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HomeMy WebLinkAboutShoreline Master Program (1976) i I TABLE OF CONTENTS 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 i 50 7 . 06 Dredging 51 7. 07 Industrial Development 54 7 . 08 Landfill 55 7 . 09 Marinas 56 7 . 10 Mining 57 7 . 11 Parking 58 7 . 12 Piers and Docks 59 7 . 13 Recreation 62 7 . 14 Residential Development 63 7 . 15 Roads and Railroads 64 7 . 16 Signs 65 ' I 7 . 17 Stream Alteration 66 7 . 18 Trails 67 7 . 19 Utilities 68 8 VARIANCES AND CONDITIONAL USES 73 9 DEFINITIONS 77 - LIST OF FIGURES (MAPS) 3-1 City of Renton SHORELINE MANAGEMENT ACT 22 of 1971 I I 5- 1 City of Renton ENVIRONMENTS (URBAN) 38 �. I -1- INTRODUCTION 1 -2- 1 SECTION 1. . . INTRODUCTION , 1 .01 •Background I ' For several years there has been growing concern among 1' citizens , local government and state government about the in- creasing pressures affecting the utilization of the shorelines I ' within the -state , In general., shorelines are of limited sup- . , ply and are faced with rapidly increasing demands) for such . : traditional uses as ports , 'fishing, swimming and scenic views , .as well as new demands for recreational subdivisions , private ' housing, commercial and industrial uses . More people , ' higher , incomes , more leisure time , and general business growth have I ' combined to create a heavy use of the shorelines . 1 In the Fall of 1970, the Washington Environmental Council circulated an initiative petition known as the Shorelines I ° I Protection Act, or Initiative 43, and gathered .enough signatures Ito certify it to the legislature meeting in 1971 . Iniative 43 ' ' placed the primary responsibility for the planning and ' imple- . mentation of the ' act with state government . The legislature then had -the choice of accepting Initiative 43, passing a 'sub- ; stitute. measure , •or taking no action whatsoever . They chose ; the second option and enacted engrossed substitute House Bull I #584 , which was called the Shoreline Management Act of 1971 , • and 'it . subsequently became Initiative 43B . Initiative 43B , ' called .for local control- of planning and implementation of the act. . . . . In • Novembe.r of 1972 , both measures were 'placed on the ' ,ballot , and the state ' s voters selected the Shoreline Management Act of 1971 (RCW 90 . 48) . This act is based on the philosophy . ' 1that the shorelines of our state are among our most "valuable" ! and -"fragile" natural resources 'and that unrestricted develop- _ . iment of 'these ;resources is not in. the best public interest . ' ` . ,Therefore , planning and management are necessary in order 'to ' 'prevent the 'harmful effects of uncoordinated and piecemeal ; ;development 'of. our state ' s shorelines . . . . . . 102 Requirements of the Shoreline Management Act Under the Washington State Shoreline Management Act , local governments have the primary responsibility for initiating the planning program and administering the regulatory requirements oV 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 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 in- cludes a survey of natural characteristics ,, pr-esen:t. land uses and patterns of ownership . 3 . Development of a master program to provide an objec- tive guide for regulating 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 tie management of all shorelines . lying within its 'corporate limits . This master program has been prepared to comply with te 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 11 Renton . " Specifically, this master program affects the shore- lines of Lake Washington , Cedar River., 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 this 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- melntioned 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 development which would interfere with the normal public use it • 1 -4- . ; 1 ' of the water or shorelines . As part of that permit system,! . ;. the following are considered general exceptions to• the pert 1mit requirement : 1 I ' 1 . Normal maintenance or repair of existing structures . ' 1 2 . • Construction of the normal protective bulkhead common to single family residences . • 3. 'Emergency - construction necessary to protect property , ' from damage by the elements . 4 .' Constructionn of barns or similar 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 - 1 own use 'or for the use of his family, which residence 1 . does not. exceed a height of thirty-five (35) .feet . 1 . above average grade level . . I 7 . , Construction of a dock designed ,for . pleasure craft_ only, for the non-commercial use of the owner of a single family residence , the cost of which does not • exceed $2 ,500 . 00 .�. . • , However, any development which occurs within the city ' s shire- line , as defined by the act, whether 'it requires a permit or . not , must be consistent with the intent of the state law. I . I' 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 approveior deny permit applications . Liberal provisions for appeal of ' permit decisions .ar'e also provided. I . , • In compliance with the second requirement of the act , 1the . ; Renton Planning Department conducted a .compreh.ensive 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 this master program. The environments ; and specific use regulations reflect the local conditions that . are documented in that inventory. -5- !In com liance with the third re uirement . of the act , the ' P q Cityof 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 des''crip.tion of the goals , objectives , policies , environments , use regulations , and provisions for variances and conditional ' uses ,, that were enacted as part of an overall plan which will ' regul'ate the future utilization and development of the shore lines lying within the corporate limits of the City of Renton : • 1 . 04I' 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 raster program is to be general , comprehensive , and long- ' rang ., 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 , ' theirs 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 •futur4e , look beyond immediate uses , and follow creative objec- • tives rather than a simple projection of current trends and •conditions . The . basic intent of this master program is to provide for , the management of our city' s shorelines by planning for and fos- tering all- reasonable and appropriate uses and to ensure , if development takes place , that 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 , re'cognize and protect private property rights consistent •with that public interest . The goals and policies of this i . -6^ master program are formulated so. as to enhance the .public use'. j y so, long as• that public • use, is' : and en o ment of the shorelines consistent with, and does not impair, private property rights.. • I;t 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 , therefore , been made to present a planned,, rational and concerted effo • rt to increase coordinated , and optimum utilization of the shore- • lines of the City of Renton . i Additionally, this master program has also been formulated so as to provide for uses of our shorelines, in the following order of preference : . j • 1 . Recognize and protect the state-wide interest over; local interest on shorelines of state-wide signifian'ce ; ' 2 . Preserve the natural character of the shorelines ; ; 1 • I 3 . Result in long-term over short-term benefits ; .. • 4 . Protect the resources and ecology of the shorelines ; 5 . Increase public access to publicly owned areas of the shorelines ; 1 �' 6 . .Increase recreational opportunities for the public! in 1 the shorelines ; • 7 . .Provide for any other element deemed appropriater o necessary. 