEMPORARY HOMELESS ENCAMPMENT. V. HOMELESS SERVICES USE: Shelters or housing as defined below: 1. Day Shelter: A facility that offers a haven to people experiencing homelessness by providing a safe place to rest during the day or evening, but with no overnight stays. Support services for homeless populations is an integral part of a day shelter use and may include access to food, seating, showers, laundry, restrooms, storage, a computer lab, phones, fax, and a critical mailing address. Spaces for meetings and examinations are generally provided to accommodate counseling and access to medical/dental and legal assistance. 2. Emergency Shelter: Emergency shelter has the same meaning as Consistent with "emergency shelter" in RCW 36.70A.030, and as may be hereafter amended. a-fac-ility-that-pfevides-a4eRveca-Fy-slaelter-far-i-Rel-iviel4als-GF-famiiies who arc currently homeless. Emergency shelter may not require occupants to 20 ORDINANCE NO. 6128 enter into a leaser er an occupancy emen+ Emergency shelter facilities m ay include day and warming centers that rle net provide a ght a odations 3. Emergency Housing: Emergency housing has the same meaning as • Consistent with "emergency housing" in RCW 36.70A.030, and as hereafter amended. homeless er at i nt risk of becoming themeless that i ntended to address the basic health, food, clothi„g,a� arson �gtc ccd f individuals e families. Emergency housing may er may net require occupants to enter into a lame or an occupancy agreement. A COVID 19 dcintcnsification shelter meeting this definition is a homeless services use. W. HOMEOWNERS' ASSOCIATION:An incorporated nonprofit organization formed or qualified under the laws of the State of Washington, operating under recorded land agreements through which: (a) each land owner is automatically a member, (b) each land owner is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property and facilities, and (c) such charge, if unpaid, becomes a lien against the property of the land owner. X. HOTEL:A building or portion thereof wherein a majority of the net floor area is dedicated for the rental of rooms for transient occupancy for sleeping purposes in exchange for payment,and typically based on a per night and per room basis for no more than thirty (30) continuous days and not meeting the definition of "homeless services use." For the purposes of this definition, "transient" means 21 ORDINANCE NO. 6128 less than one month, or less than thirty (30) continuous days if the rental period does not begin on the first day of the month. Hotel structures are at least two (2) stories in height, with lodging space generally above the first floor. Lodging space may also be located on the first floor. Individual rooms are accessed from a common hallway and include permanent provisions for sanitation but do not provide kitchen facilities. A commercial kitchen and dining room catering to the hotel patrons may be provided, event space, eating and drinking establishments, and accessory shops and services typically located in or provided by hotels and catering to the general public may be provided. Not included in this definition are facilities providing crisis intervention or case management or both, attached dwellings, bed and breakfasts, or motels. Y. HOTEL, EXTENDED-STAY: A building or portion thereof for rental of rooms with permanent provisions for living, eating, sanitation, and cooking for temporary occupancy without limits on duration. Extended-stay hotel structures are at least two (2) stories in height,with lodging space generally above the first floor, and not meeting the definition of a homeless services use. Lodging space may also be located on the first floor. Individual rooms accessed from a common hallway. A commercial kitchen and dining room catering to the extended-stay patrons may be provided; event space, eating and drinking establishments, and accessory shops and services typically located in or provided by hotels or extended-stay hotels and catering to the general public may be provided. Not included in this definition are 22 ORDINANCE NO. 6128 facilities providing crisis intervention or case management or both, attached dwellings, bed and breakfasts, hotels, or motels. Z. HOUSEHOLD:A family living together in a single dwelling unit with common access to, and common use of, all living, sanitation facilities, and all areas and facilities for the preparation, consumption and storage of food within the dwelling unit. AA.HUMAN SCALE:The perceived size of a building relative to a human being. A building is considered to have good human scale if there is an expression of human activity or use that indicates the building's size. For example, traditionally sized doors, windows, and balconies are elements that respond to the size of a human body, so these elements in a building indicate a building's overall size. BB.HUMAN SCALE ELEMENTS:Architectural elements such as railings, windows with multiple panes, doorways, or fences, that are scaled for human use and convey the idea of human activity or human occupancy. CC.HYPORHEIC ZONE:The saturated zone located beneath and abutting streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. SECTION XV. Subsection 4-11-110 of the Renton Municipal Code is amended to add a new definition in alphabetical order as follows: 4-11-110 DEFINITIONS K: 23 ORDINANCE NO. 6128 A. KENNEL: A commercial facility for the care and/or breeding of dogs and/or cats,except that a pet day care is not a kennel although a pet day care and a kennel might be housed within the same facility. (See PET DAY CARE.) B. KITCHEN: a kitchen means an area within a dwelling unit that is used or designed to be used for the preparation or cooking of food and that contains the following: gas line and/or 240-volt electrical outlet; a stove/range with an approved exhaust system; a sink with dimensions no less than twenty-two (22) inches wide, sixteen (16) inches long, and eight (8) inches deep with a waste line drain one-and one half (1-1/2) inches or greater in diameter; and a refrigerator exceeding five (5) cubic feet in capacity. SECTION XVI. Subsection 4-11-160 of the Renton Municipal Code the definition of Permanent Supportive Housing is amended as follows: 4-11-160 DEFINITIONS P: A. PARCEL: A unit of land created specifically for the purpose of tax collection. B. PARENT SITE: (This definition for RMC 4-7-090, Unit Lot Subdivisions, only.) The aggregate of all land (irrespective of existing or future unit lots, tracts; or other distinct properties) within the boundaries of the original lot(s) subject to a unit lot subdivision within which townhouses exist or are proposed,and the land underlying the townhouses subdivided so that each townhouse dwelling unit is located on a unit lot. C. 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 24 ORDINANCE NO. 6128 provided by a unit of government to meet the active and/or passive recreational needs of people. D. PARK AND RIDE, DEDICATED: A surface parking lot or structured parking garage used for parking of vehicles for commuters using any form of transit or ridesharing. This definition excludes commercial or public surface parking and commercial or public structured parking garages. E. PARK AND RIDE, SHARED-USE: A pre-existing parking lot or structured parking garage created for purposes other than commuter parking that has specific numbers of spaces or an entire lot or garage leased to a transit authority to allow commuters to park their vehicles to use any form of transit or ridesharing. This definition excludes dedicated park and rides, commercial or public surface parking, and commercial or public structured parking garage. F. PARK, COMMUNITY/REGIONAL: Larger than neighborhood parks, these are designed for organized activities and sports, although individual and family activities are also encouraged. Where there are no neighborhood parks, the community or regional park can serve this function. Larger parks often include one specific use or feature that makes the park unique. This definition includes but is not limited to community and regional parks as defined by the City of Renton Parks Plan, trails for nonmotorized travel, and accessory uses normal and incidental to parks. G. PARK, NEIGHBORHOOD: A combination playground and park designed primarily for nonsupervised, nonorganized recreation activities. They are 25 ORDINANCE NO. 6128 generally small in size. This definition includes but is not limited to community gardens and other accessory uses normal and incidental to parks. H. PARKING, BICYCLE: An off-street space intended for the use of bicycle storage, which includes a bicycle rack or similar facility that allows one to lock a bicycle in place. I. PARKING GARAGE,STRUCTURED,COMMERCIAL OR PUBLIC:A building or structure which may be located above or below ground, with stalls accessed via interior aisles, and used for temporary storage of motor vehicles. Structured parking can be a stand-alone use or a part of a building containing other uses.This definition excludes dedicated park and rides, shared-use park and rides, and commercial or public surface parking. J. PARKING MODULE:A parking area that meets maximum physical dimensions as delineated in the Urban Center Design Overlay regulations. K. PARKING, OFF-SITE: Parking for a particular land use on land separate from the land on which the use occurs.The use for parking is subject to a lease or other agreement ensuring the perpetual use of the off-site land for parking. L. PARKING SPACE or PARKING STALL: A parking space is any off-street space intended for the use of temporary vehicular storage for durations of less than seventy two (72) hours with ingress and egress to the space easily identifiable. Included in this definition are the permanent surface, striping, landscaping and other features required by RMC 4-4-080. 26 ORDINANCE NO. 6128 M. PARKING, SURFACE, COMMERCIAL OR PUBLIC: Open lots or grounds with at-grade parking improvements.This definition excludes dedicated park and rides, shared-use park and rides, and commercial and public structured parking garages. N. PARKING, TANDEM:The parking of one motor vehicle behind another, in a space two (2) car lengths long, but only one car length wide. O. PARTY OF RECORD: Party of record means: 1. The permit applicant and the owner of property subject to the land use decision; 2. The appellant (if different than the permit applicant); 3. The City (if different than the appellant); or 4. Any person who provided a complete name and address(either physical address or email address) and testified during the open record public hearing, either verbally or in writing, on the application and/or any person who submitted written comments during administrative review,excluding persons who have only signed petitions or mechanically produced form letters. P. PARTY OF RECORD: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) All persons, agencies or organizations who have submitted written comments in response to a notice of application prior to the close of the public hearing or during the administrative review; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit 27 ORDINANCE NO. 6128 and who have provided an address for delivery (either physical address or email address) of such notice by mail. g PASSIVE RECREATION: See RECREATION, PASSIVE. R. PAVED: Surfaced with a hard, smooth surface, usually consisting of concrete or asphalt underlain by a subgrade of crushed rock. S. PAVEMENT WIDTH: Width of paved driving and parking surface, including street gutters, as measured from face of curb to face of curb, or from edge of pavement where there are no curbs. T. PEAK DISCHARGE:The maximum surface water runoff rate (cfs) at point of discharge, determined from the design storm frequency. U. PEDESTRIAN CORRIDORS: Areas designated in the Comprehensive Plan as primary routes for pedestrian use to connect sub-areas of the City or regional trail systems, and to provide access to public facilities. V. PEDESTRIAN-ORIENTED DEVELOPMENT/STREET: Development on a pedestrian-oriented street is encouraged through master planning, building location and design guidelines and typically meets the following criteria: 1) buildings in scale with the street, one to two (2) stories along residential/minor collectors and three (3) or more stories along primary and secondary arterials, 2) buildings located close to the street/walkway, 3) at least one pedestrian entry oriented to the street, and 4) clearly identified sidewalks and/or grade separated walkways. 28 ORDINANCE NO. 6128 W. PEDESTRIAN-ORIENTED FACADE: Facades featuring characteristics that make them attractive to pedestrians, including transparent window area or window displays along the ground floor facade, primary building entry, and overhead weather protection along at least seventy five percent (75%) of the facade. X. PEDESTRIAN-ORIENTED SPACE: A publicly accessible space that includes elements such as visual and pedestrian access to abutting structures, paved walking surfaces of either concrete or unit paving, on-site or building-mounted lighting, and public seating areas. Y. PEDESTRIAN-ORIENTED STREET: See STREET, PEDESTRIAN-ORIENTED. Z. PEDESTRIAN-ORIENTED USE: Businesses typically frequented by and conveniently located for use by pedestrians. AA.PERENNIAL: Waters which flow continuously. BB.PERFORMANCE BOND OR GUARANTEE:That securitywhich be may accepted in lieu of a requirement that certain improvements be made before approval of the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. CC.PERMANENT SUPPORTIVE HOUSING: Permanent supportive housing has the same meaning as "Permanent supportive housing" in RCW 36.70A.030, and as thereafter amended. Consistent with RCW 36.70A.030, subsidized, Icased dwelling . nit5 with no limit on length of stay that p ritizes people who need comprehensive support services to retain tenancy and utilizes admissions 29 ORDINANCE NO. 6128 r harriers try entry than ld be + l f r eth eF subsidized or unsubsid.zed rental housing, especi• lly related +o rental history, criminal history an.d personal behaviors Permanent r or+iye housing i. re d wi th on she a of site. ok A+ary r es designed + + li ith hehavioral health h •i l h lth .ditien h r experiencing homelcssnef or was at ifIl-FRIRCAt risk of homelessness prior to moving into housi to retain the he h ssf +1 + h s 0 ngr a .d a.rr_a.ngement, improve +he ident s health + + + the housing with community based health care, treatment, or employment cervices. Permanent supportive housing is subject to all of the rights and recponrihilitier .defined in Chanter 59 18 RCW DD. PERMIT, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Any substantial development, variance, conditional use permit, or revision authorized under chapter 90.58 RCW. EE. PERMITTED USES: See USES, PERMITTED. FF. PERSON: Any person, individual, public or private corporation, firm, association,joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant, other legal entity, or any other entity whatsoever or any combination of such,jointly or severally. GG. PERSONAL DELIVERY DEVICE: Consistent with RCW 46.75.010, a "personal delivery device" means an electrically powered device to which all of the following apply: 30 ORDINANCE NO. 6128 1. The device is intended primarily to transport property on sidewalks and crosswalks; 2. The device weighs less than one hundred twenty (120) pounds, excluding any property being carried in the device; 3. The device will operate at a maximum speed of six (6) miles per hour; and 4. The device is equipped with automated driving technology, including software and hardware, enabling the operation of the device, with the support and supervision of a remote personal delivery device operator. HH. PERSONAL DELIVERY DEVICE DISPENSER: Any structure that provides personal delivery device storage and device charging. II. PERSONAL DELIVERY DEVICE OPERATOR: Consistent with RCW 46.75.010, a "personal delivery device operator" means an employee or agent of an eligible entity who has the capability to control or monitor the navigation and operation of a personal delivery device. "Personal delivery device operator" does not include: 1. With respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service; or 2. A person who only arranges for and dispatches a personal delivery device for a delivery or other service. JJ. PERVIOUS SURFACE: Any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, and native 31 ORDINANCE NO. 6128 vegetation areas. Note for purposes of Surface Water Design Manual (RMC 4-6- 030) threshold determination and runoff volume modeling for detention and treatment, vegetated roofs and permeable pavements are to be considered impervious surfaces along with lawns, landscaping, sports fields, golf courses, and other areas that have modified runoff characteristics resulting from the addition of underdrains. KK.PET DAY CARE:A commercial facility where four (4) or more dogs or other household pet animals are left by their owners for periods of supervision during the hours the facility is open to the public (i.e., business hours). LL. PETS, HOUSEHOLD:Animals that are generally kept as part of a household and for the purpose of companionship. These animals are to include: dogs, cats, rabbits, caged indoor birds, small rodents, nonvenomous reptiles and amphibians weighing less than ten (10) pounds, and others of similar size and characteristics as approved by the Planning Director. MM. PIER: A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. This definition does not include overwater trails. NN. PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of hazardous materials. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. 32 ORDINANCE NO. 6128 00. PLANNED UNIT DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Special contractual agreement between the developer and a governmental body governing development of land. PP. PLANNED URBAN DEVELOPMENT(PUD): Any development approved and developed in accordance with the terms of RMC 4-9-150, including a subdivision of such land, which development may occur at one time or in phases. gat PLANNING COMMISSION: That body as defined in chapters 35.63, 35A.63, or 36.70 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter. RR.PLANNING DIRECTOR:The individual under the direction of the Community and Economic Development Administrator who plans, organizes, coordinates and directs the City's Planning Division, including the development and adoption of the City's Comprehensive Plan, zoning, and development regulations, or designee. Additionally, the Planning Director is responsible for application and enforcement of the City's zoning, shoreline management, and environmental ordinances, review and processing of all land use subdivision permit applications. SS. PLANT ASSOCIATIONS OF INFREQUENT OCCURRENCE: One or more plant species in a landform type that, because of the rarity of the habitat or the species involved, or both, or for other botanical or environmental reasons, do not often occur in King County. 33 ORDINANCE NO. 6128 TT. PLANTING STRIP:That part of a street right-of-way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. UU. PLAT: A map or representation of a subdivision, showing thereon the division of a parcel of land into lots, blocks, streets, and alleys or other division and dedications. VV.PLAT, FINAL:The final drawing of a subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Title and chapter 58.17 RCW. WW. PLAT, PRELIMINARY: A drawing of a proposed subdivision of land into ten (10) or more individual lots showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of the City subdivision regulations and chapter 58.17 RCW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. XX.PLAT, SHORT:The division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership. YY. POTABLE WATER: See RMC 4-6-100. ZZ. POTENTIAL ANNEXATION AREAS: Areas within the Urban Growth Area that have been designated for annexation to the City within the twenty (20) year 34 ORDINANCE NO. 6128 planning horizon by agreement with King County as required by the Countywide Planning Policies and the Growth Management Act. AAA. POTW: See RMC 4-6-100. BBB. PREAPPLICATION MEETING: A conference held with a project applicant and City representative(s) in advance of the proposed land use project application. During the conference,the City representative(s) inform the applicant of applicable policies, plans, and requirements as they apply to the proposed development project. CCC. PRELIMINARY APPROVAL:The official favorable action taken on the preliminary plat of a proposed subdivision, metes and bounds description, or dedication, by the Hearing Examiner following a duly advertised public hearing. DDD. PRELIMINARY PLAT: See PLAT, PRELIMINARY. EEE. PRESCHOOL: Nursery schools or kindergartens which are engaged primarily in educational work with children and in which no child is enrolled,on a regular basis for more than four (4) hours per day. FFF. PRESSURE VACUUM BREAKER: See RMC 4-6-100. GGG. PRIMARY CONTAINMENT:See RMC 4-5-120.G. HHH. PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern as identified by the Washington State Department of Wildlife Priority Habitat and Species Program. "Priority habitats" are habitat types with unique or significant value to many species. An area classified and mapped as priority habitat must have one or more of the following attributes: 35 ORDINANCE NO. 6128 1. Comparatively high fish and wildlife density. 2. Comparatively high fish and wildlife species diversity. 3. Important fish and wildlife breeding habitat. 4. Important fish and wildlife seasonal ranges. 5. Important fish and wildlife movement corridors. 6. Limited availability. 7. High vulnerability to habitat alteration. 8. Unique or dependent species. "Priority species" are fish and wildlife species requiring protective measures and/or management guidelines to ensure their perpetuation. III. PRIVATE CLUB, FRATERNAL ORGANIZATION: An association of persons organized for some common purpose, including civic, professional, social, trade, fraternal, and other similar organizations, but not including groups organized primarily to render a service which is customarily carried on as a business. This definition excludes smoking lounges. JJJ. PRIVATE HYDRANT: A fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. The location may be such that it is not readily accessible for immediate use by the fire authority for other than certain private property. KKK. PRODUCT TIGHT:See RMC 4-5-120.G. LLL. PROJECTION: The distance by which a sign extends over public property or beyond the building line. 36 ORDINANCE NO. 6128 MMM. PROPERTY OWNERS' ASSOCIATION: See HOMEOWNERS' ASSOCIATION. NNN. PROPONENT: See APPLICANT. 000. PUBLIC ACCESS: (This definition for RMC 4-3-090,Shoreline Master Program Regulations, use only.) A means of physical ap proach to and along the shoreline available to the general public. This may also include visual approach. PPP. PUBLIC AQUATIC LANDS: Land managed by the Washington State Department of Natural Resources (DNR) located inside the designated inner harbor line. QQQ. PUBLIC FACILITIES: Publicly owned, operated, or leased land and the public facilities and/or uses contained therein, such as streets, roads, highways, sidewalks, street lighting systems, traffic signals, domestic water systems,storm and sanitary sewer systems, park and recreation facilities,schools, and public buildings. Public facilities do not include private structures or uses located on or utilizing public land or facilities (e.g., privately owned and operated Wireless Telecommunication Facility located on leased public land). RRR. PUBLIC INTEREST: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The interest shared by the citizens of the State or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. 37 ORDINANCE NO. 6128 SSS. PUBLICLY OWNED TREATMENT WORKS: See RMC 4-6-100. TTT. PUBLIC WORKS ADMINISTRATOR:The Administrator of the Public Works Department or designee. SECTION XVII. Subsection 4-11-200 of the Renton Municipal Code the definition of Transitional Housing is amended as follows: 4-11-200 DEFINITIONS T: A. TANK VEHICLE: A vehicle other than a railroad tank car or boat, with a cargo tank mounted thereon or built as an integral part thereof used for the transportation of flammable or combustible liquids, LP-gas, or hazardous chemicals. Tank vehicles include self-propelled vehicles and full trailers and semi- trailers, with or without motive power, and carrying part or all of the load. B. TAVERN: An establishment used primarily for the serving of liquor by the drink to the general public that holds a Washington State tavern license. Establishments in this category limit their dedicated dining area to less than fifteen percent (15%) of the total establishment and restrict entry to the premises to persons twenty one (21) years of age and older. This definition excludes restaurants, cafes, fast-food establishments, microbreweries with restaurants, and espresso stands. C. TAX LOT SEGREGATION:The separation of two (2) or more legal lots, as defined in RMC 4-11-120, into individual tax parcels. D. TAXI STAND: A facility for pick-up and drop-off of taxi patrons, typically characterized by an area for queuing passengers and taxis. 38 ORDINANCE NO. 6128 E. TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing,without change in the form or content of the information as sent and received. F. TEMPORARY HOMELESS ENCAMPMENT: A group of homeless persons temporarily residing out of doors on a site with services provided by a sponsor and supervised by a managing organization. Al. Managing Organization,Temporary Homeless Encampment: A group or organization that has the capacity to organize and manage a temporary homeless encampment. A temporary encampment "managing organization" may be the same entity as the temporary homeless encampment sponsor. 