HomeMy WebLinkAboutORD 5156Amends OROs 2432,3988,4330,
4342,4521, 4522,4722, 4912,
4963, 4974,5027,5100,5137
CITY OF RENTON,WASmNGTON Amended by ORO 5170
ORDINANCE NO.5156
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
AMENDING CHAPTERS 4-2,4-4,AND 4-6 THROUGH 4-9 OF TITLE IV
(DEVELOPMENT REGULATIONS)AND CHAPTER 8-7 OF TITLE vm
(HEALTH AND SANITATION)AND CHAPTER 9-2 OF TITLE IX
(PUBLIC WAYS AND PROPERTY)OF ORDINANCE NO.4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON,WASHINGTON"BY CHANGING REFERENCES FROM THE
BOARD OF PUBLIC WORKS,TO THE PLANNINGIBUILDINGIPUBLIC
WORKS ADMINISTRATOR.
THE CITY COUNCIL OF THE CITY OF RENTON,WASmNGTON,DOES ORDAIN
AS FOLLOWS:
SECTIONL Section 4-2-120.C.18.d ofChapter 2,Zoning Districts -Uses and
Standards,ofTitle IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
d.Where below-grade structures are permitted to have zero front yard/street
setbacks, structural footings may minimally encroach into the public right-of-way,subject to
approval ofthe PlanninglBuildinglPublic Works Administrator or hislher designee.
SECTIONIL Section 4-2-120.F.5.d of Chapter 2,Zoning Districts -Uses and
Standards,of Title N (Development Regulations)ofOrdinance No.4260 entitled "Code of
General Ordinances of the City ofRenton,Washington"is hereby amended to read as follows:
d.Where below-grade structures are permitted to have zero front yard/street
setbacks,structural footings may minimally encroach into the public right-of-way,subject to
approval ofthe Planning/BuildinglPublic Works Administrator or his/her designee.
SECTION IlL Section 4-4-080.F.2 of Chapter 4,City-Wide Property
Development Standards,ofTitle N (Development Regulations)ofOrdinance No.4260 entitled
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"Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as
follows:
2.Maximum Parking Lot and Parking Structure Slopes:Maximum slopes for
parking lots shall not exceed eight percent (8%) slope.The PlanninglBuildinglPublic Works
Administrator or his/her designee may allow a driveway to exceed eight percent (8%)slope but
not more than fifteen percent (15%)slope,upon proper application in writing and for good cause
shown,which shall include,but not be limited to,the absence of any reasonable alternative.
SECTION W.Section 4-4-080.I.3.a.iii ofChapter 4,City-Wide Property
Development Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled
"Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as
follows:
111.The PlanninglBuildinglPublic Works Administrator or his/her designee may
grant an exception upon proper application in writing and for good cause shown,which shall
include,but not be limited to,the absence of any reasonable alternative.
SECTION V.Section 4-4-090.G of Chapter 4,City-Wide Property Development
Standards,of Title IV (Development Regulations)ofOrdinanee No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
G.APPEALS:
Any decisions made in the administrative process described in this Section may be
appealed to the PlanninglBuildinglPublic Works Administrator or his/her designee within fifteen
(15)days and filed,in writing,with the PlanninglBuildinglPublic Works Department.The
Administrator shall give substantial weight to any discretionary decision ofthe City rendered
pursuant to this Section.
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SECTION VI.Section 4-6-060.L of Chapter 6,Street and Utility Standards,of
Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral
Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
L.TIMING FOR INSTALLATION OF IMPROVEMENTS:
No building shall be granted a certificate of final occupancy,or plat or short plat
recorded,until all the required street improvements are constructed in a satisfactory manner and
approved by the responsible departments unless those improvements remaining unconstructed
have been deferred by the PlanninglBuildingfPublic Works Administrator or his/her designee
and security for such unconstructed improvements has been satisfactorily posted.
SECTION VII.Section 4-6-090.E.2.aii ofChapter 6,Street and Utility Standards,
of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code of General
Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
11.Special Requirements for Rezoned Areas:All areas rezoned for commercial or
industrial use after the effective date ofthis Chapter shall be converted to underground in the
same manner as provided herein for existing facilities within fifteen (15)years from the effective
date of such rezoning,subject to a ten (10)year extension by the City,provided that the
PlanninglBuildingfPublic Works Administrator or his/her designee elects to add such rezoned
areas to those outlined on the map as designated in subsection E2a ofthis Section.
