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HomeMy WebLinkAboutORD 5907CITY OF RENTON, WASHINGTON ORDINANCE NO. 5907 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-045.F.2, 4-6-010.C, 4-6-060.D, 4-6-060.J.3, 4-6-080.K, 4-7- 020.A, 4-7-020.D, 4-7-050.13, 4-7-050.C.6, 4-7-OSO.D.7, 4-7-060.E.3, 4-7-060.F, 4- 7-060.G, 4-7-060.H, 4-7-070.A, 4-7-070.H.1, 4-7-070.J, 4-7-0701, 4-7-070.M, 4-7- 070.0, 4-7-080.E, 4-7-080.J, 4-7-0801, 4-7-110.C, 4-7-130.A, 4-7-200.E, AND 4-9- 060.C, SECTIONS 4-7-140 AND 4-7-190, AND THE DEFINITIONS OF "LOT LINE ADJUSTMENT MAP" IN SUBSECTION 4-8-120.D.12, AND "SHORT PLAT OR BINDING SITE PLAN MAP, FINAL" IN SUBSECTION 4-8-120.D.19, OF THE RENTON MUNICIPAL CODE, STREAMLINING, CLARIFYING, AND UPDATING SHORT PLAT AND FORMAL PLAT PROCESSES, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. 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 June 25, 2018, 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 June 20, 2018, 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: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-1-045.F.2 of the Renton Municipal Code is amended as follows: 1 ORDINANCE NO. 5907 F. DURATION OF APPROVALS: 1. Building Permits: Development of a building shall be based on the controls contained in the approved permit application. Vesting rights applicable to building permit applications would expire pursuant to permit expiration periods identified in the International Building Code (IBC) and adopted by reference herein in RMC 4-5-050, as it exists or may be amended. 2. Preliminary Plat: Development of an approved preliminary plat shall be based on the controls contained in the Hearing Examiner's decision. A final plat meeting all of the requirements of the preliminary plat approval shall be submitted within five (5) years of the effective date of the Hearing Examiner's decision, unless a different time limitation was specifically authorized in the final approval. 3. Final Plat: The lots in a final plat may be developed by the terms of approval of the final plat, and the development regulations in effect at the time the preliminary plat application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 4. Conditional Use Permit: The use authorized in a conditional use permit shall be allowed to develop for a period of two (2) years from the effective date of the permit approval unless a different time limitation was specifically 2 ORDINANCE NO. 5907 authorized in the final approval. The development of an approved conditional use permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 5. Permits Associated with a Preliminary Plat: Permit applications, such as Planned Urban Developments (PUD) applications that are approved as a companion to a preliminary plat application shall remain valid for the duration of the preliminary and final plat as provided in subsections F2 and 3 of this Section, as they exist or may be amended. 6. Short Plat: The lots in a short plat may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 7. Shoreline Development Permits: An approved Shoreline Permit shall be allowed to develop pursuant to the time limitations listed in RMC 4-9-190J (Time Requirements For Shoreline Permits), as it exists or may be amended. The development of an approved shoreline permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 8. All approvals described in this Section shall be vested for the specific use, density, and physical development identified in the permit approval. t1 ORDINANCE NO. 5907 SECTION III. Subsection 4-6-010.0 of the Renton Municipal Code is amended as follows: C. OVERSIZING OF UTILITIES AND REIMBURSEMENT BY CITY: If it has been determined that it would be to the best interests of the City and the general locality to be benefited thereby to install a larger size main than one then needed or considered by the applicant subdivideF, owners or developers immediately abutting upon the street, alley or easement in which such a main is to be placed, then the City may, at its discretion, require the installation of such a larger sized main in which case the City shall pay the increased difference in cost between the installation cost of the similar main and of the larger main. Any party required to oversize utilities may request that utility participate in the cost of the project. SECTION IV. Subsections 4-6-060.D and 4-6-060.J.3 of the Renton Municipal Code are amended as shown below. All other provisions of 4-6-060 remain in effect and unchanged. 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 thousand dollars ($150,000.00) (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. 4 ORDINANCE NO. 5907 3. If demonstrated as necessary to mitigate an extreme hardship not caused by the requestor. J. SHARED DRIVEWAY STANDARDS: 1. Where Permitted: Shared driveways may be allowed for access to four (4) or fewer residential lots, provided: a. At least one of the four (4) lots abuts a public right-of-way and the street frontage of the lot is equal to or greater than the lot width requirement of the zone; lots; b. The subject lots are not created by a subdivision of ten (10) or more c. A public street is not anticipated by the City of Renton to be necessary for existing or future traffic and/or pedestrian circulation through the short subdivision or to serve adjacent property; d. The shared driveway would not adversely affect future circulation to neighboring properties; e. The shared driveway is no more than three hundred feet (300') in length; and f. The shared driveway poses no safety risk and provides sufficient access for emergency vehicles and personnel. 