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HomeMy WebLinkAboutORD 5519CITY OF RENTON, WASHINGTON ORDINANCE NO. 5519 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, CHAPTER 7, SUBDIVISION REGULATIONS, CHAPTER 8, PERMITS - GENERAL AND APPEALS, CHAPTER 9, PERMITS - SPECIFIC, AND CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO AMEND LAND USE PERMIT PROCESSES. WHEREAS, City development regulations establish predictable processes for the development and subdivision of land; and WHEREAS, land use permit procedures identify the decision and recommendation authority, process for public notice, open and closed record hearing requirements, and appeal authority; and WHEREAS, the City recognizes that streamlining land use permit procedures would result in effective land use permitting; and WHEREAS, the City recognizes that public involvement in land use permitting would remain available to all interested parties; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and ORDINANCE NO. 5519 WHEREAS, the Planning Commission held a public hearing on September 23, 2009, having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-060D, Other Residential, Lodging and Home Occupations, 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 to read as shown on Attachment A. SECTION II. Subsection 4-2-0601, Retail, 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 to read as shown on Attachment B. SECTION III. Subsection 4-2-060J, Entertainment and Recreation, 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 to read as shown on Attachment C. SECTION IV. Subsection 4-2-060K, Services, 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 to read as shown on Attachment D. ORDINANCE NO. 5519 SECTION V. Subsection 4-2-060L, Vehicle Related Activities, 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 to read as shown on Attachment E. SECTION VI. Subsection 2 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial 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 to read as follows: 2. The following table indicates the maximum requested size/standard change that may be allowed by an Administrative conditional use permit. Increases above these levels may not be achieved by a variance or the conditional use permit process. APPLICABLE ZONE CN CN All of the CV Zone STANDARD CHANGE REQUEST Uses restricted to 3,000 gross s.f. - increases: Between 3,000 - 5,000 s.f. Uses restricted to 5,000 gross s.f. - increases up to: 20% or 1,000 gross s.f. Uses restricted to 65,000 gross s.f. - increases up to: 40% or 26,000 gross s.f. SECTION VII. Subsection 10 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 ORDINANCE NO. 5519 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: 10. Heights may exceed the maximum height under an Administrative conditional use permit. In consideration of a request for a conditional use permit for a building height in excess of ninety five feet (95') the Administrator of the Department of Community and Economic Development and/or designee shall consider the following factors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant information: a. Location Criteria: Proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c. Effect on Adjacent Properties: Buildings in excess of ninety-five feet (95') in height at the proposed location shall not result in substantial or undue adverse effects on adjacent property. When a building in excess of ninety-five feet (95') in height is adjacent to a lot designated residential on the City Comprehensive Plan, then setbacks shall be equivalent to the requirements of the adjacent residential zone. ORDINANCE NO. 5519 d. Bulk: Buildings near public open spaces should permit public access and, where feasible, physical access to the public open space. Whenever practicable, buildings should be oriented to minimize the shadows they cause on publicly accessible open space. e. Light and Glare: Due consideration shall be given to mitigation of light and glare impacts upon streets, major public facilities and major public open spaces. SECTION VIII. Subsection 12 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial 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 to read as follows: 12. Heights may exceed the maximum height by up to fifty feet (50') with bonuses for plazas and other amenities, subject to an Administrative conditional use permit. SECTION IX. Subsection 16 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial 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 to read as shown as follows: 16. The following height requests may be allowed by an Administrative conditional use permit: ORDINANCE NO. 5519 APPLICABLE ZONE All oftheCV Zone All of the CA Zone HEIGHT CHANGE REQUEST Exceed height of 50 feet Exceed height of 45 feet when abutting R-8 or R-10 Zone Exceed maximum height In consideration of a request for a conditional use permit for additional building height, the Reviewing Official shall consider all relevant information, and the following factors along with the criteria in RMC 4-9-030, Conditional Use Permits. a. Location Criteria: Proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c. Effect on Adjacent Properties: Building heights shall not result in substantial or undue adverse effects on adjacent property. When a building in excess of the maximum height is proposed adjacent to or abuts a lot designated R-l, R-4, R-8, R-10, R-14 or RM-F, then the setbacks shall be equivalent to the requirements of the adjacent residential zone if the setback standards exceed the requirements of the Commercial Zone. SECTION X. Subsection 4 of subsection 4-2-130B, Conditions Associated with Development Standards Table for Industrial Zoning Designations, of Chapter 2, Zoning Districts ORDINANCE NO. 5519 - 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 to read as follows: 4. To construct a building or structure in excess of 50' requires an Administrative Conditional Use Permit. SECTION XI. Subsection 4-3-050N.3.a.iii, Review Authority, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: iii. Review Authority: A variance shall be decided by the Administrator based on the standards set forth in RMC 4-9-250B, Variance Procedures. SECTION XII. Subsection 4-3-050N.3.c.iii., Review Authority, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: iii. Review Authority: Variances shall be determined administratively by the Administrator of the Department of Community and Economic Development and/or designee, as indicated in RMC 4-9-250B. SECTION XIII. Subsection 4-4-1301, Variance Procedures, 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: ORDINANCE NO. 5519 I. VARIANCE PROCEDURES: The Reviewing Official shall have the authority to grant variances from the provisions of this Section pursuant to RMC 4-8-070D and the decision criteria in RMC 4-9-250. SECTION XIV. Section 4-7-020, Administering Authority, 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: A. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT (CED): CED is responsible for the administration and coordination of this Chapter including but not limited to, reviewing all engineering and technical requirements of this Chapter, unless another department is authorized to administer and enforce a specific section or sections. B. ADMINISTRATOR: The Administrator of the Department of Community and Economic Development and/or designee shall review and make recommendations to the Hearing Examiner for preliminary plats, but shall have the authority to approve short plats. C. HEARING EXAMINER: The Hearing Examiner is authorized to hold a public hearing on all preliminary plats and shall approve all preliminary plats and final plats. SECTION XV. Subsection 4-7-050C.4, Plats with Four (4) or Less Lots, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled ORDINANCE NO. 5519 "Code of General Ordinances of the City of Renton, Washington", is hereby amended to change the title to "Short Plats", and to read as follows: 4. Short Plats: The Administrator of the Department of Community and Economic Development and/or designee may approve, modify, or deny the short subdivision; or transfer the matter to the Hearing Examiner for a public hearing and decision. SECTION XVI. Subsection 4-7-050C.5, Plats with Five (5) to Nine (9) Lots, 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 deleted and the remaining subsections renumbered accordingly. SECTION XVII. Subsection 4-7-050D.5, Hearing, 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: 5. Hearing: The Hearing Examiner shall hold a public hearing and issue a final determination regarding the preliminary plat. SECTION XVIII. Subsection 4-7-050D.7, Final Review, 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: 7. Final Review: The applicant submits the final plat to the Department of Community and Economic Development for its review. The CED Department will forward the final plat and its recommendation to the Hearing Examiner. ORDINANCE NO. 5519 SECTION XIX. Subsection 4-7-050D.8, Recording, 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: 8. Recording: The approved final plat is recorded with the office of the King County Department of Records and Elections. SECTION XX. Subsection 4-7-070H.2, Action, 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: 2. Action: The Administrator may approve, approve with modifications, or deny the application for a short plat. Action for short plats otherwise referred to the Hearing Examiner, shall be by the Hearing Examiner. Every decision or recommendation made under this Section shall include findings of fact and conclusions to support the decision or recommendation. SECTION XXI. Subsection 4-7-070H.5, Referral to the Hearing Examiner, 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: 5. Referral to the Hearing Examiner: If the Administrator determines that there are sufficient concerns by residents in the area of the short plat, or by City staff, to warrant a public hearing, then he/she shall refer the short plat to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing shall be given as required for a full subdivision. 10 ORDINANCE NO. 5519 SECTION XXII. Subsection 4-7-0801.1, Public Hearing Required, 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: 1. Public Hearing Required: The Hearing Examiner shall hold a public hearing on any preliminary plat and either approve, approve with conditions or deny the preliminary plat. The Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards. The Hearing Examiner's decision shall be supported by findings of fact and conclusions of law. SECTION XXIII. Subsection 4-7-080J, Health Agency Recommendation, 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: J. HEALTH AGENCY RECOMMENDATION: The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with the CED Department, prior to the Hearing Examiner's consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. (Applicant is responsible for submitting appropriate application forms to the Seattle-King County Health Department and for paying the Health Department review fee.) 11 ORDINANCE NO. 5519 SECTION XXIV. Subsection 4-7-080K, City Council Action, 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 repealed. SECTION XXV. Subsection 4-7-080L.2, Additional Extensions, 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: 2. Additional Extensions: Additional time extensions beyond this one-year time period may be granted by the Hearing Examiner if the applicant can show need caused by unusual circumstances or situations which make it unduly burdensome to file the final plat within the four (4) year time period. The applicant must file a written request with the Hearing Examiner and the CED Department for this additional time extension; this request must be filed at least thirty (30) days prior to the plat expiration date. The request must include documentation as to the need for the additional time period. SECTION XXVI. Subsection 4-7-080L4, Phased Subdivision, 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: 4. Phased Subdivision: In the case of a phased subdivision, final plat approval by the Hearing Examiner of any phase of the preliminary plat will constitute an automatic one-year extension for the filing of the next phase of the subdivision. 12 ORDINANCE NO. 5519 SECTION XXVII. Subsection 4-7-080M.3, Process for Major Amendments, 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: 3. Process for Major Amendments: If the Administrator determines that the proposed amendment is major, the Hearing Examiner shall hold a public hearing on the proposed major amendment in accordance with the requirements for preliminary plat approval found in subsection I of this Section provided, however, that any public hearing on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. Following the public hearing, the Hearing Examiner shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of the preliminary plat approval to the extent that they are reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions specified by the Hearing Examiner, the applicant may withdraw the proposed major amendment and develop the subdivision in accordance with the original preliminary plat approval (as it may have previously been amended). SECTION XXVIII. Subsection 4-7-110C, City