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HomeMy WebLinkAboutTree Retention Standards/Animal Regulation Code Amendments (2/27/2007)1%W Amends: ORD 5100, 5132, 5153 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5 3 0 6 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-2-110A "DEVELOPMENT STANDARDS FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS" AND NOTE 10 OF SECTION 4-2-110D "CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS" OF CHAPTER 2 "ZONING DISTRICTS — USES AND STANDARDS" OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO CLUSTER DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-2-110.A "Development Standards for Single Family Residential Zoning Designations" of Chapter 2 "Zoning Districts — Uses and Standards" of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended, as shown in Attachment "A" to allow certain R-8 standards in the R-4 zone when clustering. SECTION H. Section 4-2-110.D "Conditions Associated with Development Standards" "Table for Single Family Residential Zoning Designations" of Chapter 2 "Zoning Districts — Uses and Standards of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended, by amending note # 10 to read as follows: Small lot clusters of up to a maximum of fifty (50) lots shall be allowed within the R-4 Zone, when at least thirty percent (301/o) of the site is permanently set aside as "significant open space". Such open space shall be situated to act as a visual buffer between small lot clusters ORDINANCE NO. 5 3 0 6 and other development in the zone. The percentage of open space required may be reduced by the reviewing official to twenty percent (20%) of the site when: a. Public access is provided to the open space; and b. Soft surface trails are provided within wetland buffers; and c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and enhanced to allow passive and/or active recreation. All portions of a site that are not dedicated to platted single family lots or a dedicated right of way shall be set in a separate tract and/or tracts to preserve existing viable stands of trees or other native vegetation. The tract may also be used as a receiving area for tree replacement requirements in accordance with RMC 4-4-130H. Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, they shall be replaced in accordance with RMC 4-4-130 H. SECTION III. This Ordinance shall be effective upon its passage, approval, and five days after its publication PASSED BY THE CITY COUNCIL this 17 t h day of September , 2007. Bonnie I. Walton, City Clerk 2 ORDINANCE NO. 5306 r.. APPROVED BY THE MAYOR this 17 t h day of September 2007. Kathy Keolker, Mayor Approved as to form: Lawrence I Warren, tity Attorney Date of Publication: 9/22/2007 (summary) ORD.13 77 : 08/ 16/07: ch 3 M M Attachment A ORDINANCE NO. 5306 o �, W lb M � ((D io 2 o• N 0 v t�D M � rt CL Z o Q v N K � rt N r g z CA C) m m CD -4 w o C) (n C) r 0 o m N O 0 o 3 CD o 0 X n m z � D z _ v v Cn -n O CL �' m = o M o -� �, CD m 3 o o Q. Co o = g ; s o 3 Co o 5 �. o 3 0)�: C0 � a Q CID �~ m m o C a D a� � D 0 y O `z 0CD 0 �p Cn r m D m Cn m z D r 0 o Cp 0 W 0 x a ;u w 3 _ n) g M oo v m o% o o 0 rn U) 3° Q 3 cp 0 s N c> N W — M u, v, Co a 03 o Q o cn 0� v- °' W w x `� 3 CD CD m o I z a� rn v 0 A 3 CD s o m o 0 -* o o v M 0 o 0 -° o a M 00 z G) Cl) O z CD CD N O z « valw ORDINANCE NO. 5306 3 § § / ] ] 3 ] @ 7 @ -n (D 7 k � � a % q Co 7 2 CD % g& ■ � / g j § ] = CD � ƒ " E 0' » / / c k / \ \ 2 k i§ 2 7 k k m _ j 7 < � A■@ $ oCL 0 » ? E ¢ E CD a 0 m n = 3 © m J a c ; £ e 2 ƒ � CL a$\ / = 2 k 0 E t ■ o » : / 2 / § (n E k a—SL k ■ a J R g k/ \ e %$ B a A g t k ■ g a § 7 _" 7 » 'a\ m Q c_ a §§ k A C k £ ■ 0 a 7 & 0 _C // k��— 2 • ® / 2 ] Cr a ) 6 0 M k \ E/\ 0 /§@ a CD m/ \ § — \ � g A C o m ■ & R 2 Q ® 2 / 05 m � g 0 T a ORDINANCE NO, 5306 2 \ co � � to J J � / @ E CD / D C $ Q 7 0 �� k $ � 7u I n 0 - E � n % Et 0 o C m @ E © 7 CD � CD o a CD & ■ @ / 3 CD�/ 0 m o d � § r-j cn @ � # E 2 CD 7 g CD n t 2 CL @ o 0 k ƒ CD % X 7 2 r / a CD / a / o 3 E \ CL k k � � CD � tu X k �E @ . 2 § E m t / 0 7 / % \ 2 \ � / ƒ k @ w § / / J / co » o 0. A CDE / 2 k _n / .® al a / / 3 — o \ / o o . � § a E n I 2 CD 8 CD CD X (/ % � p6 $ 0 7 CL @ n=r E £ _ /_ 0 0 CDJ 0 $ cn 7 0 Amends: ORD 4963, 5100 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5 3 0 5 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTERS 2 "ZONING DISTRICTS — USES AND STANDARDS" AND 4 "CITY-WIDE PROPERTY DEVELOPMENT STANDARDS" OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO AMEND THE REGULATION OF ANIMALS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-2-060 "Zoning Use Table — Uses Allowed in Zoning Designations" of Chapter 2, "Zoning Districts - Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended, changing the Zoning Use Table to allow the maximum number of large animals per acre to be two (2), to read as shown in Attachment "A". SECTION H. Section 4-2-080 "Conditions Associated with Zoning Use Tables," of Chapter 2, "Zoning Districts — Uses and Standards" of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended by changing the text of note #36 to read as follows: A greater number of animals per acre than are otherwise allowed in this zone may be permitted as an Administrative Conditional Use; provided: a. The keeping of animals meets the conditions of RMC 4-4-01 OF, General Requirements for Keeping Animals; and 1 ►M ORDINANCE NO. 5 3 0 5 In b. For large & medium animals, a farm management plan has been adopted based on the King County Conservation District's Farm Conservation and Practice Standards showing that adequate pasturage to support a larger number of animals is provided. SECTION III. Subsection L "Non conforming uses" of Section 4-4-010 "Standards and Review Criteria for Keeping Animals," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: In cases where the keeping of animals does not comply with these regulations, the situation shall be classified as a nonconforming use. SECTION IV. This Ordinance shall be effective upon its passage, approval, and fmc days after its publication. PASSED BY THE CITY COUNCIL this 17 t h day of September 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 17 t h day of September , 2007. Kathy Keo , Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 9/26/2007 (summary) ORD.13 75 : 08/ 16/07: ch 2 Attachment A ORDINANCE NO. 5305 . 0 PT,: CD y�z ° o CD o.. n 0 — �v • Col C: o ° CD 0p cr r CD o �- CD ° �- Cr °��5.����z y .-. CD CD oCD o CD oFP " t" o ° CD d z y Orn z nto — -. CN C'� w chi, can v�i oo O z y > b b b O o CITY OF RENTON, WASHINGTON ORDINANCE NO. 5 3 0 4 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 4-4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, CHAPTER 4-7 SUBDIVISION REGULATIONS, CHAPTER 4-8, PERMITS- GENERAL AND APPEALS, CHAPTER 4-9, PERMITS - SPECIFIC AND CHAPTER 4-11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON- BY CHANGING THE REGULATIONS FOR TREE RETENTION AND REMOVAL. WHEREAS, the retention of mature trees in the City of Renton helps maintain the natural environment, provides effective natural stormwater control, enhances aesthetics and landscaping in newly developed areas, provides a high quality environment for businesses and families, provides natural insulation from extreme temperatures, helps to maintain Renton's existing tree canopy, absorbs Carbon Dioxide, reduces pollution, and is part of the green infrastructure of the City; and WHEREAS, the City of Renton Comprehensive Plan Community Design Element goals are to raise the aesthetic quality of the City, to strengthen the economy through high quality development, and to ensure that a high quality of life is maintained as Renton evolves; and WHEREAS, the City of Renton Comprehensive Plan Environmental Element goal is to continue protection of Renton's natural systems, natural beauty, and environmental quality; and WHEREAS, the City of Renton has authority under Renton Municipal Code Section 4- 4-130 to implement regulations regarding tree retention and removal; and WHEREAS, the City of Renton Development Services Division issued a Director's Rule in March 2006, which interprets the City's authority to regulate tree retention and removal; and 1 En !r M ORDINANCE NO. 5 3 0 4 WHEREAS, the code amendments presented in this ordinance are intended to formalize and codify the March 2006 Director' Rule; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-4-070.1) of Chapter 4, City-wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: D. GENERAL LANDSCAPE REQUIREMENTS: 1. Street Frontage Landscaping Required: On -site landscaping is generally required along all street frontages, with the exception of areas of pedestrian walkways and driveways. 2. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment as appropriate. Landscaping may include hardscape such as decorative paving, rock outcroppings, fountains, plant containers, etc. 3. Residential Rear/Side Yard/Landscaping Along Streets: When rear or side yards are along property lines abutting a street, there shall be a minimum five-foot (50) planting area in the public right-of-way. This will necessitate setting any future fencing back from the edge of the right -or -way so that the landscaping is visible from the street. Landscaping is required prior to occupancy. Maintenance of such areas shall be the responsibility of the property owner(s). The maintenance requirement may necessitate provision of a gate in the fence to access the planting area. 4. Compliance with Zone Standards Required: See specific zone requirements listed in chapter 4_2 RMC. 5. Parking Lot Landscaping Requirements: Parking lot landscaping requirements are listed in RMC 4-4-080F7. Trees shall be retained in accordance with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 6. Use of Existing Plant Material: Existing trees and other vegetation on the site of a proposed development shall be used to augment new plantings to meet the requirements of this section. 7. Use of Drought -Resistant Plants: Incorporation of drought -resistant plants into the landscape is encouraged. 2 ORDINANCE NO. 5 3 0 4 8. Avoidance of Hazards: All landscaping shall be planned in consideration of the public health, safety, and welfare. a. Landscaping shall not intrude within the clear vision area at driveways and street intersections. b. Trees planted near overhead power lines shall be species that will not eventually grow into such lines. c. Landscaping shall not obscure fire hydrants or access for emergency -response vehicles. d. Avoid planting trees that may damage sidewalks. 9. Preservation of Unique Features: Unique features within the site shall be preserved and incorporated into the site development design (such as significant vegetation and rock outcroppings). 10. Slopes: Stripping of vegetative slopes where harmful erosion and run-off will occur shall be prohibited. The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be initiated upon completion of grading and fully installed within thirty (30) days of grading completion and prior to a request for final project approval. Where slopes are not subject to erosion due to the erosion -resistant character of the materials such protection may be omitted with the permission of the Public Works Department, provided that this protection is not required by the rehabilitation plan. 11. Erosion Control Devices: Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety and control the rate of water run-off. 12. Permanent Underground Irrigation System Required: a. Underground irrigation systems shall be installed and maintained in good working order in all landscaped areas of industrial, commercial, and multi -family development, and landscaped common areas in single family subdivisions. b. The irrigation system shall provide full water coverage of the planted areas as specified in the plan. c. The irrigation system maintenance program shall include scheduled procedures for winterization. d. Exceptions: Landscape plans featuring one hundred percent (100%) drought tolerant plants or landscaping already established without irrigation systems are exempt from installation of permanent irrigation system, but drought tolerant proposals must provide supplemental moisture by means of a City -approved temporary irrigation system for a period not less than two (2) years. The applicant must provide a maintenance security En rn ORDINANCE NO. 5 3 0 4 device for a period of three (3) years from the date of approval of landscape installation to ensure survival of plants. SECTION II. Section 4-4-070.H of Chapter 4, City-wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: H. AMENDED LANDSCAPING PLAN: 1. Modification of Landscape Plans: In the event there are significant physical elements that are discovered after preliminary plan approval that may prevent installation of the landscaping as proposed, the landscape plan may be modified upon request to the Development Services Director. Such request must be accompanied by the following: a. Copy of original, approved landscape plan. b. An amendment plan meeting requirements of RMC 4-8-120D 12, Landscape Plan, detailed. c. Narrative describing and justifying proposed changes. d. Modified tree retention and land clearing plan for any protected trees proposed to be removed in accordance with RMC 4-4-130 Tree Retention and Land Clearing Regulations. 2. Acceptability of Requested Modifications: The plans may be approved, denied or returned to the applicant with suggestions for changes that would make them acceptable. 3. Failure of Plan to Meet Intent: The Development Services Director may initiate revisions to an approved landscape plan, prior to release of a surety device, if the installed landscaping has failed to meet the intent of City landscape requirements. SECTION III. Section 4-4-130 of Chapter 4, City-wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees, shrubs, and groundcover plants. The purposes of these regulations are to: 4 •.. ORDINANCE NO. 5 3 0 4 1. Preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees, shrubs, and ground cover; 2. Implement and further the goals and policies of the City's Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watersheds, and economics; 3. Promote land development practices that result in minimal adverse disturbance to existing vegetation and soils within the City while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; 4. Minimize surface water and groundwater runoff and diversion, and aid in the stabilization of soil, and to minimize erosion and sedimentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils; 5. Retain clusters of trees for the abatement of noise and for wind protection, and to reduce air pollution by producing pure oxygen from carbon dioxide. (Ord. 5137, 4-25-2005) 6. Protect trees during construction activities from damage to tree roots, trunks, and branches. 7. Recognize that trees increase real estate values. B. APPLICABIL][TY: The regulations of this Section apply to any property where land development or routine vegetation management activities are undertaken. (Ord. 5137, 4-25-2005) C. ALLOWED TREE REMOVAL ACTIVITIES: Tree removal and associated use of mechanical equipment is permitted as follows, except as provided in subsection D2 of this Section, Restrictions for Critical Areas, and in RMC 4-3- 110E5b, Urban Separator Overlay Regulations. 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, damaged, or dangerous ground cover or trees which have been certified as such by a forester, registered landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required, or the removal of which is approved by the City. ORDINANCE NO. 5304 3. Maintenance Activities/Essential Tree Removal — Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights -of -way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: Removal of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected, in which case see subsections C12 and C13 of this Section. 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the following requirements: a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D2 of this Section, Restrictions for Critical Areas, on the subject property. In every case, impacts shall be minimized and disturbed areas restored. b. In every location where site investigative work is conducted, disturbed areas shall be minimized, and immediately restored. c. A notice shall be posted on the site by the property owner or owner's agent indicating that site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection D2 of this Section, Restrictions for Critical Areas. d. No site investigative work shall commence without first notifying the Director or his or her designee in advance. 9. Allowable Minor Tree Removal Activities: Except as provided in subsection D2 of this Section, Restrictions for Critical Areas, tree removal and associated use of mechanical equipment is permitted as follows: a. No more than three (3) trees are removed in any twelve (12) month period from a property under thirty five thousand (35,000) square feet in size; and rai �... ORDINANCE NO. 5 3 0 4 b. No more than six (6) trees are removed in any twelve (12) month period from a property thirty five thousand (35,000) square feet and greater in size. c. Rights -of -Way Unobstructed: In conducting minor tree removal activities, rights -of - way shall not be obstructed unless a right-of-way use permit is obtained 10. Landscaping or Gardening Permitted: Land clearing in conformance with the provisions of subsection C9, Allowed Minor Tree Removal Activities, and subsection D2 of this Section, Restrictions for Critical Areas, is permitted for purposes of landscaping or gardening; provided, that no mechanical equipment is used. 11. Operational Mining/Quarrying: Land clearing and tree removal associated with previously approved, operational mining and quarrying activities. 12. Modification of Existing Utilities and Streets by Ten Percent (10%) or Less 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right -of - Way or Easements: Within existing improved public road rights -of -way or 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. Restoration of disturbed areas shall be completed. D. PROHIBITED ACTIVITIES: 1. Prohibited Activities: There shall be no tree removal or land clearing on any site for the sake of preparing that site for future development unless a land development permit, as defined in RMC 4-5-120 D 12 for the site has been approved by the City. 2. Restrictions for Critical Areas — General: Unless exempted by critical areas, RMC 4-3- 05005 or Shoreline Master Program regulations, RMC 4-3-090, no tree removal, or land clearing, or groundcover management is permitted: a. On portions of property with protected critical habitats, per RMC 4-3-050K; streams and lakes, per RMC 4-3-050L; Shorelines of the State, per RMC 4-3-090, Renton Shoreline Master Program Regulations; and wetlands, per RMC 4-3-050M; and their associated buffers; b. On protected slopes except as allowed in this Section or in the Critical Areas Regulation, RMC 4-3-050; or c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. 7 ORDINANCE NO. 5 3 0 4 3. Restrictions for Native Growth Protection Areas: Tree removal or land clearing shall not be permitted within a Native Growth Protection Easement except as provided in the established native growth protection area requirements of RMC 4-3-050E4. E. REVIEW AUTHORITY: 1. Authority and Interpretation: The Reviewing Official is hereby authorized and directed to interpret and enforce all the provisions of this Section. He or she is authorized to require retention above the minimum standards, to require phasing of tree retention plan, or to require any other measures to meet the purpose of this section. 2. Independent Secondary Review: The Reviewing Official may require independent review of any land use application that involves tree removal and land clearing at the City's discretion. An evaluation by an independent qualified professional regarding the applicant's analysis on the effectiveness of any proposed removal, retention, or replacement measures, to include recommendations as appropriate. This review shall be paid for by the applicant and the City shall select the third party review professional. F. PERMITS REQUIRED: 1. Land Development Permit: An approved land development permit, as defined in RMC 4-8-120 D 12, is required in order to conduct tree removal or land clearing on any site for the sake of preparing that site for future development. 2. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management, as defined in RMC 4-11-180, on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. 3. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree removal, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. 4. Timber Stand Maintenance — Conditional Use Permit Required: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing maintenance and thinning beyond the limits allowed in subsections subsection C9 of this Section, Allowable Minor Tree Removal Activities, shall be considered as a conditional use permit by the Hearing Examiner according to the following criteria in lieu of standard conditional use permit criteria: a. Appropriate approvals have been sought and obtained with the State Department of Natural Resources; and 1:3 ORDINANCE NO. 5 3 0 4 b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections H2, Applicability, Performance Standards and Alternates, and H3, General Review Criteria, of this Section; and d. Thinning activities shall be limited to less than forty percent (40%) of the volume and trees. 5. Tree Cutting — Solar Access or Pasture Land: A routine vegetation management permit is required for tree cutting in greater amounts than specified under partially exempt actions in subsection C9 of this Section, Allowable Minor Tree Cutting Activities, for any property where tree cutting is proposed without an associated land development permit. A routine vegetation management permit may be issued allowing tree cutting only in the following cases: a. For purposes of allowing solar access to existing structures; or b. To create pasture land where agricultural activities are permitted uses in the zone. Any tree cutting activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas. (Ord. 5137, 4-25-2005) G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Routine Vegetation Management Permits. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: 1. Protected Trees- Retention Required: Trees shall be retained as follows: a. Damaged and diseased trees excluded: Trees that are dangerous as defined in RMC 4- 2-210, or are safety risks due to root, trunk, or crown structure failure shall not be counted as protected trees. b. Residential: i. RC, R-1, R-4 and R-8 zones: Thirty percent (30%) of the trees shall be retained in a residential or institutional development. ii. R-10, R-14, RM-F, RM-T, RM-U and RMH: Ten percent (10%) of the trees shall be retained in a residential or institutional development. c. All other zones: Five percent of the trees located on the lot shall be considered protected and retained in commercial or industrial developments. 9 En M ORDINANCE NO. 5 3 0 4 d. Utility uses and mineral extraction uses: such operations shall be exempt from the protected tree retention requirements of this chapter if removal can be justified in writing and approved by the Reviewing Official; e. Replacement Requirements: i. When the required number of protected trees cannot be retained, new trees, with a two inch (2") caliper or greater, shall be planted. The replacement rate shall be twelve (12) caliper inches of new trees to replace each protected tree removed; ii. When a tree or tree cluster that is part of an approved tree retention plan cannot be retained, mitigation shall be required per subsection i, above. iii. Unless replacement trees are being used as part of an enhancement project in a critical area or buffer, they shall not consist of any species listed in RMC 4-4-130 H7d. f. Tree retention standards shall be applied to the net developable area. Land within critical areas and their buffers, as well as public right-of-ways, shall be excluded from the above calculation. If the number to be retained includes a fraction of a tree, any amount equal to or greater than one-half tree (1/2) shall be rounded up; 2. Plan Required: When a land development permit, as defined in RMC 4-8-120 D12, is submitted to the City it shall be accompanied by a tree removal and land clearing plan. 3. Applicability, Performance Standards and Alternates: All land clearing and tree removal activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved soil engineering, engineering geology, hydrology or forest management plan and where the alternate procedures will be equal to or superior in achieving the policies of this Section. All land clearing and tree removal activities may be conditioned to ensure that the standards, criteria, and purpose of this Section are met. 4. General Review Criteria: All land clearing and tree removal activities shall comply with RMC 4-4-060 Grading, Excavation, and Mining Regulations, and shall meet the following criteria: a. The land clearing and tree removal will not create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction. b. The land clearing and tree removal will not create or contribute to flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. c. Land clearing and tree removal will be conducted to maintain or provide visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code. 10 ,%✓ ... ORDINANCE NO. 5 3 0 4 d. Land clearing and tree removal shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an approved build -out schedule and including any necessary erosion control measures. e. Land clearing and tree removal shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas, and RMC 4-3-050, Critical Areas Regulations. f. Retained trees will not create or contribute to a hazardous condition as the result of blowdown, insect or pest infestation, disease, or other problems that may be created as a result of selectively removing trees and other vegetation from a lot. g. Land clearing and tree removal shall be conducted to maximize the preservation of any tree in good health that is an outstanding specimen because of its size, form, shape, age, color, rarity, or other distinction as a community landmark. 5. Timing: The City may restrict the timing of the land clearing and tree removal activities to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of the environment. 6. Restrictions for Critical Areas: See subsection D2 of this Section, Restrictions for Critical Areas — General, and RMC 4-3-050, Critical Areas Regulations. 7. Tree/Ground Cover Retention: The following measures may be used by the Reviewing Official in conditioning a land development permit or building permit proposal, to comply with the general review criteria of subsection H4: a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. The Reviewing Official may require modification of the tree retention and land clearing plan, or the associated land development permits, to ensure the retention of the maximum number of trees. b. The Reviewing Official may require the applicant to replace trees, provide interim erosion control, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. c. Trees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. d. Except in critical areas or their buffers, unless enhancement activities are being performed, the removal of trees on the following list should be allowed in order to avoid invasive root systems, weak wood prone to breakage, or varieties which tend to harbor insect pests: i. All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Italica"), etc. ii. All Alnus species which includes red alder (Alnus oregona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. 11 n cm ORDINANCE NO. 5 3 0 4 iii. Salix species which includes weeping willow (Salix babylonica), etc. iv. All Platanus species which include London plane tree (Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis), etc. 8. Protection Measures During Construction: Protection measures in this subsection shall apply for all trees that are to be retained in areas subject to construction. All of the following tree protection measures shall apply: a. Construction storage prohibited: The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. b. Fenced protection area required: The applicant shall erect and maintain six -foot -high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. . Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING- Protected Trees" or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. c. Protection from grade changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree's drip line. d. Impervious surfaces prohibited within the drip line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained. e. Restrictions on grading within the drip lines of retained trees: The grade level around any tree to be retained may not be lowered within the greater of the following areas: (1) the area defined by the drip line of the tree, or (2) an area around the tree equal to one and a half feet (1 '/z') in diameter for each one inch of tree caliper. The Reviewing Official may require a larger tree protection zone based on tree size, species, soil, or other conditions. f. Mulch layer required: All areas within the required fencing shall be covered completely and evenly with a minimum of three inches (3") of bark mulch prior to installation of the protective fencing. Exceptions may be approved by the Reviewing Official if the mulch will adversely affect protected groundcover plants. g. Monitoring required during construction: The applicant shall retain a professional arborist or other qualified professional to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover which are to be retained. (Ord. 5137, 4-25-2005) h Alternative protection: Alternative safeguards may be used if determined by the Reviewing Official to provide equal or greater tree protection. 12 ,maw ORDINANCE NO. 5 3 0 4 9. Maintenance a. All retained trees, including protected trees, shall be maintained for at least five years from the date of the final land development permit issued for the project; b. All retained trees and vegetation shall be pruned and trimmed to maintain a healthy growing condition or to prevent limb failure; c. With the exception of dead, diseased, or damaged trees specifically retained to provide wildlife habitat; dangerous trees as defined in RMC 4-1-210, or stolen trees shall be replaced within three months or during the next planting season if the loss does not occur in a planting season; I. VARIANCE PROCEDURES: The Reviewing Official shall have the authority to grant variances from the provisions of this Section pursuant to RMC 4-8-070H and the decision criteria in RMC 4-9-250. (Ord. 5137, 4-25- 2005) J. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, damaged or destroyed will constitute a separate violation, and the monetary penalty for each violation shall be no less than the minimum penalty, and no greater than the maximum penalty of RMC 1-3 -2D. 2. Additional Liability for Damage: In addition, any person who violates any provision of this Section or of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3. Restoration Required: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures that shall be required as determined by the City. 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed in violation of, or without, an approved tree retention and land clearing plan, replacement planting of a tree of equal size, quality and species or up 18 caliper inches of trees of the same species in the immediate vicinity of the tree(s) that was/were removed. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s) , and at a minimum of two inches 2") in caliper. 13 %W too ORDINANCE NO. 5 3 0 4 5. Stop Work: For any parcel on which trees and/or ground cover are improperly removed and subject to penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005) SECTION IV. Section 4-7-130C of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: C ENVIRONMENTAL CONSIDERATIONS: A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-05OJla, without adequate area at lesser slopes upon which development may occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 2. Native Growth Protection Area Easement and Minimum Lot Size: Native growth protection area easements may be included in the minimum lot size of lots created through the subdivision process; provided, that the area of the lot outside of the easement is sufficient to allow for adequate buildable area and yards. (Ord. 4835, 3-27-2000) 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130 Tree Retention and Land Clearing. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. 14 ORDINANCE NO. 5 3 0 4 b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. (Amd. Ord. 4835, 3-27-2000) SECTION V. Table 4-8-120A of Chapter 8, Permits- General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown on Attachment `A'. SECTION VI. Table 4-8-120B of Chapter 8, Permits- General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown on Attachment `B' SECTION VII. Table 4-8-120C of Chapter 8, Permits- General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown on Attachment `C'. SECTION VIH. The definition of "Grading Plan" in Section 4-8-1201)(7) of Chapter 8, Permits- General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State of Washington licensed landscape architect at a scale of one inch to forty feet (1" to 40') (horizontal feet) and one inch to ten feet (1" to 10') (vertical feet) (or other size plan sheet or scale approved by the Development Service Division Plan Review Supervisor) clearly indicating the following: a. Graphic scale and north arrow. b. Dimensions of all property lines, easements, and abutting streets, 15 ORDINANCE NO. 5 3 0 4 c. Location and dimension of all on -site structures and the location of any structures within fifteen feet (15') of the subject property or which may be affected by the proposed work, d. Accurate existing and proposed contour lines drawn a five foot (5'), or less, intervals showing existing ground and details of terrain and area drainage to include surrounding off -site contours within one hundred feet (100') of the site, e. Location of natural drainage system, including perennial and intermittent streams, the presence of bordering vegetation, and flood plains. f. Setback areas and any areas not be disturbed, including the location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown. The method of tree protection during grading and construction shall be shown. If grade changes in the vicinity of the protected trees are necessary, the method of reconciling the drip line with the finished elevation shall be included (see RMC 4-4-130 Tree Retention and Land Clearing Regulations); g. Finished contours drawn at five foot (5') intervals as a result of grading, h. Proposed drainage channels and related construction with associated underground storm lines sized and connections shown, and i. General notes addressing the following (may be listed on the cover sheet): i. Area in square feet of the entire property. ii. Area of work in square feet. iii. Both the number of tons and cubic yards of soil to be added, removed, or relocated. iv. Type and location of fill origin, and destination of any soil to be removed from site. v. Finished floor elevation(s) of all structures, existing and proposed. SECTION IX. The definition of "Landscaping Plan, Conceptual" in Section 4-8-1201)(12) of Chapter 8, Permits- General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: Landscaping Plan, Conceptual: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly 16 r.. ORDINANCE NO. 5 3 0 4 ... qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, parking areas, access and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (50) intervals or less, e. Location, size, and purpose of planting areas, including those required in RMC 4-4-070 Landscaping; f. Location and height for proposed berming, g. Location and elevations for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, (Ord. 5100, 11-1-2004) i. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing Regulations). SECTION X. The definition of "Landscaping Plan, Detailed" in Section 4-8-120D(12) of Chapter 8, Permits- General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: Landscaping Plan, Detailed: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, property lines, walks, parking areas, and access, and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five-foot (5 ❑) intervals or less, 17 En M ORDINANCE NO. 5 3 0 4 e. Detailed grading plan, f. Location, dimensions, and purpose of all planting areas (the width of a landscaping area when curbed shall be measured from inside to inside of the curbs)including those required in RMC 4-4-070 Landscaping; g. Location and height for proposed berming, h. Locations, elevations, and details for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., i. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, j. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing Regulations). k. Names of existing and proposed vegetation, and 1. Detailed planting plan (soil mix, planting depth and width, and bark mulch depth). (Ord. 5100, 11-1-2004) SECTION XI. The definition of "Tree Cutting/Land Clearing (Tree Inventory) Plan" in Section 4-8-1201)(21) of Chapter 8, Permits- General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington' is hereby amended to read as follows: Tree Retention/Land Clearing (Tree Inventory) Plan: A completed Tree Retention Worksheet accompanied by a full dimensional plan, drawn by a professional arborist, landscape architect, or other similarly qualified professional, based on finished grade, drawn at the same scale as the project site plan with the northern property line at the top of the paper clearly showing the following: a. All property boundaries and adjacent streets, b. Location of all areas proposed to be cleared, c. Species and sizes of vegetation to be removed, altered or retained andthe boundaries and predominant species of stands of trees consisting of five (5) or more trees. This requirement applies only to trees, six inch (6") caliper, and larger fifty-four inches (54") above grade, and the location, size and species of all protected trees on the site. 18 "rao ...• ORDINANCE NO. 5 3 0 4 d. Future building sites and drip lines of any trees which will overhang/overlap a construction line, and e. Location and dimensions of rights -of -way, utility lines, fire hydrants, street lighting, and easements. f. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan. g. For allowed activities, including allowed exemptions, modifications, and variances, show all trees proposed to be removed in priority tree retention areas: slopes twenty five percent (25%) to thirty nine percent (39%), high or very high landslide areas, and high erosion hazard areas. h. Show trees to be removed in protected critical areas: wetlands, Shorelines of the State, streams and lakes, floodways, floodplain slopes forty percent (40%) or greater, very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical areas regulations in RMC 4-3-05005, Specific Exemptions. i. Show all trees to be retained in critical area buffers. j. In all other areas of the site, trees to be removed may be indicated generally with clearing limit lines except for protected trees. The location, size, and species of all protected trees on a site shall be shown. The plan shall also show the planned replacement trees in accordance with RMC 4-4-130-H1e and any planned replanting areas in accordance with RMC 4-4-130- Hlf. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) SECTION XII. Section 4-9-195 of Chapter 9, Permits- Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS: A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the tree retention and land clearing regulations in RMC 44-4130. B. AUTHORITY: The City's Development Services Division Director, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. 19 M cm ORDINANCE NO. 5 3 0 4 C. APPLICABILITY, EXEMPTIONS, AND PROHIBITED ACTIVITIES: 1. General Applicability: The regulations of this Section apply to any developed, partially developed or undeveloped property where routine vegetation management activities are undertaken. a. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. b. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree removal, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. c. Tree Removal — Solar Access or Pasture Land: A routine vegetation management permit is required for tree removal in greater amounts than specified under partially exempt actions in RMC 4-4-130C, Allowable Tree Removal Activities, for any property where tree removal is proposed without an associated land development permit. A routine vegetation management permit may be issued allowing tree removal only in the following cases: i. For purposes of allowing solar access to existing structures; or ii. To create pasture land where agricultural activities are permitted uses in the zone. Any tree removal activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with RMC 4-4-130132, Restrictions for Critical Areas. 2. Exemptions: Refer to RMC 4-4-130C. 3. Prohibited Activities: Refer to RMC 4-4-130D. D. PROCEDURES AND REVIEW CRITERIA: Permits for routine vegetation management shall be processed as follows: 1. Submittal: An application for a routine vegetation management permit shall be submitted to the Development Services Division together with any necessary fees as required in chapter 4-1 RMC. 2. Information Required: A routine vegetation management permit application shall contain the information requested in RMC 4-8-120, Submittal Requirements — Specific to Application Type. 20 ORDINANCE NO. 5 3 0 4 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Routine Vegetation Management Permit Conditions: The routine vegetation management permit may be denied or conditioned by the City to restrict the timing and extent of activities in order to further the intent of this Section including: a. Preserve and enhance the City's aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. e. Ensure that the proposal will be consistent with RMC 4-4-130D2, Restrictions for Critical Areas, and D3, Restrictions for Native Growth Protection Areas — Routine Vegetation Management Permits. f. Ensure that protected trees are retained, consistent with RMC 4-4-130 H. 5. Time Limits for Routine Vegetation Management Permits: Any permit for routine vegetation management shall be valid for one year from the date of issuance. An extension may be granted by the Development Services Division for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. E. APPEALS: Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management permit shall be made consistent with RMC 4-8-110, Appeals. F. VIOLATIONS AND PENALTIES: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005) SECTION XIH. The definition of "Tree" in Section 441-210 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 21 ORDINANCE NO. 5 3 0 4 TREE: A self-supporting woody plant characterized by one main trunk having a caliper of two inches (2") or greater, or, for certain species, a multi -stemmed trunk system with a definitely formed crown, with a potential minimum height of ten feet (10') at maturity. a. Tree, dangerous: Any tree that has been certified as dead, terminally diseased, damaged, or otherwise dangerous, by a professional forester, licensed landscape architect, or certified arborist. SECTION XIV. The definition of "Tree Cutting" in Section 4-11-210 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: TREE REMOVAL: The actual removal of the above ground plant material of a tree through chemical, manual or mechanical methods. � (��D SECTION XV. This ordinance shall be effective upon its passage, approval, and -fie days P P � PP after publication. PASSED BY THE CITY COUNCIL this 17 t h day of September , 2007. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this 17 t h day of September , 2007 Kathy KeolkerAvlayor Approved as to form: Lawrence J. Warren, rity Attorney ORD. 13 70:09/06/07: ch Date of Publication: 9/22/2007 (summary) 22 ATTACHMENT A TABLE 4-8-120A TYPE OF APPLICATIONIPERMIT SUBMITTAL Utility Stormwater Roadway Combined APA APA REQUIREMENTS Construct- Construct- Construct- Permit Operat- Closure ion Permit ion Permit ion Permit (Includes ing Permit (Sewer Plats) Permit and/or Water) Closure Permit 1 (b) Application Form Construction Permit 1 1 1 2 Application Form Construction Mitigation 3 3 3 4 Description Drainage Plans 3 3 3 Drainage Report 2 2 2 Erosion Control Plan 3 3 3 3 (Temporary) Geotechnical Report 3 2 1 2 Grading Plans 3 3 4 Hazardous Materials 1(b) 1(b) 1(b) 1(b) Management Statement Neighborhood Detail 3 3 3 3 Map Operating Permit 1 Application Roadway Construction 3 3 Plans Source Statement, Fill 1(b) 1(b) 1(b) 1(b) Material Stream or Lake Study 1(c) 1(c) 1(c) 1(c) Street Lighting Plans 3 3 A-1 ATTACHMENT A M Topography Map 3 3 3 4 Tree, 3 3 3 3 - Rcten tion/Inventory/Land Clearing Plan- Approved Utilities Plans- 3 3 3 4 Engineered Wetlands Assessment 1 (a) 1(a) 1 (a) 1(a) The number of copies required (if any) is indicated for each type of application and each submittal requirement, unless waived by the Development Services Division Plan Review Supervisor. 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Ordinance #5303 An ordinance was read amending the 2007 Budget by transferring $50,000 from Airport: Noise Study, Harris the 2007 Airport 608 Hangar Expansion Project and $99,000 from the 2007 622 Miller Miller & Hanson, Hangar Rehabilitation Project to fund the contract with Harris, Miller, Miller & Budget Amend Hanson to perform an airport noise study. MOVED BY PALMER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5304 An ordinance was read amending Chapter 4-4, Citywide Property Development Planning: City Code Amends Standards, Chapter 4-7, Subdivision Regulations, Chapter 4-8, Permits - re R-4 Zone & Tree Retention General and Appeals, Chapter 4-9, Permits - Specific, and Chapter 4-11, & Animal Regulations Definitions, of Title IV (Development Regulations) of City Code by changing the regulations for tree retention and removal. MOVED BY BRIERS, TV( SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5305 An ordinance was read amending Chapter 2, Zoning Districts - Uses and Planning: City Code Amends Standards, and Chapter 4, Citywide Property Development Standards, of Title re R-4 Zone & Tree Retention IV (Development Regulations) of City Code to amend the regulation of animals. & Animal Regulations MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5306 An ordinance was read amending Section 4-2-110A, Development Standards Planning: City Code Amends for Single Family Residential Zoning Designations, and Note 10 of Section 4-2- re R-4 Zone & Tree Retention 110D, Conditions Associated with Development Standards Table for Single & Animal Regulations Family Residential Zoning Designations of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of City Code relating to cluster development. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Planning: City Code Amends An ordinance was read amending Chapter 4-2, Zoning Districts - Uses and re R-4 Zone & Tree Retention Standards, Chapter 4-4, Citywide Property Development Standards, and & Animal Regulations Chapter 4-8, Permits - General and Appeals, of Title IV (Development Regulations) of City Code relating to the design standards for residential development. Moved by Briere, seconded by Clawson, Council adopt the ordinance as read.* Councilmember Palmer indicated that the Master Builders Association has expressed concerns regarding this ordinance and wants to offer suggestions before the ordinance is finalized. She suggested allowing more time for the association's input. Councilmember Clawson indicated that the association had plenty of opportunity to provide input and did provide input on the ordinance. Mayor Keolker reviewed the public involvement in the development of the ordinance, as detailed in a memorandum to the Mayor and Council dated 9/5/2007 from Economic Development Administrator Pietsch. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL SUSPEND THE RULES AND ALLOW GARRETT HUFFMAN, SOUTH KING COUNTY MANAGER FOR THE MASTER BUILDERS ASSOCIATION OF KING AND SNOHOMISH COUNTIES, TO COMMENT ON THE MATTER. CARRIED. Mr. Huffman stated that a similar situation in Snohomish County resulted in a list of 20 different architectural feature options. He indicated that in this case, the association's membership is frustrated since their comments have not always September 17, 2007 %-.W Renton City Council Minutes Page 317 been incorporated into the work document. Mr. Huffman further indicated that the membership is being limited in what they are able to do, and feel that the product will decrease rather than increase in attractiveness as a result of this. He suggested further discussion on the matter. In response to Councilmember Corman's inquiry, Mr. Huffman stated that the association represents a majority of the master builders that will comply with these rules. Mr. Corman agreed that more time is needed to review the design guidelines. Explaining that the ordinance concerns standards to be incorporated in new construction such as window trim and building modulation, Councilmember Briere indicated that the matter has been under review for months and the Master Builders Association's membership has had opportunity to comment. Following further discussion on the matter, it was MOVED BY CLAWSON, SECONDED BY BRIERS, CALL FOR THE QUESTION ON THE MOTION TO ADOPT THE ORDINANCE. CARRIED. *Roll call: three ayes: Nelson, Clawson, Briere; four nays: Law, Palmer, Persson, Corman. Motion failed. NEW BUSINESS Council President Nelson noted the need for clothing by the Renton Clothes Human Services: Renton Bank, and she encouraged citizens to donate clothing to this organization, which Clothes Bank served 437 people in August. Police: Regional Jail Reporting that in 2012, the King County jail will no longer accept misdemeanor bookings from King County cities, it was MOVED BY LAW, SECONDED BY PERSSON, COUNCIL REFER THE TOPIC OF A REGIONAL JAIL TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Fire: Emergency Response Mayor Keolker relayed a citizen concern regarding private information being Times for Medical Aid released to Councilmembers in relation to the review of the medical aid response data, and she stated for the record that the personal information has been redacted. ADJOURNMENT MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL ADJOURN. CARRIED. Time: 8:33 p.m. Y�1�6'iL Xz, J. (�� Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann September 17, 2007 September 10, 2007 VIAW Renton City Council Minutes %we Page 307 Annexation: Anthone', Talbot An ordinance was read annexing approximately 4.89 acres of property generally Rd S & S 55th St located immediately south of S. 55th St. and immediately east of Talbot Rd. S.; Anthone' Annexation. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/17/2007. CARRIED. Annexation: Anthone', R-4 An ordinance was read establishing the zoning classification for approximately Zoning 4.89 acres, generally located immediately south of the south side of S. 55th St. 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 CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/17/2007. CARRIED. Airport: Noise Study, Harris An ordinance was read amending the 2007 Budget by transferring $50,000 from Miller Miller & Hanson,, the 2007 Airport 608 Hangar Expansion Project and $99,000 from the 2007 622 Budget Amend Hangar Rehabilitation Project to fund the contract with Harris, Miller, Miller & Hanson to perform an airport noise study. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/17/2007. CARRIED. Planning: City Code Amends i An ordinance was read amending Chapter 4-4, Citywide Property Development re R-4 Zone & Tree Retention Standards, Chapter 4-7, Subdivision Regulations, Chapter 4-8, Permits - & Animal Regulations General and Appeals, Chapter 4-9, Permits - Specific, and Chapter 4-11, Definitions, of Title IV (Development Regulations) of City Code by changing the regulations for tree retention and removal. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/17/2007. CARRIED. Planning: City Code Amends An ordinance was read amending Chapter 2, Zoning Districts - Uses and re R-4 Zone & Tree Retention Standards, and Chapter 4, Citywide Property Development Standards, of Title & Animal Regulations IV (Development Regulations) of City Code to amend the regulation of animals. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/17/2007. CARRIED. Planning: City Code Amends An ordinance was read amending Section 4-2-110A, Development Standards re R-4 Zone & Tree Retention for Single Family Residential Zoning Designations, and Note 10 of Section 4-2- & Animal Regulations 1 IOD, Conditions Associated with Development Standards Table for Single Family Residential Zoning Designations of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of City Code relating to cluster development. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/17/2007. CARRIED. Planning: City Code Amends An ordinance was read amending Chapter 4-2, Zoning Districts - Uses and re R-4 Zone & Tree Retention Standards, Chapter 4-4, Citywide Property Development Standards, and & Animal Regulations Chapter 4-8, Permits - General and Appeals, of Title IV (Development Regulations) of City Code relating to the design standards for residential development.