2. Minimum Standards: Shared driveways shall be within a tract; the width of the tract and paved surface shall be a minimum of sixteen feet (16'); the Fire Department may require the tract and paved surface to be up to twenty feet (20') 5 ORDINANCE NO. 5907 wide. If a shared driveway abuts properties that are not part of the subdivision, an eight foot (8') wide landscaped strip shall be provided between the shared driveway and neighboring properties. The landscape strip shall be within a tract and planted with a mixture of trees, shrubs, and groundcover, as required in RMC 4-4-070. The shared driveway may be required to include a turnaround per subsection H of this Section. No sidewalks are required for shared driveways; however, drainage improvements pursuant to City Code are required (i.e., collection and treatment of stormwater), as well as an approved pavement thickness. The maximum grade for the shared driveway shall not exceed fifteen percent (15%), except for within approved hillside subdivisions. 3. Signage Required: Appurtenant traffic control devices including installation of "No Parking" signs, as required by the Department of Community and Economic Development, shall be provided by the applicant suladMdeF. Lots served by the shared driveway shall be addressed to the public street to which the shared driveway connects. 4. Tract Required: The shared driveway shall be wholly within a tract. The tract shall be shown and recorded on the face of the plat to be preserved in perpetuity. The owners of the subject lots shall have an equal and undivided interest in the ownership of the tract. 5. Easement Required: An access easement shall be recorded with the King County Recorder's Office and be shown on the face of the plat to encumber the entirety of the tract. The easement shall prohibit any temporary or permanent A ORDINANCE NO. 5907 physical obstructions within the easement including, but not limited to, the parking of non -emergency vehicles. 6. Timing of Improvements: The shared driveway must be installed prior to recording of the plat unless approved for deferral. 7. Lot Type and Orientation: The Administrator may permit lots that only front a shared driveway to be designated as a corner lot. If permitted by the Administrator, lot width, lot depth and yard setbacks shall be measured consistent with the corner lot designation (see illustration below). 8. Maintenance: The applicant shall ensure the shared driveway can be continually maintained to minimum standards listed in this section by the owners of the lots served by the driveway to the satisfaction of the City of Renton, prior to the recording of the short plat. 9. Covenants, Conditions and Restrictions: Covenants, conditions and restrictions, which are approved by the Administrator, shall be recorded with the King County Recorder's Office. The applicant shall provide a copy of the recorded document. These covenants shall provide for, at a minimum, the following: a. Maintenance, repair, operation, and payment of taxes for the commonly owned tract and facilities; and b. These covenants shall run with the land and be irrevocable and binding on all the property owners, including their assigns, heirs, and successors. 10. Exception for Joint -Use Driveway Extending from Emergency Turnaround: A driveway that extends from the terminus of an emergency 7 ORDINANCE NO. 5907 turnaround (excluding cul-de-sacs) and provides access to no more than two (2) lots shall be permitted as joint -use driveway that does not take access from a public right-of-way (see illustration below). The joint -use driveway shall be constructed to City standards prior to recording the short plat, and a reciprocal access easement for the benefit of the two (2) lots, in a form satisfactory to the City Attorney, shall be recorded with the King County Recorder. CL = Corner L IL = Intenoi _L joint -use dmeaay or depth scape strip Tact) I driveway It) SECTION V. Subsection 4-6-080.K of the Renton Municipal Code is amended as follows: K. INSTALLATION OF SERVICE PRIOR TO COMPLETION OF STREET CONSTRUCTION: Whenever it is deemed prudent, in case of a new development or subdivision, to install the three -fourths inch (3/4") service from the main to the property line, hereinafter referred to as "stub service" prior to completion of street construction, the City will provide such service for sixty percent (60%) of the then current installation cost for such service. At such time that meter installation is ORDINANCE NO. 5907 requested, the remaining balance of the then current rate shall be collected and paid for by such developer or applicant ref. SECTION VI. Subsections 4-7-020.A and 4-7-020.D of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-020 remain in effect and unchanged. 4-7-020 ADMINISTERING AUTHORITY: A. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ("the Department" Q-D): E€$The Department of Community and Economic Development is responsible for the administration and coordination of this Chapter including but not limited to reviewing all engineering and technical requirements of this Chapter, unless another department is authorized to administer and enforce a specific section or sections. B. ADMINISTRATOR: The Community and Economic Development Administrator shall review and make recommendations to the Hearing Examiner for preliminary plats, but shall have the authority to approve short plats and final plats. C. HEARING EXAMINER: The Hearing Examiner is authorized to hold a public hearing on all preliminary plats and approve, conditionally approve, or deny all preliminary plats. D., PUBLIC WORKS ADMINISTRATOR: 0j ORDINANCE NO. 5907 The Administrator of the Department of Public Works is authorized to sign final plats approved by the Administrator of the Department of Community and Economic Development. SECTION VII. Subsections 4-7-050.13, 4-7-050.C.6, and 4-7-050.D.7 of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-050 remain in effect and unchanged. 