1 • • It should also be .noted that the Department of Ecology{ has. ' ,'desi.g.nated Lake Washington as a "region" for the purpose ,of !shoreline planning , ' and has appointed a Regional Citizens Advi- • js.ory Committee to formulate goals and policies affecting Lake as.hington ' s shorelines . The goals and policies adopted by the egional 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- l utilization and development of our shorelines . Although it is antici' ated that this master program will need to be revised I from time to time as additional shorelines are annexed and become. subject to the provisions of this act , as planned unit develo,liments are established and as additional experience is gained working with this act during its initial implementation period, it is felt that the general goals and policies of this I master program provide the general guidelines under which future) utilization and development might occur . We feel con- . fiden1 that these final guidelines are expressive of the con- cerns ''of the citizens of the City of Renton for the management • of the''ir 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 succeling generations might have it to enjoy. 11 • 1I I i I • ' . 1 - I'i . L, 1 11 III it it 1 ; 'g' PROCEDURES -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 p'ro- 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 Development Permits 2 , 02 . 01 Application Forms and Fees No substantial develop- ! ment shall be undertaken on shorelines of the City , 1 without first obtaining a "substantial development ) permit" from the Planning Department . Application§ 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 _ I 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 , $100 $50 , 000 to $ 100 ,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 circulation j - 10- in the area where said development is proposed; provided, however•, that the Planning Department shall have the. right to require additional publications by the applicant in a newspaper of general circulation in a neighboring jurisdiction if it appears that the proposed project may ' affect the environment of such neighboring jurisdiction . Three (3) copies of the notice shall be posted prominently on the property concerned and in conspicuous public places within three hundred (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 laction 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 Department 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 affidavit 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 . 2 .02 . 04 ' Burden of Proof on Applicant The burden of proving that the proposed substantial development is consistent with ithe criteria which must be met before a permit is granted Ish all be on the applicant . . 2. 02 . 05 Conditional Approval Should the Planning Director find that any application does not substantially comply with 1criteria 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 he deems suitable and reasonable to effect the purpose and ob- jective of this master program. 2 . 02 . 06 Administrative Appeals Where an application is denied or changed, per 2 . 02 . 05 , an applicant may appeal, the decision denying or changing a "substantial development permit" to the Planning Commision. The Planning Com- mission shall have the final authority to interpret this Master Program for the City of Renton. See Section 2 . 10 for appeal procedures to the Shoreline Hearings Board. 2 . 02 „ 07 Notification of City Departments It shall be the duty of the Planning Department to timely furnish copies of . all applications and actions taken by said department unto the Public Works Department and City Clerk, and such other officials or departments whose jurisdiction may extend to all or any part of the proposed develop- ment . 2 . 02 . 08 Bonds The Planning Department may require the applicant to post a bond in favor of the City of Renton to assure full compliance with any terms and conditions imposed 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 . 03 . 01 Exemptions from Permit System The following shall not be considered substantial developments for the purpose of this Master Program : A. Any project 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 of the normal protective bulkhead common to single-family residences . EL Emergency construction necessary to protect pro- perty from damage by the elements . F : Construction of a barn or similar agricultural structure on wetlands . G . Construction or modification of navigational aids such as channel markers and anchor buoys . H., Construction on wetlands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which I residence does not exceed a height of thirty-five ,I feet above average grade level and which meets all , requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. - I :i Construction of a dock designed for pleasure craft I only, for the non-commercial use of the owner of a single-family residence , the cost of which does not exceed $2 , 500 .. (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 plat 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 to the plat , or substantial development in- cident to platting or required by the plat , 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 development does not involve construction of buildings , or involves construction on wet- lands of buildings to serve only as community, -13- social , or recreational facilities for the use of owners of platted lots and the buildings do not exceed a height of thirty-five (35) feet above average grade level ; and (5). The development is completed by June 1 , 1973 . 2 . 03 . 02 Exemption 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 application for 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 . F , Evidence presented at a public hearing , should the Planning Department decide that it would be in the public, interest to hold a public hearing . The Planning Department shall have 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 forms prescribed. Unless an adequate environmental statement has previously been prepared for the proposed development by another- agency, the Planning Department shall cause to be prepared such a statement , prior to granting a permit, when the State Environmental Policy Act of 1971 would require such a statement . -14'- . 1, 2 , 04 , 0;3 Administr' tiwe. Standards' In addition `to. the criteria" H hex.einabove set forth in this ' section,• the Planning. Department may from—time -to time''promulgate additional procedures or criteria and such shall become effective, L, when reduced to writing, and filed With the, City Clerk ' and .as • approved by the City Council and the Department • I 1 of Ecology.c , , 2 . 05 !', pplication to the Permit System to Development Undertaken • (Prior to June 1 , 1971 2 . 05 . 01 Permit Required Substantial development undertaken on the shorelines of the City, prior 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 unreasonableperiod of I . dormancy in , the project between its inception and June 1 , 1971 ; • C . Where the development . is not 'completed prior to '- June 1 , 1973 ; . . i D . Where development occurred prior to June 1 , 1971 , , on a shoreline and continued on to a different H lake , river or tributary after June 1 , 1971 , a permit shall be required for the substantial devel- opment undertaken after June 1 , 1971 .. 2 . 05 , 0',2 Phasing Substantial development undertaken prior to ' June 1 , 1971 , shall not continue without a permit until ' other phases that were not an integral part ,of the • • L development being followed at the time construction I'; commenced. ' 2 . 06 Time Requirements for Substantial Development Permits 2 . 06 . 