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Home My WebLink AboutORD 3094 � w t w �♦ � �", r�' ' r .r y ' � . � } .. ') � � ' � '� � .fr _ ;� ~ . ' ' � - � ,��i��;� ORD . �278 9 & � #2823 AMENllED BY ORDINANCE N0. 3758 5136 CITY. OF RENTQN, WASHING.TON ORDINANCE NO. �� AN ORDINAPdCE OF THE CITY OF RENTON, WASHINGTON, �,DOPTING AND ESTABLISHING BY RE.FERENCE THE "SHORE.LIN� MASTER PROGRAM" , REPEALING ANY. AND ALL ORDIN�INCES. �OR PARTS 0�' ORDINANCES IN .CONFLICT . HEREt�TI'�H..Fp j I WHEREAS not less than thr.ee ( 3.) printed copies in book form of the "SHORE.LINE MASTER PROGRAM" as issued and prepared by City of Renton Planning .Department under date of March,. 1975, have hereto.fore been filecl and are now on file in the offi.ce of the City Clerk of the City of Reriton for use and examination by the eneral ublic, and g P WHEREAS it is deemed advisable and in the public interest to adopt said Master Program as hereinabo.ve .described, by reference, NOW THEREFORE,. i THE CITY COUNCZL OF. THE CITY OF RENTON DO ORDAIN AS FOLLOWS : SECTzON I: The "SHORELINE MASTER PROGRAM" as issued and prepared by City of Reriton Planning Department, of which not less than thr.ee .( 3.) printed. copies in book form have heretofore been f iled and are now on file in the offzce of the City. Cierk. and made available for examination by. th.e general public, is hereby. adopted as the "Shoreline Mas.ter:Pr..ograni".�:.by�.the. City of Renton. SECT-TON II : Any and all ameridmerits , additions or modi- fications to said Mas.ter Program,when printed and filed with the City Clerk of the .City. of Renton by au.thorization of the City Council from time .to. time, .shall be. considered and accepted and constitute. a part .of such. Master Program without the nec.essity of furt.her adoption of such ameridments , modifications or additions by. the Iegislative .authority of the City of Reriton or. by Ordinance. -1- , , .� , , "� , ,�Y ' y r � ` , �, .. „. ' . ' ,` .� . , . . ' � - -• � • . SECTIO:i� TI�I�: The City Clerk is hereby authorized and directed to duly autheriticate and record a copy of the abovementioned "SHORELINE MASTER PROGRAM"to:ge.ther with any ameridments or additions thereto, together with. an autheriticated copy of th'is Ordinance. SECTION IV: Whenever refererice is made in said "Shoreline Master Program" to. the term "Planning Commisson" the .term "Hearing Examiner." shall be substitute.d therefor. SECT�ION �V; : Any� and a11 Ordinances or parts of Ordinances in conflict. here��ith are hereby repealed� including Chapter 25 of T.itle IV (B.uilding Reg.ulations) of Ordinance No. 1628 en�ti:tled "Code of General Ordinances of the City of Re.nton." SECTION VI: This Ordinance .shall be effective upon its. passage and five days after itspublication. PASSED BY THE CITY COUNCIL This lOthday of January, 1977 , � �,�� . Q: 7��.�,a� - . Delores A. Mead, City �Clerk APPROVED BY. THE MAYOR .th�s l��th day of January, 1977 . �� J`'�r ��M� . . . . , � . . � . Charles �d. Delaurenti, Mayor Approved as to form: �� Ge�ard M. She.11an, City Attorney Date .of .Publication: 1-14-7� -2- i �09 � .� �� t� ��' y z�� , D,e �, �}c� P � �po j,� ,y -- S e.J�D u� , �� , � � , � , . . � ,, R . i �' ��, t � � , ° "� , , - �� .,-- ,� ', ,i �� , � r �',� , , � �, ♦ �� ' i ` „�,._�„ � } �x";�--;-----'" ' � '' a '-- 1 0 . - x -i , ,6.':",,,,�,,.... - � i-'` � yj� �:'.�� l Y � r � „` ) � !� :�'^ , .' �v � '�� ; � �,-,r'` �,,�-''' .r' ; . J� � ' ,.�-" � . ! - _ _, \,, ' ,,�'�' J - ^ 11 ' J �1 g, e�t �� ent ity �f e,Pa�t� a �,�.�;i�a g �.'1 lg'7 8 , , ;;� 1�ar�� —';, , , � ` � � MAYOR CHARLES J . DELAURENTI CITY COUNCIL KENNETH D . BRUCE r EARL CLYMER WILLIAM J . GRANT ROBERT E , MC BETH � GEORGE J . PERRY PATRICIA M . SEYMOUR RICHARD M . STREDICKE � CITIZENS ADVISORY COMMITTEE ROBERT BIGNOLD ALEX CUGINI , JK. � WILLIAM C . GODDARD DQROTHY HERBERT DON HUMBLE ROBERT E . MC BETH SHARON NEGLAY ROBERT J . PHELPS W. STEWART POPE ROBERT W . SCHALKLE ARTHUR D. SCHOLES . TABLE OF CONTENTS I, SECTION PAGE 1 INTRODUCTION 1 2 PROCEDURES 8 3 SHORELINES OF THE CITY 19 � 4 GOALS AND POLICIES 24 5 ENVIRONMENTS � 33 ' 6 GENERAL USE REGULATIONS 39 7 SPECIFIC USE REGULATIONS 43 7 . 01 Airport - Seaplane Bases 44 7 . 02 Aquaculture 46 7 . 03 Boat-launching Ramps 47 7 . 04 Bulkheads 48 7 . 05 Commercial Developments 50 7 . 06 Dredging 51 7. 07 Industrial Development 54 7. 08 Landfill 55 ' 7 . 09 Marinas 56 � , 7 . 10 Mining 5� 7 . 11 Parking S8 7 . 12 Piers and Docks S9 7 . 13 Recreation 62 7 . 14 Residential Development 63 7 . 15 Roads and Railroads 64 7 . 16 Signs 65 7 . 17 Stream Alteration 66 7 . 18 Trails 67 7 . 19 Utilities 68 8 VARIANCES AND CONDITIONAL USES 73 9 DEFINITIONS �� LIST OF FIGURES (MAPS) ' - 3-1 City of Renton SHORELINE MANAGEMENT ACT 22 of 1971 5- 1 City of Renton ENVIRONMENTS (URBAN) 38 � -1- INTRODIJCTION , � � -- -- - -- - -- -- --- - �Z� SECTION 1 . INTRODUCTION i .01 Backgraund Far sevexal years �here has been g�owing concern among citizens � IflC81 government and state gavernment about the in- creasing pressure� affecting the u�ilizatian of the shorelines within the sta�te . In g�neral , shorelines are of limited sup� P2 and are faced with rapidly increa�sing demands �for such y traditional us�s as pox�s , fishing, swimming and scenic views , I as well as ne�r dema�ds for recr�at�.o�tal subdivisions , private I housing, comtnercia3 and indus�trial us�s . More peopien Yil��l@T incomes , mor� �eisuxe �im� , and general busbness growth have combined �o crea�e a heavy �ase of the shar�elines , I� In ��e Fail af 197Q, the Washis�gton Environmental Council � circulated an ini�iative petition known as the Shorelines Protectian Ac�, o� Ini�iative 43, and gatchered enough signatures ' to certify it to �he legisla�ure mee�ing in 1971 . Iniative 43 ' piaced the prinnary respansibility for the planning and imple- I mentation af �he act with s�ate �overnment . The legislatur� then had the choic+e o�` accep�ing Initiative 43p passing a sub- ' stitute me�sure , or �a�Cing no action wha�soever . They chase the second option and enacted engrossed sub§titute House Bill #584 , which was called the Shoreline Management Ac2 of 1971 , , and it suhsequently became Initiative 43Be Initiative 43B called for lacal control af planning and implementation of the act . In November of 1972 , ba�ch measures wexe placed an the baliot , and the s�ate ' s vaters selected �he Shoreline Management Act af 1971 (RCW 90 , 48) . This ac�t is based an the philosophy � that the shor�lines of aur s�a�e are amang our mos� "valuable" I and "fragile" natural resaurces and �hat unrestricted develap- ment of these resources is not in the best public interest . ' Therefore , planning and management ar.e necessaxy in order to prevent the haxmful effects of uncoordinat�ed and piecemeal development of our state ' s shorelines . 3_ ; 1 .02 Requirements of the Shoreline Management Act Under the Washington State Shoreline Management Act , local governments have the primary responsibility for initiating the U plannin� program and administering the regulatory requirements of the act , with the Department of Ecology acting in a suppor- tive and review capacity. As set forth in the provisions of the act , local governments must fulfill the following basic I requirements : 1 . Administration of a shoreline permit system for proposed substantial development on wetlands of , designated water bodies . 2 , Compilation of a comprehensive inventory which i�= cludes a suxvey of natural characteristics , present land uses and patterns of ownership . 3 . Development of a master program to provide an ob�.ec- tive guide for re�ulating the use of shorelines . 1 . 03 Compliance in Renton The Washington State Shoreline Management Act of 1971 � directs all local governments to develop a master program for the management of all shorelines lying within its corporate limits . This master program has b'een prepared to comply with the requirements of that act and to formulate guidelines which will regulate the future utilization and development of the shorelines lying within the corporate limits of the City of Renton . Specifically, this master program affects the shore- line"s of Lake Washington , Cedar Riv�r, Green River , Black River , springbrook Creek and May. Creek , and any other shoreline later coming under the jurisdiction of the act . In compliance with the first requirement of the state act , - and as part of �his master program, the City of Renton is estab- lishing a permit system, under which a permit would have to be obtained for any substantial development proposed within afore- � mentioned shorelines , within the city limits of Renton . Sub- stantial development , according to the law, means any develop- ment on which the fair market value exceeds $ 1 ,000 , 00 , or any develop.ment which would interfere with the normal public use : � ■ -4- " of the water or shorelines . As part of that permit system, , the following are considered general exceptions to the per- mit requirement : 1 : Normal maintenance or repair of existing structures . 2 . Construction of the normai protective bulkhea� common to single family residences . 3. Emergency construction necessary to protect property fr�om damage by the elements . 4 . Construction of barns or simila� agricultural buildings . 5 . Construction or modification of navigational aids . 6 . Construction on wetlands by an owner , lessee or con- tract purchaser of a single family residence for his own use or for the use of his family, which residence. does not exceed a height of thirty-five (35) feet above average grade level . 7 . Construction of a dock designed for pleasure craft only , for the non-commercial use of the owner of a singl.e family residence , the cost of which does not exceed .$ 2 ,SOOe.00 . However , any development which occurs within the city ' s shore- line , as defined by the act, whether it requires a permit or not , must be consistent with the intent of the state law . Under the shoreline permit system herein established , administrative responsibility lies with the Planning Depart- ment , but the permits are reviewed in the event of dispute by the Planning Commission which has the authority to approve or deny permit appli_cations . Liberal provisions for appeal of permit decisions are also provided. In compliance with the second requirement of the act , the Renton Planning Department conducted a comprehensive inventory of the natural characteristics , present land uses , and patterns of ownership along the city' s shoreline . The inventory was completed. in October , 1972 , and provided a substantial basis for the development of t.his master program. The environments and specific use regulat.ions reflect the local conditions that axe documented in that inventory. -5- In compliance with the third requirement of the act , the City of Renton, with the help of its local �citizens , has developed a shoreline master program to serve as a guide for regulating use of the city ' s shorelines . Included therein is a description of the goals , objectives , polic�ies , environments , use regulations , and provisions. for variances and conditional uses , that were enacted as part of an overall plan which will regulate the future utilization and development of the shore- lines lying within the corporate limits of the City of Renton . i . 