Council Approval, 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 change the title to "Hearing Examiner Approval", and to read as follows: 13 ORDINANCE NO. 5519 C. HEARING EXAMINER APPROVAL: At its first public meeting following the date the final plat application has been officially accepted by the CED Department, the Hearing Examiner shall set a date to consider the final plat. The final plat shall be approved, disapproved or returned to the applicant for modification or correction by the Hearing Examiner. SECTION XXIX. Subsection 4-7-110E, Filing Final Plat, 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: E. FILING FINAL PLAT: The Administrator of the Department of Community and Economic Development and/or designee must provide written approval of the final plat prior to its submission to the Hearing Examiner. The final plat must then be approved by the Hearing Examiner, and signed by the Mayor and the City Clerk, prior to being filed with the King County Department of Records and Elections by the City. SECTION XXX. Subsection 4-7-110F, Expiration of Plat After Approval, 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: F. EXPIRATION OF PLAT AFTER APPROVAL: 14 ORDINANCE NO. 5519 If a final plat has not been recorded within six (6) months after approval by the Hearing Examiner, the plat shall expire and be null and void. To revitalize the expired plat, the plat shall be resubmitted as a preliminary plat. One extension to the six (6) month period may be granted by the Hearing Examiner. SECTION XXXI. Subsection 4-7-120A, Continuity with Improved Additions, 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: A. CONTINUITY WITH IMPROVED ADDITIONS: No plan for the replatting, subdivision, or dedication of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or highway. SECTION XXXII. Subsection 4-7-220B, Procedure, 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 repealed. SECTION XXXIII. Subsection 4-7-230H, Permit Procedures for Binding Site Plan Approval, 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: H. PERMIT PROCEDURES FOR BINDING SITE PLAN APPROVAL: 15 ORDINANCE NO. 5519 1. Permit Type: Binding site plans shall be processed as Type II permits in accordance with the procedures in chapter 4-8 RMC for Type II permits and the standards and criteria set forth in this Section, unless the applicant elects to merge the binding site plan application with the site plan review process or combined site plan/planned action review process in which case the binding site plan shall be processed in accordance with the procedures set out in chapters 4- 8 and 4-9 RMC. If a binding site plan permit is processed concurrently, but not merged with another permit process, then the binding site plan application shall be processed as a Type II permit. 2. Review Authority: Pursuant to chapter 4-8 RMC, the Responsible Official for a binding site plan application shall be the Administrator, unless the applicant elects to have the binding site plan application merged with a Type III permit site plan application or a development agreement under chapter 36.70B RCW. If a binding site plan application is to be processed with a Type III site plan, then the responsible Reviewing Official shall be the Hearing Examiner. If a binding site plan application is to be processed with a development agreement, the responsible Reviewing Official shall be the City Council. The final decision on a development agreement with an application for a binding site plan shall be made by City Council. No administrative appeal of the City Council decision shall be available. If a binding site plan is merged with a planned urban development application, the review authority shall be determined pursuant to RMC 4-9-150. 16 ORDINANCE NO. 5519 SECTION XXXIV. Subsection 4-7-230K.4, Referral to the Hearing Examiner, 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: 4. Referral to the Hearing Examiner: Except when a binding site plan is merged with a development agreement, if the Reviewing Official determines that there are sufficient concerns by residents in the area of the binding site plan, or by City staff, to warrant a public hearing, then he/she shall refer the binding site plan to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing will be given as for a Type III permit hearing. Binding site plans merged with development agreements shall be approved by City Council pursuant to the requirements of RCW 36.70B.170 et seq. SECTION XXXV. Subsection 4-7-240A, Authority, 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: A. AUTHORITY: A variance from the requirements of this Chapter may be approved by the Hearing Examiner, pursuant to RMC 4-9-250B. SECTION XXXVI. Section 4-8-040, Permit Processes Classified by Type, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 17 ORDINANCE NO. 5519 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: 4-8-040 PERMIT PROCESSES CLASSIFIED BY TYPE: Development subject to review by the City is classified and processed using one of the six (6) types of land use permit procedures listed in RMC 4-8-080G. The review process for the types of permit review procedures are described in RMC 4-8-080H. If the code does not expressly provide for review according to one of the (6) types of permit review procedures, and another specific procedure is not required by law, the Development Services Division shall classify the application. SECTION XXXVII. Subsection 3 of subsection 4-8-070D, Community and Economic Development Administrator or Designee, 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: 3. Permits to rebuild for nonconforming structures; SECTION XXXVIII. Subsection 15 of subsection 4-8-070D, Community and Economic Development Administrator or Designee, 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: 15. Short plats; SECTION XXXIX. Subsection a of subsection 4-8-070D.20, Variances, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 18 ORDINANCE NO. 5519 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: a. Administrative pursuant to RMC 4-9-250B; SECTION XL. Subsection 4-8-070D, Community and Economic Development Administrator or Designee, 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 add a new subsection 22, to read as follows: 22. Final Planned Urban Developments. SECTION XLI. Subsection 4-8-070H.1, Authority, 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: 1. Authority: The Hearing Examiner shall review and act on the following: a. Appeals of administrative decisions/determinations (including, but not limited to, parking, sign, street, tree cutting/routine vegetation management standards, and Urban