011 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 ' 'I terminate . ' If such progress' has not been made , a new permit shall be necessary. - 15- • 2 . 06 . 02 Construction Completion .A permit authorizing constru•c•- tion shall extend for a term of no more than five .1(5). years ; provided however that a project for which a permit has been granted has not been completed within , ,I , - five ,(5) years after the approval of the, permit , the . Planning. Department shall , upon such expiration, review the permit and upon a showing of good causejmay ' extend the permit for a period up to one (1) year, otherwise said permit shall terminate ; provided, however, that ,no permit shall be extended unless the applicant has requested such review and extension prior to the expiration date of said permit . 1 , . 06 . 03 , Review Period No construction pursuant to such' permit shall begin or be authorized and no building, g.ra,ding or other construction permits or use permits shall ; be issued by the City until forty-five (45) days from the date of final approval and grant of. the permit , or until all review proceedins are terminated is ,suchjwere . initiated within forty-five (45) days of the date of final approval by the , Planning Department . . 2 . 06 . 04 .Transferability of Permit If a parcel which has a valid substantial development permit is . sold to another person or firm, such, permit, may be transferred -Co the new owner . upon proper application to the Planning Department : The PlanningDepartment maytransfer said P permit provided there will be no change in the proposed development . . 07 ,Rulings to State Any ruling on an application forla - ' substantial development permit under authority of this Master Program, whether it be an approval or denial , shall concurrently with the transmittal of the ruling to the applicant , . be filed with the Department of Ecology and . the' Attorney General by the Planning Department . . • 2 . 08 Enforcement All provisions of this 'Mas.ter Program ' shall be enforce by the Public Works Department . .For such purposes the Public Works Director or his duly authorized representative shall have the power of a .police officer . 1 2 . 09 Rescission of Permits 2 . 09 . 01 Non-compliance with �'Permit Any substantial development permit issued by the City under the terms of this ' • -16- Master Program may be rescinded or suspended by the III Public Works Department of the City' upon a finding that a permittee has not complied with conditions of the per- mit . If the holder of the permit chooses , he shall be entitled to a hearing before the Planning Commission, 2 . 09. 02 Notice of Non-Compliance Such rescission and/or modi- fication of an issued permit shall be initiated by serv- ing written notice of non-compliance on the permittee which notice shall be sent by registered or certified mail , return receipt requested, to the address listed on the application, or to such other address as the appli- 11 cant or permittee may have advised the City; or such notice may be served on the applicant or permittee in person or his agent in the g same manner as service of summons as provided by law. 2 . 09 . 03 Posting In addition to such notice , the Public Works Department shall cause to have notice posted in three (3) public places of which one (1) posting shall be at or within the area described in the permit . 2 . 09 . 041' Public Hearing Before any such permit can be rescind- ' ed or modified, a public hearing may be held at the permittee ' s written request by the- Planning Commission . Such written request must be made by said permittee not later than 14 calendar days following service of notice upon permittee . 2 . 09 . 0.5„ Final Decision The decision of the Planning Commission shall be the final decision of the City on all applica- tions . A written decision shall be transmitted to the Department of Ecology, the Attorney General ' s office , the applicant , and such other departments or boards of the City as are affected thereby and the legislative body of the City. 2 . 10 Appeals Any person aggrieved by the granting or denying of a substantial development permit on shorelines of the City, o9 by the rescinding of a permit pursuant to the provisions of this Master Program, may seek review from the Shorelines -17- . ' ' Hearing Board by filing a request for the same within ) • thirty (30) days of receipt of the final order,. and by - j concurrently filing copies of his request with the 1 1 , ogy Department of Ecol and the Attorney General ° s o££i .e ; • 1 as provided in Section 18 (1) of the Shorelines ManagemOir • 1 , ; Act of 1971 . A copy of any such appeal notice shall lik.e� wise be filed with the Planning Department and the City Clerk of the City of Renton . 2 . Ll Penalties ' . 1.11 . 01 Prosecution Every person violating any of the provi'sioris • ' of this Master Program or the Shoreline , Management :Act I e 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 1 . both such fine and imprisonment., and each days ' ' ! 1 1 violation shall constitute a separate punishable, 1 ! offense . • , . 111 . 02 Injunction The City Attorney may bring such injunctive , declaratory .or other actions , as are necessary to insure that no uses are made of the shorelines within theCity in conflict with the provisions and programs of this I Master Program or the Shoreline Management , Act of 1971 , and to otherwise enforce provisions of this Ordinance 1 and the Shoreline Management Act ' of 1971 . 1I 2 . 11 . 03 , Public and Private Redress Any person subject to the 1 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 . 1 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 underlthis . 1 ! ; 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 aljl I . 1 persons similarly situated. If liability has been) ' established for the cost of restoring an area affeicted. 1 i 1 1 -18- ' by violation, the Court shall make provision to assure thaJt restoration will be accomplished within a reason- able time at the expense of the violator . In addition to such relief, including monetary damages , the Court in its discretion may award attorney ' s fees and costs of the suit to the prevailing party . 2. .2 Amendments The City initially shall review this Master Program within three (3) years from its effective date and thereafter as necessary. Any amendments to this Master Program shall be reviewed first by the Planning Commission, which shall conduct at least one (1) public hearing on the proposed amendment . The Planning Commission shall make a recommendation to the City Council , which shall hold at least one (1) public hearing before making a determination . Any proposed amendment shall be submitted to the Department of Ecology for approval in accordance with Section 19 of the Shoreline Management Act of 1971 . 1 - 19- SHORELINES OF THE CITY -20- SECTION 3 SHORELINES OF THE CITY i', 3 . 01 Approximately 18 miles of shoreline in the City of Renton are under the jurisdiction of the Shoreline Management Act of 1971 . By state standards , the Green River and Lake Washington are classified as Shorelines` of State-Wide Significance and comprise approximately 5. 8 miles of the shorelines of ,the City of Renton. In addition, the shorelines of the Cedar River, Black River, Springbrook Creek, and May Creek are shorelines within the City. Each of these 18 miles of shoreline in the City of Renton are considered an extremely valuable resource not, only to the City of Renton but also to the _ Seattle Metropolitan Area of which Renton is an integral part . 1 3 .02 Each shoreline has its own unique qualities which make it valuable and preference is , therefore, given to the following uses in descending order of priority (as es- tablished by Chapter 90 . 