04 Development of the Master Program The Shoreline Management Act requires that Renton ' s Shoreline Management Program serve as an objective guide for regulating use of the city ' s shorelines . As defined by the act , the master program is to be general , comprehensive , and long- range in order to be applicable to all of Renton ' s shorelines for a reasonable length of time under changing conditions . "General" means that the policies , proposals and guidelines are not directed towards any specific sites . "Comprehensive" means that the program is directed toward all land and water uses , their impact on the environment and logical estimates of future growth, and it also means that the program shall recognize the plans and programs of other governmental units , and adjacent jurisdictions . "Long range" means that the program is to be directed at least twenty (20) to thirty (30) years into the future , look beyond immediate uses , and follo�r creative objec- tives rather than a simple projection of current trends and � conditions . ' The basic intent of this master program is to provide for I� the management of our city� s shorelines by planning for and fos- ' tering all reasonable and appropriate uses and to ensure , if I development takes place , thdt it is done in a manner which will promote and enhance the best interests of the general public . This master program has further been formulated to protect the public interest in the city ' s shorelines and, at the same time , to recognize and protect private property rights consistent with that public interest . The goals and policies of this �6� master program are formulated so as to enhance the public use and enjoyment. of the shorelines so long as that public use is consistent wi.th, and does not impair, private property rights . It is recognized that the shorelines of the City of Renton are located within a major urbanized area and that they are subject to ever increasing pressures of additional uses necessitating increased coordination in the management and development of the shorelines . An attempt has , tliexefore , been made to present a planned, rational and concerted effort to increase co.ordinated and optimum utilization of the shore- ' lines of the ,City of Renton . Additionally, this master program has also been £ormulated so as. to provide for uses, of our shorelines in the following order of preference : - 1 . Recognize and .protect the state-wide interest over local interest on shorelines of state-wide significance ; 2 . Preserve the natural character of the shorelines ; 3 . Result in long-term over short-term benefits ; 4 . Protect the resources and ecology of the shorelines ; S . Increase public access to publicly owned areas of the shorelines ; 6 . Increase recreational opportunities for the public in the shorelines ; 7 . Provide for any other element deemed appropriate or necessary. It should also be noted that the Department of Ecology has de�ignated Lake Washington as a "region" for the purpose of shoreline planning , and has appointed a Regional Citizens Advi- sory Committee to formulate goals and policies affecting Lake Washington ' s shorelines . The goals and policies adopted by the Regional Citizens Advisory Committee have been considered in the formulation of� this master program. This master program should be read in its entirety and be considered as a whole . The goals and policies and specific uses of this master program were developed in an attempt to pro- vide long-range planning which would govern the future -7^ utilization and development of our shoxelines . Although it �s anticipated that this master program will need to be revised from time to time as additional shorelines are annexed and become subject to the provisions of this act , as planned unit developments are established and as additional experience is gained working with this act duxing its initial implementation period , it is felt that the general goals and policies of this master program provide the general guidelines un3er which future utilization and development might occur . We feel con- fident that these final guidelines are expressive of the con- cerns of the citizens of the City of Renton for the management of their shorelines . This master program has been written with the spirit of optimism, with the hope that our legacy of natural grandeur in the City of Renton will be more wisely used in the brief period of time it is entrusted to us , so that succeeding generations might have it to enjoy. � __-__� _S- R E �' P � QG E � � . � -9- SECTION 2 . PROCEDURES 2 . 01 Information Prior to Submitting Application Prior to submitting an application for a substantial development permit or an exemption from a substantial development permit , the applicant should informally discuss a pro- posed development with the Planning Department . This will enable the applicant to become familiar with the requirements of this Master Program, Planning Department procedures , and enforcement procedures . 2 . 02 Substantial Develo�ment Permits , 2 . 02 . 01 Application Forms and Fees No substantial develop- ment shall be undertaken on shorelines of the City � without first obtaining a "substantial development permit". from the Planning Department . Applications for such permits shall be made on forms and in a procedure prescribed by the Planning Department . Application forms may be revised from time to time by the Planning Depart- ment without prejudice to any existing applications . Such forms should be designed to obtain for the Planning Department such information as is necessary to determine whether such a permit is justified. Applications shall be made by the property owner, or his authorized agent , lessee , contract purchaser, or other person entitled to possession of the property , and except for applications filed by or on behalf of the City or other governmental agencies , shall be accompanied by a receipt issued by . the Finance Department showing payment of the applicable fees which are hereby imposed as follows : FEE VALUE OF DEVELOPMENT $50 Less than $10 , 000 $75 $ 10 , 000 but less than $50 , 000 $� oo �so , 000 to � ioo ,000 $150 More than $ 100 ,000 2 . 02 . 02 Publishing and Posting The applicant shall cause to be published notices thereof once a week for two (2) consecutive weeks in a newspaper of general circula�ion � -10- � in the area where said development is p�oposed; provided , how�vex, that the Planning Department sha�l have the right to require additional publications by the applicant in a newspap.er of general circulation in a neighboring jurisdiction if. it appears �hat the proposed project may affect the environment of such neighboring jurisdiction . Three (3) copies of the no�ice shall be posted prominently on the property concerned and in c�nspicuous public places within three hundr�d (300) feet thereof. Each said notice � shall include a statement that any person desiring to pre- sent his views to the Planning Department with regard to said application may do so in writing to said Department and any person interested in the Planning Department ' s action on an application for a permit may submit his views in writing or notify the Planning Department in writing of his interest within thirty (30) days from the last date of < , publication of such notice . Such notification or submission of views to the Planning Departmen� shall entitle said per- � � sons to a copy of the action taken on the application . The applicant shall submit proof of publication to the Planning Department within ten (10) days after the last date of publication . An af�idavit of publication by the newspaper shall be sufficient , 2 . 02 . 03 Review Guidelines Unless exempted or authorized through the variance or conditional use permit provisions of this master program, no substantial development permit and no other permit shall be granted unless the proposed develop- ment is consistent with the provisions of this Master Pro- gram, the Shoreline Management Act of 1971 , and the rules „ and regulations adopted by the Department of Ecology thereunder. � :D2 . 04 Burden of Proof on Applicant The burden of proving that th� proposed substantial development is consistent with the criteria which must be met before a permit is granted s,hall be on the applicant . 2 . 02. OS �Conditional Approval Should the Planning Director find that any application does not substantially comply with � criteria imposed by the Master Program and the Shore- - 11- ' . line Management Act of 1971 , he may deny such applica.- � ' tion or attach any terms or condition which h� deems � suitable and reasonable to effect the purpose and ob- • _ jec�ive of this master program. 2 . 02 . 06 Admiz�istrative Appeals Where an application i.s denied or chang�d, per 2 .02 . 05 , an applicant may appeal the decision denying or changing a "substantial development permit10 to the Planning Commision. The Planning Com- � mission shall ha�✓e the final. authority to interpret this Mas�ex Pro�ram for the City of Renton. See Section 2 . 10 for appeal procedures to the Shoreline Heaxings Boarde - 2 . 02 ., 07 Notification of City De�artments It shall be the duty of the Planning Depar�ment to timely furnish copies of all applications and actions taken by said department � unto the Public Works Department and City Clerk, and � such other of£icials or departments whose jurisdiction may extend to all or any part of the proposed develo.p- ment . 2 . 02 . 08 Bonds The Planning Departmen� may require the applicant to .post a bond in favor of the City of Renton to assure • full compliance with any terms and conditions impose.d by , said department on any substantial development permit . � Said bond shall be in an amount to reasonably assure the City that any deferred improvement will be carried out within the time stipulated. � 2,. 03 Exemptions 2 . D3 . 01 Exemptions from Permit System The following shall not be considered substan�ial developments for the purpose of this Master Program: A. Any projec� with a certification from the governor pursuant to Chapter 80 . 50 RCW; B . Any development of which the total cost or fair market value does not exceed $ 1 , 000 , if such devel- � opment . does not materially interfere with the normal public use of the water or shorelines of the state . C'. . Normal maintenance or repair of existing structures or developments , including damage by accident , fire ' or elements . - 12- D . Construction o� �he normal protective bulkhead common to single-family residences . E . Emer�ency cc�n�truction necessar� to protect pro- perty from damage by the elemen�s . F . Construction of a barn or similar agricultural structure on wetlands . ' G . �Construc�ion. or modification of navigational aids ' such as channel markers and anchor buoys . �', H. Construction on wetlands by an owner, lessee or contract purchaser of ;�. single-family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or yocal government having jurisdiction thereof, other than requiremea�ts imposed pursuant to this chapter. I . Construction of a dock designed for pleasure craft only, for the non-commercial use of the owner of a singie-family residence , �he cost of which does not exceed $29500 . (Senate Bill 2833) J . Any development on Shorelines of the City included within a preliminary or final plat approved by the City prior to April 1 , 1971 , if: � (1) The final pl-at was approved after April 13 , 1961 , or the preliminary plat was approved after April 30 , 1969 ; or (2) Sales of lots to purchasers with reference �I � to the plat , or substantial development in- �', cident to pZa�ting or required by the plat , �I occurred prior to April 1 , 1971 ; and (3) The development to be made without a permit meets all requirements of the City, other than requirements imposed pursuant to this Master Program; and (4) The devel�pment does not involve constr.uction ` of buildings , or involves construction on wet- lands of buildings to serve only as community, -13- social , or recrea�ional facilities for the use of owners of pla�ted lots and the buildings , , do no� exceed a height of thirty-five (35) feet above average grade level ; and (5) The development is completed by Jun�e 1 , , 1973 . 2 . 03 . 02 Exemp�ion Certificate Procedures Any person claiming exemption from the permit requirements of this Master Program as a result of the exemptions specified in this Section may make application for a no fee exemption certificate to the Planning Department in the manner prescribed by said department . 2 . 04 Review of Application 2 . 04 . 01 Review Criteria The Planning Department shall review an A application fox a permit based on the following : A. The application; ' B . The environmental impact statement , if one is re- quired; C . Written comments from interested persons ; D . Information and comments from other City departments affected; E . Independent study by the Planning Department . Fa Evidence presented at a public hearing , should the . Planning Departmen� decide that it would be in the public interest to hold a public hearing . The Planning Department shall �ave powers to prescribe rules and regulations for such hearings . 2 . 04 . 02 Additional Information The Planning Department may re- quire an applicant to furnish information and data in addition to that contained or required in the applica- tion form5 prescribed. Unless an adequate environmental statement has previously been prepared for the proposed development b.y another agency, the Planning Department shall cause to be prepared such a statement , prior to gra�ting a permit , when the State Environmental Policy Act of 1971 would require such a statement . � j -14- ' 2 . 04 . d3 Administra�,ive Standards In addition to the cxiteria hereinabove set £or�h in �this section9 the Planning .; Departmen� m.ay �rom time to time promulgate additional � procedures or criteria and such §hall become effective , when reduced to writ,ing, and filed with the City Clerk and as approved by the City Council and the Department of Ecology, � 2 . 05 Application �o �he Permit Sys�em to Development Undertaken Frior to June 1 , 1971 " 2 . 05 . 01 Permit Required Substantial development undertaken on the shorelines of �he City, priox to June 1 , 1971 , shall not require a permit except under the following circum- stances : A. Where the activity was unlawful prior to June 1 , 1971 ; B . �Where there has been an unreasonable period af dormancy in �he project between its inception and June 1 , 1971 ; . C . Where the development is not completed prior to June 1 , 1973 ; D . Where developmenr occurred grior to June 1 , 1971 , , on a shoreline and continued on to a different ; Iake , river or tributary after June l , 1971 , a permit shall be required for the substantial devel- � opment undertaken after June 1 , 3971 . 2 . 05 . 02 Phasing Substantial development undertaken prior to June 1 , 1971 , shall not continue without a permit until other phases �hat were not an integral part of the development being followed at the time construction commenced. 2 . 