Loading...
HomeMy WebLinkAboutCritical Areas Regulations - Private Surface Water Systems (12/4/2006)"-.. `mwe CITY OF RENTON, WASHINGTON ORDINANCE NO. 5308 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING A SUBSECTION 4-3-050C5D.iv TO THE TABLE ENTITLED "EXEMPT ACTIVITIES PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS" TO CHAPTER 3 "ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS" OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTOW TO ADD AN EXCEPTION FOR STORM WATER PIPING IN A GEOLOGIC HAZARD AREA. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Section 4- 3-05005d of the Table entitled `Exempt Activities Permitted Within Critical Areas and Associated Buffers" of Chapter 3 "Environmental Regulations and Overlay Districts" is hereby amended by adding a subsection iv to read as follows: Storm Drainage Piping: 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 4-3-050J2b and that the instillation would be consistent with each of the purposes of the geologic hazard regulations listed in RMC 4-3-050A4. Also, to qualify for the exemption, the report must propose appropriate mitigation for any potential impacts identified in the report. SECTION H. The Table modified in Section I above shall be further modified in Section 5d10 by adding an "X" to the column headed Geologic Hazard. SECTION HL This Ordinance shall be effective upon its passage, approval, and five days after its publication ORDINANCE NO. 5308 IWO PASSED BY THE CITY COUNCIL this 24th day of September , 2007. '), '.(here-, Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 24th day of September , 2007. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication 9/29/2007 ORD.13 80: 0 8/ 17/07 : ch Kathy Keol Mayor 2 September 24, 2007 Renton City Council Minutes Page 329 Community Services: City Finance Committee Chair Persson presented a report recommending Hall Lease (5th Floor), concurrence in the staff recommendation to approve a five-year lease with Communities in Schools of Communities in Schools of Renton for space on the fifth floor of City Hall. The Renton Committee further recommended that the Mayor and City Clerk be authorized to sign the lease. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Fees Finance Committee Chair Persson presented a report recommending Waiver, The Chelsea & Blakey concurrence in the staff recommendation to approve the waiver of building, Townhomes development, and impact fees as provided by City Code 4-1-210B, Owner - Occupied Housing Incentive, at the request of proponents of The Chelsea (condominiums) and the Blakey Townhomes projects. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution #3905 A resolution was read granting authority for an interfund loan to Fund 318, Finance: Temporary Interfund South Lake Washington Infrastructure Project. MOVED BY LAW, Loan to S Lake Washington SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS Infrastructure Project Fund 318 READ. CARRIED. The following ordinance was presented for first reading and advanced for second and final reading: CAG: 06-130, Airport An ordinance was read amending the 2007 Budget by transferring $75,000 from Maintenance Dredging & the Airport Office Rehabilitation Project and $25,000 from the 2007 Precision Shoreline Mitigation, Approach Project to the Maintenance Dredging and Shoreline Mitigation Parametrix, Budget Amend Project to pay for the change of scope in the contract with Parametrix, Inc. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5307 Following second and final reading of the above -referenced ordinance, it was CAG: 06-130, Airport MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADOPT Maintenance Dredging & THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Shoreline Mitigation, Parametrix, Budget Amend The following ordinance was presented for second and final reading and adoption: Ordinance #5308 An ordinance was read adding a Subsection 4-3-05005D.1v to the table entitled Development Services: Private "Exempt Activities Permitted within Critical Areas and Associated Buffers" to Stormwater Utilities in Chapter 3, Environmental Regulations and Overlay Districts, of Title IV Geologically Hazardous Areas (Development Regulations) of City Code to add an exception for stormwater j y piping in a geologic hazard area. MOVED BY CLAWSON, SECONDED BY �l NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Clawson reported that Council held a workshop last Friday Annexation: Benson Hill regarding the Benson Hill Communities Annexation transition plan. He stated Communities, S 200th St & that the Fire Chief presented his plan that entails moving around and 128th Ave SE redeploying fire trucks and aid cars, which may be accomplished without increasing