5 . 020 RCW) : _ 1 . Recognize and protect the state-wide interest over local interest for 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 shore- , lines; 5 . Increase public access to publicly owned areas of the shorelines ; and 6 . Increase recreational opportunities for the public in the, shoreline. 3 .;03 In the City of Renton, the following bodies of water , are regulated by the Act : it 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 Ili -21- southeast quarter of Section 32-24N-5E WM down- stream in a northeasterly direction toits mouth at Lake Washington, 5 . Springbrook Creek north from S .W. Grady Way to the Black River, 6 . Black River . i ;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 .fl - I If ' II 6 , . • -22- /j, '• . . � ; FIGURE 3-1 I .r . I I ' r • • C.I TY OF RENTON ;It - i.rrI - - -- • — .. - a I. 1 _. 1 4'....: -_ilkk ' . . H! A C.T O F 19 71 --",:;'-(sill I 1 • . i : ; _ __. _— .- . . ti ■ MAY • .} . v. !Ill IMM ik.k ti • , i .. ,, , F \ WASH!NGTON] 1 , ` III4i • Ir ..‘ , ! 0111 i ..111112mul, ,A' .- : ,.. \', . ArEllt 11111101mi 11,!1191111 , ., ' ....t a 'Iliii%11.11611R4 ; =NEVA t r t,% =EN Illirm i . \ , pkir ) in, iii. t.B°E,- 1 H.., .1 As,tai /�� ��w r �� CEDAR RIVER a � ' <m ' 111 1 ' . I -1\\\171,60 .o , III % It ■ Ito " \ ' : . BLACK i,!�1.� lu1�,..:�.� RIVER ,11��J® E1 te�Ii!. _ Vi T_ . -- . ..........- IOK -I \ NE i ( CREEK :�� i . c ��: • • 1\ ►`, ten!"..•iiili. I � \VI � � ' .4i1E.,...,L , pig , ., .t- dit...iff4 1 --...,... ,_,, ri' 1' o t � - - � ` --' 5171' irimi ...:, ., , . i.,- - 1i1 l' I 1 0 ,1 1 , 11 i 1 A- ,..i t ilio4 \NI . 1 . \ ' _,I Y GREEN , ; F . ��� RIVER y \ _ _ • z. .:, tJ I! : \ , 1i , . ! LAKE }\ I : 1 k I ' , !' I • I. -1/": ' i 1 -2n- 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 for. (1) Short-term economic gain or convenience in development should be evaluated in relation- shiP potentiallong-term lon -term effects on the shoreline . 'I I (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 shorelinies 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 of 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 . -26 II B . Those shoreline uses or activities which are not water related should be encouraged to relocate away from the shoreline . 11 C . All shoreline developments shall be designed and constructed to protect the rights and privacy of adjacent property owners. 4 . 02 Conservation Element 4 , 02 . 01 :1' Goal : The resou3c.es and amenities of all shorelines 111 L situated in the City of Renton are to be protected L and preserved for use and enjoyment by present and 1 future generations . 4 . 02 , 02,16 Policies : A. Existing natural resources should be conserved. (1) Water qualityand water flow should be main- tained at a level to permit recreational use , provide a suitable habitat for desirable forms of aquatic life and to satisfy other required human needs . (2) Aquatic habitats and spawning ,grounds should be protected , improved and, if feasible , in- creased . (3) Wildlife habitats should be protected, im- proved and, if feasible , increased . �I 4 Unique natural areas should be designated and ( ) q maintained as open space for passive forms of recreation . Access and use should be restric- ted if necessary for the conservation of these areas .. B . Existing and future activities on all shorelines within the City of Renton should be designed to minimize adverse effects on the environment . II C . The City of •Renton should take aggressive action I, with responsible governmental agencies to assure that the discharges from all drainage basins are considered an integral part of .shoreline planning . l 4 (1) Soil erosion and `sedimentation which adversely affect any shorelititin within the City of Renton • should be prevented or controlled whenever possible . 4t� (2) The contamination of exis't'ing watercourses should be discouraged. D . Shoreline areas having historical , cultural , ,educa- tional or scientific value should be identified and protected. (1) Public and private cooperation should be en- coura ed in site g preservation 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 or permanently impair- ing water quality , water flow or unique and fragile areas may be permitted . F . All further development of the shorelines of May 1 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 per- mit 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 • natural state as much as possible . 4 .;03 Economic Element 14 .!03. 01 Goal : Existing economic uses and activities on the shorelines are to be recognized and economic uses or activities that are water related are to be encouraged . 4 .103. 0.2 Policies : A. Economic, uses and activities which are not water related should be discouraged. In those instances where such uses or activities are permitted I • !II -28- reasonable public access to and along the water ' s i edge should be provided. 'f 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-related 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 Ii reasonable dimensions . 1 I, (3) Shoreline developments should be designed to enhance the scenic view . C . Multiple use of economic developments on the shore- ! should be encouraged to provide public recrea- tional opportunities wherever feasible . D . Shoreline facilities for the moorage 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 . .I E . The expansion of log raft storage on Lake Washington should be discouraged . li F . Containment and clean-up of pollutants shall .be re- quired of all economic activities on the shorelines . 4 . 04 'ublic Access Element 4 . 04 . 0' 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 ;II 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 public 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- quent locations . L . Preservation or improvement of the natural amenities shall be a basic consideration in the design of I i 11 -30- shoreline areas, to which public access is pro- vided, including the trail system. 4 .D5 Recreation Element 4 . 05 . 01 Goal : Water-related recreational activities avail- ble to the public .are to be encouraged . 4 . 05 . 02 Policies : Water-related recreational activities should be encouraged , (1) Accessibility to the water ' s edge should be improved . (2) Shoreline park areas should be increased in size and number. i II (3) Areas for recreation of special interest p 1 should be developed . ',' (4) Both .passive and active recreational areas shall be provided . Ir B. Recreational fishing should be supported, main- tained and increased . Cl. The public should be encouraged to buy shoreland as it becomes available for sale based upon an established plan declaring public intent . D . Local jurisdictions should join in a cooperative effort to expand recreational opportunities through programs of acquisition, development and mainten- ance of waterfront areas . E . Subject to state and federal regulations , the water ' s depth may be changed to foster recreational II aspects . 4 .06 Circ;i lation Element 4 . 06 . 01 Goal : Minimize future motor vehicular traffic and en- clourage 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 pathways., 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 !i should be ; included. in new 'or expanded' bridges . or scenic boulevards within the shorelines : (3) Separate p'edestrian'' and' bicycle pathways should be included in publicly financed; trans- ;' portation systems or rights-of-way, consistent with 'public interest 'and . safety. .. D . 