06 Time Requirements for Substantial Development Permits - 2 . 06 . 01 Construction Commencement Construction of a project for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years after the approval of the permit by the City , or the permit shall terminate , If such progress has not been made , a new permit shall be necessary. -15- � . 06 . Q2 Construction Com�letion A germit a�thorizing construc- tion shall extend for a term af no mare than five (S}_ years ; pravided however that a project for which a permit has been granted has no� been completed within five (5} years �fter the ap�rova2 of the permit , the Planning Department shall , upon such expiratian, xeview �he �permit and upon a showing of gaod cause may extend the pexmit �ar a period up to ane {I} year, otherwise said pexmit shall terminate ; pxovided, however, that no permit shall be extended unless the applicant has requested such review and extension prior to the expiration date of said permit , 2 . 06 . Q3 Review Periad No constructzon pursuant to such permit shall begin ar be authorized a�d no building , grading or. other construction permits or use permits shall be issued by �he City until farty-five (45� days from the date of final approval and grant of the permit , ar until all review proceedins are terminated is such were initiated within forty-five (45) days of the date of final approval by the Planning Department . 2 . 06 . 04 Trans_ferability of Permit if a parcel which has a valid � substan�ial development permit is sold to another person or firm, such permit may be transferred to the new owner upon proper application to the Planning Department . The Planning Department may transfer said permit pravided there will be no change in the proposed deve2opment . 2 . �7 Rulings to State Any ruling on an application for a substantial development permit under authority af this Mast�r Program, whether it be an approval or denial , shali cancurrently with the transmittal af the ruling to the applicant , . be filed with the Depar.tment of Ecology and the Attarney General by the Planning Department . � ! 2 . 08 Enfoxcement All provisions of this Master Pragram shall , I be enforce by t�e Public �orks Department . Far such puxposes the Public Works Director or his duly authorized _ _ representative shal2 have the powex of a police officer . 2 . 09 Rescissian of Permits � 2 . 09 . p1 Non-compliance with Permit Any substantial development permit issued by the City under the terms af this � � � .. � I -16- Master Program may be rescinded ar susgaended by t.hs t t Public 6Vorks flepartment of the City upon a finding ha a permi��.ee has s�ot complied t�ith conditions o£ the per- mit . I€ the halder of �he pexmi� chooses , he shail be entitled �o � hearing befare the Planning Commission . 2 . 09 . 02 Notice oi� Non-Caar.pliance Such rescissian and/or modi- � ficatic�n o� an issu�d p�rmi�. sha.11 be initiated by serv- ing written notice af non-campliance on the permittee which notice shall be sent by registered ar certified � mail , �eturn recei.�� a�e�uested, to �h� address listed on her address as �ha a Ii- � th� agg�lic�t�ora, or ta such ot pp cant o� per�nit�ee m�y h�ve advised the City; or suc�i notice may �e served or� the applicant ar permittee in � persan or his agent in �che same manner as service o� ' summans as provided by 1aw. i 2 . 09 . 03 Postin� In addztion �o such noticeq the Public Warks Departmen� shall cause to have notice posted in three (3) pu�►lic places of which ane (1) pos�ing shall be at or within �he area described in �he permit . 2 , 49 , 04� Public Hea�ing Before any such permit can be rescind- ed or modified, a public hearing may be k�eld at �he permi�tee ' s wx�i.ten request by t�e Pla.nning Commission . 5uch written ret{ues� must be made by said pexmittee not la�er than 14 calendar days follawing service of � notice upan permi�tee . I� 2 , 09 , 0,5 Final Decision The decision of �h� Pianning Commission � shall be the final decision of the City on a11 applica- � tions . A wra �ten decision sha21 be transmztted to the � Department of Ecalogy, the At�orney General ' s office , i the applicant , and such other departmen�ts or boards of the Ci�ty as are affected thereby and the legislative body of the City. � 2 . 10 Appeals Any person aggrieved by the granting or denying of �' a substant3al developmen� permit on shorelines of the City, ar by the rescinding af a permi� pursuant �a the provisions of thzs NYaster Program, may seek review from the Shorelines - - - - — , , . - , ' i - 1 7- , � : . '., , Hearing Board by filing a request for the same within � � thirty (30) days of receipt of the final order, and by . � �� concurrently filing copies of his request with the Department of Ecology and the At�orney General ' s offi�.e as provided in Section 18 (1) of the Shorelines Managemeri� � A"ct of 1971 . A copy of any such appeal notice shall iik�- wise be filed with the Planning Department and the City� Clerk of the City of Renton . � 2 . 11 Penaities � 2 . 11 . 01 Prosecution Every person violating any of the provisions , of this Master Program or the Shoreline Management Act of 1971 shall be punishable upon conviction by a fine not exceeding five hundred ($500) dollars , or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment , and each days ' violation shall constitute a separate punishable offen��e . 2 . 11 . 02 Injunction The City Attorney may bring such injunctive , declara�ory or other actions , as axe necessary to insure that no uses are made of the shorelines within the City in conflict with the provisions and programs of this Master Program or the Shoreline Management Act of 1971 , and to otherwise enforce provisions of this Ordinance and the Shoreline Management Act of 1971 . 2 . 11 . 03 Public and Private Redress Any pers.on subject to the regulatory program of this Master Program who violates any provision of this Master Program or the provisions of a permit issued pursuant thereto shall be liable for � all damages to public or private property arising from such violation , including the cost of restoring the affected area to its condition prior to such violation . The City Attorney may bring suit for damages under this _ ' subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been � established for the cost of restoring an area aff�cted e18� by vi��ation, ��e Court shall m�ke provision to �ssu�� that restor�tiQn wa11 be aGcomplished within a reas�n- �ble tiffi� at the expense of �he violator . In additi�n to suc� relief, including monetary damages , the Couri �n i�s discretion may award attoxney ' s fees and casts di the suit to the pxevailing party. ��2 �mendments The City initially shall review this Master �xo�ram �i�hin thx�e (3) years fr�� zts effective date I and thexe�fter as necessary. Any �me�d�ents to this • I! Master Program shall be reviewed first by the Planning � , Commission, which shall conduct a� least one (1) pubiic �I� heaxing on the proposed amend�ent . The Flanning Com�ission ', shall make � recommendation to �he City Council , which ' shall hold at least one (1) public hearing before making I a determination . Any pxopos�d amendment shall be submit�ed to the Department o� Ecology for approval in accordance with Sectio� 19 of the Shoreline Management Act of 1971 . - 19- SHORELINES � OF THE CITY -20- SECTION 3 SHORELINES OF THE CITY 3. 01 Approxiffia�ely 1� ffiiles of sfioreline in the City of Renton are urider the jurisdic�ion of the Shoreline Manageffient Act of 1971 . By state standards, the Green River and Lake Washington are classified as Shorelines of State-Wide Sig�ificance and comprise approximately 5 . 8 miles of the sho�elines of ��e City of Renton. In addition, the shorelines of the Cedar River, Black River, Springbrook Cree&, and May Creek are shorelines within the City. E�zch of these 1� miles of shoreline i� the Ci�y of Renton are considsred an extremely valuable resource not only �o t�e City of Renton but also to the Seat�le Metropoli�an Area o� �hich Renton is an integral part , 3. 02 Each shoreline has i�s own unique quali�ies which make it valuable and pr�ference is , therefoxe, given to the following uses in descending order of priority (as es- tablished by Chapter 90 . 5 , 020 RCW) : 1 . Recognize and protect the s�ate-wide interest over local interest for shoreline�s of state-wide significance; 2 . Preserve the natural character of the shorelines ; 3 . Result in long-term over short-term benefits ; 4 . Protect the resources and ecology of the shore- lines ; _ 5 . �ncrease public access to publicly owned areas of the shorelines ; and 6. Increase recrea�ional opportunities for the public in the shoreline. 3 . 03 In the City of Renton, the folTowing bodies of water are regulated by the Act : 1 . Cedar River, 2 . Green River, 3 . Lake Washington, 4 . May Creek from the intersection of May Creek and N.E . 31 Street in the southeast quarter of the -21- southeast quarter of Section 32-24N-5E WM down- st'ream in a northeasterly direction to its mouth at Lake Washington, 5 . Springbrook Creek north from S .W. Grady Way to the Black River, 6 . Black River . The above information is illustrated in Figure 3-1 . 3. 04 The jurisdiction of this Master Program includes shorelines and wetlands as defined in Section 9 . � � -22- �� ITi ` � , FIGURE 3=1 � !. � ' I _ � 1 .� � „ _ C.ITY OF RE�TON – - - - ----.__.—__---- —�. . �� M S �lORELIN � � � MANAGER� E � T" ' �. � � i � r --�- - - �- - -�-�� ------- -------y- T 1 - - _ j �-{� - � � � � +c o � � � � I . .. �.._ � I . r��,v �., I � � . c�E� �� , ; . - . . ; .. ,� �-..� � t � ...... ._ i i i_ _ _-- � �� - � , -� � - -- -- -- --�- �'==--�==�-�- -- --- - -------i -,'�- F .r_ � I ' ��`'� . LAKE .. _ _ � i� �� i ; - ;�.� '`�, WASH I NGTON , _ ,�. � � �i , L; . . l�, i�a� -j .��.�/ ' ' -- __ ��\�,,�, `�. � � 1 � �� , n ---- ---� -- — —� �- � �- y'' � _.-�; , . `'� - ,� � a�� '; \ _ ,� � , , , � ��.. ' `'� � ' '1 D � CED,AR RIVER � -._l � ��,-- - �-� }� �, _. __ .. _.�.__ _ .. � , : � �� ___�---I I ; �� , y lt.�r`�` '`' -� ; _ `� � I � -_- 1 � ��.\ BLACK ,.� � , , -�--- F � {�'\ RIVER � � � � �� ;`, � � = I '. �� "_ . - � - . ( ' �„ � , ` � _...-� --��-- - �_ _ .. _.___-�._� SPRINGBRQOK ' - j , I l\_.._ - � CREEK � ! �"-�'�.��_,_. � � - t�,� � _,.. �;�:=� " � ! � �-� � - * -, , �`' ��,1 ` I . ! ' ~��`� ��ti , � � � \`� j i t � �� ., � .: ._._ � ., � . _.—_._-Y, --7 � �.__�.. � ---- --—— - — ----- — - - � - - - ----'------ -• - � � i ! � I 7� i I i I ; i I , � 1 � _ { t i ' � , � � i i � ( � I i . i �1� ; � � i � � � � � { �� I /"'`'^ r � ��... - -- - - ' --, - - — -- ---- -.._.. __ - --- � � *�- -- ;-- I� 1 ! ; ----�' - - -_ _ _-, � ;�� . �-� ; ' ; �' GREEN ` € ; � z , , � � � � i � � .. . � .-- RIVER r � � ; i � , � I C -` y =� i — --- • i � •_ _ ----, ..__ . . � 1°-- „ � - - "a" — � — - - ---- -- ' _ . � --— : 1 � ( f I�_�_ j �' 1 n,� � LAKE i .. / � ` ,� I 111� � — [� ' ,. ; YOUNGS � � f� - � � � ( � I ! , t i �' I } !�. � ,�-- � �� i � �1 � � -24- GOALS & POLICIES -25 - SECTION 4 . GOALS AND POLICIES 4 . 01 Shoreline Uses and Activities Element � 4 . 01 . 01 Goals : A. Shorelines of the City are to be planned and coordinated to afford best use of the - limited water resource . B . Shorelines of the City are to provide natural ` amenities within an urban environment . 4 . 01 . 02 Policies : A. Reasonable and appropriate shoreline uses and activities should be planned fo�. (1) Short-term economic gain or convenience in ' development should be evaluated in relation- ship to potential long-term effects on the shoreline . (2) Preference should be given to those uses or activities which enhance the natural ameni- ties of the shorelines and which depend on a shorelines location or provide public access to the shorelines . • (3) Planning, zoning, capital improvements and other policy and regulatory standards should not increase the density or intensity of shoreline uses or activities except on a dem- onstrated need considering the shorelines and then only in accordance with the policies con- tained herein . (4) Plans should be developed for shorelines par- ticularly suited for water-dependent uses or � . activities . (5) Multiple use o£ shorelines should be planned where location and integration of compatible uses or activities are feasible . (6) Aesthetic considerations should be encouraged when contemplating new development, extensive redevelopment of existing facilities or for � general enhancement of shoreline areas . , i � -26- � � B . T�ios� shareline uses ox activities which are not � �rater related shauld be encauraged to relocate � � � i away from �h� shareline . '� Ce R11 shoreline developments �hall be designed and constructed �o p�atect th� rights and privacy of adj aeent propex�y ocvneps . 4 . 02 Cons�rvation Element 4 . 02 . 01 Goal : The resoui .;es and ameni�ies af all shorelines situa�ed in the Ci�ty of Re�ton are �o be protected and preserved for use and enjayment by pxesent and futua�� genexa�ions . 4 > 02 . 