Center Design Overlay District regulations) and ERC decisions, excepting determinations of whether an application is a bulk storage facility which shall be appealable to the City Council, b. Appeals relating to RMC 4-5-060, Uniform Code for the Abatement of Dangerous Buildings, c. Bulk storage special permit and variances from the bulk storage regulations, 19 ORDINANCE NO. _5519_ d. Permit to rebuild for nonconforming uses, e. Conditional use permit, f. Fill and grade permit, special, g. Master Plan review (overall plan) and major amendments to an overall Master Plan, h. Mobile home parks, preliminary and final, i. Planned urban development, preliminary, j. Plats, preliminary and final, k. Shoreline conditional use permit, I. Shoreline variance, m. Site plan approvals requiring a public hearing, n. Special permits, o. Variances from wireless communication facility development standards, the provisions of the subdivision regulations, and variances associated with a development permit that requires review by the Hearing Examiner, and p. Building permits submitted in conjunction with any of the above. SECTION XLI I. Subsection 4-8-070H.3, Recommendations, 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: 3. Recommendations: The Hearing Examiner shall hold a public hearing and make recommendations to the City Council on the following: 20 ORDINANCE NO. 5519 a. Rezones, site specific, in conformance with the Comprehensive Plan, b. Special permits requiring Council approval. SECTION XLIII. Subsection 4-8-0701, City Council, 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 delete subsections 7, 8, 9 and 14 and to renumber the remaining subsections accordingly. SECTION XLIV. Subsection 4-8-080G, Land Use Permit Procedures, 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 as shown on Attachment F. SECTION XLV. Subsection 4-8-080H, Review Processes, 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 deleted. SECTION XLVI. Subsection 4-9-030C, City Authority, 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: C. CITY AUTHORITY: The Administrator of the Department of Community and Economic Development and/or designee or the Hearing Examiner, as specified in RMC 4-2- 060, Zoning Use Tables, shall have the authority to permit conditional uses. SECTION XLVII. Subsection 4-9-030G, Decision Criteria, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General 21 ORDINANCE NO. 5519 Ordinances of the City of Renton, Washington", is hereby amended so the first sentence following the subsection heading "G. DECISION CRITERIA" is amended to read as shown below. Subsections 4-9-030G.1 - 11 shall remain as currently codified, except as amended in Sections XLVIII and XLVIIII of this ordinance. G. DECISION CRITERIA: The Planning Director or the Hearing Examiner shall consider the following factors, among all other relevant information: SECTION XLVIII. Subsection 4-9-030G.2, Community Need, 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: 2. Community Need: The proposed use constitutes a community need for the proposed use at the proposed location. Community Need factors include, among all other relevant information: a. The proposed location shall not result in either the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. b. That the proposed location is suited for the proposed use. SECTION XLIX. Subsection 4-9-030G.8, Landscaping, 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: 22 ORDINANCE NO. 5519 8. Landscaping: Landscaping shall be provided in all areas not occupied by buildings or paving. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. SECTION L. Subsection 4-9-030L, Decision and Conditions, 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: L DECISION AND CONDITIONS: The governing authority may grant, with or without conditions, or deny the requested conditional use permit. The Planning Director or Hearing Examiner shall have authority to grant the conditional use permit upon making a determination, in writing, that the use is consistent with subsection G of this Section, Decision Criteria. The Planning Director or Hearing Examiner may limit the term and duration of the conditional use permit. Conditions imposed by the Planning Director or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop. SECTION LI. Subsection 4-9-150C, Roles and Responsibility, 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: C. ROLES AND RESPONSIBILITY: 1. The Department of Community and Economic Development (CED): CED shall be responsible for the general administration and coordination of this 23 ORDINANCE NO. 5519 Section. However, all proposed Code modifications shall be reviewed at the same time by the Hearing Examiner. 2. City Departments: Applicable City departments shall review each proposed planned urban development in accordance with procedures in chapters 4-8 and 4-9 RMC as appropriate. 3. Hearing Examiner: The Hearing Examiner shall be the official City designee for the public hearings, or review of requested Code modifications, as well as the overall proposal itself. SECTION Lll. Subsection 4-9-150F, Procedure for Preliminary Approval of Planned Urban Developments, 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: F. PROCEDURE FOR PRELIMINARY APPROVAL OF PLANNED URBAN DEVELOPMENTS: The approval of a planned urban development shall be by the Hearing Examiner, upon recommendation from the City Staff, and shall be processed in accordance with the following procedures: 1. Permit Process: Planned urban developments shall be processed consistent with chapter 4-8 RMC as Type II or III permits as specified. 2. Filing of Application: The application for preliminary approval of a planned urban development shall be filed with the Department of Community and Economic Development accompanied by a filing fee as established by RMC 24 ORDINANCE NO. 5519 4-1-170, Land Use Review Fees. Wherever a planned urban development is intended to be subdivided into smaller parcels, an application for preliminary plat approval may be submitted together with the application for final planned urban development approval. In such case, the preliminary plat and the final planned urban development shall be processed and reviewed concurrently. Subsequent to final planned urban development approval, a planned urban development may also be subdivided by the binding site plan process. 3. Informal Review: Applicant must submit a conceptual plan for preapplication review, prior to submission of an application for preliminary approval. 