SECTION VIn.Section 4-6-090.1 of Chapter 6,Street and Utility Standards,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code ofGeneral
Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
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ORDINANCE NO.51 56
I.VARIANCE PROCEDURES:
1.Authority:All applications for variances from the foregoing underground
requirements shall first be filed with the PlanninglBuilding/Public Works Administrator or
hislher designee.The Administrator shall promulgate rules and regulations governing application
for,hearings pertaining to,and the granting of variances from the foregoing underground
requirements.
2.Review Criteria:Underground requirements shall be waived by a variance only if
the utility owner or user or any other affected party can demonstrate that it would work an undue
hardship to place the facilities concerned underground.By an undue hardship is meant a
technological difficulty associated with the particular facility,or with the particular real property
involved,or a cost of undergrounding such a facility which,in the discretion ofthe
PlanninglBuilding/Public Works Administrator or hislher designee,is deemed to outweigh the
general welfare consideration implicit in underground installation,or an area where the growth
pattern has not been sufficiently established to permit the determination ofultimate service
requirements or major service routes.
SECTION IX.Section 4-7-050.C.6 of Chapter 7,Subdivision Regulations,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
6.Improvements:The Department will confrrm that the required improvements have
been installed by the applicant,or deferred by the PlanninglBuilding/Public Works
Administrator or his/her designee.
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ORDINANCE NO.5156
SECTION X.Section 4-7-050.D.6 of Chapter 7,Subdivision Regulations,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code ofGeneral
Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
6.Improvements:The Department will confirm that the required improvements have
been installed by the applicant,or deferred by the PlanninglBuilding/Public Works Administrator
or his/her designee.
SECTION XL Section 4-7-150.F of Chapter 7,Subdivision Regulations,of Title
IV (Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances of
the City ofRenton,Washington"is hereby amended to read as follows:
F.IMPROVEMENTS REQUIRED:
All adjacent rights-of-way and new rights-of-way dedicated as part ofthe plat,including
streets,roads,and alleys,shall be graded to their full width and the pavement and sidewalks shall
be constructed as specified in the street standards or deferred by the Planning/BuildinglPublic
Works Administrator or his/her designee.
SECTION XII.Section 4-8-050.DofChapter 8,Permits -General and Appeals,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code ofGeneral
Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
D.EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL
REQUIREMENTS FOR PERMIT APPLICATIONS NOT SUBJECT TO ENVIRONMENTAL
REVIEW:
RCW 36.70B.140 allows local governments to exclude certain approvals and building
and engineering permits from the public notification and procedural requirements ofthe statute if
they are categorically exempt from environmental review or ifenvironmental review has already
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ORDINANCE NO.5156
been completed at an earlier stage.However,the City's one hundred twenty (120)day maximum
processing time would still apply.Therefore,the City exempts the following actions from the
public notification and procedural requirements since they are typically processed very quickly
and would be considerably delayed by imposition ofa public comment period(s).
1.Building and grading permits (SEPA exempt),
2.Business licenses for home occupations,
3.PlanninglBuilding/Public Works Administrative variances (i.e.,driveway grade),
4.Fire installation/construction permits,
5.Electrical,mechanical,plumbing,sign and special fence permits,
6.Lot line adjustments,
7.Final plats,
8.Minor amendments (less than 10 percent)to a previously approved site plan,
9.Occupancy permits,
10.Open space,agricultural and timber lands current use assessment,
11.Public art exemption certificate,
12.Routine vegetation management permits (SEPA exempt),
13.Shoreline exemptions,
14.Temporary use permits (SEPA exempt),but not exempting sign requirements,
15.Water,sewer,storm drainage,roadway permits (SEPA exempt),
16.Other SEPA exempt actions/activities as outlined in WAC 197-11-800.
SECTION XID.Section 4-8-110.D of Chapter 8,Permits -General and
Appeals,of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
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ORDINANCE NO.5156
4-8-11O.D APPEALS OF ADMINISTRATIVE DECISIONS TO THE
PLANNINGIBUILDINGIPUBLIC WORKS DEPARTMENT:
Any decisions made in the administrative process related to the City's storm drainage
regulations may be appealed to the PlanninglBuildinglPublic Works Administrator or his/her
designee within fifteen (15)days and filed,in writing,with the PlanninglBuilding/Public Works
Department.The Administrator shall give substantial weight to any discretionary decision ofthe
City rendered pursuant to this Chapter.