02 Policies : A. Existirag natural resources should be conserved . ( 1) bda�er quality and water flow should be main- gained at a level ta permit recreational use , provide a suitable habi�a� for desirable forms of aquatic life and ta satisfy other requi�red human needs . (Z) Aquatic habitats and spawning grounds shauld be protected, improved and, if feasible , in- creased . (3) Wildli��e habitats should be protected, im- �roved and, if �easible , increased. (4) Unique natural areas should b� designated and maintained as open space £or passive farms of recreation . Access and use should be restric- �ed if necessary far the conservation af these areas .. B. Exis�ing and future activities on all shorelines wz�hin �he City af Rentan shauld be designed to minimize adverse effects on the environment . C . The City nf Renfi.on should take aggressive action j � with respansible- governmental agencies to assure � that �he discharges fxam alI drainage basins are considered an integral part of shoreline planning . — — � �27= ,,, (1) Soi1 erosion and � dimentation which advers�Iy affect any shorelin�, within the City af Renton ' 1� . should be prevented o 'r�controlled whenever possible . '`' (2} The contaminatian af exi,sting watercourses should be discouraged. � D. Shoreline areas havi.ng historical , cultuxal , educa- tional or scientific va�.ue shauld be identified and protected. � (l� Public and private coopera�tion shc�uld be en- � couraged in si�e pxeservatian and protection . (2) Suspected or newly discovered sites should be kept free from intrusions for a reasonable �. ' time until their value is determined . � E . Festivals and temporary uses involving public in- terest and not substantially ar permanently impair- I ing water quality , water flaw or unique and fragile areas may be permitted . F . All further develagmen� of the shore2ines of May Creek east of FAI 405 should be compatib2e with the existing natural state of the shoreline . (1� Low density development should be encouraged to the extent that such development would per- mit and pravide £or the continuation of the existing natural character of the shoxeline . (2) The existing waterway of May Creek east of FAI 405 should be left in an undeveloped natural state as much as possible , 4 . 03 Economic Element 4 , 03. 01 Goal : Existing economic uses and activities on the shorelines are to be recognized and econamic uses or activities that are water related are to be encouraged. 4 . 03. 02 Policies : IA. Ecanomic uses and activities which are not water ' I related should be discouraged. In those instances where such uses or ac�ivities are peranitted � _— -- -- — - — — -- — — - - — -28- reasonable public access to and along the water ' s edge should be provided . B . Future economic uses and activities should utilize " the shoreline in an efficient manner . (1) Economic uses and activities should minimize and cluster that water-rela�ed portion of their development along the shoreline and place inland all facilities which do not re- quire a water ' s edge location . � (2) The length , width , and height of over-water structures should be limited to the smallest reasonable dimensions . (3) Shoreline developments should be designed to enhance the scenic view . C . Multiple use of economic developments on the shore- line should be encouraged to provide public recrea- tional opportunities wherever feasible . D . Shoreline facilities for the mnorage and servicing of boats and other vessels should be prohibited - in single family zoned areas wherever feasible . (1) �Commercial dockings and marinas shall meet all � health standards . (2) Marinas and other economic activities shall be required to contain and clean up spills or dis- charges of pollutants associated with boating � activities . E . The expansion of log raft storage on Lake Washington should be discouraged . F . Containment and clean-up of pollutants 9ha11 be re- quired of all economic activities on the shorelines . 4 . 04 Public Access Element 4 . 04 . 01 Goal : Increase public accessibility to shorelines while preserving or improving the natural amenities . 4 . 04 , 02 Policies : A . Public access should recognize and be consistent -29- i with private property rights . � B . Just _ compensation shall be provided to property � owners for land acquired for public use . C . Public access to and along the water' s edge should be consistent with public safety and preservation/ conservation of the natural amenities . D . Regulated public access to and along the water ' s edge should be available throughout publicly owned shoreline areas . E . Public access from pubiic streets shall be made available over public property or sought by ease- • ment . F . Future multifamily, planned unit developments , subdivisions , commercial and industrial developments shall be required to provide regulated public access along the water' s edge . G . Private access to the publicly owned shoreline corridor shall not be denied to owners of property contiguous to said corridor . H . When making extensive modifications or extensions to existing structures , multifamily, planned unit development , subdivision , commercial and indus- trial developers should be encouraged to provide for public access to and along the water' s edge if physically feasible . I . Views of the shoreline and water from shoreline � and upland areas should be preserved and enhanced . Enhancement of views shall not be construed to mean excessive removal of vegetation . , J . Both passive and active public areas shall be de- signed and provided . K . In order to encourage public use of the shoreline corridor, public parking shall be provided at fre- I quent locations . L . Preservation or improvement of the natural amenities shall . be a basic consideration in the design of -30- ' �horeline areas to which public access is pro- vided, ancluding the trail system. 4 , 05 Recreation Element 4 . 05 . 01 Goal : Water-related recreational activities avail- � able to the public are to be encouragede 4 . 05 . 02 Policies : A . Yda�er-related recreational activities should be encouraged . (1) Accessibility to the water ' s edge should be improvede (2) Shoreline park areas should be increased in size and numbere (3) Areas for recreation of special interest should be developed . (4) Bo�h passive and active recreational areas shall be provided . B . Recreational fishing should be supported, main- �ained and increased . C . The public should be encouraged to buy shoreland as it becomes available for sale based upon an establishea plan declaring public intent . D . Local jurisdictions should join in a cooperative , effort to expand recreational opportunities through progxams of acquisition , development and mainten- ance of waterfront areas . E . Subject to state and federal regulations , the wateros depth may be changed to foster recreational ° aspectsa 4 . 06 Circulation Element 4 . 06 . 01 Goal : Minimize future motor vehicular traffic and en- � � courage pedestrian traffic within the shorelines . 4 . 06 . 02 Policies : A . Shoreline roadways should be scenic boulevards where possible and should be restricted to exist- ing rights-of-way. B . Public transportation should be encouraged to -31- facilitate access to shoreline recreation areas . C . Pedestrian and bicycle pa�hways , including pro- visions for maintenance , operation and security, should be developed. (1) Access points to and along the shoreline should be linked by pedestrian and bicycle pathways . (2) Separate pedestrian and bicycle pathways should be included in new or expanded bridges or scenic boulevards within the shorelines . (3) Separate pedestrian and bicycle pathways should be included in publicly financed trans- portation systems or rights-of-way, consistent � wi�h public interest and safety. D . Commercial boating operations , other than marinas , should be discouraged, but if permitted, should be limited to commercial and industrial areas . 4 . 07 Residential Element 4 . 07 . 01 Goal : Existing residential uses are to be recognized but future residential development should optimize regulated public access to and along the shorelines , consistent with private property rights . 4 . 07 . 02 Policies : - A. Residential uses over water shall not be permitted. B . Residential development should be discouraged in unique and fragile areas . C . New residential dev�lopments along or impinging upon the shoreline should be permitted only where sanitary sewer facilities are available . D . Multi-family structures near the shoreline should be reasonably set back from. the water' s edge . E . Future shoreline sub-division and planned unit developments (P . U. D. ) shoul.d permit regulated public access to and along the water' s edge . F . Low density development should be encouraged in future residential developments along the shoreline . - 32- G . New residential developments should optimize , utilization of open space areas . ' H . All further development of the shorelines of �I May Creek east of FAI 405 should .be compatible with the existing natural state of the shoreline . (1) Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline , (2) The existing waterway of May Creek east of FAI 405 should be left in an undeveloped state as much as possible . -33- ENVIRONMENTS �. - - - - -- - -- - - -34- I SECTION 5 ENVIRONMENTS I 5 . 01 Two Environments Two environments , Conservancy and Urban, shall be designated to provide a uniform basis to apply policies and use regulations within distinctively different shoreline areas . The environmental designation to be given any specific area shall be based on the existing development pattern, the biophysical capabilities and limitations of the area being considered for development and the goals and aspi- rations of local citizenry . Shorelines have been categorized according to the natural characteristics and use regulations have been designated herein. 5 . 02 Conservancy Environment 5 . 02 . 01 Designation of the Conservancy Environment A . Objective The objective in designating a conservancy environment is to protect , conserve , and manage exist- ing areas with irreplacable natural or aesthetic fea- tures in essentially their native state while providing for limited use of the area . The cunservancy environ- ment is intended to provide a pleasant break in the sur- rounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton . . B. Areas to be Designated as a Conservancy Environment (1) Areas of high scenic value . (2) Valuable areas for wildlife habitat . (3) Hazardous slope areas . (4) Floodprone areas . (5) Areas which cannot provide adequate utilities for - intense development . (6) Areas with unique or fragile features . C . Acceptable Activities and Uses Activities and uses considered to be acceptable in a conservancy environ- ment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in a conservancy environment are low density residential , passive ag�icultural uses r . . -35- such as pasture or range lands , and passive outdoor. recreationo 5 . 02 . 02 Use Re$ulations in the Conservancy Environment _ Ao Commexcial Uses Commercial uses shall be limited to home occupations , which shall be contained wholly within the dwelling unite Be Fish and Game Reserve and Breeding Operations Any such - _ _- -- activity shall be allowed only by the Planning Commission . C . Industxial Uses All industrial activities are prohibited in a conservancy environment . D , Recreat�on Uses In the conservancy environment recreation uses shall be limited to passive recreation . (1) Pex°mitted Uses (a) Public hiking and bicycle trails . (b) Quiet public fishing . (c) Public wading and swimming spots . (d) Public areas for natur. e study . (e) Public picnic areas , (2) Uses Allowed by Planning Commission (a) Public overnight camping areas . (b) Eating/drinking establishments . E . Residen�ial Uses (1) Perm�tted Uses Low-density single family residences . (2) Uses Allowed by Planning Commission Multi-family residences of two (2) to four (4) units . (3) Prohibited Use Multi-family residences of five (5) units or more . F . Utilities (1) Local Service Utilities The necessary local service utilities shall be permitted for approved activities and uses within the conservancy environment . (2) Major Utilities Major Utilities may be allowed only by approval of the Planning Commission and only if they cross the conservancy area in the ,I shortest feasible route . 5 . 02 . 03 Jurisdiction That portion of May Creek east of FAI-405 and that poxtion of the south bank of the Cedar River 2 , 500 feet east of FAI-405 shall be designated conservancy - : -36- (see f��ure S�1) . 5 . 03 Urban Environment 5 .03. 