4. Submittal Requirements and Application Fees: A preliminary development plan shall be submitted to the Department of Community and Economic Development and shall include the general intent of the development, apportionment of land for buildings and land use, proposed phases, if any, and such other information or documentation which the Department of Community and Economic Development shall require. Submittal requirements and fees shall be as listed in RMC 4-1-170, Land Use Review Fees, and RMC 4-8-120C, Land Use Applications. 5. Public Notice and Comment Period: See RMC 4-8-090, Public Notice Requirements. 6. Phasing: Planned urban developments may be proposed to be developed in one or more phases. If developed in phases, each phase of the planned urban 25 ORDINANCE NO. 5519 development shall contain adequate parking, open space, recreation space, public benefits, landscaping, buffering, circulation, utilities and other improvements necessary so that each phase, together with any earlier phases, may stand alone and satisfy the purposes of this Section. Further, each phase must meet the requirements of subsection D2 of this Section, Public Benefit Required, unless the public benefits have been met by previously approved phases. 7. Review Process: The preliminary plan shall be circulated to all reviewing departments for comments. The Department of Community and Economic Development shall evaluate whether the plans comply with the development policies of the Renton Comprehensive Plan and this Section and shall make a recommendation to the Hearing Examiner accordingly. 8. Decision: a. Preliminary Planned Urban Development - New Development: After public hearing, the Hearing Examiner shall approve, approve with conditions, or deny the preliminary plan. The preliminary plan shall contain an accurate description of the boundaries, land uses and number of units of the planned urban development, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval. b. Preliminary Planned Urban Development - Existing Development with Binding Site Plan: After public hearing, the Hearing Examiner shall approve, approve with conditions, or deny the preliminary plan. The preliminary plan shall 26 ORDINANCE NO. 5519 contain an accurate description of the boundaries, land uses and number of units of the planned urban development, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval, on its face prior to recording with King County. 9. Effect of an Approved Preliminary Plan: The approval of a preliminary plan constitutes the City's acceptance of the general project, including its density, intensity, arrangement and design. Approval authorizes the applicant or subsequent owner to apply for final plan approval of the planned urban development or phase(s) thereof. Preliminary plan approval does not authorize any building permits or any site work without appropriate permits. An approved preliminary plan binds the future planned urban development site and all subsequent owners to the uses, densities, and standards of the preliminary plan until such time as a final plan is approved for the entire site or all phases of the site, or a new preliminary plan is approved, or the preliminary plan is abandoned in writing or expires subject to the provisions of subsections G and K of this Section. 10. Zoning Map Revised: a. New Planned Urban Development Approval: Upon the authority of the approval ordinance of a preliminary planned urban development, the City shall place the planned urban development land use file number as an overlay on the subject property on the City of Renton Zoning Map. 27 ORDINANCE NO. 5519 b. Demonstration Ordinances: Ordinances 4468 and 4550 which created demonstration developments known as Village on Union and certain divisions of the Orchards are hereby considered final planned urban developments for the purposes of code implementation. SECTION LI 11. Subsection 4-9-150G.1, Time Limits, 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: 1. Time Limits: The developer shall, within two (2) years of the effective date of action by the Hearing Examiner to approve the preliminary plan, submit to the Department of Community and Economic Development a final development plan showing the ultimate design and specific details of the proposed planned urban development or the final phase or phases thereof. Upon application by the developer, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of twelve (12) months. Application for such extension shall be made at least thirty (30) days prior to the expiration date of preliminary plan approval. Only one such extension may be granted for a planned urban development. If a final development plan is not filed within such two (2) years or within the extended time period, if any, the planned urban development preliminary plan shall be deemed to have expired or been abandoned. To activate an expired or abandoned planned urban development a new application is required. 28 ORDINANCE NO. 5519 SECTION LIV. Subsection 4-9-150G.2, Submittal Requirements and Fees for Final Plan Application, 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: 2. Submittal Requirements and Fees for Final Plan Application: A final plan application shall be submitted for a planned urban development, or a phase thereof, to the Department of Community and Economic Development. The proposed final plan shall be in substantial conformance with the approved preliminary plans, including phasing, subject to the provisions of subsections G4 and G5 of this Section. Submittal requirements shall be as listed in RMC 4-8- 120C, Land Use Applications. Application fees shall be as listed in RMC 4-1-170, Land Use Review Fees. SECTION LV. Subsection 4-9-150G.6, Review and Approval of Final Plan, 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: 6. Review and Approval of Final Plan: The final plan shall be reviewed by the applicable City departments, in the manner prescribed for preliminary plans, to determine if the final plan is in substantial conformance with the approved preliminary plan and is consistent with the purposes and review criteria of this Section. The Planning Director shall make a decision to approve, approve with conditions or deny the final plan. The decision shall include a description of the 29 ORDINANCE NO. 5519 elements of the approved planned urban development, including land uses, number of units, phasing, the effective date of approval and of expiration, time limits, required improvements and the schedule for implementation, and any conditions that may apply to the planned urban development. a. Covenants Required: i. Covenants Generally: As a condition of final planned urban development approval, covenants shall be executed that run with the land, and with all subdivided