the budget. Mr. Clawson further stated that the response times will be even better. September 17, 2007 rr.. Renton City Council Minutes I,.,,. Page 315 MOVED BY NELSON, SECONDED BY BRIERS, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE ADDED ITEM OF CORRESPONDENCE. CARRIED. UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole the downtown wayfinding system manufacture and installation contract. The EDNSP: Downtown Committee recommended concurrence in the staff recommendation to approve Wayfinding System and authorize the Mayor and City Clerk to sign a contract with Sea Reach, Ltd. Installation, Sea Reach for $221,180 to manufacture and install the prioritized components of the downtown wayfinding system that will improve the system of signage into and around downtown Renton. The Committee further recommended that a public meeting be set for 10/15/2007 to discuss the downtown wayfinding system design and color scheme. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Responding to Mayor Keolker's inquiry, Council President Nelson explained that the purpose of the public meeting is to view actual color samples and materials for the gateway signs in particular, and to invite comment from the public. *ROLL CALL: FIVE AYES: NELSON, CLAWSON, LAW, BRIERS, CORMAN; TWO NAYS: PALMER, PERSSON. MOTION CARRIED. Community Services Community Services Committee Chair Corman presented a report Committee recommending concurrence in Mayor Keolker's appointments to the Airport Appointment: Airport Advisory Committee as follows: Todd Banks (Airport -at -Large alternate Advisory Committee position) for a term expiring 5/7/2010, and Matthew Devine (Talbot Hill neighborhood alternate position) for a term expiring 5/7/2008. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND ORDINANCES Development Services: Private Stormwater Utilities in Geologically Hazardous Areas TA The following ordinance was presented for first reading and referred to the Council meeting of 9/24/2007 for second and final reading: An ordinance was read adding a Subsection 4-3-050C5D.iv to the table entitled "Exempt Activities permitted within Critical Areas and Associated Buffers" to Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of City Code to add an exception for stormwater piping in a geologic hazard area. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/24/2007. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance #5301 An ordinance was read annexing approximately 4.89 acres of property generally Annexation: Anthone',Talbot located immediately south of S. 55th St. and immediately east of Talbot Rd. S.; Rd S & S 55th St Anthone' Annexation. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5302 An ordinance was read establishing the zoning classification for approximately Annexation: Anthone', R-4 4.89 acres, generally located immediately south of the south side of S. 55th St. Zoning on the north and immediately east of Talbot Rd. S., annexed within the City of Renton to R-4 (Residential - four dwelling units per acre) zoning; Anthone" Annexation. MOVED BY BRIERS, SECONDED BY CLAWSON, COUNCIL `December 4, 2006 ^✓ Renton City Council Minutes ..,` Page 427 family homelessness is a growing problem in King County, Mr. McDougall- Treacy described the services provided by the organization, including mental health and chemical dependency outreach. Alisha Mark, King County Sexual Assault Resource Center (KCSARC) Board Member, 3625 NE loth Ct., Renton, 98056, thanked the City for its support of human services. She indicated that KCSARC has served the Renton community for 30 years, and is committed to continue serving victims and families of sexual assault. Correspondence was read from Kathleen Southwick, Crisis Clinic Executive Director, 1515 Dexter Ave. N., Seattle, 98109, supporting the inclusion of the additional $157,000 in human services funding in the 2007 Budget. Pointing out that the Crisis Clinic's 24-hour crisis line was not included in the funding recommendations, she expressed her hope that the inclusion of the additional funding will allow the City to continue to support the crisis line. Correspondence was read from Denise Klein, Senior Services Executive Director, 2208 2nd Ave., Seattle, 98121, expressing appreciation for the recommended funding for the Senior Services' Meals on Wheels and Volunteer Transportation programs in 2007 and 2008. There being no further public comment, it was MOVED BY LAW, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Development Services: Private This being the date set and proper notices having been posted and published in Stormwater Utilities in accordance with local and State laws, Mayor Keolker opened the public hearing Geologically Hazardous Areas to