'Commercial boating operations , other than.. marinas , � I 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 , cons'istent with private property -rights .. ' 4 07 02 Policies A . Residential' 'use's over water 'shall not be permitted. B. Residential development should' be .discouraged in unique and fragile areas . C : New residential developments 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. ) should 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 . it -32- New residential developments should optimize utilization of open space areas . All further development of the shorelines of fl 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 1th permit and provide for the continuation of the existing natural character of the shoreline . 11 (2) The existing waterway of May Creek east of FAI 405 should be left in an undeveloped state as much as possible . Ili iI id -3 3- ENVIRONMENTS -34- SECTION 5 ENVIRONMENTS 5 . 01i 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 conservancy 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 . ' I (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 agricultural uses -35- such as pasture or range lands , and passive outdoor recreation. 5 . 02 . 02 Use, Regulations in the Conservancy Environment A.. Commercial Uses Commercial uses shall be limited to , home occupations , which shall be contained wholly within the dwelling unit . B._; Fish and Game Reserve and Breeding Operations Any such II activity shall be allowed only by the Planning Commission . C . Industrial Uses All industrial activities are prohibited in a conservancy environment . D . Recreation. Uses In the conservancy environment recreation uses shall be limited to passive recreation. (1) Permitted Uses (a) Public hiking and bicycle trails . (b) Quiet public fishing . (c) Public wading and swimming spots . (d) Public areas for nature study. (e) Public picnic areas . Uses Allo wed byPlanningCommission (2) (a) Public overnight camping areas . (b) Eating/drinking establishments . E . Residential Uses (1) Permitted 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 shortest feasible route . 5 . 02 . 03 Jurisdiction That portion of May Creek east of FAI-405 ana that portion of the south bank of the Cedar River 2 , 500 fet east' of FAI-405 shall be designated conservancy -36- (see figure 5--1) . 5003 Urban Environment 5 . 03i. 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-intensity 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-Dependent 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 nonmotorized transportation routes , such as bicycle and hiking paths . -37- 5 . 03. 02 Use Regulations in the Urban Environment All uses shall beiallowedas indicated by Section 7 of the Master Program. 5 . 03 . 03 Jurisdiction All shorelines of the City not designated asconservancy are designated as urban (see figure 5-1) . ji it III .I -.. - . . ..1 • • '..38- I I ‘ 11 4 1 1 . i Figure 5-1 i . :i ... kl... CITY OF RENTON - r ITT- - ' E N V 6 'e• -0) ;7.- i.i. E Rkl T S . 44,4 ,I • -:'Yitii'l--f 1, .. \ .ur. I:,4..l;l,,,i,:1%,•,„.*14 1,!--,. . r i--(,1l-,\.--*P!, '- -,•: 1..,,- L _ _ _ ee CREEK hAY ijilli ; i (!1Lipj ii. , !! 4... [ i,,i1.:• ., 1l.a.5.',-.-.(i)p/•e A4 t1444 1 4sikii tr‘=Nii n"Al„ike; ,LAKE p4 WASHING TON ,'''•,_ liImIl linpgMX..._ Mni...M717EIP!. --.1.. • 1 \\ . 1 7..,, rilfdeoletindeji 'Immtriarq impi ,. .. , Ai0•..a,,AHA1m)4n1 pd111sl eN1lisloinr1Ei:•i CEDAR._..R...,Iimrl_a ipR n ... Ii_inII- 1.I i. lk... •.., ---\\., ! BLACK ' firripf/101111111 iilliih_ - -4446: I... . 1 ' W. 1 ' . P - . , •f 400 • --i : -1±--16- --,. .----,; '' .'' - SPR I NGBROOK '"-- • ...7--------1 .,,,' . 6::,:-.., -7-1 _____ 1 i Li_ s((• ) :, ..\ \-- i CREEK . '. I ' " ' --- - , .- i 1 _141 ,1 -.., iii--- inkl -di- .,. ' maul\ .., „II:: -- iii I ilk fr-14-4 -.L. 1 ' lt. -----ti IIN , 1,-- g • -1 1). am . \.., t e , rWar , ...:,."1", 117. ,14,1V- ! I \'.• 'AM 11- - - I' EN 1 9...m. b% I i ( . • .A, . 1 ---- ' ' 111 ill A ill I .\• .. 1 . 1101111-----77, -----1 . , • i . , r I_ ' - • pi go .. .. 1 • ti f / ,;7/ ' . . •• : •,:. . _ / .. ;:fi.1 GREEN . . i : / , .'',.../ RIVER r- . . ‘ • i ,; • ) __.. ______ ._ . . 11 • __.--- ---- 1 / 1 I . . , : .. •: .. LAKE I [ f youeaGs ,!." t \ —I . • 1l 1 .,, _. - i. /I_ 11111111111 --;- 1 1 %. i / 1 --11___I (j . I , \n- :.. i 1. -39- GENERAL USE REGULATIONS -40- SECTION 6 GENERAL USE REGULATIONS 6 . 01 Applicability: This section shall apply to all Shore- line uses whenever applicable . Items included here will,. not necessarily be repeated in Section 7 , Specific Use Regulations , and shall be used in the evaluation of all permits . 6 . 02 Environmental 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 , spawning 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 Erosion : Erosion is to be controlled through the use of vegetation rather than structural means where feasible . 6 . 02 . 04 Geology : Important geological factors - such as possible slide areas - on a site must be considered . Whatever activityis planned under the application for the devel- opment PP . 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. Design theme : architectural styles , exterior designs , landscaping patterns and other aspects of the overall design of a site shall be a uni- form or coordinated design , planned for the pur- I pose of visual enhancement as well as for serving a useful 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 jl 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 so that trails , bike paths , and/or other means of public use may be developed providing greater shoreline utilization . 6 . 04 . 02 1ny trail system shall be designed to avoid conflict with private residential property rights . 6 . 04 . 03 No property shall be acquired for public use without just compensation to the owner. 6 . 05 Facility Arrangement - Shoreline Orientation 6 . 05 . 01 Where feasible , shoreline developments shall minimize and cluster the water-dependent portion of their -42- developments along the shoreline and place inland ail,. j facilities which do not require a water ' s edge, locatianb 6 . 07 Landscaping 6 . 07 . 01 General The natural and proposed landscaping should be representative of the indigenous character of the specific types of waterway (stream, lake edge , marshland) and shall be compatible with the Northwest image . The scenic, aesthetic , and ecological qualities of natural and developed shorelines should be recognized and preserved as valuable resources . 6 . 08 Unique and Fragile Areas Unique features and wildlife habitats should be preserved and incorporated into the site . Fragile areas shall be protected from development and encroachment . • -43- SPECIFIC USE REGULATIONS -44- SECTION 7 SPECTFIC05'E, .REOUTATI`ONS:. 7,. 01 Airport - Seaplane Bases 7 . 01 . 01 Location : A. Airports A new 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 twenty (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 edges 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 seaplanes are permitted. 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 a.te ' in. accord with city ordinances . • B . The landscaping shall be compatible with the ; activities and characteristics of aircraft iA 'bat it -45- should be wind resistent , low profile and able to survive under adverse conditions . 7. 01 . 04'I Services Services of aircraft shall conform to FAA standards which includes fuel , oil spill , clean-up, it safety and fire fighting equipment , and vehicle and pedestrian separation. III' V III II IIII� 'III III III IL . -46- 7 . 02 Aquaculture 7 . 02 . 01 Location ,A, Aquaculture operations may be located on streams and rivers . 7 . 02 . 02 Time Facilities shall be allowed on a temporary basis only., 7 . 02 . 03 Design and Construction A. 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 . •Y -47- 7. 03 Boat-Launching Ramps • 7. 03. 