portions thereof, stating that such property is part of an approved planned urban development, and including the file number thereof and a description of the uses, densities and phases of the approved planned urban development. Such covenant shall also be recorded for each property created through any subsequent subdivisions. ii. Specifications of Variations: All final planned urban developments shall include specifications that are recorded with the planned urban development indicating which lots or structures vary from which specific zoning requirement. Covenants shall indicate that such lots or structures shall meet the standard created with the approval of the planned urban development or the current zone in effect at the time of subsequent land use, building or construction permits. b. Property Owners' Association Required: For residential planned urban developments, the developer or owner(s) of a planned urban development shall be required to form a legally incorporated property owners' 30 ORDINANCE NO. 5519 association prior to the occupancy of any portion of a planned urban development. If there is only one owner of the planned urban development, either a property owners' association shall be formed or a covenant running with the land shall be filed requiring the formation of such an association prior to the first subsequent sale of the property, or portion thereof. For nonresidential planned urban developments, the City may establish covenants as necessary to ensure maintenance of infrastructure and open space or other common improvements. SECTION LVI. Subsection 4-9-150G.8.a, Expiration, 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: a. Expiration: The applicant shall prepare and submit building permit applications which are accepted as substantially complete to the Department of Community and Economic Development within six (6) months of the effective date of approval. The developer shall complete the approved planned urban development or any phase thereof included in the approved final plan within two (2) years from the date of the decision to approve the final plan by the Planning Director, unless a shorter time is designated. Failure to complete the planned urban development, or any phase thereof, within this time limit will require the submittal of a new preliminary and final plan application in order to continue construction of the planned urban development. Failure to submit a new application or to complete the planned urban development once 31 ORDINANCE NO. 5519 construction has begun shall constitute abandonment of the planned urban development subject to subsection J of this Section. Expiration of any building permit issued for a planned urban development shall be governed by the provisions of the applicable Building Code. Construction of any portion of the planned urban development requires a current approved planned urban development and a current building permit. SECTION LVII. Subsection 4-9-1501, Appeals of Examiner's Decision on a Final Planned Urban Development, 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: I. APPEALS OF EXAMINER'S DECISION ON A FINAL PLANNED URBAN DEVELOPMENT: The Planning Directors decision on a final planned urban development may be appealed to the Hearing Examiner pursuant to RMC 4-8-110. If the Hearing Examiner acts on appeal to approve a final planned urban development, the decision will include an effective date of approval consistent with subsections G and K of this Section. SECTION LVIII. Subsection 4-9-150K.1, Expiration, 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: 1. Expiration: Expiration of an approved preliminary plan shall be defined as failure to satisfy the time limits or other requirements of submitting a final plan 32 ORDINANCE NO. 5519 application. Expiration of an approved final plan planned urban development shall be defined as failure to initiate construction of a planned urban development. Expiration can only occur if no on-site construction has begun or a lack of significant progress under those building permits has occurred. Upon expiration of a preliminary or final plan, the undeveloped site may only be developed if a new preliminary and final plan planned urban development is approved or if the Hearing Examiner removes the planned urban development designation and revokes the original approval. SECTION LIX. Subsection 4-9-150L, Appeal of Council Decision on Planned Urban Development, 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 deleted and the remaining subsections re-lettered accordingly. SECTION LX. Subsection 4-9-250B.1, Authority and Applicability, 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: 1. Authority and Applicability for Administrative Variances: The Community and Economic Development Administrator and/or designee shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Examiner Review: a. Residential Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, and lot coverage. Lot width, lot depth, and setback 33 ORDINANCE NO. 5519 variations do not require a variance if the request is part of a stream daylighting proposal and meets criteria in RMC 4-3-050L; and b. Commercial and Industrial Land Uses: Screening of surface-mounted equipment and screening of roof-mounted equipment. c. Proposals Located Within Critical Areas: i. Aquifer Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. ii. Flood Hazards: Variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regulations. iii. Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: The construction of one single family home on a pre-existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking. vi. Wetlands: (a) Creation/restoration/enhancement ratios: Categories 1 and 2. (b) Buffer width reductions not otherwise authorized by RMC 4-3- 050M6e and M6f: Category 3. 