4-7-050 GENERAL OUTLINE OF SUBDIVISION, SHORT PLAT AND LOT LINE ADJUSTMENT PROCEDURES: A. PRE -APPLICATION MEETING: Any person who desires to subdivide land in the City should request a preapplication meeting with the Department at an early date in order to become familiar with the requirements of this Chapter. B. APPLICATION FOR LOT LINE ADJUSTMENT — GENERAL OVERVIEW OF PROCEDURES: The general administrative procedures for processing applications for a lot line adjustment are as follows: 1. Application: The completed application is filed with the Department. 2. Review: The application is reviewed by the Department staff.; 3. Decision: The adjustment is either approved, modified, or denied by the Administrator.; 10 ORDINANCE NO. 5907 4. Recording: The approved lot line adjustment is recorded by the City Clerk with the King County DepaFt..,. ent „f ReGGFds and Fleetie r Recorder's Office. C. APPLICATION FOR SHORT SUBDIVISION — GENERAL OVERVIEW OF PROCEDURES: The general procedures for processing applications for a short subdivision are as follows: 1. Application: The completed application is filed with the Department. 2. Public Notice: Public comment is requested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general local circulation, and (c) written notice is mailed to all property owners within three hundred feet (300') of the subject property. A fourteen (14) day comment period is provided prior to a determination on the application. 3. Review: The application is reviewed by the Department and other interested City departments and outside agencies. 4. Short Plats: The Administrator may approve, modify, or deny the short subdivision; or transfer the matter to the Hearing Examiner for a public hearing and decision. S. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Administrator. 6. Recording: The final short plat is submitted to the Department for final review, approval and recording with the King County Recorder's Office. 11 ORDINANCE NO. 5907 D. APPLICATION FOR SUBDIVISION — GENERAL OVERVIEW OF PROCEDURES: The general procedures for processing an application for a subdivision are as follows: I. Application: The completed application is filed with the Department. 2. Public Notice: Public comment is requested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general local circulation, and (c) written notice is mailed to all property owners within three hundred feet (300') of the subject property. A fourteen (14) day comment period is provided prior to a public hearing on the application. 3. Initial Review: The application is reviewed by the Department and other interested City departments and outside agencies. 4. Recommendation: The Administrator will send a recommendation to the Hearing Examiner along with the environmental determination. 5. Hearing: The Hearing Examiner shall hold a public hearing and issue a final determination regarding the preliminary plat. 6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Administrator. 7. Final Review: The applicant submits the final plat to the Department of Community and Ecenemie Develepm for its review. The Department shall approve, deny, or return to the applicant for modification or correction a 12 ORDINANCE NO. 5907 proposed final plat. If approved, the final plat will be forwarded to the Administrator of the Public Works Department for signing. 8. Recording: The approved final plat is recorded with the King County Recorder's Office. SECTION Vill. Subsections 4-7-060.E.3, 4-7-060.F, 4-7-060.G, and 4-7-060.1-1 of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-060 remain in effect and unchanged. E. ADMINISTRATIVE REVIEW: 1. Review Time: The Administrator will review and take action on the proposed lot line adjustment within thirty (30) working days of receiving a completed application. 2. Action: The Administrator may approve, request corrections by the applicant, approve with modifications, or deny the application for a lot line adjustment. 3. Approval: If approved, the lot line adjustment wv l4� map shall be signed and dated by the Administrator. The applicant shall be notified in writing of the decision. The signed map la-F shall be filed with the King County Recorder's Office. 4. Approval with Modification(s): If modification(s) are deemed necessary by the Administrator, they may be added to the original lot line adjustment map or a revised map may be required. The applicant will be notified on any such modification action. If a modification of the original lot line 13 ORDINANCE NO. 5907 adjustment map, legal description or other information is necessary, the projected approval date may be extended. 5. Denial: If denied, the lot line adjustment shall be marked "Denied" and the applicant shall be notified in writing of the decision, stating the reasons therefor. F. FINAL RECORDING: The lot line adjustment does not become effective until it is recorded with the King County Recorder's Office. After two (2) copies of the signed FnyIaFinap are made for City records, the eFinap shall be sent to the City Clerk's office for recording. It is the responsibility of the City Clerk to record the approved map and new legal descriptions. A eep, of the -ded decuments shall be PF9Vffided te the All maps need to be on paper and mailed. G. TRANSFER OF TITLE: The recording of a lot line adjustment does not constitute a transfer of title. Separate deeds to this effect must be recorded with the King County Recorder's Office Department of ResGFdS €lestfensand are not subject to these provisions. H. EXPIRATION PERIOD: If the lot line adjustment is not recorded 41.e within two (2) years of the date of approval, the lot line adjustment shall be null and void. Upon written request of the applicant, the Planning/Building/Public Works Department may grant one 14 ORDINANCE NO. 5907 extension of not more than one year. Such request must be received by the Department prior to the two (2) year expiration date. SECTION IX. Subsections 4-7-070.A, 4-7-070.H.1, 4-7-070.J, 4-7-0701, 4-7-070.M, and 4-7-070.0 of the Renton Municipal Code are amended as shown below. All other provisions of 4- 7-070 remain in effect and unchanged. 