42. Sponsor, Temporary Homeless Encampment: A religious institution which: la. Owns the property or has an ownership interest in the property,for which a temporary homeless encampment is to be located; and 213. Has an agreement with the temporary homeless encampment managing organization to provide basic services and support for the residents of a temporary homeless encampment and liaison with the surrounding community; and 3c.Joins with the managing organization in an application for a temporary homeless encampment permit. A "sponsor" may be the same entity as the managing organization. 39 ORDINANCE NO. 6128 G. TEMPORARY OR MANUFACTURED BUILDINGS USED FOR CONSTRUCTION: Construction site buildings housing the office of construction/development management and sales staff for duration of construction. H. TEMPORARY USE: A use of limited term. Temporary uses may be established under special circumstances for some temporary time period. I. TENANT: Any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement whether oral or written, express or implied. J. TERRACE:A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. K. THRESHOLD LIMIT VALUE (TLV): The concentration of certain airborne materials representing conditions under which it is believed and adopted by the American Conference of Governmental Industrial Hygienists (ACGIH) that nearly all workers may be repeatedly exposed day after day without adverse effects. L. TOE OF SLOPE:A point or line at the low point of a natural slope or slope created through an excavation or cut where the lower surface changes to horizontal or meets the existing ground surface. The toe of a slope may be a distinct topographic break in slope gradient or the point in which the lower most limit of a steep slope is inclined at less than the gradient of that steep slope for a horizontal distance of a minimum of twenty five feet (25'). M. TOP OF SLOPE: A point or line on the upper surface of a natural slope or slope created through an excavation or cut where it changes to horizontal or 40 ORDINANCE NO. 6128 meets the existing ground surface. The top of a slope may be a distinct topographic break in slope gradient or the point in which the upper most limit of a steep slope is inclined at less than the gradient of that steep slope for a horizontal distance of a minimum of twenty five feet (25'). Al.Top of Excavation or Cut: The upper surface point where the excavation meets the original ground surface. 42. Top of Embankment: The upper surface point or line to which the side slope changes to horizontal or meets original ground surface. N. TOW TRUCK: A vehicle equipped for and used in the business of towing or transporting vehicles. All tow trucks must display a valid Department of Licensing permit or decal that indicates the tow truck class. Al. Class A:Trucks that are capable of towing and recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. 42. Class B:Trucks that are capable of towing and/or recovery of medium- size trucks, trailers, motor homes, or equivalent vehicles. 63. Class E: Tow trucks designed and intended to transport vehicles entirely on a truck bed. O. TOW TRUCK OPERATION: A facility that dispatches tow trucks for hire with no automotive storage area for impounded vehicles. P. TOW TRUCK OPERATION/AUTO IMPOUNDMENT YARD: A facility that dispatches tow trucks for hire with associated automotive storage area for impounded vehicles. 41 ORDINANCE NO. 6128 g TOXIC SUBSTANCE: Those materials listed and documented by the American Conference of Governmental Industrial Hygienists (ACGIH). R. TRACT: An area of land that meets one of the following circumstances (wherever in this Title a tract is required to be created, if an applicant is not pursuing a subdivision then an easement shall be interpreted to suffice for a tract): 1. A physically separate and distinct property created pursuant to the provisions of this title,or pursuant to any previous laws governing the subdivision, short subdivision, or segregation of land created expressly to provide a common benefit or public purpose, including but not limited to land provided for: storm water management, critical areas protection, utilities, recreation, or open space. Such tracts shall be unbuildable, except for the structures and infrastructure necessary to fulfill the common benefit or public purpose for which the tract was created; or 2. A physically separate and distinct property that was not created pursuant to the provisions of this title, nor pursuant to any previous laws governing the subdivision, short subdivision, or segregation of land. Such tracts shall be unbuildable unless converted into a lot pursuant to the provisions of this title. S. TRADE OR VOCATIONAL SCHOOL: A school that provides post secondary education including industrial and technical processes and may include continuing education courses as an accessory use. This definition does not include arts and 42 ORDINANCE NO. 6128 crafts schools studios or other higher/ education institutions such as colleges, universities, or professional schools. T. TRAILER,TRAVEL: See RECREATIONAL VEHICLE. U. TRANSIT CENTER: Any facility designed for accommodating large numbers of public transportation passengers to wait, board, and disembark at the intersection of multiple transit routes. V. TRANSITIONAL HOUSING: Transitional housing has the same meaning as "Transitional housing" in RCW 84.36.043, and as thereafter amended. Consistent with RCW 81. 3 043 ect that p .ides o „ d ll' •+ d that has as its purpose facilitating the trap it' f h I d il' es into independent living W. TRANSPORTATION MANAGEMENT PLAN: A plan developed by the occupant of a building or land use, or by the developer of a proposed project, designed to provide mechanisms for reducing the vehicle demand generated by an existing or proposed land use. X. TRANSPORTATION SYSTEM, MULTI-MODAL: A system of transportation consisting of various types of conveyances,for example, light rail train and bus, or ferry and automobile. Y. TREE: A woody perennial usually having one dominant trunk, or, for certain species, a multi-stemmed trunk system, with a potential minimum height 43 ORDINANCE NO. 6128 of ten feet (10') at maturity. Any trees listed on the Complete King County Weed List shall not qualify as a tree. Al.Tree, High-Risk: Any tree that has been certified in a written arborist report, prepared by an arborist with ISA Tree Risk Assessment Qualification (TRAQ), as possessing the following ISA Tree Risk Assessment characterizations: la. The tree has a probable or imminent likelihood of failure; and 2b. The tree has a medium or high likelihood of impact; and 3c. The consequences of failure for the tree are significant or severe. 42. Tree, Landmark: A tree with a caliper of twenty four inches (24") or greater, except for big leaf maples, black cottonwoods, and red alder trees, which qualify as landmark trees with a caliper of thirty inches (30") or greater. G3.Tree, Protected: A significant tree identified to be retained, or a new tree required to be planted, as a condition of approval for a land development permit. 04.Tree, Significant:A tree with a caliper of at least six inches (6"), except alder or cottonwood trees,which qualify as significant trees with a caliper of eight inches (8") or greater. Trees certified as high-risk shall not be considered significant. g5. Tree, Small Species: A tree with a mature height of thirty feet (30') or less. F6.Tree, Medium Species: A tree with a mature height between thirty feet (30') and fifty feet (50'). 44 ORDINANCE NO. 6128 67.Tree, Large Species: A tree with a mature height of fifty feet (50') or more. Z. TREE PROTECTION TRACT: A restrictive area where all retained and/or replacement trees are protected, and development, alteration, or disturbance within the tract, or tree removal, is prohibited without the explicit approval of the - City. Tree protection tracts may contribute to any required open space. AA.TREE REMOVAL: The removal of a tree, through either direct or indirect actions, including but not limited to: (1) clearing, damaging or poisoning resulting in a high-risk tree; (2) removal of more than forty percent (40%) of the live crown; or (3) damage to roots or trunk that is likely to destroy the tree's structural integrity. BB.TREE TOPPING:The act of removing whole tops of trees, or large branches and/or trunks from the tops of trees, and leaving stubs or lateral branches that result in the disfigurement of the canopy. Tree topping is considered to be tree removal. Other common names for the practice include hat-racking, lopping, heading, rounding over, and tipping. CC.TREE TRIMMING:The intentional removal of a tree's branches in order to reduce the live canopy of the tree by no more than forty percent (40%) during any consecutive twelve (12) months. Trimming more than forty percent (40%) of a tree's canopy during any consecutive twelve(12)months shall be considered "tree topping." 