SECTION XIV.Section 4-9-060.C of Chapter 9,Permits -Specific,of Title IV
(Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances ofthe
City ofRenton,Washington"is hereby amended to read as follows:
C.PLANNINGIBUll..DINGIPUBLIC WORKS ADMINISTRATOR'S DEFERRAL
OF PLAT IMPROVEMENTS OR DEFERRAL OF OTHER ON-AND OFF-SITE
IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT:
1.Applicability:Ifa developer wishes to defer certain improvements listed in this
Title until after obtaining a certificate of occupancy for any structures,or in the case of plats,
final plat approvaL the written application shall be made to the Planning/BuildinglPublic Works
Administrator or his/her designee stating the reasons why such delay is necessary.
2.Decision Criteria:(Reserved)
3.Security Required:Upon approval by the Planning/Building/Public Works
Administrator or his/her designee for such deferment,for good cause shown by the applicant,the
applicant shall thereupon furnish security to the City in an amount equal to one hundred fifty
percent (15()o~)ofthe estimated cost ofthe installation and required improvements.The decision
ofthe Administrator as to the amount of such security shall be conclusive.
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4.Plans for Improvements Required:Should the PlanninglBuildinglPublic Works
Administrator or hislher designee grant the deferral of part or all ofthe necessary on-site
improvements,then full and complete engineering drawings ofthe on-site improvements shall be
submitted as a condition precedent to the granting of any deferral.
5.Waiver ofRequirement for Plans:Board may waive requirement of construction
plans for short plat improvement deferrals.
6.Expiration:Such security shall list the exact work that shall be performed by the
applicant and shall specify that all ofthe deferred improvements shall be completed within the
time specified by the PlanninglBuildinglPublic Works Administrator or his/her designee,and if
no time is so specified,then not later than one year.For plats,ifno time is established,then not
later than one year after approval ofthe final plat by the City Council or one year after recording
of a short subdivision.The security shall be held by the Finance Department.
7.Extension of Time Limit:The PlanninglBuildinglPublic Works Administrator or
hislher designee (Administrator)shall annually review the deferred improvements and the
amount ofthe security.Should the Administrator determine that any improvement need not be
installed immediately,then the Administrator may extend the deferral for an additional period
oftime up to an additional year.Any improvement deferred for five (5)years shall be required to
be installed or shall be waived by the Administrator pursuant to RMC 4-9-250.C,Waiver
Procedures,unless the Administrator determines that it is more likely than not that the
improvements would be installed within an additional five (5)year period oftime,in which case
the Administrator may continue to defer the improvements year to year subject to the other
conditions contained in this Section.Should any improvement be initiated before the lapse ofa
deferra~and the work is diligently pursued,then the Administrator may extend the deferral
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ORDINANCE NO.5156
period for a term equivalent to the time necessary to complete construction,but subject,
however,to continuation ofthe security.At the same time as the granting ofany additional
deferral,the security for such deferral shall be reviewed and increased or decreased as the
Administrator shall deem necessary,but shall remain in an amount equal to a minimum of one
hundred fifty percent (150%)ofthe estimated cost ofthe installation ofthe deferred
improvement.
8.Acceptable Security:Security acceptable under this Section may be cash,letter of
credit,set aside letter provided that the funds cannot be withdrawn,spent,or committed to any
third party,or savings account assigned to the City and blocked as to withdrawal by the secured
party without the City's approval.Only ifthese security devices are unavailable to the applicant,
or the applicant can show hardship,will the City accept a performance bond.Any security device
must be payable to the City upon demand by the City and not conditioned upon approval or other
process involving the applicant.Security must be unequivocally committed to the project being
secured,and cannot be available for any other purpose.Any security that,according to its terms,
lapses upon a date certain,will cause the deferral to lapse on that same date unless additional
adequate substitute security has been posted prior to the termination date ofthe prior security.
Each security document posted with the City must be approved by the City Attorney,whose
decision as to the acceptability ofthe security shall be conclusive.
9.Special Security Option for Deferral of Street Improvements:A restrictive
covenant running with the land,signed and properly recorded after City Attorney review,may be
accepted as security ifthe covenant guarantees that the property will join in any future LID
established to install the required improvements in addition to the following conditions:
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a.There are no similar improvements in the vicinity and there is no
likelihood that the improvements will be needed or required in the next five (5)years.
b.There will be no detrimental effect on the public health,safety or welfare
ifthe improvements are not installed.
c.There is no likelihood that the zoning or land use on or adjacent to the site
will change to a higher classification within a five (5)year period,thus increasing the likelihood
that the improvements will be needed.
d.A covenant approved by the PlanninglBuildinglPublic Works
Administrator or his/her designee shall contain language that stipulates the property owner will
immediately install the deferred improvements at his or her expense upon a determination ofthe
Administrator that the improvements have become necessary.