4-7-070 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS: A. PURPOSE The procedures regulating short subdivisions, including segregations of nine (9) or fewer lots, are established to promote orderly and efficient division of lots on a small scale, avoiding placing undue burdens on the applicant subduer -and to comply with provisions of chapter 58.17 RCW. B. PRINCIPLES OF ACCEPTABILITY: A short plat shall be consistent with the following principles of acceptability: 1. Legal Building Sites: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed short plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final short plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 15 ORDINANCE NO. 5907 C. SCOPE: 1. Short Plat Process Applicable to Division into Nine (9) or Less Lots: Any land being divided into nine (9) or less parcels, lots, tracts, sites, or subdivisions, including segregations, and that has not been divided in a short subdivision within the preceding five (5) years, shall conform to the procedures and requirements of this Section. For the purpose of distinguishing a short plat application from a preliminary plat application, tracts proposed to be created for the purpose of ensuring the continued protection of features or facilities located therein, with equal and undivided ownership among the lot owners, their successors and heirs, shall not contribute to the total number of subdivided units of land. 2. Preliminary Plat Required for Certain Divisions: No application for a short subdivision shall be approved if the land being divided is held in common ownership with a contiguous parcel that has been subdivided in a short subdivision within the preceding five (5) years. Such applications shall be processed as preliminary plat, rather than a short plat. D. PRE -APPLICATION MEETING: An applicant may submit materials for preliminary staff review prior to submittal of the short plat application. Staff shall review the materials and inform the applicant of any initial concerns and recommendations for revisions. This shall not preclude staff from making further recommendations. Required materials are as follows and shall provide the content, details and number of copies as officially declared by the Administrator: W. ORDINANCE NO. 5907 I. Project narrative; 2. Vicinity map; 3. Site plan; and 4. Other materials that may be applicable to the subject property, as officially declared by the Administrator. E. SUBMITTAL REQUIREMENTS FOR SHORT SUBDIVISION: Submittal requirements for a short subdivision application shall be as stipulated in RMC 4-8-120. F. REFERRAL TO OTHER DEPARTMENTS AND AGENCIES: Upon receipt of an application for a short plat, the Department shall transmit one copy to any department or agency as warranted. G. PUBLIC NOTICE: Public notice shall be provided in accordance with RMC 4-8-090, Public Notice Requirements. H. ADMINISTRATIVE REVIEW: 1. Review Time: The Administrator will review and take action on the proposed short plat within the ='time limits" as defined in chapter 58.17 RCW. A fourteen (14) day public comment period shall be provided prior to any final action by the Administrator on the proposed short plat. 2. Action: The Administrator may approve, approve with modifications, or deny the application for a short plat. Action for short plats otherwise referred to the Hearing Examiner shall be by the Hearing Examiner. Every decision or 01VA ORDINANCE NO. 5907 recommendation made under this Section shall include findings of fact and conclusions to support the decision or recommendation. 3. Approval: If the Administrator finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and all other relevant facts and that the public use and interest will be served by the proposed short plat, then it shall be approved. The applicant shall be notified in writing of the decision. 4. Approval with Modification(s): If modification(s) are deemed necessary by the Administrator, then they may be added to the preliminary short plat map or a revised map may be required. The applicant will be notified of any such modification action. If a modification of the preliminary short plat map, legal description or other information is necessary, the projected approval date may be extended. S. Referral to the Hearing Examiner: If the Administrator determines that there are sufficient concerns by residents in the area of the short plat, or by City staff, to warrant a public hearing, then he/she shall refer the short plat to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing shall be given as required for a full subdivision. W. ORDINANCE NO. 5907 6. Denial: If denied, the preliminary short plat map shall be marked "Denied" and the applicant shall be notified in writing of the decision, stating the reasons therefor. 7. Reconsideration: See RMC 4-8-100, Application and Decision — General. I. APPEAL: See RMC 4-8-110, Appeals. Rd St9FM seweFS,street lights, + d + + name + ther with asseGiated fees Reserved. K. FINAL SHORT PLAT MAP SUBMITTAL REQUIREMENTS: The final short plat map which is submitted for filing shall be as stipulated in RMC 4-8-120. L. FILING SHORT PLAT: 1. Right -of -Way Dedications Require Separate Approval: Any required or proposed right-of-way dedications must be submitted to the Department for 19 ORDINANCE NO. 5907 review and approval prior to filing of the short plat. All right-of-way dedications require approval by the Administrator or designee prior to filing of the short plat. 2. Administrator Signature and Recording Fees: A short plat must be signed by the Administrator before it is filed. The final signed tea* map shall remain with the Department until such time as the applicant requests that the short plat be recorded. The recording fees shall be paid by the applicant 3. Recording