45 ORDINANCE NO. 6128 DD. TRUCK TERMINALS:A building or area in which semitrailers, including tractor and/or trailer units and other trucks are parked, stored for seventy two (72) hours or less, and dispatched.This facility may include incidental servicing and washing facilities. SECTION XVIII. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations;or ordinance numbering and section/subsection numbering and references.The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION XIX. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XX. This ordinance shall be in full force and effect five (5)days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED COUNCIL the 11th day of December, 2023. Jason A. S , City Clerk 46 ORDINANCE NO. 6128 APPROVED BY THE MAYOR this 11th day of December, 2023. Alk Armon• • Pa one, Mayor Approved as to form: Shane Moloney, City Attorney �'__ AL c * - SEAL : *� r c. Date of Publication: 12/14/2023 (Summary) = = WI g, Ord: CED(D231):2283:11/27/2023 �",,,,°RA TED .•` ' 47 ATTACHMENT A AMENDMENTS TO RMC 4-2-060.D (ZONING USE TABLE) RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 D.OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS Accessory AC7 AC7 AC7 AC7 AC7 AC7 AC7 dwelling unit Adult family P P PPP P P P P P P3 home Assisted living AD AD P P P P3 P40 P P96 P96 Caretaker's residence AC AC AC AC AC AC AC AC Congregate residence AD P P3 Group homes I AD H3 Group homes II AD P PPP P P P P P P3 P for 6 or less Group homes II HHHH H H H H P H H3 AD for 7 or more Home Occupations AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC (RMC 4-9-090) _ Live-work unit AD AD AD Permanent supportive HHHHH H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6 housing" Transitional — — — — — — — — — — — — — — — — — — Transitional HHHHH H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6 housingss — — — — — — — — — — — — — — — — — — — — ATTACHMENT B AMENDMENTS TO RMC 4-2-060.G (ZONING USE TABLE) RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 G..OTHER COMMUNITYAND`PUBLIC,FACILITIES - Cemetery HHH H H H H H H H H H H H H H Religious HHHH H H H H H H H H H H H H H H H H institutions Social service organizations H H H H H H H H H H12 H21 H82 H82 Private club, fraternal HHH H H H H H H H H H H H H H12 H21 H82 H82 organizations City government AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P AD AD AD offices City government HHHH H H H H H H H H H H H H H H H H facilities Community health engagement location (CHEL) Jails, existing municipal Diversion facility H71 H71 Secure community transition H71 H71 facilities Other government H H H H H H H H H H H H H H facilities Other government maintenance H H facilities RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC_ R1 __R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 G.OTHER'COMMUNITY AND PUBLIC FACILITIES i:... ,.. Other government AD42 P P P AD P112 P P P P P92 P92 offices Homeless services use H H H H H H H H H H H COVID-19 deintensification P101 P101 ,P101 P101 P101 P101 shelter - Permanent uu L1�1 u L1 L1 L1 L1 �pn u L1 suppory tiye 44 44 44 44 R 44 44 44 44 44 44 44 44 44 IJ IJ IJ 44 R IJ ^1'C�al # # 44 44 # # 44 44 # # 44 # 44 # # # 9 # h 88 ATTACHMENT C 4-2-110A1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY STRUCTURES) RC R-1 R-4 R-6 R-8 R-10 R-14 RMF Minimum Net 3 dwelling 4 dwelling Density(per Net None units units 5 dwelling units30 7 dwelling units30 10 dwelling units30 Acre)1,2,15 Maximum Net Density(per Net 1 dwelling 1 dwelling 4 dwelling 6 dwelling 8 dwelling 29 z9 Acre, Except per 36 10 dwelling units 14 dwelling units 20 dwelling units29 Net 10 Acres in unit unit units units units38 RC)2,14,15 1 dwelling 1 dwelling 1 dwelling Townhouses: 1 Maximum Number with 1 with 1 with 1 Detached dwellings: 1 dwelling with 1 dwelling 1 dwelling with 1 Other Attached of Dwellings (per accessory accessory accessory accessory dwelling unit 2 accessory dwelling unit Dwellings: n/a Legal Lot) dwelling dwelling dwelling Attached dwellings: n/a Per nna.,;,,,,,,,, 11,1o+ unit unit' unit Density Detached Detached Minimum Lot Size2 9,000 sq. 7 000 sq. 5 000 sq. dwellings: 4,000 sq. dwellings: 3,000 sq. 28,31 10 acres 1 acre3,32 32,34 32,34 ,34 ft. ft. n/a ft. ft. ft. Attached dwellings: Attached dwellings: n/a n/a Minimum Lot Townhouses: 25 ft. Width31 150 ft. 100 ft.32 70 ft.32 60 ft.32 50 ft. 40 ft. 30 ft. Other Attached Dwellings: 50 ft. Minimum Lot Townhouses: 30 ft. Width31(Corner 175 ft. 110 ft. 80 ft. 70 ft. 60 ft. 50 ft. 40 ft. Other Attached Lots) Dwellings: 60 ft. Minimum Lot Townhouses: 50 ft. Depth31 300 ft. 200 ft.3,32 100 ft.32 90 ft.32 80 ft. 70 ft. 60 ft. Other Attached Dwellings: 65 ft. RC R-1 R-4 R-6 R-8 R-10 R-14 RMF 15 ft.11, except Townhouses: 15 ft.11, 20 ft. except when all vehicle when all vehicle except when all vehicle Minimum Front 30 ft. 30 ft.6 30 ft.6,33 25 ft.6 access is taken from an alley, access is taken access is taken from an Yard 3 then 15 ft.39 from an alley, then alley,then 10 ft.39 10 ft.39 Other Attached Dwellings: 20 ft. Townhouses: 10 ft.13,39 Minimum Rear 33 39 21,39 21,39 yard',zz,31 35 ft. 30 ft. 25 ft. 25 ft. 25 ft. 15 ft. 10 ft. Other Attached Dwellings: 15 ft.39 Combined Combined Detached Units: 4 Detached Units: 4 15 ft. with ft. ft. 20 ft. with 5 ft. for unattached Minimum Side 25 ft. 15 ft. not less than not less 5 ft Attached Units: 4 Attached Units: 4 side(s),0 ft.for the Yard than 5 ft. ft.for unattached ft. for unattached 7.5 ft. on attached side(s).13 on either side(s), 0 ft.for the side(s), 0 ft.for the either side. side. attached side(s).23 attached side(s).23 Minimum Seconda Front Townhouses: 15 ft.11 Yard",31(applies 30 ft. 30 ft.6 30 ft.6'33 25 ft.6 15 ft.11 15 ft.11 15 ft.11 Other Attached to Corner Lots) Dwellings: 20 ft. Townhouses: 70% Other Attached Dwellings: 35% Maximum Building Coverage (including A maximum coverage Primary and 10% 20% 35% 40% 50% 55% 65% of 45%may be allowed Accessory) through the Hearing Examiner site development plan review process. Maximum Impervious Surface 15% 25% 50% 55% 65% 70% 80% 75% Area Maximum Number 3 2 3 of Stories R-6 - R-8 -R-10 - - --R-14 RMF Townhouses: 32 ft. 24 ft., increase up Other Attached Maximum Wall to 32 ft. possible Dwellings: 32 ft., Plate Height$ 9 1° 32 ft. 24 ft. subject to increase up to 42 ft. 12,18,19 administrative possible subject to conditional use administrative permit approval. conditional use permit approval. Maximum Number of Units per n/a No more than 4 No more than 6 n/a Building2 units per building. units per building. ""_^_^1414 T"^e 2 significant trees per 5,000 sq.ft. Attached units: 1 significant trees per See onnr n n zn 5,000 sq.ft. Afa y See RMC 1 1 130. Minimum Freeway 10 ft. landscaped setback from the street property line. Frontage Setback Maximum Wireless Communication Facilities See RMC 4-4-140,Wireless Communication Facilities.Amateur radio antennas are allowed a maximum height of 6 feet without a Height(including Conditional Use Permit. Larger structures will have a maximum height determined by the Conditional Use Permit process, RMC 4-9-030, Amateur Radio Conditional Use Permits. Antennas) Design Standards See RMC 4-2-115, Residential Design and Open Space Standards. Landscaping See RMC 4-4-070, Landscaping. Exterior Lighting See RMC 4-4-075, Lighting, Exterior On-Site. Screening See RMC 4-4-095,Screening and Storage Height/Location Limitations. Exception for Pre- See RMC 4-10-010, Nonconforming Lots. Existing Legal Lots _ ATTACHMENT D 4-2-110C DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT(ACCESSORY DWELLING UNITS) MAXIMUM NUMBER AND SIZE. Generals' RC, R-1, R-4, R-6, R-8, R- 1 ADU is permitted per legal lot. 10, and R-14 Unit size shall be determined by lot size and the size of the primary structure;the total gross floor area of the ADU shall not exceed the size stated in the Maximum Unit Size section of this table or 75% of the total gross floor area of the primary structure, whichever is smaller.41 MAXIMUM UNIT SIZE .. Lot Area: Maximum ADU Size4o,41 3,000 sq. ft. or less 600 sq. ft. 3,001—4,999 sq. ft. or. 700 sq. ft. less 5,000—6,999 sq. ft. or 800 sq. ft. less 7,000—8,999 sq. ft. or 900 sq. ft. less Greater than 9,000 sq. 1,000 sq. ft. ft. MAXIMUM WALL PLATE HEIGHT1Q 18,19,4 RC, R-1, R-4, R-6, R-8, R- ADUs are subject to the maximum wall plate height of RMC 4-2- 10 and R-14 110A, and associated conditions and shall not be taller than the primary structure. Additional ADU height allowances may be permitted upon application and approval of a modification pursuant to RMC 4-9-250.42 LOCATION, General RC, R-1, R-4, R-6, R-8, R- ADUs shall be located at least 64 ft. from any residential structure. 