10.Special Security Option for Short Plats:A restrictive covenant running with the
land,signed and properly recorded after City Attorney review,may be accepted as security ifthe
covenant guarantees that the property will join in any future limited improvement district
established to install the required improvements in addition to the following conditions:
a.The restrictive covenant for deferrals occurs only for a single family
development no larger than a short plat.
b.There are no similar improvements in the vicinity and there is no
likelihood that the improvements will be needed or required in the next five (5)years.
c.There will be no detrimental effect on the public health,safety or welfare
ifthe improvements are not installed.
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d.There is little likelihood that the zoning or land use on or adjacent to the
site will change to a higher classification and development will occur within a five (5)year
period,thus increasing the likelihood that the improvements will be needed.
e.A covenant approved by the PlanninglBuiIdingfPublic Works
Administrator or his/her designee shall contain language that stipulates the property owner will
immediately install the deferred improvements at his or her expense upon a determination ofthe
Administrator that the improvements have become necessary.
11.Security Requirement Binding:The requirement ofthe posting ofany security
therefore shall be binding on the applicant and the applicant's heirs,successors and assigns.
12.Record ofDeferral:The PlanninglBuilding/Public Works Administrator or
his/her designee shall note for the Department's record the following information:the
improvements deferred,amount of security or check deposited,time limit of security or check,
name of bonding company,and any other pertinent information.
13.Transfer ofResponsibility:Whenever security has been accepted by the
PlanninglBuilding/Public Works Administrator or his/her designee,then no release of the owner
or developer upon that security shall be granted unless a new party will be obligated to perform
the work as agreed in writing to be responsible under the security,and has provided security.In
the instance where security would be provided by a condominium owners'association or
property owners'association,then it shall be necessary for the owners association to have voted
to assume the obligation before the City may accept the security,and a copy ofthe minutes of
the owners'association duly certified shall be filed along with the security.
14.Administrative Approval Required Prior to Transfer ofResponsibility:The City
shall not be required to permit a substitution of one party for another on any security if the
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PlanninglBuildinglPublic Works Administrator or hislher designee,after full review,feels that
the new owner does not provide sufficient security to the City that the improvements will be
installed when required.
15.Proceeding Against Security:The City reserves the right,in addition to all other
remedies available to it by law,to proceed against such security or other payment in lieu thereof
In case of any suit or action to enforce any provisions ofthis code,the developer shall pay the
City all costs incidental to such litigation including reasonable attorney's fees.The applicant
shall enter into an agreement with the City requiring payment of such attorney's fees.
SECTION XV.Section 4-9-250.C.2 of Chapter 9,Permits -Specific,of Title IV
(Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances ofthe
City ofRenton,Washington"is hereby amended to read as follows:
4-9-250.C.2 Authority for Waiver of Street Improvements:The
PlanninglBuildinglPublic Works Administrator or his/her designee may grant waiver ofthe
installation of street improvements subject to the determination that there is reasonable
justification for such waiver.
SECTION XVL Section 8-7-8 ofChapter 7,Noise Level Regulations,ofTitIe vm
(Health and Sanitation)of Ordinance No.4260 entitled "Code of General Ordinances ofthe City
ofRenton,Washington"is hereby amended to read as follows:
8-7-8 VARIANCES AND APPEAL:
A.Jurisdiction:The PlanninglBuildinglPublic Works Administrator or his/her designee
shall hear and decide requests for variances from the requirements ofthis Chapter.
B.Application:Parties seeking a variance from this Chapter,or a duly authorized
representative ofthe parties seeking the variance,shall file an application for the variance,which
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ORDINANCE NO.5156
application shall set forth fully the grounds therefor~and the facts the applicant deems material
to justify the granting of such a varia~ce.