0.1 Site Appropriateness 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 topographical obstacles to construction or operation 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 allow for ease of access to the water with minimal impact on the shoreline and water surface . 7 . 03 . 031 Surface and Construction 'iA. Surface Materials : The surface of the ramp may be concrete , precast concrete , or other hard permanent isubstance . 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 . I'� -48- 7 . 04 Bulkheads 7. 04. 01 General : All bulkheads are subject to the regulations set forth in this master program, except that bulk- heads common to a single-family residence are exempted from the permit system set forth in this Master Program. 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 approved 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 for the permit to propose a specific type 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 minimize 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 bulkheading 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- lvide resting sites for rat populations . J I I -50- 7. 05 Commercial Developments 17 . 05 . 01 Location of developments 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 general. 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 n'o 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 Di edging 7. 06 . 01 Definition The removal of earth or sediment from the bottom or banks of a body of water. 7 .'06 . 02 Permitted Dredging Dredging 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 problems 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, private 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 polluted. (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 i I 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 fife 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- ing conditions that may: (a) create a nuisance to the public or nearby activity; 1 -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 . 1j (2) In no instance shall dredged material be deposited in a lake or stream. If (3) In no instance shall dredged material be stockpiled in a wetland area . (4). If the dredged material is contaminant or pollutant in nature, the applicant shall pro- pose and carry out a method of disposal that does not contaminate or pollute water, air or ground. II II I , -54- 7 . 07 Industrial Development 7 . 07. 01 Industrial developments are to be permitted only when : A. They are water related 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 and 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 . i I i - I �I -55- 7 . 08 Landfill 7 . 08 . 01 Landfills shall be permitted only in the following 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 landfill 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 . • . 4 - I { -56- 7. 09 Marinas 7 . 09 . 01 Definition : The term "marina" shall be a use pro.- { viding moorages for pleasure craft which also may include boat-launching facilities , storage ,, sales and other related services , 7 .09 , 02 Marinas shall be permitted 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. C . The location of the moorage facilities is conve- nient to public roads . 7 . 09 . 03 Design requirements A. Marinas are to be designed in the manner that will minimize adverseeffects 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 . I , C . Applications for permits for marina construction are to be avaluated for compliance with standards promulgated by Federal , State 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- 7. 10 Mining 7.10. 01 All mining, including surface mining, shall be pro- hibited. 7. 10 , 02 Surface mining shall mean all or any part of the process involved in extraction of minerals by re- moving the overburden and mining directly from the mineral deposits thereby exposed, including open pit mining of minerals naturally exposed at the surface of the earth , mining by the auger method, and production of surface mining refuse . The sur- face mining shall not include reasonable excavation or grading conducted for farming, onsite road construction , or onsite building construction . -58 7; 11 Parking 7. 11 . 01 Public Parking 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 Parking A. Where possible , private parking facilities are to be located away from the water' s edge . i I i I -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 encouraged 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 . (5) Water-dependent commercial and industrial uses . B. The responsibility rests upon the applicant to 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- fling 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, apartments , 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 allowed: (1) Unless otherwise determined or directed by any State agency having jurisdiction there- over, the dock may extend into the water 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. . _ --., . - i . *,4. ' . • . , , . , . - - ' • -62- 7. 3 Recreation , . ; . 7. 3 . 01 Definition : The refreshment of body and mind through ' , . , forms ' of play, amusement or relaxation. The recrelaion- al -experience may be active, such as boating, fishing, -. , and 'swimming, or may be passive such as enjoying the • . nitural beauty of the shoreline or its wildlife . . 1 1 7 . 13 . 02 Public Recreation Public recreation uses shall be permitted within the shoreline only when the following i criteria are considered :. 1 fi ! . A. Accessibility to the waters edge is provided;1 and B. Recreational development shall be of such variety as to satisfy the diversity of demands of the local- , 1 . community; and . C . Just compensation is provided to the owner for property acquired for the public use ; and i . D . It is designed to avoid conflicts with private pro- . perty rights and create minimum detrimental impact on the adjoining property; and 1 ' 1 1 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 . 1 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 ' ( 1 . 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 1 . , 1 E . Adequate, screened and landscaped parking facilities - that are separated from pedestrian paths are pro- vided. . . . 1 . 1 . 1 . , • i . , .. . , • -63- 7. 14 Residential Development 7. 14 . 11 Residential developments shall be allowed only when : A. Adequate public utilities are available.; and B. Residential structures are set back inland from the water' s edge a minimum of 20 feet ; and C . Density shall not increase beyond the zoning density outlined in the Renton Urban Area Coin- . prehensive Plan . • 7 . 14 . 02 No floating residences are to be allowed. -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 induls- trial areas , in order that shoreland roads may be reserved for slow-moving, recreational traffic . 7. 15 . 02 Design requirements A. Where possible, shoreline roadways are to be', scenic boulevards and are to be restricted 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 wafer. 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 order that minimum alteration of existing natural conditions will be necessary. i I i I I i I 1 i I � I 1 f i . -65- 7. 16 Signs 7 . 16.. 01 Design requirements 5 A . Visual access to water and shoreline from vistas and viewpoints is not to be impaired by the placement of signs . Where feasible , signs are to be constructed against existing buildings or structures to minimize visual obstruction of the • water and shoreline . B . Outdoor advertising signs are to be limited to areas of high intensity industrial and commercial use , are to be stationary, non-blinking, and of a size commensurate with the structure to which they are fixed . C . Off-premises and non-appurtenant signs are pro- hibited on the shoreline , D . Illuminated or free-standing signs , or any signs extending above rqoflines , are prohibited on the tfrrgq ; shoreline except for required navigational aids . 