10 and R-14 — MINIMUM SETBACKS',41.' Front Yard and Secondary Front Yard RC, R-1, R-4, R-6, R-8, R- The ADU shall be set back an additional 5 ft. parallel to and 10 and R-14 measured from the front facade of the primary structure and shall comply with the setbacks applied to the primary structure, as identified in RMC 4-2-110A, Development Standards for Residential Zoning Designations. ADUs shall not be permitted between the primary structure and the street unless approved in the Conditional Use Permit process. Side Yard RC and R-1 25 ft. R4, R-6 and R-8 5 ft. R-10 and R-14 4 ft. Rear Yard RC, R-1, R-4, R-6, R-8, R- 5 ft. 10 and R-14 When located within 10 ft. of the rear property line, at least 25% of the lineal length of the rear yard shall remain unoccupied from accessory dwellings, except when the rear property line abuts an alley. Clear Vision Area RC, R-1, R-4, R-6, R-8, R- In no case shall a structure over 42 in. in height intrude into the 20 10 and R-14 ft. clear vision area defined in RMC 4-11-030. CRITICAL AREAS ; • General RC, R-1, R-4, R-6, R-8, R- See RMC 4-3-050, Critical Areas Regulations, and 4-3-090, 10 and R-14 Shoreline Master Program Regulations. ATTACHMENT E AMENDMENT TO RMC 4-3-050C.3 3. Exemptions —Critical Areas and Buffers: Exempt activities are listed in the following table. If an "X" appears in a box, the listed exemption applies in the specified critical area and required buffer. If an "X" does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table the term "restoration" means returning the subject area back to its original state or better following the performance of the exempt activity. Activities taking place in critical areas and their associated buffers and listed in the following table are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued.Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. All activities within shoreline jurisdiction are subject to Shoreline Master Program Regulations in RMC 4-3-090 and 4-10-095. EXEMPT ACTIVITIES—PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS Flood Geologic Habitat Streams and Wellhead EXEMPT ACTIVITY Hazard Hazard Conservation Lakes:Type F, Protection Wetlands Areas Area Area Np, & Ns Areas a. Conservation, Enhancement, Education and Related Activities: i.'NaturaI Resource/Habitat X X X X X1 X Conservation or Preservation2 ii: Enhancement activities as defined in Chapter 4-11 RMC X X X X X Approved X X X X X1 X Restoration/Mitigation3 b. Research and Site Investigation: EXEMPT ACTIVITIES—PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS Flood Geologic Habitat Streams and Wellhead EXEMPT ACTIVITY Hazard Hazard Conservation Lakes: Type F, Protection Wetlands Areas Area Area Np, & Ns Areas i. Nondestructive Education and Research X X X X X X1 ii. Site Investigative Work.' X X X X X1 X c. Agricultural, Harvesting, Vegetation Management: i. Harvesting Wild Foods5 X X X X X1 X ii. Existing/Ongoing Agricultural X X X X X Activities6 iii. Dangerous Trees? X X X X8 X1 X8 d. Surface Water: i. New Surface Water Discharges' X X X ii. Modification of existing Regional Stormwater Facilities10 X iii. Flood Hazard Areas Reduction11 X X iv. Storm Drainage Piping12 X e. Roads, Parks, Public and Private Utilities18: i. Relocation of Existing Utilities X X X X X1 X out of Critical Area and Buffer13 ii. Maintenance, Operation, and Repair of existing Parks, Trails, Roads, Facilities, and Utilities, X X X X and the Construction of New Trails14 EXEMPT ACTIVITIES—PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS Flood Geologic Habitat Streams and Wellhead EXEMPT ACTIVITY Hazard Hazard Conservation Lakes:Type F, Protection Wetlands Areas Area Area Np, & Ns Areas iii. Utilities, Traffic Control, Walkways, Bikeways Within X X X X Existing, Improved Right-of-Way or Easements15 iv. Modification of Existing Utilities and Streets by Ten X X17 X17 Percent (10%) or Less16 f.Temporary Wetland Impacts: i. Temporary Wetland Impacts19 X X g. Maintenance and Construction—Existing Uses and Facilities: i. Remodeling, Replacing, Removing Existing Structures, X X X X Facilities, and Improvements20 ii. Maintenance and Repair—Any Existing Public or Private Use21 X X X X iii. Modification of an Existing Single Family Dwelling22 X X X X iv. Existing Activities23 X X X X X h. Emergency Activities: i. Emergency Activities24,25,26,27 X X X X X1 X i. Hazardous Materials: i. Federal or State Preemption28 X1 ii. Use of Materials with No Risk29 X1 Footnotes: 1. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality,then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material activity and/or facility. 2. Conservation or preservation of soil, water, vegetation, fish and other wildlife. Within shoreline jurisdiction this includes watershed restoration projects as defined in WAC 173-27- 040(2)(o) or projects to improve fish or wildlife habitat or fish passage approved by the Washington State Department of Fish and Wildlife as described in WAC 173-27-040(2)(p). 3. Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. Within shoreline jurisdiction this includes watershed restoration projects as defined in WAC 173-27-040(2)(o) or projects to improve fish or wildlife habitat or fish passage approved by the Washington State Department of Fish and Wildlife as described in WAC 173-27-040(2)(p). 4. Site investigative work necessaryfor land use application submittals such as surveys, g pP soil logs, percolation tests and other related activities. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a one-to-one (1:1) ratio. Within shoreline jurisdiction, this includes the marking of property lines or corners on state- owned lands, when such marking does not significantly interfere with the normal public use of the surface water. Limitations on site exploration and investigative activities are defined in WAC 173-27-040(2)(m) for properties within shoreline jurisdiction. 5. The harvesting of wild foods in a manner that is not injurious to natural reproduction of such foods and provided the harvesting does not require tilling of soil, planting of crops or alteration of the critical area. 6. Existing and ongoing agricultural activities including farming, horticulture, aquaculture and/or maintenance of existing irrigation systems. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation; provided, that the agricultural activity must have been conducted within the last five (5) years. Activities that bring a critical area into agricultural use are not part of an ongoing operation. Maintenance of existing legally installed irrigation, ditch and pipe systems is allowed; new or expanded irrigation, ditch, outfall or other systems are not exempt. If it is necessary to reduce the impacts of agricultural practices to critical areas, a farm management plan may be required based on the King County Conservation District's Farm Conservation and Practice Standards, or other best management practices. Within shoreline jurisdiction practices normal or necessary for farming are defined in WAC 173-27-040(2)(e). 7. Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been approved by the City and certified dangerous by a licensed landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required. 8. Limited to cutting of dangerous trees; such hazardous trees shall be retained as large woody debris in critical areas and/or associated buffers, where feasible. 9. New surface water discharges in the form of dispersion trenches, outfalls and bioswales are allowed within the outer twenty five percent (25%) of the buffer of a Category III or IV wetland only provided that:the discharge meets the requirements of the Drainage (Surface Water)Standards (RMC 4-6-030); no other location is feasible; and will not degrade the functions or values of the wetland or stream. Where differences exist between these regulations and RMC 4-6-030, these regulations will take precedence. 