C.PublicNotice And Hearing:The hearing for a noise variance shall be a public hearing,
the date ofwhich shall be not morethan forty five (45)days from the date offiling and
acceptance ofthe application for the variance.Notice ofthe time and place of public hearing
shall be given and at least one publication in the City's legal newspaper,which publication shall
be not less than ten (10)days prior to the date of said public hearing.In addition,three (3)
written notices of such public hearing shall be posted at least ten (10)days prior to such hearing
within,on or about the location which will generate such noise.Additionally,written notice of
the hearing shall be given to any resident or property owner that will experience an increase in
noise,or potentially have an increase in noise,such that this variance will increase the quantity
of noise received by that property owner or resident.The burden of providing that this written
notice has been properly given shall be upon the applicant.The PlanninglBuildinglPublic Works
Administrator or hislher designee shall not consider any variance for which written notices have
not been given,or grant any variance that would cause an increase in noise levels beyond that
permitted in this Chapter unless the affected property owner or resident has been notified.
D.Factors For Granting Variance:The Planning/Building/Public Works Administrator or
his/her designee,in passing upon an application for a variance,shall consider all technical
evaluations,all relevant factors and standards specified in other sections of this Chapter,and in
addition thereto shall consider the following,none ofwhich is mandatory for the granting ofthe
variance:
1.That the applicant will suffer an undue hardship and the variance is necessary
because of special circumstances applicable to the applicant's property or project,and that the
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ORDINANCE NO.5]56
strict application of this Chapter will deprive the subject property owner or applicant ofrights
and privileges enjoyed by others.
2.That the granting ofthe variance will not be materially detrimental to the public
health,welfare or safety,or unduly injurious to the property or improvements in the vicinity of
the location for which this variance is sought.
3.That the variance sought is the minimum variance which will accomplish the
desired purpose.
4.That the variance contains such conditions deemed to be necessary to limit the
impact of the variance on the residence or property owners impacted by the variance.
5.The importance ofthe services provided by the facility creating the noise and the
other impacts caused to the public safety,health and welfare balanced against the harm to be
suffered by residents or property owners receiving the increased noise permitted under this
variance.
6.The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
7.The extent by which the prescribed noise limitations will be exceeded by the
variance and the extent and duration ofthe variance.
E.Findings and Conclusions of PlanninglBuildinglPublic Wodes Administrator:The
PlanninglBuilding/Public Works Administrator or hislher designee shall reduce his or her
decision to written findings,conclusions and a decision.The written findings,conclusions and
decision shall include a section noting the right of appeal from the decision to the City Council.
F.Appeals:Any party participating in the public hearing feeling aggrieved by the decision
ofthe PlanninglBuilding/Public Works Administrator or hislher designee may appeal the
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ORDINANCE NO.5156
decision of the Administrator to the Hearing Examiner within fourteen (14)days ofthe decision.
The appeal document shall note the errors in findings or conclusions which the appellant believes
are material to the appeal.The Hearing Examiner shall consider the appeal and shall affrrm the
decision ofthe Administrator unless the Hearing Examiner finds that there are material errors in
the findings or conclusions,or that the decision is not supportable by the findings and
conclusions.Ifthe Hearing Examiner finds such errors it shall reduce its decision to writing
specifying the findings and conclusions that are in error or stating that the decision is not
supportable by the findings and conclusions.Any party remaining aggrieved by the decision of
the Hearing Examiner may further appeal to the King County Superior Court within twenty-one
(21)calendar days from the date of the City Council's decision.
SECTION XVII.Section 9-2-2.A ofChapter 2,Excess Right of Way Use,of Title
IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of General Ordinances of
the City ofRenton,Washington"is hereby amended to read as follows:
A Any person,partnership or corporation desirous oftemporarily or permanently
using and occupying unneeded and unused public right-of-way and whose property directly abuts
and adjoins such public right-of-way,may apply to the PlanninglBuildinglPublic Works
Administrator or his/her designee to secure a revocable permit or permanent easement for such
use.Such application shall include sufficient and specific plans as to the proposed use and any
such use and occupancy shall be in compliance with all ofthe City's laws and ordinances.If such
application is for a permanent easement,that application shall additionally include the following:
1.Evidence,such as a title policy,title search or other similar mechanism showing
that the applicant owns the underlying fee to the public right-of-way;or
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2.Ifthe applicant is not the owner in fee ofthe property burdened by the right-of-
way,then a quit claim deed or easement from the fee owner;or
3.In doubtful cases,or where ownership cannot be proven,what title history is
available,and a covenant running with the land holding the City harmless from any and all later
claims for damages,inverse condemnation,injunction or other action premised upon the City's
granting ofthe permanent easement.