* Councilmember Clawson noted the limited scope of the ordinance which has to do with setbacks and ornamental treatments to the backs and sides of homes. *MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/17/2007. CARRIED. c.U�Oiecl 7-t�'r �Ounc�'lV Cf�.if' ECONOMIC DEVELOPMENT, ��NEIGHBORHOODS, AND STRATEGIC 1 PLANNING DEPARTMENT M E M O R A N D U M DATE: September 5, 2007 TO: Toni Nelson, Council President Members of the City Council CC:Mayor Kathy Keolker FROM: Alex Pietsch, Administrator SUBJECT: Public Review Process for the Proposed Design Features, Cluster Allowances, and Tree Retention Ordinances The proposed tree ordinance, architectural standards, R-4 cluster, and animal regulations were adopted unanimously via two Planning & Development Committee reports on June 25, 2007. 1) The tree ordinance provides for new regulations for retaining and replacing trees when land development occurs and modifying the thresholds for tree cutting permits for tree removal on developed properties. 2) The architectural standards create a very limited set of building standards that would apply only in the R-1, R-4, and R-8 zones. These standards address decorative trim around windows, eave projection standards, roof types, garage entry, and front entryway standards. The proposed regulations setting architectural standards are not a full set of design guidelines, but address only this focused set of minimum standards regulating the appearance of buildings. 3) The R-4 cluster provisions allow clustering to occur through the R-4 zone rather than only within 600 feet of the R-8 zone, as stipulated in the existing code. Requirements for open space and allowances for smaller lots sizes within the clusters to help create the open space are not changed. Critical areas are allowed to count as eligible open space. The maximum density in the R-4 zone is not changed. 4) The proposed animal regulations change the maximum number of large animals from one to two, but keep the minimum land area required as one acre. The regulations also change the process to review requests for more than the permitted number of animals from a Hearing Examiner Conditional Use to an Administrative Conditional Use. In addition, the non -conforming status of animals is allowed to be vested with the land, rather then expire when an animal dies or is replaced. These amendments originated as follow-up to recommendations of the East Renton Plateau Citizen Task Force. The work program started as an "emergency ordinance" in the referral, but when the Preserve Our Plateau Annexation (POPA) election failed, work was slowed h:\ednsp\title iv\general\tree retention\2007\cover memo re public involvement.doc Toni Nelson, Council Presic.,,., Page 2 of 2 September 5, 2007 down and more time was taken to review the issues. The City received substantive comment only on the tree ordinance and architectural features proposals. The Master Builders Association (MBA) and several independent builders participated in the review of these proposals. The MBA staff supported the R-4 cluster changes without comment but did provide comments on both the tree and architectural features ordinance at the Planning Commission level. Changes in the tree proposal made by the Commission appear to address the concerns of the MBA, and no further comments were generated on this ordinance at the Planning and Development Committee level. However, the architectural features ordinance was amended in response to comments by the Planning and Development Committee. The Committee established a menu of features from which developers can choose to implement these requirements. In the current proposal the developer must meet 4 of 5 possible standards. The broader subject of design guidelines is a larger work program that is still on the docket for review. Work on this topic will require significant input from the public and the development community. A description and timeline of the process to date is presented in Attachment 1, History and Public Involvement. The MBA's and other organizations' comments were incorporated into the proposal. The ordinances as drafted reflect input received through May, June, and July 2007. Attachment 2, Progression of the Proposal, shows the progression of the proposal as input was received and considered. h:\ednsp\title iv\general\tree retention\2007\cover memo re public involvement.doc Attachment 1: History and Public Involvement Comments from the MBA were considered at several points in the process: • November 5, 2006: Initial Meeting 17 builders and Mr. Huffman were invited to discuss the concerns and issues of design in new construction in R-4 and R-8 zones. The meeting was held in the Conferencing Center and was well attended. • February 26, 2007: Public Hearing on Initial Proposal at City Council MBA commented and raised issues. • March 7, March 21, and April 4, 2007: Planning Commission Work Sessions Mr. Huffman requested an opportunity for MBA comment on proposals on March 7, 2007, following up on the Public Hearing at the City Council meeting. The Planning Commission agreed to provide a forum for the MBA. Mr. Huffinan and two other members: John Norris of Norris Homes and Evan Johnson of Wescott Homes prepared and presented a panel discussion on tree regulations and design/architectural standards proposals. Mr. Huffman submitted material from the National Association of Homebuilders on best practices in Tree Preservation. Mr. Norris discussed specific building materials related to fascia and trim detail. Staff sat in the audience. April 4, 2007: Planning Commission Regular Meeting Staff presented a revised proposal that reflected issues presented during the panel discussion. Both tree and development standards affecting design were amended to reflect input. Staff did further research on industry standards for trim and fascia widths and cost. The Commission adopted the regulations that night. Two commissioners, Mr. Cho and Mr. Shearer, were absent and one, Mr. Taylor, abstained. The proposal was approved 2-1 with five members present and the chair not voting. Commissioner Osborn voted against the motion because she supported the staff recommendation rather than the Commission's amended version. • April 9, 2007: E-mail to Kevin Wyman, member of the MBA and former member of East Renton Plateau Citizens Task Force • April 23, 2007: Meeting and Site Visit with Kevin WM Staff gathered input regarding architectural standards. • May 10, May 17, and June 7, 2007: Planning & Development Committee Meetings Mr. Huffman signed in on May 17, 2007, and requested a menu of choices on architectural features. • June 21, 2007: Planning & Development Committee Meeting The proposal was revised to reflect Mr. Huffinan's request for a menu and copies were made available. The Planning & Development Committee signed the report. Mr. Huffinan telephoned, inquiring about the report and meeting. Staff sent email to Mr. Huffinan with the menu style recommendation for architectural features attached. H:\EDNSP\Title IV\General\Tree Retention\2007\Cover Memo re Public Involvement Att l.doc • June 28, 2007: Meeting with Mr. Huffinan and representatives from Quadrant Homes and American Classic Homes Comments were incorporated into architectural feature language that did not affect content (notation regarding nominal treatment for trim and optional 5-foot setback for garage can be measured from a porch). A further opportunity for additional comment was provided with a July 5, 2007 deadline. • July 5, 2007 No additional input received. • July 17, 2007: Phone call from Mr. Huffman to Assistant Planner, Angie Mathias Mr. Huffinan inquired as to input received from Quadrant Homes or American Classic Homes. He was informed that nothing was received. A subsequent email was received from Mr. Huffinan forwarding comments from Mr. Tien Peng of Quadrant Homes (see attachment). The majority of these comments were outside the limited scope of the proposed amendments and more pertinent to a larger design guidelines work program. Clarification was added to the ordinance stipulating that a fascia gutter combination, which is a standard manufactured product, could be used to meet the required standard. H:\EDNSP\Title IV\General\Tree Retention\2007\Cover Memo re Public Involvement Att Ldoc Attachment 2: Progression of the Proposal Initial Architectural Features Requirements: o Roof o Decorative hip or gabled roof with a pitch at least one to two o Trim o Decorative trim measuring at least four inches on all windows and doors o Eaves and Fascia o Eaves projecting at least eighteen inches on at least seventy-five percent of the building with fascia measuring at least ten inches Architectural Features Requirements, as amended by the Planning Commission: o Roofs o Decorative hip or gabled roof with a pitch at least one to two o Shed roof o Trim o Decorative trim measuring at least four inches on all windows and doors o Eaves and Fascia o Eaves projecting at least twelve inches on at least seventy-five percent of the building with fascia measuring at least eight inches Architectural Features Requirement, as amended with input by the Planning and Development Committee, the request from MBA to develop a menu, and further input from MBA: 1. Roofs a. Decorative hip or gabled with a pitch greater than one to two (1:2) b. Shed roof c. Other decorative roof that creates visual appeal 2. Decorative Trim* a. Trim that measures at least four inches (4") surrounding all windows and detailing all doors b. Shutters and/or four inches (4") trim on all windows and four inches (4") trim detailing all doors 3. Eaves with Fascia* a. Eaves projecting from the roof of the entire building at least fifteen inches (15") with horizontal fascia or fascia gutter at least eight inches (8") deep on the face of all eaves. b. Eaves projecting from the roof of the entire building at least twelve inches (12") with horizontal fascia or fascia gutter at least eight inches (8") deep on the face of all eaves. In addition, at least two (2) different building materials are used on at least thirty percent (30%) of the total front facade. (For example, stone along the bottom portion of the front facade with hardie plank on the top.) H:\EDNSP\Title IV\General\Tree Retention\2007\Cover Memo re Public Involvement Att 2.doc 1"W 4. Garage a. Recessed from the front of the house and/or covered front porch at least five feet (51)** b. Alley accessed o Entry does not face a street o Represents no greater than 50% of the front fagade at ground level c. Detached and no closer than six feet (6') to nearest point of primary structure 5. Covered Front Entryway a. Front porch measuring at least four feet (4') x six feet (6') that is covered, but not enclosed. b. Front entryway measuring at least four feet (4') x six feet (6') that is covered, but not enclosed. * Measurements for the four inches (4") window and/or door trim and the eight inches (8") fascia are nominal sizes. It is understood that the actual measurements of standard lumber is 3 1/2 inches for 4" boards and 7 1/4 inches for 8" boards. ** If using the recessed garage, the five feet can be counted from the front of a covered front porch, but not a covered front entryway. H:\EDNSP\Title IV\General\Tree Retention\2007\Cover Memo re Public Involvement Att 2.doc FW: American Classic Homes 1%W ..W, Page 1 of 3 Angie Mathias - FW: American Classic Homes From: "Garrett Huffman" <ghuffman@mbaks.com> To: <amathias@ci.renton.wa.us> Date: 07/17/2007 10:43 AM Subject: FW: American Classic Homes Hi Angie, I hope this helps and lets chat further once you've had time to process this. Thanks. 9 Cjarrett,J Huffman South King County Manager Master Builders Association of King and Snohomish counties 335 116th A w,rw SE Bdkur� WA 98004 (425) 460-8236 (206) 605-8877 g�xuffirun@ ni zks. com z nwwYbtdders*arm From: Akiyama, Patricia[mai Ito: patricia. a kiya ma@q uadra nthomes.com] Sent: Tuesday, July 17, 2007 10:32 AM To: Garrett Huffman Subject: FW: American Classic Homes Garrett - here are Tien's comments to Renton's draft guidelines. Is this what you're looking for? --pa From: Peng, Tien Sent: Thursday, June 28, 2007 4:02 PM To: Akiyama, Patricia Subject: RE: American Classic Homes Thanks for the web site, Patricia. Their homes look pretty good. I'm surprised they are not complaining more. Here are my comments to the Architectural features worksheet: 1. Roofs- Add d. Variety in roofing material or color. 2. Decorative trim - Add b. Four inch (4" nominal) trim surrounding all windows which face a corner or arterial and on all doors. c. Show variety in window grids or mullions d. Show variety in window trim and front door detailing file://C:\Documents and Settings\nmcquiller\Local Settings\Temp\GW}000O1.HTM 07/24/2007 FW: American Classic Homes Page 2 of 3 e. Architectural detailing including knee bracing, corbels, planter boxes, trellis, dentils, etc. 3. Eaves with Facia - Add a. Eaves projecting from ... at least eight inches (8" nominal) deep or equivalent facia gutter on the face of all eaves. b. Eaves projecting from ...at least eight inches (8" nominal) deep or equivalent facia gutter on the face of all eaves.... 4. Garage- Add a. Recessed from the front of the house (may include porch) at least five feet (5). May include cantilevered living space over garage. f. If front loaded garage, paint garage door main body color of home and add window (lites) in garage door. g. Shared driveways with side loaded garages; h. Zero lot -line with easements; i. Z-lot design 5. Covered Front Entryway - Add c. Minimum size of front stoop of 36 square feet with direct porch connection to sidewalk. Add 6. Scale and Modulation a. Home site /street modulation (vary front yard setback to home) by 3 ft minimum on adjacent homes. b. Change in scale or massing of buildings (rambler vs 2 story) every 8th home minimum. None of this will address my concern of a 30' product in that R-8 zone but at least this will give us a shot. I can provide photos to show everyone of these items too but that will take some time. Thanks! Tien Tien Peng Director of Design, Quadrant Homes t:425.646.8371 1 f:425.646.8363 e: tien.peng@quadranthomes.com From: Akiyama, Patricia Sent: Thursday, June 28, 2007 12:15 PM file://C:\Documents and Settings\nmcquiller\Local Settings\Temp\GW}000O1.HTM 07/24/2007 FW: American Classic Homes IM Page 3 of 3 1 3: Peng, Tien Subject: American Classic Homes Tien - here is a link to their website. Even they have garage forward designs that wouldn't meet Renton standards... and they aren't "custom homes." http://www.americanclassicb_uilder.com/index.php Patricia Akiyama Director of Government Affairs Quadrant Homes 425-452-6583 - office direct line 425-233-7445 - mobile file://C:\Documents and Settings\nmcquiller\Local Settings\Temp\GW}000O1.HTM 07/24/2007 JVne 25, 2007 Nof Renton City Council Minutes Page 221 Separate Consideration Economic Development, Neighborhoods and Strategic Planning Department Item 6.d. submitted 10% Notice of Intent to annex petition for the proposed Liberty Annexation: Liberty, 156th Annexation, and recommended a public meeting be set on 7/9/2007 to consider Ave SE & SE 144th St the petition; 184.2 acres located in the vicinity of 156th Ave. SE and SE 144th St. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL: APPROVE CONSENT AGENDA ITEM 6.d. AS PRESENTED; REQUIRE PUBLIC MEETING NOTIFICATION TO SURROUNDING PROPERTY OWNERS WITHIN 300 FEET OF THE ANNEXATION AREA AND TO NEIGHBORING SUBDIVISIONS; AND REFER THE ISSUE OF ANNEXATION NOTIFICATION PRACTICES TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval of Finance Committee Claim Vouchers 260800 - 261330 and two wire transfers totaling Finance: Vouchers $5,829,452.48; and approval of 262 Payroll Vouchers, zero wire transfers, and 673 direct deposits totaling $2,199,304.10. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Utility Bill Finance Committee Chair Persson presented a report regarding the request for Adjustment, Renton Housing utility bill adjustment from the Renton Housing Authority. Due to two separate Authority leaks that took some time to locate, the Renton Housing Authority requested an adjustment to their utility bills in the amount of $14,158.35. The Committee recommended concurrence in the staff recommendation and approves the request of the Renton Housing Authority. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Transportation: 1-405, (I-5 to SR-169) Stage I Widening, WSDOT Planning & Development Committee Planning: City Code Amends re R-4 Zone & Animal Regulations Planning: City Code Amends re Tree Retention Utilities Committee Utility: SW 34th St Culvert Replacement Project Fund Transfer, Budget Amend Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute a cooperative agreement with the Washington State Department of Transportation for a City of Renton project coordinator for the I- 405, I-5 to SR-169 Stage 1 Widening Project. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 222 for resolution.) Planning and Development Committee Chair Briere presented a report recommending concurrence in the staff recommendation to approve the animals, cluster, and design ordinance. The Committee further recommended that the ordinance be prepared for first reading. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Responding to Councilmember Corman's inquiry, Economic Development Administrator Pietsch stated that the tree retention ordinance, which was reported out of Planning and Development Committee on 6/11/2007, affects every zone throughout the City. Utilities Committee Chair Clawson presented a report recommending concurrence in the staff recommendation to transfer $150,000 to the 2007 SW 34th St. Culvert Replacement Project budget from the Surface Water Utility's approved 2007 budget for the Lake Ave. S./Rainier Ave. S. Storm System Replacement Capital Improvement Program project. The Committee further A!"PPIOVED BY CETV COUNCIL PLANNING AND DEVELOPMENT COMMITTEE Date 10-;t5 ado COMMITTEE REPORT June 25, 2007 Animals, Cluster, and Design Ordinance Referred February 5, 2007 The Planning and Development Committee recommends concurrence in the staff recommendation to approve the Animals, Cluster, and Design Ordinance. The Committee further recommends that the ordinance be prepared for first reading. 4 Terri Briere, thair Dan awson, ice air Marcie Palmer, Member cc: 4wreoyngtm Alex Pietsch o�G�4/it f &iQ'fA'4+'✓ .iune 11, 2007 r,r Renton City Council Minutes r.✓ 201 Committee of the Whole Council President Nelson presented a Committee of the Whole report regarding Planning: Minimum minimum annexation size guidelines. The Committee was briefed and Annexation Sizes recommended that no changes be made to the current annexation practices at this time. However, the Administration is encouraged to track the costs and revenues generated by annexation activity and request budget increases to ensure the sufficient provision of services to all areas of the City as annexation occurs. MOVED BY NELSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 259842 - 260190 and three wire transfers totaling $2,484,379.94; and approval of Payroll Vouchers 144, zero wire transfers, and 680 direct deposits totaling $1,272,762.44. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 259842 - 260799 and six wire transfers totaling $5,873,252.52; and approval of Payroll Vouchers 304, zero wire transfers, and 1,364 direct deposits totaling $4,305,742.92. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Human Resources: 2007 Finance Committee Chair Persson presented a report recommending Group Health Cooperative concurrence in the staff recommendation to approve the annual review of the Medical Coverage Contracts Group Health Cooperative medical coverage agreements as follows: LEOFF 1 (Law Enforcement Officers and Fire Fighters) Retirees (Contract Nos. 0057500 and 4057500); and all other City of Renton covered employees (Contract No. 1162600). Funding was previously approved by Council in the 2007 Budget. The revisions are applicable to all three of the renewal contracts. As in prior years, Group Health does not send confirming contracts for signature until mid year. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contracts. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report regarding Committee Renton Municipal Airport policy priorities and examining alternatives. In April Airport: Development Policy and May of 2007, the Committee reviewed the key policy recommendation in Priorities, Examining the 2005 Renton Municipal Airport Development Study adopted by the City Alternatives Council in June 2005. The Committee has made a number of revisions in the development policies and recommended their formal adoption by Council. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Vice Chair Clawson presented a report Committee recommending concurrence in the staff recommendation to approve the tree Planning: City Code Amends retention and removal ordinance. The Committee further recommended that the re Tree Retention ordinance be prepared for first reading. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE PORT. CARRIED. RESOLUTIONS AND rhe following resolutions were presented for reading and adoption: ORDINANCES rITMVE BY PLANNING AND DEVELOPMENT COMMITTEE Ci7VCo UN iL COMMITTEE REPORT Date June 11, 2007 Tree Retention and Removal Ordinance Referred February 5, 2007) The Planning and Development Committee recommends concurrence in the staff recommendation to approve the Tree Retention and Removal Ordinance. The Committee further recommends that the ordinance be prepared for first reading. - Nab ih a44CAdance, Terri Briere, Chair Dan Claws —on, Vice Chair Marcie Palmer, Member cc: Alex Pietsch Terry Higashiyama Rebecca Lind Terry Flatley REcEivEd DUL 31 2006 ti`SY O PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT REWON GTy. C;ot'vcii \NT�� M E M O R A N D U M C17Y OF RENTON DATE: July 28, 2006 AUG 0 2 7006 �� TO: Kathy Keolker, Mayor QIIY 'S OFFICE CC: Renton City Councilmembers Gregg Zimmerman, PBPW Administrator Alex Pietsch, EDNSP Administrator FROM: Neil Watts, Development Services Director �rt_46) SUBJECT: Tree Retention Requirements A recent e-mail from a member of the CARE group raised questions about Renton's tree retention requirements for new developments. The city has existing code authority to require tree retention for new development projects, and a recent director's ruling clarified for project planners how this code authority is to be applied to specific project proposals. These policies have been applied to all land use applications reviewed since March 9, 2006. Earlier this year, public hearings were held with the Planning Commission to discuss possible code amendments for more specific code language for tree retention. The administration recognized at the time that a more comprehensive approach including street tree policies, clearer landscaping standards, landscape maintenance requirements, and tree retention standards was desirable. It was decided to proceed immediately with implementation of the tree retention standards discussed in the public hearings through a director's determination. It was also decided to postpone further code amendments until staff had time to develop a thorough comprehensive proposal for all related development landscaping issues. This work project is currently docketed, pending available staff resources, to complete a comprehensive code amendment proposal. Under our existing city code, city staff has the authority to condition development proposals such as preliminary plats to retain existing trees. This authority is in RMC 4-4- 130, Tree Cutting and Land Clearing Regulations (copy attached). The performance standards, including tree retention guidelines, are listed in section H of these regulations. The code performance standards do not include specific numerical requirements for how city staff is to apply the tree retention authority to individual projects. To provide consistency with application of tree retention requirements to all development projects, a director's interpretation was prepared and signed by the Development Services Director on March 6, 2006 (copy attached). The interpretation established the policy of retaining Tree Retention RequirentWO Page 2 of 2 July 28, 2006 at least 25% of existing trees on a proposed development site. This policy has been applied to all land use projects since that date. The Development Services Division has also been carefully reviewing all new preliminary plat proposals to ensure that street frontages and storm water facilities are appropriately landscaped. Many of these projects are now under construction, and results of this increased emphasis on quality landscaping treatment for new subdivisions will be evident in the near future. Additionally, requirements for tree plantings for new single family houses are also being applied to all new house construction, which will improve the appearances of our new additions to the community. attachments ..O CITY OF RENTON DEVELOPMENT SERVICES DIVISION INTERPRETATION/POLICY DECISION MUNICIPAL CODE SECTION: RMC Section 44-130H4 and 7 Performance Standards for Land Development/Building Permits — Tree Preservation; Tree/Ground Cover Retention. REFERENCE: NA AUTHORITY: RMC 4-4-130112 SUBJECT: Tree retention and replacement for new development BACKGROUND/ JUSTIFICATION: The regulations concerning tree and groundcover protection and retention, RMC 4-4-130114 and 7b, require that trees on lots being developed be maintained to the maximum extent feasible. They allow the City to require the replacement of trees, or similar measures, that would implement the intent of the regulations. In light of proposed amendments to the Tree Cutting and Land Clearing regulations, this ability to place additional requirements on projects is being invoked as an interim measure toward more stringently meeting the purpose of the regulations. DECISION: The following tree retention and replacement requirements apply to projects that are subject to land use approval or environmental review: 1. Tree inventory. In addition to the requirements of the conceptual landscape plan, also identify clearly on the plan all trees on the site with a diameter of 6 inches or more as measured at chest height, 4.5 feet above the ground. Indicate the diameter and type of each tree. Mark clearly which trees will be retained and which trees will be removed. 2. Tree retention. 25% of all "protected trees" on the site must be retained. Protected trees are trees with a diameter of 8 inches or more as measured at 4.5 feet above the ground, or trees that possess unique or unusual features as determined by the Reviewing Official. Trees not to be considered protected include: All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus temuloides), Lombardy poplar (Populus nigra 'Italica'), etc.; All Alnus species which include Red alder (Alnus oregona), Black alder (Alnus glutinosa), White alder (Alnus rhombifolia), etc.; Salix species which include Weeping willow (Salix babylonica), etc; All Platanus species which include London plane tree (Platanus acerifolia), American sycamore, buttonwood (Plananus occidentalis), etc.. On sites with critical areas, the tree retention measures should be addressed only for areas not already protected with a Native Growth Protection Easement. 3. Tree protection. Protected trees that are retained must be protected from damage throughout all phases of site development, including site preparation, construction of improvements, and building construction. It is the responsibility of the owner to instate measures to assure that the health and viability of the trees ``W Ivo is sustained. Such measures might include, but are not limited to, installing fencing and signage around protected trees. 4. Tree replacement. When the required 25% of protected trees cannot be retained, then the protected trees that are removed must be replaced with new trees at a ratio of 1 to 1. The new trees must be 2 inches or more in caliper. The diameter and species of each retained protected tree and required new tree must be shown on the detailed landscape plan and submitted at the time of application for building permits. The new trees must be planted before a certificate of occupancy is issued or a final inspection of the building conducted. DIVISION HEAD APPROVAL: ve'v DATE: biav t1 6� 7_006 APPEAL PROCESS: To appeal this determination, a written appeal --accompanied by the required $75.00 filing fee --must be filed with the City's Hearing Examiner (1055 South Grady Way, Renton, WA 98055, 425430-6515) 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. 4-4-110E Y..►r E. VARIANCES: In the case of hardships affecting the subject property, variances to these bulk standards may be granted by the Hearing Examiner subject to the conditions of RMC 4-9-25065. (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977) 4-4-120 STORAGE LOTS - OUTSIDE: A. SCREENING REQUIRED: Outside storage lots shall be effectively screened by a combination of landscaping and fencing along the perimeter. 1. Landscaping: A minimum of ten feet (10') landscaped strip is required between the property lines along public rights -of -way and the fence. The landscaping shall be of size and variety so as to provide an eighty percent (80%) opaque screen. 2. Fencing: The entire perimeter must be fenced by a minimum of an eight foot (8') high sight -obscuring fence. Gates may be left un- screened for security purposes. B. SURFACING: Storage areas may be surfaced with crushed rock or similar material subject to the approval of the De- velopment Services Division to minimize dust, con- trol surface drainage and provide suitable access. (Ord. 3653, 8-23-1982; Ord. 5100, 11-1-2004) 4-4-130 TREE CUTTING AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees and associated significant vegetation. The purposes of these regulations are to: 1. Preserve and enhance the City's physical and aesthetic character by minimizing indis- criminate removal or destruction of trees and ground cover; 2. Implement and further the goals and pol- icies of the City's Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, wa- tersheds, and economics; 3. Promote building and site planning prac- tices that are consistent with the City's natural topographical and vegetative features while at the same time recognizing that certain fac- tors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and pro- posed structures and improvements, interfer- ence with utility services, protection of scenic views, and the realization of a reasonable en- joyment of property may require the removal of certain trees and ground cover; 4. Ensure prompt development, restoration and replanting, and effective erosion control of property during and after land clearing; 5. Promote land development practices that result in minimal adverse disturbance to exist- ing vegetation and soils within the City; 6. Minimize surface water and groundwater runoff and diversion, and aid in the stabiliza- tion of soil, and to minimize erosion and sed- imentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils; 7. Retain clusters of trees for the abatement of noise and for wind protection; and 8. Recognize that trees and ground cover reduce air pollution by producing pure oxy- gen from carbon dioxide. (Ord. 5137, 4-25-2005) B. APPLICABILITY. The regulations of this Section apply to any devel- oped, partially developed or undeveloped prop- erty where land development or routine vegeta- tion management activities are undertaken. (Ord. 5137, 4-25-2005) C. ALLOWABLE TREE CUTTING ACTIVITIES: Tree cutting and associated use of mechanical equipment is permitted as follows, except as pro- vided in subsection D2 of this Section, Restric- tions for Critical Areas, and in RMC 4-3-110E5b, Urban Separator Overlay Regulations. 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situa- tions involving immediate danger to life or property, substantial fire hazards, or interrup- tion of services provided by a utility. (Revised 6105) 4 - 84 4-4-130C 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, dam- aged, or dangerous ground cover or trees which have been certified as such by a for- ester, registered landscape architect, or certi- fied arborist, selection of whom to be approved by the City based on the type of in- formation required, or the removal of which is approved by the City. 3. Maintenance Activities/Essential Tree Removal — Public or Private Utilities, Roads and Public Parks: Maintenance ac- tivities including routine vegetation manage- ment and essential tree removal for public and private utilities, road rights -of -way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmen- tal Policy Act and RMC 4-9-070, Environmen- tal Review Procedures. 5. Existing and Ongoing Agricultural Ac- tivities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: Clearing or cutting of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected, in which case see subsections C12 and C13 of this Section. 8. Site Investigative Work: Site investiga- tive work necessary for land use application submittals such as surveys, soil logs, perco- lation tests, and other related activities includ- ing the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the fol- lowing requirements: a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D2 of this Section, Restric- tions for Critical Areas, on the subject property. In every case impacts shall be minimized and disturbed areas restored. b. In every location where site investi- gative work is conducted, disturbed ar- eas shall be minimized, and immediately restored. c. A notice shall be posted on the site by the property owner or owner's agent indicating that site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection D2 of this Sec- tion, Restrictions for Critical Areas. d. No site investigative work shall com- mence without first notifying the Director or his or her designee in advance. 9. Allowable Minor Tree Cutting Activi- ties: Tree cutting and associated use of me- chanical equipment is permitted as follows, except as provided in subsection D2 of this Section, Restrictions for Critical Areas: a. On a developed lot or on a partially developed lot less than one-half (1/2) of an acre, any number of trees may be re- moved; b. On a partially developed lot greater than one-half (1/2) of an acre or on an un- developed lot; provided, that: i. No more than three (3) trees are removed in any twelve (12) month period from a property under thirty five thousand (35,000) square feet in size; and ii. No more than six (6) trees are re- moved in any twelve (12) month pe- riod from a property thirty five thousand (35,000) square feet and greater in size. LOTTYPES r• i -T ARTIALLY DEVELOPED UNDEVELOPED 1 4 - 85 (Revised 6/05) 4-4-130D 140W iii. Rights -of -Way Unobstructed: In conducting minor tree cutting ac- tivities, rights -of -way shall not be ob- structed. 10. Landscaping or Gardening Permit- ted: Land clearing in conformance with the provisions of subsection C9 of this Section, Allowable Minor Tree Cutting Activities, and subsection D2, Restrictions for Critical Areas, is permitted on a developed lot for purposes of landscaping or gardening. Land clearing in conformance with the provisions of subsec- tion C9, Allowable Minor Tree Cutting Activi- ties, and subsection D2 of this Section, Restrictions for Critical Areas, is permitted on a partially developed or undeveloped lot for purposes of landscaping or gardening; pro- vided, that no mechanical equipment is used. 11. Operational Mining/Quarrying: Land clearing and tree cutting associated with pre- viously approved, operational mining and quarrying activities. 12. Modification of Existing Utilities and Streets (not otherwise exempted by RMC 4-3-05007) by Ten Percent (10%) or Less: See RMC 4-3-050C for conditions. 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right -of -Way or Easements: Within existing improved public road rights -of -way or ease- ments, installation, construction, replace- ment, operation, overbuilding, or alteration of all natural gas, cable, communication, tele- phone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing im- proved area or the public right-of-way, this ex- emption does not apply. Where applicable, restoration of disturbed areas shall be com- pleted. (Ord. 4851, 8-27-2000; Ord. 5132, 4-4-2005; Ord. 5137, 4-25-2005) D. PROHIBITED ACTIVITIES: ment unless "6' !FpmeFpiir�mitfor� the site has been approved by the City. 2. Restrictions for Critical Areas — Gen- eral: Unless exempted by critical areas, RMC 4-3-05005 or Shoreline Master Program reg- ulations, RMC 4-3-090, no tree cutting, or land clearing, or groundcover management is permitted: a. On portions of property with pro- tected critical habitats, per RMC 4-3-050K; streams and lakes, per RMC 4-3-050L; Shorelines of the State, per RMC 4-3-090, Renton Shoreline Master Program Regulations; and wetlands, per RMC 4-3-050M; and their associated buffers; b. On protected slopes except as al- lowed in this Section or in the Critical Ar- eas Regulation, RMC 4-3-050; or c. Areas classified as very high land- slide hazards, except as allowed in this Section or in the Critical Areas Regula- tions, RMC 4-3-050. Buffer requirements shall be consistent with the critical area regulations. Tree cutting or land clearing shall be consistent with estab- lished native growth protection area require- ments of RMC 4-3-050E4. 3. Restrictions for Native Growth Protec- tion Areas: Tree cutting or land clearing shall be consistent with established native growth protection area requirements of RMC 4-3-050E4. (Ord. 5137, 4-25-2005) E. AUTHORITY AND INTERPRETATION: The City's Development Services Division Direc- tor, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. (Ord. 5137, 4-25-2005) F. PERMITS REQUIRED: 1. Land Development Permit: An ap- proved land development permit is required in order to conduct tree cutting or land clear- ing on any site for the sake of preparing that site for future development. 2. Permit Required for Routine Vegeta- tion Management on Undeveloped Prop- erties: Any person who performs routine vegetation management on undeveloped (Revised 6/05) 4 - 86 4-4-T30H property in the City must obtain a routine veg- etation management permit prior to perform- ing such work. 3. Permit Required to Use Mechanical Equipment: Except where use of mechani- cal equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree cutting, landscaping, or garden- ing on developed, partially developed or un- developed property must obtain a routine vegetation management permit prior to per- forming such work. 4. Timber Stand Maintenance — Condi- tional Use Permit Required: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing maintenance and thinning beyond the limits allowed in subsections sub- section C9 of this Section, Allowable Minor Tree Cutting Activities, shall be considered as a conditional use permit by the Hearing Ex- aminer according to the following criteria in lieu of standard conditional use permit crite- ria: a. Appropriate approvals have been sought and obtained with the State De- partment of Natural Resources; and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections H2, Applicability, Perfor- mance Standards and Alternates, and H3, General Review Criteria, of this Sec- tion; and d. Thinning activities shall be limited to less than forty percent (40%) of the vol- ume and trees. 5. Tree Cutting — Solar Access or Pas- ture Land: A routine vegetation manage- ment permit is required for tree cutting in greater amounts than specified under par- tially exempt actions in subsection C9 of this Section, Allowable Minor Tree Cutting Activi- *40 ties, for �ny property where tree cutting is proposed without an associated land devel- opment permit. A routine vegetation manage- ment permit may be issued allowing tree cutting only in the following cases: a. For purposes of allowing solar ac- cess to existing structures; or b. To create pasture land where agricul- tural activities are permitted uses in the zone. Any tree cutting activities shall be the mini- mum necessary to accomplish the purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas. (Ord. 5137, 4-25-2005) Cz ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Rou- tine Vegetation Management Permits. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: 1. Plan Required: When a development permit is submitted to the City it shall be ac- companied by a tree cutting and land clearing plan. Where it is not practicable to retain all trees on site due to a proposed development, the plan shall identify those trees which are proposed for removal. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan. Trees shall be shown on the plan as follows: a. For allowed activities, including al- lowed exemptions, modifications, and variances, show all trees proposed to be cut in priority tree retention areas: slopes twenty five percent (25%) to thirty nine percent (39%), high or very high land- slide areas, and high erosion hazard ar- eas. b. Show trees to be cut in protected crit- ical areas: wetlands, Shorelines of the State, streams and lakes, floodways, 4 - 87 (Revised 6/05) 4-4-130H floodplain slopes forty percent (40%) or greater, very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical areas regula- tions in RMC 4-3-05005, Specific Ex- emptions. c. Show all trees to be retained in criti- cal area buffers. d. Show trees proposed to be cut within required zoning setbacks along perime- ter of development. e. In all other areas of the site, trees to be cut may be indicated generally with clearing limit lines. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) 2. Applicability, Performance Standards and Alternates: All land clearing and tree cutting activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved soil engineering, engineering geol- ogy, hydrology or forest management plan and where the alternate procedures will be equal to or superior in achieving the policies of this Section. All land clearing and tree cut- ting activities may be conditioned to ensure that the standards, criteria, and purpose of this Section are met. 3. General Review Criteria: All land clear- ing and tree cutting activities shall meet the following criteria: a. The land clearing and tree cutting will not create or significantly contribute to landslides, accelerated soil creep, settle- ment and subsidence or hazards associ- ated with strong ground motion and soil liquefaction. b. The land clearing and tree cutting will not create or significantly contribute to flooding, erosion, or increased turbidity, siltation or other form of pollution in a wa- tercourse. c. Land clearing and tree cutting will be conducted to maintain or provide visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback pro- visions of the Renton Municipal Code. d. Land clearing and tree cutting shall be conducted so as to expose the small- est practical area of soil to erosion for the least possible time, consistent with an approved build -out schedule and includ- ing any necessary erosion control mea- sures. e. Land clearing and tree cutting shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas, and RMC 4-3-050, Critical Areas Regula- tions. 4. Tree Preservation: Trees shall be main- tained to the maximum extent feasible on the property where they are growing. a. Ability to Condition Plan: The City may require a modification of the land clearing and tree cutting plan or the asso- ciated land development plan to ensure the retention of the maximum number of trees. b. Clearing — Conditions of Ap- proval: The Department Administrator or designee may condition a proposal to re- strict clearing outside of building sites, rights -of -way, utility lines and easements, to require sequencing and phasing of construction, or other measures, consis- tent with the permitted density and inten- sity of the zone. 5. Timing: The City may restrict the timing of the land clearing and tree cutting activities to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protec- tion of the environment. 6. Restrictions for Critical Areas: See subsection D2 of this Section, Restrictions for Critical Areas — General, and RMC 4-3-050, Critical Areas Regulations. 7. Tree/Ground Cover Retention: The fol- lowing measures may be used by the Depart- ment Administrator or designee in condition- ing a land development permit or building permit proposal per subsection H4 of this Section, Tree Preservation; to comply with the general review criteria of subsection H3. (Revised 6/05) 4 - 88 4-4-130H a. Trees shall be maintained to the 8. Protection Measures During Con - maximum extent feasible on the property struction: where they are growing. a. Tree Protection Measures: Protec- b. The City may require and/or allow tion measures in subsections H8b(i) the applicant to relocate or replace trees, through H8b(vi) of this Section shall ap- provide interim erosion control, hydro- ply for all trees which are to be retained in seed exposed soils, or other similar con- areas immediately subject to construc- ditions which would implement the intent tion. These requirements may be waived of this Section. pursuant to RMC 4-9-250D, Modification Procedures, individually or severally by c. Priority shall be given to retention of the City if the developer demonstrates trees on sensitive slopes and on lands them to be inapplicable to the specific un- classified as having high or very high site conditions or if the intent of the regu- landslide hazards, or high erosion haz- lations will be implemented by another ards as classified in the critical areas reg- means with the same result. ulations. b. Drip Line: All of the following tree d. Where feasible, trees that shelter in- protection measures shall apply: terior trees or trees on abutting properties from strong winds that could otherwise i. The applicant may not fill, exca- cause them to blow down should be re- vate, stack or store any equipment, tained. or compact the earth in any way within the area defined by the drip e. Except in critical areas unless en- line of any tree to be retained. hancement activities are being per- formed, the removal of trees on the fol- ii. The applicant shall erect and - lowing list should be allowed in order to maintain rope barriers, temporary avoid invasive root systems, weak wood construction fencing, or place bales prone to breakage, or varieties which of hay on the drip line to protect tend to harbor insect pests: roots. In addition, the applicant shall provide supervision whenever equip- i. All Populus species including cot- ment or trucks are moving near trees. tonwood (Populus trichocarpa), quaking aspen (Populus tremu- iii. If the grade level adjoining to a loides), lombardy poplar (Populus ni- tree to be retained is to be raised, the gra "Italica"), etc. applicant shall construct a dry rock wall or rock well around the tree. The ii. All Alnus species which includes diameter of this wall or well must be red alder (Alnus oregona), black al- equal to the tree's drip line. der (Alnus glutinosa), white alder (Al- nus rhombifolia), etc. iv. The applicant may not install im- pervious surface material within the iii. Salix species which includes area defined by the drip line of any weeping willow (Salix babylonica), tree to be retained. etc., unless along a stream bank and away from paved areas. v. The grade level around any tree to be retained may not be lowered iv. All Platanus species which in- within the greater of the following ar- clude London plane tree (Platanus eas: (1) the area defined by the drip acerifolia), American sycamore, but- line of the tree, or (2) an area around tonwood (Platanus occidentalis), etc. the tree equal to one foot in diameter for each one inch of tree caliper. °°-- vi. The applicant shall retain a qual- ified professional to prune branches 4 - 89 (Revised 3/06) 4-4-1401 and roots, fertilize, and water as ap- propriate for any trees and ground cover which are to be retained. (Ord. 5137, 4-25-2005) 1. VARIANCE PROCEDURES: The Hearing Examiner shall have the authority to grant variances from the provisions of this Sec- tion pursuant to RMC 4-8-070H and RMC 4-9-250. (Ord. 5137, 4-25-2005) J. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, dam- aged or destroyed will constitute a separate violation, and the monetary penalty for each violated tree shall be no less than the mini- mum penalty, and no greater than the maxi- mum penalty of RMC 1-3-2E. 2. Additional Liability for Damage: In ad- dition, any person who violates any provision of this Section or of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3. Restoration Required: The City may re- quire replacement of all improperly removed ground cover with species similar to those which were removed or other approved spe- cies such that the biological and habitat val- ues will be replaced. Restoration shall include installation and maintenance of in- terim and emergency erosion control mea- sures that shall be required as determined by the City. 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed, replacement planting of a tree of equal size, quality and species or up to three (3) trees of the same species in the im- mediate vicinity of the tree(s) that was re- moved. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s) or a minimum of three inches (3") in caliper. 5. Stop Work: For any parcel on which trees and/or ground cover are improperly re- moved and subject to penalties under this Section, the City shall stop work on any exist- ing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Sec- tion and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005) 4-4-140 WIRELESS COMMUNICATION FACILITIES: A. PURPOSE: The purpose of this Section is to establish general guidelines for the siting of wireless communica- tions facilities, including towers and antennas. B. GOALS: The goals of this Section are to: 1. Encourage the location of towers in non- residential areas and minimize the total num- ber of towers throughout the community; 2. Encourage strongly the joint use of new and existing tower sites; 3. Encourage users of towers and antennas to locate them, to the extent possible, in ar- eas where the adverse impact on the commu- nity is minimal; 4. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and an- tennas; and 5. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. C. EXEMPTION FOR AMATEUR RADIO, RECEIVE ONLY ANTENNAS: This Section shall not govern any tower, or instal- lation of any antenna, that is under seventy (70) feet in height and is owned and operated by a fed- erally licensed amateur radio station operator or is used exclusively for receive only antennas. D. ADMINISTERING AND ENFORCING AUTHORITY - The Planning/Building/Public Works Administra- tor and/or his/her designated representative are t, (Revised 3/06) 4 - 90 4-7-120A NNW 4-7-120 COMPATIBILITY WITH EXISTING LAND USE AND PLAN - GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. CONTINUITY WITH IMPROVED ADDITIONS: No plan for the replatting, subdivision, or dedica- tion of any areas shall be approved by the City Council unless the streets shown therein are con- nected by surfaced road or street (according to City specifications) to an existing street or high- way. B. CONFORMITY WITH EXISTING PLANS: The location of all streets shall conform to any adopted plans for streets in the City. C. TRAILS PLANS: If a subdivision is located in the area of an offi- cially designed trail, provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. 4-7-130 ENVIRONMENTAL CONSIDERATION - GENERAL REQUIREMENTS AND MINIMUM STANDARDS: A. PURPOSE: It is the purpose of this Section to provide for the protection of valuable, irreplaceable environmen- tal amenities and to make urban development as compatible as possible with the ecological bal- ance of the area. Goals are to preserve drainage patterns, protect groundwater supply, prevent erosion and to preserve trees and natural vegeta- tion. This is beneficial to the City in lessening the costs of the development to the City as a whole, and to the subdivider in creating an attractive and healthy environment. B. ACTION NOT A TAKING: No action taken herein shall constitute a taking under the laws or constitution of the State or Fed- eral government. Q.+IVIRONMEML -CON RA7"ONS- A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivi- sion includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock for- mations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/inundation: If any portion of the land within the boundary of a pre- liminary plat is subject to flooding or inun- dation, that portion of the subdivision must have the approval of the State ac- cording to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would re- sult in the creation of a lot or lots that pri- marily have slopes forty percent (40%) or greater as measured per RMC 4-3-05OJ1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 2. Native Growth Protection Area Ease- ment and Minimum Lot Size: Native growth protection area easements may be included in the minimum lot size of lots created through the subdivision process; provided, that the area of the lot outside of the ease- ment is sufficient to allow for adequate build- able area and yards. (Ord. 4835, 3-27-2000) Trees: Reasonable effort shall be made _preserve existing trees. (Amd. Ord. 4835, 7-2000) 4. Streams: a. Preservation: Every reasonable ef- fort shall be made to preserve existing streams, bodies of water, and wetland ar- eas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodol- ogies used should include an overflow (Revised 6/05) 7 - 12 May 7, 2007 %W Renton City Council Minutes -mor Page 161 NEW BUSINESS MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL REFER THE Airport: Customs Facility, FOLLOWING TWO ITEMS TO THE AIRPORT ADVISORY COMMITTEE: Design & Development AIRPORT CUSTOMS FACILITY INFORMATION AND Standards RECOMMENDATION BACK TO COUNCIL; AND DESIGN AND DEVELOPMENT STANDARDS ON THE AIRPORT. CARRIED. Planning: City Code Amends Councilmember Persson asked that the topic of keeping chickens be included in re R-4 Zone & Tree Retention the discussion concerning animal regulations currently in the Planning and & Animal Regulations Development Committee. Development Services: Councilmember Persson noted that homes are to be built on the 700 block of Construction of Homes on Cedar Ave. S., and because of the large trucks and the narrowness of the street, Cedar Ave S he requested that a pre -construction meeting be held with the contractor to discuss construction etiquette. Police: Off -Leash Dogs at Council President Nelson relayed citizen concerns regarding off -leash dogs at Philip Arnold Park Philip Arnold Park, and suggested increased enforcement and signage. Mayor Keolker stated that the matter will be investigated. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 8:17 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann May 7, 2007 on RENTON CITY COUNCIL Regular Meeting March 12, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; DENIS LAW; TERR1 BRIERE; MARCI COUNCILMEMBERS PALMER; DON PERSSON; RANDY CORMAN. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER DAN CLAWSON. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; Economic Development Director; REBECCA LIND, Planning Manager; DON ERICKSON, Senior Planner; MARTY WINE, Assistant CAO; MICHAEL BAILEY, Finance and Information Services Administrator; TERRY HIGASHIYAMA, Community Services Administrator; CHIEF I. DAVID DANIELS and DEPUTY CHIEF LARRY RUDE, Fire Department, CHIEF KEVIN MILOSEVICH and COMMANDER KENT CURRY, Police Department. SPECIAL PRESENTATION Finance: 2005 CAFR Award PUBLIC HEARINGS Planning: City Code Amends re R-4 Zone & Tree Retention & Animal Regulations Finance and Information Services Administrator Bailey announced that the City of Renton has once again won an award for its Comprehensive Annual Financial Report from the Government Finance Officers Association. He explained that the association has a peer review program that reviews both the financial reports and the budgets. Mr. Bailey noted that in addition to being recognized for meeting the association's criteria, the peer review program also provides the City with comments and suggestions on how to more effectively communicate the fiscal integrity of the City to citizens. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker reopened the public hearing continued from 2/26/2007 to consider City Code amendments pertaining to: R-4 (four dwelling units per acre) zone development clustering; R-1, R-4, and R-8 zone design standards; tree retention; and animal regulations. Economic Development Administrator Pietsch stated that the proposed amendments originated through the work of the East Renton Plateau Citizen Task Force, which was formed to discuss potential zoning for the East Renton Plateau Potential Annexation Area, and can be put to use within the existing City limits. Planner Manager Lind explained that currently, small lot cluster development is only allowed in the R-4 zone when within 600 feet of the R-8 zone. The proposed amendment allows clustering throughout the R-4 zone, which provides incentive for open space and helps achieve maximum density in the zone. Turning to residential design standards, Ms. Lind reported that currently, design features are required only in cluster developments, and vertical facade modulation is required only in the R-4 zone. The proposal requires design features and a vertical facade modulation throughout the R-1, R-4, and R-8 zones. She noted that the three required architectural features are decorative hipped or gabled roofs, trim on windows and doors, and projecting eaves. March 12, 2007 Renton City Council Minutes _., PaRe 83 Continuing with the tree retention and tree replacement regulations, Ms. Lind indicated that the proposal addresses strengthening the regulations and is part of an ongoing work program to maintain and improve Renton's tree canopy. She noted that established neighborhoods and developing neighborhoods (or infill neighborhoods) may have different priorities in tree retention. Regarding tree removal, Ms. Lind reported that the proposed changes: eliminate the standard based on intensity of development, allow removal of three trees on any lot 35,000 square feet or less, and allow removal of six trees on a lot larger than 35,000 square feet. Regarding tree retention, Ms. Lind reviewed the proposed changes such as requiring 30 percent retention, or a minimum of 25 trees per acre, in the RC, R- I, R-4, and R-8 zones. In more intense residential zones, 10 percent retention, or a minimum of ten trees per acre is required. Turning to animal regulations, Ms. Lind pointed out that the proposal addresses large animal regulations and that an additional work program currently exists for small and medium animals. She explained that the proposal allows property owners with at least one acre to keep two large animals. Additionally, the process is simplified to apply for more animals, and non -conforming uses are allowed to continue. Ms. Lind further explained that the permitting of the keeping of a greater number of animals than allowable will be decided administratively, and the keeping of animals that are a non -conforming use is transferable with the sale of the property and replacement is allowed. Ms. Lind reported that the proposed amendments are still being reviewed by the Planning Commission. The matter will then go before the Planning and Development Committee, who will forward a final recommendation to Council. In response to Council inquiries, Ms. Lind said the proposal provides that all removed trees must be replaced; however, they can be replaced in a different configuration. In regard to affordable housing and the potential cost increases due to the regulations, she indicated that input from a broader group of builders will be sought as part of this review process. Ms. Lind confirmed that under current regulations, if a property owner owns two large animals on a 4,000 square foot lot, the animals would be non -conforming and could not be replaced. She also confirmed that under the proposed regulations, the animals would be non -conforming but the animal entitlement would run with the land. Public comment was invited. Garrett Huffman, South King County Manager of the Master Builders Association of King and Snohomish Counties, 335 116th Ave. SE, Bellevue, 98004, expressed his approval of the clustering regulations, and his concerns regarding the tree retention and design regulations and their negative affect on the affordability of housing. He noted that it is becoming more and more difficult for people to afford houses in this general region. Mr. Huffman indicated that members of the Master Builders Association would welcome the opportunity to discuss the proposed amendments with the City. Additionally, he suggested the use of incentives to encourage added amenities to development projects. Ronda Bryant, East Renton Plateau Citizen Task Force Member, 6220 SE 2nd P1., Renton, 98059, pointed out the uniqueness of the East Renton Plateau area, saying that residents want to retain the flavor of their neighborhood and their quality of life. She pointed out that unlike other areas that have already been built out, the East Renton Plateau still has two- to five -acre parcels with lots of March 12, 2007 Renton City Council Minutes Page 84 Annexation: Benson Hill Communities, S 200th St & 128th Ave SE trees and large animals. Ms. Bryant expressed support for having the animal ownership entitlement run with the land, and she thanked staff for all of their hard work with the task force. There being no further public comment, it was MOVED BY NELSON, SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker opened the public hearing to consider the 10% Notice of Intent petition calling for an election on annexation of 2,428 acres located to the south and west of the Renton City limits, in the vicinity of S. 200th St. and 128th Ave. SE (Benson Hill Communities). Senior Planner Erickson reported that the 4.2-square-mile site has an estimated population of 16,100, approximately 93 acres of parks, 45 linear miles of road, and approximately 7,854 dwellings and 430,000 square feet of retail space. He stated that public services are currently provided by Fire District #40, Soos Creek Water and Sewer District, and the Renton (98%) and Kent (2%) school districts. The services would remain the same upon annexation with the exception of the fire service, which would change to the City of Renton. Mr. Erickson reviewed Renton's Comprehensive Plan land use designations for the site, and he reviewed how the proposal is consistent with relevant City annexation policies. Mr. Erickson pointed out that although not the designated sewer and water service provider, Renton will provide a full array of high quality urban municipal services to the area, including police, fire, recreation, street maintenance, land use and transportation planning, permitting, and accessible government. He also pointed out that the proposed annexation is in compliance with Boundary Review Board objectives. For the fiscal analysis, Mr. Erickson used information from the 2005 Berk and Associates annexation study. The estimated net operating cost to the City in 2005 dollars is approximately $681,000, including responsibility for Fire District #40's Fire Station #42, but excluding the site's Renton Pool. He noted that the preliminary costs are currently under review, and City departments are also reviewing the transitional costs the City will incur upon annexation for items such as equipment purchases. Continuing, Mr. Erickson noted that because of the area's size and the State Legislature's adoption of SSB 6686 in 2006, Renton qualifies for a 0.1% sales and use tax rebate that could be used to cover the discrepancy between revenues and operating costs for the first ten years. To qualify under SSB 6686, the City has to effectuate the annexation before 1/1/2010. He explained that major efficiencies exist by bringing in the area at one time rather than through multiple smaller annexations. These efficiencies include economy of scale from allowing Renton policy to drive growth rather than King County policy, and economic development initiatives focused on Cascade commercial areas. Mr. Erickson indicated that since the annexation petition was certified on January 23, the deadline for Council action on this matter is March 24. He stated that if Council adopts the resolution authorizing an election, staff recommends not placing the issues of future zoning and assumption of a proportionate share of Renton's outstanding indebtedness on the ballot. Mr. Erickson noted that the City's voter approved outstanding indebtedness is small and near retirement. ... CITY CODE AMENDMENTS PUBLIC HEARING COUNCIL CONSIDERATION OF PROPOSED CHANGES TO TREE RETENTION REGULATIONS, RESIDENTIAL-4 (R-4) DEVELOPMENT REGULATIONS, DESIGN REGULATIONS, AND ANIMAL REGULATIONS March 12, 2007 TREE RETENTION The proposed changes are intended to strengthen the regulations for tree retention in residential zones. Current regulations allow the removal of trees on existing lots based on both the size of the lot and whether the lot is developed, partially developed, or undeveloped. The proposed regulations would simplify this requirement and base it only on lot size. Tree retention requirements would also be implemented, so that in the RC, R-1, R-4 and R-8 zones 30% of the trees (or a minimum of 25 trees) in the net developable area of the site would be retained. In more intense residential zones, 10% of the trees or 10 trees per acre would be retained. If trees could not be retained, they would need to be replaced at a rate of 12 caliper -inches of trees (e.g. six two-inch trees) for each tree required to be retained. There would also be provision that would allow the City to bring in a third party, at the applicant's expense, to review tree retention or replacement plans. Proposed changes in the tree retention regulations would require additional tree protection measures for retained trees during grading and construction. Changes primarily affect RMC 4-4-130 Tree Cutting and Land Clearing Regulations, but to ensure consistency, proposed changes to RMC 4-4-070 Landscaping, RMC 4-7-130 Environmental Consideration (for subdivisions), RMC 4-8-120 Submittal Requirements, RMC 4-9-195 Routine Vegetation Management Permits and RMC 4-11-210 Definitions are also included. RESIDENTIAL-4 (R-4) ZONE DEVELOPMENT REGULATIONS CHANGES Changes include deletion of the text that states that small lot cluster development is only permissible in the Residential Four Dwelling Units per acre zone when within 600 feet of the Residential Eight Dwelling Units per acres zone. Small Lot Cluster development will be allowed throughout the Residential Four Dwelling units per acre zoning designation. DESIGN REGULATIONS Amendment includes addition of text that requires vertical facade modulation, as required in the Residential Four Dwelling Units per acre zone, to both the Residential One Dwelling Unit per acre zone and the Residential Eight Dwelling Units per zone. Also, addition of text requiring architectural features, as required in Small Lot Cluster development, to the residential zones: Residential One Dwelling Unit per acre, Residential Four Dwelling Units per acre, and the Residential Eight Dwelling Units per acre. These architectural features include decorative hip or gable roofs, trim on windows and doors, and projecting eaves. ANIMAL REGULATIONS CHANGES Change to the text that allows a maximum of one large animal per acre to allow a maximum of two large animals per acre in residential zones: Resource Conservation, Residential One Dwelling Unit per acre, and Residential Four Dwelling Units per acre. Also includes a change in the permitting of conditional uses for greater than the allowable number of animals from the hearing examiner to an administrative decision. Also, deletion of the animal replacement and transferability clauses in the nonconforming uses section that would allow the use of large animals to run with the land. Council Hearing Handout 3-12-07.doc R-4 Zone Clustering, Design Standards in R-1, R-4 and R-8 Zones, Tree Retention, and Large Animals Public Hearing March 12, 2007 Renton City Council 1 Issue One: R-4 Zone Clustering ♦R-4 zone mapped in Kennydale and East Plateau ♦Clustering now only allowed within 600 feet of R-8 zone ♦Proposal is to allow throughout the zone ♦Creates more flexibility -Incentive for open space -Helps achieve maximum density in the zone -No density bonus Change to R-4 Cluster Standards Current Code Proposed Code -Small lot cluster development -Small lot cluster development is only allowed in R-4 when is allowed throughout the within 600 ft of R-8 zone R-4 zone -To do cluster: -To do cluster (NO CHANGE): - Must set aside 30% of land - Must set aside 30% of land permanently, permanently, - can be reduced to 20% if: - can be reduced to 20% if: - Provide public access to - Provide public access to open space open space - Soft surface trails are - Soft surface trails are provide in wetland areas provide in wetland areas; - Storm water ponds allow - Storm water ponds allot€ passive/active use passive/actives", , 7 3 Issue Two: Residential Design Standards ♦Recommendation originated with the East Renton Task Force ♦Implement Community Design policies adopted in 2004 -Proposal to expand existing requirements ♦More extensive work program addressing larger "quality of development" issues -Part of annual docket -End of Year S Standards — 3 Minimum Architectural Features and One Fagade Standard Current Code ■ Design features are required only in cluster developments ■ Vertical fagade modulation required only in R-4 zone Proposed Code ■ Design features required throughout the R-1, R-4, and R- 8 zones ■Vertical fagade modulation required throughout the R-1, R-4, and R-8 zones Required Architectural Feature #1 ■ Decorative hipped or gabled roof Hid' Gabled �;s: 0 Required Architectural Feature #3 Projecting eaves N. Vertical Fagade Modulation Required - Fagade Modulation Issue Three: Tree Retention/Replacement .Planning Commission and East Renton Task Force •Specific proposal for strengthening tree retention regulations •This is part of an on -going work program to maintain and improve Renton's tree canopy 7 Issues and Assumptions ♦There are good reasons for retaining trees and good reasons for removing trees ♦Established neighborhoods and developing neighborhoods (or infill neighborhoods) may have different priorities in tree retention ♦Comprehensive Plan provides broad support for tree retention and preservation ♦RMC authorizes the City to require retention, but needs improvement ♦2006 Director's Rule has been used to interpret and implement RMC authority Allowed Minor Removal Activities Current Code ♦Current code based on both lot size and intensity of development ♦Creates loophole that allows complete clearing of some lots 1/2 acre or less ♦Some lots may remove either 3 or 6 trees depending on size Proposed Code ♦Proposed code would eliminate standard based on intensity of development ♦ 3 trees may be removed on any lot 35,000 s.f. or less ♦ 6 trees may be removed on a lot larger than 35,000 s.f. ♦Standards will be reviewed in larger work program Es3 Retention Requirements ♦RC, R-1, R-4, and R-8 zones- require 30% retention, or minimum 25 trees per acre ♦More intense residential zones require 10% retention, or minimum 10 trees per acre ♦Critical Areas and proposed ROW areas excluded from retention requirements ♦Each retained tree that is removed will be replaced by 12 caliper inches of trees, at 2" minimum diameter ♦Replanting subject to replacement standard On -Going Work Program ♦Interdepartmental Work program -Landscape requirements -Urban Forestry ♦Citywide Tree Plan ♦Tree Canopy 9 Issue Four: Animal Regulations, Recommendations of the East Renton Task Force ♦Apply citywide and to areas annexing through the 60% petition process -Changes to large animal regulations -Additional work program for small and medium animals, pets ♦ Includes Council referral on pigeons ♦ Non Traditional Pets -Part of Docket later in 2007 Animal Regulations — Large Animals Current Code - Allows property owners with at least 1 acre to keep 1 large animal - Allowed in RC, R-1, and R-4 zones Proposed Code - Allow property owners with at least 1 acre to keep 2 large animals - Simplify process to apply for more animals - Allow non -conforming uses to continue 10 Changes Permit Requirements Current Code • The permitting of the keeping a greater number of animals (small, medium, or large) than allowable is decided by hearing examiner ■ The keeping of animals that are a non -conforming use is not transferable with the sale of the property and replacement of the animal is not allowed Proposed Code ■ The permitting of the keeping a greater number of animals (small, medium, or large) than allowable decided administratively ■ The keeping of animals that are a non -conforming use is transferable with the sale of the property and replacement is allowed Next Steps ♦Continued Review and Comment Opportunities —Planning Commission March 21 —Planning and Development Committee ♦Planning and Development Committee will forward a final recommendation to the Council 11 L-M From: To: Date: Subject 5P(;-Yideri Julia Medzegian Garrett Huffman 2/23/2007 2:49:36 PM Re: 2-26-2007 Code Amendments Public Hearing Dear Mr. Huffman, I am forwarding your comments for the public hearing to our City Clerk, Bonnie Walton, for addition to the public record. On behalf of the City Council, I would like to thank you for taking the time to share your comments and concerns. Sincerely, Julia Medzegian City Council Liaison 425-430-6501 >>> "Garrett Huffman" <ghuffman@mbaks.com> 2/22/07 4:11:43 PM >>> February 22, 2007 The Honorable Toni Nelson, President The Honorable Dan Clawson The Honorable Denis Law The Honorable Don Persson The Honorable Marcie Palmer The Honorable Randy Corman The Honorable Terri Briere Dear Council President and Councilmembers, As the Council deliberates the over the adoption of new tree retention requirements and design guidelines for MBA members, I would like include some materials that may prove useful to the discussion. King County recently released the King County Benchmarks: 2006 Affordable Housing Report, which indicates the progress of implementation of Countywide Planning Policies. The opening headline from the Report states "Affordable Housing Not Available for Many King County Households" and goes on to conclude the average wage earner would need to earn 46 percent more income to afford the median priced house in 2005. The average priced home cost $332,000 in 2005, which means the income necessary to afford that home at 30 percent of household income was $88,400. Unfortunately, the average wage earner only brought home $60,700, or enough to afford a $228,100 house. I have attached the Report for your consideration and have also included a study from the Washington Employment Security Division identifying those jobs that make below the median income in the Seattle Everett Bellevue market. My point to all this information is that the ordinances currently being considered by the Planning Commission and City Council do not come without a cost. Many of the changes being recommended by staff reduce the number of lots a developer/builder is able to achieve in a project thereby increasing the cost to the consumer. The more regulation that is added to my members ability to construct homes, the more the consumer will pay when purchasing that home. Tree retention and design standards do not come without a cost and before anything is adopted, a financial analysis needs to be performed to truly understand how much the price of housing in Renton will be affected by these ordinances. Although everyone likes full grown trees, pretty housing and being farther from his/her neighbor, the consumer when asked if he/she would prefer full grown trees, extra trim on the house, and further setbacks or $20,000 off the purchase price, the answer is always the cheaper house because more often than not, the more expensive house does not fit in their price range. From the 2000 US Census, which is a few years old, but still illustrates my point, for every $1,000 increase in the price of a new home, 2,000 potential home buyers are priced out of the market for that home. Rather than add new regulations onto an already stressful process, the MBA would prefer a discussion of incentives as the means to encouraged added amenities to projects done in Renton. At this time, what is being built is what the market is demanding, not only in Renton, but throughout King County. I thank you for your consideration and am here if you have any questions. Thank you. Garrett J. Huffman Garrett J. Huffman South King County Manager Master Builders Association of King and Snohomish counties 335 116th Avenue SE Bellevue, WA 98004 (425) 460-8236 (206) 605-8877 ghuffman@mbaks.com www.masterbuiIdersinfo.com CC: Bonnie Walton Who Are the Workers in Greater Seattle That Can't, Afford a Media n- Priced Home? Mean (Avcra�,_,c r tVWcs. hv OCCLlpatiOn f'Or the Seattle-Rel lei ue-F.verect VISA fron-i: �Vasfiingwm Ernployment SeCLjr1tN I )epartment (.)CCL1lMti0M1l 1-111-11)ION 111CH! (S', Wa2C Data, cc data) 005oes! 1'0(.'000. lit III MANAGEMENT OCCUPATIONS Median F - - _-- ----- --- . . .. ..... . ... .. .... ...... .. . ..... ..... . ............. ..... . - ------ Education Administrators. Preschool and Child Care Center/Proqrarn 55,262 BUSINESS AND FINANCIAL OPERATIONS OCCUPATIONS - - 1.1­11 - -- __ _ -------- ---- - -- Agizi-its- ana Bu5inies_- Managers of Artists, Performers, and Athletes 42,419 -_- - ---_-__---- ......... ----- ------ Purchasincg Agents and Buyers, Farm Products 47,246 Wholesale and Retail Buyers, Except Farm Products 52 877 Purchasing Agents E xc t Wholesale, - Retail, and Farm Products 58,239 ....... .... .. IeP -I...... .........� - 1 1. ­11111 1 - -, - 1 1. I _ I Claims Adiusters Examinersand Investigators 54,04C I ------- Insurance Appraisers. Auto Dama Appraisers ..... .. 48,321 Acents and Business Managers of Artists. Performers, and Athletes 4 /2., 4 - 9 ompliance Officers, Except Agriculture, Construction, Health & Safety ---------- -- ----- Cost 'Estimators Employment Recruitment, and Placement S cialists .... Employment . . . __ . .. ... .... .... .. . ... Compensatior Benefits, and Job Analysis Specialists Traininq and Dryiupment Specialists Human Resources, Training, and Labor Relations Specialists, KI Other Meeting and Convention Planners Accountants and Auditors Appraisers and Assessors of Real Estate Budget Analysts Computer Support Specialists Statisticians Mathematical Technicians Mathematical Scien'ists, All Other ­­­­ - ---------- AHCHITEC, I URE AND ENGINEERiNG OCCUPATIONS Landscape ArChiteCls Cartociraphers and Photogrammetrists Surveyors Chemical Engineers .11 - - - ----- ­ ­­­­ 11__ 1 111 ­­­ __ Materials En ineers Architectural and Civil Drafters LIFE, PHYSICAL, AND SOCIAL SCIENCE OCCUPATIONS COMMUNITY AND SOCIAL SERVICES OCCUPATIONS Substance Abuse and Behavioral Disorder Counselors Educational, Vocational, and School Counselors . ...... . ...... Marriage and Family Therapists Meni�a_Fkealth Counselors _­____­­- Rehabilitation Counselors Counselors, Al, Other Child, Family, and School Social Workers r -1 63.376 3 11 3 11 7 1 6 57,565 42,120 34,408 46,369 37,205 40.298 31.871 39,253 34.050 M rn ............... .. . . - - ------ -- ----- --- - ------- ----- -- LEGAL OCCUPATIONS - - — --- ---------- - ------------- - - - - ------ Arbitrators, Mediators. and Conciliators Paralegals and Legal Assistants .. . .. ... ............ ..... . - ------ - - ----- Law Clerks ....... . ......... Title Examiners Abstractors, and Searchers Legal Support Workers, All Other EDUCAT;ON, TRAINING, AND LIBRARY OCCUPATIONS Computer Science Teachers, Postsecondary Psychology Teachers Postsecondary Social Sciences Teachers, Postsecondary. All Other --- - --- -- -------- Ar�, Drama and Music Teachers. Postsecondary . ........ . ...... Communications Teachers, Postsecondary Engiish Language and Literature Teachers, Postsecondary Foreigna _ Language and Literature Teachers, Postsecondary History Teachers, Postsecondary ------ Pnifosophy and Religion Teachers, Postsecondary -H-6-11— .......... .... . ... .. me 'Economics Teachers, Postsecondary Recreation and Fitness Studies Tear -hers, Postsecondarj 1----------' ---------- Vocational Education Teachers, Postsecondary --, -1-1--.- - - - - ----- - -- - - ---- ------------ ARTS. DESIGN. ENTERTAINMENT, -SPORTS, AND M-E-51-A­ OCCUPATIONS 49.033 50,692 47,G9",' 24,591 44.357 4 49.210 60,652 52301 47,415 - 42 772 46761 i 60,751 11-63.355- 1 50744 50628 1_55;027 54,4163 53,222" 64,817 ------- - ----- -- -'-- 55,319 48,412 36.333 47,205 Fine Artists, Including Painters, Sculptors, and Illustrators 49.944 multiMediaArtists and Animators 63.5f0 Artists and Related Workers, All Other 35,041 _74&609- Floral Designers - ---------- 30�223 -- GraRhic Designers 49,658 interior Designers . .... .. . . . . ... .... 48,876 Merchandise Displayers and Window Trimme-s ..... . - - -------- 32,162 Exhibit Designers - -Set and - - - - --- - ----------- 44,150 "'oacnes and Scouts 35,175 Chorea qraphers .. ........ - ---- - - ----- - 52,790 HEALTHCARE PRACTITIONERS AND TECHNICAL OCCUPATIONS . .. . ....... ----- -------- Dietitians and Nutritionists 51,891 Reg stered eq'stered Nurses . . .......... . ....... . 63,680 ......... . ........ Audiolo, ists 61,908 .. . ..... . ..... Occup�ational Therapists ... ........ 54,223 . . .. ...... Physical Therapists . .. .... 60,7718 HEALTHCARE SUPPORT OCCUPATIONS Home Health Aides 5 Nursing Aides, Orderlies, and Attendants ---- - ----- --------------- -'---------L'22,22 26,126 - - Ps chiatric Aides - - - — - - - - -------- - --------------- - - ----- ........ ... . 31,117 qccupational Therapist Assistants . .. . . . ........ Occupational Thera ist Aides 26,029 . .. . ......... . ..... Phvsical Therapist Assistants 36.961 Pf-ysical Therapist Aides ............. . 25,724 ..r 50,936 35,05-4 32,490 28,851 34,893 22 289 25 383 30 172 55.812 48.051 52.420 43,014 59 206 40.026 47.981 25.170 26,480 32,348 20,342 36.027 FOOD PREPARATION AND SERVING REf A r ED OCCUPATIONS Chefs and Neal Cooks 44,002 First Line SupervisorManagers of F000 Prima anon and Sen Ong Workers — 39 53 Cooky Fast Food -� �- 19.750 Cooks institution and Cafeteria _ �_ —_ 25,835 ook�, Restaurant 2ti-017 Cooks, Shore Order 22 120 Gooks All Other - . 30,664 Food Preparation Workers 1 2111,503 Bartenders 121,113 Combined Food Preparation and Serving Workers, Including Fast Food T_ 19,170 _— Counter Attendants- Cafeteria Food Concession. and Coffee Shop 1 18,210 _ iVatters and Waitresses 21, 773 Food Servers, Nonrestaurant 19.599 D•nng Roorr and ('afeteria Attendants and Barte •der Helpers 17,793 Dishwashers 19.07' - Hosts and Hostesses Restaurant Lounge and Coffee -Shop _ ----_-- 18,733 Food Preparation_ and Serving Reated Workers. All Other 21,732 BUILDING ANC,? GROUNDS CLEANING AND MAINTENANCE OCCUPATIONS First -Line upervisorslManagers of Housckeepinr�and Janitorial Workers__ _ 39_435 First -Line Supervisors/Managers of Landscaping, Lawn Service, and Groundskeeping—� i 47,907 Workers Janitors and Cleaners, Except Maids and Housekeeping Cleaners 25,570 - ----- _ _ ..... __._. __-- - i__.__ Maids and Housekee�in Clew^ers _ — 20 340 Pest Control Workers 30.730 Landscaping and Groundskeepin_g Workers _ _ 26,281 Pest ddi e Handlers Sprayers, and Aoplioators, Ve- etat_o i — 32 264 ;rounds Maintenance Workers, All Other i 21,825 PERSONAL CARE AND SERVICE OCCUPATIONS Gaming Supervisors 41,451 First -Line Supervisors/Managers of Personal Service Workers i 42.796 Animal Trainers 20,737 Nonfarm Antrrai Caretakers23,228 -- Ga rtiDealers �-- Gaming Service L'Jorkers, All Other 20.024 En 05 Moron Picture Pmaectionfsts Ushers, Lobby Attendants, and Ticket Takers Amusement and Recreation Attendants Costume Attendants Locker Roorn, Coatroom, and Dressing Room Attendants Ente tai^ire ,t , r3< nts and Related V'Jorkers, All Other Embalmers Funeral Attendants Barbers Hairdressers, Hairstylists, and Cosmetologists _._. _ __ _ Manicurists and Pedicurists Skin Care Specialists Baggage Po,ners and Bellnaps SALES AND RE:L ATED OCCUPATIONS First Lase Supervisors/Maraggers of Retail Sales VVorke s Cashiers ......... . ....... Counter and Rental C;lerk•s Parts Salespersons _ _. - ___ . _ Retail Salespersons _._... _. OFFICE AND ADMINISTRATIVE SUPPORT OCCUPATroNS First Line Supervisors/Managers of Office and Administrative Support Workers Sw,t hboard Operators; Ir.cludinq Answering Service Communications Equipment Operators All Other _. __ __ __ Bill and Account Collectors Billing and Posting Clerks and Machine Operators Bookkeeping, Accounting and Auditing Clerks Gaming Cage V-4orkers Payrc l and Timekei ping Clerks Procurement Clerks Tel ers Brokerage Clerks I Correspondence Clerks Court. Municipal, and License Clerks Credit Authorizer" Checkers, and Clerks _ _ . _ __ _ _ _.. . _. i Customer Seri e Representatives ... .. _ _ ... _ _ Elicibiity Interviewers, Government Programs File Clerks _.._ Hotel Motel, and Resort Desk Clerks Interviewers Except Eligibility and Loan FARMING, FISHING AND FORESTRY OCCUPATIONS First Line Supervisors./Managers of Farming, Fishing, and Forestry Workers Agricultural Inspectors Graders and Sorters A ricultural Products Farmworkers and Laborers, Crop Nursery, and Greenhouse Farmworkers, Farm and Ranch Animals Agricultural Workers, All Other Logging Equipment Operators _. , _...... Log Graders and Scalers 19,973 20.127 18,829 32.921 19 945 21,027 41,383 25,778 . . 26, 521 29,924 20,648 37 862 25,347 47,671 23,167 22.904 40, 341 25,746 55,064 32,536 56,745 56.405 21,635 33L125 50 816 29284 53,901 26,343 38, 515 32.621 _ 32,335 37,115 31,771 - 24,127 - 36, 861 33�104 39,022__.____ 34,123 37,188 38,374 _..._ 31,225- 26,394 48,283 40,109 19.557 21,783 20,913 35,923 46,439 41.652 C'ONSTRUCTION AND EXTRACTION OCCUPATIONS Brickmasons and Blockmasons _ ___ 5g 126 _..._ Stonemasons 42.570 Ca, penters 48,226 v° r et insla Ie-s - -- 49..239 Fioor Lars. Except Carpet ,Hood, and Hard Tiles 41,548 Tile and Marble Setters 52.999 Cement Masons and Concrele Fin shers __ -- _ 38.'Qu -. - istruction Laborers 35.442 Paving_ Surfacing and Tarrir inp Equipment Operators 48,000 File Driver Operators { -- - _ 54,6Q4 Operating Engineers and Other Construction Equipment Opera ors 55. %0 Drywall and Cefiin.1 Tile �nstal[ers _ -- -. 55.930 Tapers - - ------ 48,622 _ Electricians--_._.._.5661 - -- --- j Giaziers 46,'138 Insulation Workers Floor Ceiling and Wall � -- - 50,306 Painters Constructior and Maintenance 36,993 Paper'r,an ers -- -- 5?,08 INSTALLATION, MAINTENANCE, AND REPAIR OCCUPATIONS First Line Supervisors/Managers of Mechanics, Installers and Repairers 63 55 I Computer, Automated Teller, and Office Machine Repairers _ _... 39, 02 Radio M echanics _- 50,147 Telecommunications Equipment Installers and Repairers Except Line Installers 49 992 Avionics Technicians 48.575 LieCtnc Moor Power Tool,and Related Repairers 40,679 Electrical arid Electronics Repairers Commercial and Industrial equipment 52,,63 i Electronic Equipment Installers and Repairers Motor Vehicles 22,25_2 Electronic Home Entertainmel-it Equ pment Installers and Repairers 34,450 Security and Tire Aiar n Systems 4 2 Technilerscians _ ,. Aircraft Mechanics and ServiceCs 097 Automotive Body and Related Repa rers -- 45 61 Automotive Service echnicians and Mechanics i _. _._ _ _. _ _ _ - 41.z9t Sus aid Truck Mechanics and Diesel Engine Specialists 47,133 ,arm Equipment Mechanics 3 1,.__. Mobile Heavy Equspmen±,Mee-anics_ Except Engines 46.155 Motorooat Mechanics _ 37.480 Mo Motorcycle Mechanics 31 158 - Outdoor Power Equipment and Other Small Engine Mechanics 28,838 PRODUCTION 0CCUPATIONS Hrst-Line Supervisors/Mann ers of Production and Coil Winders Taper_ and Finishers - Electrical and Electronic Equipment Assemblers_ - __-- 'Electromechanical Equipment Assemblers Structural ric Metal Fabators and Fitters riberclass Laminators and Fabricators Team Assemblers assemblers and Fabricators. All Other Workers bakers -__.____--- __.-_ __._...— Butchers and Meat C utters _-,-_ _. _----_--..— ....---__..__-- Meat Poultry_ and Fish Cutters and Trimmers _ __.. _ .---------- .._ _ __ ..- _-_ _ __----- Slaughterers and Meat Packers Food and Tobacco Roasting,, Baking and Drying Machine„O�eratars and Tenders Food Batchmakers---�— t-cca Cooking Machine Operators r -- - Computer -Controlled Machine Tool enders erators, Metal and Plastic - 56,581 29,904 33,008 3sA50 32,001 30 9 6 28,490 32,342 24,192 35,1 R ­­­-.11 30,800 25,013 26•735 30,362 22.937 41.849 Cm M Numerical Tool and Process Control Programme11 rs 54,907 - 1 11. Extruding and Drawing Machine Setters, Operators, and Tenders Metal and Plastic �_ _ _ _ _ 1 31 259 .. _ Forging Machine Setters. Operators and Tenders Metal and Plastic - - --- - ._ __ — ----- - -- 35,'36 — -- a j TRANSPORTATION AND MATERIAL MOWNO OCCUPATIONS First -Line S ipervisors/Managers of Helpers Laborers and Material Movers Hand 48,439 First -Line Supei Disc-sfManagers of Tianspertat on and Material Moving Mac�r no and 60.719 Vehicle Operators Commercial pilots 63,994 Ambulance Drivers and Attendants Exce t Froe-iuenc _ Medical Technicians _. _ _ _ _ . 24 82? Bus Drivers School 32,401 Driver/Saes Workers 22,51 `} Truck Drivers, Heavy and Tractor Trailer I 3',250 Truck Drivers. Licht or Deliver Services —_Y _ .-_ ___._ ________ .. __._ __._ ...___ 29 973 _ ____..— - - Tax[ Drivers and Chauffeurs 25.671 Motor Vehicle Operators. All Other 26.947 Sailors and Marine Oilers 140.311 Captains, Mates, a• g Pi ots of W-@ter Ve sse;s 59,820 .-Shp Engineers_ 59,086 Bridge and Lock Tenders __._ ...____ - - __ _ _ 40,u90 _.._ _._ Parki�Lot Attendants -- ___. .__ .__ ..__ -_ 21,001 Service Station Attendants 19,666 _._ _ ....._ —� Transportation Workers All Other 42,366 ill //I /h)I/h / Affordable Housing Not Available for Many King County Households The factors that influence affordable housing have aligned to produce a discouraging outlook for a significant number of the county's households. While the home ownership rate in King County has increased since 1990, the percent of owner households paying more than 30% of their income toward housing has also grown. Likewise, nearly one-half of renter households pay more than they can afford for housing, a notable increase since 1990. This signals a worrying trend in housing and is the focus of this bulletin. Rental Affordability. More than four out of five rental households earning less than half of median income do not have affordable housing in King County, paying more than 30% of their income toward housing. Consequently, these households must divert their resources from other necessities such as food and healthcare, and are at greater risk of homelessness. The proportion of King County households earning less than half of median income rose over the last decade, as highlighted in the 2006 Economic Development bulletin. Should this trend continue without a corresponding increase in low-income rental housing, even more households will be burdened by high housing costs. Changes in rental housing suggest that this is already happening. Apartment vacancy rates declined in 2005, signaling increased demand for rentals and portending higher rents. In fact, average rent did increase in 2005 after relative stability the previous three years. Home Ownership Opportunities. Following several years of economic growth in the late 1990's, the early years of this decade saw a regionwide recession that slowed income gains. Still, demand for housing remained strong, and although low interest rates provided homebuyers with greater purchasing power, the market responded with increased home prices. Consequently, the gap widened between what typical households could afford and what typical homes cost, making home ownership less affordable for many King County households. In 2005, the home purchase affordability gap for a median -priced home more than doubled what it was only two years prior. Only one in 10 single-family home sales in the county were affordable to the median income household. However, homebuyers found more affordable alternatives in the condominium market; over half of all condo sales were affordable to the typical King County household in 2005. Condominiums also provided an affordable home ownership option for moderate income households with nearly one-third of the 2005 condo sales being affordable to those households. What's Inside The Supply of Affordable Rental Housing is insufficient with a deficit of affordable housing for nearly 69,000 households earning less than $24,300 (Indicator2l, page 3). One-half of renters and one-third of owner households pay more than 30% of Income for Housing Costs (indicator22, page 4). It is estimated that 24,000 people in King County will experience an episode of Homelessness in the course of a year (indicator23, page 5). The Home Purchase Affordability Gap for median -income households grows to 46% in 2005 (indicator24, page 6). At 61%, the Home Ownership Rate in King County lags behind other metropolitan areas nationwide (indicator25, page7). For the first time since 2002, the Apartment Vacancy Rate has dipped below 6% (Indicator 26, page 8). The Trend of Housing Costs In Relation to Income continued in 2005, as the median home price increased nearly 15% from the previous year while median income rose less than 1% (indicator 27, page 9). Public Dollars Spent for Low Income Housing increased in 2005 as King County jurisdictions dedicated $18.6 million to create, preserve or repair over 1,000 affordable housing units (Indicator 28, page 10). Most Housing Units Affordable to Low - Income Households are concentrated in south county cities, including over 40%of the apartments affordable to households that earn half of median income (indicator29, page 12). En cm Countywide Planning Policy Rationale "Planning and monitoring for affordable housing should use the median household income for King County indexed by household size, Published annually by the U.S. Department of Housing and Urban Development [H.U.D.] Calculations of affordable house prices should assume standard Federal Housing Administration lending criteria and minimum down payments - (AH-5) 2005 • and Housing Costs Percent of Median Income' One Averaqe .. Three Person -Four Person Annual Income $ 15,200 $ 17,300 $ 18,200 $ 19500 $; 11,700 Affordable Monthly Hsg $ 317 $ 360 $ 379 $ 406 $ 452 0 30 % o Payment Affordable Rent $ 380 $ 433 $ 455 $ 488 $ 543 Affordable Home Price $ 57,100 $ 65,000 $ 68,400 $ 73,300 $ 81,500 Annual Income $ 20,200 $ 23100 $ 24,300 $ 26,000 $ 28,900 Affordable Monthly Hsg $ 421 $ 481 $ 506 $ 542 $ 602 0 40 �0 Payment Affordable Rent $ 505 $ 578 $ 608 $ 650 $ 723 Affordable Home Price $ 75,900 $ 86,800 $ 91,300 $ 97,700 $ 108,600 Annual Income $ 25,300 $ 28,900 $ 30,400 $' 32,500 $, 36,.100' Affordable Monthly Hsg $ 527 $ 602 $ 633 $ 677 $ 752 0 50 �0 Payment Affordable Rent $ 633 $ 723 $ 760 $ 813 $ 903 Affordable Home Price $ 95,100 $ 108,600 $ 114,200 $ 122,100 $ 135,700 Annual Income $ 30,400 $ 34,700: $ 36,400 $ 39,000 $ 43,400 Affordable Monthly Hsg $ 633 $ 723 $ 758 $ 813 $ 904 0 60 % 0 Payment Affordable Rent $ 760 $ 868 $ 910 $ 975 $ 1,085 Affordable Home Price $ 114,200 $ 130,400 $ 136,800 $ 146,600 $ 163,100 Annual Income $ 40,500 $ 46,200 $ 48,600 $ 52000 $ 57,800 Affordable Monthly Hsg $ 844 $ 963 $ 1,013 $ 1,083 $ 1,204 o 80 % Payment Affordable Rent $ 1,013 $ 1,155 $ 1,215 $ 1,300 $ 1,445 Affordable Home Price $ 152,200 $ 173,600 $ 182,600 $ 195,400 $ 217,200 Annual Income $ 50,600 $ 57,800 $ 60,700 $ 65,000 $ 72,250 Affordable Monthly Hsg Payment $ 1,054 $ 1,204 $ 1,265 $ 1,354 $ 1,505 0 100 �0 Affordable Rent $ 1,265 $ 1,445 $ 1,518 $ 1,625 $ 1,806 Affordable Home Price $ 190,100 $ 217,200 $ 228,100 $ 244,300 $ 271,500 Annual Income $ 60,700 $ 69,400 $ 72,800 $ 78,000 $ ' 86,100' Affordable Monthly Hsg $ 1,265 $ 1,446 $ 1,517 $ 1,625 $ 1,806 0 120 �0 Payment Affordable Rent $ 1,518 $ 1,735 $ 1,820 $ 1,950 $ 2,168 Affordable Home Price $ 228,100 $ 260,800 ` $ 273,600 $ 293,100 $ 325,800 For the affordable home price this table uses a 5% down payment on a 30-year mortgage at 5.75% interest (estimate). This tabs calculates household incomes by household size and percent of median income based on HUD data. HUD calculated 2005 media household income (for a four person household) of the Seattle -Bellevue area to be $72,250, as shown above. This table includes a income category for a 2.4 person household, which more closely identifies the average household size in King County. Supply and Demand for Affordable Rental Housing 99 OUTCOME: PROVIDE SUFFICIENT AFFORDABLE HOUSING FOR ALL KING COUNTY RESIDENTS Countywide Planning Policy Rationale "Ail jurisdictions shall plan for housing to meet the needs of all economic segments of the population." (AH 1).... Each jurisdiction shall participate in developing Countywide housing resources and programs to assist the large number of low and moderate -income households who currently do not have affordable, appropriate housing. These Countywide efforts will help reverse current trends which concentrate low-income housing opportunities in certain communities. and achieve a more equitable participation by local jurisdictions in low income housing development and services. Countywide efforts should give priority to assisting households below 50% of median -income that are in greatest need and communities with high proportions of low and moderate income residents (AH 2)....King County shall report annually on housing development, the rate of housing cost and price increases and available residential capacity Countywide." (AH 4) With a vacancy rate of about 6% in 2005, King County's 307,000 rental units provide a sufficient amount of housing for its 290,000 rental households. However, rental housing is not necessarily affordable to all renters. There are only 30,730 units affordable to the 99,500 renter households earning 40% of median household income or less, resulting in no affordable rental housing fortwo-thirds of these households. A household in this income group earns $25,000 or less, and can afford no more than $625 for rent. Figure 21.1 Suppik and Demand for Affordable • 0E. Number. of Curiitla'tive Percent of Number of[7efrt�ar Rental MOfth Rental tinit�'tis > Households, in Sit t lus of InGome:of HH Income Group Income Croilli Supply ;._ .. Demand: <30°Io 1 310 73,700 (73,390) 30-409/6 30,730 25,800 68,460 40 -50% 111,860 23,800 19,600 50 -:600/6 74,060 22,800 70,860 60-80% 69,760 39,600 101,020 > 86% 20,590 104,200 17,410 _W 310 •i0 17r *Estimated rental units represent market rate units and does not include units subsidized by federal, state and local funding. The deficit in affordable rental housing is partially compensated by subsidized housing in King County. Subsidized units are available through Section 8 rental vouchers, public housing developments, or public/private projects that guarantee that a portion of their units will be affordable at below -market rents. Close to 40% of King County's rental households - more than 100,000 renters- earn above 80% of median household income. As illustrated in figure 21.2, almost 84,000 of these households occupy rental units that would be affordable to lower income levels, which decreases the supply of housing that is actually available to the lower income households. Figure 21.2 King County Rental Housing Supply and Demand (2006) 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 Rental Housing Supply: # Rental units Affordable to Each Income Category -f- Rental Housing Demand: # Renter Households in Each Income Category 111,860 73,700 30,730 310 25,800 23,800 74,060 22,800 104,200 69,760 39,600 20,590 <30% 30-40% 40-50% 50-60% 60-80% >80% Income Category in Percent of Median Household Income 3 in E5 Indicator i etropolitan King County Countywide Planning F Percent of Income Paid f or Housing OUTCOME: PROVIDE SUFFICIENT AFFORDABLE HOUSING FOR ALL KING COUNTY RESIDENTS Countywide Planning Policy Rationale "All jurisidictions shall provide for a diversity of housing types to meet a variety of needs and provide housing opportunities for all economic segments of the population. All jurisdictions shall cooperatively establish a process to ensure an equitable and rational distribution of low-income and affordable housing throughout the County..." (FW 28). "The Growth Management Planning Council... shall evaluate achievement of Countywide and local goals for housing for all economic segments of the population. [it] shall consider annual reports prepared under policy AH-5 as well as market conditions and other factors affecting housing development. If the Growth Management Planning Council._ determines that housing planned for any economic segment falls short of need for such housing, the Growth Management Planning Council. may recommend additional actions." (AH-6) Figure 22.1 Proportion of Income Dedicated to Housing Costs: Renter and Owner Households (2005) M Renters paying more than 30% Income on Housing N Ow ners paying more than 30% of Income on Housing Figure 22.2 50% 40% 30% 20% 10% 0% Renters paying less than 30% of Income on Housing ■ Ow ners paying less than 30% of Income on Housing Percent of Households Paying More than 30% of Income for Housing Costs: 1990-2005 a70i 1990 2000 2005 ■ Owners p Renters ®AII Households According to the U.S. Department of Housing and Urban Development, 30% of gross income is the maximum that all but wealthy households can pay in housing costs without creating an excessive housing cost burden. This threshold is a measure of housing affordability; housing that requires more than 30% of income is considered to be "unaffordable." In 2005, over 280,000 of King County's 746,000 households paid more than 30% of their income for housing, representing 38% of all King County households. Nearly half of these households were renters, despite the fact that renters represent less than 40% of all County households. Renters About half of all renter households in King County paid over 30% of their income for housing. Those renter households in lower income categories were more likely to pay a higher percentage of their income for housing. In fact, four out of five renter households earning below 60% of median income in King County paid more than 30% of their income for housing. Of all renter households that paid more than 30% of their income for housing, more than 97% earned less than the median income for King County. Owners One-third of all owner households in King County paid over 30% of their income for housing in 2005. Of those households, about 60% earned less than median household income. 4 December 2006 Affordable Housing Homelessness OUTCOME: PROVIDE SUFFICIENT AFFORbABLE HOUSING FOR ALL KING COUNTY RESIDENTS Countywide Planning Policy Rationale 'Countywide programs should provide the following types of housing and related services: 1) Low income housing development, including new construction, acquisition, and rehabilitation: 2) Housing assistance, such as rental vouchers and supportive services, 3) Assistance to expand the capacity of nonprofit organizations to develop housing provide housing related services, 4) Programs to assist homeless individuals and families. 5) Programs to prevent homelessness: and 6) Assistance to low and moderate -income buyers. (AH-2A) Between 2000 and 2004, the estimated homeless population in King County increased nearly 30%, ten times the rate of population growth experienced by the County as a whole. Estimates suggest that over 8,300 people in King County are homeless on a typical night in 2004, or about 0.47% of the County population. According to the Committee to End Homelessness in King County, 24,000 people in King County will experience an episode of homelessness in the course of a year. The Seattle -King County One Night Count (ONC) is a tally of unsheltered persons and a survey of the sheltered homeless community. In January 2006, ONC counted 1,946 persons on the street and surveyed another 5,964 in emergency and transitional housing. Figure 23.1 About 83% of the 1,946 unsheltered homeless persons were in Seattle. Of the 5,964 sheltered homeless persons, 41 % were in emergency shelters with the remainder in transitional housing. Of those surveyed, 36% were single men and another 48% were individuals in families with children. Almost one-third of the homeless sheltered persons were children underthe age of 18. Figure 23.2 Origin of Homeless Households in King County's Emergency Shelters and Transitional Programs (2006) North King Co unty, 5% East Coun The majority of homeless persons in King County have some source of income, with 16% of the population surveyed by ONC earning income through employment. There is a large deficit of affordable rental housing for households earning less than 30% of median income. In 2006, a household earning $18,200 (30% of median income) can afford no more than $455 per month in rent. In a survey of 24 U.S. cities in 2005, The United States Conference of Mayors - Sodexho, Inc identified the lack of affordable housing as the leading cause of homelessness in America. Other causes included (in order of frequency cited by surveyed cities) low -paying jobs, mental illness and the lack of needed services, substance abuse and the lack of needed services, domestic violence, unemployment, poverty and prisoner re-entry. Indicator 1 J Metropolitan King County Countywide Planning Home Purchase Affordabilitya. OUTCOME: PROMOTE AFFORDABLE HOME OWNERSHIP OPPORTUNITIES Countywide Planning Policy Rationale Within the Urban Growth Area, each jurisdiction shall demonstrate its ability to accommodate sufficient affordable housing for all economic segments of the population. Local actions may include zoning land for development of sufficient densities, revising levelopment standards and permitting procedures as needed to encourage affordable housing, reviewing codes for redundancies ind inconsistencies, and providing opportunities for a range of housing types such as accessory dwelling units, manufactured iomes, group homes and foster care facilities, apartments. townhouses and attached single family housing." (AH-1) The home purchase affordability gap is defined as the gap between the price that a typical household can afford to pay for a house and the median price of housing on the market. This indicator analyzes both the housing affordability gap for households earning median household income and households earning 80% of median household income (typical first-time buyers). A strong housing market fueled by low interest rates in the early years of this decade made home ownership more affordable for the median -income household in King County. Having remained below 30% from 2001 to 2004, the affordability gap jumped in 2005, reflective of levels also displayed in previous decades (see Figure 24.1). Figure 24.1 .� Home the Purchase Affordability •- King Countyyer Hom0,Nice _ Median _ Affo.r•dabW" A .A ± 5.t Dollar l?e�r���,,.'es� f`7;'p $ 21,700 $ 26,900 $ (5,200) -19% 1. 