7 . 16 . 02 Design standards A. Sign restrictions are to conform wi-th the standards se.t forth on the Renton City Sign Code , which is hereby incorporated by reference into this Master Program except as provided in 7 . 16 . 01 . Ip ._ -66- . 17 Stream Alteration 7 . 17 . 01 Definition : Stream alteration is the relocation or change in the flow of a river, stream or creek . A river, stream or creek are surface water runoff flowing, in a natural or modified channel . . 7 .17 . 02 Prohibited Stream Alteration A. Stream alteration is prohibited in unique and fra= :' gile 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 parcels . 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 public interest ): � I -67- `:. ails 7A184311 Definition : For the purposes of the Shoreline Master Program, trails are a non-motorized trans- portation route designed primarily for pedestrians and bicyclists . 7, 1S, 02 Permitted uses Trail uses shall be permitted within the Shoreline when the following standards are met : A. Provisions 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 conflict with private 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 bythe, 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 4 a minimum impact on the environment . i r 7., 19 Utilities . 7. 19 . 01 Landscaping A. Native Vegetation 1 . The native vegetation shall be maintained whenever possible . 2 . When utility projects are complete in the water or wetland, the disturbed area shall be restored and landscaped as nearly as possible to the original condition , unless new land scaping is determine& to be more desirable - B . All vegetation and screening shall be hardy enough to withstand the travel of service trucks and similar traffic in areas where such activity oc!curso C . Site Screening of Public Utilities When a public utility building, telephone exchange , sewage pump- ing operation of a public utility is built in the shoreline area, the requirements of this Master, Program shall be met and the following screening requirements shall be met . If the requirements of section 7 . 19 . O1A Native Vegetation and the require- , ments of this section are in disagreement , the requirements of this section shall take precedelnce . 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 building 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 , shrubs, 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 electrical distribution substation shall be enclosed within an eight (8) foot , -69- high open wire fence . Such installations shall be sight screened with evergreen trees , shrubs , and landscaping planted in sufficient depth to form an effective and actual ' sight barrier except at entrance gate (s) , within . five (5) years . 7 ..19 . 02 Special Considerations for Pi_pelines • A. Pipelines Installation and operation of pipe- lines shall protect the natural conditions of adjacent water courses and shorelines . 1 . Water quality is not to be degraded to the detriment of marine life nor shall water quality standards be violated , 2 . Native soils shall be protected from erosion and natural conditions restored .' Water course banks and bottoms shall be protected, where necessary, with suitable surface treatment . 3 . Petro-chemical or toxic material pipelines shall have automatically controlled shutoff valve at each side of the water crossing . 4 . All petro-chemical or toxic material pipelines shall be constructed in accordance with the regulations of the Washington State Transpor- "cation Commission and subject to review by the City Engineering Department . Major Utilities -- Specifications 7 . 19 . 03 A. Electrical Installations 1 , Overhead High Voltage Power Lines a . New overhead power lines are prohibited in scenic areas , recreational areas , public • roadways and right-of-ways . Overhead power lines may be' permitted in sensitive • • - wetlands , when undergrounding is not possible . • • b . Structure of overhead power lines shall be single pole type or other esthetically compatible design . -70- 2 . Electrical Distribution Substations Electric- al distributions shall be at a wetland location only when there exists no feasible site out of the wetland area and when the screening re- quirements of section 7 . 19 . O1C are met . B . Communications This section applies to telephone exchanges including radar transmission installa- tions , receiving antennas for cable television and/or radio, and any other facility for the trans- . mission of communication systems . Communication installations may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and water area and when the screening re- quirements of section 7 . 19 . O1C are met . In an aesthetic interest, such installations shall be located as far as possible from residential , recrea- tional and commercial activities . I ' C . Pipeline Utilities All pipeline utilities shall be underground. When underground projects 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 . Under- ground utility installations shall be permitted only when the finished installation shall not im- pair the appearance of such areas . i I D . Public Access All utility companies shall be encouraged to provide public access to utility owned shorelines when such areas are not potentially hazardous to the public . Where 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 _71- single utility right-of-way is strongly encouraged `e°'; '> "'j' '" When feasible , it would be desirable to include railroad lines within this right-of-way also . 7. 19 .04 pLocal Service Utilities , Specifications A. Waterlines Sizes and specifications shall be de- termined by the Public Works Department in accor- • dance with American Water Works Association (AWWA) guidelines , B . Sanitaryof Sewer The existence or use outhouses or privies is prohibited. All uses shall hook to the municipal sewer system. There shall be no sep tic tanks or other onsite sewage disposal systems . Storm drainage and pollutant dr::inage shall not enter the sanitary sewer system. During construc- tion phases , commercial sanitary chemical toilets may be allowed . only • until proper plumbing facilities, are completed . All sanitary sewer pipe sizes and . materials shall be approved by the Renton Public Works Department and Metro . • C . Storm Sewers A storm sewer drainage system shall � . be required. Pre-treatment of storm run-off or diversion to sanitary sewers may be required to • keep deleterious substances out of neighboring water courses.. Storm sewer sizes and .specifi<:ations' shall be determined by the Public Works Department • in accordance with A. P . W,A. guidelines . D. Discharges of Pollutants 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 for review of permits - for discharge . 2 . Oil Separations - these units shall be required at sites that have oil waste disposal into sanitary or storm sewer . These units shall be built to Municipality of Metropolitan Seattle • 72- (METRO) or. State of Washiiigto'n Dep'artnient of Public Health specifications : 3 . Petroleum Bulk Stora1e and Distribution Petroleum facilities shall receive special design to reduce their impact on shoreline management areas. Petroleum facilities shall install equipment and employ handling tech- niques that will eliminate oil and petroleum pollutants . These facilities must obtain per- , wits and are subject to review by the State 'De- partment of 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 forouse in the public right- of-way , such Rs wiring for street lighting and water lines for fire hydrants , and all utility services necessary for the private uses of the area . 