Process: The approved short plat will be sent to the City Clerk by the Department when the short plat is final and all prerequisites to filing have been completed. The short plat shall be filed by the City Clerk for record in the ^{ ;e King County Recorder's Office PepaFtment „f o,,,.eFds aAd- Eleetiem-- and shall not be deemed approved until so filed. M. EXPIRATION PERIOD: If the short plat is not recorded with the King County Recorder's Office fled within five 5 #we -(-years of the date of approval, the short plat shall be null and void. One single year extension may be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of the five (5) year period, provided the applicant demonstrates that he/she has attempted in good faith to record the short plat within the five (5) year period must be raaaiyed by the gepaFtmentPrier to the expiration of the shert pivr The 20 ORDINANCE NO. 5907 City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to RCW 58.17.140(4). N. LIMITATIONS ON FURTHER SUBDIVISION: Any land subdivided under the requirements of this Section shall not be further divided for a period of five (5) years without following the procedures for subdivision. Further short subdivision of lot(s) must be consistent with the then - current applicable maximum density requirement as measured within the plat as a whole. O. ADMINISTRATIVE GUIDELINES: There shall be on file with the Department Development, and made available with each application issued, a set of administrative guidelines for drawing short plat maps, completing the application package and recording the plat. SECTION X. Subsections 4-7-080.E, 4-7-080.J, and 4-7-0801 of the Renton Municipal Code are amended as shown below. All other provisions of 4-7-080 remain in effect and unchanged. E., NEIGHBORHOOD MEETING: A neighborhood meeting shall be held by the applicant in accordance with RMC 4-8-090A, Neighborhood Meetings. J. HEALTH AGENCY RECOMMENDATION: The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with the C€D Department, prior to the 21 ORDINANCE NO. 5907 Hearing Examiner's consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. (Applicant is responsible for submitting appropriate application forms to the Seattle -King County Health Department and for paying the Health Department review fee.) L. EXPIRATION PERIOD DATE: 1. Expiration and Extension: Preliminary plat approval shall lapse unless a final plat based on the preliminary plat, or any phase thereof, is recorded with the King County Recorder submitted within five (5) years from the date of preliminary plat approval. One ene-single year extension may &I a4 be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of this five (5) year period, provided the applicant demonstrates that he/she has attempted in good faith to record submit the final plat within the five (5) year period. 2. Additional Extensions: One aAdditional time extensions beyond this one-year time period may be granted by the Hearing Examiner if the applicant can show need caused by unusual circumstances or situations that occurred durin the prior extension period, which make it unduly burdensome to file the final plat within the five_.(5) fees (4) year time period. The applicant must file a written request with the Hearing Examiner and the CED DepaFtFneRt Administrator for this additional time extension; this request must be filed at least thirty (30) days prior 22 ORDINANCE NO. 5907 to the plat expiration date. The request must include documentation as to the need for the additional time period. 3. Extension Time Increments: Additional time extensions shall be granted in not greater than one-year increments. 4. Phased Subdivision: In the case of a phased subdivision, final plat approval by the Administrator of any phase of the preliminary plat will constitute an automatic one-year extension for the filing of the next phase of the subdivision. S. Authority to Add or Alter Conditions: The City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to 58.17.140(4) RCW. SECTION XI. Subsection 4-7-110.0 of the Renton Municipal Code is amended as follows: C. ADMINISTRATOR APPROVAL: Within thirty (30) days following the date the complete final plat application has been officially accepted by the C€DDepartment, the Administrator shall approve, deny or return the final plat to the applicant for modification or correction. SECTION XII. Subsection 4-7-130.A of the Renton Municipal Code is amended as follows: A. PURPOSE: It is the purpose of this Section to provide for the protection of valuable, irreplaceable environmental amenities and to make urban development as compatible as possible with the ecological balance of the area. Goals are to preserve drainage patterns, protect groundwater supply, prevent erosion and to 23 ORDINANCE NO. 5907 preserve trees and natural vegetation. This is beneficial to the City in lessening the costs of the development to the City as a whole, and to the applicant subdivide in creating an attractive and healthy environment. SECTION XIII. Section 4-7-140 of the Renton Municipal Code is amended as follows: 4-7-140 PARKS AND OPEN SPACE: Approval of all subdivisions located in either single family residential or multi- family residential zones as defined in the Zoning Code shall be contingent upon the applicant's 0deF's dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be peF the City „f Rept-A-n PaFks Miti atieR Res l„ as set forth in RMC 4-1-190. SECTION XIV. Section 4-7-190 of the Renton Municipal Code is amended as follows: 4-7-190 PUBLIC USE AND SERVICE AREA — GENERAL REQUIREMENTS AND MINIMUM STANDARDS: Due consideration shall be given by the applicant der to the allocation of adequately sized areas for public service usage. A. EASEMENTS FOR UTILITIES: Easements may be required for the maintenance and operation of utilities as specified by the Department. B.r UTILITIES IN TRACTS: 24 ORDINANCE NO. 5907 Utilities, such as stormwater vaults, ponds, or other structures, shall be located within dedicated tracts. C. COMMUNITY ASSETS: Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. SECTION XV. Subsection 4-7-200.E of the Renton Municipal Code is amended as follows: E. CABLE TV CONDUITS: Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by the applicant subdivideF as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant der shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant subd+videF and shall inspect the conduit and certify to the City that it is properly installed. 