01 Designation of the Urban Environment � A. Objective The objective of the urban environment is ._ to ensure optimum utilization of shorelines within urbanized areas by providing for intensive public use , especially access to and along the water ' s edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses . B. High-intensity Land Use The urban environment is an area of high-in�ensi�y land-use including residential , commercial , and industrial development . The environment does not necessarily include all shorelines within an incorporated city , but is particularly suitable to those areas presently subjected to extremely intensive use pressure , as well as areas planned to accommodate intensive urban expansion . Shorelines planned for future urban expansion should present few biophysical limitations for urban activities . C . Water-�ependent Activities Because shorelines suitable for urban uses are a limited resource , emphasis shall be given to development within already developed areas and particularly to water-dependent industrial and commercial uses requiring frontage on shorelines . D . Public Access In this. master program, priority is also given to planning for public visual and physical access to water in the urban environment . Identifying needs and planning for the acquisition of urban land for per- manent public access to the water in the urban environ- ment shall be accomplished through the master program. To enhance waterfront and ensure maximum public use , industrial and commercial facilities shall be redesigned to permit pedestrian waterfront activities . Where practicable , various access points ought to be linked to nonmo�orized transportation routes , such as bicycle and hiking paths . . � � -37- I � S > 03 . 02 Use Regulations in the Urban Envixonment All uses shall j be allowed as indicated by Section 7 of the Master Program. � 5 . 03 . 03 J�zrisdictian Al1 shorelines af the City not designated as conservancy are design�.ted as urban (see figure 5-1) . .I ��,g_ s. _ F i gure 5-1 �', �� ` �� C I TY OF RENTON - -- — - - ------- — — ,, �� `� f� � � i� AA � � °�S 1�. ��T ,� � I � � � � � � , ----�.._ _ � •: �4 - -, - -e-- --�-.- - -- I---------- I : _� 1_ � � , � � m �m�COPSSERVAbbCY � � MAY I -I � - ' CREEK �\�.{� . l� I -- - _ � ! , ---N \- _ --- -- -------- �-�-�=-� —----------- :; I ; \` I � —_._. .-r..� � `� ; ,_ .,:.:,----LAKE .... � I � rI . J � � ''`, � �`=: WASH I.NGTON � - - - � ::� . � : s� _ �� . f --; _ � _ _\\ _ �' - - ---- — —....- \ � + . � � �'. ".__ Ki I , i ��,`1\`�\ I _ � - , � , ._... � ... _ . ., l ,. ` --I _ _ __ CEDAR RIVER �- ' ,�.�:; I ;- -,� ; - - - --� � I ; i �� - , _ , --- __ , ;�_�=� �-�_ � ' � �� ! - !� �� BI.ACK i •j ' � � � .T� ' ��\` -� RIVER - � � I = � '�,� ..�_� • �_ _ . . \ . . _ _ _- - - ' � _ � � — -�}� — -� SPR I NGBROOK '-- ` --�— - -- l i , �( � CREEK -- ------t `' • ' � I � _-� . .. r��; i �� ,-—. %��` - :j { �'� I � . � ._ i ; -, . _ /� � �'�. --�. �s=—� (�� \,. \ \ � \ V, � � t U . � 1 \ - / \'� �,.:`; �I -� . .x..:_ � I _1 .►I, _-- - � _ . _ � -� --- - -- --�--�------------ � �- � . ` ) � � r �� , :! ,�� _ _�-� :� l � , � � -�__ �;,,,, i t, . � ___ _ i � ��.. � � . - --- _ __ . , -- - --- ------- U 1 --_----- - - ---- ,� �� , , . �-�-_ �- ----=, ;. �7;;� _i� `'��;�. , - � � �{ �` -,% �! . / :rr GREEN � 7, � � , � --•- , �',1 —, , ' �" ' R I VER ; � I � � I�., � � � — —' ,.� - - -- ------ - -------- �-- -- I '.` � �`: I -�--- ---- I 1 , I I � ` LAKE � / I L_ I � � YOUNGS �: �� .s� I ,/ � � / � t �� 1 -,�.t � `� /:. � � f -39- GENERAL USE REGULATIONS � -40- SECTION 6 GENERAL USE REGULATIONS 6 . 01 Applicabilitye This section shall apply to all Shore- line uses whenever applicablee Items included here will . not necessarily be repeated in Section � , Specific Use Regulations , and shall be used in the evaluation of all permits . _ 6 . 02 Envixonmental Effects 6 . 02 . 01 Pollution and Ecological Disruption : The potential effects on water quality, water and land vegetation, water life and other wild life (including, for example , sgawning areas , migration and circulation habits , natu- ral habitats , and feeding ) soil quality and all other environmental aspects must be considered in the design plans for any activity or facility which may have � detrimental effects on the environment . � 6 . 02 . 02 Burden on Applicant Applicants for permits must explain the methods that will be used to abate , avoid or otherwise control the harmful effects . 6 . 02 , 03 Erosione Erosion is to be controlled through the use of vegetation rather than structural means where feasi�le . 6 . 02 . 04 Geology : Important geological factors - such as possible slide areas - on a site must be considered . Whatever activity is planned under the application for the devel- opment permit must be safe and appropriate in view of the geological factors prevailing . 6 . 03 Use Compatibility and Aesthetic Effects 6 , 03 . 01 The potential impact of any of the following on adjacent , nearby and possibly distant land and shoreline users shall be considered in the design plans and efforts made to avoid or minimize detrimental aspects : A , View obstruction : buildings , smokestacks , machinery, fences , piers , poles , wires , signs , lights and other structures ; -41- B . Community disturbances : noise , odors , night � lighting, water and land traffic and other structures and activities ; C . Des�gn theme : architectural styles , exterior designs , landscaping patterns and other aspects ' of the overall design of a site shall be a uni- �I form or coordinated design , planned for the pur- pose of visual enhancement as well as for serving a use£ul purpose ; D . Visually unpleasant areas : landscaped screening shall be used to hide from public view any area that may impinge upon the visual quality of a site , for example , disposal bins , storage yards and out- door work areas ; E , Outdoor Activities Work areas , storage and other � activities on a site in a residential area shall be in enclosed buildings , as is reasonable possible to reduce distractions and other effects on surround- ing areas . Outdoor activities of commercial and in- dustrial operations shall be limited to those neces- sary for the operation of the enterprise , Outdoor areas shall not be used for storage of�more than minimal amounts of equipment , parts , materials , products or other objects . 6 . 04 Public Access 6 . 04 . 01 Where possible , space and right-of-way shall be left available on the immediate shoreline soa that trails , bike paths , and/or other means of public use may be� , ��'I developed providing greater shoreline utilization . ' 6 . 04�:02 Any trail �system �shall be designed to avoid coriflict � " - � 'with private `residential property rights . 6 . 04 . 03 ? �No `prop'erty �slial'1 �be acqui 'red for public use without just �coinpe'nsatiori to the owner. � .. . .. .!I`. i '` . , _ _ .. � • . , . . .. 6 . 05 Facility Arrangement - Shoreline Orientation . :.;: . : _ - _ 6 . 05 . 01 Where feasible , shoreline developments sha12 minimize and clustex the water-dependent portion of their -42- deveiopm�nts along the shareline and place inland a#�;, j facilities which do not require a water ' s edge. Ioca.ti��a 6 .07 Landscaping 6 . 07003 Gener�l The na�ural and proposed landscapa.ng should be > r�pressn�a�ive of the indigenous character o£ the specific types of waterway (stream, lake edge , marshland) and shall be compatible with the Northwest imagea The scenic, aesthetic , and ecalogical qualities of natural and developed shorelines should be r�cognized and presexved as valuable resources > 6 . 08 Unique and Fragile Areas Uniaue features and wildlife habita�s should be pxeserved and incorparated inta the si�te , Fragile areas shall be pratected from development and encroachment . I I ` l.—___.=--- �-- — - �.�_--� -- - - -- - - — — —� 1 -�►3- � SPECIFIC USE REGULATIOIVS � -�� SECTION 7 SPEC IF IC'.'_US'E, �Z�'�ULA'�'T�b'�'�:. 7 . 01 Airport - Seaplane Bases �� 7 . 01 . 01 Location : A. Airports A n�w airport shall not be allowed to locate within the shoreline . However , an air- port already located within a shoreline shall be permitted to upgrade and expand its facilities provided such upgrading and expansion would not have a substantial detrimental effect on a shoreline . B . Seaplane Bases 1 , Private Seaplanes may be permitted in residen- tial areas . ` 2 . Commercial New commercial seaplane bases may be allowed in public and industrial areas pro- vided such bases are not contiguous to resi- dential areas . 7 . 01 . 02 Facilities A. Airports 1 . Future hangers shall be no closer than tw.enty ; � (20) feet to the water ' s edge and shall be designed and spaced to allow viewing of airport activities from the area along the water ' s edge : 2 . Tie down areas shall be no closer than twenty (20) feet to the water ' s edge , for landbased aircraft . ' B . Seaplane Bases 1 . Docks for the mooring of seapl.anes are pe.rmitt&�. Seaplanes may be stored on the dock , or ramps". 2 . Tie down areas may be provided on seaplane � � ramps . 7 . 01 . 03 Landscaping A. Landscaping shall be required around parking_ �.�`�� in accord with city ordinances . B . The landscaping shall be compatible with th�� activities and characteristics of aircr.a,�� g� �1:��C �t -45- sh.Quld be wind resistent , low profile and able to survive under adverse conditions . 7 . 01 . 04 Services Services of aircraft shall conform to FAA . standards which includes fuel , oil spill , clean-up, safety and fire fighting equipment , and vehicle and pedestrian separatione ' -46- 7 . 02 Aquaculture 7. 02e01 Location A. Aquaculture operations may be located on streams and riverse 7 . 02 . 02 Time Facilities shall be allowed on a temporary basis only. 7002 . 03 Design and Construction Ae All structures over or in the water shall meet the following restrictions : 1 . They shall be securely fastened to the shore . 2 . They shall be designed for a minimum of inter- ference with the natural systems of the water- way, including for example , water flow and quality, fish circulation, and aquatic plant life . 3 . They should not prohibit or restrict other human uses of the water, such as swimming and/or boating . 4 . They shall be set back appropriate distances from other shoreline uses if potential conflicts exist . � - . -47- 7. 03 Boat-Launching Ramps 7 . 03. 01 Site Appropxiateness and Characteristics • A. Water and Shore Characteristics (1) Water depth should be deep enough off the shore to allow use by boats , (2) Water currents and movement and normal wave action shall be suitable for ramp activity . B , Topography : The proposed area should not present major geological or �opographical obstacles to construc�ion or opexation of the ramp . Severe methods should not be necessary to adapt the site . 7 . 03 . 02 Dimensions and Location The ramp should be designed so as to al �ow for ease of access to the water wi�h minimal impact on the shoreline and water surface . 7 . 03 . 03 Surface and Construction A. Surface Materials : The surface of the ramp may be concrete , precast concrete , or other hard permanent substanceo Loose materials , such as gravel or cinders should not be used . The material chosen shall be appropriate considering the following conditions : (1) Soil characteristics , � (2) Erosion , (3) Water currents , (4) Waterfront conditions , (5) Usage of the ramp , (6) Any other pertinent factor or local condition . B . The material shall be permanent and non-contaminating to the water . 7 . 03 . 04 �Review : Engineering design and site location approval . shall be obtained from the appropriate city department . -48- 7 . 04 Bulkheads 7 . 04 . 01 General : All bulkheads are subject to the regulations set forth in this mastex program, except that bulk- heads common to a single-family residence are exempted from the permit system set forth in this Master Progra.m. 7 . 04 . 02 Bulkhead Permitted A bulkhead may be permitted only when : A. Required to protect upland areas or facilities ; and B . Riprap cannot provide the necessary protection ; and C . The bulkhead design has been appxoved by a licensed engineer , and the design has been approved by the Renton Department of Public Works . 7 . 04 . 03 Bulkhead and Fill A bulkhead for the purpose of creat- ing land by filling� behind the bulkhead shall be per- mitted only when the landfill has been approved. The application for a bulkhead shall be included in the application for the landfill in this case . 7 . 04 . 04 General Design Requirements A. The burden rests upon the applicant £or the permit I to propose a specific ty�e of bulkhead design which has been approved by a licensed engineer . B . All approved bulkheads are to be constructed in such a manner as to min�mize damage to fish and shell fish habitat . In evaluating the application for a proposed bulkhead, the Planning Department is to consider the effect of the bulkheads on pub- lic access to publicly owned shorelines . Where possible , bulkheads are to be designed so as not to detract from the aesthetic qualities of the shoreline . C . Bulkheads are to be constructed in such a manner as to minimize alterations of the natural shore- line and to minimize adverse effects on nearby beaches . ' �49- D , In cases where bulkhead�ng is permitted, scienti- fic information suggests a rock riprap design should be preferred. The cracks and openings in such a structure afford suitable habitats for certain forms of aquatic life . However, consid- eration must be given to the fact that such cracks and openings above the water line may pro- vide resting sites for rat populations . -50- ,. 7. 05 Commercial Developments � 7. 05 . 