consider revisions to the critical areas regulations of City Code to allow private surface water systems to be installed and discharge in geologically hazardous areas, when such utilities would reduce erosion and improve slope stability. Jennifer Henning, Current Planning Manager, reported that only publicly - owned surface water facilities may develop and install conveyance pipes on steep slopes. She explained that a public utility can run a stormwater line down a steep slope and disperse water at the bottom, but a private developer must disperse stormwater at the top of the slope and risk erosion, landslides, and slope instability. Pointing out that development in critical areas is prohibited unless exempted by City Code, Ms. Henning stated that staff recommends allowing private stormwater facilities the same exemption as public stormwater facilities. She indicated that staff will conduct a SEPA environmental review of the matter, and then present the related ordinance for first reading. Public comment was invited. There being none, it was MOVED BY LAW, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: Washington State Department of Transportation and the City of Renton will hold a Springbrook Creek Wetland and Habitat Mitigation Bank project Y City of Renton PUBLIC INFORMATION HANDOUT December 4, 2006 Critical Areas Regulations Code Revisions For additional information, please contact: Jennifer Henning, Project Manager; City of Renton Development Services Division; (425) 430-7286 ISSUE: Geologic hazard areas including steep slopes are regulated by the City's Critical Areas Regulations. Development is prohibited in critical areas and their buffers unless exempted per RMC 4-3-05005. Currently, publicly owned surface water facilities may develop and install conveyance pipes on steep slopes in order to discharge storm water at the bottom. However, private developers are not allowed the same exemption. By not allowing an exemption for private development, the regulations only permit the discharge of stormwater at the top of a steep slope, which can lead to slope instability, erosion, and possible landslides. The amendment would allow private developers to collect the storm water from the development, run the pipe down the steep slope, and disperse the water at the base of the slope. This is the same exemption afforded public facilities. RECOMMENDATION: The Development Services Division recommends that the Council accept public testimony regarding the proposed code amendment. Further, Development Services recommends that the Council amend the Critical Areas Regulations to exempt private development when installing stormwater conveyance pipes and dispersion systems in geologic hazard areas. C:r c CD o 0 a CD bG CD 3D w o CC'o CDCD O CD �- N rD � o n z� ID a `; co � N o 0 0 L (D td � o ° a ti n i7 o ° w (D 0 o io < w f D CDU�o (� 0 0� ��'CD CD A CDCD -yy CD CDCD w CD o� cro a- a CD CD CD CD " a G 4 o CD CD ��� CD x o' �o.CD C z Ln Vo ° rLn� C CL C �, D ., �o °CD CD c 5' � � 'I CL co � vo tro s o G (7 C7 n c n 'D o'T? rn 7G a°s n ohs �� a r. m G a s a rr � ►C o G F,o �_c a ° %QrtrnoD o�'.eCA x �C co � � ]' p 5 av cc' u. a„ m c m ro ..� M, t q ooaa a Wn�" t'DG y p G o p CD t �o 0-1a y x U� 0 7[►°I oCD o c�xyy � sn� pb *CsJn 7 rt CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 4th day of December, 2006, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Amendments to the Critical Areas Regulations of Renton Municipal Code to allow private surface water systems to be installed and discharge in geologically hazardous areas, when such utilities would reduce erosion and improve slope stability All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. i Bonnie I. Walton City Clerk Published King County Journal November 26, 2006 Account No. 50640 11/22/2006 - Notice sent to one Party of Record per attached label. L. Johnson cc: Jennifer Henning Jam and Smudge Free Printing Use Avery® TEMPLATE 51600 Phil Kitzes PK Enterprises 23035 SE 263`d St. Maple Valley, WA 98038 www.avery.com AVERW 51600 1-800-GO-AVER' ®0945 ®A tJ3A v n AtO3AV- -00 M wor�CaaAene•nnnnnn 00915 I!jege6 al zasom ® apidea a6eyaes a ja o6emnogque uoissaidwi CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 4th day of December, 2006, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Amendments to the Critical Areas Regulations of Renton Municipal Code to allow private surface water systems to be installed and discharge in geologically hazardous areas, when such utilities would reduce erosion and improve slope stability All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. Bonnie I. Walton City Clerk Published King County Journal November 26, 2006 Account No. 50640 November 20, 2006 Renton City Council Minutes ,,.. Page 403 UNFINISHED BUSINESS Utilities Committee Chair Clawson presented a report recommending Utilities Committee concurrence in the staff recommendation to approve the proposed amendments Utility: Public Works to the public works construction permit fees (Water Construction Permits, Construction Permit Fees Water Meter Installations, Water Meter Processing, and Wastewater and Surface Water Construction Permits) and incorporate them into an ordinance. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY CLAWSON, SECONDED BY BRIERS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 406 for ordinance.) Utility: WRIA 8 & 9 Salmon Utilities Committee Chair Clawson presented a report regarding the Water Habitat Plan Implementation, Resource Inventory Area (WRIA) 8 and WRIA 9 Salmon Habitat Plan Interlocal Agreements interlocal agreements. The Committee recommended concurrence in the staff recommendation to approve a resolution authorizing the Mayor and City Clerk to execute the interlocal agreements between the City and other jurisdictions participating in the implementation of the WRIA 8 and WRIA 9 Salmon Habitat Plans for the time period of 2007-2015. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 406 for resolution.) Planning & Development Planning and Development Committee Chair Briere presented a report Committee regarding the 2007 Comprehensive Plan pre -applications and requests. The Comprehensive Plan: 2007 Committee recommended concurrence in the staff recommendation to approve Amendments, Pre -Applications the request for pre -application review for Application 2007-Pre-01, Alan Kunovsky's request for review of land use designation at 326 Park Ave. N., and Application 2007-Pre-02, O'Farrell Properties LLC's request for land use designation and multi -family policy review at 188 Hardie Ave. SW, including four parcels of contiguous property between Rainier Ave. S., Hardie Ave. S., and SW Victoria St. The Committee further recommended that these applications be forwarded to the Planning Commission for inclusion in the 2007 work program pending successful completion of an application for a Comprehensive Plan amendment by 12/15/2006. MOVED BY BRIERS, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Private Stormwater Utilities in Geologically Hazardous Areas ?w Planning and Development Committee Chair Briere presented a report regarding private stormwater utilities in geologically hazardous areas. The Committee met to discuss the proposed revision to the critical areas regulations, which would exempt new surface water discharges from private storm systems on steep slopes. Currently, public surface water discharges are allowed to discharge on or near steep slopes in order to improve slope stability. However, private stormwater systems are not permitted to discharge, even when such utilities would reduce erosion and improve slope stability. The Committee recommended that a public hearing regarding the proposed amendments be held by the City Council on 12/4/2006. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Planning and Development Committee Chair Briere presented a report Wireless Communication recommending concurrence in the staff recommendation to approve the City Facilities in Residential Zones Code amendments to permit wireless communication facilities within public rights -of -way within residential zones and adopt the ordinance. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 407 for ordinance.) `7 t 3 BY CiTV COUNCIL PLANNING AND DEVELOPMENT COMMITTEE mate COMMITTEE REPORT November 20, 2006 Amendments to Code Regulating Geologically Hazardous Areas (Referred November 6, 2006) The Planning and Development Committee met to discuss proposed revision to the Critical Areas Regulations which would exempt new surface water discharges from private storm systems on steep slopes. Currently, public surface water discharges are allowed to discharge on or near steep slopes in order to improve slope stability. However, private storm water systems are not permitted to discharge, even when such utilities would reduce erosion and improve slope stability. The Planning and Development Committee recommends that the public hearing for the proposed amendments be held by the City Council on Monday, December 4, 2006. Teri Briere, Chair Dan Clawson, Vice Chair Marcie Palmer, Member cc: Gregg Zimmerman, PB/PW Administrator Neil Watts, Development Services Director Jennifer Henning, Current Planning Manager planning and dev geologic hazardous areas.doc\ Rev 01 / 06 bh November 6, 2006 Renton City Council Minutes - - Page 376 AJLS: East Renton Plateau Administrative, Judicial and Legal Services Department recommended approval PAA, King County of an agreement with King