34 ORDINANCE NO. 5519 (c) A new or expanded single family residence on an existing, legal lot, having a regulated Category 3 wetland. (d) Buffer width reductions not otherwise authorized by RMC 4-3- 050M6e and M6f- Category 1 or 2. v. Streams and Lakes: (a) A new or expanded single family residence on a pre-existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. (b) Buffer width reductions not otherwise authorized by RMC 4-3- 050L, Streams and Lakes (Class 2 to 4). (c) Activities proposing to vary from stream regulations not listed elsewhere in subsection Bla of this Section, and authorized to be requested as variances in RMC 4-3-050L. vi. General: Public/quasi-public utility or agency proposing to alter aquifer protection, geologic hazard, habitat or wetlands regulations not listed above. SECTION LXI. Subsection 4-9-250B.7, Special Review Criteria for Variances from Aquifer Protection Regulations, 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: 35 ORDINANCE NO. 5519 7. Special Review Criteria for Variances from the Aquifer Protection Regulations: Except for public or quasi-public utility or agency proposals which are subject to subsection BIO of this Section, the following criteria shall be considered, in addition to those criteria in subsections B5 and B6 of this Section, for variances from aquifer protection regulations: a. That the proposed activities will not cause significant degradation of groundwater or surface water quality; and b. That the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: i. Limiting the degree or magnitude of the hazardous material and activity; and ii. Limiting the implementation of the hazardous material and activity; and iii. Using appropriate and best available technology; and iv. Taking affirmative steps to avoid or reduce impacts; and c. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and d. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. SECTION LXII. Subsection 4-9-250B.8, Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations, of Chapter 9, Permits - Specific, of Title 36 ORDINANCE NO. 5519 IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the first sentence following the subsection heading "8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations:" is amended to read as shown below. Subsections 4-9-250B.8.a - e shall remain as currently codified, except as amended in Sections LXIII and LXIV of this ordinance. 8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations: In lieu of the variance criteria of subsection B5 of this Section, the following directives and criteria shall be utilized by the Reviewing Official in the review of variance applications related to the flood hazard requirements of the critical areas regulations: SECTION LXIII. Subsection 4-9-250B.8.D, Review Criteria, 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 so the first sentence following the subsection heading "b. Review Criteria" is amended to read as shown below. Subsections 4-9-B.8.b.i - vi shall remain as currently codified. b. Review Criteria: In passing upon such an application for a variance, the Reviewing Official shall consider the following review criteria: SECTION LXIV. Subsection 4-9-250B.8.C, Conditions of Approval, 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: 37 ORDINANCE NO. 5519 c. Conditions of Approval: Upon consideration of the factors of subsection B8b of this Section, and the purposes of this Section, the Reviewing Official may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Section. SECTION LXV. Subsection a of subsection 4-9-250B.9, Special Review Criteria - Single Family Residence on a Legal Lot with a Category 3 Wetland; or Single Family Residence on a Legal Lot with a Class 2, 3, or 4 Stream/Lake, 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: a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. Otherwise the alteration shall be subject to the review criteria of subsection B6 of this Section; SECTION LXVI. Subsection i of subsection 4-9-250B.10, Special Review Criteria - Public/Quasi-Public Utility or Agency Altering Aquifer Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations, 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: i. The approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose; and 38 ORDINANCE NO. 5519 SECTION LXVII. Section 4-11-160, Definitions P, 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 add the definition of "Planning Director" to read as follows: PLANNING DIRECTOR: The individual under the direction of the Community and Economic Development Administrator who plans, organizes, coordinates and directs the City's Planning Division, including the development and adoption of the City's Comprehensive Plan, zoning, and development regulations. Additionally, the Planning Director is responsible for application and enforcement of the City's zoning, shoreline management, and environmental ordinances, review and processing of all land use subdivision permit applications. SECTION LXVIII. Section 4-11-260, Definitions Z, 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 delete the definition of "Zoning Administrator". SECTION LXIX. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 14th day of December , 2009. Bonnie I. Walton, City Clerk 39 ORDINANCE NO. 5519 APPROVED BY THE MAYOR this 14th day of December 2009. _I^o AS Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 12/18/2009 (summary) ORD:1609:ll/23/09:scr 40 Attachment A 4-2-060 ZONING USE TABLE - USES ALLOWED IN ZONING DESIGNATIONS: ZONING USE TABLE USES: RESIDENTIAL ZONING DESIGNATIONS RC R-l R-4 R-8 RMH | R-10 R-14 RM INDUSTRIAL IL IM IH COMMERCIAL ZONING DESIGNATIONS CN CV CA CD CO D. OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS Accessory dwelling unit Adult family home Assisted living Caretaker's residence Congregate residence Group homes 1 Group homes II for 6 or less Group homes II for 7 or more Home occupations Live-Work Unit AD7 P AD AC6 AD7 P AD P H AC6 AD7 P P H AC6 AD7 P P H AC6 P AC P H AC6 AD7 P AD P H AC6 AD7 P P AD P H AC6 AD P P P H AC6 AC AC AC AC6 AD P P P P P AC6 AD H AC6 AD P3 P3 P3 H3 P3 H3 AC6 P39 AC Attachment B 4-2-060 ZONING USE TABLE -USES ALLOWED IN ZONING DESIGNATIONS: ZONING USE TABLE USES: RESIDENTIAL ZONING DESIGNATIONS RC R-l R-4 R-8 RMH R- 10 R-14 RM INDUSTRIAL IL IM IH COMMERCIAL ZONING DESIGNATIONS CN CV CA CD 1. RETAIL Adult retail use Big-box retail Drive-in/drive-through, retail Eating and drinking establishments Fast food restaurants Horticultural nurseries, existing Horticultural nurseries, new Retail sales Retail sales, outdoor Taverns Vehicle sales, large Vehicle sales, small PI AD PI AD PI AD AD PI AD PI AD PI AD AD33 AD AD33 P42 AD AD P43 P72 AC P P38 AD P34 P30 P P P43 P72 AC P AD P34 P30 P P P43 P72 AC P AD P34 P30 P P AC P22 AD P60 P15 P43 AC28 P P112 P P15 AD P43 P72 AC P P AD AD38 P68 P15 P20 P41 P68 P43 AC28 P P113 AD P P15 AD Attachment C 4-2-060 ZONING USE TABLE - USES ALLOWED IN ZONING DESIGNATIONS ZONING USE TABLE USES: : RESIDENTIAL ZONING DESIGNATIONS RC R- 1 R- 4 R- 8 RMH R- 10 R- 14 RM INDUSTRIAL IL IM IH COMMERCIAL ZONING DESIGNATIONS CN CV CA CD J. ENTERTAINMENT AND RECREATION Entertainment Adult entertainment business Card room Cultural facilities Dance clubs Dance halls Gaming/gambling facilities, not-for-profit Movie theaters Sports arenas, auditoriums, exhibition halls, indoor Sports arenas, auditoriums, exhibition halls, outdoor H H H H H H H H P43 P52 AD P38 P38 H38 P38 P38 P P43 