4.Where the City is the fee owner ofthe property in question,subsections Al
through A3 ofthis Section shall be satisfied.
SECTION XVIII.Section 9-2-3 of Chapter 2,Excess Right ofWay Use,of
Title IX (Public Ways and Property)ofOrdinance No.4260 entitled "Code ofGeneral
Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows:
9-2-3 STANDARDS OF REVIEW:
A Revocable Permits:Prior to the issuance of any revocable permit,the
PlanninglBuilding/Public Works Administrator or hislher designee shall find and determine that
the City has no foreseeable use or need for such excess or unused public right-of-way for the
period oftime ofthe permit.
B.Permanent Easements:Prior to the issuance of any permanent easement,the
PlanninglBuilding/Public Works Administrator or hislher designee shall review the application
and determine that the easement is the minimum that will be necessary,that the easement will
not negatively affect the current or anticipated future use ofthe right-of-way,and that the public
good,in balance,is furthered by such easement.The easement is intended to allow granting of
minor easements for eave overhangs,foundation footings or similar minor uses when approved
by the Administrator,when the structures are deemed to be of significant benefit to the City.
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Such permanent easement shall be limited to no more than three feet in width for underground
structures such as foundation footings,and no more than eight feet in width for structures above
ground such as eave overhangs or bay windows.In no case shall aboveground structures be less
than 14 feet from ground elevation,nor shall they extend over the surface ofa paved street,but
shall be limited to over sidewalks,alleys,landscape areas,or unimproved areas.
C.Vacation Of Right-Of-Way:Ifthe subject right-of-way will not be necessary for future
public use,then the applicant should be encouraged to apply for a vacation ofthe right-of-way.
The application for use ofright-of-way shall be tabled until the applicant refuses to apply for
vacation or the vacation is denied by the City Council.Ifthe vacation is granted,the application
for use shall be dismissed.
D.Authority And Conditions:The PlanninglBuilding/Public Works Administrator or hislher
designee shall further have the right to impose such conditions or terms as may appear
reasonable under the circumstances in order to protect the public safety,welfare,general
appearance and aesthetics ofthe subject area.The Administrator shall likewise have the authority
to deny the permit should it find that it is not in the public interest and will not further the public
safety,welfare,general appearance and aesthetics ofthe subject area.
9-2-4 FEE DETERMINED:
When an application is approved,the Planning/BuildinglPublic Works Administrator or
his/her designee shall determine a nonrefundable fee as established by ordinance for the
temporary use ofthe right-of-way or granting of a permanent easement.The fee shall be as
stipulated in RMC 4-1-180.E.
9-2-5 MINIMUM PERMIT REQUIREMENTS:
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A Tennination OfRevocable Permits:All revocable permits shall be subject to tennination
upon thirty (30)days'written notice by the City.
B.Insurance Required:Any easement applicant under this Section or any permittee shall
provide,prior to the issuance or grant of any such revocable permit or permanent easement,
sufficient public liability and property damage insurance with limits of not less than one hundred
thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00)on account of public
liability and not less than fifty thousand dollars ($50,000.00)on account of property damage.
Copies of such insurance policy or policies shall be furnished unto the City with a special
endorsement in favor ofthe City.Upon showing of a hardship and at the discretion ofthe
PlanninglBuildinglPublic Works Administrator or his/her designee,the insurance requirements
may be reduced or waived for single-family or two-family residential applications.For
municipalities or utilities that are self insured,there may be substituted a statement of self
insurance showing the ability to answer for damages in the amounts stated in this paragraph.
C.Agreement Required:Any easement holder or pennittee shall furnish unto the City an
appropriate hold harmless and indemnity agreement as may be approved by the City Attorney
and/or a performance or maintenance bond.
D.Cancellation Or Rescission:In case of any nonpayment ofthe established fee,or failure
to maintain the insurance or indemnity agreement by such user,the revocable permit shall be
deemed cancelled,or the easement rescinded.
SECTION XIX.This ordinance shall be effective upon its passage,approva~and
30 days after publication.
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PASSED BY THE CITY COUNCIL this 26 t h day of_--=S:....:e;..<;p-e;:t...:;.e=m...=..b...=..e;;:...r_-,'2005.
Bonnie 1.Walton,City Clerk
APPROVED BY THE MAYOR this 26 t h day of S_e...::..p_t_e_m_be_r__---',2005.
Approved as to form:
Date ofPublication:9/30/2005 (summary)
ORD.12oo:9115/05:ma
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