County regarding the East Renton Plateau Potential Annexation Area. Refer to Committee of the Whole. AJLS: Potential Annexation Administrative, Judicial and Legal Services Department recommended approval Areas, King County of an agreement with King County relating to the potential future annexation of four of Renton's Potential Annexation Areas. Refer to Committee of the Whole. Community Services: Ivars Community Services Department recommended approval to allocate Contract Unanticipated unanticipated revenue in the amount of $38,760 from Ivar's, Inc. (as per Ivar's Revenue Allocation, Holiday contract with the City) to supplement expenditures associated with the holiday Lights lights program. Council concur. (See page 378 for ordinance.) Community Services: Park Community Services Department requested authorization to increase the park Fund Budget Increase, Staffing fund budget in the amount of $35,000 for intermittent parks and recreation Expenses staffing expenses. Refer to Finance Committee. Court Case: Patrick Gress, Court Case filed on behalf of Patrick Gress by Peter T. Connick, 157 Yesler CRT-06-004 Way, #518, Seattle, 98104, requesting removal of forfeiture proceeding to district court and return of plaintiffs property seized by the Renton Police Department on 3/23/2006. Refer to City Attorney and Insurance Services. Development Services: Development Services Division recommended acceptance of a deed of Meadow II Short Plat, ROW dedication for additional right-of-way at Meadow Ave. N. to fulfill a Dedication, Meadow Ave N, requirement of the Meadow II Short Plat. Council concur. SHP-05-157 Development Services: Development Services Division recommended acceptance of a deed of Windstone 11 Short Plat, ROW dedication for additional right-of-way at Mt. Baker Ave. NE and at Nile Ave. Dedication, Mt Baker Ave NE NE to fulfill a requirement of the Windstone II Short Plat. Council concur. & Nile Ave NE, SHP-04-124 Development Services: Development Services Division recommended acceptance of a deed of Windstone III Short Plat, dedication for additional right-of-way at Kitsap Pl. NE to fulfill a requirement ROW Dedication, Kitsap PI of the Windstone III Short Plat. Council concur. NE, SHP-04-136 Development Services: Private Development Services Division requested approval to allow private stormwater Stormwater Utilities in � utilities to be installed in geologically hazardous areas. Refer to Planning and Geologically Hazardous Areas Development Committee. Development Services: Development Services Division recommended approval to permit wireless Wireless Communication communication facilities in residential zones within public rights -of -way. Refer Facilities in Residential Zones to Planning and Development Committee. Annexation: Aster Park, Economic Development, Neighborhoods and Strategic Planning Department Sunset Blvd NE submitted 60% Direct Petition to Annex for the proposed Aster Park Annexation and recommended a public hearing be set on 11/20/2006 to consider the petition and future zoning; 19.85 acres located along the south side of Sunset Blvd. NE, west of 148th Ave. SE. Council concur. Annexation: Hudson, Benson Economic Development, Neighborhoods and Strategic Planning Department Rd S & SE 168th St recommended a public hearing be set on 11/20/2006 to consider the proposed Hudson Annexation and future zoning of the 13.69-acre site located in the vicinity of Benson Rd. S. and SE 168th St. Council concur. ®-w-ITY OF RENTON COUNCIL AGENDA-q!fILL Submitting Data: Planning/Building/Public Works Dept/Div/Board Development Services Division Staff Jennifer Henning, x7286 Contact..... . Subject: Code amendment to allow private storm water utilities to be installed in geologically hazardous areas. Exhibits: Issue Paper Code Revision Al #: 1` For Agenda of. Agenda Status Consent .............. Public Hearing... Correspondence Ordinance.......... Resolution........ . Old Business........ New Business....... Study Sessions....... Information... Recommended Action: Approvals: Refer to Planning & Development Committee Legal Dept......... Finance Dept...... Other. Fiscal Impact: None Expenditure Required... Transfer/Amendment....... Amount Revenue Budgeted.......... Generated......... Total Project Budget City Share Total Project SUMMARY OF ACTION: November 6, 2006 X An amendment to RMC 4-3-050C.5.d.i is needed which would allow private storm water facilities to be installed in geologically hazardous areas in order to reduce the risks of slope instability and landslides near private development. STAFF RECOMMENDATION: Approve the amendment to the exempt activities table and adopt the ordinance. H:\Division.s\Develop.ser\Dev&plan.ingWeiser\Issue Papers\StormwaterAgendaBill.doc