P52 AD P38 P38 H29 P38 P38 P38 P43 P52 AD P38 P38 H38 P38 P38 P38 AD AD AD AD AD P43 P52 AD P20 P20 H20 P20 P20 AD20 P43 AD AD AD P P J. ENTERTAINMENT AND RECREATION (Continued) Recreation Golf courses (existing) Golf courses, new Marinas Recreational facilities, indoor, existing Recreational facilities, indoor, new Recreational facilities, outdoor P H P P P P H H H P H P H P33 H33 P33 P32 P38 P38 P32 P38 P32 P38 P114 P P P P H20 P P94 Attachment D 4-2-060 ZONING USE TABLE - USES ALLOWED IN ZONING DESIGNATIONS: ZONING USE TABLE USES: RESIDENTIAL ZONING DESIGNATIONS RC R- 1 R-4 R-8 RMH R- 10 R-14 RM INDUSTRIAL IL IM IH COMMERCIAL ZONING DESIGNATIONS CN CV CA CD CO K. SERVICES Services, General Bed and breakfast house, accessory Bed and breakfast house, professional Hotel Motel Off-site services On-site services Drive-in/drive-through service Vehicle rental, small Vehicle and equipment rental, large AD AD AD AD AD AD AD AD AD33 AD AD5 P42 P42 P38 P38 P38 P38 AC62 P P38 P38 P38 P38 P38 AC62 P P29 P38 P38 P38 P38 AC62 P P29 AD AD P63 AC AD P P P AC28 P20 P20 P38 P69 AC P20 P P P P AC70 P38 P54 AC61 Day Care Services Adult daycare 1 Adult daycare II Day care centers Family day care AC AC AC AC AC H H25 AC AC H H25 AC AC H H25 AC AC H H25 AC AC H33 H33 AC AC H H25 AC P55 AD P54 AC P55 AD P54 AC P55 AD P54 AC P22 P22 P22 AC P P P AC P22 P22 P22 AC P P P AC3 P P12 P AC Healthcare Services Convalescent centers Medical institutions H H H H H H H H H H H H56 H56 H56 H P H AD H P3 H P39 P40 Attachment E 4-2-060 ZONING USE TABLE - USES ALLOWED IN ZONING DESIGNATIONS: ZONING USE TABLE USES: RESIDENTIAL ZONING DESIGNATIONS RC R- 1 R-4 R-8 RMH R-10 R-14 RM INDUSTRIAL IL IM IH COMMERCIAL ZONING DESIGNATIONS CN CV CA L. VEHICLE RELATED ACTIVITIES Body shops Car washes Express transportation services Fuel dealers Industrial engine or transmission rebuild Parking garage, structured, commercial or public Parking, surface, commercial or public Park and ride, dedicated Park and ride, shared-use Railroad yards Taxi stand Tow truck operation/auto impoundment yard Tow truck operations Transit centers Truck terminals Vehicle fueling stations Vehicle fueling stations, existing legal Vehicle service and repair, large Vehicle service and repair, small Wrecking yard, auto P108 P108 P108 P108 P108 P108 P31 P AD P31 P P38 P105 P P36 H38 P P AD P P31 P P H59 P31 P P38 P105 P H59 H38 P P P P H59 P31 P P P31 P P38 P105 P P P H38 P P P P P H AD2 AD110 AD2 P P106 P106 P P P P AD2 AD31 P22 AD20 P20 P20 P105 P109 AD51 H20 P P P Attachment E Air Transportation Uses Airplane manufacturing Airplane manufacturing, accessory functions Airplane sales and repair Airport, municipal Airport-related uses Aviation-related uses Helipads, accessory to primary use Helipads, commercial Pill H H59 AC P AC AC H38 H P H38 H20 4-8-080G LAND USE PERMIT PROCEDURES: Attachment F LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING7 DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD HEARING TYPEI Building and Grading Permits1 Business Licenses for Home Occupations (no customer visits/deliveries) Deferrals Lot Line Adjustments Minor Modification to Previously Approved Site Plan (<10%) Modifications, Deviations, Alternates of Various Code Standards Public Art Exemption Certificate Routine Vegetation Management Permits (SEPA exempt) Shoreline Exemptions Special Fence Permits Temporary Use Permit: Tier 1 Waivers Other SEPA Exempt Activities/Actions No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff HE HE HE HE HE HE HE HE HE HE HE HE HE TYPE II Additional Animals Permit Administrative Variances Business Licenses for Home Occupations (with customer visits/deliveries) Conditional Approval Permit (nonconforming structures) Planned Urban Development, final Temporary Use Permits: Tier II Temporary Emergency Wetland Permit Variances, Administrative Binding Site Plans Conditional Use Permit (administrative) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff HE HE HE HE HE HE HE HE HE HE Attachment F Development Permit (special flood hazard) Environmental Review Master Site Plan Approvals (individual phases) Site Plan Review (administrative) Shoreline Permit Short Plats Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No Staff Staff Staff Staff Staff Staff HE HE HE HE DOE HE TYPE III4 Permit to Rebuild (nonconforming uses) Bulk Storage Special Permit Conditional Use Permit (Hearing Examiner) Fill and Grade Permit, Special Final Plats Master Site Plan Approval (overall plan) Mobile Home Parks, Preliminary and Final Planned Urban Development, preliminary Preliminary Plats - 10 Lots or More Shoreline Conditional Use Permit6 Shoreline Variance Site Plan Review (Hearing Examiner) Special Permits Variances (associated with Hearing Examiner land use review) Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff HE HE HE HE NA HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE DOE, HE DOE, HE HE HE HE TYPE IV4 Rezones (site-specific, not associated with a Comprehensive Plan amendment) Yes Staff, HE HE cc TYPEV4 Street Vacations8 Yes Public Works Staff cc cc TYPE VI4 Development Regulation Text Amendments Comprehensive Plan Map or Text Amendments (may include associated Rezones) Yes Yes Staff, PC Staff, PC CC, PC PC cc cc Attachment F LEGEND: Staff- Community and Economic Development Staff ERC - Environmental Review Committee PC- Planning Commission Admin. - Community and Economic Development Administrator or designee HE - Hearing Examiner CC-City Council DOE - Washington State Department of Ecology SC-Superior Court SHB-Shoreline Hearings Board GMHB - Growth Management Hearings Board NA-Not Applicable FOOTNOTES: 1. SEPA exempt or for which the SEPA/land use permit process has been completed. 2. Administratively approved. 3. Deleted.4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is responsible for environmental determinations. 5. The Community and Economic Development Administrator or designee shall hear variances where not associated with a development that requires review by the Hearing 2 Examiner. Q 6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology (DOE). DOE has up to thirty (30) days to make a decision 5 on a permit. This time period does not count toward the one hundred twenty (120) day maximum time limit for permit decisions. DOE's decision is followed by a twenty-one > (21) day appeal period, during which time no building permit for the project may be issued. 5 7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing. M 8. Street vacations are exempt from the one hundred twenty (120) day permit processing time limit. « 9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit. O