25 ORDINANCE NO. 5907 SECTION XVI. The definition of "Lot Line Adjustment Map" in subsection 4-8-120.D.12, of the Renton Municipal Code is amended as shown below. All other provisions of 4-8-120.D.12 remain in effect and unchanged. Lot Line Adjustment Map: A drawing of the proposed lot line adjustment prepared on an eighteen inch by twenty-four inch (18" x 24") sheet of paperPwar by a licensed land surveyor complying with the City's surveying standards, including the following: a. Name of the proposed lot line adjustment (e.g., Smith/Larsen Lot Line Adjustment), b. Space reserved for "City of Renton File Number' (large type) at top of first sheet, c. Space reserved for City of Renton "land record number" (small type) at bottom left of first sheet, d. Legal description of each existing and proposed lot. If a metes and bounds description is used, it must be stamped by a licensed surveyor, e. Date, graphic scale (one inch equals forty feet (1" = 40'), unless otherwise approved by the Department), and north arrow, f. Names, locations, widths, types, and dimensions of adjacent and on - site streets, alleys, and easements, each lot, g. Lot lines with all property lines dimensioned and square footage of h. Parcels identified as Lot 4, Lot 3, etc., 26 ORDINANCE NO. 5907 i. "Old" lot line(s) and "new" lot line(s) clearly labeled and differentiated by line type and/or thickness (indicated distance(s) moved), j. Addresses for each lot and new street names in accordance with the street grid system regulations of chapter 9-11 RMC, k. Total square footage of existing and revised lots, I. Ground floor square footage of all structures, m. Location, dimensions and square footage of any existing structures to remain, and dimensioned distances to property lines, n. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width, o. Reservations, restrictive covenants, easements, description of any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee and, if the grantee is the City, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown, p. Coordinates pursuant to City surveying standards for permanent control monuments, q. Location of all interior permanent control monuments pursuant to City surveying standards, 27 ORDINANCE NO. 5907 130-100, r. Statement of equipment and procedure used pursuant to WAC 332- s. Basis of bearing pursuant to WAC 332-130--1050(1)(b)(iii), t. Date the existing monuments were visited pursuant to WAC 332- 130-050(1)(f)(iv), u. Verification that permanent markers are set at corners of the proposed lots, v. Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated, w. Surveyor's testament, stamp and signature, x. Certification by a State of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set, y. Notarized signatures of all property owners having an interest in the property, certifying ownership and approval of the proposal, z. Signature and date line(s) for the King County Assessor, and aa. Signature and date line(s) for the Community and Economic Development Administrator. SECTION XVIL The definition of "Short Plat or Binding Site Plan Map, Final" in subsection 4-8-120.D.19, of the Renton Municipal Code is amended as shown below. All other provisions of 4-8-120.D.19 remain in effect and unchanged. Short Plat or Binding Site Plan Map, Final: A plan, with a two-inch (2") border on the left edge and one-half inch (1/2") on all other sides, prepared by a 9.1 ORDINANCE NO. 5907 State of Washington registered land surveyor in accordance with RCW 18.43.010, General Provision, as it exists or may be amended, and/or chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet (1" = 40') on eighteen inch by twenty-four inch (18" x 24") plan sheet(s) (or other scale approved by the Planning Division Director). The reproducible original shall be in black ink on paper stabilized dFafting film and shall include the following: a. Name and location of the short plat or binding site plan, b. Space reserved for "City of Renton file number" (large type) at top of first sheet, c. Space reserved for "City of Renton land record number" (small type) at bottom left of first sheet, d. Legal description of the property, e. Date, graphic scale, and north arrow, f. Vicinity map (a reduced version of the "neighborhood detail map" as defined above), g. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations, as well as all utilities, streets, existing and new easements and associated covenants within or abutting the short plat. If a new easement is created on the plat, it must show grantee of easement rights. If the grantee is the City, a statement of easement provisions reserving and conveying the easement, with a description of the rights and purposes, needs to be made on the short plat, 29 ORDINANCE NO. 5907 h. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with ownership. Lot lines with all property lines dimensioned and square footage of each lot, i. Lot numbers, j. Addresses for each lot and new street names determined by the Department in accordance with the street grid system regulations of chapter 9-11 RMC, k. Reservations, restrictive covenants, easements and any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee. If the grantee is the City, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown, I. Coordinates pursuant to City surveying standards for permanent control monuments, m. All interior permanent control monuments located pursuant to City surveying standards, 130-100, n. Statement of equipment and procedure used pursuant to WAC 332- o. Basis for bearing pursuant to WAC 332-130--1050(1)(b)(iii), p. Date the existing monuments were visited pursuant to WAC 332- 130-050(1)(f)(iv), 30 ORDINANCE NO. 5907 q. Verification that permanent markers are set at corners of the proposed lots, r. Statement of discrepancies, if any, between bearings and distances of record and those measured or calculated, s. Location, dimensions and square footage of any existing structures to remain within or abutting the plat, t. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. approval, u. Reference to all agreements or covenants required as a condition of v. For binding site plans only: provisions requiring site development to be in conformity with the approved binding site plan, w. Certifications by: i. A State of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set, ii. The King County Department of Health that the proposed septic system(s) is acceptable to serve the plat if not served by sewer, x. Signature and date line for: 31 ORDINANCE NO. 5907 stamp), i. All property owners (signatures must be notarized with an ink ii. The King County Assessor, iii. The Public Works Administrator. SECTION XVIII. Subsection 4-9-060.0 of the Renton Municipal Code is amended as follows: C. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR'S DEFERRAL OF SUBDIVISION PI AT IMPROVEMENTS OR DEFERRAL OF OTHER ON - AND OFF -SITE IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT: 1. Applicability: If a developer wishes to defer certain improvements listed in this Title until after obtaining a certificate of occupancy for any structures, or in the case of plats, final plat approval, the written application shall be made to the Administrator stating the reasons why such delay is necessary. 2. Decision Criteria: (Reserved) 3. Security Required: Upon approval by the Administrator for such deferment, for good cause shown by the applicant, the applicant shall thereupon furnish securityto the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of the installation and required improvements. The decision of the Administrator as to the amount of such security shall be conclusive. 4. Plans for Improvements Required: Should the Administrator grant the deferral of part or all of the necessary on -site improvements, then full and 32 ORDINANCE NO. 5907 complete engineering drawings of the on -site improvements shall be submitted as a condition precedent to the granting of any deferral. S. Waiver of Requirement for Plans: The Administrator may waive requirement of construction plans for short plat improvement deferrals. 6. Expiration: Such security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Administrator, and if no time is so specified, then not later than one year. For plats, if no time is established, then not later than one year after approval of the final plat or one year after recording of the short subdivision. The security shall be held by the Administrative Services Department. 7. Extension of Time Limit: The Administrator shall annually review the deferred improvements and the amount of the security. Should the Administrator determine that any improvement need not be installed immediately, then the Administrator may extend the deferral for an additional period of time up to an additional year. Any improvement deferred for five (5) years shall be required to be installed or shall be waived by the Administrator pursuant to RMC 4-9-250C, Waiver Procedures, unless the Administrator determines that it is more likely than not that the improvements would be installed within an additional five (5) year period of time, in which case the Administrator may continue to defer the improvements year to year subject to the other conditions contained in this Section. Should any improvement be initiated before the lapse of a deferral, and 33 ORDINANCE NO. 5907 the work is diligently pursued, then the Administrator may extend the deferral period for a term equivalent to the time necessary to complete construction, but subject, however, to continuation of the security. At the same time as the granting of any additional deferral, the security for such deferral shall be reviewed and increased or decreased as the Administrator shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of the installation of the deferred improvement. 8. Acceptable Security: Security acceptable under this Section may be cash, letter of credit, set aside letter; provided, that the funds cannot be withdrawn, spent, or committed to any third party, or savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the City accept a performance bond. Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. Any security that, according to its terms, lapses upon a date certain, will cause the deferral to lapse on that same date unless additional adequate substitute security has been posted prior to the termination date of the prior security. Each security document posted with the City must be approved by the City Attorney, whose decision as to the acceptability of the security shall be conclusive. 