PLANNING/BUILDING/PUBLIC WORKS ♦ ♦ DEPARTMENT M E M O R A N D U M DATE: October 24, 2006 TO: Randy Corman, Council President Members of the Renton City Council CC:- Kathy Keolker, Mayor FROM: �"Gregg Zimmerman, Administrator STAFF CONTACT:' Jennifer Henning, Current Planning Manager, ext. 7286 SUBJECT: Exemption for Private Surface Water Utilities ISSUE: Should the City of Renton allow private individuals to construct surface water utilities in geologically hazardous areas when such utilities would improve slope stability? RECOMMENDATION: Staff recommends adopting an ordinance amending RMC Section 4-3-050C.5.d.i to exempt New Surface Water Discharges in Geologic Hazard Areas. BACKGROUND SUMMARY: Controlling the runoff which occurs during rainstorms is a problem which must be addressed in developed areas. This problem is especially compounded when developments are situated near steep slopes. The runoff from these developments, which empties down the steep slopes, can lead to slope instability, erosion, and possible landslides. In order to reduce the risks associated with runoff on steep slopes, storm water facilities such as flow spreaders can be installed to release storm water in a controlled manner and prevent the development of channels and gullies. Piping can be laid to collect and redirect surface water before it reaches the steep slope. Installations like these would increase slope stability and reduce the risk of erosion and landslides if installed properly. In the 2004 Comprehensive Plan, the City Council adopted a policy which directly addresses the problem of surface water runoff. Policy EN-29 states: "Route storm water runoff from new development to avoid gully erosion or landslides in ravines and steep hillsides." Page 2 of 2 1%W October 24, 2006 M Under the current Renton Municipal Code, storm water facilities may be built by public entities but cannot be built on steep slopes by private individuals. This is contrary to the goal of the comprehensive plan policy. In this case, development of private utilities on steep slopes, with the intent of controlling runoff, would be in line with the policies of the comprehensive plan and would improve, rather than reduce the quality and safety of geologically hazardous slopes. CONCLUSION: If an amendment to the exempt activities table was approved by Council, staff believes this would provide private citizens the opportunity to install runoff utilities and improve the stability of steep slopes. This would provide long term benefits to the quality of geologically hazardous areas and reduce risks associated with landslides and erosion. 4-3-050C MM Aquifer Flood Geologic Habitat Streams and Protection Hazard Hazard Conservation Lakes: Class EXEMPT ACTIVITY Area Area Area Area 2 to 4 Wetlands d. Surface MOO. A i. New Surface Water Discharges: New X X X surface water discharges to wetland Catego- ries 1, 2 and 3, or buffers of Categories 1, 2 and 3, and to streams or lakes from deten- tion facilities, presettlement ponds or other surface water management structures; pro- vided, the discharge meets the requirements of the Storm and Surface Water Drainage Regulations (RMC 4-6-030); will not result in significant adverse changes in the water temperature or chemical characteristics of the wetland or stream/lake water sources; and there is no increase in the existing rate of flow unless it can be demonstrated that the change in hydrologic regime would result in equal or improved wetland or stream/lake functions and values. Where differences exist between these regulations and RMC 4-6-030, these regulations will take prece- dence. ii. New or Modified Regional Stormwater X X X Facilities: Regional stormwater management facilities to be operated and maintained under the direction of the City Surface Water Utility that are proposed and designed con- sistent with the Washington State Depart- ment of Ecology Wetlands and Stormwater Management Guidelines or meeting equiva- lent objectives. For habitat conservation areas, this exemption applies only to Cate- gory 1 wetlands. iii. Flood Hazard Reduction: Implementa- X X tion of public flood hazard reduction and public surface water projects, where habitat enhancement and restoration at a 1:1 ratio are provided, and appropriate Federal and/ or State authorization has been received. X X X i. Relocation of Existing Utilities out of Criti- X1 X X cal Area and Buffer: Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and elec- tric facilities, lines, pipes, mains, equipment and appurtenances (not including substa- tions), 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. 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 Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. (Revised 6/05) 3 - 18.2