10. Modifications to existing regional stormwater management facilities operated and maintained under the direction of the City Surface Water Utility that are designed consistent with the current version of the Washington State Department of Ecology Stormwater Management Manual or meeting equivalent objectives. 11. Implementation of public flood hazard areas reduction and public surface water projects, where habitat enhancement and restoration at a one-to-one (1:1) ratio are provided, and appropriate Federal and/or State authorization has been received. 12. Installation of new storm drainage lines in any geologic hazard area when a geotechnical report clearly demonstrates that,the installation would comply with the criteria listed in RMC 4-3-050.J.1 and that the installation would be consistent with each of the purposes of the critical area regulations listed in RMC 4-3-050.A. Also, to qualify for the exemption, the report must propose appropriate mitigation for any potential impacts identified in the report. 13. Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment and appurtenances (not including substations), with an associated voltage of fifty_five thousand (55,000)volts or less, only when required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored. 14. Normal and routine maintenance, operation and repair of existing parks, trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to construct new trails to meet established safety standards. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 15. Within existingand improvedpublic road rights-of-way or p g y easements, installation, construction, replacement, operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable, restoration of disturbed areas shall be completed. Within shoreline jurisdiction the 'exemption also applies to any project with a certification from the governor pursuant to chapter 80.50 RCW. 16. Overbuilding(enlargement beyond existing project needs) or replacement of existing utility systems and replacement and/or rehabilitation of existing streets, provided: a. The work does not increase the footprint of the structure, line or street by more than ten percent (10%) within the critical area and/or buffer areas, and occurs in the existing right-of-way boundary or easement boundary. b. Restoration shall be conducted where feasible. Compensation for impacts to buffers shall include enhancement of the remaining buffer area along the impacted area where there is enhancement opportunity. c. The Administrator determines that, based on best judgment, a person would not: (i) be able to meaningfully measure, detect, or evaluate insignificant effects; or (ii) expect discountable effects to occur. d. This exemption allows for ten percent (10%) maximum expansion total, life of the project. After the ten percent (10%) expansion cap is reached, future improvements are subject to all applicable provisions of this Section. 17. Exemption is not allowed in Category I wetlands. 18. Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of- ' way and easements, and parks. 19. Temporary disturbances of a wetland due to construction activities that do not include permanent filling may be permitted; provided, that there are no permanent adverse impacts to the critical area or required buffer, and areas temporarily disturbed are restored at a one-to-one (1:1) ratio. Category I wetlands and Category II forested wetlands shall be enhanced at a two-to-one (2:1) ratio in addition to being restored. For Habitat Conservation Areas, this exemption applies only to Category I wetlands. 20. Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence or vested on the date this Section becomes effective and that do not meet the setback or buffer requirements of this Section provided the work complies with the criteria in RMC 4-10-090. 21. Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. Normal maintenance and repair for structures within shoreline jurisdiction is defined by WAC 173-27-040(2)(b). 22. Additions and alterations of an existing single family residence and/or garage (attached or detached); provided,that the addition/alteration does not increase the footprint of the structure lying within the critical area or buffer; and provided, that no portion of the addition/alteration occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can meet required buffers. Existing or rebuilt accessory structures associated with single family dwelling and rebuilt with the same footprint such as fences, gazebos, storage sheds, and play houses are exempt from this Section. New accessory structures may be allowed when associated with single-family dwellings such as fences, gazebos, storage sheds, play houses and when built on and located in a previously legally altered area. 23. Existing activities which have not been changed, expanded or altered, provided they comply with the applicable requirements of chapter 4-10 RMC. ' 24. Emergency activities are those which are undertaken to correct, emergencies that threaten the public health, safety and welfare. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this Section,to avoid an immediate threat to public health or safety,to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation. Within shoreline jurisdiction, emergency activities are defined by WAC 173-27- 040(2)(d). 25. Emergency tree and/or ground cover removal by any City department or agency and/or public or private utility involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 26. Emergency activities in Wellhead Protection Areas: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations. 27. Temporary emergency exemptions shall be used only in extreme cases and not to justify poor planning by an agency or applicant. Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notwithstanding the provisions of this Section or any other City laws to the contrary, the Administrator may issue a temporary emergency exemption letter if the action meets the requirements: a. An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; b. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Section and other applicable laws; c. Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation,the standards and criteria required for nonemergency activities under this Section. d. The emergency exemption shall be consistent with the following procedural and time requirements: i. The emergency shall be limited in duration to the time required to complete the authorized emergency activity; provided,that no emergency permit be granted for a period exceeding ninety (90) days except as specified in RMC 4-3-050C. ii. Any critical area altered as a result of the emergency activity must be restored within the ninety (90) day period, except that if more than ninety (90) days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity. iii. Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant comments are received, the City may reconsider the permit. iv. Expiration of Exemption Authorization: The emergency exemption authorization may be terminated at any time without process upon a determination by the Administrator that the action was not or is no longer necessary to protect human health or the environment. 28. Cleanups, monitoring and/or studies undertaken under supervision of the Washington Department of Ecology or the U.S. Environmental Protection Agency. 29. Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department. 30. Normal protective bulkhead is defined in WAC 173 27 040(2)(c). 31 The construction of dockr d f' d d I' i+ d 6, WAC 7-3 2.7 01O(2)(h) i aoo�cv�'ri-aciiiica 'airs-i�iiiicca u-y-vvr ac xr a =r vw7=TC"T 32. The operation, maintenance, or construction of facilities as part of an irrigation system arc defined in WAC 173 27 010(2)(i). 