01 Location of develo�ments A. New commercial developments are to be encouraged to locate in those areas where current commercial uses exist . B. New commercial developments on Lake Washington which are neither water dependent nor water related will not be permitted upon the shoreline in the absence of a showing of strict economic necessity by the applicant . C . Where possible , commercial developments are to in- corporate recreational opportunities on the shore- line for the generai public . D . The applicant for a shoreline development permit for a new commercial development must indicate in his application the effect which the proposed com- mercial development will have upon the scenic view prevailing in the given area . Specifically , the � applicant must state in his permit what steps have been taken in the design of the proposed commercial development to reduce to a minimum interference with the scenic view enjoyed by any significant number of � people in the area. 7. 05 . 02 Setback A commercial building shall be located no closer than twenty-five (25) feet to the water' s edge , however, the Planning Commission may reduce this requirement for -good reason for those structures that allow public access to and along the water ' s edge . � - - - —_ _ -51- 7 . 06 Dredging 7. 06 . 01 Definition The removal of earth or sediment from the bottom or banks of a body of water. 7 .U6 . 02 Permitted Dredging Dxedging is to be permitted only when : A: Dredging is necessary for flood control purposes if a definite flood hazard would exist unless dredging were permitted. B. Dredging is necessary to correct probiems of materi- al distribution and water quality when such problems are adversely affecting aquatic life or recreational areas . C . Dredging is necessary to obtain additional water area so as to decrease the intrusion into the lake of a public , pxivate or marina dock . This type of dredging may only be allowed if the following con- ditions are met : (1) The water of the dredged area shall not be stagnant or pollutede (2) The water of the dredged area shall be capable of supporting aquatic life . D . Dredging may be permitted where necessary for the development and maintenance of public shoreline parks and of private shoreline to which the public is provided access . Dredging may be permitted where additional public access is provided, and/or where there is anticipated to be a significant im- provement to fish or wild life habitat ; provided there is no net reduction upon the surface waters of the lake . E . Dredging may be permitted to maintain water depth � and navigability . � 7 . 06 . 03 Prohibited Dredging A. Dredging is prohibited in unique or fragile areas . B. Dredging solely for the purpose of obtaining fill -52- or construction material , which dredging is not directly related to those purposes permitted in Subparagraph . 02 above , is prohibited . 7 . 06 .04 Regulations on Permitted Dredging A. All proposed dredging operations shall be planned by a licensed engineer . An approved engineering report shall be submitted to the Renton Planning Department as part of the application for a shore-� lines permit . B . The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredg- ing operation . C . The responsibility further rests with the applicant to demonstrate that there will be a minimal adverse effect on aquatic life and/or on recreational areas . D . The timing of any dredging operation shall be planned so that it has minimal impact or interfer- ence with fish migration . E . Adjacent bank protection : (1) When dredging bottom material of a body of water, the banks shall not be disturbed unless absolutely necessary. The responsibility rests with the applicant to propose and carry out practices to protect the banks . (2) If it is absolutely necessary to disturb the adjacent banks for access to the dredging area, the responsibility rests with the appli- cant to propose and carry out a method of res- toration of the disturbed area to a condition minimizing erosian and siltation . F . Adjacent properties : (1) The responsibility rests with the applicant to demonstrate a method of eliminating or prevent- �i ing conditions that may: (a) create a nuisance to the public or nearby activity; � -53- (b) damage property in or near the area; (c) cause substantial adverse effect to plant, animal , aquatic or human life in or near the area; or (d) endanger public safety in or near the area. G . The applicant shall demonstrate a method to con- trol contamination and pollution to water, air and ground. H. Disposal of dredged material : (1) The applicant shall demonstrate a method of ` disposing of all dredged material , f2) In no instance shall dredged material be deposited in a lake or stream. (3) In no instance shall dredged mater.,.ial be stockpiled in a wetland area . (4) If the dredged material is contaminant or � pollutan� in nature , the applicant shall pro- pose and carry out a method of disposal that does not contaminate or pollute water , air or ground. -54- 7 . 07 Industrial Development I , 7 . 07. 01 Industrial developments are to be permitted only when : A . They are water relat.ed or they provide reasonable public access to and along the water' s edge ; and, B . They minimize and cluster those water-related portions of their development along the shoreline ai�d place inland all facilities which are not water dependent ; and, C . Any over water portion is water dependent , is limited to the smallest reasonable dimensions , and is approved by the Planning Commission; and, D . They are designed in such manner as to enhance the scenic view ; and , E . It has been demonstrated in the permit application that a capability exists to contain and clean up spills or discharges of pollutants associated with the industrial development . 7 , 07. 02 Industrial structures are to be permitted only when they are located on land parcels where industrial uses currently exist or where they are set back more than twenty-five (25) feet from the water' s edge . -55� 7 . 08 Landfill 7 . 08 . 01 Landfills shall be permitted only in the fo.Tlowing cases : , A. For detached single-family residential uses when the property is located between two (2) existing bulkheads the property may be filled to the line of conformity provided the fill does not exceed one hundred twenty-five (125) feet in length along the water' s edge and thirty-five (35) feet into the water and provided the provisions of Section 8 . 02 . 01 through 8 . 02 . 05 are satisfac-- torily met ; or, B . When a bulkhead is built to protect the existing perimeter land, a ?andfill shall be approved to bring the contour up to the desired grade ; or C . When in a public use area, landfill would be advantageous to the general public; or , D . When repairs or modifications are required for existing bulkheads and fills ; or , E . When landfill is required for flood control pur- poses ; or , � F . Justification for landfill for any other purpose than those listed in subsections A through E above will . be allowed only with prior approval of the Renton Planning Commission . ' -56- 7 . 09 Marinas 7 . 09 . 01 Definition : The term "marina" shall be a use pro- viding moorages for pleasure cr.aft which also may include boat-launching facilities , storage , sales and other related services , 7 . 09 . 02 Marinas shall be permit�ed only when : A, Adequate onsite parking is available commensurate with the moorage facilities provided .. - B, Adequate water area is available commensurate with the actual moorage facilities provided . Co The location of the moorage facilities is conve- nient to public xoadso 7 . 09 . 03 Design requirements A. Marinas are to be designed in the manner that will minimize adverse effects on fish and shell fish re- sources and be aesthetically compatible with adjacent areas . B. Marinas utilized for overnight and long-term moorage are not to be located in shallow-water embayments with poor flushing action . C . Applications for permits for marina construction are to be avaluated for compliance with standards promulgated by Federal , Sta�e and Local agencies . D . Marinas and other commercial boating activities are to be equipped with receptacles to receive and adequately dispose of sewage , waste , rubbish , and� litter from patrons ' boats . E . Applications for development permits for the con- struction of marinas must affirmatively indicate that the marina will be equipped to contain and clean up any spills or discharges of pollutants associated with boating activities . 7 . 09 . 04 Location of Marinas A. Marinas shall be permitted only upon Lake Washington and on the Cedar River between its mouth and the Logan Street Bridge . Marinas must provide adequate access , parking, and surface water area in relation to the number of moorage spaces provided. � - - --- - - - - - ° -57-- I� 7� 1� I�ini.ng I �.�:p,, pl All mining, including surface mining, shall be pro- " hibited. ( '�. 10 .02 Suxface mining shall mean all or any part af the process involved in extxaction of minerals by re- moving the overhurden and mining directly fram the I minerai depasits thereby exposed, inc2uding apen pit mining of minerals naturally exposed at the surface of the earth, ma.ning by the auger methad, I . and productian af surface mining refuse . The sur- I face mining shall not include reasonable excavation Ior grading conducted for farming, ansite road canstructian , or onsite building canstruction. I� � u .. ' -58- . 7. 11 Parkin�z � I 7. 11 . 01 Public Parkin� A. In order to encourage public use of the shore- line , public parking is to be provided at fre- quent locations . B. Public parking facilities should be discouraged along the water' s edge . � C . Public parking facilities are to be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. 7 , 11 . 02 Private Parkiny� A. Where possible , private parking facilities are to be located away from the water' s edge . -59- 7 . 12 Piers and Docks 7. 12 . 01 Purpose A. A pier or dock is a structure built over or float- ing upon the water, used as a landing or moorage place for marine transport or for residential purposes . B. The use of floating docks in lieu of other types of docks is to be encoura.ged in those areas where scen- ic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. 7 . 12 . 02 Allowable Construction � A. The following permits for construction of piers or docks will be allowed : (1) Piers and docks which provide for public use or marinas . (2) Community piers and docks in new major water- front subdivisions . (3) Piers and docks which are constructed for private joint use by two or more waterfront property owners . (4) Private single family residence piers and docks . (S) Water-dependent commercial and industrial uses . B. The responsibility rests upon the applicant to affirmatively demonstrate in his application for a - permit the need for the proposed pier or dock . C . The design of all piers and docks shall be approved by a licensed engineer or licensed architect . 7 . 12 . 03 Design Criteria for Single-Family Docks A . Pier type (1) All piers and docks shall be built of open pile construction , except that floating docks may be permitted where there is no danger of significant damage to an ecosystem, where scenic values are high , and where one or more of the following conditions exist : -60- a. Extreme water depth, beyond the range of normal length piling . b . A soft bottom condition, providing little support for piling . c . Ledge rock bottom that renders it not feas- ible to install piling . B . Covered moorage , both permanent and temporary , shall consist of no more than a roof. C . Dock Size Specifications (1) The following dock specifications shall be allowed : a . The dock may extend thirty (30) feet into the water or until a depth of eight (8) feet is reached provided the dock length does not exceed one hundred 100 feet . � ) b . The maximum width of a dock shall be eight (8) feet . (2) Any greater dimension than those listed above may be allowed by the Planning Commission for ' good reason , which shall include , but is not limited to conditions requiring greater dock length and construction. D . Dock Location and Spacing (1) No portion of a pier or dock for the sole use of private , single-family residence may lie closer than five (5) feet to an adjacent property line . (2) Two (2) contiguous waterfront properties may locate a joint dock facility on either such property provided there are appropriate restrictive covenants filed for record run- ning with the land, 7 . 12 . 04 Multifamily Residence Docks A. Resident Moorage (1) Moorage at the docks shall be limited to resi- dents of the subdivision, a�artments , condo- miniums , or similar developments for which the dock was built . � -61- B . Maximum Number of Berthing Spaces (1) The ratio of moorage berths to residential units shall be a fraction less than one . 7 . 12 .05 Use of Buoys and Floats A. Where feasible, the use of buoys and floats for moorage should be encouraged as an alternative to the construction of piers and docks . Such buoys and floats are to be placed as close to shore as possible in order to minimize hazards to navigation . 7. 12 .06 Commercial and Industrial Docks A. _ The following dock specifications shall be alloweds (1) Unless otherwise determined or directed by any State agency having jurisdiction there- over, the dock may extend into the wate� one hundred fifty (150) feet if the depth of thirty (30) feet is not reached; the dock may be extended until a depth of thirty (30) feet is reached provided the dock does not exceed two hundred fifty (250) feet . (2) The maximum width shall be twelve (12) feet . (3) If feasible the dock is to be parallel to . � the water 's edge . B . Docks shall be placed no closer than thirty (30) feet to a side property line . -62- - � 7. 