8'0' $ 71,700 $ 46,600 $ 25,100 54% 198.0': $ 140,100 $ 95,500 $ 44,600 47% 1970-1990 figures are based on U.S. Census Survey data 20Qq . $ 225,000 $ 171,000 $ 54,000 32% 1� ' - $ 235,000 $ 184,300 $ 50,700 28% .002 $ 249,000 $ 206,600 $ 42,400 21% 20,tl5 : $ 265,000 $ 228,600 $ 36,400 16% 2,0`04 $ 289,950 $ 233,300 $ 56,650 24% -40�05;' $ 332,000 $ 228,100 $ 103,900 46% 2000-2005 figures are based on King County Recorder data Median Income Households. In 2005, the median home price in King County was $332,000, however the median - income household could only afford a $228,100 home, resulting in a $103,900 affordability gap. In orderto purchase the median -priced home, a household would need an income of almost $88,400, which is 46% more than King County's actual 2005 median household income of $60,700. However, as shown in Figure 24.2, households earning median income could afford the median -priced condominium. As in previous years, condominiums appear to provide an affordable home ownership option for median income households. Figure 24.2 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 2000 2001 2002 2003 2004 2005 illliiiiiiiiiiMedian Single Family Home Price Median Condo Price Affordable Home Price for Median Income Household Affordable Home Price for Household at 80% of Median Income First -Time Buyer Households. With a household income of $48,600, the typical first-time homebuyer, could afford to spend $182,600 for a home in 2005, resulting in an affordability gap of over 82% for these households. Neither median -priced single family homes nor condominiums were affordable to these households. In fact, fewer than 11 % of the home sales in 2005 were affordable to households earning up to 80% of median household income. ...r Nor Indicator `Oecernber 2QQ6 Affordable Housing25 1 OUTCOME- PROMOTE AFFORDABLE HOME OWNERSHIP OPPORTUNITIES Countywide Planning Policy Rationale "Countywide programs should provide ... low-income housing development, including new construction, acquisition, and rehabilitation; iand]...assistance to low and moderate income home buyers. (AH-2A) The rate of homeownership has been increasing appreciably throughout the United States since 1990, reaching 69% in 2005. Despite the national trend, King County has experienced a slower rate of increase. While the homeownership rate in the western United States increased 6 percentage points to 64% in this time period, the ownership rate in King County grew only 2 points to 61 %. Figure 25.2 100% 80% 60% 40% 20% 0% Figure 25.1 King County Renter and Owner Households: Percent in Each Income Croup (2005) Y O Q p C W) N O C Ln N O O �y N N M M W) W) n O O W. W W fA W. 44 69 W. A Income Category (in thousands) The Seattle -Bellevue -Everett metropolitan area held steady with a homeownership rate of 65%. Compared with the 75 largest metropolitan areas in the U.S., the homeownership rate for the Seattle -Bellevue -Everett area ranks lower than the median of 68.5% in 2005. As shown in figure 27.2 the rate of homeownership increases as income increases. In 2005, two-thirds of all ownerhouseholds in King County earn more than the median income. In contrast, about three-quarters of all renter households earn less than the median income. In fact, half of all renter households earn less than 60% of median income. King County Growth Management Planning Council Members Members Larry Gosset, Councilmember, King County Chair Tim Clark, Councilmember, City of Kent Larry Phillips, Councilmember, King County Ron Sims, King County Executive Bob Edwards, Commissioner, Port of Seattle John Resha, Councilmember, City of Redmond Eric Faison, Councilmember, City of Federal Way Pete von Reichbauer, Councilmember, King Executive Committee Reagan Dunn, Councilmember, King County County Richard Conlin, Councilmember, City of Terri Briere, Councilmember, City of Renton Peter Steinbrueck, Councilmembe, City of Seatt Seattle Lucy Krakowiak, Councilmember, City of Burien Grant Degginger, Councilmember, City of Greg Nickels, Mayor, City of Seattle Bellevue Mark Cross, Councilmember, City of Sammamish Alternate Members Dow Constantine, Councilmember, King County Robert Sternoff, Councilmember, City of Kirkland Marlene Ciraulo, Commissioner, KC Fire District Jean Garber, Councilmember, City of John Chelminiak, Councilmember, City of Bothell #10; Newcastle Patrick Ewing, Councilmember, City of Bothell David Della Councilmember, Seattle; Phil Noble, Wait Canter, Commissioner, Cedar River Nancy Backus, Councilmember, City of Auburn Deputy Mayor, Bellevue Water and Sewer District En M w Indicator 26 Metropolitan King County Countywide Planning Policies Benchmark Program Apartment VacancyRate iUTCOME: PROVIDE SUFFICIENT AFFOPI)ABLEFOR ALL KING COUNTY RESIDENTS Countywide Planning Policy Rationale "The distribution of housing affordable to low and moderate -income households shall take into consideration the need for proximity to lower wage employment, access to transportation and human services, and the adequacy of infrastructure to support housing development ...avoid over -concentration of assisted housing, and increase housing opportunities and choices for low and moderate - income households in communities throughout King County. Each jurisdiction shall give equal consideration to local and and Countywide housing needs." (AH-2)... All jurisdictions shall monitor residential development within their jurisdictions .... Housing prices and rents also should be reported... King County shall report annually on housing development. the rate of housing cost and price increases and available residential capacity Countywide." (AH-5) Figure 26.1 Vacancy Rate for King County Neighborhoods: 2005 Madison/Leschi Ballard Queen Anne Cap Hill/ Eastk Bellevue East University Magnolia Mercer Island Enumclaw Bellevue West North Seattle Greenlake/Wall First Hill Redmond Central Bellln/DwntnSe Bothell Juanita Factorial Rainier Valley Woodin/Totem Shoreline KC Median While Center West Seattle Kent Auburn Kirkland Renton RiverbnlTukwil Federal Way Des Moines Issaquah Buren SeaTac Figure 26.2 Rental vacancy rates are influenced by the availability of housing stock, and measure the capacity to accommodate household demand. A vacancy rate of 5% is generally regarded as a normal market rate. Lower vacancy rates suggest high demand for units and upward pressure on rents while higher vacancy rates suggest excess capacity and downward pressure on rents. As shown in figure 26.2, after a three-year period of relatively high rates, apartment vacancy in King County declined noticeably in 2005. The chart also shows the correlation between the vacancy rate and employment in King County; as the number of jobs increase, the vacancy rate decreases. The vacancy rate differs by sub -region within the county. According to the survey, most South County neighborhoods displayed a higher vacancy rate than the county average of 6.0% in 2005. In contrast, most neighborhoods in the SeaShore area displayed lower vacancy rates than the county average. 10.0% Apartment Vacancy Rate vs. Change in Employment and Rental Cost 8.0% 7.7% 7.5% 7.2% 6.0% 4.0% 5.0% 4.7G ° 4.0% `" 3 % 3 ° 2.0% 2.8% 3.39%/o 0. -2 0% 1995 1996 1997 1998 1999 2000 2001 2002 3 20 -4.0% --*—Vacancy Rate %Change in Employment —,a—%Change in Rent 8 2005 ..r Indicator 271 Trend of Housing Costs in Relation to Income OUTCOME: PROMOTE AFFORDABLE HOME OWNERSHIP OPPORTUNITIES Figure 27.1 Home Ownership Costs. In 2005, the median -priced home in King County sold for $332,000, an increase of nearly 15% from the previous year. Since 2000 the median home price has increased nearly 50% while median household income increased only 17%, from $53,200 in 2000 to $60,700 in 2005. As the increase in home prices outpaces the rise in incomes, home ownership is becoming less affordable for King County residents. Home price increases have outpaced income growth since at least 1980, but the trend worsened when recession caused income growth to stall. Responding to a regionwide recession, income averaged only 2.7% annual growth from 2000 to 2005. During the same period however the median home price increased 8.1 % per year. The median single family home price increased by an average of 8.5% while the median condominium home price averaged 6.2% annual growth. Rental Costs. Rents provided more affordable housing to King County residents, averaging 0.7% annual growth from 2000 to 2005. Since 1990, rents have averaged 2.8% annual growth, while income has averaged 3.5% annual growth. With a median rent of $810 in 2005, a 2 BR/ 1 BA apartment in King County was affordable to a household earning about $32,500 per year-- or 54% of median household income. As income growth has outpaced rental cost increases, the same apartment would have been affordable to a household earning 59% of median household income in 1990. Figure 27.2 Average Annual Change in Household Income, Home Price and Rent: 1990-2005 10.0% a, 8.0% v 6.0% 4.0% u L n 2.0% 0.0% 1990-2000 2000-2005 1990-2005 Median Income ■ Median Home Price 0 Median Rent cm cm Indicator 028 Public Dollars Spent for Low Income Housing OUTCOME PROVIDE EQUITABLE DISTRIBUTION OF AFFORDABLE Low —INCOME HOUSING Countywide Planning Policy Rationale "All jurisdictions shall share the responsibility for achieving a rational and equitable distribution of affordable housing to met the housing needs of low and moderate -income residents in King County... The distribution shall... recognize each jurisdiction's past and current efforts to provide housing affordable to low and moderate -income households, avoid over -concentration of assisted housing; and increase housing opportunities and choices for low and moderate -income households.... Each jurisdiction shall participate in developing Countywide housing resources and programs to assist the large number of low and moderate -income households who currently do not have affordable, appropriate housing. These Countywide efforts will help reverse current trends which concentrate low-income housing in certain communities, and achieve a more equitable participation by local jurisdictions in low income housing._ Countywide efforts should give priority to assisting households below 50% of median income ... [a GMPC committee]... shall recommend —new' Countywide funding sources for housing production and services; participation by local governments, including appropriate public and'. private financing, such that each jurisdiction contributes on a fair share basis... Each jurisdiction should apply strategies which it determines to be most appropriate to the local housing market. For example. units affordable to low and moderate income households may be developed through new construction, projects that assure long-term affordability or existing housing, or accessory housing units added to existing structures.. Small. fully -built cities and towns that are not planned to grow substantially -..may work cooperatively with other jurisdictions and/or subregional housing agencies to meet their housing targets." (AH-2) "Each jurisdiction shall evaluate its existing resources of subsidized and low-cost non -subsidized housing and identify housing that may be lost due to redevelopment, deteriorating housing conditions, or public policies or actions. Where feasible. each jurisidiction shall develop strategies to preserve exising low-income housing and provide relocation assistance to low income residents who may be displaced." (AH-3) "Success will require cooperation and support for affordable housing from the state, federal and local governments. as well as the private sector" ,(AH-6i Figure 28.1 Local and Federal CDBG Dollars Dedicated to New and Preserved Low -Income Housing: 1996-2005 1996 Iil(�rlci(�LY� 1997 r 1998 1999 2000 2002 2003,d 2004 I 2005 I Figure 28.2 In 2005, King County jurisdictions dedicated over $18.6 million toward the creation, preservation and repair of affordable housing. Local public dollars are funds that are controlled by an individual jurisdiction. These funds include bonds, levies, general fund and in -kind contributions that can be quantified such as a waiver of fees or donation of land. Federal dollars here include only Community Development Block Grant (CDBG) funds. As shown in figure 28.2, King County jurisdictions created or preserved 1,437 low- income housing units, permitted 127 new Accessory Dwelling Units, and repaired 618 units in 2005. A preserved unit is an existing unit of housing which is required to remain or to become affordable housing for a specific period of time. A repaired unit refers to the rehabilitation or restoration of existing affordable housing without the guarantee of long-term affordability; therefore, such units do not necessarily increase the existing stock of affordable housing. As identified in the endnote on page 16, King County jurisdictions dedicated another $32.6 million in other local, state and federal funds to affordable housing -related activities serving low-income households. 10 Year New & Preserved (CDBG) New & ` Preserved (Local) Housing Repair (CDBG & Local) Total Discretionary Funding (CDBG & Local) Operating Subsidies Units Repaired ADUs Permitted- Auburn 2004 $ - $ - $ 141,674 $ 141,674 $ 53,800 48 -' , 42 - Bellevue 2004 $ 50,000 $ 140,000 $ 653,543 $ 843,543 $ 236,857 80 7 83 t Bothell 2004 $ 78,826 $ $ $ 78,826 $ 33,605 2005 $ 23,330 $ - $ $; 23,330 $ 34,205 Burien 2004 $ $ $ $ - $ 2005 $ - $ $ 43,931 $ 43,931 $ - , , 7 5 Clyde Hill 2004 $ - $ 7,500 $ - $ 7,500 $ 2005 $ - $ 10,000 $ - $ 10,000 $ Covington 2004 $ - $ - $ 59,349 $ 59,349 $ 12,792 6 2005 $ $ - $ " 80,325 $' 80,325 $ 11,962 8s Des Moines 2004 $ $ $ 32,838 $ 32,838 $ 2 2005 $ - $ $ 123,772' $ 123,772 $ - 8 _ Enumclaw 2004 $ $ - $ $ 8,011 - 2005 ; $ 67,743 $ - $ $ 67,743 $ _ _ _ Federal Way 2004 $ 118,726 $ 88,200 $ 80,469 $ 287,395 $ 29,640 12 1 2005 $ 92,339 $ 80,200 $ 52,857 $ 225,396 $ - 8i 1 Issaquah 2004 $ - $ $ $ - $ 27,000 - 2005 $ 39,939 $ 85,000 $ - $ 124,939 $ : 31,500 - 11 Kenmore" 2004 $ - $ 132,500 $ $ 132,500 $ - 3 2005 - $ 75,000 $ - $ 75,000 $ '< - -" 5 " Kent 2004 $ - $ - $ 363,550 $ 363,550 $ 90,620 151 - 2005 $ -' $ 1 - $ 2 99,816 $ 269,816 $ ` 57,500' 139 1 Kirkland 2004 $ 200,756 $ 240,157 $ 12,791 $ 453,704 $ 129,792 2 3 2005 $ 5,967 $ 06,350 $ 00,426 122,743 4 97' 2 2 Lake Forest Park 2004 $ - $ $ 16,902 $ 16,902 $ 2 - -'2005 , $ - $ - " $ 15,931' $ 15,931 $ - '" 2: Medina 2004 $ - $ 7,500 $ - $ 7,500 $ 2005 $ - $ 10,000 $ - $ 10,000 $ - Mercer Island 2004 $ - $ 8,817 $ 11,322 $ 20,139 $ - 2 6 _2005 $ 61,411 $ 10,000 $ 8,291 $ 79,702 $ 1` 1 New castle* 2004 $ - $ 87,060 $ - $ 87,060 $ 3 2005 1 $ - $ 23,500 $ - $ 23,500 $° - -2 Redmond 2004 $ 50,000 $ 350,000 $ - $ 400,000 $ 89,972 - 2 2005 $ - $ 4,000 $ $ 4,000 $ 128,444> 1 Renton 2004 $ 15,000 $ $ 247,750 $ 262,750 $ 9,600 - 2 2005 $ ` 80,323 $ 233,280 $ 313,603 $ - 160 - Samrnamish 2004 $ - $ $ - $ $ - - 2005 $ $ $ $ $ 10,424; SeaTac 2004 $ $ $ 102,720 $ 102,720 $ - 36 2005 $' - $ $ 25,846' $ 25,846 $ - 24 Seattle 2004 $ 1,581,369 $ 6,012,586 $ 11200,535 $ 10,794,490 $ 794,997 348 51 2005 $ 821,369 $ 10,682,930 $ 681,147' $ 12,185,446 $ 786,213' 47' 67 Shoreline 2004 $ 70,000 $ 17,000 $ 188,669 $ 275,669 $ - 8 4 2005 $ 20,000 $ 18,345 $ 139,804 $ 178,149 $ 36 3 Tukw ila 2004 $ - $ $ 89,875 $ 89,875 $ 43,000 29 2005 $ ` 103,694 $ - $ 67,037 $ 170,731 $ 46,000 25,, Uninc. King Ct ` 2004 $ 118,000 $ 2,169,260 $ 555,508 $ 2,842,768 $ 219,141 50 8 2005 $ '118,000 $ 2697,181" $ ' 667,565'' $ 3,482,746 $ 206,222 " 26 �. Woodinville' 2004 $ - $ 7,500 $ $ 7,500 $ 98,000 -7 :, - Allocations are adrrinistered through the County and Small Cities Fund of the King County CDBG Consortium by King County 11 M M Indicator 29 Existing Housing Units Affordable to Low Income Households OUTCOME- PROMOTE EQUITABLE DISTRIBUTION OF AFFORDABLE Low —INCOME HOUSING Countywide Planning Policy Rationale "Each jurisdiction shall specify the range and amount of housing affordable to low and moderate -income households to be accommodated in its comprehensive plan [and]... shall plan for a number of housing units affordable to to households with incomes between 50 and 80 percent of the County median household incorne that is equal to 17% of its projected net household growth each jurisdiction shall plan for a number of housing units affordable to households with incomes below 50% of median income that is either 20 percent or 24 percent of its projected net household growth ... (AH-2) "All jurisdictions shall... determine annually the total number of new and redeveloped units receiving permits and units constructed, housing types, developed densities and remaining capacity for residential growth. Housing prices and rents also should be reported, based on affordability to four income categores: zero to 50 percent of median income. 50 to 80 percent-.80 to 120%... and above 120 percent." (AH-5) ) "[The GMPC]..,shall review local performance in meeting low and moderate income housing needs. The basis. -shall be a jurisdiction's participation in Countywide or subregional efforts to address existing housing needs and actual development of the target percentage of low and moderate -income housing units as � `adopted in its comprehensive plan. (AH-6) Single Family Sales. In King County, just 10% of all single family homes sold in 2005 were affordable to the median income household. Nearly half of these homes were purchased in South King County, while just 3% were found in East King County. Condo Sales. For lower income households interested in homeownership, condominiums provide more affordable housing opportunities. Over a third of all condo sales in 2005 were affordable to households at 80% of median income in 2005, and such units were relatively evenly distributed among King County's sub -areas. However, condo ownership is less viable for households earning 50% of median income; less than 7% of all condos sold in King County were affordable to that income category in 2005. Rental Units. Alternatively, more than nine out of ten rental units in King County were affordable to households earning 80% of median income, and nearly half of all rental units were affordable to households earning 50% of median income. Of all rental units affordable to this latter income group, nearly 85% were split evenly between South King County and the SeaShore sub -area; only 6% were located in East King County. Of all rental units in the SeaShore sub -area, nearly 40% were considered affordable to households earning 50% of median income. In East King County, less than 15% of all rental units were affordable to such households. The highest rate of rental affordability for households earning 50% of median income is in South King County, where nearly 80% of all rental units were affordable. Figure 29.1 Distribution of Housing Stock in King County for Different Income Groups o SeaShore ® East ❑ South ❑ Rural Gties 24% 3% Single Family Sales Affordable to Median Income 12 29' 20% 13% Condo Sales Affordable to 80% of Median Income J% ■ Uninc. KC 4G% tf% Rental Units Affordable to 50% of Median Income .2% Figure 29.2 of . .able to Moderpte.. • IpCofte,Mou. • Single Family Sales CondolTC ; 1`10 Wa:1ea" E� RB d1 7nits Percent Affordable by Total Income CategoryIr�r.4me Total >Per ent Affordable by �`ategory Est. Total Percent Aft abIa by, . 110cclme Category # <80% <50% # �5d�/o # <80%0 <50% Lake Forest Park 225 1.8% 0.0% 21 38.1% 0.0% 1,020 98.4% 76.0% Seattle 11,1991 2.8% 0.5% 4,123 15.0% 0.5% 148,945 88.6% 37.7% Shoreline 1,009 2.5% 0.3% 299 62.9% 1.7%1 6,909 99.9% 66.7% SEA -SHORE - �14433 2.7%0 ° 04 /o �4,443 18:3� , ` 0.6% 1 W6 ,i4 ° M83 210 ° -3 3 !° Beaux Arts' 9 0.0% 0.0% 0 N/A N/A 5 0.0% 0.0% Bellevue 1,987 0.8% 0.2% 1,269 28.3% 5.8% 20,215 92.1% 23.3% Bothell 234 4.7% 0.4% 106 45.3% 5.7% 2,372 99.9% 24.4% Clyde Hill' 101 0.0% 0.0% 0 N/A N/A 44 0.0% 0.0% Hunts Point` 22 0.0% 0.0% 0 N/A N/A 27 0.0% 0.0% Issaquah 926 0.1% 0.0% 567 24.7% 0.0% 3,929 85.3% 3.9% Kenmore 492 1.6% 0.2% 101 16.8% 6.9% 2,374 99.3% 46.3% Kirkland 968 0.8% 0.1%1 991 31.5% 5.3% 10,097 77.5% 9.5% Medina' 88 2.3% 0.0% 0 N/A N/A 98 25.0% 0.0% Mercer Island 444 0.0% 0.0% 83 14.5% 0.0% 1,768 89.5% 5.4% Newcastle 283 0.4% 0.0% 101 38.6% 1.0%1 870 98.4% 5.1 % Redmond 907 1.2% 0.3% 488 39.8% 9.0% 10,120 91.9% 2.4% Sammamish 1,488 0.5% 0.1% 213 7.0% 0.5% 1,389 77.6% 0.0% Woodinville 274 1.8% 0.7%1 106 57.5% 9.4% 1,118 99.1% 16.7% Yarrow Point' 34 0.0% 0.0% 0 N/A N/A 18 0.0% 0.0% EAST 8,257 0.8% 0.1% 4,025 28:7°!a 4.8% 54,444 '• .89 80/, : 4.5%0 Auburn 705 13.0% 0.9% 169 84.6% 27.8% 8,526 99.9% 83.9% Black Diamond' 99 7.1 % 0.0% 8 25.0% 0.0% 168 83.4% 66.7% Burien 524 6.9% 1.0% 59 91.5% 23.7% 6,043 99.9% 81.4% Covington 682 7.2%1 0.4% 3 0.0% 0.0% 536 99.1 % 0.0% DesMoines 536 4.9% 0.9% 169 68.0% 20.1%1 4,632 99.8% 83.5% Federal Way 1,728 5.4% 0.4% 504 85.7% 25.8% 15,227 99.9% 85.2% Kent 1,416 4.6% 0.4% 650 54.8% 13.1% 18,268 99.9% 84.8% Maple Valley 916 2.3% 0.1% 13 0.0% 0.0% 790 99.4% 0.0% Milton KC part)* 27 3.7% 3.7% 0 N/A N/A 133 99.3% 75.3% Normandy Park 112 0.9% 0.0% 6 33.3% 0.0% 597 98.9% 97.8% Pacific 147 12.9% 2.0% 0 N/A N/Al 1,013 99.8% 98.8% Renton 1,518 3.1% 0.5% 637 58.4% 11.5% 13,450 96.2% 57.0% SeaTac 439 9.1 % 1.1 % 76 65.8% 23.7% 4,739 99.8% 86.2% Tukwila 274 11.7% 1.8% 88 89.8% 42.0% 4,548 99.9% 87.2% Algona* 63 19.0%1 0.0% 4 75.0% 0.0% 178 100.0% 0.0% SOUTH .8,186 5.9% 0`6% 2j-M ' 67-: /a 10 4% 78�$48 ' .799.'2°l0 �� `78:9°l+ Carnation' 38 7.9%1 0.0% 0 N/A N/Al 141 91.9% 47.1% Duvall' 233 0.0% 0.0% 28 10.7% 0.0% 221 100.0% 73.3% Enumclaw 253 9.9% 0.0%1 21 66.7% 9.5% 1,622 100.0% 98.6% North Bend 102 2.9% 2.0% 12 0.0% 0.0% 811 89.7% 10.2% Sk komish' 4 75.0% 25.0% 0 N/A N/A 36 91.9% 47.1 % Snoqualmie' 517 1.0% 0.0% 54 3.7% 3.7% 1,009 82.9% 62.9% RURAL CITIES 1;147 3:4% 0:3% s ! 15 5% `' 69°/d UNINC.=.ItC .8`G05 .::,, 3.9% , ,... '0:4% i''11 , .. i ,47 3.°!0 • t -LL112,044'Ll, `View rental data with caution due to small sample size 13 7 l f -L' t W J A, j t 4A t. w. A IW.'\ 1 40. 2005 Single Family Hom e Sales by Price under$250,000 $250,000 - $349,999 rp $350,000 - $449,999 $450,000 - $549,999 71 $550,000 - $649,999 $650,000 and over Urban Grouth Boundary Cities Note: 2005 Median House Sales Price is $369,000 Single Family* Home Sales by Price Range ElI 't, Count Kin King County. 2005 g y * Does not include Gondominium Units 14 Affordable Housing Benchmark Endnotes Indicator 21: Supply and Demand for Affordable Rental Housing Number of renter households by income group derived from Table DP-3, 2005 American Community Survey (ACS), available at hu i-1-8 factiinder.cens. �uvi. Number of rental units available to income groups derived from 2006 King County Rental Housing Affordability Report, prepared by Dupre+ Scott Apartment Advisors, Inc. Number of rental units available to income groups is understated as it does not include subsidized units. The last count of both market rate and subsidized units was taken by U.S. HUD in 2000. As per 2000 Comprehensive Housing Affordability Data, there were a total of 31,600 rental units available to households earning at or below 30% of area media income (AMI) and an additional 70,200 units affordable to households earning 31%to 50%ofAMI in 2000. Complete 2000 CHAS Data available at littp %wvvwhuduseroff,,/datasets/cp himl. Indicator assumes an average vacancy rate of 6%, taken from Spring'' Fall 2005 Central Puget Sound Real Estate Research Report (RERR), Vol. 57, Numbers I and 2, prepared by the Central Puget Sound Real Estate Research Committee. Indicator 22: Percent of Income Paid for Housing Proportion of income dedicated to housing costs for renter/owner households derived from Tables DP-3 and DP-4, 2005 American Community Survey (ACS), available at http://factiinder.census.�/. Total households excludes 11,900 households with zero or negative income or paying no cash rent. Affordability defined by U.S. Department of Housing and Urban Development (HUD), httn:U !Y.Ltia+hud�ov'ofYicesrc xl .!'ttflordahlehousine/. Indicator 23: Homelessness Figure 23.1 data provided by King County Department of Community and Human Services/ Community Services Division, taken from the Seattle -King County One Night Count (ONC), http:/ www.homelessinlo.org/onc hhnl. Estimated uncounted homeless persons not available at time of publication. Annual population percentages derived from King County population estimates provided by the Washington State Office of Financial Management (OFM), htt r%%vvww.ufm.wa._ ,ov%io /. Figure 23.2 data from the Figure A Committee to End Homelessness King County website, (hltp:'; www.cclikc.orgg/Bike-facts.shtnil),. accessed 11/07/2006. Causes of homelessness taken from the Hunger and Homelessness Survey, 2005, by The United States Conference of Mayors - Sodexho, Inc., available at httpaie�.tivw.usmavors.or,g!uscm/newel publications/. Indicator24: Home Purchase Affordability Gap 1970, 1980 and 1990 median home price uses home value as proxy for sales price as reported by U.S. Census Bureau, http:// www.census. ov/. Itexludes condominiums. 2000-2005median home price data taken from the King County Records, Elections and Licensing Services Division/ Recorder's Office, htip:/; wv-vw.metrokc.eov/recelec/records/. Census data affordable home price assumes a 10% down payment on a 30-year mortgage with a mortgage payment at 25% of monthly income. A 5% down payment is assumed from 2000-2005. This bulletin assumes that housing is considered affordable when no more than 30%ofmonthly income is expended on housing costs, which include both a mortgage payment and other incidental housing costs such as utilities. For Affordable Housing Bulletins previously published, annual home sales data obtained from Northwest Multiple Listing Service. Indicator 25: Home Ownership Rate 2005 home ownership rates for the metropolitan area, state, region and country provided by U.S Census, Housing Vacancy and Homeownership Survey, (http:/%vvww.censtis.fzov/`hhes/www/ housingihvs/hvs.html). 2005 home ownership rate for King County, including tenure by household income category taken from 2005 American Community Survey, available at http:/! factfindencensusgov%. Indicator 26: Apartment Vacancy Rate Rental vacancy rates based on a biannual survey of apartment properties by Dupre + Scott Apartment Advisors, Inc. and reported in King County Rental Housing Affordability Report. The annual vacancy rate is an average of the vacancy rates over the course of a calendar year. 2005 King County Single Family Home Sales: Price Range Distribution 3,500 500 $100K $200K $300K $400K $500K $600K $700K $800K $900K $1.0M $1.1M $1.2M Sale Price Range 15 M M Indicator 27: Trend of Housing Costs in Relation to Income 1990 median home price uses home value as proxy for sales price as reported by U.S. Census Bureau, lilt exludes condominiums. 2000-2005 median home price data taken from the King County Records, Elections and Licensing Services Division/ Recorder's Office, httr):/;\wv�vv.metrokc., ov/recelec/ records/'. Median household income derived from U.S. Department of Housing and Urban Development (HUD), ltttn:' w\�rw.hLid use r.org/(Ialtset,,/i 1, li Ini 1. Median household income figures for 2000 - 2003 are interpolations, based on the fact that HUD overestimated household income in this region during the recession period. The 2004 median income is derived from a revised HUD estimate. Average annual rent (2 BR/ 1 BA unit) is an average taken from the biannual Central Puget Sound Real Estate Research Report (RERR), prepared by the Central Puget Sound Real Estate Research Committee. Annual percent change in median household income, median home price, and average rent from 1990 to 2000 averages the percent change over the ten-year period. Indicator 28: Public Dollars Spent for Low Income Housing Those cities that dedicated local public dollars toward low-income housing in 2004 and 2005 are identified in Figure 28.3. Data on local dollars spent and regulatory incentives is supplied by the King County and Small Cities Consortium, by the Seattle Office of Housing, by A Regional Coalition for Housing (ARCH) and by individual cities. Data was compiled by King County Department of Community and Human Services/ Community Services Division. Data on units funded, ADU's created, number of units built through regulatory incentives and units repaired also provided by these sources. Comprehensive data for 2001 is not available or included herein. In addition to those dollars/ efforts specified in Indicator 28, jurisdictions have dedicated other dollars in 2005 including the following. Bellevue provided $81,246 to support homelessness prevention. An additional 13 units were preserved or created in Federal Way through density bonuses. Kent provided $24,150 in housing stability grants. Seattle's contribution includes $21,637,521 in federal and local funds for affordable housing - related activities serving low-income households. Local Levy and CDBG funds (discretionary) include: $11,504,299 (included above) for 461 units of newly constructed or preserved multifamily housing; Local Levy funds include: $681,147 for repair of 47 single-family homes and $786,213 (included above) for operating subsidies for 372 multifamily units. Non -discretionary funds include: $3,216,507 HOME for newly constructed or preserved multifamily housing (supporting the 461 units aforementioned). Additional discretionary funds for multifamily housing originally funded in previous years include $1,185,902 Local Levy and $520,728 transferable development rights proceeds. State and local weatherization funds include: $790,365 for 700 multifamily units and $899,360 for 213 single-family units. $2,053,000 in local Levy and HOME funds for homebuyer assistance for first-time, low- income homebuyers supported 66 loans. In addition, 297 affordable units were provided through Multifamily Tax Examption Program incentives. On behalf of the King County Consortium $4,080,000 in HOME funds were dedicated for new units, $500,000 in HOME funds were dedicated to housing repair, $300,000 was dedicated to a Housing Stabilization Project, $194,772 was dedicated to Emergency Shelter grants and $200,000 was dedicated to Rental Rehabilitation loans.Master Planned Development agreements at Redmond Ridge secured 67 ownership units for households at 80- 100% Area Median Income (AMI), 56 ownership units for households at 100-120% AMI and 14 ownership units for households over 120%. An additional $5,602,112 in Regional Affordable Housing Program (RAHP) funds were awarded through an injurisdictional process for affordable housing development. Indicator 29: Existing Housing Units Affordable to Low Income Households Median sales price data of single family homes and condominium units taken from the King County Records, Elections and Licensing Services Division/ Recorder's Office, httn:i;_kkw_w.mctrokc.gov;/ recelec/records/. Tenure and type of housing units derived from the 2000 Census, U.S. Census Bureau, http://wwvv census.gov/ and April 2006 estimates by the Washington State Office of Financial Management (OFM), hill Rental unit affordability from 2006 King County Rental Housing Affordability Report, prepared by Dupre + Scott Apartment Advisors, Inc. Total rental units likely overestimated. It is speculated that home ownership has increased from the rate reported in 2000 U.S. Census but is not verifiable at time of this publication. Total rental units also differs from that of Indicator 21, derived from 2005 American Community Survey and 2006 King County Rental Housing Affordability Report, prepared by Dupre + Scott Apartment Advisors, Inc. Map: 2005 Single Family Home Sales by Price Range Sales data includes 39,628 single family home sales as reported in Indicator 29, Figure 29.2. Data taken from the King County Records, Elections and Licensing Services Division/ Recorder's Office, htto://www.mctrokc.aov/recelec./rccord,;/. Figure A: 2005 King County Single Family Home Sales: Price Range Distribution Sales data includes 39,628 single family home sales as reported in Indicator 29, Figure 29.2. Data taken from the King County Records, Elections and Licensing Services Division/ Recorder's Office, httlx//www.metrokc.gov/recelec/records/. The King County Countywide Planning Policies Benchmark Program is a program of the Metropolitan King County Growth Management Planning Council. Established in 1995, the program monitors the effectiveness of the Countywide Planning Policies, a long-range planning framework to promote smart and sustainable growth in the county. Reports on the 45 Benchmark Indicators-- which provide a high-level review of growth and development trends-- are published annually by the King County Office of Management and Budget. Acompanion to these reports is the King County Annual Growth Report. All reports are available on the Internet at http://www.metrokc.go budget/. For information about the Benchmark Program, please contact Lisa Voight, Program Manager (206) 296-3464, or e-mail lisa.voight @metrokc.gov. The Benchmark Program address is King County Office of Management and Budget, 701 Fifth Ave, Suite 3200 Seattle, WA98104. King County Office of Management and Budget Bob Cowan, Director Chandler Felt, Demographer/ Growth Information Team Lead Lisa Voight, Benchmark Program Manager, Lead Analyst Nanette M. Lowe, Growth Information Team, G.I.S. Analyst Jeremy Valenta, Growth Information Team, Analyst Brad Dillman, Growth Information Team, Intern 16 i .� kc �ewrinj -T�em March 12, 2007 Regular City Council Meeting Added Information - PUBLIC HEARING ITEM 4.a City Code amendments concerning: R-4 zone development clustering; R-1, R-4, and R-8 zone design standards; tree retention; and animal regulations. • Attachment 1: Small Lot Cluster Development and Design Standards • Attachment 2: Tree Retention as amended 3/9/2007 corresponding to Ordinance Draft March 2007 • Attachment 3: Animal Regulations Attachment 1: Smallest Cluster Development and Design Smendards CITY OFRENTON MAR 1, 2 2007 ISSUE CITY OF S OFFICE • Should the City strike the text requiring that cluster development occur within 600 feet of the Residential Single Family land use designation, effectively allowing cluster development throughout the R-4 zone? • Should text requiring special architectural features in small lot cluster development be placed in the building standards for development in the R-1, R-4, and R-8 zoning designations? • Should the City expand the requirement for vertical fagade modulation from the R-4 zone to also include the R-1 and R-8 zones? RECOMMENDATION Staff recommends adopting code amendments to allow small lot cluster development throughout the R-4 zone, require design standards in the R-1, R-4 and R-8 zones, and require vertical fagade modulation in the R-1 and R-8 zones. These changes reflect recommendations of the East Renton Plateau Citizens Task Force and are intended to facilitate visually appealing residential development. BACKGROUND SUMMARY The East Renton Plateau Citizens Task Force expressed a desire to protect open space and the more rural nature of the East Renton area. They also expressed an understanding of the pressure for development and the need of developers to achieve a reasonable rate of return on investment. Small lot cluster development is a means to achieve preservation of open space while also facilitating the ability to express the intended density in the R-4 zone. In order to be able to develop small lot clusters, it is required that 30 percent of the land be set aside permanently as "significant open space." The amount of required open space can be reduced to 20 percent if all three of the following criteria are met: 1) public access is provided to the open space, 2) soft surface trails are provided within wetland buffers, and 3) storm water ponds are designed to eliminate engineered slopes that require fencing and are enhanced to allow passive and/or active recreation. Additionally, the East Renton Plateau Citizens Task Force and citizens at public meetings regarding the East Renton area expressed concern about the outcome of the residential development that has occurred around the NE 4th St corridor. The general opinion was that the end result is unattractive to those who view the communities from the arterial roadway. Residents of the East Renton area are concerned that when the sewer moratorium for their area is lifted, there will be a significant amount of new development that will begin occurring on the plateau and that this new development will mimic the type they do not care for along NE 4th St. Currently, City code has simple design guidelines required for small lot cluster development. Implementation of these design standards in the R-1, R-4, and R-8 zones would likely help facilitate residential 4ow %"W development that is visually appealing. The standards seek to provide a varied appearance to residential units, so that there is less "cloned" or "cookie cutter" type development. There are three architectural standards that would be required: 1) decorative hip or gable roofs, 2) trim on windows and doors, and 3) projecting eaves. The City also has a requirement for vertical fagade modulation in the building standards for the R-4 zone. The expansion of this requirement to the R-1 and R-8 zones help facilitate a varied residential product. CONCLUSION Implementation of design standards in the City would benefit all new residential development in R-1, R-4, and R-8 zones that occurs in the City by ensuring a varied product that is visually interesting. The standards are not extensive, but are a simple means to accommodate residents desire to see a varied residential product while not adding significant costs to builders and/or developers. Allowing small lot cluster development to occur throughout the R-4 zone is likely to help preserve open space while not limiting the density of the zone. H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper - cluster & design.doc Page 2 of 2 4-2-11 OD CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS 1. a. Phasing, shadow platting, or land reserves may be used to satisfy the minimum density requirements if the applicant can demonstrate that the current development would not preclude the provision of adequate access and infrastructure to future development and would allow for the eventual satisfaction of minimum density requirements through future development. b. In the event the applicant can show that minimum density cannot be achieved due to lot configuration, lack of access, environmental or physical constraints, minimum density requirements may be waived by the Reviewing Official. 2. Use -related provisions are not variable. Use -related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 3. Clustering is allowed to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service. Within designated urban separators, clustering is required, consistent with the provision of RMC 4-3-110, Urban Separator Overlay Regulations. a. The maximum net density requirement shall not be exceeded except that within urban separators a density bonus may be granted allowing the total density to achieve one dwelling unit per gross contiguous acre for projects that meet the following criteria: (i) Provision of native vegetation cover on sixty-five percent (65%) of the gross area of all parcels in the land use action, including both the area within and outside the open space corridor, with either existing or new vegetative cover, and at least one of the following additional criteria: (A) Enhancement of wetlands is provided at a ratio of one-half (1/2) acre enhanced for one acre delineated within the urban separator pursuant to RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands Chosen for Enhancement. Enhancement proposed for a density bonus may not also be used for a mitigation for other wetland alterations. (B) Legal nonconforming uses are removed from the site and/or brought into conformance with Renton standards. (C) Natural surface pedestrian trails, with public access, are provided as part of an adopted trail system or, where there is no planned trail system, in a configuration approved by the Reviewing Official. (D) In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be required to the satisfaction of the Reviewing Official. (ii) Parcels within the urban separator may be combined into larger contiguous holdings to allow platting to achieve bonus density; however, existing legal lots shall not be reduced in land area for the purpose of transferring density unless such lots are included in a proposed plat. b. The area of individual lots shall not be less than ten thousand (10,000) square feet. 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project twenty four inches (24") into any setback; provided, such projections are: (i) Limited to two (2) per facade. (ii) Not wider than 10'. b. Fences: See RMC 4-4-040. c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. d. Eaves: Eaves and cornices may project up to twenty four inches (24") into any required setback. 5. In order to be considered detached, a structure must be sited a minimum of six feet (6') from any residential structure. 6. A front yard setback of less than twenty feet (20') is allowed if equal to or greater than the average of the front yard setback of the existing, abutting primary structures; however, in no case shall a minimum setback of less than twenty feet (201) be allowed for garages which access from the front yard street(s). 7. For pre-existing legal lots having less than the minimum lot width required by this Section, the following chart shall apply for determining the required minimum side yard width along a street: WIDTH OF EXISTING, LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RC ZONE 150 feet or less 25 ft. R-1 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 51 ft. 11 ft. 51.1 to 52 ft. 12 ft. 52.1 to 53 ft. 13 ft. 53.1 to 54 ft. 14 ft. 54.1 to 55 ft. 15 ft. 55.1 to 56 ft. 16 ft. 56.1 to 57 ft. 17 ft. 57.1 to 58 ft. 18 ft. 58.1 to 59 ft. 19 ft. 59.1 and greater 20 ft. R-4 or R-8 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 52 ft. 11 ft. 52.1 to 54 ft. 12 ft. 54.1 to 56 ft. 13 ft. 56.1 to 58 ft. 14 ft. 58.1 or greater 15 ft. However, in no case shall a structure over forty two inches (42") in height intrude into the twenty -foot (20') clear vision area defined in RMC 4-11-030. 8. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020. 9. "Public Suffix" (P) properties are allowed the following height bonus: Publicly owned structures shall be permitted an additional fifteen feet (15') in height above that otherwise permitted in the zone if "pitched roofs," as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, the height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five feet (75') to the highest point of the building: a. When abutting a public street, one additional foot of height for each additional one and one-half feet (1-1/21) of perimeter building setback beyond the minimum street setback required; and/or b. When abutting a common property line, one additional foot of height for each additional two feet (21) of perimeter building setback beyond the minimum required along a common property line. 10. in eFdeF te sep�te as a trans.fien between the leweF density R 4 Zone and higheF density developmSmall lot clusters" of up to a maximum of fifty (50) lots shall be allowed within '3 of the Land Use Map ef the GempFehensive P R-4 Zone, when at least thirty percent (30%) of the site is permanently set aside as "significant open space." Such open space shall be situated to act as a visual buffer between small lot clusters and other development in the zone. The percentage of open space required may be reduced by the reviewing official to twenty percent (20%) of the site when: a. Public access is provided to open space; b. Soft surface trails are provided within wetland buffers; and c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and enhanced to allow passive and/or active recreation. IIYI��\�1+1 • - All portions of a site that are not dedicated to platted single family lots or a dedicated right of way shall be set in a separate tract and/or tracts to preserve existing viable stands of trees or other native vegetation. The tract may also be used as a receiving area for tree replacement requirements in accordance with RMC 4-4-130H. Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, Fequired. they shall be replaced in accordance with RMC 4-4-130 H. 11. Lot size, width, and depth may be reduced by the Reviewing Official when, due to lot configuration or access, four (4) dwelling units per net acre cannot be achieved. The reduction shall be the minimum needed to allow four (4) dwelling units per net acre and shall be limited to the following minimum dimensions: Lot size — seven thousand two hundred (7,200) sq. ft. Lot width — sixty feet (60'). Lot depth — seventy feet (70'). 12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also be reduced by the Reviewing Official. Setback reductions shall be limited to the following: Front — twenty feet (201). Side yard along a street — fifteen feet (151) primary structure, twenty feet (20') attached garage with access from the side yard. Side — Minimum side yard combined setback — fifteen feet (15'). Minimum for one yard — five feet (5'). 13. For properties vested with a complete plat application prior to November 10, 2004, and for the Mosier Il, Maplewood East and Anthone, the following standards apply. Vested plats must be developed within five (5) years of preliminary plat approval and/or annexation. NOW w Maximum density — five (5) dwelling units per net acre. Minimum lot size — seven thousand two hundred (7,200) sq. ft. Minimum lot width — sixty feet (601) for interior lots, seventy feet (701) for corner lots. Minimum lot depth — seventy feet (701). Minimum front yard — fifteen feet (15') for the primary structure, twenty feet (20') for an attached or detached garage. For a unit with alley access garage, the front yard setback for the primary structure may be reduced to ten feet (10') if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. Minimum side yard along a street — fifteen feet (151). Minimum side yard — five feet (5'). 14. Covenants filed as part of any final plat shall establish that future division of land within the plat must be consistent with the maximum density requirements as measured within the plat as a whole as of the time of future division. (Amd. 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'X � N L N U N O m L O_ cn L O_ ,� "= O O m O O O cm � C C L Y o Z -0 0 N L m rn o 0 c cn a m m w .� 0 0 U "O O cm 7 N >1 cn L L O E Z a O0 m �p m N � o `o a N Z a°i tm L O .9 O CO c �O cp N O_ - <1 m O N d N cC O y y C Q w 00 o_ 0 cp 00 7 = tp W is (D a°)i o w N C C o u o -C c X a� .+ CO o a U US V) o 2 cn w (L / m = / _ k / 2 § / 7 \ / / \ E / = / o / / k / o : c 2 CL N & = 2 C . = _ cn = § / § q k \ o a 2 § § ® E 0 2 \ « 2 N f / ) % / o) - C). / M 4- c / $ E & / 2 c § 0 % m 7 / E § 2 n \ o 7 \ g £ R � § ° D 2 LO CD — 2 @ A E a § 7 4 R / / c _7 > L ) 2 k B n _R (n CO U m / o < / f § 0 / o o @ a E a • E / k k k/ E q CD E % J p 2 E / q / f \ _ # 2 0 m 2 m k co � ) w ° 0 k k n ° / c / u § < \ $ / / 7 \ 7 ƒ & o o- § o - &&/ 2 r o 5- L) %► ■ § 2 q \ \ 6 / G / LO \ C / 0 + � R G / k / ce) / / E « C) / / � / u Attachment 2: Tree h m mention Amended 3L9/2007 Corresw..dim to Ordinance Draft March 2007 CITY OF RENT N ISSUE MAR 1, 2 2007 • How does the Cityof Renton approach tree retention now? E�CE S O PP CITY L KV OFFICE • What types of standards are needed to formalize a tree retention program? RECOMMENDATION Staff recommends adopting code amendments that would require tree retention. The retention standard would be very close to the de facto standard that was established through a Director's Rule in March 2006. BACKGROUND SUMMARY The East Renton Plateau Citizens Task Force raised concerns directed at the City's existing tree retention policies. Citizens support a more thorough tree retention policy as a means to address quality development. Tree retention is not mandated in Renton's current development regulations. In fact, the section of code that addresses the issue is aptly titled "Tree Cutting and Land Clearing." Trees are really only required to be retained in critical areas. In the pre -Growth Management era, this seemed adequate, however, now the City is required to accept its fair share of regional growth. As development continues in Renton and surrounding communities, trees and green open spaces have been squeezed out. In most cases, developers find it easier to completely clear a parcel and retain no trees. As a result, there is very little tree canopy in areas of development. Tree retention is important for a number of reasons. Trees are part of a natural drainage system that allows for ground water recharge and prevents excessive erosion. Developed areas near stands of retained vegetation have fewer storm water concerns because of the intact natural drainage system in such areas. Stands of trees are natural buffers against noise, hot summer sun, and cold winter wind. Trees naturally reduce pollution and provide clean oxygen through the process of transpiration. They also provide habitat and are aesthetically pleasing to many. As a matter of policy, Renton broadly supports the retention of trees. Comprehensive Plan objective CD-J and Policy CD-45 stress the importance of retaining existing vegetation as part of a citywide landscaping plan. Objective EN-F and Policies EN-24 and 25 discuss the importance of maintaining natural areas to assist with storm water control. The City's 2006-2011 Business Plan Goals similarly state that in order to fulfill its goal to "manage growth through sound urban planning," the City should "uphold a high standard of design and property maintenance throughout the City." Tree retention fits neatly into the policies Renton has adopted to guide the City. While the City has broad policies supporting tree retention, and a broad authority supporting retention in code, specific implementation and standards are lacking. A Director's Rule issued in March 2006 took a major step in interpreting Renton's tree retention policies. This rule requires an inventory of all trees 6" or larger in diameter for all land development projects. Using the inventory as a baseline, diseased and damage trees are removed and the rule states that 25 percent of the remaining trees 8" or larger must be retained. If the trees cannot be retained, they are replaced at a one to one ratio. Critical areas and native growth protection easements are excluded from the retention analysis, because 100 percent retention is already required in those areas according to Renton Municipal Code. Even though the Director's Rule has been useful in establishing a baseline for tree preservation, there have been challenges in implementation. Application of the rule still involves a lot of interpretation on topics such as whether or not retained trees can count toward the landscaping requirements, or if tree retention requirements should be based on net developable area or gross developable area. There is no adequate process for the review of tree retention plans, and no authority to require third party review of tree retention plans. Recent extreme weather events have also resulted in further questions about long term retention and replacement requirements. Staff reviewed many different tree retention codes from other jurisdictions. The Director's Rule was based on tree retention code in the City of Newcastle. While there have been some implementation challenges, and additional work should be done to refine the standards in the Director's Rule, it is a system that basically works to preserve trees. The proposed changes to the tree retention code would result in a codification of the Director's Rule and the establishment of formal standards for tree retention. In the proposed code changes, the basic standard for tree retention would be 2-430 percent, or 25 trees per acre, whichever is greater. All trees 6" in diameter or larger would be inventoried, with the exception of those already in critical areas, critical area buffers, proposed street right — of -ways or in native growth protection easements. Any dead, diseased, or damaged trees would be removed from the count before the ?5 30percent/25 per acre standard was applied to determine the number of protected trees. Trees in proposed roadways or utility easements would be included in the calculation, and a tree could not be double -counted as both a protected tree and a street tree. In cases where tree retention cannot meet the 2-f-5, 30 percent/25 per acre standard, there are options for replacement and replanting. Trees that could not be retained would be replaced at rate of twelve (12) caliper inches of trees for each tree to be replaced. Replacement trees would need to be a minimum of two (2) caliper inches. The 25 trees per acre standard acts as a minimum requirement and ensures that even a lot that has been completely cleared prior to development would be responsible for its share of future tree canopy. It eliminates a loophole that provides an incentive for the clearing, or partial clearing, of property prior to submitting development permits in attempt to avoid tree retention requirements. Replanting of trees to meet the minimum standard would use the same replacement ratio, twelve (12) caliper inches of new trees replanted for each required tree. H:\E DNSP\Title lWienerahTree Relention\20074ssue Paper PC" I ree Retention t March 07� Page 2of3 It is also important to remove another loophole that works against tree preservation efforts. Currently, the code exempts any lot less than half an acre in size from the tree cutting and land clearing requirements. This means that the majority of the parcels in the City could clear cut every tree on the lot. It could also result in the massive removal of retained, replaced, or replanted trees once the subdivision process was completed. As part of the proposed changes, this exemption would be jewexed-eliminate dto 4;580 sqtiafe file. _ above that ; izeAll lots/parcels would be subject to the tree cutting limitations already set up in the Renton Municipal Code. This means that property owners with lots over one acre in size could remove up to six (6) healthy trees per year from their properties without a development permit. Property owners with lots less than an acre could remove up to three (3) healthy trees per year without a development permit. Property owners who wish to remove more trees than allowed by code would need a permit to do so. Strengthening tree retention in Renton is the goal of these code amendments. Changes are proposed to various sections of the Renton Municipal Code, such as the Landscape Regulations, Routine Vegetation Management Permit Rules, Submittal Requirements for permits, and several code definitions. These changes are all made to ensure consistency throughout the code for terminology and the application of the proposed tree retention regulations. Additional requirements have also been proposed to the section on Tree Retention to protect retained trees during grading and construction and to allow the Development Services Director the authority to ask for independent, third party review when such review is needed. These proposed changes provide a basis to ensure that the trees planned for retention remain viable through the completion of the project. CONCLUSION Given the current rate of development, much of the existing tree canopy in the City of Renton will be lost unless there are regulations in place for tree retention. This is especially important in the East Renton area, which could be annexed in the City in March, if the area favors annexation. There are several large stands of trees and pent-up demand for housing development in that area. The Director's Rule has done an adequate job of tree retention but has drawn attention to the need for codified standards for tree preservation. HA DNSPCride W\General\Tree Retention\2007\Issue Paper PCTrec Retention ( March 07).docUAE4)^--D-:S4Z4+4e Page 3 of 3 0 PROPOSED CHANGES FOR TREE RETENTION- DRAFT March 2007 4-4-070 LANDSCAPING: D. GENERAL LANDSCAPE REQUIREMENTS: 1. Street Frontage Landscaping Required: On -site landscaping is generally required along all street frontages, with the exception of areas of pedestrian walkways and driveways. 2. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment as appropriate. Landscaping may include hardscape such as decorative paving, rock outcroppings, fountains, plant containers, etc. 3. Residential Rear/Side Yard/Landscaping Along Streets: When rear or side yards are along property lines abutting a street, there shall be a minimum five-foot (5') planting area in the public right-of-way. This will necessitate setting any future fencing back from the edge of the right -or -way so that the landscaping is visible from the street. Landscaping is required prior to occupancy. Maintenance of such areas shall be the responsibility of the property owner(s). The maintenance requirement may necessitate provision of a gate in the fence to access the planting area. 4. Compliance with Zone Standards Required: See specific zone requirements listed in chapter 4=2 RMC. 5. Parking Lot Landscaping Requirements: Parking lot landscaping requirements are listed in RMC 4-4-080F7. 6. (Rep. by Ord. 5153, 9-26-2005) Protected trees shall be retained in accordance with RMC 4-4-130. 7. Use of Existing Plant Material: Existing trees and other vegetation on the site of a proposed development shall be used to augment new plantings to meet the requirements of this section. where praotinai if the quality its equal to or bette _i available nursery sf a. Existing Trees: When a survey of existing trees is required (see RMC .4-8_120 Subfi-FitalL Req eiremente}-t_. fie-servey-er-iFAentsry -trees-shal4-include- the -name,-sfze, and loGation of all trees gFeater than -in�; }-in 4aMeter-mot-#0ur-feet44'1 abnve ground elevation. -and-ofstands of tfees e-Gnsisti-ng of five {5)-or_more-trees six -inches {6"}in diameter at #our-feet{4'-}above-gro=lnd elevation shall he indicated therepn_ b Trees. -to Be Retainexd, Trees.. existing..on a development site 4hat. are to be retained &hall be-sndic ated Innr7 Gape nlarn,; -and-on the detailed .� and.ssc`ape pl�rarni--Sucrhr tree, ,sh�,.y- 111 have the approximate chin line-.c�.t own._-t"-4e grading-and-�R sha44ndicate-tttCt�t9 t, ee _tertinn duringnnc ��on-fof all trees to be retained. If grade ni onnes appear necessary, the metho��-of-recc-onciii the finished- t-he d�-41- Re-shaWbe 4w4ude-dTrees retained or replaced in accordance with the minimum requirements in RMC 4-4-130 Tree Retention and Land Clearina Reaulations shall not be counted toward meetina the landscapina requirements of this section ON e-__2 8. Use of Drought -Resistant Plants: Incorporation of drought -resistant plants into the landscape is encouraged. 9. Avoidance of Hazards: All landscaping shall be planned in consideration of the public health, safety, and welfare. a. Landscaping shall not intrude within the clear vision area at driveways and street intersections. b. Trees planted near overhead power lines shall be species that will not eventually grow into such lines. c. Landscaping shall not obscure fire hydrants or access for emergency -response vehicles. d. Avoid planting trees that may damage sidewalks. 10. Preservation of Unique Features: if pFaGtiGable, wRiqu allniciue features within the site shall be preserved and incorporated into the site development design (such as significant vegetation and rock outcroppings). 11. Green River Valley Landscaping Requirements: Any development in the GreeR Rive Valley shall provide a -pereeRt (2%) of the total site for landsGaping suitable for w;ldl.;fe habitat. These areas ot be dispersed throughout a site, but sheuld be aggregated in one portion of the property. Where possible, the required two perceRt_42-9/64 tie sho_ any other !an-'-- ,i , equiFements by this SeGtion or any other regulation. A drainage Swale R, o 4tabl2-for- -Percent (2%) additional iandsGape requirement if the ReviewiRg OffiGial determines that the proposed pi�pfaC},gfid-swc4le desigR-w41 fUr+GtiO3R o meet the i f4es'& regulations.-i-?ctudigg; but not limited to, that the faGility s4ope and fencing design would not iRhib't wildl'fe use. Th f8llowing-map deports the boURda ieS-of-th1 s of 2 -•W w 12. Slopes: Stripping of vegetative slopes where harmful erosion and run-off will occur shall be avoided prohibited. The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be initiated upon completion of grading and full installed within thirty (30) days of grading completion and prior to a request for final project approval. Where slopes are not subject to erosion due to the erosion -resistant character of the materials such protection may be omitted with the permission of the Public Works Department, provided that this protection is not required by the rehabilitation plan. 13. Erosion Control Devices: Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety and control the rate of water run-off. 14. Permanent Underground Irrigation System Required: a. Underground irrigation systems shall be installed and maintained in good working order in all landscaped areas of industrial, commercial, and multi -family development, and landscaped common areas in single family subdivisions. b. The irrigation system shall provide full water coverage of the planted areas as specified in the plan. c. The irrigation system maintenance program shall include scheduled procedures for winterization. d. Exceptions: Landscape plans featuring one hundred percent (100%) drought tolerant plants or landscaping already established without irrigation systems are exempt from installation of permanent irrigation system, but drought tolerant proposals must provide supplemental moisture by means of a City -approved temporary irrigation system for a period not less than two (2) years. The applicant must provide a maintenance security device for a period of three (3) years from the date of approval of landscape installation to ensure survival of plants. H. AMENDED LANDSCAPING PLAN: 1. Modification of Landscape Plans: In the event there are significant physical elements that are discovered after preliminary plan approval that may prevent installation of the landscaping as proposed, the landscape plan may be modified upon request to the Development Services Director. Such request must be accompanied by the following: a. Copy of original, approved landscape plan. b. An amendment plan meeting requirements of RMC 4-8-120D12, Landscape Plan, detailed. c. Narrative describing and justifying proposed changes. d. Modified tree retention and land clearing plan for any protected trees proposed to be removed in accordance with RMC 4-4-130 N1e. 2. Acceptability of Requested Modifications: The plans may be approved, denied or returned to the applicant with suggestions for changes that would make them acceptable. El 3. Failure of Plan to Meet Intent: The Development Services Director may initiate revisions to an approved landscape plan, prior to release of an a&s-ur a^cea surety device, if the installed landscaping has failed to meet the intent of City landscape requirements. K. DAMAGED LANDSCAPING: Upon request of the City, any landscaping required by City regulations that is damaged must be replaced with like or better landscaping as determined by the Development Services Director. See also "Specific Landscape Requirements, Trees" herein. (Ord. 3718, 3-28-1983; Ord. 4832, 3-6-2000; Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004) 4-4-130 TREE C TT1NG-RETENTION AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees, shrubs, and groundcover plants . The purposes of these regulations are to: 1. Preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees, shrubs, and ground cover; 2. Implement and further the goals and policies of the City's Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watersheds, and economics; 3. Promote buildiRg and sate pIaRRiRg pFaGtiGes that are GORSisteRt With the City's Ratural topegraphiGal and vegetative features while at the same tome reGognizing that GertaiR faGtoFs Such a6 GenditioR (e.g,, disease, daRgeF of falling, etG.), proximity to eXiStiRg @Rd proposed structures and improvements, inteFfeFeRGe-wit1h -ti-lit, se. ..Ges, protection of sGeRiG Views-, trees and ground Gover; 54. Promote land development practices that result in minimal adverse disturbance to existing vegetation and soils within the City while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views. and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;, 65. Minimize surface water and groundwater runoff and diversion, and aid in the stabilization of soil, and to minimize erosion and sedimentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils; 76. Retain clusters of trees for the abatement of noise and for wind protection.; and to reduce air pollution by producing pure oxygen from carbon dioxide. g;-Recognize that trees-andground GOver r xyge-n-from carbon dioxide. (Ord. 5137, 4-25-2005) 7. Protect trees during construction activities from damage to tree roots trunks. and branches. 8. Recognize that trees increase real estate values. B. APPLICABILITY: The regulations of this Section apply to any developed, partially developed or undeveloped property where land development or routine vegetation management activities are undertaken. (Ord. 5137, 4-25-2005) C. ALLO,"l^. BL-ALLOWEDTREE CUTTING TING REMOVAL ACTIVITIES: Tree cutting -removal and associated use of mechanical equipment is permitted as follows, except as provided in subsection D2 of this Section, Restrictions for Critical Areas, and in RMC 4=3- 110E5b, Urban Separator Overlay Regulations. 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, damaged, or dangerous ground cover or trees which have been certified as such by a forester, registered landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required, or the removal of which is approved by the City. 3. Maintenance Activities/Essential Tree Removal - Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights -of -way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: RemovalClearing-or- cutting - of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected, in which case see subsections C12 and C13 of this Section. 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the following requirements: 2 a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D2 of this Section, Restrictions for Critical Areas, on the subject property. In every case, impacts shall be minimized and disturbed areas restored. b. In every location where site investigative work is conducted, disturbed areas shall be minimized, and immediately restored. c. A notice shall be posted on the site by the property owner or owner's agent indicating that site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection D2 of this Section, Restrictions for Critical Areas. d. No site investigative work shall commence without first notifying the Director or his or her designee in advance. 9. Allowable Minor Tree CuttingEemoval Activities: Except as provided in subsection D2 of this Section. Restrictions for Critical Areas, tree removalT-reec-u"-and associated use of mechanical equipment is permitted as follows-e�3(cept-as pfGvided in subseGtioR D2 of this Seotio ,-Restrictions for Critical Areas -.,: ia.-_No more than three (3) trees are removed in any twelve (12) month period from a property under thirty five thousand (35,000) square feet in size; and ii:b. No more than six (6) trees are removed in any twelve (12) month period from a property thirty five thousand (35,000) square feet and greater in size. LOT r(PES PAR TtALLY tiNDEVELi'fPE Drug c.4i. Rights -of -Way Unobstructed: In conducting minor tree euttingremoval activities, rights -of -way shall not be obstructed unless a right-of-way use permit is obtained--. 10. Landscaping or Gardening Permitted: Land clearing in conformance with the provisions of subsection C9, Allowable Allowed Minor Tree CUttiRgRemoval Activities, and subsection D2 of this Section, 7 Restrictions for Critical Areas, is permitted on -undeveloped lot for purposes of landscaping or gardening; provided, that no mechanical equipment is used. 11. Operational Mining/Quarrying: Land clearing and tree cu"removal associated with previously approved, operational mining and quarrying activities. 12. Modification of Existing Utilities and Streets (not otherwise exempted by RMC 8=5007) by Ten Percent (10%) or Less: . 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right -of - Way or Easements: Within existing improved public road rights -of -way or 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, Rrestoration of disturbed areas shall be completed. (Ord. 4851, 8-27-2000; Ord. 5132, 4-4-2005; Ord. 5137, 4-25-2005) D. PROHIBITED ACTIVITIES: 1. Prohibited Activities: There shall be no tree outting-removal or land clearing on any site for the sake of preparing that site for future development unless a land development permit, as defined in RMC 4-8-120 D 12 for the site has been approved by the City. 2. Restrictions for Critical Areas — General: Unless exempted by critical areas, RMC 4=3- 05005 or Shoreline Master Program regulations, RMC 4-3-090, no tree cuttingremoval, or land clearing, or groundcover management is permitted: a. On portions of property with protected critical habitats, per RMC 4-3-050K; streams and lakes, per RMC 4-3-050L; Shorelines of the State, per RMC 4-3-090, Renton Shoreline Master Program Regulations; and wetlands, per RMC 4-3-050M; and their associated buffers; b. On protected slopes except as allowed in this Section or in the Critical Areas Regulation, RMC 4-3-050; or c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. Buffer- -requirements-shall be- consistent. with -the -critical area regulations. Tree cutting car -land clearing -shall -tie consistent with established native growth.prateotiGn area requirements of RMC 4-3-05UE4. 3. Restrictions for Native Growth Protection Areas: Tree Gutting -removal or land clearing shall not be permitted within a Native Growth Protection Easement except as provided in the established native growth protection area requirements of RMC 4-3-050E4. be consistent with -established -native growth protection area requirements of RMC 4-3-050E4.jOrd. 5137, 4-25-2005) 1 - N • M 1 a ,%NW ..r 1. Authority and Interpretation: The City's Development Services Division DirectefReviewing Offical er--his-duy attherizea-representat+ve, is hereby authorized and directed to interpret and enforce all the provisions of this Section. He or she is authorized require retention above the minimum standards, to require phasing of tree retention plan or to require any other measures to meet the purpose of this section. (Ord. 5137, 4-25-2005) 2. Independent Secondary Review: The Reviewing Official may require independent review of any land use application that involves tree removal and land clearing at the City's discretion. An evaluation by an independent qualified professional regardingthe he applicant's analysis on the effectiveness of any proposed removal retention or replacement measures to include recommendations as appropriate This shall be paid at the applicant's expense and the Citv shall select the third party review professional. F. PERMITS REQUIRED: 1. Land Development Permit: An approved land development permit as defined in RMC 4- 8-120 D 12, is required in order to conduct tree cutting removal or land clearing on any site for the sake of preparing that site for future development. 2. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management as defined in RMC 4-11-180, on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. 3. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree cuttingremoval, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. 4. Timber Stand Maintenance — Conditional Use Permit Required: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing maintenance and thinning beyond the limits allowed in subsections subsection C9 of this Section, Allowable Minor Tree Cutting Removal Activities, shall be considered as a conditional use permit by the Hearing Examiner according to the following criteria in lieu of standard conditional use permit criteria: a. Appropriate approvals have been sought and obtained with the State Department of Natural Resources; and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections H2, Applicability, Performance Standards and Alternates, and H3, General Review Criteria, of this Section; and d. Thinning activities shall be limited to less than forty percent (40%) of the volume and trees. 5. Tree Cutting -Removal — Solar Access or Pasture Land: A routine vegetation management permit is required for tree cutting removal in greater amounts than specified under partially exempt actions in subsection C9 of this Section, Allowable Minor Tree Cutting E 0 .. Removal Activities, for any property where tree cutt+og-removal is proposed without an associated land development permit. A routine vegetation management permit may be issued allowing tree Guttingremoval only in the following cases: a. For purposes of allowing solar access to existing stFu- uressolar energy panels, or to structures that specifically. incorporate solar energy in to the building design; or b. To create pasture land where agricultural activities are permitted uses in the zone. Any tree cutting -removal activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas. (Ord. 5137, 4-25-2005) G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Routine Vegetation Management Permits. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: 1. Protected Trees- Retention Required: Trees shall be retained as follows: a. Damaged and diseased trees excluded: Trees that are damaged or diseased or are safety risks due to root, trunk, or crown structure failure shall not be counted as protected trees. b. Residential: i. RC. R-1, R-4 and R-8 zones: Thirty percent (30%) of the trees or a minimum of twenty five (25) trees per acre, which ever is greater, shall be retained in a residential or Institutional development. ii. All other residential zones: Ten percent (10%) of the trees or a minimum of ten (10) trees per acre, which ever is greater. shall be retained in a residential or institutional development. c. Industrial and Commercial: Five percent of the trees located on the lot, excluding critical areas or their buffers shall be considered protected and retained in commercial or industrial developments. Critical areas and their buffers shall be excluded from this calculation, but trees in proposed street right of ways and easements shall be counted. If the number to be retained includes a fraction of a tree, any amount equal to or greater than one-half tree (1/2) shall be rounded up; d. Utility uses and mineral extraction uses: such operations shall be exempt from the protected tree retention requirements of this chapter if removal can be justified in writing and approved by the Reviewing Official.; e. Replacement Requirements: i. When the required number of protected trees cannot be retained, new trees, with a two inch (2") caliper or greater, shall be planted. The replacement rate shall be twelve (12) caliper inches of new trees to replace each protected tree removed: ii. When a tree or tree cluster that is part of an approved tree retention plan cannot be retained, mitigation shall be required per subsection i, above. 10 iii. Trees used to meet these replacement requirements may not be counted toward the required landscaping requirements in RMC 4-4-070 Landscaping or RMC 4-2- 110, RMC 4-2-120. or RMC 4-2-130 Zoning Standards Tables. iv. Unless replacement trees are being used as part of an enhancement project in a critical area or buffer, they shall not consist of any species listed in RMC 4-4-130 H7d. f. Replanting Requirements: Residential sites that can not meet the minimum requirement of 25 trees per acre, as specified in RMC 4-4-130 H 1 b, shall be replanted according to the replacement requirements in RMC 4-4-130 H1 e q. iii. Tree retention standards shall be applied to the net developable area. Land within critical areas and their buffers, as well as public right-of-ways, shall be excluded from the above calculation. If the number to be retained includes a fraction of a tree, any amount equal to or greater than one-half tree (112) shall be rounded up: 2. Plan Required: When a land development permit as defined in RMC 4-8-120 D12, is submitted to the City it shall be accompanied by a tree cutt'Rg--removaland land clearing plan. Where -trees ,Ah,-plate shall identify those trees which are PFOposed for re—o-1. u r`k.-c`i6t�vitieS� 1ri i}Q-arem` vced ct- ece -rflfir{5, -£'S; show all trees proposed to be out in priority tFee FeteRtiOR aFeas: slopes twef4ty five peFGe t L25 h eFGent (3OF Vhio er-os-4on ham b. Show trees to be Gut in proteGted Grit'Gal areas: Weflands, ShOFel;ReS of the St ate; dreams ar �'kes floodways,_floodplain slopes forty perGen"40-114-erg verb h+gt� fard&4de-hazar6afeas, and GFitiGaI habitat 'if the activity is exeff4A-er aN$wed by the Grit+c-al areaa refit+latfons-+n RM(C+3� , Specific- €xemptions: c-. Show all--trees-to be retained i+� criticaf area offers d: -Sh€aw-tf ed._ R-setb@G �along perirnete of development. eAn-all other area site, trees4G-be-cut-may be indicated generally w4h--c4ea4ng lima -it Ord:-4363; �54 200; Ord, 5137,-4-25 2005) 23. Applicability, Performance Standards and Alternates: All land clearing and tree cutting -removal activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved soil engineering, engineering geology, hydrology or forest management plan and where the alternate procedures will be equal to or superior in achieving the policies of this Section. All land clearing and tree etgremoval activities may be conditioned to ensure that the standards, criteria, and purpose of this Section are met. 11 34. General Review Criteria: All land clearing and tree Guttngremoval activities shall compiv with RMC 4-4-060 Grading Excavation and Mining Regulations and shall meet the following criteria: a. The land clearing and tree cutting -removal will not create or-&ign{iica *y contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction. b. The land clearing and tree cuttingremoval will not create or si9nificantiy contribute to flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. c. Land clearing and tree cuttingremoval will be conducted to maintain or provide visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code. d. Land clearing and tree c-gremoval shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an approved build -out schedule and including any necessary erosion control measures. e. Land clearing and tree Guttingremoval shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas, and RMC 4-3-050, Critical Areas Regulations. f. Retained trees will not create or contribute to a hazardous condition as the result of blowdown, insect or pest infestation, disease or other problems that may be created as a result of selectively removing trees and other vegetation from a lot. a. Ability to Condition P! and 4ree Gutting - {an or' sec+afect! ent enten'Gf the_rq,-- TI condition a proposal to restrict-clear-ingeg--s_i �,' Ns of way t i4ty-'4nes and easerne.", j-to-regeir-s'equenciri and phasing of c-they reasures +t# t e itted_der}sft and' 55. Timing: The City may restrict the timing of the land clearing and tree Guttingremoval activities to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of the environment. 66. Restrictions for Critical Areas: See subsection D2 of this Section, Restrictions for Critical Areas — General, and RMC 4-3-050, Critical Areas Regulations. 77. Tree/Ground Cover Retention: The following measures may be used by the Department Administrator or PeeReviewing Official in conditioning a land development permit or building permit proposal-per-stibsec-tion H4 of this Sec Tree Preservat+c�n, to comply with the general review criteria of subsection H3H4:. 12 a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. The Reviewing Official may require modification of the tree retention and land clearing plan, or the associated land development permits to ensure the retention of the maximum number of trees. b. The City Reviewing Official may require andAY--alfow-the applicant to relocate er replace trees, provide interim erosion control, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. • :-- a •s ::- :: s dc.laer- f�,easrb'o treesTrees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. ed. Except in critical areas or their buffers, unless enhancement activities are being performed, the removal of trees on the following list should be allowed in order to avoid invasive root systems, weak wood prone to breakage, or varieties which tend to harbor insect pests: i. All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Italics"), etc. ii. All Alnus species which includes red alder (Alnus oregona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. Salix species which includes weeping willow (Salix babylonica), etc iv. All Platanus species which include London plane tree (Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis), etc. 88. Protection Measures During Construction: a. Tree Rmtectioo Measures: Protection measures in this subsections--H8b(44hfough-HW 4 of this Seeder} -shall apply for all trees which--thgt are to be retained in areas immediate!y subject to construction._ These-%quif�emer#ts- maybe waived m9Fiifinoti— I i -- -' e �{FK.4v4dua4y or--severaily-by the vity-4-the da them to be inapplfc-able to the -specific as -site GRd4ions orif the ioter�t of t#ie-regu tiers wilt be-irnpiemented-by-aReth-er-means with the-szasi resuW t)-Dr+p--W-ne. All of the following tree protection measures shall apply: ia.Construction storage prohibited: -The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. iib. Fenced protection area required: The applicant shall erect and maintain six -foot - high chainlink , temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. -ef plaGe bales of hay on the drip line to PFOteGt roots. Placards shall be placed on fencing every feet (50) indicating the words, "NO TRESPASSING- Protected 13 Trees" or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed Individual trees shall be fenced on four sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. i�c. Protection from grade changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree's drip line. ivd. Impervious surfaces prohibited within the drip line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained. ve. Restrictions on grading within the drip lines of retained trees: The grade level around any tree to be retained may not be lowered within the greater of the following areas: (1) the area defined by the drip line of the tree, or (2) an area around the tree equal to one and a half feet (1 ''/z') foot in diameter for each one inch of tree caliper. The Reviewing Official may require a larger tree protection zone based on tree size species, soil, or other conditions. v+f. Mulch layer required: All areas within the required fencing shall be covered completely and evenly with a minimum of three inches (3") of bark mulch prior to installation of the protective fencing. Exceptions may be approved by the Reviewing Official if the mulch will adversely affect protected groundcover plants. g. Monitoring required during construction: The applicant shall retain a professional arborist or a other qualified professional to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover which are to be retained. (Ord. 5137, 4-25-2005) h Alternative protection: Alternative safeguards may be used if determined by the Reviewing Official to provide equal or greater tree protection. 9. Maintenance a. All retained trees, including protected trees, shall be maintained for the life of the project: b. All retained trees and vegetation shall be pruned and trimmed to maintain a healthy growing condition or to prevent limb failure: c. With the exception of dead, diseased, or damaged trees specifically retained to provide wildlife habitat: other dead, diseased, damaged or stolen planting shall be replaced within three months or during the next planting season if the loss does not occur in a planting season: 10. Bondsisecurity a. Performance bonds or other appropriate security (including letters of credit and set aside letters) shall be required for a period of three years after the planting or transplanting of vegetation to ensure proper installation, establishment, and maintenance. b. Performance bonds or other appropriate iate security (including letters of credit and set aside letters) may be required if protected trees are damaged, but remain in acceptable condition for a period of time related to the damage caused, as determined by the Reviewing Official. 14 "W NOW I. VARIANCE PROCEDURES: The Hearing -Examiner -Reviewing Official shall have the authority to grant variances from the provisions of this Section pursuant to RMC 4-8-070H and the decision criteria in RMC 4-9-250. (Ord. 5137, 4-25-2005) JI. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, damaged or destroyed will constitute a separate violation, and the monetary penalty for each violated tree ion shall be no less than the minimum penalty, and no greater than the maximum penalty of RMC 1-3-2D. 2. Additional Liability for Damage: In addition, any person who violates any provision of this Section or of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3. Restoration Required: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures that shall be required as determined by the City. 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed in violation of, or without. an approved tree retention and land clearing plan, replacement planting of a tree of equal size, quality and species or up to three (3) trees of the same species in the immediate vicinity of the tree(s) that was/were removed. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s) of, and at a minimum of #wee two inches (-32") in caliper. 5. Stop Work: For any parcel on which trees and/or ground cover are improperly removed and subject to penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005) 4-7-130 ENVIRONMENTAL CONSIDERATION — GENERAL REQUIREMENTS AND MINIMUM STANDARDS: 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 15 supply, prevent erosion and to 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 subdivider in creating an attractive and healthy environment. B ACTION NOT A TAKING: No action taken herein shall constitute a taking under the laws or constitution of the State or Federal government. C ENVIRONMENTAL CONSIDERATIONS: A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 2. Native Growth Protection Area Easement and Minimum Lot Size: Native growth protection area easements may be included in the minimum lot size of lots created through the subdivision process; provided, that the area of the lot outside of the easement is sufficient to allow for adequate buildable area and yards. (Ord. 4835, 3-27-2000) 3. Land Clearing and Tree Retentions: Reasonable effort shall be made-t-Gpreoef„n � trees: { 35 3 7-2pp8} Shall corn ply with RMC 4-4-130 Tree Retention and Land Clearing. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. 16 c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. (Amd. Ord. 4835, 3-27-2000) TABLE 4-8-120 A Line under Submittal Requirements: Tree Cog Removal/ Inventory/ Land Clearing Plan - Approved TABLE 4-8-120 B Line under Submittal Requirements: Tree CuttingRemoval/ Inventory/ Land Clearing Plan - Approved TABLE 4-8-120C Submittal Requirement- Tree CuttingBetention/Vegetation Plan TYPE OF APPLICATION/PERMIT Annexation (10% Notice of Intent) Annexation (60% Petition) Appeal Business License for Home Occupation Comp. Plan Map Amendment/Rezone Comp. Plan Text Amendment Conditional Approval Permit for a Nonconforming Structure Conditional Approval Permit for a Nonconforming Use 4 Conditional Use Permit (Administrative) 4 Conditional Use Permit (Hearing Examiner) 4 Environmental Review Environmental Review (Nonproject) 4 Grade and Fill Permit (Special) Kennel License Kennel License, Hobby Lot Line Adjustment 4 Master Site Plan (Overall) 4 Master Site Plan (Individual Phases)) 4 Mobile Home Park, Preliminary 4 Mobile Home Park, Final Modification/Alternate Request 4 Plat, Final 4 Plat, Preliminary/Binding Site Plan 4 PUD, Preliminary 4 PUD, Final Rebuild Approval Permit for a Nonconforming Structure Rebuild Approval Permit for a Nonconforming Use Rezone 4 Routine Vegetation Management Permit Shoreline Exemption 4 Shoreline Substantial Development Permit 4 Shoreline Conditional Use Permit 4 Shoreline Variance 4 Short Plat, Preliminary 4 Short Plat, Final/Binding Site Plan 4 Site Plan 4 Special Permit 4 Temporary Use Permit Variance Waiver 4 Critical Area Permit 17 CM 7. Definitions G: Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State of Washington licensed landscape architect at a scale of one inch to forty feet (1" to 40') (horizontal feet) and one inch to ten feet (1" to 10') (vertical feet) (or other size plan sheet or scale approved by the Development Service Division Plan Review Supervisor) clearly indicating the following: a. Graphic scale and north arrow. b. Dimensions of all property lines, easements, and abutting streets, c. Location and dimension of all on -site structures and the location of any structures within fifteen feet (15') of the subject property or which may be affected by the proposed work, d. Accurate existing and proposed contour lines drawn a five foot (6), or less, intervals showing existing ground and details of terrain and area drainage to include surrounding off -site contours within one hundred feet (100') of the site, e. Location of natural drainage system, including perennial and intermittent streams, the presence of bordering vegetation, and flood plains. f. Setback areas and any areas not be disturbed, including the location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown. The method of tree protection during grading and construction shall be shown. If grade changes in the vicinity of the protected trees are necessary, the method of reconciling the drop line with the finished elevation shall be included (see RMC 4-4-130 Tree Retention and Land Clearing Regulations); g. Finished contours drawn at five foot (6) intervals as a result of grading, h. Proposed drainage channels and related construction with associated underground storm lines sized and connections shown, and i. General notes addressing the following (may be listed on the cover sheet): i. Area in square feet of the entire property. ii. Area of work in square feet. iii. Both the number of tons and cubic yards of soil to be added, removed, or relocated. iv. Type and location of fill origin, and destination of any soil to be removed from site. v. Finished floor elevation(s) of all structures, existing and proposed. 12. Definitions L: Landscaping Plan, Conceptual: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, parking areas, access and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Locations -and -size, and purpose of planting areas, including those required in RMC 4- 4-070 Landscaping; f. Location and height for proposed berming, g. Location and elevations for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., and h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities.. (Ord. 5100, 11-1-2004) i. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing Regulations). Landscaping Plan, Detailed: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, property lines, walks, parking areas, and access, and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five-foot (5') intervals or less, e. Detailed grading plan, f. Locationj arid -dimensions, and purpose of all planting areas (the width of a landscaping area when curbed shall be measured from inside to inside of the curbs).includin those hose required in RMC 4-4-070 Landscaping: g. Location and height for proposed berming, 19 h. Locations, elevations, and details for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., i. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, i. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing Regulations). jk. Names of existing and proposed vegetation, and kl. Detailed planting plan (soil mix, planting depth and width, and bark mulch depth). (Ord. 5100, 11-1-2004) 21. DEFINITIONS T Tree Cu iingRetention/Land Clearing (Tree Inventory) Plan: A full dimensional plan, drawn by a professional arborist, landscape architect, or other similarly qualified professional. based on finished grade, drawn to at the same scale as the project site plan with the northern property line at the top of the paper clearly showing the following: a. All property boundaries and adjacent streets, b. Location of all areas proposed to be cleared, c. Types Species and sizes of vegetation to be removed, altered or retained and the boundaries and predominant species of stands of trees consisting of five (5) or more trees. This requirement applies only to trees, six inch (6") caliper, "at elhest level° and larger fifty-four inches (54') above grade, and the location size andspecies of all protected trees on the site. d. Future building sites and drip lines of any trees which will overhang/overlap a construction line, and e. Location and dimensions of rights -of -way, utility lines, fire hydrants, street lighting, and easements. f. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan. q. For allowed activities, including allowed exemptions, modifications, and variances, show all trees proposed to be removed in priority tree retention areas: slopes twenty five percent 25% to thirtV nine percent 39% high or very high landslide areas. and high erosion hazard areas. h. Show trees to be removed in protected critical areas: wetlands, Shorelines of the State streams and lakes, floodwa s. flood lain slopes forty percent 40% or greater, very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical areas regulations in RMC 4-3-05005, Specific Exemptions. 20 i. Show all trees to be retained in critical area buffers. i. In all other areas of the site. trees to be removed may be indicated generally with clearing limit lines except for protected trees. The location size and species of all protected trees on a site shall be shown. The plan shall also show the planned replacement trees in accordance with RMC 4-4-130-H1e and any planned replanting areas in accordance with RMC 4-4-130- H1f. (Amd. Ord. 4963, 5-13-2002; Ord. 5137. 4- 25-2005 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS: A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the tree Gutting -retention and land clearing regulations in RMC 4-4-130. B. AUTHORITY: The City's Development Services Division Director, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. C. APPLICABILITY, EXEMPTIONS, AND PROHIBITED ACTIVITIES: 1. General Applicability: The regulations of this Section apply to any developed, partially developed or undeveloped property where routine vegetation management activities are undertaken. a. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. b. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree cutt+ngremoval, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. c. Tree CuttingRemoval — Solar Access or Pasture Land: A routine vegetation management permit is required for tree cuttingremoval in greater amounts than specified under partially exempt actions in RMC 4-4-130C2, Allowable Tree GutfingRemoval Activities, for any property where tree cuttingremoval is proposed without an associated land development permit. A routine vegetation management permit may be issued allowing tree wttingremoval only in the following cases: i. For purposes of allowing solar access to existing structures; or 21 ii. To create pasture land where agricultural activities are permitted uses in the zone. Any tree ^^ }removal activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with RMC 4-4-130D2, Restrictions for Critical Areas. 2. Exemptions: Refer to RMC 4-4-130C. 3. Prohibited Activities: Refer to RMC 4-4-130D. D. PROCEDURES AND REVIEW CRITERIA: Permits for routine vegetation management shall be processed as follows: 1. Submittal: An application for a routine vegetation management permit shall be submitted to the Development Services Division together with any necessary fees as required in chapter 4=1 RMC. 2. Information Required: A routine vegetation management permit application shall contain the information requested in RMC 4-8-120, Submittal Requirements — Specific to Application Type. 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Routine Vegetation Management Permit Conditions: The routine vegetation management permit may be denied or conditioned by the City to restrict the timing and extent of activities in order to further the intent of this Section including: a. Preserve and enhance the City's aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. e. Ensure that the proposal will be consistent with RMC 4-4-130D2, Restrictions for Critical Areas, and D3, Restrictions for Critical AreasNative Growth Protection Areas — Routine Vegetation Management Permits. f. Ensure that protected trees are retained, consistent with RMC 4-4-130 H. 5. Time Limits for Routine Vegetation Management Permits: Any permit for routine vegetation management shall be valid for one year from the date of issuance. An extension may be granted by the Development Services Division for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. E. APPEALS: 22 NW ,NOW Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management permit shall be made consistent with RMC 4-8-110, Appeals. F. VIOLATIONS AND PENALTIES: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005) 4-11-210 DEFINITIONS T TREE: Any living woody -plant charaGter zea and many branches and having a caliper -of- six -+nches (6') or greater, or a multi-stamn-ted t�unl� _system with a -definitely formed co-own. A self-supportying woody plant characterized by one main trunk or. for certain species, multiple trunks, with a potential minimum trunk diameter at maturity of two inches (2") and a potential minimum height of ten feet (10'). TREE CUTTINGREMOVAL: The actual removal of the above ground plant material of a tree through chemical, manual or mechanical methods. 23 Attachment 3: Animalhpt�tegulations 1.WW CITY OF RENTON ISSUE MAR 1, 2 2007 RECEIVED CITY CLERK'S OFFICE • Should the City change the maximum allowable number of large animals per acre under the animal husbandry land use? • Should the determination for the conditional use of greater than the maximum number of allowed animals be changed from the Hearing Examiner to an Administrative Conditional Use? • Should the City strike the language regarding animal replacement and transferability, effectively allowing residents to replace animals and allow the use of property for animal husbandry to run with the land? RECOMMENDATION Staff recommends adopting code amendments that would allow two large animals per acre and the conditional use of greater number of animals to be determined by administrative decision to allow animal replacement and allow animal husbandry land use to remain an accepted use upon sale of the property. These changes reflect recommendations of the East Renton Plateau Citizens Task Force and better reflect the current animal husbandry practices that are occurring in the East Renton area. BACKGROUND SUMMARY Through the East Renton Plateau Citizens Task Force and comments at public meetings regarding the East Renton Plateau, an issue with City of Renton policy and standards for the number of animals allowable for animal husbandry with large animals was brought forward. Current City policy limits the number of large animals to one animal per acre. A point of concern regarding the welfare of large animals, which tend to be herd animals, was made. Additionally, it was expressed that the current City policy simply encourages residents to be non -compliant until such time that they are notified that they are not in compliance with City code. Currently, City code requires a Hearing Examiner public hearing in order to seek permission to keep greater than the allowable number of animals for animal husbandry. It was expressed that this adds a layer of inconvenience and cost to animal owners as they seek to comply with City Code and obtain a conditional use permit if they have more animals than the stated maximum animals. Further, the costs associated with appealing to the Hearing Examiner may discourage residents from following City code. The process and costs related to obtaining an Administrative Conditional Use is simplified and costs less for citizens. The section of code regarding non -conforming uses for the keeping of animals has a clause that does not allow animal replacement for grandfathered animals. It was expressed that this policy simply encourages animal owners to circumvent City policy by claiming that replacement animals are in fact the original animal. Elimination of this H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper animal regulations.doc Page I of 2 clause better accommodates animal owners and the historical use of their land for animal husbandry. The non -conforming use section also has a clause that does not allow a non- conforming use to remain with the property on which the use is occurring if the property is sold. This policy is not necessarily appropriate for lower density areas that have a history of land use with animal husbandry; it may unduly place higher density land use standards on such an area. CONCLUSION City of Renton code regarding animal husbandry is perceived as unfair. Amending code to allow two large animals per acre would demonstrate a better understanding of the nature of herd animals and the keeping of such animals. The East Renton Plateau is a Potential Annexation Area with a significant amount of lower density, R-4 and R-1, land use. If the area votes in favor of annexation, it is likely that many residents would not wish to be required to change their lifestyle and the historical use of their property for the purposes of animal husbandry. Amending the code to better accommodate this type of lower density land use is appropriate. H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper animal regulations.doc Page 2 of 2 a L 4-4-010 STANDARDS AND REVIEW CRITERIA FOR KEEPING ANIMALS: A. PURPOSE AND INTENT: Since the nature of growth generates greater competition by both humans and animals for available space, it is imperative that growth and the keeping of animals be located appropriately and managed effectively to ensure compatibility and harmony. In particular, animals need to be monitored to lessen the impacts of noise, odor, and potential nuisance not only on -site but more particularly to adjacent properties. Animal owners keep their animals for a variety of reasons including, but not limited to, companionship, affection and protection. In order that the keeping of animals may coexist harmoniously with adjacent and abutting uses, regulations are necessary. B. AUTHORITY: 1. Responsibility: Responsibility for enforcement of the provisions of this Section shall be as follows: a. Animal Control Officer: All those matters related to care, maintenance, and individual licensing. b. Development Services Division: All those matters concerning land use and zoning. Any doubt regarding responsibility will be administratively determined. C. APPLICABILITY: The keeping of animals by an owner/tenant where permitted in the zoning districts shall comply with the requirements of this Section. These regulations shall apply to existing and future cases where an owner/tenant is keeping animals. D. EXEMPTIONS: Household pets as defined in RMC 4-11-160 are a permitted use in all zones in the City and as such are not regulated by this Section provided they number three (3) or less. (Amd. Ord. 4999, 1-13-2003) E. PROHIBITED ANIMALS: See RMC 6-6-12. F. GENERAL REQUIREMENTS FOR KEEPING ANIMALS: 1. Residence: It is assumed that an animal owner either lives on the property where an animal is kept or has arranged with a tenant to care for the animal. 2. Shelter Location: Shelter shall be provided in clean structures located a minimum of twenty five feet (25') from any property line unless otherwise specified in RMC 4-4- 010G and H, Additional Requirements for Hobby Kennels (Four (4) to Eight (8) Animals), or Additional Requirements for Kennels (Nine (9) or More Animals). Private barns and stables shall be located a minimum of fifty feet (50') from any property line. All structures, corrals, feeding, exercising, training, riding or other facilities associated with commercial horse and pony boarding, riding stables, and schools shall be located a minimum of fifty feet (50') from any property line. 3. Confinement: All animals shall be kept and maintained in a manner which confines their movement and activity to the premises of the owner/tenant. 4. Health and Safety: All animals shall be kept in such a manner so as not to create any objectionable noise, odor, or otherwise cause to annoy or become a public nuisance to the health, safety or general welfare of any person. 5. Animal Waste: Animal waste shall be properly disposed of, and any accumulated animal waste must not be stored within the shelter setback area. Steps must be taken to minimize odor and the potential for the infestation of insects or the spread of disease. Any storage of animal waste must not constitute a nuisance as defined in chapter 1-3 RMC. 6. Fencing: Electric and barbed wire fences may be used to confine animals provided the conditions of RMC 4-4-040, Fences and Hedges, are met. G. ADDITIONAL REQUIREMENTS FOR HOBBY KENNELS (FOUR (4) TO EIGHT (8) ANIMALS): 1. Fencing Required: All open -run areas shall be surrounded by a six foot (6') fence located a minimum of ten feet (10') from all property lines. 2. Waste Removal: Provision shall be made for the removal of animal and food wastes, to keep the kennel free from the infestation of insects or rodents or disease, and from obnoxious or foul odors. 3. Shelter Location: Shelter shall be provided in clean structures located only in the rear yard unless the Development Services Division, based upon information provided by an owner/tenant, determines that a side yard would be a better location for the shelter. The shelter shall be located ten feet (10') from side and rear property lines. 4. Hobby Kennel License: A hobby kennel license is required per RMC 4-9-100. H. ADDITIONAL REQUIREMENTS FOR KENNELS (NINE (9) OR MORE ANIMALS): 1. Shelter: Shelter shall be provided for animals in clean structures which shall be kept structurally sound, maintained in good repair, contain the animals, and restrict entrance of other animals. These structures, together with associated runs, shall be located a minimum of fifty feet (50') from any property line and must be located in a rear yard. 2. Food and Bedding: Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. 3. Waste Removal: Provision shall be made for the removal of animals and food wastes, bedding, and debris disposal in order to keep the kennel free from the infestation of insects, rodents, or disease and from obnoxious or foul odors. 4. Criteria for Indoor Kennel Facilities: Applicants for kennels must show that indoor facilities have a sufficient heating and cooling system to provide a moderate temperature throughout the year; a sufficient ventilation system to circulate the air; an adequate natural or artificial lighting system to allow inspection and cleaning at any time of the day and that interior wall and ceiling surfaces are constructed of materials which are resistant to the absorption of moisture and odors. 5. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be constructed to provide shelter from the weather and associated elements while providing sufficient space for animal movement and exercise. Adequate drainage must be provided to prevent water buildup and subsequent damage and to facilitate waste removal. Adequate fences or retaining walls must be constructed to contain animals and prevent intrusion by others. I. REVIEW CRITERIA FOR KENNELS AND HOBBY KENNELS: Special review criteria for all types of kennels to be considered by the Reviewing Official are included in RMC 4-9-100F. J. REVIEW CRITERIA FOR BOARDING AND STABLES: For uses such as commercial horse and pony boarding, riding stables, and schools the conditional use criteria of RMC 4-9-030 shall be applicable. K. BEEKEEPING: 1. Minimum Setback: Hives shall be located a minimum of twenty five feet (25') from an interior lot line, with the hive(s) entrance(s) facing away from the nearest property line. Hives shall be located a minimum of one hundred feet (100') from public and/or private rights -of -way or access easements. 2. Maintenance Standards: a. Hives shall be maintained to avoid overpopulation and minimize swarming, for example by requeening regularly, so as not to become a nuisance. b. Hives shall be marked or identified to notify visitors. L. NONCONFORMING USES: In cases where the keeping of animals does not comply with these regulations, the situation shall be classified as a nonconforming use. The ewner/tenant shall be allowed a-98b-). .0 NOW ..r i�STTdT_TS1:F1 _ _ M 33� L M. VIOLATIONS AND PENALTIES: 1. Compliance with Current Code Regulations: In those situations where the keeping of animals does not comply with these regulations and the situation is not classified as a nonconforming use, then the owner shall have to comply with the Code regulations. 2. Fines: Violation of land use permits granted are subject to fines established in this Code. All other violations of police regulations shall be administered in accordance with Chapter 6-6 RMC, Animals and Fowl at Large. (Ord. 3927, 7-15-1985; Ord. 4351, 5-4-1992; Amd. 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Cli -Z Q) 0-4 c cc cz > r "a ID X C4 > v > cn 0.* Q ct = = ;11 In cl, C�i ao E Ca cn t t fcg cl, ct En zs �n co C4-� k c EN PROPOSED CHANGES FOR TREE RETENTION- DRAFT March 2007 0 Formatted: Heading 3, Indent: Left: 4-4-070 LANDSCAPING:_ 011 Formatted: Font: Bold D. GENERAL LANDSCAPE REQUIREMENTS: 1. Street Frontage Landscaping Required: On -site landscaping is generally required along all street frontages, with the exception of areas of pedestrian walkways and driveways. 2. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment as appropriate. Landscaping may include hardscape such as decorative paving, rock outcroppings, fountains, plant containers, etc. 3. Residential Rear/Side Yard/Landscaping Along Streets: When rear or side yards are along property lines abutting a street, there shall be a minimum five-foot (5') planting area in the public right-of-way. This will necessitate setting any future fencing back from the edge of the right -or -way so that the landscaping is visible from the street. Landscaping is required prior to occupancy. Maintenance of such areas shall be the responsibility of the property owner(s). The maintenance requirement may necessitate provision of a gate in the fence to access the planting area. 4. Compliance with Zone Standards Required: See specific zone requirements listed in chapter 4=2 RMC. 5. Parking Lot Landscaping Requirements: Parking lot landscaping requirements are listed in RMC 4-4-080F7. 6. (Rep. by Ord. 5153, 9-26-2005) Deleted: where practical if the quality is equal to or better than available nursery stock. ¶ a. Existing Trees: When a survey of 7. Use of Existing Plant Material: Existing trees and other vegetation on the site of a existing trees is required (see RMC 4- 8-120, Submittal Requirements), the proposed development shall be used to augment new plantings survey or inventory of trees shall include the name, size, and location of all trees greater than six inches (6") in diameter at four feet (4') above ground elevation. The boundaries and predominant species of stands of trees consisting of five (5) or more trees six inches (6") in diameter at 8. Use of Drought -Resistant Plants: Incorporation of drought -resistant plants into the four feet (4') above ground elevation shall be indicated thereon. ¶ landscape is encouraged. b. Trees to Be Retained: Trees existing on a development site that 9. Avoidance of Hazards: All landscaping shall be planned in consideration of the public P 9 P p retained shall be indicated are h clearing on the clearing and grading plan, health, safety, and welfare. conceptual landscape plan, and on the detailed landscape plan. Such a. Landscaping shall not intrude within the clear vision area at driveways and street p g y trees shall have the approximate drip line shown. The grading and clearing Intersections. plan shall indicate methods of tree protection during construction for all b. Trees planted near overhead power lines shall be species that will not eventually,_ trees to be retained. If grade changes appear necessary, the method of such lines. reconciling the finished elevation within the drip line shall be included. Deleted: interfere with c. Landscaping shall not obscure fire hydrants or access for emergency -response vehicles. d. Avoid planting trees that may damage sidewalks. 10. Preservation of Unique Features:_, features within the site shall be preserved and incorporated into the site development design (such as significant vegetation and rock outcroppings). 12. Slopes: Stripping of vegetative slopes where harmful erosion and run-off will occur shall be The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed within thirty (30) days of grading completion and prior to a request for final project approval. Where slopes are not subject to erosion due to the erosion -resistant character of the materials such protection may be omitted with the permission of the Public Works Department, provided that this protection is not required by the rehabilitation plan. 13. Erosion Control Devices: Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety and control the rate of water run-off. 14. Permanent Underground Irrigation System Required: a. Underground irrigation systems shall be installed and maintained in good working order in all landscaped areas of industrial, commercial, and multi -family development, and landscaped common areas in single family subdivisions. Deleted: If practicable, unique Deleted: 11. Green River Valley Landscaping Requirements: Any development in the Green River Valley shall provide a minimum of two percent (2%) of the total site for landscaping suitable for wildlife habitat. These areas should not be dispersed throughout a site, but should be aggregated in one portion of the property. Where possible, the required two percent (2%) landscaping for adjacent properties should be contiguous. This landscaping is in addition to any other andscaping requirements by this Section or any other regulation. A drainage swale, planted with vegetation suitable for habitat, may be counted toward the two percent (2%) additional landscape requirement if the Reviewing Official determines that the proposed planting plan and swale design will function to meet the intent of these regulations, including, but not limited to, that the facility slope and fencing design would not inhibit wildlife use. The , following map depicts the boundaries of this area:¶ b. The irrigation system shall provide full water coverage of the planted areas as _ ••• [11 specified in the plan. Deleted: avoided c. The irrigation system maintenance program shall include scheduled procedures for winterization. d. Exceptions: Landscape plans featuring one hundred percent (100%) drought tolerant plants or landscaping already established without irrigation systems are exempt from installation of permanent irrigation system, but drought tolerant proposals must provide supplemental moisture by means of a City -approved temporary irrigation system for a period not less than two (2) years. The applicant must provide a maintenance security device for a period of three (3) years from the date of approval of landscape installation to ensure survival of plants. H. AMENDED LANDSCAPING PLAN: 1. Modification of Landscape Plans: In the event there are significant physical elements that are discovered after preliminary plan approval that may prevent installation of the landscaping as proposed, the landscape plan may be modified upon request to the Development Services Director. Such request must be accompanied by the following: a. Copy of original, approved landscape plan. b. An amendment plan meeting requirements of RMC 4-8-120D12, Landscape Plan, detailed. c. Narrative describing and justifying proposed changes. 2. Acceptability of Requested Modifications: The plans may be approved, denied or returned to the applicant with suggestions for changes that would make them acceptable 3. Failure of Plan to Meet Intent: The Development Services Director may initiate revisions to an approved landscape plan, prior to release of, device, if the installed landscaping Deleted: an assurance has failed to meet the intent of City landscape requirements. K. DAMAGED LANDSCAPING: Upon request of the City, any landscaping required by City regulations that is damaged must be replaced with like or better landscaping as determined by the Development Services Director. See also "Specific Landscape Requirements, Trees" herein. (Ord. 3718, 3-28-1983; Ord. 4832, 3-6-2000; Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004) 4-4-130 TREE, AND LAND CLEARING REGULATIONS: Deleted: CUTTING A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of Deleted: and associated significant trees ', , 11,r+ . The purposes of these regulations are to: vegetation 1. Preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees and ground cover; Deleted:. Promote building and site planning practices that are consistent 2. Implement and further the goals and policies of the City's Comprehensive Plan for the with the City's natural topographical en space, wildlife habitat, vegetation, resources, surface drainage, environment, open P 9 9 and vegetative features while at the same time recognizing that certain watersheds, and economics; factors such as condition (e.g., disease, danger of falling, etc.), 3 proximity to existing and proposed structures and improvements, interference with utility services, Promote land development practices that result in minimal adverse disturbance to existing protection of scenic views, and the vegetation and soils within the City realization of a reasonable enjoyment _ of property may require the removal �'- of certain trees and ground cover; „ .., - - Deleted: 4. Ensure prompt development, restoration, and replanting, and effective erosion control of property during and after Minimize surface water and groundwater runoff and diversion, and aid in the stabilization of s nd clearing;¶ soil, and to minimize erosion and sedimentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils; Deleted: ; Deleted: 6 Retain clusters of trees for the abatement of noise and for wind protection, and Deleted: 7 =- Deleted: ; ktt Deleted: 8. Recognize that trees and (Ord. 5137, 4-25-2005) ground cover reduce air pollution by producing pure oxygen from carbon dioxide. B. APPLICABILITY: The regulations of this Section apply to any developed, partially developed or undeveloped property where land development or routine vegetation management activities are undertaken. (Ord. 5137, 4-25-2005) Deleted: ALLOWABLE C. TREE,ACTIVITIES: Deleted: CUTTING Tree and associated use of mechanical equipment is permitted as follows, except as Deleted: cutting provided in subsection D2 of this Section, Restrictions for Critical Areas, and in RMC 4-3-110E5b, Urban Separator Overlay Regulations. 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, damaged, or dangerous ground cover or trees which have been certified as such by a forester, registered landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required, or the removal of which is approved by the City. 3. Maintenance Activities/Essential Tree Removal — Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights -of -way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: , ., of only those trees which are planted Deleted: Clearing or cutting and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected, in which case see subsections C12 and C13 of this Section. 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the following requirements: a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D2 of this Section, Restrictions for Critical Areas, on the subject property. In every case, impacts shall be minimized and disturbed areas restored. Deleted: Cutting b. In every location where site investigative work is conducted, disturbed areas shall be Deleted: Tree cutting minimized, and immediately restored. - Deleted: ,except as provided in c. A notice shall be posted on the site by the property owner or owner's agent indicating subsection D2 of this Section, Restrictions for critical Areas: that site investigative work is being conducted, and that the work must minimize Deleted: a. On a developed lot or on disturbance to the critical areas identified in subsection D2 of this Section, Restrictions for a partially developed lot less than Critical Areas. one-half (1/2) of an acre, any number of trees may be removed;¶ d. No site investigative work shall commence without first notifying the Director or his or b. On a partially developed lot greater than one-half (1/2) of an acre or on an her designee in advance. undeveloped lot; provided, that:$ 9. Allowable Minor Tree,e Activities: Deleted: -and associated use of mechanical Deleted: ii. equipment is permitted as follows - .. No more than three (3) trees are removed in any twelve (12) month period from a property under thirty five thousand (35,000) square feet in size; and No more than six (6) trees are removed in any twelve (12) month period from a property thirty five thousand (35,000) square feet and greater in size. Deleted: Rights -of -Way Unobstructed: In conducting minor tree. ; activities, rights -of- Formatted: Indent: Left: 0.5' way shall not be obstructed ' a Deleted: Ill. 10. Landscaping or Gardening Permitted: Deleted: cutting Deleted: . ,Land clearing in conformance with the provisions of subsection C9 rt `,' ., t ' ? Minor Deleted: Land clearing in Tree Activities, and subsection D2 of this Section, Restrictions for Critical conformance with the provisions of Areas, is ermitted,for purposes of landscaping or gardening; provided, that no P P P P 9 9 9; P subsection in of this Section, Allowable Minor Tree Cutting mechanical equipment is used. Activities, and subsection D2, Restrictions for Critical Areas, is 11. Operational Mining/Quarrying: Land clearing and tree, _ associated with permitted on a developed lot for purposes of landscaping or previously approved, operational mining and quarrying activities. gardening. Formatted: Indent: Left: 0.75" 12. Modification of Existing Utilities and Streets, by Ten Percent (10%) or Less Deleted: Allowable 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right -of- Deleted: Cutting Way or Easements: Within existing improved public road rights -of -way or easements, Deleted: on a partially developed or installation, construction, replacement, operation, overbuilding, or alteration of all natural gas, undeveloped lot cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or Deleted: cutting appurtenances, traffic control devices, illumination, walkways and bikeways. If activities Deleted: (not otherwise exempted exceed the existing improved area or the public right-of-way, this exemption does not apply. by RMC 4-3-05oC7) .-,estoration of disturbed areas shall be completed. (Ord. 4851, 8-27-2000; Ord. 5132, 4-4- Deleted:: See RMC 4-3-050C for 2005; Ord. 5137, 4-25-2005) conditions. Deleted: Where applicable, D. PROHIBITED ACTIVITIES: Deleted: r 1. Prohibited Activities: There shall be no tree, or land clearing on any site for the Deleted: cutting sake of preparing that site for future development unless a land development permit, _ for the site has been approved by the City. 2. Restrictions for Critical Areas — General: Unless exempted by critical areas, RMC 43- 05005 or Shoreline Master Program regulations, RMC 4-3-090, no tree or land Deleted: cutting clearing, or groundcover management is permitted: a. On portions of property with protected critical habitats, per RMC 4-3-050K; streams and lakes, per RMC 4-3-050L; Shorelines of the State, per RMC 4-3-090, Renton Shoreline Master Program Regulations; and wetlands, per RMC 4-3-050M; and their associated buffers; b. On protected slopes except as allowed in this Section or in the Critical Areas Regulation, RMC 4-3-050; or c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. 3. Restrictions for Native Growth Protection Areas: Tree, J_or land clearing shall Deleted: Buffer requirements shall - be consistent with the critical area (Ord. 5137, 4 25- regulations. Tree cutting or land clearing shall be consistent with 2005) established native growth protection area requirements of RMC 43- E.; 050E4.¶ Deleted: cutting The;'..' :: , is hereby authorized and directed to Deleted: be consistent with interpret and enforce all the provisions of this Section established native growth protection area requirements of RMC 43- 050E4. (Ord. 5137, 4-25-2005) Deleted: AUTHORITY AND INTERPRETATION Deleted: City's Development Services Division Director Deleted: , or his duly authorized �r . representative, Formatted: Indent: Left: 0.25" F. PERMITS REQUIRED: 1. Land Development Permit: An approved land development permit is required in order to conduct tree, or land clearing on any site for the Deleted: cutting sake of preparing that site for future development. 2. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management .`.'' on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. 3. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree, landscaping, or gardening on Deleted: cutting developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. 4. Timber Stand Maintenance — Conditional Use Permit Required: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing maintenance and thinning beyond the limits allowed in subsections subsection C9 of this Section, Allowable Minor Tree Activities, shall be considered as a conditional use permit by the Hearing Examiner Deleted: Cutting according to the following criteria in lieu of standard conditional use permit criteria: a. Appropriate approvals have been sought and obtained with the State Department of Natural Resources: and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections H2, Applicability, Performance Standards and Alternates, and H3, General Review Criteria, of this Section; and d. Thinning activities shall be limited to less than forty percent (40%) of the volume and trees. 5. Tree ` — Solar Access or Pasture Land: A routine vegetation management Deleted: Cutting permit is required for tree, in greater amounts than specified under partially exempt Deleted: cutting actions in subsection C9 of this Section, Allowable Minor Tree? ;; Activities, for any property where tree is proposed without an associated land development permit. A Deleted: Cutting routine vegetation management permit may be issued allowing tree only in the Deleted: cutting following cases: Deleted: cutting a. For purposes of allowing solar access to,Deleted: existing structures or b. To create pasture land where agricultural activities are permitted uses in the zone. Any tree activities shall be the minimum necessary to accomplish the purpose, and Deleted: cutting shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas. (Ord. 5137, 4-25-2005) Formatted: Font: 10 pt Formatted: pp2, Level 5, Indent: G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Left: 0.25", Space Before: 12 pt, After: 12 pt Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Formatted: Font: 10 pt Routine Vegetation Management Permits. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) Formatted: Font: 10 pt Formatted: Font: 10 pt H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: Formatted: Font: 10 pt, Bold Formatted: Font: 10 pt -- Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Indent: Left: 0.5", First line: 0", Space After: 6 pt Formatted: Font: 10 pt Formatted: Font: 10 pt r6= `z• Formatted: Font: 10 pt Formatted: Indent: Left: 0.75", First line: 0", Space After: 6 pt Formatted: Font: 10 pt '- Formatted: Font: 10 pt Formatted: Font: 10 pt - Formatted: Font: 10 pt r. Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Indent: Left: 0.5", First line: 0", Space After: 6 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt f Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: Not Bold • • Formatted: Indent: Left: 0.5" Formatted: Font: Not Bold Formatted: Indent: Left: 0" _ Deleted: cutting Deleted: Where it is not practicable to retain all trees on site due to a proposed development, the plan shall identify those trees which are proposed for removal. ¶ Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan. Trees shall be shown on the plan as follows: ¶ a. For allowed activities, including allowed exemptions, modifications, and variances, show all trees proposed to be cut in priority tree retention areas: slopes twenty five percent (25%) to thirty nine percent (39 %), high or very high landslide Plan Required: When a development permit is areas, and high erosion hazard areas.1 submitted to the City it shall be accompanied by a tree, and land clearing plan. b. Show trees to be cut in protected Applicability, Performance Standards and Alternates: All land clearing and tree critical areas: wetlands, Shorelines of the State, streams and lakes, activities shall conform to the criteria and performance standards set forth in this floodways, tloodplain slopes forty Section unless otherwise recommended in an approved soil engineering, engineering percent (40%) or greater, very I .., [21 geology, hydrology or forest management plan and where the alternate procedures will be Formatted: Not Highlight equal to or superior in achieving the policies of this Section. All land clearing and tree Formatted: Not Highlight Deleted: cutting n activities may be conditioned to ensure that the standards, criteria, and purpose of Deleted: cutting this Section are met. Deleted: 3 General Review Criteria: All land clearing and tree. activities shall ;3 ..: Formatted: Not Highlight meet the following Deleted: cutting criteria: Formatted: Not Highlight a. The land clearing and tree will not create or contribute to landslides, Deleted: cutting accelerated soil creep, settlement and subsidence or hazards associated with strong Deleted: significantly ground motion and soil liquefaction. Deleted: coning b. The land clearing and tree; will not create or,contribute to flooding, erosion, or Deleted: significantly increased turbidity, siltation or other form of pollution in a watercourse. Deleted: cutting Deleted: cutting c. Land clearing and tree, will be conducted to maintain or provide visual Deleted: cutting screening and buffering between land uses of differing intensity, consistent with - - applicable landscaping and setback provisions of the Renton Municipal Code. Formatted: Indent: Left: 0.5" Deleted: 4. Tree Preservation: d. Land clearing and tree shall be conducted so as to expose the smallest Trees shall be maintained to the maximum extent feasible on the practical area of soil to erosion for the least possible time, consistent with an approved property where they are growing. q build -out schedule and including any necessary erosion control measures. a. Ability to condition Plan: The City may require a modification of the e. Land clearingd tree. shall be consistent with subsection D2 of this Section, an land clearing and tree cutting plan or the associated land development plan Restrictions for Critical Areas, and RMC 4-3-050, Critical Areas Regulations. to ensure the retention of the maximum number of trees.¶ �,:. • b. Clearing — Conditions of Approval: The Department - .'t _`?` "_ �' _ •< �_ Administrator or designee may condition a proposal to restrict clearing outside of building sites, rights -of -way, utility lines and easements, to require sequencing and phasing of construction, or other measures, consistent with the permitted density and intensity' �31 Timing: The City may restrict the timing of the land clearing and tree; . activities to Formatted: Not Highlight specific dates and/or seasons when such restrictions are necessary for the public health, Formatted: Indent: Left: 0" safety and welfare, or for the protection of the environment. Formatted: Not Highlight Restrictions for Critical Areas: See subsection D2 of this Section, Restrictions for Critical Formatted: Font: Not Bold Areas — General, and RMC 4-3-050, Critical Areas Regulations. Deleted: s Deleted: cutting Tree/Ground Cover Retention: The following measures may be used by the; Deleted: s in conditioning a land development permit or building permit proposal,, to comply with the general review criteria of subsection Deleted: 7 Formatted: Not Highlight a. Trees shall be maintained to the maximum extent feasible on the property where they Formatted: Not Highlight are growing. Deleted: Department Administ ... [4]_' Deleted: per subsection H4 o" [51 Deleted: H3 b. The, may require1he applicant toreplace trees, provide interim Deleted: . erosion control, hydroseed exposed soils, or other similar conditions which would Deleted: City implement the intent of this Section. - Deleted: and/or allow Deleted: relocate or that shelter interior trees or trees on abutting properties from strong winds that Deleted: c. Priority shall be given to could otherwise cause them to blow down should be retained. retention of trees on sensitive slopes and on lands classified as having high Except in critical areas unless enhancement activities are being or very high landslide hazards, orhigh erosion hazards as classified in performed, the removal of trees on the following list should be allowed in order to avoid the critical areas regulations.¶ invasive root systems, weak wood prone to breakage, or varieties which tend to harbor d Insect pests: Deleted: Where feasible, trees Deleted: e i. All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Italics"), etc. ii. All Alnus species which includes red alder (Alnus oregona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. Deleted: , iii. Salix species which includes weeping willow (Salix babylonica), etc.jv. All Deleted: unless along a stream bank Platanus species which include London plane tree (Platanus acerifolia), American and away from paved areas.¶ sycamore, buttonwood (Platanus occidentalis), etc. Deleted: 8 Deleted: ¶ :. Protection Measures During Construction;Protection measures in ,, subsectlonshall apply a. Tree Protection Measures: for all trees are to be retained in areas,subject to construction. ._All of the following tree Formatted: Font: 10 pt protection measures shall apply: - Deleted: s H8b(i)through HSb(vi) of The applicant may not fill, excavate, stack or store this Section - any equipment, Formatted: Indent: Left: 0" or compact the earth in any way within the area defined Deleted: which by the drip line of any tree to be retained. Formatted: Font: 10 pt Deleted: immediately The applicant shall erect temporary construction fencing Deleted: These requirements may be waived pursuant to RMC 49- 250D, Modification Procedures, _ individually or severally by the City if the developer demonstrates them to be inapplicable to the specific on -site conditions or if the intent of the In addition, the applicant shall provide regulations will be implemented by supervision whenever equipment or trucks are moving near trees. another means with the same result. Deleted: ¶ If the grade level adjoining to a tree to be retained n. Drip Line: is to be raised, the applicant shall construct a dry rock wall or rock well around the Formatted: Font: 10 pt tree. The diameter of this wall or well must be equal to the tree's drip line. Deleted: i The applicant may not install Deleted: impervious surface material within the area defined by the drip line of any tree to be Deleted: ii retained. Deleted: and maintain rope barriers, 71 The ` g rode level Deleted: , or place bales of hay on the drip line to protect roots around any tree to be retained may not be lowered within the greater of the following areas: (1) the area defined by the drip line of the tree, or (2) an area around the tree Deleted: iii equal to one in diameter for each one inch of tree caliper. Formatted: Not Highlight Formatted: Not Highlight Deleted: iv Deleted: v Deleted: foot Deleted: vi m The applicant shall retain qualified professional to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover which are to be retained. (Ord 5137, 4-25-2005) f I. VARIANCE PROCEDURES: The Ishall have the authority to grant variances from the provisions of this Section pursuant to RMC 4-8-070H and RMC 4-9-250. (Ord. 5137, 4-25- 2005) . VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, damaged or destroyed will constitute a separate violation, and the monetary penalty for each violat c shall be no less than the minimum penalty, and no greater than the maximum penalty of RMC 1-3-2D. 2. Additional Liability for Damage: In addition, any person who violates any provision of this Section or of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. Formatted: Font: 10 pt Formatted: pzp3, Indent: Left: 0.75" Deleted: a Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: Bold Formatted: Font: 10 pt Formatted: Indent: Left: 0" Formatted: Font: Bold Formatted: Indent: Left: 0.31" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.31" Formatted: Not Highlight Formatted: Indent: Left: 0" Deleted: ¶ Deleted: Hearing Examiner Deleted: J Deleted: ed tree Field Code Changed 3. Restoration Required: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures that shall be required as determined by the City. 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed replacement planting of a tree of equal size, quality and species or up to three (3) trees of the same species in the immediate vicinity of the tree(s) that was`.:° removed. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s) a Deleted: or minimum of, , inches;'") in caliper. Deleted: three 5. Stop Work: For any parcel on which trees and/or ground cover are improperly removed Formatted: Not Highlight and subject to penalties under this Section, the City shall stop work on any existing permits Deleted: and halt the issuance of any or all future permits or approvals until the property is fully Deleted: (3 restored in compliance with this Section and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005) 4-7-130 ENVIRONMENTAL CONSIDERATION — GENERAL REQUIREMENTS AND MINIMUM STANDARDS: 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 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 subdivider in creating an attractive and healthy environment. B ACTION NOT A TAKING: No action taken herein shall constitute a taking under the laws or constitution of the State or Federal government. C ENVIRONMENTAL CONSIDERATIONS: A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the 12 State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-05OJla, without adequate area at lesser slopes upon which development may occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 2. Native Growth Protection Area Easement and Minimum Lot Size: Native growth protection area easements may be included in the minimum lot size of lots created through the subdivision process; provided, that the area of the lot outside of the easement is sufficient to allow for adequate buildable area and yards. (Ord. 4835, 3-27-2000) 3. Tree ���!, 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. (Amd. Ord. 4835, 3-27-2000) TABLE 4-8-120 A Line under Submittal Requirements: Tree / Inventory/ Land Clearing Plan - Approved TABLE 4-8-120 B Line under Submittal Requirements: Tree / Inventory/ Land Clearing Plan- Approved TABLE 4-8-120C Submittal Requirement- Tree ;Vegetation Plan TYPE OF APPLICATIONIPERMIT Annexation (10 % Notice of Intent) Annexation (60 % Petition) Appeal Business License for Home Occupation Comp. Plan Map Amendment/Rezone Comp. Plan Text Amendment Conditional Approval Permit for a Nonconforming Structure Conditional Approval Permit for a Nonconforming Use 4 Conditional Use Permit (Administrative) 4 Conditional Use Permit (Hearing Examiner) 4 Environmental Review 13 Deleted: ¶ Deleted: s Deleted: Reasonable effort shall be made to preserve existing trees. (Amd. Ord. 4835, 3-27-2000) Deleted: Cutting Deleted: Cutting Deleted: Cutting *%W Environmental Review (Nonproject) 4 Grade and Fill Permit (Special) Kennel License Kennel License, Hobby Lot Line Adjustment 4 Master Site Plan (Overall) _Master Site Plan (Individual Phases)) 4 Mobile Home Park, Preliminary Mobile Home Park, Final Modification/Alternate Request _Plat, Final 4 Plat, Preliminary/Binding Site Plan PUD, Preliminary PUD, Final Rebuild Approval Permit for a Nonconforming Structure Rebuild Approval Permit for a Nonconforming Use Rezone 4 Routine Vegetation Management Permit Shoreline Exemption 4 Shoreline Substantial Development Permit 4 Shoreline Conditional Use Permit 4 Shoreline Variance 4 Short Plat, Preliminary Short Plat, Final/Binding Site Plan 4 Site Plan 4 Special Permit 4 Temporary Use Permit Variance Waiver Critical Area Permit 7. Definitions G: Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State of Washington licensed landscape architect at a scale of one inch to forty feet (1" to 40') (horizontal feet) and one inch to ten feet (1" to 10') (vertical feet) (or other size plan sheet or scale approved by the Development Service Division Plan Review Supervisor) clearly indicating the following: a. Graphic scale and north arrow. b. Dimensions of all property lines, easements, and abutting streets, c. Location and dimension of all on -site structures and the location of any structures within fifteen feet (15') of the subject property or which may be affected by the proposed work, d. Accurate existing and proposed contour lines drawn a five foot (5), or less, intervals showing existing ground and details of terrain and area drainage to include surrounding off -site contours within one hundred feet (100') of the site, e. Location of natural drainage system, including perennial and intermittent streams, the presence of bordering vegetation, and flood plains. f. Setback areas and any areas not be disturbed, i 14 Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" g. Finished contours drawn at five foot (5') intervals as a result of grading, h. Proposed drainage channels and related construction with associated underground storm lines sized and connections shown, and i. General notes addressing the following (may be listed on the cover sheet): i. Area in square feet of the entire property. ii. Area of work in square feet. iii. Both the number of tons and cubic yards of soil to be added, removed, or relocated. iv. Type and location of fill origin, and destination of any soil to be removed from site. v. Finished floor elevation(s) of all structures, existing and proposed. 12. Definitions L: Landscaping Plan, Conceptual: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, parking areas, access and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Location size of planting areas, Deleted: and f. Location and height for proposed berming, g. Location and elevations for any proposed landscape -related structures such as arbors, Deleted: and gazebos, fencing, etc., h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to Deleted: . proposed and existing utilities, (Ord. 5100, 11-1-2004) LL Landscaping Plan, Detailed: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, property lines, walks, parking areas, and access, and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five-foot (5') intervals or less, e. Detailed grading plan, f. Location dimensions of ,_planting areas (the width of a landscaping area when curbed shall be measured from inside to inside of the curbs)= g. Location and height for proposed berming, h. Locations, elevations, and details for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., i. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, Names of existing and proposed vegetation, and Detailed planting plan (soil mix, planting depth and width, and bark mulch depth). (Ord. 5100, 11-1-2004) 21. DEFINITIONS T Tree /Land Clearing (Tree Inventory) Plan: A .! plan, based on finished grade, drawn,: scale_ with the northern property line at the top of the paper clearly showing the following: a. All property boundaries and adjacent streets, 16 Deleted: and Deleted: , Deleted: ¶ I Deleted: k Formatted: Font: Not Bold Deleted: Cutting Deleted: to b. Location of all areas proposed to be cleared, C. and sizes of vegetation to be removed, altered or retained Deleted: Types This Deleted: . requirement applies only to trees, six inch (6") caliper, and larger -"` Deleted: "at chest level" d. Future building sites and drip lines of any trees which will overhang/overlap a construction line, and e. Location and dimensions of rights -of -way, utility lines, and easements. 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS: A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the tree Deleted: cutting and land clearing regulations in RMC 4-4-130. B. AUTHORITY: The City's Development Services Division Director, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. 17 C. APPLICABILITY, EXEMPTIONS, AND PROHIBITED ACTIVITIES: 1. General Applicability: The regulations of this Section apply to any developed, partially developed or undeveloped property where routine vegetation management activities are undertaken. a. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. b. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree _ :I ,_, landscaping, or Deleted: cutting gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. c. Tree. —Solar Access or Pasture Land: A routine vegetation management Deleted: Cutting permit is required for tree, .,.,, in greater amounts than specified under partially Deleted: cutting exempt actions in RMC 4-4-130C„ Allowable Tree, j Activities, for any property where tree, ' is proposed without an associated land development permit. A Deleted: 2 routine vegetation management permit may be issued allowing tree, only in the Deleted: cutting following cases: Deleted: cutting i. For purposes of allowing solar access to existing structures; or Deleted: cutting ii. To create pasture land where agricultural activities are permitted uses in the zone. Any tree activities shall be the minimum necessary to accomplish the purpose, Deleted: cutting and shall be consistent with RMC 4-4-130D2, Restrictions for Critical Areas. 2. Exemptions: Refer to RMC 4-4-130C. 3. Prohibited Activities: Refer to RMC 4-4-130D. D. PROCEDURES AND REVIEW CRITERIA: Permits for routine vegetation management shall be processed as follows: 1. Submittal: An application for a routine vegetation management permit shall be submitted to the Development Services Division together with any necessary fees as required in chapter 41 RMC. 2. Information Required: A routine vegetation management permit application shall contain Formatted: Not Highlight the information requested in RMC 4-8-120, Submittal Requirements — Specific to Application Type. 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Routine Vegetation Management Permit Conditions: The routine vegetation management permit may be denied or conditioned by the City to restrict the timing and extent of activities in order to further the intent of this Section including: 9.9 C!M a. Preserve and enhance the City's aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. e. Ensure that the proposal will be consistent with RMC 4-4-130D2, Restrictions for Critical Areas, and D3, Restrictions for ' .' — Routine Vegetation Management Permits. 5. Time Limits for Routine Vegetation Management Permits: Any permit for routine vegetation management shall be valid for one year from the date of issuance. An extension may be granted by the Development Services Division for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. E. APPEALS: Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management permit shall be made consistent with RMC 4-8-110, Appeals. F. VIOLATIONS AND PENALTIES: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005) 4-11-210 DEFINITIONS T TREE:, TREE : The actual removal of the above ground plant material of a tree through chemical, manual or mechanical methods. IVE Deleted: Critical Areas Deleted: Any living woody plant characterized by one main stem or trunk and many branches and having a caliper of six inches (6") or greater, or a multi -stemmed trunk system with a definitely formed crown. Deleted: CUTTING Formatted: Indent: Left: 0", First line: 0" IT W L[] Cli Cc7 La7 y C-0.. CA CA OA S C C C C •6 : v •o ' � I 'c v sue+ i ate+ ' ate+ i N v v v v v v d d v v d d u � L u M � A xt Uj �D V� xt n �D y O U U CG a a. a U a d d � L u � Q � � v o -o v E E E E U U C4 a a n U a Q d �o 0 u Q 4t b 7k �D U vOi ZD ti � � ti vui � O — n U v� N ai 0. ❑O.SO. . U 0. ¢ d d� � C �O O M 4 r O ti y vUi CC > U N > •� u -o •v -o .On •o �' �_ o �_ o L 40 L L A L 4. y •� L CO y0 L L L � Li O > LO' •C _ ce - � eo a x•= m x =o� �;£ Q x O •_ u O Q � Q E C Q L � C.7 u 0.1 v �, y .`�. Z. C ai � W O ram+ � k 4$� e— - 3 }\/ \ %\ CJ \ \cz \ƒ / ƒ \ \ \ ` ® \)/ EEC & 2\{ s o) } \ 5 z\ \ EE k \ } mE —� =tQ \/ N ro— a — f\/ o�\ ^/2 \) & t5 /uin. 1Ea (,3E00 j\\ ƒ§\003 °�*2 37f/Gz ®//) 2\§\ \\\%Q)\ 4-2-11 OD CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS 1. a. Phasing, shadow platting, or land reserves may be used to satisfy the minimum density requirements if the applicant can demonstrate that the current development would not preclude the provision of adequate access and infrastructure to future development and would allow for the eventual satisfaction of minimum density requirements through future development. b. In the event the applicant can show that minimum density cannot be achieved due to lot configuration, lack of access, environmental or physical constraints, minimum density requirements may be waived by the Reviewing Official. 2. Use -related provisions are not variable. Use -related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 3. Clustering is allowed to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service. Within designated urban separators, clustering is required, consistent with the provision of RMC 4-:i-'110, Urban Separator Overlay Regulations. a. The maximum net density requirement shall not be exceeded except that within urban separators a density bonus may be granted allowing the total density to achieve one dwelling unit per gross contiguous acre for projects that meet the following criteria: (i) Provision of native vegetation cover on sixty-five percent (65%) of the gross area of all parcels in the land use action, including both the area within and outside the open space corridor, with either existing or new vegetative cover, and at least one of the following additional criteria: (A) Enhancement of wetlands is provided at a ratio of one-half (1/2) acre enhanced for one acre delineated within the urban separator pursuant to RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands Chosen for Enhancement. Enhancement proposed for a density bonus may not also be used for a mitigation for other wetland alterations. Now (B) Legal nonconforming uses are removed from the site and/or brought into conformance with Renton standards. (C) Natural surface pedestrian trails, with public access, are provided as part of an adopted trail system or, where there is no planned trail system, in a configuration approved by the Reviewing Official. (D) In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be required to the satisfaction of the Reviewing Official. (ii) Parcels within the urban separator may be combined into larger contiguous holdings to allow platting to achieve bonus density; however, existing legal lots shall not be reduced in land area for the purpose of transferring density unless such lots are included in a proposed plat. b. The area of individual lots shall not be less than ten thousand (10,000) square feet. 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project twenty four inches (24") into any setback; provided, such projections are: (i) Limited to two (2) per facade. (ii) Not wider than 10'. b. Fences: See RMC 4-4-040. c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. d. Eaves: Eaves and cornices may project up to twenty four inches (24") into any required setback. 5. In order to be considered detached, a structure must be sited a minimum of six feet (6') from any residential structure. 6. A front yard setback of less than twenty feet (20') is allowed if equal to or greater than the average of the front yard setback of the existing, abutting primary structures; however, in no case shall a minimum setback of less than twenty feet (20') be allowed for garages which access from the front yard street(s). 7. For pre-existing legal lots having less than the minimum lot width required by this Section, the following chart shall apply for determining the required minimum side yard width along a street: WIDTH OF EXISTING, LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RC ZONE 150 feet or less 25 ft. R-1 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 51 ft. 11 ft. 51.1 to 52 ft. 12 ft. 52.1 to 53 ft. 13 ft. 53.1 to 54 ft. 14 ft. 54.1 to 55 ft. 15 ft. 55.1 to 56 ft. 16 ft. 56.1 to 57 ft. 17 ft. 57.1 to 58 ft. 18 ft. 58.1 to 59 ft. 19 ft. 59.1 and greater 20 ft. R-4 or R-8 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 52 ft. 11 ft. 52.1 to 54 ft. 12 ft. 54.1 to 56 ft. 13 ft. ,"W W 56.1 to 58 ft. 14 ft. 58.1 or greater 15 ft. However, in no case shall a structure over forty two inches (42") in height intrude into the twenty -foot (20) clear vision area defined in RMC 4-1 1 030. 8. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020. 9. "Public Suffix" (P) properties are allowed the following height bonus: Publicly owned structures shall be permitted an additional fifteen feet (15') in height above that otherwise permitted in the zone if "pitched roofs," as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, the height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five feet (75') to the highest point of the building: a. When abutting a public street, one additional foot of height for each additional one and one-half feet (1-1/2') of perimeter building setback beyond the minimum street Deleted: In order to serve as a setback required; and/or transition between the lower density R-4 Zone and higher density b. When abutting a common property line, one additional foot of height for each additional development, "s two feet (2') of perimeter building setback beyond the minimum required along a Deleted: s" common property line. Deleted: six hundred feet (soda) of 10. mall lot cluster, of up to a maximum of fifty (50) lots shall be allowed within the ` Deleted: Single Family Land Use when at least thirty percent (30%) of the site is permanently set aside as "significant open Designation as shown on the Land Use Map of the Comprehensive Plan space." Such open space shall be situated to act as a visual buffer between small lot - clusters and other development in the zone. The percentage of open space required may Deleted: Special architectural features shall be provided on all be reduced by the reviewing official to twenty percent (20%) of the site when: dwelling units in small lot clusters. a. Public access is provided to open space; These shall include decorative hip or gable roofs with a pitch equal to or b. Soft surface trails are provided within wetland buffers; and greater than one to two (1:2), windows and doors with decorative c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and trim at least four inches (4") in width, enhanced to allow passive and/or active recreation. and eaves projecting at least eighteen inches (18") from the face of the building on at least seventy five All portions of a site that are not dedicated to platted single family lots I . percent (75 i) of the buildings exterior perimeter with horizontal shall be set in a separate tract and/or tracts to preserve existing viable stands of fascia at least ten inches (10") deep on all sides of the structure. `4.. trees or other native vegetation Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, 11. Lot size, width, and depth may be reduced by the Reviewing Official when, due to lot configuration or access, four (4) dwelling units per net acre cannot be achieved. The reduction shall be the minimum needed to allow four (4) dwelling units per net acre and shall be limited to the following minimum dimensions: Lot size - seven thousand two hundred (7,200) sq. ft. Lot width - sixty feet (60'). Lot depth - seventy feet (70'). 12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also be reduced by the Reviewing Official. Setback reductions shall be limited to the following: Front - twenty feet (20'). Side yard along a street - fifteen feet (15') primary structure, twenty feet (20') attached garage with access from the side yard. Side - Minimum side yard combined setback - fifteen feet (15'). Minimum for one yard - five feet (5'). 13. For properties vested with a complete plat application prior to November 10, 2004, and for the Mosier II, Maplewood East and Anthone, the following standards apply. Vested plats must be developed within five (5) years of preliminary plat approval and/or annexation. Maximum density - five (5) dwelling units per net acre. Minimum lot size - seven thousand two hundred (7,200) sq. ft. Minimum lot width - sixty feet (60') for interior lots, seventy feet (70') for corner lots. Minimum lot depth - seventy feet (70'). Minimum front yard -fifteen feet (15') for the primary structure, twenty feet (20') for an attached or detached garage. For a unit with alley access garage, the front yard setback for the primary structure may be reduced to ten feet (10') if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. Deleted: . Deleted: landscaping designed to replace the functions of existing trees is required. Deleted: ¶ Minimum side yard along a street — fifteen feet (15'). Minimum side yard — five feet (5'). 14. Covenants filed as part of any final plat shall establish that future division of land within the plat must be consistent with the maximum density requirements as measured within the plat as a whole as of the time of future division. (Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004; Ord. 5132, 4-4-2005; Ord. 5153, 9-26- 2005) 4-4-010 STANDARDS AND REVIEW CRITERIA FOR KEEPING ANIMALS: A. PURPOSE AND INTENT: Since the nature of growth generates greater competition by both humans and animals for available space, it is imperative that growth and the keeping of animals be located appropriately and managed effectively to ensure compatibility and harmony. In particular, animals need to be monitored to lessen the impacts of noise, odor, and potential nuisance not only on -site but more particularly to adjacent properties. Animal owners keep their animals for a variety of reasons including, but not limited to, companionship, affection and protection. In order that the keeping of animals may coexist harmoniously with adjacent and abutting uses, regulations are necessary. B. AUTHORITY: 1. Responsibility: Responsibility for enforcement of the provisions of this Section shall be as follows: a. Animal Control Officer: All those matters related to care, maintenance, and individual licensing. b. Development Services Division: All those matters concerning land use and zoning. Any doubt regarding responsibility will be administratively determined. C. APPLICABILITY: The keeping of animals by an owner/tenant where permitted in the zoning districts shall comply with the requirements of this Section. These regulations shall apply to existing and future cases where an owner/tenant is keeping animals. D. EXEMPTIONS: Household pets as defined in RMC 4-11-160 are a permitted use in all zones in the City and as such are not regulated by this Section provided they number three (3) or less. (Amd. Ord. 4999, 1-13-2003) '*w. NOW E. PROHIBITED ANIMALS: See RMC 6-6-12. F. GENERAL REQUIREMENTS FOR KEEPING ANIMALS: 1. Residence: It is assumed that an animal owner either lives on the property where an animal is kept or has arranged with a tenant to care for the animal. 2. Shelter Location: Shelter shall be provided in clean structures located a minimum of twenty five feet (25') from any property line unless otherwise specified in RMC 4-4- 'i1 OG and H, Additional Requirements for Hobby Kennels (Four (4) to Eight (8) Animals), or Additional Requirements for Kennels (Nine (9) or More Animals). Private barns and stables shall be located a minimum of fifty feet (50') from any property line. All structures, corrals, feeding, exercising, training, riding or other facilities associated with commercial horse and pony boarding, riding stables, and schools shall be located a minimum of fifty feet (50') from any property line. 3. Confinement: All animals shall be kept and maintained in a manner which confines their movement and activity to the premises of the owner/tenant. 4. Health and Safety: All animals shall be kept in such a manner so as not to create any objectionable noise, odor, or otherwise cause to annoy or become a public nuisance to the health, safety or general welfare of any person. 5. Animal Waste: Animal waste shall be properly disposed of, and any accumulated animal waste must not be stored within the shelter setback area. Steps must be taken to minimize odor and the potential for the infestation of insects or the spread of disease. Any storage of animal waste must not constitute a nuisance as defined in chapter 1-3 RMC. 6. Fencing: Electric and barbed wire fences may be used to confine animals provided the conditions of RMC 4-4-040, Fences and Hedges, are met. G. ADDITIONAL REQUIREMENTS FOR HOBBY KENNELS (FOUR (4) TO EIGHT (8) ANIMALS): 1. Fencing Required: All open -run areas shall be surrounded by a six foot (6') fence located a minimum of ten feet (10') from all property lines. 