1 I ' I ; 4 -7 3- VARIANCES & CONDITIONAL USES -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 fair and equitable manner . It shall be recognized that a lawful use at the time the Master Program is adopted is to be considered a permitted use and maintenance and restoration shall not require a variance 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 criteria established in the Renton Master Program where , owing to special conditions pertaining to the specific piece of property, the literal interpretation and strict application of the criteria established in the Renton 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 vari- ance . The Planning Commission must find each of the following : 8.. 02 . 01 ` Exceptional or extraordinary circumstances or condi- tions applying 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 vicinity. -75- 8.02 .03 The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. 8.02 .04 The variance granted will be in harmony with the general purpose and intent of this Master Program. 8.02 .05 The public welfare and interest will be pre- served; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property 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 Shoreline Management Act of 1971 and the provisions of this Master Program, 8.03 Conditional Use Upon proper application, a con- ditionaliuse permit may be granted. The objective 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 conditions : 8.03.01 The use must be compatible with other permitted uses within that area. -76- 8 .03.02 The use will not interfere with the public use of public shorelines . 8 .03.03 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 Department of Ecology and the Attorney General ' s Office unless written communication is received by the applicant and the- City indicating other- wise. -77- DEFINITIONS • -78- . ' . ' ' •SECTION 9 ' DEFINITIONS a For the purpose of, this Master Program, certain terms and their Jderivations 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 9 I nesting, or, discharging of materials . Not, all activities necessarily require a. shoreline location . , 9 . 03 Aquaculture , The culture or. .farming of aquatic animals Hand 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 . - - . • . i9 . 06 . "Building. Any structure hay.ing , a roof intended .to bel . : , 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 . '19 . 09 , Circulation - Those means , of transportation' which carry passengers or goods to , from, over, or along• a corridor . .'9 . 10 : • Corr.idor,. , 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 ; dredginlg; drilling; dumping; filling; removal of any sand, graivel or minerals ; i -79- bulkheading, driving of piling; placing of obstructions ; or any other project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any state of water level , 9 . 12 Dock A fixed .or floating platform extending from the Ihore over the water. 9 . 13 . Dredging The removal of earth from the bottom or banks Of a body of water. 9. 14 Economic Development 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 II inancial gain. 9 . 15 Filood Control Any undertaking for the conveyance , con iIrol , and dispersal of flood waters . 9 . 16 1loodplain The area subject to a 100-year flood. 9 . 17 hearings Board The shorelines hearings board established blly the act . 9 . 18 !landfill Creation or maintenance of beach or creation of I ry upland area by the deposit of sand, soil , gravel or dither materials into shoreline areas . 9 . 19 !licensed Engineer A professional engineer, licensed to practice in the State of Washington. 9 . 20 Marina A use providing moorages for pleasure craft which !lso may include boat launching facilities , storage , sales nd other related services . 9 . 21 Iviaster Program The comprehensive shoreline use plan for ihe City of Renton , and the use regulations , together with aps , diagrams , charts or other descriptive material and ext , a statement of desired goals and standards developed in accordance with the policies enunciated lin Section 2 ' olf the act . 9 . 22 Moorage Any device or structure used to secure a vessel I for temporary anchorage , but which is not attached to the vessels . Examples of moorage are docks or buoys . . -80- 9 . 23 Multiple-Use The combining of compatible uses within one development , of which the 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 other 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 . '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 flow 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 the City The total of all "shorelines" andl "shorelines of state-wide significance" within the City of Rrnton , 9 . 34 Structure A combination of materials constructed or erected on the ground or water, or attached to something . hiving a location on the ground or water. 9 . 35 Subdivision A parcel of land divided into two or more , p .rcels , 9 . 36 Substantial Development Any development of which the total dool cllst or fair market value, exceeds one thousand (1 , 000) llars or any development which materially interferes with tfe normal public use of the shoreline . 9 . 37 S6bstantial Development Permit The Shoreline Management sl&bstantial development permit provided for in Section 14 of the Shoreline Management Act of 1971 (RCW 90 . 58 . 140) . , 9 . 38 - Uaicue and Fragile Areas Those portions of the shoreline which (1) contain or substantially contribute to the main tenance of endangered or valuable forms of life ; and (I) have unstable or potentially hazardous topographic , glologic or hydrologic features (such as steep slopes , m' rshes) . 9 . 39 Water-Dependent Referring to uses or activities which nllcessarily require a shoreline location as a major and integral part of that use or activity. 9. 40 Water-Oriented or Water-Related Referring to uses , activi- tlliffes or facilities which are not necessarily water-dependent, bu'� t still incorporate in their design some kind of advan- tageous use of the water, for example walkways or view windows . 9 . 41 Wetlands or Wetland 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 ail marshes , bogs , swamps , floodways , river deltas , and f oodplains associated with streams , lakes and tidal wIters which are subject to the provisions of the act . 1 MAYOR CHARLES J . DELAURENTI CITY COUNCIL KENNETH D. BRUCE 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 , JR . WILLIAM C . GODDARD DOROTHY HERBERT DON kiU 1tLC. ROBERT E . MC BETH SHARON NEGLAY ROBERT J . PHELPS W. STEWART POPE ROBERT W . SCHALKLE ARTHUR D. SCHOLES Armondo Pavone 0,, ---' Mayor - SHORELINE City Clerk Jason A.Seth,MMC ,. ,.. Ad A s T. E R ,,,,,., aprifil r 1 ,Ilt t .fc , ii , . : . 1, ik • !f , , 11 � ' I li 0111111111111111111111 , .c., , , iliZik,:;,,, s. --,,, , ) • , , ,, 4014:.: /.•!'‘. ' ..1 I. f.4:'- 11..*''''i NO ' i 4 • 1.:,ti' A . Lowas. 4:16.000�--11 yam! 1►n"`'�',`, serf' 1 , `•. . ''9,+ . ,,e_c- : _,:,--ivir - 4 ._""fo'?:fr.a.%*-1-- . illitli. -. ..=.614L-. ri/ : .. �. '1 / / _ ��J �'� _n" .ice' ,- r'' - - - . .. s, ti City of Renton Planning Department March 1976 1055 Soutl,Grady Way, Renton,WA 98057 • 425-430-6510 • Fax 425-430-6516 • rentonwa.gov CITY O F RE N T (Armond()Pavone Mayor a� PLANNING DEPARTMENT City Clerk Jason A.Seth,MMC Gordon Y . Ericksen Planning Pi rector James L . Magstadt Assistant Planning Director Gary R. Kruger Senior Planner Michael L . Smith . . Associate Planner Joan 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 r Willis Roberts Craig Johnson * Jeanne Nelson * Mary Draper * Alice Deacy * Mary Lynn Kinkade * * Temporary Employees February 1976 1055 S< uth Grady Way, Renton,WA 98057 • 425-430-6510 • Fax 425-430-6516 • rentonwa.gov