13 Recreation 7. 13 . 01 Definition : The refreshmen� of body and mind through � forms of play, amusement or relaxationa The recreation- al experience may be active, such as boating, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlifee 7 . 13 . 02 Public Recreation Public recreation uses shall be permi�ted within the shoreline onlY when the following criteria are considered: A. Accessibility to the water ' s edge is provided; and B . Recreational development shall be of such variety as �o satisfy �he diversity of demands of the local� ' community; and C . Just compensation is provided to the owner for property acquired for the public use ; and D . It is designed to avoid conflicts with private pro- perty rights and create minimum detrimental impact on the adjoining property ; and E . It provides parking spaces to handle the designed public use and it will be designed to have a mini- mum impact on the environment . 7 . 13 . 03 Private Recreation Private recreational uses open to the public shall be permitted only when the following standards are met : A. There is reasonable public access to and along the water ' s edge if necessary to have access to such , uses ; and B. The primary proposed facility is water dependent ; and ' C . The secondary proposed facilities are water oriented; and D . The proposed facility will have � no significant detrimental effects on adjacent parcels ; and E . Adequate, screened and landscaped parking, facilities that axe separated from pedestrian paths are pro- vided. � -63- � � 7 : 14 Residential Development 7. �4 . 01 Residential developments shall be allowed only when : A . Adequate public utilities are available ; and B. Residential struc�ures are se� back inland from . the water° s edge a minimum of 20 feet ; and C . Density shall not increase beyond the zoning . density ou�lined in �he Renton Urban Area Com- . prehensive Plan . 7 . 14 . 02 No �loa�ing residences are to be a�lowed. � � -64- • 7 . 15 Roads and Railroads 7 . 15 . 01 Location A . Major highways , freeways and railways are to be located away from shorelands , except in indus- trial areas , in order that shoreland roads may be reserved for slow-moving, recreational � traffic . - 7 . 15 . 02 Des�gn requirements A. Where possible , shoreline roadways are to be scenic boulevards and are to be restr� cted to existing rights-of-way. B . Roadways located in wetland areas are to be designed and maintained to prevent soil erosion and to permit natural movement of ground water. C . All debris and other waste materials from con- struction are to be disposed of in such a way as to prevent their entry by erosion into any � water body. D . Road locations are to be planned to fit the topography where possible in or_der that minimum alteration of existing natural conditions will be necessary . � i -65- . - - 7 . i6 Signs 7 . 16 . 01 Design requirements A. Visual access to wa.ter and shoreline from vistas and viewpoin�s is not to be impaired by the placement of signs . �here feasible9 signs are to be constructed against exi�ting buildings or structures to minimize visual obstruction of the wa�er and shoreline . B . Ou�door advertising signs are to be limited to areas of high intensity industrial and commercial use , axe to b-e s�ationary, non-blinking, and of a size commensura�e with the structure to which they are fixed . C . Ofrf-premises and non-appurtenant signs are pro- hibited on the shoreline . • D . Illum.inat,ed or free-standing signs , or any signs extending above rooflines , are prohibited on the ��..:. . shoreline except, for required navigational aids . _""��"`":: .„4�,'..'�_ 7 . 16 , 02 Design standards A. Sign restrictions are te conform with the standards set forth on the Renton City Sign Code , which is _ hereby incorporated by reference into this Master � Program except as provided in 7 . 16 . 01 . . ` ,�. .. -66- � . 7 . 17 Stream Alteration �� ' 7 . 17 . 01 Definition : Stream alteration is the relocation or change in the flew of a river, stream or creek . A river� stream or creek are surface water runoff flowirig ; in a natural or modified channel . , y�,.- 7 .17 . 02 Prohibited Stream Alteration . A. St.ream alteration is prohibited in unique and fra= % . gi.le areas . , � B. Stream alteration solely for the purpose of enlarg- ing the developable portion of a parcel of land or increasing the economic potential of a parcel of land is prohibited . C . Stream alteration is prohibited if it would be significantly detrimental to adjacent parcelse 7 . 17 . 03 Regulations on Stream Alteration A. All proposed stream alteration shall be designed by a licensed engineer. The design shall be submitted to the Planning Department as part of the application ._ B . The responsibility rests solely with the applicant to demonstrate the necessity of the proposal . . C . The timing and the methods employed will have minimal adverse effects on acquatic life , D. Pollution is minimized, including during construction . ` E , The project must be designed so that the low flow � is maintained and the escapement of fish at low , water is possible , F . No permanent overwater cover or structure shall be allowed unless they are in the gublic interest . -67- � . "�': 1.$ �'r-ai2s �,_��`»`�'� D.efinition : For the purposes of the Shoreline Master Program, trails are a non-motorized trans - ' portation route designec primarily for pedestrians . and bicyclists . �, .z�„ Q2 Permitted uses Trail uses shall be permitted within � , the Shoreline when the following standards are met : A . Provisior, for maintenance operation and security � . have been provided . B . They link water access points along the shore- line or they link water access points along the � shoreline with upland community facilities . > C . They are designed to avoid con£lict with private a property rights and to create the minimum objec- tionable impact on adjacent property owners , D . Just compensation is provided to the owner for property to be acquired by the public . E . They insure the rights and privacy of the adjoin- ing property owners are protected . F . Overwater structures required by the trails are � determined to be in the public interest . G . They are designed with a surface material which � will carry the actual user loads and will have �7 a minimum impact on the environment . _ r . � . -68- 7 . 19 Utilities 7. 19 . 01 Landscapin� A. Native Vegetatibn . 1 . The nativu vegetation shall be maititaa.ned whenever possible . 2 . Idhen utility projects are complete in the water or wetland, ti�e disturbed area shall be restored and landscaped as nearly as possible to the original condition , unless new land- scaping is determined to be more desirable . B . All vege�ation and screening shall be hardy enough � •to withstand the travel of service trucks and similar traffi:� in areas where such activity occurs . C . Site Screening o� Public Utilities When a public utility building, telephone exchange , sewage pump- ing opera�.ion of a public utility is built in the shoreline area, the requirements of this Master Program shall be met and tfi►e follorving screening ' requirements shall be met . If the requixements of section 7 . 19 . O1A Alative Vegetation and the require- ments of this section are in disagreement , the requirements of this section shall take precedence , 1-. If the installation is housed in a building , the building shall conform architecturally with the surrounding buildings and area or with the type of bu,ilding that will develop due to the zoning district . 2 . An unhoused installation on the ground or a housed installation that does not conform with (1) above , shall be sight screened with ever- green trees , shrub� , and landscaping planted in sufficient depth to forman effective and actual sight barrier within five (5) years . 3 . An unhoused installation of a dangerous nature , such as an elecLrical distribution substation shall be enclosed within an eight (8) foot , _ - - -- — 1 ° � . -69- ' '� _ , high op�n r�bre f�nc� . Such inst�allations y � � shaYl be �i�hg scr�en�d �ri�fi �vergreen trees , , shru�s , an� Ia�xd�capira� pl�nt�d in sufficient • depgh to f�x�m an ei��e�2�v� and ac2ual sigh� _ , + ba�rier e�c��pt �t �nY.�asnc� ga�e (s) , wi�hin � five (5) �ears . 7 . 19 . 02 Special Considex�atians fox �ipelines < A. Pipelines %ns�all�gio� �nd operation c�f pipe- lin�s sh�ll p�°ot�c� th� nat��l co�ditions of adjaceaat �da��r co��s�s and �hore�anes . 1 , bdat�r qualiry is a�o� �.o b� degraded to the d�$rimen2 of �s�x°in� laf� nor shall water q:aaligy s�andards b� viol��ed , ° 2 . Idative soi�.s shall be pa�oYec�ed £rom erosion - and natural conditions restor�d ,� Wa.eer course b�n�Cs ar�d bot�om s sh�� be prot�cted, �rhere " nece�saxy, �aith �ui�able §urface treatment . � 3 . Petro-cl�emic�l or toxic material pipelines shal � h�ve autoan�gic��ly conta�olled shutoff , valve a2 each side of the �ate� crossing . 4 . A11 petro�chemical or toxic material pipelines shall be cons�ruc��d� ir� acco�dance with the regulations of t�►e �lashington State Transpor- , . "�a�ion Commission and subj�ct to review by the � City En�3neering Departmente 7 . 19 . 03 �a] or U�ilities -- Specific�tions A. Elec�rical Ins�al�ations � le Overh�ad lii�h Volt��e Po��r Lines , , � . a . Adesv overhead po�rer lines are prohibited in scenic areas , recrea�ional areas , public _ . � roadways and right-o�-wayso Overhead . � ' power lines may be permitted in sensitive � , • �e�lands , c�hen undergrounding is not poss.ible . . . b . S�ructur� og overhead power I�nes shall be � � single pole tyge or o�her esthetically . co�pa2ibie desi�n . � _ � -70- � 2 . Electrical Distribu�ion Substations EZectric- al distributions shall be at a wetland location � I only when there exis�s no feasible site out of the wetland area and when the screening re- quirements of sec�ion 7 . 19 . O1C are met . B . Communications This section applies to telephone exchanges including xadar transmission installa- tions , receiving an�ennas for cable television and/or radio, and any other facilaty for the trans- mission of communication systems . Communication installa�ions may be permitted in the shoreline area only when there exists no feasible site ou� of the shoreline and water area and when the screening re- quirements of sec�ion 7 , 19 . O1C are met . In an aesthetic interest , such installatioris shall be located as far as possible from residential , recrea- tional and commercial activities . C . Pipeline Utili.ties Al1 pipeline utilities shall be underground. When underground projec�s are com- ' pleted on the bank of a water body or in the wet- land of a shoreline , the disturbed area shall be restored to the original configuration . Urider- ground u�ility installations shall be permitted only when the finished installation shall not im- pair the appearance of such axeas . D . Public. Access Al1 utility companies shall be encouraged to provide public access to utility owned shorelines when such areas are not potentiall,y hazardous to the public . Whexe utility rights=of way are located near recreational or public use areas , utility companies shall be encouraged to provide said rights-of-way as parking or other public use areas for the adjacent public use area . E . All-Inclusive Utility Corridor, When it is neces- sary for more than one (1) major utility to go along the same general route , the common use of a � _ _ � =�i= .. . . . . , .;.� singie utility �igh2-of-way. is strongly encourage.d::`r:= .+^��s,..'=';:��', :. . . ' When feasib�e , i� ��o�ald be desir�`�1� to include � railroad lines svAthin t�is $ighg-of-way also: 7. i9 . 04 Lo.cal Service Utili�fes , Specifications � A. Waterlines Sizes and sp�cifications shall be de- termined by the Public t�o�eks Depar�ment in accor- dance �►ith Amexican �la�er Works Associ�tion (AWWA) guidelinese ° B . Sanitary Se�►er The existencc or use Q�' ou�houses or pa�ivies is prohibitedo All uses sha�ll hook to . the munic.ipal se�rer syst��. Th�re slhall be no sep- . �ic tanks or other onsi�e sewag� disposal systems . StoPm drainag�; and pollutan� dxaiatage shall not . . enter the sanistasxy serouer sy�tem. During construc- tion phases , comm�rcial �ani�ary chemical Y.oilets may be alloe��d only until proper plumbing facilities are comple�ed . All s�ni�ary se�►�r pipe sizes and . , matexials shall be approved by �he Ren�on Public Works Depar��nen� �nd I��tro 0 C : Storm Sewers A stvrm sewer drain�ge system shall be required . Pre-txeatment of storm xun-off or ', diversion to sanitary sewers may be required �o keep deleterious substances out of neighboring , water couxses . Storm se�er siz�s and specifi<�ations shall be de2ermined by the Public tNorks Department � in accordance with A. P . V�.A. guideliraes . , D. Dischar�es of Pollutan�s and Petroleum Products " 1 . Discharges of pollutants into water courses and ground water shall be subject to the Department ` of Ecology, Corps of Engineers , and the Environ- mental Protection Agency �or review of permits � for discharge . 