2. Waste Removal: Provision shall be made for the removal of animal and food wastes, to keep the kennel free from the infestation of insects or rodents or disease, and from obnoxious or foul odors. 3. Shelter Location: Shelter shall be provided in clean structures located only in the rear yard unless the Development Services Division, based upon information provided by an owner/tenant, determines that a side yard would be a better location for the shelter. The shelter shall be located ten feet (10') from side and rear property lines. 4. Hobby Kennel License: A hobby kennel license is required per RMC 4-9-100. H. ADDITIONAL REQUIREMENTS FOR KENNELS (NINE (9) OR MORE ANIMALS): 1. Shelter: Shelter shall be provided for animals in clean structures which shall be kept structurally sound, maintained in good repair, contain the animals, and restrict entrance of other animals. These structures, together with associated runs, shall be located a minimum of fifty feet (50') from any property line and must be located in a rear yard. 2. Food and Bedding: Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. 3. Waste Removal: Provision shall be made for the removal of animals and food wastes, bedding, and debris disposal in order to keep the kennel free from the infestation of insects, rodents, or disease and from obnoxious or foul odors. 4. Criteria for Indoor Kennel Facilities: Applicants for kennels must show that indoor facilities have a sufficient heating and cooling system to provide a moderate temperature throughout the year; a sufficient ventilation system to circulate the air; an adequate natural or artificial lighting system to allow inspection and cleaning at any time of the day and that interior wall and ceiling surfaces are constructed of materials which are resistant to the absorption of moisture and odors. l� 5. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be constructed to provide shelter from the weather and associated elements while providing sufficient space for animal movement and exercise. Adequate drainage must be provided to prevent water buildup and subsequent damage and to facilitate waste removal. Adequate fences or retaining walls must be constructed to contain animals and prevent intrusion by others. I. REVIEW CRITERIA FOR KENNELS AND HOBBY KENNELS: Special review criteria for all types of kennels to be considered by the Reviewing Official are included in RMC 4-9-100F. J. REVIEW CRITERIA FOR BOARDING AND STABLES: For uses such as commercial horse and pony boarding, riding stables, and schools the conditional use criteria of RMC 4-9-030 shall be applicable. K. BEEKEEPING: 1. Minimum Setback: Hives shall be located a minimum of twenty five feet (25') from an interior lot line, with the hive(s) entrance(s) facing away from the nearest property line. Hives shall be located a minimum of one hundred feet (100') from public and/or private rights -of -way or access easements. Deleted: The owner/tenant shall be 2. Maintenance Standards: allowed to keep the number of animals existing at the time the a. Hives shall be maintained to avoid overpopulation and minimize swarming, for Section became effective (7-15- example by requeening regularly, so as not to become a nuisance. 1985).11 1. Animal Replacement: Property b. Hives shall be marked or identified to notify visitors. owners/tenants who lose an animal after the effective date of this Section L. NONCONFORMING USES: shall not be allowed to replace the animal with a similar type of animal.¶ 2. Transferability: Furthermore, for the In cases where the keeping of animals does not comply with these regulations, the purposes of this Code, situation shall be classified as a nonconforming use. nonconforming use rights belong to a property owner and are not attached M. VIOLATIONS AND PENALTIES: to the property and therefore are not transferable from one property owner to another with the sale of the property. 1. Compliance with Current Code Regulations: In those situations where the keeping of animals does not comply with these regulations and the situation is not classified as a nonconforming use, then the owner shall have to comply with the Code regulations. 2. 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G e c ID ) \in % ® § < \ e / \ \ \ \ \ E 2 u e o 7 \ in 5 k ) \ \ 0 ) / \ \ \ in \ \ \ _ ± u § 2 g m { \ e > ± 5 ® \ \ cCD 3 - 7 < 5 \ \ E / \ \ � � « / � $ 3 (D $ ■ February 26, 2007 '44010K Renton City Council Minutes � Page 59 Planning: City Code Amends re R-4 Zone & Tree Retention & Animal Regulations ADMINISTRATIVE REPORT abutting street right-of-way) generally bounded by Union Ave. NE (132nd Ave. SE) on the east, SE 95th Way, if extended, on the north, SE 96th St., if extended, on the south, and 128th Ave. SE, if extended, on the west (Perkins). Senior Planner Erickson reported that three single-family dwellings currently exist on the site and over 80 percent of the site is vacant. He noted the following: the site drains to May Creek, most of the site slopes down to the north, and a 65-foot change in elevation exists between the southern and northern boundaries. Reviewing the public services, he said the site is served by Fire District #25, Renton water and sewer, and the Renton School District. Continuing, Mr. Erickson stated that the site's existing King County zoning is R-4 (four dwelling units per gross acre), and the City's Comprehensive Plan designates the site as Residential Low Density, for which R-4 (four dwelling units per net acre) zoning is recommended. He stated that the fiscal impact analysis indicates a surplus of $11,403 at full development, assuming 43 new single-family homes with an average assessed value of $450,000, and a one- time parks acquisition and development cost of $15,213. In conclusion, Mr. Erickson pointed out that the annexation proposal is consistent with the City's annexation policies and business plan. Public comment was invited. There being none, it was MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ACCEPT THE PERKINS ANNEXATION AS APPROVED BY THE BOUNDARY REVIEW BOARD AND ADOPT THE RELATED ORDINANCES. CARRIED. (See page 66 for ordinances.) This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker opened the public hearing to consider City Code amendments pertaining to: R-4 zone development clustering; R-1, R-4, and R-8 zone design standards; tree retention; and animal regulations. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL POSTPONE THE PUBLIC HEARING UNTIL 3/12/2007. CARRIED. Chief Administrative Officer Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: The Crisis Clinic's 211 Community Information Line provides information and referral services to all King County residents about the social service system. The service can be accessed from a land line by dialing 211 and from a cellular telephone by dialing 206-461-3200 or 1-800-621-4636. The Annual "Play it Safe" Festival, held on February 22 at the Community Center, was attended by over 150 kids ages 12 and under and their parents. Planning: Multipurpose Events Mayor Keolker reported that the ownership of the Sonics and Storm Center (Sonics & Storm professional basketball teams have chosen Renton as their preferred site for a Basketball) multipurpose events center. She noted that the potential economic opportunities of the arena go beyond Renton's borders. The Mayor stated her belief that the "No New Taxes" proposal laid out for the State Legislature is sound and worthy of City support. CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 26th day of February, 2007, 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 Renton Municipal Code regarding: addition of specific standards for tree retention for residential land development, expansion of provisions that allow cluster development in the R-4 (Residential, four dwelling -units per acre) zone; expansion of design regulations applicability in the R-4 zone, and modification of animal regulations. 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 Renton Reporter February 14, 2007 Account No. 50640 2/7/2007 - Notice sent to 11 Parties of Record per attached labels. J. Seth cc: Rebecca Lind, Long Range Planning Manager George Bill Alvin Carlson Michael Prabucki 13818 152nd SE 12 Gold Court P. O. Box 2132 Renton, WA 98059 Sequim, WA 98382 Renton, WA 98056 Shelia Hurst Ronda Bryant Edward, June, & Kristy Hill 16025 SE 149th 6220 SE 2nd PI 13527 156th Ave SE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 Gwendolyn High Marsha Rollinger Richard & Anita Oliphant 13405 158th Ave SE 15646 SE 138th PI 16519 SE 145th St Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 Peter & Deborah Eberle Diane & Don Kezele 18225 SE 147th St 15657 SE 137th PI Renton, WA 98059 Renton, WA 98059 0 CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 26th day of February, 2007, 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 Renton Municipal Code regarding: addition of specific standards for tree retention for residential land development, expansion of provisions that allow cluster development in the R-4 (Residential, four dwelling -units per acre) zone; expansion of design regulations applicability in the R-4 zone, and modification of animal regulations. 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. r Bonnie I. Walton City Clerk Published Renton Reporter February 14, 2007 Account No. 50640 February 5, 2007 J Renton City Council Minutes � W Page 31 County regulations rather than stall the annexation, and then take the time once the area is annexed to review the zoning. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 1/22/2007. Council concur. 1 /22/2007 Community Services: Parks Community Services Department recommended approval of a sublease with Maintenance Facility Sublease, United Rentals Northwest, Inc. for a temporary Parks Maintenance Facility at United Rentals Northwest 1100 Bronson Way N.; expenditure $382,691. Refer to Finance Committee. Planning: City Code Amends Economic Development, Neighborhoods and Strategic Planning Department re R-4 Zone & Tree Retention submitted City Code amendments pertaining to: R-4 zone development & Animal RegulatT'W clustering; R-1, R-4, and R-8 zone design standards; tree retention; and animal regulations. Refer to Planning and Development Committee; set public hearing on 2/26/2007. EDNSP: Renton Community Economic Development, Neighborhoods and Strategic Planning (EDNSP) Marketing Campaign, Department recommended approval of a contract with Hamilton/Saunderson Hamilton/Saunderson Marketing Partnership in an amount not to exceed $150,000 for management of Marketing Partnership the Renton Community Marketing Campaign. (Funding includes: $85,000 in allocated lodging tax collections and $65,000 from EDNSP Department business recruitment budget, key stakeholders, and other community agencies, organizations, and businesses.) Council concur. EDNSP: Renton Visitors Economic Development, Neighborhoods and Strategic Planning Department Connection Tourism Efforts, recommended approval of a contract with the Greater Renton Chamber of Chamber of Commerce Commerce in the amount of $125,000 for the Renton Visitors Connection 2007 tourism marketing efforts. (Funded by allocated lodging tax collections in the amount of $125,000.) Council concur. Fire: 2006 Flood Damages, Fire Department recommended approval of an agreement with the Washington WA State Military Department State Military Department for a public assistance grant to receive up to 75 Grant percent of the eligible non -insurance covered damages sustained by the City during the 2006 flooding event. Initial damage assessment is $5,019,233. Council concur. Human Resources: 2007 Human Resources and Risk Management Department recommended approval of Claims Processing, Healthcare the 2007 administrative services agreement and fee schedule for City employee Management Administrators medical, dental, and prescription claims processed by Healthcare Management Administrators, Inc. and Prescription Card Services/Caremark. Council concur. Human Resources: Human Resources and Risk Management Department recommended Reclassifications (Eight reclassification of eight positions, including: Payroll Analyst, Museum Positions) Supervisor, Community Relations Specialist, Grounds Equipment Mechanic, Vehicle & Equipment Mechanic I, Lead Vehicle & Equipment Mechanic, Secretary I, and Domestic Violence Victim Advocate. Refer to Finance Committee. Latecomer Agreement: Technical Services Division requested final approval of the 15-year latecomer Wyman, Sewer Extension (SE agreement submitted by Kevin Wyman for sewer main extension along SE 132nd St), LA-05-003 132nd St., and requested authorization to finalize the agreement per City Code. Refer to Utilities Committee. C, I OF RENTON COUNCIL AGENDA.,,, 4LL Submitting Data: Rebecca Lind Dept/Div/Board.. EDNSP Staff Contact...... X 6588 Subject: Emergency Code Amendments: R-4 Standards, Design Standards in the R-4 zone, Tree Retention (Phase I), and Animal Regulations Exhibits: Issue Paper • Attachments and Code Drafts: Small Lot Cluster Development and Design Standards, Tree Retention, and Animal Regulations (� 'n AI #: a For Agenda of: February 5, 2007 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Planning and Development Committee and set Legal Dept......... a public hearing for February 26, 2007 Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. X SUMMARY OF ACTION: Work with the East Renton Plateau Citizen's Task Force has highlighted portions of the Renton Municipal Code that need to be strengthened or expanded. These items include adding specific standards for tree retention for residential land development, expanding the provision that allows cluster development in the R-4 zone, expanding the applicability of design regulations in the R-4 zone, and modifying animal regulations. While these changes would affect property citywide, they particularly affect the East Renton Plateau, which will vote on the question of annexation to Renton on February 6, 2007 (with a March 1, 2007 effective date if approved). A sewer moratorium in the Plateau, which has held back development, will be removed after the election. Complete land development applications would vest to the regulations in place at that time. As a result, it is important to make these code changes prior to the projected effective date of the annexation. Changes to the tree regulations are the first phase of a larger work program that will result in a citywide urban forestry plan addressing broader issues of tree and landscape planting, street trees, and the canopy of trees on public and private lands within the City. This larger work program will be accomplished in conjunction with the Community Services Department and the Planning Building Public Works Department. STAFF RECOMMENDATION: Refer this item to the Planning and Development Committee and set a public hearing for February 26, 2007. H:\EDNSP\Title MGeneral\Tree Retention\2007\agenda bill.doc VAMP- ..r ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC +1 PLANNING DEPARTMENT M E M O R A N D U M DATE: January 31, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayo�v� ((-- FROM: Alex Pietsch, Administrator p(a STAFF CONTACT: Rebecca Lind (ext 6588) SUBJECT: Ordinance Revising Cluster and Design Guidelines, Enacting Tree Retention Standards, and Amending Animal Regulations ISSUE Anticipating an increase in vesting of development in the East Renton Plateau at the end of the current sewer moratorium, should the City enact improved regulations addressing specific design and quality of development concerns as an exception to the annual docket review cycle? RECOMMENDATION Consider improved regulations consistent with the East Renton Plateau Citizens Task Force preliminary recommendations addressing the following topics: o Cluster of development in the R-4 zone o Design standards for single family structures in the R-1, R-4 and R-8 zones o Tree retention o Animal regulations Process these amendments prior to the potential effective date of the Preserve Our Plateau Annexation so that vested development will be regulated by the revised standards. Authorize review of the proposed development regulations pursuant to RMC 4-9-025 C. outside the annual docket as a priority, with the understanding that additional amendments addressing landscape and street tree standards, tree type and variety, tree canopy standards, and a comprehensive citywide urban forestry program will be developed as part of a subsequent work program in conjunction with the Community Services Department. Toni Nelson January 31, 2007 Page 2 of 3 BACKGROUND The City convened the East Renton Plateau Citizens Task Force to review and make recommendations on prezoning and community planning issues in the East Renton area. The prezoning work was completed in 2006 and adopted by the City Council. As part of this work, the Task Force raised a number of zoning text issues that are pertinent to community planning and quality of life and continues to work on recommendations refining these development standards. At the same time, the City put a moratorium on out -of -city sewer availability certificates for undeveloped property in this area, and this moratorium has been in effect for a year and a half. The Council agreed to extend the moratorium until the election and potential effective date of annexation. As a result, land in the area was removed from the development process. As soon as the annexation is effective, land will again become available in this area. Property owners of several larger parcels may apply for development permits shortly after annexation. The proposed code amendments will implement several Task Force recommendations so that properties vesting for development immediately after annexation will be regulated by rules more closely reflecting citizen concerns. PROPOSAL SUMMARY Cluster Provisions (see Attachment 1) The Task Force recommended that the provisions for cluster development in the R-4 be expanded. Adopted city code restricts cluster development to areas within 600 feet of the R-8 zone. The Task Force recommended that cluster development be allowed throughout the R-4 zone. Design Standards (see Attachment 1) Architectural design standards are now only required for cluster development in the R-4 zone. The Task Force raised the issue of quality development particularly on the NE 4`s St corridor. The proposal would expand the applicability of the existing adopted standards throughout the R-1, R-4, and R-8 zones citywide and would benefit neighborhoods throughout Renton. Tree Retention (see Attachment 2) Proposed code would codify an existing administrative interpretation of zoning rules and provide clarification of standards now being used for replacement and replanting trees. The amendments also close an existing loophole in regulations that allow trees to be cleared prior to application for development. These proposed code changes are the first phase of a larger work program that will result in a citywide urban forestry plan addressing broader issues of tree and landscape planting, street trees, and the canopy of trees on public and private lands within the city. The proposed code revisions are needed as a minimum standard now because development of large forested parcels is anticipated in the near future within the East Renton PAA. Animal Regulations (see Attachment 3) H:\EDNSP\Title IV\Multiple Zone Amends\Residential\Work Program Issue Paper.doc Page 2 of 3 Toni Nelson ,W, January 31, 2007 Page 3 of 3 ffn The Task Force recommended greater allowances for large animal husbandry and requests that "non -conforming" animal use be vested to the land rather than limited to the life span of a particular animal. CONCLUSION The proposed amendments are recommended by staff as the minimum set of changes needed to implement a basic set of project review standards. The cluster and design standards are adopted now but apply only to a limited number of properties. The tree retention standards modify and improve the approach staff is now using for project review. The recommended improvements incorporate staff's comments and experience working with the existing administrative rules as applied to actual projects. H:\EDNSP\Title IV\Multiple Zone Amends\Residential\Work Program Issue Paper.doe Page 3 of 3 Attachment 1: Sma,.,ot Cluster Development and Designr..eandards ISSUE • Should the City strike the text requiring that cluster development occur within 600 feet of the Residential Single Family land use designation, effectively allowing cluster development throughout the R-4 zone? • Should text requiring special architectural features in small lot cluster development be placed in the building standards for development in the R-1, R-4, and R-8 zoning designations? • Should the City expand the requirement for vertical fagade modulation from the R-4 zone to also include the R-1 and R-8 zones? RECOMMENDATION Staff recommends adopting code amendments to allow small lot cluster development throughout the R-4 zone, require design standards in the R-1, R-4 and R-8 zones, and require vertical fagade modulation in the R-1 and R-8 zones. These changes reflect recommendations of the East Renton Plateau Citizens Task Force and are intended to facilitate visually appealing residential development. BACKGROUND SUMMARY The East Renton Plateau Citizens Task Force expressed a desire to protect open space and the more rural nature of the East Renton area. They also expressed an understanding of the pressure for development and the need of developers to achieve a reasonable rate of return on investment. Small lot cluster development is a means to achieve preservation of open space while also facilitating the ability to express the intended density in the R-4 zone. In order to be able to develop small lot clusters, it is required that 30 percent of the land be set aside permanently as "significant open space." The amount of required open space can be reduced to 20 percent if all three of the following criteria are met: 1) public access is provided to the open space, 2) soft surface trails are provided within wetland buffers, and 3) storm water ponds are designed to eliminate engineered slopes that require fencing and are enhanced to allow passive and/or active recreation. Additionally, the East Renton Plateau Citizens Task Force and citizens at public meetings regarding the East Renton area expressed concern about the outcome of the residential development that has occurred around the NE 4th St corridor. The general opinion was that the end result is unattractive to those who view the communities from the arterial roadway. Residents of the East Renton area are concerned that when the sewer moratorium for their area is lifted, there will be a significant amount of new development that will begin occurring on the plateau and that this new development will mimic the type they do not care for along NE 4th St. Currently, City code has simple design guidelines required for small lot cluster development. Implementation of these design standards in the R-1, R-4, and R-8 zones would likely help facilitate residential development that is visually appealing. The standards seek to provide a varied appearance to residential units, so that there is less "cloned" or "cookie cutter" type development. There are three architectural standards that would be required: 1) decorative hip or gable roofs, 2) trim on windows and doors, and 3) projecting eaves. The City also has a requirement for vertical fagade modulation in the building standards for the R-4 zone. The expansion of this requirement to the R-1 and R-8 zones help facilitate a varied residential product. CONCLUSION Implementation of design standards in the City would benefit all new residential development in R-1, R-4, and R-8 zones that occurs in the City by ensuring a varied product that is visually interesting. The standards are not extensive, but are a simple means to accommodate residents desire to see a varied residential product while not adding significant costs to builders and/or developers. Allowing small lot cluster development to occur throughout the R-4 zone is likely to help preserve open space while not limiting the density of the zone. H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper - cluster & design.doc Page 2 of 2 4-2-11 OD CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS 1. a. Phasing, shadow platting, or land reserves may be used to satisfy the minimum density requirements if the applicant can demonstrate that the current development would not preclude the provision of adequate access and infrastructure to future development and would allow for the eventual satisfaction of minimum density requirements through future development. b. In the event the applicant can show that minimum density cannot be achieved due to lot configuration, lack of access, environmental or physical constraints, minimum density requirements may be waived by the Reviewing Official. 2. Use -related provisions are not variable. Use -related provisions that are not eligible for a variance include: building size, units per structure/lot, or densities. Unless bonus size or density provisions are specifically authorized, the modification of building size, units per structure, or densities requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 3. Clustering is allowed to meet objectives such as preserving significant natural features, providing neighborhood open space, or facilitating the provision of sewer service. Within designated urban separators, clustering is required, consistent with the provision of RMC 4-3-110, Urban Separator Overlay Regulations. a. The maximum net density requirement shall not be exceeded except that within urban separators a density bonus may be granted allowing the total density to achieve one dwelling unit per gross contiguous acre for projects that meet the following criteria: (i) Provision of native vegetation cover on sixty-five percent (65%) of the gross area of all parcels in the land use action, including both the area within and outside the open space corridor, with either existing or new vegetative cover, and at least one of the following additional criteria: (A) Enhancement of wetlands is provided at a ratio of one-half (1/2) acre enhanced for one acre delineated within the urban separator pursuant to RMC 4-3-050M12b, Evaluation Criteria, and RMC 4-3-050M12c, Wetlands Chosen for Enhancement. Enhancement proposed for a density bonus may not also be used for a mitigation for other wetland alterations. En M (B) Legal nonconforming uses are removed from the site and/or brought into conformance with Renton standards. (C) Natural surface pedestrian trails, with public access, are provided as part of an adopted trail system or, where there is no planned trail system, in a configuration approved by the Reviewing Official. (D) In the absence of either wetlands or legal nonconforming uses on the site, public access and trails shall be required to the satisfaction of the Reviewing Official. (ii) Parcels within the urban separator may be combined into larger contiguous holdings to allow platting to achieve bonus density; however, existing legal lots shall not be reduced in land area for the purpose of transferring density unless such lots are included in a proposed plat. b. The area of individual lots shall not be less than ten thousand (10,000) square feet. 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Zoning Administrator may project twenty four inches (24") into any setback; provided, such projections are: (i) Limited to two (2) per facade. (ii) Not wider than 101. b. Fences: See RMC 4-4-040. c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty two inches (42") high may be built within the front yard setback. d. Eaves: Eaves and cornices may project up to twenty four inches (24") into any required setback. 5. In order to be considered detached, a structure must be sited a minimum of six feet (6') from any residential structure. 6. A front yard setback of less than twenty feet (201) is allowed if equal to or greater than the average of the front yard setback of the existing, abutting primary structures; however, in no case shall a minimum setback of less than twenty feet (20') be allowed for garages which access from the front yard street(s). Vew 7. For pre-existing legal lots having less than the minimum lot width required by this Section, the following chart shall apply for determining the required minimum side yard width along a street: WIDTH OF EXISTING, LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RC ZONE 150 feet or less 25 ft. R-1 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 51 ft. 11 ft. 51.1 to 52 ft. 12 ft. 52.1 to 53 ft. 13 ft. 53.1 to 54 ft. 14 ft. 54.1 to 55 ft. 15 ft. 55.1 to 56 ft. 16 ft. 56.1 to 57 ft. 17 ft. 57.1 to 58 ft. 18 ft. 58.1 to 59 ft. 19 ft. 59.1 and greater 20 ft. R-4 or R-8 ZONE Less than or equal to 50 ft. 10 ft. 50.1 to 52 ft. 11 ft. 52.1 to 54 ft. 12 ft. 54.1 to 56 ft. 13 ft. 9M M 56.1 to 58 ft. 14 ft. 58.1 or greater 15 ft. However, in no case shall a structure over forty two inches (42") in height intrude into the twenty -foot (20') clear vision area defined in RMC 4-11-030. 8. In no case shall building height exceed the maximum allowed by the Airport Related Height and Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020. 9. "Public Suffix" (P) properties are allowed the following height bonus: Publicly owned structures shall be permitted an additional fifteen feet (151) in height above that otherwise permitted in the zone if "pitched roofs," as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, the height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five feet (75') to the highest point of the building: a. When abutting a public street, one additional foot of height for each additional one and one-half feet (1-1/2') of perimeter building setback beyond the minimum street setback required; and/or b. When abutting a common property line, one additional foot of height for each additional two feet (2) of perimeter building setback beyond the minimum required along a common property line. 10. in erder te serve as a transifien between the loweF density R 4 Zene and higher dens#y development�Small lot clusters" of up to a maximum of fifty (50) lots shall be allowed within ') ef-the Single Family Land Use Designation as shewn en the Land Use Map of the GempFehensive R-4 Zone, when at least thirty percent (30%) of the site is permanently set aside as "significant open space." Such open space shall be situated to act as a visual buffer between small lot clusters and other development in the zone. The percentage of open space required may be reduced by the reviewing official to twenty percent (20%) of the site when: a. Public access is provided to open space; b. Soft surface trails are provided within wetland buffers; and c. Storm water ponds are designed to eliminate engineered slopes requiring fencing and enhanced to allow passive and/or active recreation. V..- w' mwwnmr mummm All portions of a site that are not dedicated to platted single family lots or a dedicated right of way shall be set in a separate tract and/or tracts to preserve existing viable stands of trees or other native vegetation. The tract may also be used as a receiving area for tree replacement requirements in accordance with RMC 4-4-130H- Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, requiF 30 H. 11. Lot size, width, and depth may be reduced by the Reviewing Official when, due to lot configuration or access, four (4) dwelling units per net acre cannot be achieved. The reduction shall be the minimum needed to allow four (4) dwelling units per net acre and shall be limited to the following minimum dimensions: Lot size — seven thousand two hundred (7,200) sq. ft. Lot width — sixty feet (601). Lot depth — seventy feet (70'). 12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also be reduced by the Reviewing Official. Setback reductions shall be limited to the following: Front — twenty feet (20'). Side yard along a street — fifteen feet (15') primary structure, twenty feet (20') attached garage with access from the side yard. Side — Minimum side yard combined setback — fifteen feet (151). Minimum for one yard — five feet (5'). 13. For properties vested with a complete plat application prior to November 10, 2004, and for the Mosier II, Maplewood East and Anthone, the following standards apply. Vested plats must be developed within five (5) years of preliminary plat approval and/or annexation. a Maximum density — five (5) dwelling units per net acre. Minimum lot size — seven thousand two hundred (7,200) sq. ft. Minimum lot width — sixty feet (60') for interior lots, seventy feet (70') for corner lots. Minimum lot depth — seventy feet (70'). Minimum front yard — fifteen feet (15') for the primary structure, twenty feet (201) for an attached or detached garage. For a unit with alley access garage, the front yard setback for the primary structure may be reduced to ten feet (10') if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. Minimum side yard along a street — fifteen feet (151). Minimum side yard — five feet (5'). 14. 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U co co w W a.' 0 vow a t o o 2 f of c ° co / § m 5 7 . m , a o / 2 o % ® 3 q / / / M E / k / k k 0 cu 2 N & c= m= o ' an d 0£ E ) m / § f� ƒ E� \ % / a CO / & E c C - $ \ 2 0 _E / § 0 \ % 0) _ = o \ / 7 / / f $ a k0)_k // E E / o /// D- o m E ƒ cm / C ' A 2 \ � — 4� cu cu E � / \ / R k o � m % Q c o E E k \ / / a / / \ - 7 / cn / 0 o < � / \ m 2 0 c G o CDd k k / � k § E/ k$ �� a a E 0 k / / k § j _ # 2 u ± E § / : ƒ%/ 0 0 w o 0 0 W a A k ° 4 . G/ c 2 / § / 0 k k 2 ¥ 2 > @ a u ± S k i/ : 7 k o a \ & f \ E 0 / ƒ CD Q , W � Q , � U � | ) U k ! LO (D / 2 G / Lii / C\f m ■ 0 9 � N ""W' Attachment 2: Treevmetention ISSUE • How does the City of Renton approach tree retention now? • What types of standards are needed to formalize a tree retention program? RECOMMENDATION Staff recommends adopting code amendments that would require tree retention. The retention standard would be very close to the de facto standard that was established through a Director's Rule in March 2006. BACKGROUND SUMMARY The East Renton Plateau Citizens Task Force raised concerns directed at the City's existing tree retention policies. Citizens support a more thorough tree retention policy as a means to address quality development. Tree retention is not mandated in Renton's current development regulations. In fact, the section of code that addresses the issue is aptly titled "Tree Cutting and Land Clearing." Trees are really only required to be retained in critical areas. In the pre -Growth Management era, this seemed adequate, however, now the City is required to accept its fair share of regional growth. As development continues in Renton and surrounding communities, trees and green open spaces have been squeezed out. In most cases, developers find it easier to completely clear a parcel and retain no trees. As a result, there is very little tree canopy in areas of development. Tree retention is important for a number of reasons. Trees are part of a natural drainage system that allows for ground water recharge and prevents excessive erosion. Developed areas near stands of retained vegetation have fewer storm water concerns because of the intact natural drainage system in such areas. Stands of trees are natural buffers against noise, hot summer sun, and cold winter wind. Trees naturally reduce pollution and provide clean oxygen through the process of transpiration. They also provide habitat and are aesthetically pleasing to many. As a matter of policy, Renton broadly supports the retention of trees. Comprehensive Plan objective CD-J and Policy CD-45 stress the importance of retaining existing vegetation as part of a citywide landscaping plan. Objective EN-F and Policies EN-24 and 25 discuss the importance of maintaining natural areas to assist with storm water control. The City's 2006-2011 Business Plan Goals similarly state that in order to fulfill its goal to "manage growth through sound urban planning," the City should "uphold a high standard of design and property maintenance throughout the City." Tree retention fits neatly into the policies Renton has adopted to guide the City. While the City has broad policies supporting tree retention, and a broad authority supporting retention in code, specific implementation and standards are lacking. A Director's Rule issued in March 2006 took a major step in interpreting Renton's tree i40� retention policies. This rule requires an inventory of all trees 6" or larger in diameter for all land development projects. Using the inventory as a baseline, diseased and damage trees are removed and the rule states that 25 percent of the remaining trees 8" or larger must be retained. If the trees cannot be retained, they are replaced at a one to one ratio. Critical areas and native growth protection easements are excluded from the retention analysis, because 100 percent retention is already required in those areas according to Renton Municipal Code. Even though the Director's Rule has been useful in establishing a baseline for tree preservation, there have been challenges in implementation. Application of the rule still involves a lot of interpretation on topics such as whether or not retained trees can count toward the landscaping requirements, or if tree retention requirements should be based on net developable area or gross developable area. There is no adequate process for the review of tree retention plans, and no authority to require third party review of tree retention plans. Recent extreme weather events have also resulted in further questions about long term retention and replacement requirements. Staff reviewed many different tree retention codes from other jurisdictions. The Director's Rule was based on tree retention code in the City of Newcastle. While there have been some implementation challenges, and additional work should be done to refine the standards in the Director's Rule, it is a system that basically works to preserve trees. The proposed changes to the tree retention code would result in a codification of the Director's Rule and the establishment of formal standards for tree retention. In the proposed code changes, the basic standard for tree retention would be 25 percent, or 25 trees per acre, whichever is greater. All trees 6" in diameter or larger would be inventoried, with the exception of those already in critical areas, critical area buffers, or in native growth protection easements. Any dead, diseased, or damaged trees would be removed from the count before the 25 percent/25 per acre standard was applied to determine the number of protected trees. Trees in proposed roadways or utility easements would be included in the calculation, and a tree could not be double -counted as both a protected tree and a street tree. In cases where tree retention cannot meet the 25 percent/25 per acre standard, there are options for replacement and replanting. Trees that could not be retained would be replaced at rate of twelve (12) caliper inches of trees for each tree to be replaced. Replacement trees would need to be a minimum of two (2) caliper inches. The 25 trees per acre standard acts as a minimum requirement and ensures that even a lot that has been completely cleared prior to development would be responsible for its share of future tree canopy. It eliminates a loophole that provides an incentive for the clearing, or partial clearing, of property prior to submitting development permits in attempt to avoid tree retention requirements. Replanting of trees to meet the minimum standard would use the same replacement ratio, twelve (12) caliper inches of new trees replanted for each required tree. H:\EDNSP\Title IV\General\Tree Retention\2007\Issue Paper PC Tree Retention (Jan 07).doc Page 2 of 3 It is also important to remove another loophole that works against tree preservation efforts. Currently, the code exempts any lot less than half an acre in size from the tree cutting and land clearing requirements. This means that the majority of the parcels in the City could clear cut every tree on the lot. It could also result in the massive removal of retained, replaced, or replanted trees once the subdivision process was completed. As part of the proposed changes, this exemption would be lowered to 4,500 square foot lots. Anyone with a lot smaller than 4,500 square feet could still clear cut, but those above that size would be subject to the tree cutting limitations already set up in the Renton Municipal Code. This means that property owners with lots over one acre in size could remove up to six (6) healthy trees per year from their properties without a development permit. Property owners with lots between 4,500 square feet and an acre could remove up to three (3) healthy trees per year without a development permit. Property owners who wish to remove more trees than allowed by code would need a permit to do so. Strengthening tree retention in Renton is the goal of these code amendments. Changes are proposed to various sections of the Renton Municipal Code, such as the Landscape Regulations, Routine Vegetation Management Permit Rules, Submittal Requirements for permits, and several code definitions. These changes are all made to ensure consistency throughout the code for terminology and the application of the proposed tree retention regulations. Additional requirements have also been proposed to the section on Tree Retention to protect retained trees during grading and construction and to allow the Development Services Director the authority to ask for independent, third party review when such review is needed. These proposed changes provide a basis to ensure that the trees planned for retention remain viable through the completion of the project. CONCLUSION Given the current rate of development, much of the existing tree canopy in the City of Renton will be lost unless there are regulations in place for tree retention. This is especially important in the East Renton area, which could be annexed in the City in March, if the area favors annexation. There are several large stands of trees and pent-up demand for housing development in that area. The Director's Rule has done an adequate job of tree retention but has drawn attention to the need for codified standards for tree preservation. H:\EDNSP\Title IV\General\Tree Retention\2007\Issue Paper PC Tree Retention (Jan 07).doc Page 3 of 3 M E5 PROPOSED CHANGES FOR TREE RETENTION- DRAFT February 2007 4-4-070 LANDSCAPING: C. AUTHORITY AND INTERPRETATION 1. PLANS REQUIRED: Conceptual and detailed landscaping plans are required for all non-exempt development. Specific submittal requirements shall be as indicated in RMC 4-8-120, Submittal Requirements. The conceptual plans must be submitted prior to any land use action approval and detailed landscape plans must be approved prior to issuance of a building permit. 2. Authority and Interpretation: The City's Development Services Division Director, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. (Ord. 5137, 4-25-2005) 3. Independent Secondary Review: The City's Development Services Director, or a duly authorized representation, may require independent review of any land use application that involves tree removal and land clearing at the City's discretion. An evaluation by an independent qualified professional regarding the applicant's analysis on the effectiveness of any proposed removal, retention, or replacement measures, to include recommendations as appropriate. This shall be paid at the applicant's expense and the City shall select the third party review professional. D. GENERAL LANDSCAPE REQUIREMENTS: 1. Street Frontage Landscaping Required: On -site landscaping is generally required along all street frontages, with the exception of areas of pedestrian walkways and driveways. 2. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment as appropriate. Landscaping may include hardscape such as decorative paving, rock outcroppings, fountains, plant containers, etc. 3. Residential Rear/Side Yard/Landscaping Along Streets: When rear or side yards are along property lines abutting a street, there shall be a minimum five-foot (5') planting area in the public right-of-way. This will necessitate setting any future fencing back from the edge of the right -or -way so that the landscaping is visible from the street. Landscaping is required prior to occupancy. Maintenance of such areas shall be the responsibility of the property owner(s). The maintenance requirement may necessitate provision of a gate in the fence to access the planting area. 4. Compliance with Zone Standards Required: See specific zone requirements listed in chapter 4=2 RMC. 5. Parking Lot Landscaping Requirements: Parking lot landscaping requirements are listed in RMC 4-4-080F7. 6. (Rep. by Ord. 5153, 9-26-2005) Protected trees shall be retained in accordance with RMC 4-4-130. 7. Use of Existing Plant Material: Existing trees and other vegetation on the site of a proposed development shall be used to augment new plantings to meet the requirements of this section. wheFe praGt*Gal Of the quality as equal to oF betteF than available nursery StOGk. b. Trees to Be Retained! Tree6 exi6tiRg OR a developmeRt site that are to be FetaiRed the detailed landsrape plan. SUGh trees shall have the appFoximate dFip line shown. The finished elevation within the dFop line shall be Trees retained or replaced in accordance with the minimum requirements in RMC 4-4-130 Tree Retention and Land Clearinq Regulations shall not be counted toward meeting the landscaping requirements of this section. 8. Use of Drought -Resistant Plants: Incorporation of drought -resistant plants into the landscape is encouraged. 9. Avoidance of Hazards: All landscaping shall be planned in consideration of the public health, safety, and welfare. a. Landscaping shall not intrude within the clear vision area at driveways and street intersections. b. Trees planted near overhead power lines shall be species that will not eventually row into such lines. c. Landscaping shall not obscure fire hydrants or access for emergency -response vehicles. d. Avoid planting trees that may damage sidewalks. 10. Preservation of Unique Features: If pFaGtmGable, i NeUnigue features within the site shall be preserved and incorporated into the site development design (such as significant vegetation and rock outcroppings). 11. Green River Valley LandsGaping Requirements; Any development in Valley shall 0 a min M mum of two the total for the Green River PFOYide perGent ) of site for wildlife habitat. These should be dispeFsed thFOUghout landSGaping Suitable _'Feas not aggFegated in one peFtion of the Where the a site, but should be two propeFty. possible, required landsGaPiR9 feF adjaGent should be GBORtigLIOUS. This IandsGaping peFGent is OR properties addition to m E5 V.. wW En in 12. Slopes: Stripping of vegetative slopes where harmful erosion and run-off will occur shall be avoidedprohibited. The faces of cut and fill slopes shall be developed and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be initiated upon completion of grading and fully installed within thirty (30) days of grading completion and prior to a request for final project approval. Where slopes are not subject to erosion due to the erosion -resistant character of the materials such protection may be omitted with the permission of the Public Works Department, provided that this protection is not required by the rehabilitation plan. 13. Erosion Control Devices: Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and sediment, provide safety and control the rate of water run-off. 14. Permanent Underground Irrigation System Required: a. Underground irrigation systems shall be installed and maintained in good working order in all landscaped areas of industrial, commercial, and multi -family development, and landscaped common areas in single family subdivisions. b. The irrigation system shall provide full water coverage of the planted areas as specified in the plan. c. The irrigation system maintenance program shall include scheduled procedures for winterization. d. Exceptions: Landscape plans featuring one hundred percent (100%) drought tolerant plants or landscaping already established without irrigation systems are exempt from installation of permanent irrigation system, but drought tolerant proposals must provide supplemental moisture by means of a City -approved temporary irrigation system for a period not less than two (2) years. The applicant must provide a maintenance security device for a period of three (3) years from the date of approval of landscape installation to ensure survival of plants. H. AMENDED LANDSCAPING PLAN: 1. Modification of Landscape Plans: In the event there are significant physical elements that are discovered after preliminary plan approval that may prevent installation of the landscaping as proposed, the landscape plan may be modified upon request to the Development Services Director. Such request must be accompanied by the following: a. Copy of original, approved landscape plan. b. An amendment plan meeting requirements of RMC 4-8-120D12, Landscape Plan, detailed. c. Narrative describing and justifying proposed changes. d. Modified tree retention and land clearinq plan for any protected trees proposed to be removed in accordance with RMC 4-4-130 H1e. 2. Acceptability of Requested Modifications: The plans may be approved, denied or returned to the applicant with suggestions for changes that would make them acceptable. 3. Failure of Plan to Meet Intent: The Development Services Director may initiate revisions to an approved landscape plan, prior to release of an assuraRcea surity device, if the installed landscaping has failed to meet the intent of City landscape requirements. K. DAMAGED LANDSCAPING: Upon request of the City, Llandscaping required by City regulations that is damaged must be replaced as determined by the Development Services Director. See also "Specific Landscape Requirements, Trees" herein. Damaged protected trees shall be replaced in accordance with RMC 4-4-130 H1e (Ord. 3718, 3-28-1983; Ord. 4832, 3-6-2000; Ord. 4856, 8-21-2000; Amd. Ord. 4963, 5-13-2002; Ord. 5100, 11-1-2004) 4-4-130 TREE Cl ITTING RETENTION AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees, shrubs and groundcover plants . The purposes of these regulations are to: 1. Preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees, shrubs, and ground cover; 2. Implement and further the goals and policies of the City's Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watersheds, and economics; 64. Promote land development practices that result in minimal adverse disturbance to existing vegetation and soils within the City while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and Proposed structures and improvements interference with utility services protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover:; 65. Minimize surface water and groundwater runoff and diversion, and aid in the stabilization of soil, and to minimize erosion and sedimentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils; 76. Retain clusters of trees for the abatement of noise and for wind protection,; and to reduce air pollution by producing pure oxygen from carbon dioxide. 0 earben dioxide-. (Ord. 5137, 4-25-2005) 7. Protect trees durinq construction activities from damage to tree roots, trunks and branches. 8. Recognize that trees increase real estate values. B. APPLICABILITY: The regulations of this Section apply to any developed, partially developed or undeveloped property where land development or routine vegetation management activities are undertaken. (Ord. 5137, 4-25-2005) C. ALLOW-ABL€ALLOWEDTREE CUTTING REMOVAL ACTIVITIES: Tree cuttiflg-removal and associated use of mechanical equipment is permitted as follows, except as provided in subsection D2 of this Section, Restrictions for Critical Areas, and in RMC 4=3- 110E5b, Urban Separator Overlay Regulations. 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, damaged, or dangerous ground cover or trees which have been certified as such by a forester, registered landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required, or the removal of which is approved by the City. 3. Maintenance Activities/Essential Tree Removal — Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights -of -way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public and private utilities; provided, that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: RemovalSlearing of Gutting of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected, in which case see subsections C12 and C13 of this Section. 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the following requirements: 7 a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection D2 of this Section, Restrictions for Critical Areas, on the subject property. In every case, impacts shall be minimized and disturbed areas restored. b. In every location where site investigative work is conducted, disturbed areas shall be minimized, and immediately restored. c. A notice shall be posted on the site by the property owner or owner's agent indicating that site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection D2 of this Section, Restrictions for Critical Areas. d. No site investigative work shall commence without first notifying the Director or his or her designee in advance. 