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HomeMy WebLinkAboutCI-143 h:\ced\planning\title iv\docket\administrative policy code interpretation\ci-143\code interpretation.docx Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/CODE INTERPRETATION ADMINISTRATIVE POLICY/CODE INTERPRETATION #: CI-143 MUNICIPAL CODE SECTIONS: RMC 8-7-4 Designation of Zoned Areas REFERENCE: N/A SUBJECT: Noise Level Regulations: Designation of Zoned Areas BACKGROUND: Per WAC 173-60-030, in areas covered by a local zoning ordinance, the legislative authority of the local government may, by ordinance or resolution designate Environmental Designations for Noise Abatement (EDNAs) to conform with the zoning ordinance. This prior designation replaces the standards outlined in subsection (1), of WAC 173-60-030 with locally adopted designations. RMC 8-7-4 Designation of Zoned Areas outlines locally designated EDNAs for the City of Renton, but at the time of adoption did not account for future mixed use development, which permits multi-family housing in certain commercial zones within the city. To accommodate mixed use development EDNAs should be revised to consider use, rather than zoning. DECISION: Amend RMC 8-7-4 Designation of Zoned Areas to remove prior specific zoning designations of EDNAs. JUSTIFICATION: At the time of adoption of RMC 8-7-4 Designation of Zoned Areas, the zoning code did not permit multi-family development within the City’s commercial zoned areas. By designating local EDNAs by zone, the City unintentionally created circumstances where multi-family developments in commercial zones are not afforded the same noise regulations as multi-family development in residential zones. This standard is inconsistent with subsection (1) of WAC 173-60-030, which regulates EDNAs taking into consideration the present, future, and historical usage, as well as the usage of adjacent and other lands in the vicinity to determine appropriate noise levels. To ensure consistency with the State of Washington and to remedy the discrepancies created by mixed use structures in commercial zones, the City of Renton proposes to strike the designation of zoned areas for EDNAs in RMC 8-7-4 and adopt State CI-143 Page 2 of 2 standards by default, which would result the same noise regulations to residential uses, and care facilities regardless of zone. Noise impacts are reviewed within a 300 foot radius of the noise generating source. ADMINISTRATOR APPROVAL: _______________________________________ C. E. “Chip” Vincent EFFECTIVE DATE: September 19, 2018 APPEAL PROCESS: To appeal this determination, a written appeal--accompanied by the required filing fee--must be filed with the City's Hearing Examiner (1055 South Grady Way, Renton, WA 98057, 425-430-6515) no more than 14 days from the date of this decision. Your submittal should explain the basis for the appeal. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most recently codified text. In such instances, code amendments implemented through this Administrative Code Interpretation shall be construed to affect the current code and past/future Administrative Code Interpretations not yet codified in the same manner as shown below. Should any conflicts result the Administrator shall determine the effective code. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: The EDNA (environmental designation for noise abatement) is hereby established as follows: A. Residential zones, which shall include RC, R-1, R-4, R-6, R-8, R-10, R-14, RMF, RMH, are classified as Class A EDNA. B. Commercial zones, which shall include CN, CD, CV, CA, CO, COR, UC, are classified as Class B EDNA. C. Industrial zones, which shall include IL, IM, IH, are classified as Class C EDNA. (Ord. 3478, 11-3-80; Ord. 5450, 3-2-09; Ord. 5759, 6-22-2015) The City Council of the City hereby adopts by reference Washington Administrative Code Section 173-60-030. STAFF CONTACT: Jeffrey Taylor, Assistant Planner x7246