2 . Oil Se�arations - these units shall be required at sites that have oil was�e disposal into ' � sanitary or storm sewer. These units shail be . � built to Municipality of Metropolitan Seattle, il -�a- (METRO) or State of Washington Department of ' Public Iiealth specifications . 3 , Petroleum Bulk Stora�e and Distribution Petroleum facilities shall receive special design to reduce their impact on shoreline management areas . Petroleum facilities shall in5ta11 equipment and employ handling tech- niques that will eliminate oil and petroleum pollutantse These facilities must obtain pe.r- , mits and are subject to review by the State De- partment o£ Ecology, the Federal Corps of Engineers and Environmental Protection Agency, the local Puget Sound Air Pollution Control Agency and City of Renton Planning and Engineer- . ing Departments . 7 . 19 . 05 All-Inclusive Utility Tunnels For the distribution of local utilities , utility tunnels under the street right-of-way are recommended to carry all local utility services . For new development , the tunnel could be built at the time of road construction . - The tunnel would include all utility services , both public and private , necessary for use in the public right- of-way , such as wiring for street lighting and water lines for fire hydrants , and all utility services necessary for the private uses of the area . II� _ - - _ __ -73- VARIio► NCES & CONDITIONAL 11 � ES -74- SECTION 8 VARIANCES AND CONDITIONAL USES 8 . 01 Variances and Conditional Use Permits The Renton Plan- ning Commission shall have authority to grant conditional use permits and variances in the administration of the Renton Master Program. The power to grant variances and conditional use permits should be utilized in a manner � which , while protecting the environment , will assure that a person will be able to utilize his property in a faix and equitable manner . It shall be recognized that a lawful use at the time the Mas�er Program is adopted is to be considered a permitted use and maintenance and restoration shall no� requ�re a vaxiance or a conditional use permit . Both variances and conditional use permits are forwarded to the Department of Ecology and the Attorney General ' s Office for approval or denial . 8 . 02 Variances Upon proper application , a substantial devel - opment permit may be granted which is at variance with the cxiteria established in the Renton Master Program where , owing to special conditions pertaining to the specific piece of property, the literal interpretatiori and strict application of the criteria established in the Renfon Master Program would cause undue and unneces- sary hardship or practical difficulties . The fact that the applicant might make a greater profit by using his , property in a manner contrary to the intent of the Master Program is not , by itself, sufficient reason for. a vari- ance . The Planning Commission must find each of the � following : 8 . 02 : 01 Exceptional or extraoxdinary circumstances or condi- tions applyi.ng to the subject property or to the in- tended, use thereof that do not apply generally to other properties on shorelines in the same vicinity. 8 . 02 . 02 The variance permit is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vici.nity. -75- 8.02s03 The variance permit will not be materially de�rimental to the public welfare or in�urious to proper�y on the shorelines in the same vicini�ye 8.02v04 �he �a�iance granted will be in harffiony with the general purpose and intent of this Master Programe 8.02 .05 The public welfare and interest will be pre- served9 if more harm will be done to the area by gxanting the variance than would be done to the applicant by denying it, the variance will be denied, bu� each p-roperty owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent with the Staoreline Management Act of 1971 and the pxovisions of this Master Program. 8.03 Conditional Use Upon proper application, a con- ditional use permit may be granted. The ob�ective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. With provisions to control undesirable effects , the scope of uses can be expanded to include many uses . Uses classi- fied as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit will be granted subject to each of the follow- ing conditionsa 8.03.01 The use must be compatible with other permitted uses within that area. -76- 8.03.02 The use will not i��terfere with the public use of public shorelines . 8 .03s03 Design of the site will be compatible with the surroundings and the City 's Master Program. 8 .03.04 The use shall be in harmony with the general purpose and intent of the City' s Master Program. 8 .04 Time Limit Conditional Permits and Variances shall be deemed to be approved within thirty (30) calendar days from the date of mailing to the Dep�rtffient of Ecology and the Attorney General ' s Office unless written communication is received by the applicant and the� City indicating other- wise. -77- . � DEFIIVITIONS -78- � SECTION 9 DEFINITIONS For the purpose of this Master Program, certain terms and their derivations shall be construed as specified in this section . Words in the singular include the plural, and the plural , the singular . The words "shall" and "will" are mandatory ; the word "may" is permissive . 9 . 01 Act The Shoreline Management Act of 1971 , Chapter 90 . 58 RCW. 9 . 02 Activity A happening associated with a use ; the use of energy toward a specific action or pursuit . Examples of shoreline activities include but are not limited to fish- ing, swimming, boating, dredging, fish spawning, wildlife nesting, or discharging of materials . Not all activities necessarily require a shoreline location . 9 . 03 Aquaculture The culture or farming of aquatic animals an.d plants . 9 . 04 Boat Launching Ramp A facility with an inclined surface extending into the water which allows launching of boats directly into the water from trailers . 9 . 05 Breakwater A protective structure , usually built off- shore for the purpose of protecting the shoreline or harbor areas from wave action . 9 . 06 Building Any structure having a. roof in.tended to be used for the, shelter or enclosure or persons , plants , animals or property. 9 . 07 Bulkhead A wall or embankment used for holding back earth . 9 . 08 Buoy A floating object anchored in a lake , river, etc . to warn . of rocks , shoals , etc , or used for boat moorage . 9 . 09 Circulation Those means of transportation which carry I passengers or goods to , from, over, or along a corridor . 9 . 10 Corridor A strip of land. forming a passageway between two otherwise separate parts . 9 . 11 Development �. A use consisting of the construction of exterior alteration of structures ; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals ; � _ _ -79- bulkheading , driving of piling; placing of obstructions ; or any other project of a permanent or temporary nature which interferes ►aith tr.e normal public use of the surface of the waters overlying lands subject to the act at any s�ate o� water leuel . 9 . 12 Dock A fixed_.or �loating platform extending from the shore over the water. 9 . 13 Dredging The removal of earth from the bottom or banks o£ a body of watere 9 . 14 Economic D�velopment A development which provides a service , produces a good, retails a commodity, or engages � in any other use or activity for the purpose of making financial gain . 9 , 15 �lood Control Any undertaking for the conveyance , con- trol , and dispersal of flood waters . 9 . 16 Floodplain The area subject to a 100-year flood . 9 . I7 Hearin�s Board The shorelines hearings board established by the act . 9 . 18 Landfill Creation or maintenance of beach or creation of dry upland area by the deposit of sand, soil , gravel or other materials in�o shoreline areas . 9 . 19 Licensed En�ineer A professional engineer, licensed to practice in the State of Washington . 9 . 20 Marina A use providing moorages for pleasure craft which also may include boat launching facilities , storage , sales and other related servicesa 9 . 21 Master Program The comprehensive shoreline use plan for the City of Renton , and the use regulations , together with maps , diagrams , charts or other descriptive material and text9 a statement of desired goals and standards developed in accordance with the policies enunciated in Section 2 I, of the act . 9 . 22 Moorage Any device or structure used to secure a vessel for temporary anchorage , but which is not attached to the vessels . Examples of moorage are docks or buoys . -80- 9 . 23 Multiple-Use The combinin'g of compatible uses within one development , of which �he major use or activity is water dependent . All uses or activities other than the major one are directly related and necessary to the major use or activity. 9 . 24 One-hundred Year Flood The maximum flood expected to occur during a one-hundred (100) year period . 9 . 25 Open Space A land area allowing view , use or passage which is almost entirely unobstructed by buildings , paved areas , or othe.r man-made structures . 9 . 26 Pier A general term including docks and similar structures ' consisting of a fixed or floating platform extending from the shore over the water . f 9 . 27 Planned Unit Development Special contractual agreement between the developer and a governmental body governing development of land. � 9 . 28 Public Access A means of physical approach to and along the shoreline available to the general public . This may also include visual approach . 9 . 29 Recreation The refreshment of body and mind through forms of play , amusement or relaxation . The recreational experi- ence may be active , such as boating , fishing, and swimming, or may be passive .such as enjoying the natural beauty of the shoreline or its wildlife . 9 . 30 Residential Uses Developments where persons reside in- cluding but not limited to single-family dwellings , apart- � ments , and condominiums . 9 . 31 Shorelines All of the water areas of the City of Renton , including reservoirs , and their associated wetlands , togeth- er with the lands underlying them, except : A , Shorelines of state-wide significance ; B . Shorelines on segments of streams upstream of a point where the mean annual floia is twenty (20) cubic feet per second or less , and the wetlands associated with such upstream segments ; and C . Shorelines on lakes less than twenty (20) acres in size. and wetlands associated with such small lakes . -81- 9 . 32 Shorelines of State-wide Significance Those shorelines , described in Section 3 of the act . 9 . 33 Shorelines of �he City The total of all "shorelines" and "shorelines of s�a�e-wide significance" within the City of Ren�on . 9 . 34 Struc�ure A combina�ion of materials constructed or erected on the ground or water9 or attached to something having a location on the ground or water. 9 , 35 Subdivision A parcel of land divided into two or more parcels e 9 . 36 Subs�antial Development Any development of which the total cost or fair market value exceeds one thousand (1 , 000) dollars or any development which materially interferes with the normal public use of the shoreline . 9 . 37 Substantial Development Permi� The Shoreline Management substantial development permit provided for in Section 14 of the Shor�eline Management Act of 1971 (RCW 90 . 58 . 140) , 9 . 38 Unique and Fragile Areas Those portions of the shoreline which (1) contain or substan�ially contribute to the main- �enance of endangered or valuable forms of life ; and (2} have unstable or po�entially hazardous topographic , geologic or hydrologic features (such as steep slopes , marshes) . 9e39 Water-Dependent Referring to uses or activities which necessarily require a shoreline location as a major and integral part of tha� use or activity. 9e40 Water-Oriented or Water-Related Referring to uses , activi- ties or facilities which are not necessarily water-dependent , but still incorporate in their design some kind of advan- tageous use of the water, for example walkways or view windows . ' 9 . 41 Wetlands or 1Netland Areas Those lands extending landward for two hundred (200) feet in all directions , as measured ' on a horizontal plane from the mean high-water line and � all marshes , bogs , swamps , floodways , river deltas , and ' floodplains associated with streams , lakes and tidal wa�ers which are subject to the provisions of the act . C I T Y 0 F R E N T 0 N , P L A N N I N G D E P A R T M E N T � I Gordon Y . Ericksen . . . . . . . Planning Director James L . Magstadt . . . . . . . Assistant Planning Director Gary R. Kruger . . . . . . . . . Senior Planner Michael L . Smith . . . . . . . . Associate Planner 3oan A. Lankford . . . . . . . . Assistant Planner Victor R. Feltin . . . . . . . . Planning Technician William C . Turner . . . . . . . Planning Technician Willis Roberts . . . . . . . . . Secretary Maurita Schwartz . . . . . . . . Administrative Clerk Brenda Gray . . . . . . . . . . Clerk Typist * Participating Planning Department Staff Gary R. Kruger, Project Planner Joan A. Lankford Willis Roberts Craig Johnson * Jeanne Nelson * Mary Draper * Alice Deacy * Mary Lynn Kinkade * * Temporary Employees February 1976