9. Allowable Minor Tree GuttingRemoval Activities: Except as provided in subsection D2 of this Section, Restrictions for Critical Areas and except for the removal of trees retained as part of an tree retention plan, tree removal and associated use of mechanical equipment is permitted as follows, eXGept as PFOvided on subseotion D2 of this SeGtien, a. On a developed lat or on a partially develop nv lot less than ORe asre4,500 square feet, any number of trees may be removed; b. On a partially -developed -lot ,500 square feet or reater ; provided, that: i.--No more than three (3) trees are removed in any twelve (12) month period from a property under ne (1) acre in size; and ii. No more than six (6) trees are removed in any twelve (12) month period from a property ne (1) acre and greater in size. LOT rYPES nALLY UNDEVELOPED Iii. M. Rights -of -Way Unobstructed: In conducting minor tree cUttiR Iremoval activities, rights -of -way shall not be obstructed unless a right-of-way use permit is obtained. c. Removal of retained trees subject to a tree retention plan is subject to the Replacement requirements in subsection H1e. 10. Landscaping or Gardening Permitted: K M rn Areas, is permitted on a developed lot for purposes of landsGaping OF gaFdening. Land clearing in conformance with the provisions of subsection C9, Allowable Minor Tree 6utt+ngRemoval Activities, and subsection D2 of this Section, Restrictions for Critical Areas, is permitted on a paFtially developed or undeveloped lot for purposes of landscaping or gardening; provided, that no mechanical equipment is used. 11. Operational Mining/Quarrying: Land clearing and tree suttingremoval associated with previously approved, operational mining and quarrying activities. 12. Modification of Existing Utilities and Streets (not otherwise exempted by RMC 4 3, 2NC7) by Ten Percent (10%) or Less: See RMG 4 3 050C for Genditions. 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right -of - Way or Easements: Within existing improved public road rights -of -way or 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. WheFe appl+sable,-Rfestoration of disturbed areas shall be completed. (Ord. 4851, 8-27-2000; Ord. 5132, 4-4-2005; Ord. 5137, 4-25-2005) D. PROHIBITED ACTIVITIES: 1. Prohibited Activities: There shall be no tree GuttiRg-removal or land clearing on any site for the sake of preparing that site for future development unless a land development permit, as defined in RMC 4-8-120 D 12 for the site has been approved by the City. 2. Restrictions for Critical Areas — General: Unless exempted by critical areas, RMC 4=3- 05005 or Shoreline Master Program regulations, RMC 4-3-090, no tree Gutt+egremoval, or land clearing, or groundcover management is permitted: a. On portions of property with protected critical habitats, per RMC 4-3-050K; streams and lakes, per RMC 4-3-050L; Shorelines of the State, per RMC 4-3-090, Renton Shoreline Master Program Regulations; and wetlands, per RMC 4-3-050M; and their associated buffers; b. On protected slopes except as allowed in this Section or in the Critical Areas Regulation, RMC 4-3-050; or c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. 3. Restrictions for Native Growth Protection Areas: Tree Gum -removal or land clearing shall not be permitted within a native growth protection area except as provided in the established native growth protection area requirements of RMC 4-3-050E4. be consistent (Ord. 5137, 4-25-2005) 0' E. AUTHORITY AND INTERPRETATIONREVIEW AUTHORITY: 1. Authority and Interpretation: The DiFeGte Reviewing Offical,or his duly authorized FepFesentative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. He or she is authorized require retention above the minimum standards to require phasing of tree retention plan or to require any other measures to meet the purpose of this section. (Ord. 5137, 4-25-2005) 2. Independent Secondary Review: The Reviewing Official may require independent review of any land use application that involves tree removal and land clearing at the City's discretion. An evaluation by an independent qualified professional regarding the applicant's analysis on the effectiveness of any proposed removal retention or replacement measures to include recommendations as appropriate This shall be paid at the applicant's expense and the City shall select the third party review professional F. PERMITS REQUIRED: 1. Land Development Permit: An approved land development permit, as defined in RMC 4- 8-120 D 12, is required in order to conduct tree Gutting -removal or land clearing on any site for the sake of preparing that site for future development. 2. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management, as defined in RMC 4-11-180, on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. 3. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree outtin rremoval, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. 4. Timber Stand Maintenance — Conditional Use Permit Required: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing maintenance and thinning beyond the limits allowed in subsections subsection C9 of this Section, Allowable Minor Tree Gutting Removal Activities, shall be considered as a conditional use permit by the Hearing Examiner according to the following criteria in lieu of standard conditional use permit criteria: a. Appropriate approvals have been sought and obtained with the State Department of Natural Resources; and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections H2, Applicability, Performance Standards and Alternates, and H3, General Review Criteria, of this Section; and d. Thinning activities shall be limited to less than forty percent (40%) of the volume and trees. 10 M en 5. Tree Gutting -Removal — Solar Access or Pasture Land: A routine vegetation management permit is required for tree GUttiRg-removal in greater amounts than specified under partially exempt actions in subsection C9 of this Section, Allowable Minor Tree Gutting Removal Activities, for any property where tree Gutting -removal is proposed without an associated land development permit. A routine vegetation management permit may be issued allowing tree c-uttingremoval only in the following cases: a. For purposes of allowing solar access to exiStiRg StFUGtUFessolar energy panels, or to structures that specifically incorporate solar energy in to the building design; or b. To create pasture land where agricultural activities are permitted uses in the zone. Any tree GUttiRg -removal activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas. (Ord. 5137, 4-25-2005) G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Routine Vegetation Management Permits. (Amd. Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005) H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING PERMITS: 1. Protected Trees- Retention Required: Trees shall be retained as follows: a. Damaged and diseased trees excluded: Trees that are damaged or diseased or are safety risks due to root, trunk or crown structure failure shall not be counted as protected trees. b. Residential: i. RC. R-1, R-4 and R-8 zones: Twenty-five percent (25%) of the trees located on the lot, or a minimum of twenty five (25) trees per acre which ever is greater, shall be considered protected and retained in a residential or institutional development ii. All other residential zones: Ten percent (10%) of the trees located on the lot or a minimum of ten (10) trees per acre which ever is greater, shall be considered protected and retained in a residential or institutional development. iii. Critical areas and their buffers shall be excluded from the above calculation but trees in proposed street right of ways and easements shall be counted. If the number to be retained includes a fraction of a tree any amount equal to or greater than one- half tree (1/2) shall be rounded uD• c. Industrial and Commercial: Five percent of the trees located on the lot excluding critical areas or their buffers shall be considered protected and retained in commercial or industrial developments. Critical areas and their buffers shall be excluded from this calculation, but trees in proposed street right of ways and easements shall be counted If the number to be retained includes a fraction of a tree any amount equal to or greater than one-half tree (1/2) shall be rounded up; d. Utility uses and mineral extraction uses: such operations shall be exempt from the protected tree retention requirements of this chapter if removal can be justified in writing and approved by the Reviewing Official.; e. Replacement Reguirements: 11 i. When the required number of protected trees cannot be retained new trees with a two inch (2") caliper or greater, shall be planted The replacement rate shall be twelve (12) caliper inches of new trees to replace each protected tree removed; ii. When a tree or tree cluster that is part of an approved tree retention plan cannot be retained, mitigation shall be required per subsection i above iii. Trees used to meet these replacement requirements may not be counted toward the required landscaping requirements in RMC 4-4-070 iv. Unless replacement trees are being used as part of an enhancement project in a critical area or buffer, they shall not consist of any species listed in RMC 4-4-130 H7d. f. Replanting Requirements: Residential sites that can not meet the minimum requirement of 25 trees per acre, as specified in RMC 4-4-130 H1b shall be replanted according to the replacement requirements in RMC 4-4-130 Me 2. Plan Required: When a land development permit, as defined in RMC 4-8-120 D12, is submitted to the City it shall be accompanied by a tree Gutting-removaland land clearing plan. Where it is not praGt*Gable to retain all trees on site due to a proposed development, the plan show all tFees PFOposed to be Gut on PF40Fity tree Fetention aFeas: slopes twenty five peFGent 0thiFty nine0 ,4), high OF veFY high landslide aFeas, and high 23. Applicability, Performance Standards and Alternates: All land clearing and tree G removal activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved soil engineering, engineering geology, hydrology or forest management plan and where the alternate procedures will be equal to or superior in achieving the policies of this Section. All land clearing and tree Gtgremoval activities may be conditioned to ensure that the standards, criteria, and purpose of this Section are met. 12 n M 34. General Review Criteria: All land clearing and tree GUttingremoval activities shall comply with RMC 4-4-060 Grading, Excavation, and Mining Regulations and shall meet the following criteria: a. The land clearing and tree GUttingremoval will not create or significantly contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction. b. The land clearing and tree Gattingremoval will not create or sign+fiGantiy-contribute to flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. c. Land clearing and tree E;uttingremoval will be conducted to maintain or provide visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code. d. Land clearing and tree Gettingremoval shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an approved build -out schedule and including any necessary erosion control measures. e. Land clearing and tree CUttingremoval shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas, and RMC 4-3-050, Critical Areas Regulations. f. Retained trees will not create or contribute to a hazardous condition as the result of blowdown, insect or pest infestation disease or other problems that may be created as a result of selectively removing trees and other vegetation from a lot 65. Timing: The City may restrict the timing of the land clearing and tree GUtt+ngremoval activities to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of the environment. 66. Restrictions for Critical Areas: See subsection D2 of this Section, Restrictions for Critical Areas — General, and RMC 4-3-050, Critical Areas Regulations. 77. Tree/Ground Cover Retention: The following measures may be used by the Department Reviewing Official in conditioning a land development permit or building permit proposal per sybseGtion H4 of this Section, Tree Preservation, to comply with the general review criteria of subsection i43H4:- 13 a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. The Reviewing Official may require modification of the tree retention and land clearing plan, or the associated land development permits to ensure the retention of the maximum number of trees. b. The Gity-Reviewing Official may require andlef-aNew-the applicant to relesate er replace trees, provide interim erosion control, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. dc. Where feasible, t, Trees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. ed. Except in critical areas or their buffers, unless enhancement activities are being performed, the removal of trees on the following list should be allowed in order to avoid invasive root systems, weak wood prone to breakage, or varieties which tend to harbor insect pests: i. All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Italica"), etc. ii. All Alnus species which includes red alder (Alnus oregona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. iii. Salix species which includes weeping willow (Salix babylonica), etc.; unless along iv. All Platanus species which include London plane tree (Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis), etc. 88. Protection Measures During Construction: : Protection measures in this subsection of this Section -shall apply for all trees which are to be retained in areas immediately subject to construction. iRappliGable to the 6peG;fiG on site GGRdit'ORS OF of the intent of the regulations will be b. DFip ne: All of the following tree pretestieRsafeguarding measures shall apply: ia.Construction storage prohibited: The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids operate any equipment, install impervious surfaces or compact the earth in any way within the area defined by the drip line of any tree to be retained. iib. Fenced protection area required. The applicant shall erect and maintain six -foot - high chainlinkand maintain FGpe barrieFS, temporary construction fencing around the drip lines of all retained trees or along the perimeter of a stand of retained trees -,-or- p'aee bales of hay on the dFip "Re to PFGtGGt FOWS. Placards shall be placed on fencing every fifty feet (50') indicating the words "NO TRESSPASSING- Protected 14 Trees" or on each side of the fencing if less than fifty feet (50'). Side access to individually protected trees or groups of trees shall be fenced and signed Individual trees shall be fenced on four sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. i4c. Protection from grade changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree's drip line. ivd. Impervious surfaces prohibited within the drip line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained. ve. Restrictions on grading within the drip lines of retained trees: The grade level around any tree to be retained may not be lowered within the greater of the following areas: (1) the area defined by the drip line of the tree, or (2) an area around the tree equal to one and a half feet 0 W) foot in diameter for each one inch of tree caliper. The Reviewing Official may require a larger tree protection zone based on tree size species, soil, or other conditions. W. Mulch laver required: All areas within the required fencing shall be covered completely and evenly with a minimum of three inches (3") of bark mulch prior to installation of the protective fencing Exceptions may be approved by the Reviewing Official if the mulch will adversely affect protected groundcover plants g. Monitoring required during construction: The applicant shall retain a professional arborist or a other qualified professional to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover which are to be retained. (Ord. 5137, 4-25-2005) h Alternative Protection: Alternative safeguards may be used if determined by the Reviewing Official to provide equal or greater tree protection. 9. Maintenance a. All retained trees, including protected trees, shall be maintained for the life of the project: b. All retained trees and vegetation shall be pruned and trimmed to maintain a healthy growing condition or to prevent limb failure- c. With the exception of dead diseased or damaged trees specifically retained to provide wildlife habitat: other dead, diseased damaged or stolen planting shall be replaced within three months or during the next planting season if the loss does not occur in a planting season: 10. Bonds/security a. Performance bonds or other appropriate security (including letters of credit and set aside letters) shall be required fora period of three years after the planting or transplanting of vegetation to insure proper installation establishment and maintenance b. Performance bonds or other appropriate security (including letters of credit and set aside letters) may be required if protected trees are damaged but remain in acceptable condition for a period of time related to the damage caused as determined by the Reviewing Official 15 I. VARIANCE PROCEDURES: The Hearing Examiner shall have the authority to grant variances from the provisions of this Section pursuant to RMC 4-8-070H and the decision criteria in RMC 4-9-250. (Ord. 5137, 4-25- 2005) dl. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, damaged or destroyed will constitute a separate violation, and the monetary penalty for each violated tree shall be no less than the minimum penalty, and no greater than the maximum penalty of RMC 1-3-2D. 2. Additional Liability for Damage: In addition, any person who violates any provision of this Section or of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3. Restoration Required: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures that shall be required as determined by the City. 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed in violation of, or without, an approved tree retention and land clearing plan, replacement planting of a tree of equal size, quality and species or up to three (3) trees of the same species in the immediate vicinity of the tree(s) that was removed. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s) Gr Land at -a minimum of three two inches (32") in caliper. 5. Stop Work: For any parcel on which trees and/or ground cover are improperly removed and subject to penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835, 3-27-2000; Ord. 5137, 4-25-2005) 4-7-130 ENVIRONMENTAL CONSIDERATION — GENERAL REQUIREMENTS AND MINIMUM STANDARDS: 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 16 supply, prevent erosion and to 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 subdivider in creating an attractive and healthy environment. B ACTION NOT A TAKING: No action taken herein shall constitute a taking under the laws or constitution of the State or Federal government. C ENVIRONMENTAL CONSIDERATIONS: A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000) 2. Native Growth Protection Area Easement and Minimum Lot Size: Native growth protection area easements may be included in the minimum lot size of lots created through the subdivision process; provided, that the area of the lot outside of the easement is sufficient to allow for adequate buildable area and yards. (Ord. 4835, 3-27-2000) 3. Land Clearing and Tree Retentions: ReaseRable eff Ft shall be made to preso,.ve existing Shall comply with RMC 4-4-130 Tree Retention and Land Clearing. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. 17 c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. (Amd. Ord. 4835, 3-27-2000) TABLE 4-8-120 A Line under Submittal Requirements: Tree Cutt+n 3 Removal/ Inventory/ Land Clearing Plan - Approved TABLE 4-8-120 B Line under Submittal Requirements: Tree Suttin 3Eemoval/ Inventory/ Land Clearing Plan - Approved TABLE 4-8-120C Submittal Requirement- Tree CuttongRetentionNegetation Plan TYPE OF APPLICATION/PERMIT Annexation (10% Notice of Intent) Annexation (60% Petition) Appeal Business License for Home Occupation Comp. Plan Map Amendment/Rezone Comp. Plan Text Amendment Conditional Approval Permit for a Nonconforming Structure Conditional Approval Permit for a Nonconforming Use 4 Conditional Use Permit (Administrative) 4 Conditional Use Permit (Hearing Examiner) 4 Environmental Review Environmental Review (Nonproject) 4 Grade and Fill Permit (Special) Kennel License Kennel License, Hobby Lot Line Adjustment 4 Master Site Plan (Overall) 4 Master Site Plan (Individual Phases)) 4 Mobile Home Park, Preliminary 4 Mobile Home Park, Final Modification/Alternate Request 4 Plat, Final 4 Plat, Preliminary/Binding Site Plan 4 PUD, Preliminary 4 PUD, Final Rebuild Approval Permit for a Nonconforming Structure Rebuild Approval Permit for a Nonconforming Use Rezone 4 Routine Vegetation Management Permit Shoreline Exemption 4 Shoreline Substantial Development Permit 4 Shoreline Conditional Use Permit 4 Shoreline Variance 4 Short Plat, Preliminary 4 Short Plat, Final/Binding Site Plan 4 Site Plan 4 Special Permit 4 Temporary Use Permit Variance Waiver 4 Critical Area Permit On cm 4-8-120D DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING, PLANNING AND PUBLIC WORKS APPLICATIONS 6. Definitions F: Final Plat Plan: The final plat or final short subdivision map (for short subdivisions of five (5) or more lots) shall be drawn to a scale of not less than one inch representing one hundred feet (1" = 1000) unless otherwise approved by the Department, and on sheets eighteen inches by twenty four inches (18" x 24" ). The original reproducible drawing shall be in black ink on stabilized drafting film, and shall: a. Include the date, title, name and location of subdivision, graphic scale, and north arrow. b. Include names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations. c. Include lot lines with all property lines dimensioned and square footage of each lot. d. Include location, dimensions, and square footage of any existing structures to remain within or abutting the plat. e. Include location of existing conditions (such as wetlands, steep slopes, watercourses, floodplains) on or adjacent to the site which could hinder development. (Amd. Ord. 4835, 3- 27-2000) f. Include reservations, restrictive covenants, easements (including easement language), and any areas to be dedicated to public use, with notes stating their purpose and any limitations. If a new easement is created on the plat, it must show the grantee of the easement rights. If the grantee is the City, a statement of easement provisions reserving, granting and conveying the easement, with a description of the rights and purposes need to be made on the plat. g. Include the lot and block numbering scheme and lot addresses on the plat map. Street names and addresses shall be determined by the Department in accordance with the Street Grid Ordinance (chapter 9-11 RMC), and established Department procedures for addressing of new lots. (Amd. Ord. 4835, 3-27-2000) h. Include the location and species of all trees retained or replaced in accordance with an approved Tree Retention Plan with a note stating that removal or replacement of such trees is subiect to the requirements of the Renton Municipal Code. i_Contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on - site. Shall include dimensions to the nearest one -hundredth (1/100) of a foot and angles and bearings in degrees, minutes, and seconds. +j. Include coordinates per City surveying standards for permanent control monuments. jk. Display all interior permanent control monuments located per City surveying standards. 19 kl. Be mathematically correct. 4m. Contain a legal description of the land to be subdivided on the final mylar. mn. Include certifications: in. Certification showing that streets, rights -of -way and all sites for public use have been dedicated. ii. Certification by a licensed land surveyor that a survey has been made and that monuments and stakes will be set. iii. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable. iv. Certification by the King County Finance Department that taxes have been paid in accordance with section 1, chapter No. 188, Laws of 1927 (RCW 58.08.030 and 58.08.040) and that a deposit has been made with the King County Finance Department in sufficient amount to pay the taxes for the following year. v. Certification by the City Finance Department that there are no delinquent special assessments and that all special assessments certified to the City Treasurer for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full. vi. Certification of approval to be signed by the Administrator. vii. Certification of approval to be signed by the Mayor and attested by the City Clerk. 7. Definitions G: Grading Plan: A twenty two inch by thirty four inch (22" x 34") plan drawn by a State of Washington licensed landscape architect at a scale of one inch to forty feet (1" to 40') (horizontal feet) and one inch to ten feet (1" to 10') (vertical feet) (or other size plan sheet or scale approved by the Development Service Division Plan Review Supervisor) clearly indicating the following: a. Graphic scale and north arrow. b. Dimensions of all property lines, easements, and abutting streets c. Location and dimension of all on -site structures and the location of any structures within fifteen feet (15') of the subject property or which may be affected by the proposed work, d. Accurate existing and proposed contour lines drawn a five foot (5), or less, intervals showing existing ground and details of terrain and area drainage to include surrounding off -site contours within one hundred feet (100') of the site, e. Location of natural drainage system, including perennial and intermittent streams, the presence of bordering vegetation, and flood plains. 20 9M M f. Setback areas and any areas not be disturbed, including the location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown The method of tree protection during grading and construction shall be shown If grade changes in the vicinity of the protected trees are necessary, the method of reconciling the drop line with the finished elevation shall be included (see RMC 4-4-130 Tree Retention and Land Clearing Regulations); g. Finished contours drawn at five foot (6) intervals as a result of grading, h. Proposed drainage channels and related construction with associated underground storm lines sized and connections shown, and i. General notes addressing the following (may be listed on the cover sheet): i. Area in square feet of the entire property. ii. Area of work in square feet. iii. Both the number of tons and cubic yards of soil to be added, removed, or relocated. iv. Type and location of fill origin, and destination of any soil to be removed from site. v. Finished floor elevation(s) of all structures, existing and proposed. 12. Definitions L: Landscaping Plan, Conceptual: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, parking areas, access and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five foot (5') intervals or less, e. Location, and size, and purpose of planting areas, including those required in RMC 4- 4-070 Landscaping; f. Location and height for proposed berming, g. Location and elevations for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., and h. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities.- (Ord. 5100, 11-1-2004) 21 NOW i. The location size and species of all protected trees on site Protected trees shall have the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing Regulations). Landscaping Plan, Detailed: A fully dimensioned plan, prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, drawn at the same scale as the project site plan (or other scale approved by the Reviewing Official), clearly indicating the following: a. Date, graphic scale, and north arrow, b. Location of proposed buildings, property lines, walks, parking areas, and access, and existing buildings to remain, c. Names and locations of abutting streets and public improvements, including easements, d. Existing and proposed contours at five-foot (5') intervals or less, e. Detailed grading plan, f. Location,-aR"imensions, and purpose of all planting areas (the width of a landscaping area when curbed shall be measured from inside to inside of the curbs);including those required in RMC 4-4-070 Landscaping; g. Location and height for proposed berm ing, h. Locations, elevations, and details for any proposed landscape -related structures such as arbors, gazebos, fencing, etc., i. Location, size, spacing and names of existing and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and existing utilities, i. The location, size and species of all protected trees on site. Protected trees shall have the approximate drip line shown (see RMC 4-4-130 Tree Retention and Land Clearing Regulations). }k. Names of existing and proposed vegetation, and ki. Detailed planting plan (soil mix, planting depth and width, and bark mulch depth). (Ord. 5100, 11-1-2004) 16. DEFINITIONS P Preliminary Plat or Binding Site Plan: 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 State of Washington registered land surveyor in accordance with RCW 18.43.020 and/or chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet (1" = 40¢) on an eighteen inch by twenty four inch (18" x 24" ) plan sheet (or other size or scale approved by the Development Services Division Director) and shall include the following: 22 CM CM a. Name of the proposed preliminary plat or binding site plan (and space for the future City file numbers). b. Names and addresses of the engineer, licensed land surveyor, and all property owners. c. Legal description of the property to be subdivided. d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet. e. Vicinity map (a reduced version of the neighborhood detail map as defined above). f. Drawing of the subject property with all existing and proposed property lines dimensioned. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Indicate the required yards (setbacks) with dashed lines. g. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights -of -way. h. Names, locations, types, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations. (Ord. 4587, 3-18-1996) i. Location, distances from existing and new lot lines, and dimensions of any existing and proposed structures, existing on -site trees, existing or proposed fencing or retaining walls, freestanding signs, and easements. j. Location of existing conditions on or adjacent to the site which could hinder development. k. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area. (Ord. 4835, 3-27-2000) I. A legend listing the following included on the first sheet of the preliminary plat plan: i. Total area in acres, ii. Proposed number of lots, iii. Zoning of the subject site, iv. Proposed square footage in each lot, and v. Percentage of land in streets and open space. m. Access and Utilities: Indicate how the proposed subdivision will be served by streets and utilities, show how access will be provided to all lots, and the location of sewer and water lines. n. Contours and Elevations: Shall include contour and/or elevations (at five foot (5¢) vertical intervals minimum) to the extent necessary to accurately predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least one hundred feet (1000) beyond the boundaries of the proposed plat. 23 o. Zoning: Shall indicate the zoning applicable to the land to be platted, subdivided or dedicated and of the land adjacent and contiguous. (Ord. 4954, 2-11-2002) P. Tree Retention Plan: Shall include the location size and species of all trees to be retained in accordance with the requirements of RMC 4-4-130 Tree Retention and Land Clearing 20. DEFINITIONS S 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 State of Washington registered land surveyor in accordance with RCW 18.43.010 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 Development Services Division Director). The reproducible original shall be in black ink on stabilized drafting 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. Shall show 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, h. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Lot lines with all property lines dimensioned and square footage of each lot, i. Lot numbers, j. Include the location and species of all trees retained or replaced in accordance with an approved Tree Retention Plan with a note stating that removal or replacement of such trees is subject to the requirements of the Renton Municipal Code. k. 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, III. 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 24 u En the City, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown, ml. Coordinates per City surveying standards for permanent control monuments, nm. All interior permanent control monuments located per City surveying standards, on. Statement of equipment and procedure used per WAC 332-130-100, po. Basis for bearing per WAC 332-130-150(1)(b)(iii), gp. Date the existing monuments were visited per WAC 332-103-050(1)(f)(iv), rq. Verification that permanent markers are set at corners of the proposed lots, sr. Statement of discrepancies, if any, between bearing and distances of record and those measured or calculated, is. Location, dimensions and square footage of any existing structures to remain within or abutting the plat, ut. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development, v_u. Reference to all agreements or covenants required as a condition of approval, wv. For binding site plans only: provisions requiring site development to be in conformity with the approved binding site plan, xw. 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: i. All property owners (signatures must be notarized with an ink stamp), ii. The King County Assessor, iii. The City of Renton Finance and Information Systems Director with the following text preceding: "There are no delinquent special assessments and any special assessments for any dedicated property herein contained have been paid in full", and iv. The Administrator of the Planning/Building/Public Works Department. (Ord. 4954, 2-11-2002) 25 Short Plat Map, Preliminary: A fully dimensioned plan, drawn at a scale of one inch equals forty feet (1" = 400) on an eighteen inch by twenty four inch (18" x 24" ) plan sheet (or other size or scale approved by the Development Services Division Director) and including the following information: a. Name of the proposed short plat (and space for the future City file number); b. Names and addresses of the engineer, licensed land surveyor, and all property owners; c. Legal description of the property; d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet; e. Vicinity map (a reduced version of the "neighborhood detail map" as defined above); f. A drawing of the subject property with all existing and proposed property lines dimensioned, indicating the required yards (setbacks) with dashed lines; g. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights -of -way, showing how access will be provided to all lots; h. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations; i. Contours and elevations at minimum five foot (50) vertical intervals to the extent necessary to predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least one hundred feet (1000) beyond the boundaries of the proposed short plat; j. Location and dimensions of any existing and proposed structures, existing on -site trees, existing or proposed fencing or retaining walls, freestanding signs, and easements; k. Location of existing conditions on or adjacent to the site which could hinder development; I. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area; and m. A legend listing the following included on the first sheet of the short plat plan: i. Short plat, ii. Proposed number of lots, iii. Zoning of the subject site, iv. Proposed square footage in each lot, and v. Percentage of land in streets and open space. (Amd. Ord. 4835, 3-27-2000) 26 9M ZM n. Tree Retention Plan: Shall include the location, size, and species of all trees to be retained in accordance with the requirements of RMC 4-4-130 Tree Retention and Land Clearing. 21. DEFINITIONS T Tree CuttiegRetention/Land Clearing (Tree Inventory) Plan: A full dimensional plan, drawn by a professional arborist, landscape architect, or other similarly qualified professional based on finished grade, drawn te-at the same scale as the proiect site plan with the northern property line at the top of the paper clearly showing the following: a. All property boundaries and adjacent streets, b. Location of all areas proposed to be cleared, c. TypesSpecies and sizes of vegetation to be removed, altered or retained and -the boundaries and predominant species of stands of trees consisting of five (5) or more trees. This requirement applies only to trees, six inch (6") caliper, "at Ghent level" and larger fifty-four inches (54") above grade, and the location, size and species of all protected trees on the site. d. Future building sites and drip lines of any trees which will overhang/overlap a construction line, and e. Location and dimensions of rights -of -way, utility lines, fire hydrants, street lighting, and easements. f. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan. Q. For allowed activities, including allowed exemptions modifications and variances show all trees proposed to be removed in priority tree retention areas: slopes twenty five percent (25%) to thirty nine percent (39%), high or very high landslide areas and high erosion hazard areas. h. Show trees to be removed in protected critical areas: wetlands Shorelines of the State, streams and lakes, floodways, floodplain slopes forty percent (40%) or greater, very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical areas regulations in RMC 4-3-05005. Specific Exemptions. i. Show all trees to be retained in critical area buffers. j. In all other areas of the site, trees to be removed may be indicated generally with clearing limit lines except for protected trees. The location size and species of all protected trees on a site shall be shown. The plan shall also show the planned replacement trees in accordance with RMC 4-4-130-H1e and any planned replanting areas in accordance with RMC 4-4-130- H1f. (Amd. Ord. 4963 5-13-2002. Ord. 5137 4- 25-2005) 27 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS: A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the tree Gutting -retention and land clearing regulations in RMC 4-4-130. B. AUTHORITY: The City's Development Services Division Director, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. C. APPLICABILITY, EXEMPTIONS, AND PROHIBITED ACTIVITIES: 1. General Applicability: The regulations of this Section apply to any developed, partially developed or undeveloped property where routine vegetation management activities are undertaken. a. Permit Required for Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. b. Permit Required to Use Mechanical Equipment: Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree cuttingremoval, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. c. Tree CuttingRemoval — Solar Access or Pasture Land: A routine vegetation management permit is required for tree Guttingremoval in greater amounts than specified under partially exempt actions in RMC 4-4-130C2, Allowable Tree Guttin �Removal Activities, for any property where tree cuttingremoval is proposed without an associated land development permit. A routine vegetation management permit may be issued allowing tree cuttin Iremoval only in the following cases: i. For purposes of allowing solar access to existing structures; or ii. To create pasture land where agricultural activities are permitted uses in the zone. Any tree GUttingremoval activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with RMC 4-4-130D2, Restrictions for Critical Areas. 2. Exemptions: Refer to RMC 4-4-130C. 3. Prohibited Activities: Refer to RMC 4-4-130D. D. PROCEDURES AND REVIEW CRITERIA: Permits for routine vegetation management shall be processed as follows: 28 *we 1. Submittal: An application for a routine vegetation management permit shall be submitted to the Development Services Division together with any necessary fees as required in chapter 4=1 RMC. 2. Information Required: A routine vegetation management permit application shall contain the information requested in RMC 4-8-120, Submittal Requirements — Specific to Application Type. 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Routine Vegetation Management Permit Conditions: The routine vegetation management permit may be denied or conditioned by the City to restrict the timing and extent of activities in order to further the intent of this Section including: a. Preserve and enhance the City's aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement and subsidence hazards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. e. Ensure that the proposal will be consistent with RMC 4-4-130132, Restrictions for Critical Areas, and D3, Restrictions for Gritaoal re sNative Growth Protection Areas — Routine Vegetation Management Permits. f. Ensure that protected trees are retained, consistent with RMC 4-4-130 H. 5. Time Limits for Routine Vegetation Management Permits: Any permit for routine vegetation management shall be valid for one year from the date of issuance. An extension may be granted by the Development Services Division for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. E. APPEALS: Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management permit shall be made consistent with RMC 4-8-110, Appeals. F. VIOLATIONS AND PENALTIES: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 4963, 5-13-2002; Ord. 5159, 10-17-2005) 4-11-210 DEFINITIONS T TREE: Any living woody plant ehaFaoteFized by one Fnain stem OF tFUnk and Many bFan6hes and 29 .r fer+ned srewn A self-supportying woody plant characterized by one main trunk or for certain species, multiple trunks, with a potential for maturity for a minimum trunk diameter of two inches (2") and a potential minimum height of ten feet (10'). TREE CUTTING' REMOVAL: The actual removal of the above ground plant material of a tree through chemical, manual or mechanical methods. 30 Attachment 3: Anirr_,,,,Regulations ISSUE • Should the City change the maximum allowable number of large animals per acre under the animal husbandry land use? • Should the determination for the conditional use of greater than the maximum number of allowed animals be changed from the Hearing Examiner to an Administrative Conditional Use? • Should the City strike the language regarding animal replacement and transferability, effectively allowing residents to replace animals and allow the use of property for animal husbandry to run with the land? RECOMMENDATION Staff recommends adopting code amendments that would allow two large animals per acre and the conditional use of greater number of animals to be determined by administrative decision to allow animal replacement and allow animal husbandry land use to remain an accepted use upon sale of the property. These changes reflect recommendations of the East Renton Plateau Citizens Task Force and better reflect the current animal husbandry practices that are occurring in the East Renton area. BACKGROUND SUMMARY Through the East Renton Plateau Citizens Task Force and comments at public meetings regarding the East Renton Plateau, an issue with City of Renton policy and standards for the number of animals allowable for animal husbandry with large animals was brought forward. Current City policy limits the number of large animals to one animal per acre. A point of concern regarding the welfare of large animals, which tend to be herd animals, was made. Additionally, it was expressed that the current City policy simply encourages residents to be non -compliant until such time that they are notified that they are not in compliance with City code. Currently, City code requires a Hearing Examiner public hearing in order to seek permission to keep greater than the allowable number of animals for animal husbandry. It was expressed that this adds a layer of inconvenience and cost to animal owners as they seek to comply with City Code and obtain a conditional use permit if they have more animals than the stated maximum animals. Further, the costs associated with appealing to the Hearing Examiner may discourage residents from following City code. The process and costs related to obtaining an Administrative Conditional Use is simplified and costs less for citizens. The section of code regarding non -conforming uses for the keeping of animals has a clause that does not allow animal replacement for grandfathered animals. It was expressed that this policy simply encourages animal owners to circumvent City policy by claiming that replacement animals are in fact the original animal. Elimination of this H:IEDNSP\Title IV\Multiple Zone Amends\Residentiahissue paper animal regulations.doc Page 1 of 2 clause better accommodates animal owners and the historical use of their land for animal husbandry. The non -conforming use section also has a clause that does not allow a non- conforming use to remain with the property on which the use is occurring if the property is sold. This policy is not necessarily appropriate for lower density areas that have a history of land use with animal husbandry; it may unduly place higher density land use standards on such an area. CONCLUSION City of Renton code regarding animal husbandry is perceived as unfair. Amending code to allow two large animals per acre would demonstrate a better understanding of the nature of herd animals and the keeping of such animals. The East Renton Plateau is a Potential Annexation Area with a significant amount of lower density, R-4 and R-1, land use. If the area votes in favor of annexation, it is likely that many residents would not wish to be required to change their lifestyle and the historical use of their property for the purposes of animal husbandry. Amending the code to better accommodate this type of lower density land use is appropriate. H:\EDNSP\Title IV\Multiple Zone Amends\Residential\issue paper animal regulations.doc Page 2 of 2 w.r 4-4-010 STANDARDS AND REVIEW CRITERIA FOR KEEPING ANIMALS: A. PURPOSE AND INTENT: Since the nature of growth generates greater competition by both humans and animals for available space, it is imperative that growth and the keeping of animals be located appropriately and managed effectively to ensure compatibility and harmony. In particular, animals need to be monitored to lessen the impacts of noise, odor, and potential nuisance not only on -site but more particularly to adjacent properties. Animal owners keep their animals for a variety of reasons including, but not limited to, companionship, affection and protection. In order that the keeping of animals may coexist harmoniously with adjacent and abutting uses, regulations are necessary. B. AUTHORITY: 1. Responsibility: Responsibility for enforcement of the provisions of this Section shall be as follows: a. Animal Control Officer: All those matters related to care, maintenance, and individual licensing. b. Development Services Division: All those matters concerning land use and zoning. Any doubt regarding responsibility will be administratively determined. C. APPLICABILITY: The keeping of animals by an owner/tenant where permitted in the zoning districts shall comply with the requirements of this Section. These regulations shall apply to existing and future cases where an owner/tenant is keeping animals. D. EXEMPTIONS: Household pets as defined in RMC 4-11-160 are a permitted use in all zones in the City and as such are not regulated by this Section provided they number three (3) or less. (Amd. Ord. 4999, 1-13-2003) E. PROHIBITED ANIMALS: See RMC 6-6-12. F. GENERAL REQUIREMENTS FOR KEEPING ANIMALS: 1. Residence: It is assumed that an animal owner either lives on the property where an animal is kept or has arranged with a tenant to care for the animal. 2. Shelter Location: Shelter shall be provided in clean structures located a minimum of twenty five feet (25') from any property line unless otherwise specified in RMC 4 4- 010G and H, Additional Requirements for Hobby Kennels (Four (4) to Eight (8) Animals), or Additional Requirements for Kennels (Nine (9) or More Animals). Private barns and stables shall be located a minimum of fifty feet (501) from any property line. All structures, corrals, feeding, exercising, training, riding or other facilities associated with commercial horse and pony boarding, riding stables, and schools shall be located a minimum of fifty feet (50') from any property line. 3. Confinement: All animals shall be kept and maintained in a manner which confines their movement and activity to the premises of the owner/tenant. 4. Health and Safety: All animals shall be kept in such a manner so as not to create any objectionable noise, odor, or otherwise cause to annoy or become a public nuisance to the health, safety or general welfare of any person. 5. Animal Waste: Animal waste shall be properly disposed of, and any accumulated animal waste must not be stored within the shelter setback area. Steps must be taken to minimize odor and the potential for the infestation of insects or the spread of disease. Any storage of animal waste must not constitute a nuisance as defined in chapter 1-3 RMC. 6. Fencing: Electric and barbed wire fences may be used to confine animals provided the conditions of RMC 4-4-040, Fences and Hedges, are met. G. ADDITIONAL REQUIREMENTS FOR HOBBY KENNELS (FOUR (4) TO EIGHT (8) ANIMALS): 1. Fencing Required: All open -run areas shall be surrounded by a six foot (6') fence located a minimum of ten feet (10') from all property lines. 2. Waste Removal: Provision shall be made for the removal of animal and food wastes, to keep the kennel free from the infestation of insects or rodents or disease, and from obnoxious or foul odors. 3. Shelter Location: Shelter shall be provided in clean structures located only in the rear yard unless the Development Services Division, based upon information provided by an owner/tenant, determines that a side yard would be a better location for the shelter. The shelter shall be located ten feet (10') from side and rear property lines. 4. Hobby Kennel License: A hobby kennel license is required per RMC 4-9-100. H. ADDITIONAL REQUIREMENTS FOR KENNELS (NINE (9) OR MORE ANIMALS): 1. Shelter: Shelter shall be provided for animals in clean structures which shall be kept structurally sound, maintained in good repair, contain the animals, and restrict entrance of other animals. These structures, together with associated runs, shall be located a minimum of fifty feet (50') from any property line and must be located in a rear yard. 2. Food and Bedding: Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. 3. Waste Removal: Provision shall be made for the removal of animals and food wastes, bedding, and debris disposal in order to keep the kennel free from the infestation of insects, rodents, or disease and from obnoxious or foul odors. 4. Criteria for Indoor Kennel Facilities: Applicants for kennels must show that indoor facilities have a sufficient heating and cooling system to provide a moderate temperature throughout the year; a sufficient ventilation system to circulate the air; an adequate natural or artificial lighting system to allow inspection and cleaning at any time of the day and that interior wall and ceiling surfaces are constructed of materials which are resistant to the absorption of moisture and odors. cm cm 5. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be constructed to provide shelter from the weather and associated elements while providing sufficient space for animal movement and exercise. Adequate drainage must be provided to prevent water buildup and subsequent damage and to facilitate waste removal. Adequate fences or retaining walls must be constructed to contain animals and prevent intrusion by others. I. REVIEW CRITERIA FOR KENNELS AND HOBBY KENNELS: Special review criteria for all types of kennels to be considered by the Reviewing Official are included in RMC 4-9-100F. J. REVIEW CRITERIA FOR BOARDING AND STABLES: For uses such as commercial horse and pony boarding, riding stables, and schools the conditional use criteria of RMC 4-9-030 shall be applicable. K. BEEKEEPING: 1. Minimum Setback: Hives shall be located a minimum of twenty five feet (25') from an interior lot line, with the hive(s) entrance(s) facing away from the nearest property line. Hives shall be located a minimum of one hundred feet (1001) from public and/or private rights -of -way or access easements. 2. Maintenance Standards: a. Hives shall be maintained to avoid overpopulation and minimize swarming, for example by requeening regularly, so as not to become a nuisance. b. Hives shall be marked or identified to notify visitors. L. NONCONFORMING USES: In cases where the keeping of animals does not comply with these regulations, the situation shall be classified as a nonconforming use. The ewnerAenant shall be allowed to keep the number of animals existing at the tirne the Seetien beearne effeetive 4486r 03 IM M. VIOLATIONS AND PENALTIES: 1. Compliance with Current Code Regulations: In those situations where the keeping of animals does not comply with these regulations and the situation is not classified as a nonconforming use, then the owner shall have to comply with the Code regulations. 2. Fines: Violation of land use permits granted are subject to fines established in this Code. All other violations of police regulations shall be administered in accordance with Chapter 6-6 RMC, Animals and Fowl at Large. (Ord. 3927, 7-15-1985; Ord. 4351, 5-4-1992; Amd. Ord. 4963, 5-13-2002) u � AVI) tn I D r N N DOF In a� � rray �D a" O N o N a P� 4 -ell U L M u � -, W) .) 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