34 ORDINANCE NO. 5907 9. Fee in Lieu of Required Street Improvements: a. General: The provisions of this Section establish under what circumstances the requirements of this Chapter may be satisfied with payment of a fee in lieu of required street improvements. b. Authority To Grant and Duration: i. Application: If the proposed development of the subject property is an infill single family residential building permit or requires approval through a short plat approval described in the subdivision ordinance, a request for payment of a fee in lieu of street improvements may be considered under the provisions of this Section. ii. Duration: If granted under an infill single family residential building permit or short plat review process, the authorization to pay a fee in lieu of street improvements is binding on the City for all development permits issued for that approval under the building code within five (5) years of the granting of the request for payment of a fee in lieu of street improvements. c. Standards: The City will not accept the applicant's proposed payment of a fee in lieu of street improvements if the Administrator determines that it is in the City's interest that the street improvements be installed abutting the subject property, taking into account such factors as the pedestrian safety impacts that result from the development. The City may accept payment of a fee in lieu instead of requiring installation of street improvements in the following circumstances: 35 ORDINANCE NO. 5907 i. There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years; or ii. Installation of the required improvement would require substantial off -site roadway modifications; or iii. The Administrator determines that installation of the required improvement would result in a safety hazard; or iv. Other unusual circumstances preclude the construction of the improvements as required. d. Amount of Payment of Fee: In each instance where the City approves a proposed fee -in -lieu under the provisions of this Section, the amount of the fee - in -lieu is listed in the City of Renton Fee Schedule. Additional fee amounts will be determined on a case -by -case basis for other significant street elements, such as catch basins and curb ramps. e. Use of Funds: In each instance where the City accepts payment of a fee in lieu of installing a street improvement under the provisions of this Section, the City shall deposit those funds into a reserve account and expend the funds collected within ten (10) years of the date collected to fund other pedestrian safety improvements in reasonable proximity to where they were collected. Funds shall be collected and expended by grouped community plan areas as follows: West Hill, City Center, Cedar River; Talbot, Benson, Fairwood; Kennydale, Highlands, East Plateau; and Valley. 36 ORDINANCE NO. 5907 f. No Further Obligation: In each instance where the City accepts payment of a fee in lieu of installing street improvements, the subject property will not be subject to participation in future street improvement costs (along the property frontage) unless redevelopment occurs that will generate more traffic trips than what was occurring at the property at the time of the payment of the fee in lieu of installation of street improvements. g. Cost Contribution Toward a City Capital Improvement Project for Properties in which Frontage Improvements Have Been Deferred by Restrictive Covenant: Where restrictive covenants have been recorded against a property, requiring the property owner to pay their fair share of street frontage improvements installed as part of a City capital improvement project and the City undertakes such capital improvement project, the owners of said properties shall pay the City an amount consistent with subsection C9d of this Section, Amount of Payment of Fee in Lieu of Street Improvements. This assessment must be paid in full within one year following notice from the City of such assessment, or the payment may be paid over a ten (10) year period, with three percent (3%) per annum interest on the unpaid balance. For payment over time, the owner shall receive a bill from the City for one -tenth (1/10) of the assessment plus interest. The first yearly payment must be paid within one year following the initial notice from the City of the assessment. Payments over time shall become a lien against the property. A notice of such lien specifying the charge, the period covered by the charge, and giving the address and property identification (PID) number shall 37 ORDINANCE NO. 5907 be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certificate of payment will be recorded with King County. 10. (Repealed by Ord. 5170) 11. Security Requirement Binding: The requirement of the posting of any security shall be binding on the applicant and the applicant's heirs, successors and assigns. 12. Record of Deferral: The Administrator shall note for the Department's record the following information: the improvements deferred, amount of security or check deposited, time limit of security or check, name of bonding company, and any other pertinent information. 13. Transfer of Responsibility: Whenever security has been accepted by the Administrator, then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners' association or property owners' association, then it shall be necessary for the owners' association to have voted to assume the obligation before the City may accept the security, and a copy of the minutes of the owners' association duly certified shall be filed along with the security. 14. Administrative Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitution of one party for another on ORDINANCE NO. 5907 any security if the Administrator, after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. 15. Proceeding Against Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such security or other payment in lieu thereof. In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney's fees. The applicant shall enter into an agreement with the City requiring payment of such attorney's fees. SECTION XIX. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or 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 BY THE CITY COUNCIL this this loth day of December, 2018. 39 ORDINANCE NO. 5907 APPROVED BY THE MAYOR this 10' day of December, 2018. Approved as to form: Shane Moloney, City Aftorney Date of Publication: 12/14/2018 ORD:2033:12/4/18:scr - 14 P '4L Deni Law, Mayor 40