333, I imitations +he rem. ,,al and control of tic n ,eed d f' d WAC 173 27 040(2)(n). ATTACHMENT F AMENDMENTS TO RMC 4-3-090E.1 1. Shoreline Use Table: Uses specified in the table below are subject to the use and development standards elsewhere in this Section and the policies of the Shoreline Master Program. With the exception of High Intensity and High Intensity Isolated overlay districts, Muses not specified in this table may be allowed through a Shoreline Conditional Use permit if allowed in the underlying zoning. All development within shoreline jurisdiction, even if a permitted use in the table below, is subject to a Shoreline Substantial Development permit or Shoreline Exemption as required in RMC 4-9-190.B.3. Table 4-3-090E1 Shoreline Use Table: KEY: X= Prohibited, P = Permitted, AD =Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Urban Single Family Natural Conservancy Residential Aquatic High Intensity High Intensity Isolated RESOURCE Aquaculture P1 P1 X P P X Mining X X X X X X Preservation and Pi P P P8 Except for the land uses specified in this Except for the land Enhancement of Natural table, land uses allowed in the uses specifically Features or Ecological underlying zoning in RMC 4-2-060 are prohibited in this Processes allowed in this overlay district, subject table, land uses Low Intensity Scientific, P1 P p P8 to the preference for water-oriented allowed in the Cultural, Historic, or uses. Land uses in the underlying zoning underlying zoning in Educational Use that require an administrative (AD) or RMC 4-2-060 are Table 4-3-090E1 Shoreline Use Table: KEY: X= Prohibited, P = Permitted, AD =Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Urban Single Family Natural Conservancy Residential Aquatic High Intensity High Intensity Isolated Fish and Wildlife Resource P1 P P P8 Hearing Examiner (H) conditional use allowed in this overlay Enhancement permit in the underlying zoning require district. the corresponding Shoreline Conditional Use Permit. RESIDENTIAL Detached Dwellings X P4 P5 X Except for the land uses specified in this Except for the land Attached Dwellings X X X X table, land uses allowed in the uses specifically underlying zoning in RMC 4-2-060 are prohibited in this Accessory Dwelling Units X AD AD X allowed in this overlay district, subject table, land uses Group Homes I X X X X to the preference for water-oriented allowed in the uses. Land uses in the underlying zoning underlying zoning in Group Homes II (for six or X X P X that require an administrative (AD) or RMC 4-2-060 are fewer residents) Hearing Examiner (H) conditional use allowed in this overlay Group Homes II (for seven X X H X permit in the underlying zoning require district. or more residents) the corresponding Shoreline Conditional Use Permit. Adult Family Home X X As allowed X in underlying zoning. CIVIC USES K-12 Educational X X P X Except for the land uses specified in this Except for the land Institution (public or table, land uses allowed in the uses specifically private) underlying zoning in RMC 4-2-060 are prohibited in this Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD =Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Urban Single Family Natural Conservancy Residential Aquatic High Intensity High Intensity Isolated Roads (not providing direct X X H X allowed in this overlay district, subject - table, land uses access to permitted or to the preference for water-oriented allowed in the conditional uses) uses. Land uses in the underlying zoning underlying zoning in that require an administrative (AD) or RMC 4-2-060 are Hearing Examiner (H) conditional use allowed in this overlay permit in the underlying zoning require district. the corresponding Shoreline Conditional Use Permit. COMMERCIAL USES Home Occupations X P AD X Except for the land uses specified in this Except for the land Adult Day Care I X X AD X table, land uses allowed in the uses specifically underlying zoning in RMC 4-2-060 are prohibited in this Adult Day Care II X X H X allowed in this overlay district, subject table, land uses to the preference for water-oriented allowed in the uses. Land uses in the underlying zoning underlying zoning in that require an administrative (AD) or RMC 4-2-060 are Hearing Examiner (H) conditional use allowed in this overlay permit in the underlying zoning require district. the corresponding Shoreline Conditional Use Permit. RECREATION Parks, Neighborhood H1 H6 P P8 Except for the land uses specified in this Except for the land Parks, H1 H6 AD6 ps table, land uses allowed in the uses specifically Regional/Community underlying zoning in RMC 4-2-060 are prohibited in this Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Urban Single Family Natural Conservancy Residential Aquatic High Intensity High Intensity Isolated Passive Recreation H1 P P P8 allowed in this overlay district, subject table, land uses Public Hiking and Bicycle H1 pi. P X to the preference for water-oriented allowed in the Trails, Over Land uses. Land uses in the underlying zoning underlying zoning in that require an administrative (AD) or RMC 4-2-060 are Active Recreation X P2 P P8 Hearing Examiner (H) conditional use allowed in this overlay Boat Launches X P X ps permit in the underlying zoning require district. the corresponding Shoreline Conditional Mooring Piles X P P P8 Use Permit. Boat Moorage X P P P8 Boat Lifts X X 132 P8 Boat Houses X X X X Golf Courses X H2 H X Marinas X X AD6 P8 Expansion of Existing Over- H10 AD" AD' AD'0 AD" X Water Trails INDUSTRIAL Industrial Use X X X H8 Except for the land uses specified in this Except for the land table, land uses allowed in the uses specifically underlying zoning in RMC 4-2-060 are prohibited in this allowed in this overlay district, subject table, land uses to the preference for water-oriented allowed in the uses. Land uses in the underlying zoning underlying zoning in that require an administrative (AD) or RMC 4-2-060 are Table 4-3-090E1 Shoreline Use Table: KEY: X = Prohibited, P = Permitted, AD = Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Urban Single Family Natural Conservancy Residential Aquatic High Intensity High Intensity Isolated Hearing Examiner (H) conditional use allowed in this overlay permit in the underlying zoning require district. the corresponding Shoreline Conditional Use Permit. UTILITIES Structures for Floodway H1 P P P8 Except for the land uses specified in this Except for the land Management, Including table, land uses allowed in the uses specifically Drainage or Storage and underlying zoning in RMC 4-2-060 are prohibited in this Pumping Facilities allowed in this overlay district, subject table, land uses Local Service Utilities X P3 p3 P8 to the preference for water-oriented allowed in the uses. Land uses in the underlying zoning underlying zoning in that require an administrative (AD) or RMC 4-2-060 are ' Hearing Examiner (H) conditional use allowed in this overlay permit in the underlying zoning require district. the corresponding Shoreline Conditional Use Permit. Major Service Utilities X H6 H6 H6 P3 P8 ACCESSORY USES Parking Areas X P3 P3 X Except for the land uses specified in this Except for the land Roads X P3 P3 X table, land uses allowed in the uses specifically underlying zoning in RMC 4-2-060 are prohibited in this Bed and Breakfast House X X AD X allowed in this overlay district, subject table, land uses Sea Plane Moorage X X p p8 to the preference for water-oriented allowed in the uses. Land uses in the underlying zoning underlying zoning in Helipads X X P P8 Table 4-3-090E1 Shoreline Use Table: KEY: X= Prohibited, P = Permitted,AD =Administrative Conditional Use Permit, H = Hearing Examiner Conditional Use Permit Urban Single Family Natural Conservancy Residential Aquatic High Intensity High Intensity Isolated that require an administrative (AD) or RMC 4-2-060 are Hearing Examiner (H) conditional use allowed in this overlay permit in the underlying zoning require district. the corresponding Shoreline Conditional Use Permit. Table Notes: 1. Provided that the use does not degrade the ecological functions or natural character of the shoreline area. 2. Use is allowed, but structures shall not be placed within the shoreline jurisdiction. 3. Allowed only to serve approved or conditional uses, but should be located outside of shoreline jurisdiction if feasible. 4. Limited to existing lots, or clustered subdivisions that retain sensitive areas. 5. Includes uses customarily incidental to and subordinate to the primary use, and located on the same lot. 6. Existing use is permitted, but new use is subject to a Shoreline Conditional Use Permit. 7. Allowed as accessory to a residential dock; provided, that all lifts are placed as far waterward as feasible and safe; and platform lifts are fully grated. 8. Only allowed if the use is water-dependent. 9. Reserved. 10. No new over-water trails shall be allowed unless it is part of the expansion of an existing over-water trail or over-water trail system. Such expansions shall be considered a conditional use if allowed in the Public Access Requirements by Reach Table at subsection D4f of this Section and if impacts are limited.